Bargaining Unit
A group of employees that a union represents at work as their exclusive bargaining representative. A labor union represents all employees in the bargaining unit – whether they are a union member (or not) and whether they voted for the union (or not).
Bylaws & Union Constitution
A labor union’s set of rules and regulations that all union members must follow. Union constitutions outlining the union’s detailed and broad rules for its members often exceed 100 pages.
Collective Bargaining or Contract Negotiations
The legal process of negotiating a contract between a company and a labor union which contains some of the terms and conditions of employment for the employees in the bargaining unit. Contract negotiations can often be complex and contentious. The union and the company need to bargain with each other in good faith but don’t need to agree to something that they can’t afford or that doesn’t make sense to them.
Labor Contract or Collective Bargaining Agreement
The agreement that a labor union has with a company that results from collective bargaining that covers some terms and conditions of the employees in the designated “bargaining unit.” A labor contract covers all team members in the bargaining unit – whether they are a member of the union or not and whether they wanted the union or not.
Labor Union
An organization formed under the National Labor Relations Act that is is the legal and exclusive bargaining representative for a group of team members in a “bargaining unit.” Labor unions bargain on behalf of all employees in the bargaining unit and negotiate over certain terms and conditions of employment.
LM-2
A financial statement that labor unions are required to file annually with the U.S. Department of Labor.
Management Rights
A contract clause that reserves and identifies a company’s authority to take actions and make decisions on the scope of its business and operations without bargaining with the union. Management rights clauses often include the right to hire, promote, transfer, demote, and lay off team members, as well as the right to adopt and modify policies, rules, and regulations governing safety, performance, procedures and the right to subcontract or contract out work.
National Labor Relations Act (NLRA)
The NLRA was established in 1935 and was adopted to protect….
the legitimate rights of both employees and employers in their relations affecting commerce, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations…and to protect the rights of the public in connection with labor disputes affecting commerce.”
National Labor Relations Board (NLRB)
The NLRB is an agency of the federal government that was established to enforce the NLRA.
Unfair Labor Practice (ULP)
A determination that a union or employer has violated the National Labor Relations Act or interfered with a right protected by the National Labor Relations Act.
Unfair Labor Practice (ULP) Charge
An allegation that the company or the union has violated the National Labor Relations Act. Anyone can file a ULP charge and it does not mean that a violation of the law has occurred. The NLRB’s investigators will look into a charge and issue an administrative complaint if the charge may have merit. If the NLRB investigators determine that a charge has no merit, the charge will be dismissed or withdrawn. According to the NLRB, in Fiscal Year 2024, 21,300 ULP charge were filed with the NLRB, and the NLRB issued only 635 administrative complaints. NLRB decisions are subject to federal court review.
Union Dues or Fees
A union’s source of revenue, which is paid by union members, or by employees represented by a union even if they are not members. Dues or fees are often the equivalent of two (or more) hours of pay each month and can total hundreds, or even thousands, of dollars each year. Union dues or fees are paid post-tax and are not tax deductible.
Union Penalties
Most labor union constitutions and bylaws contain clauses that allow a union to put its members on trial and penalize them if they violate the union’s rules or regulations. If found guilty, union members may be disciplined, including being obligated to pay a fine or fee to the union.
Union Security Clause
A common clause in labor contracts that requires all team members in the designated bargaining unit to pay dues or fees to the union. Under a union security clause, all team members can be forced to pay money to the union or lose their job, even if they are not a union member and do not support the union.