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The Labour Dictionary

This is a reference for all PEA members to make sense of technical terms throughout PEA and other Union's documents.

Definitions

Afiliated union. A union, which is a member of a group of unions.

Application for certification. A request by a trade union to a labour relations board for designation as the bargaining agent for a particular unit of employees.

Arbitration. The procedure by which a board or a single arbitrator, acting under the authority of both parties to a dispute, hears both sides of the controversy and issues an award, usually accompanied by a written decision, which is ordinarily binding on both parties. Arbitrators are usually appointed by the parties concerned, but under special circumstances, they are appointed by the Minister of Labour. Compulsory arbitration is that required by law and is the usual procedure for settling contract interpretation disputes. Voluntary arbitration is in the absence of statutory compulsion.

Arbitrator. Third party chosen to hear a case or group of cases which are submitted for arbitration.

Award. Ruling handed down by an arbitrator.

Back Pay. Wages due for past services - often the difference between money already received and a higher amount resulting from a change in wage rates.

Bargaining Agent. A trade union that acts on behalf of employees either in collective bargaining or as a party to a collective agreement with an employer.

Bargaining Unit. The employee group which is the appropriate unit for collective bargaining. Principal determining factors are history of collective bargaining, work performed, organization and representation of employees, their desires, interests and interchangeability.

Base Rate. The straight-time rate of pay per hour, job or unit, excluding premiums, incentive bonuses, etc.

B.C. Federation of Labour. The major provincial labour organization in BC. In order to join, unions must first be members of the CLC.

Bumping. Exercise of seniority rights by workers to displace junior employees when business conditions require temporary layoffs or the discontinuance of departments.

Canadian Labour Congress. The central labour congress formed out of the merger of the Trades and Labour Congress and the Canadian Congress of Labour.

Ceiling. Upper limit on wages and hours.

Certification. The official designation by a labour relations board of a trade union as the exclusive bargaining representative for employees in a particular bargaining unit.

Check-off. A system whereby union dues and assessments are deducted by the employer from the employees’ pay cheques and remitted to the union. A check-off assignment is a signed authorization from the employee permitting a voluntary check-off. An automatic or compulsory check-off is one made without specific authorization by each employee.

Classification Plan. A job evaluation method based on comparison of jobs against a money scale.

Closed Shop. A place of employment where the employer has obligated himself to hire and retain in employment only union members.

COLA clause. A provision in a collective agreement which provides for payment of a cost‑of‑living allowance based on increases in the Consumer Price Index which is compiled by Statistics Canada.

Collective Agreement. An agreement in writing between an employer and the union representing his/her employees which contains provisions respecting conditions of employment, rates of pay, hours of work and the rights or duties of the parties to the agreement. Ordinarily, the agreement is for a definite period such as one, two or three years.

Collective Bargaining. The process of negotiating a collective agreement or settling grievances in line with the grievance procedure provided in an existing contract.

Compensation. The total package paid to an employee for working, including wages and benefits.

Compensatory Time Off. Time off which, instead of overtime pay, is given to employees who work overtime or; extra time allowed to an employee when a holiday falls on his regular day off.

Consumer Price Index. A monthly statistical study by Statistics Canada which checks retail prices of selected consumer items in a representative group of cities. Strictly, it is not a “cost‑of‑living” index, thought it is often so described.

Contracting Out. Allocating work to be performed by others where such work had previously been performed by the employer or contractor.

Conventions. Form of international treaty by which labour standards are set by the International Labour Organization, subject to ratification by its member countries or; assemblies of union delegates which meet to act upon basic union policies.

Cost‑of‑Living. Relationship of the retail cost of consumer goods and services to the purchasing power of wages.

Cost-of‑Living Adjustment. Adjustment of wages or salaries in ratio to changes in the cost‑of‑living.

Craft Union. A union whose membership is restricted to workers having a particular skill but which admits workers having that skill regardless of the industry in which they work.

Decertification. Withdrawal by a Labour Relations Board of its certification of a union as exclusive bargaining representative.

Disparity. Variation in pay to workers engaged in similar work in similar industries or in different economic regions.

Dues. Periodic payments by union members for the financial support of their union.

Equal Pay for Equal Work. Principle that wage rates should be based on the job rather than upon the sex, race, etc. of the worker, or upon other factors not related to his ability to perform.

Exclusive Bargaining Right. Right of the union, designated as bargaining representative by a majority of the employees in the appropriate bargaining unit, to bargain collectively for all employees in the unit.

Flex Time. A variation, but not a reduction, in working hours intended to provide better “time‑planning” for employees and for flow of work.

Grievance. Any disagreement respecting the interpretation or application of a collective agreement.

Incumbent. The holder of an office or position.

Industrial Union. A union whose membership includes any worker in a particular industry regardless of the particular skill he/she is exercising.

Injunction. A court order which either imposes restraints upon action or, if in mandatory form, directs that action be taken, and is in either case backed by the court’s power to hold disobedient parties in contempt.

Interim Agreement. A collective bargaining agreement setting conditions only for the period from the lapse of one contract until the completion of negotiations on another.

International union. A union which charters locals in more than one country.

Job Action. Action taken by workers to gain concessions not provided in their union contract or; action to enforce the union contract in the best interests of the workers or to prevent its violation by the employer.

Job Classification. Job rating based on an analysis of the requirements of the work.

Job Content. The actual duties which make up a job.

Job Description. A part of job evaluation involving a review of the nature of the work, its relation to other jobs, the working conditions, the degree of responsibilities and the other qualifications called for by the work.

Job Evaluation. System for fixing the relative value of jobs as they exist in a workplace.

Jurisdiction. Authority of an administrative agency or court to hear and pass judgement upon the merits of a case or; extent of a union’s authority over certain workers or certain types of work.

Jurisdictional Dispute, Inter-Union Dispute. A conflict between two or more unions as to which one shall represent a group of employees in collective bargaining or as to which one’s members shall perform a certain type of work.

Labour Movement. Endeavours of organized labour to increase its ranks and to promote the welfare of the working class.

Labour Relations. All matters arising out of the employer-employee relationship, most intimately connected, however, with collective bargaining and associated activities.

Labour Relations Board. The board, provided for under the provincial Labour Code, which is responsible for certifications of trade unions, the entering of dispute settling provisions into collective agreements and investigating complaints of bad faith in collective bargaining.

Layoff. Temporary, prolonged, or final separation from employment as a result of lack of work.

Leave of Absence. Permitted absence of an employee for a limited period, ordinarily without pay.

Local Union. The basic unit of union organization. The local has its own bylaws and elects its own officers, but is chartered by the parent union of which it is a part. An amalgamated local is composed of units in several plants, each of which is partially self‑governing.

Lockout. The closing of a place of employment, a suspension of work, or a refusal by an employer to continue to employ a number of employees done with the purpose of compelling employees or those of another employer to agree to conditions of employment or to refrain from exercising their existing rights and privileges.

Make Whole. Reimburse a discriminatorily discharged employee for the difference between what they would have earned if they had not been discharged and what they did earn, exclusive of unemployment compensation, during the period.

Management Rights, Employer Rights. The body of rights including hiring, production scheduling, contracting and price fixing which management generally contends are not proper subjects for collective bargaining.

Mediation. A means of settling labour disputes whereby the contending parties use a third person - called a mediator - as a passive go-between.

Memorandum of Agreement. A draft or outline resulting from the negotiation of a collective agreement. Both parties agree to various clauses during the negotiation process and the memorandum forms the ruling document on which the collective agreement is later drafted.

Open Shop. A shop in which union membership is not required as a condition of securing or retaining employment.

Overtime. Hours worked in excess of a maximum regular number of hours fixed by statute, union contract, or custom.

Parity. When wage rates and/or benefits between two different groups or unions are equal, they are at parity.

Picket. One who patrols a place of business to publicize the existence of a labour dispute, a union’s desire to represent the employees, or the fact of non-union working conditions.

Posting. Required display of the vacancies available for completion within the bargaining unit.

Premium Pay. Pay over and above straight-time pay for time actually worked, including contractual overtime for excess hours, clock‑time hours and special days, pay for idle time and absences, bonuses and gifts.

Rand Formula. A union‑security plan developed by Judge Rand which provides for the employer to deduct union dues from the pay of all employees and remit the amounts to the union. In addition, all strikes must be authorized by a secret ballot in which all employees may vote. Unions must, under threat of penalties, declare members eligible to cross unauthorized picket lines and fines may be imposed on employees who participate in unauthorized strikes.

Ratification. An act of formal approval given to terms negotiated in collective bargaining by the union members who have the authority to make the final decision of acceptance or rejection. The act of ratification validates the agreement entered into by the negotiators on behalf of the union members.

Recognition. Employer acceptance of a union as the exclusive bargaining representative for the employees in the bargaining unit.

Red Circle.Maintains a rate of pay for a particular employee which is higher than the rate for the job the employee performs. The most common reason this occurs is when work places amalgamate, and there are fewer senior positions. However, “red circled” employees do not receive further increases until their new rate catches up.

Representation Vote. A vote ordered by the Labour Relations Board to determine whether employees in an appropriate bargaining unit wish to have a particular union represent them as their bargaining agent.

Right-to-Work Laws. Laws which, in guaranteeing the individual employee’s right to work, have the effect of outlawing union‑security contract provisions.

Scab. Worker who refuses to join co‑workers in a strike. Sometimes applied to members of a non‑striking union who pass through a striking union’s picket line.

Steward. PEA uses the term “Local Representative.” Volunteer member who is a expert in union activities and is a representative of the union to members at a union shop.

Strike. A cessation of work, a refusal to work or to continue to work by employees in combination or in accordance with a common understanding, or a slowdown, or other concerted activities by employees for the purpose of compelling an employer to agree to terms or conditions of work by all union members in a geographical area, usually as a political protest. A wildcat, outlaw, or unauthorized strike is a strike launched without the consent of union officials and is a strike by a minority of the workers in a workplace or bargaining unit.

Strike Benefits. Sums paid by a union to its striking members to help finance them during the strike.

Strike Breakers. Workers hired during a strike primarily for the purpose of defeating the strike.

Strike Fund. Reserve accumulated by a union to provide members with some income while on strike and to pay expenses connected with strikes.

Strike Notice. Formal announcement by a group of workers to their employer or to an appropriate government agency that as of a certain date they will go on strike if the grievance is not settled.

Strike Vote. A vote conducted among employees in the bar-gaining unit on the question of whether they should go out on strike.

Suspension. A layoff from work as a disciplinary measure.

Sweetheart Deal. A special agreement benefitting an employee, and granted by an employer without the knowledge of the union and therefore in violation of the Collective Agreement.

Take‑Home Pay. The net paycheque after allowance for tax withholding and other deductions.

Unfair Labour Practices. Those employer or union activities that are classed as “unfair” by labour relations acts by reason of intimidation, coercion, interference, or failure to bargain in good faith.

Union. The unit of labour organization which organizes and charters locals in the industries or trades as defined in its constitution, sets general policy for its locals, assists them in the conduct of their affairs, and is the medium for coordinating their activities. Finances are obtained from the locals through per capita dues. Unions usually hold regular conventions of delegates from the locals at which general policy is set and at which officers are elected.

Union Jurisdiction. Authority over certain types of work, certain workers, or specific areas which have been assigned to a union by the national or international union with which it is affiliated.

Union Label. Imprint on a product indicating the item is made under union conditions. It is called a “bug”.

Union Shop. Form of union security under which an employer may hire non‑union workers who must, however, become members after they are employed as a condition of retaining their employee status.

Voluntary Recognition. An employer and a trade union may agree that the employer shall recognize the trade union as the
exclusive bargaining agent of the employees in a defined bargaining unit.

Wage Differentials. Different rates of pay for the same general type of work, the variations resulting from differences in working conditions, performance standards and types of workers.

Walkout. Loose term for a strike.

Work to Rule. A practice where workers obey all laws and rules pertaining to their work, thereby effecting a slowdown; a refusal to perform duties which, though related, are not explicitly included in the job description.

Workers’ Compensation. Compensation payable by employers collectively for injuries sustained by workers in the course of their employment. Each province has a Workers’ Compensation Act. The industries covered by the Act are divided into groups, the employers in each group being collectively liable for the payment of compensation to the workers in their group.

 

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