A group of workers who bargain collectively with the employer. The unit may include all the workers in a single location or in a number of locations, or it may include only the workers in a single craft or department. Final unit is determined by the NLRB, or agreed to jointly by the union and the employer.

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Agency created by the National Labor Relations Act, 1935, and continued through subsequent amendment, whose functions are to define the appropriate bargaining units, to hold elections, to determine whether a majority of workers want to be represented by a specific union or no union, to certify unions to represent employees, to interpret and apply the Act’s provisions prohibiting certain employer and union unfair practices, and otherwise to administer the provisions of the Act.

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:A union’s obligation to represent all people in the bargaining unit as fairly and equally as possible. This requirement applies both in the creation and interpretation of collective bargaining agreements. A union is said to have violated its Duty of Fair Representation when a union’s conduct toward a member of a collective bargaining unit is arbitrary, discriminatory, or in bad faith. A union steward, for example, may not ignore a grievance which has merit, nor can that grievance be processed in a perfunctory manner. It should be noted, however, that the employee in the bargaining unit has no absolute right to have a grievance taken to arbitration. The union is obligated to give fair representation to all union members, and also to collective bargaining unit members who have not joined the union in “right-to-work” states or in public service units.

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Negotiations in which two parties meet and confer at reasonable times with open minds and the intention of reaching agreement over a new contract.

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A procedure usually established by a collective bargaining agreement to resolve disputes, problems or misunderstandings associated with the interpretation or application of the collective bargaining agreement. It consists of several steps with the last step of the procedure, usually being arbitration. In good Employer-Union relations, arbitration is usually avoided with a settlement reached in the prior steps. This is because arbitration is timely, costly, and has a final binding decision on both parties.

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Any type of worker dissatisfaction including violations of the collective bargaining agreement, violations of law, violations of employer policies, violations of fair treatment, and violations of past practices. The definition of a grievance is usually part of the contract, and therefore may vary from one contract to another.

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A reason an employer must give for any disciplinary action it takes against an employee. An employer must show just cause only if a contract requires it. Most contracts have just cause requirements which place the burden of proof for just cause on the employer.

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A customary way of doing things not written into the collective bargaining agreement. Past practices can sometimes be enforced through the grievance procedure if the practice has been longstanding, consistent, and accepted by the parties.

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Formal approval of a newly negotiated agreement by vote of the union members affected.

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Often referred to as a perfunctory tactic whereby an employer meets with the union, but only goes through the motions of bargaining. Such conduct on the part of the employer is considered as violation of the employer’s duty to bargain, Section 8(a)(5) of the NLRA.

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Those employer or union activities classified as “unfair” by federal or state labor relations acts. Under the NLRA, employer unfair labor practices include employer threats against protected collective activity, employer domination of unions, discrimination against employees for collective activity, and employer failure to bargain in good faith with union representatives. Union unfair labor practices include failure to represent all members of the bargaining unit and failure to bargain in good faith, secondary boycotts.

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Any change an employer makes without the union’s consent. The subject of unilateral change is ever changing due to Board and Court Rulings. However, unilateral change falls into 3 categories; unilateral change before a first time contract, during bargaining, and during the contract’s terms. The Board recognizes that an employer must bargain all changes in regards to hours of work, rate of pay, and other conditions of employment with the employee’s bargaining representatives. Generally, these changes must be bargained to impasse before a change is implemented.

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