Glossary

Definitions of union terms

(Taken from the CUPE mini dictionary of union language, and the CUPE Parliamentary Procedure Glossary.)

Acclamation
When someone wins an election because there are no other candidates.

Appoint
Name or assign a person to hold a position or be part of a committee.

Arbitration
A way of settling a disagreement using an arbitrator. An arbitrator is a third party or independent person, usually chosen by both the employer and union. Sometimes the arbitrator is a board, which includes one representative chosen by the employer, one representative chosen by the union, and a Chairperson. The arbitrator’s decision is final and binding on the employer, the union and any employees who are affected.

Two main forms of arbitration are:

• A “grievance” or “rights” arbitration decides whether a collective agreement has been broken.
• An “interest” arbitration decides what should be in a collective agreement (usually for workers who are prevented by law from striking).

Article
A section of a legal document, such as a collective agreement or bylaw. It is also called a “provision”, “clause”, or “language”.

Bad faith
Describes an act that is dishonest or done for an improper reason. Examples of bad faith are:

• An employer lies during bargaining or withholds important information on purpose.
• A union officer refuses to carry out a grievance because the grievor is unpopular.

Bargaining
The negotiation by the employer and the union over the terms and conditions of employment for employees in represented bargaining units.

Bargaining agent
A union which has been chosen by workers and recognized by the employer or certified by the labour board. This union represents all workers in the bargaining unit and negotiates a collective agreement with the employer. See

Bargaining unit
A group of workers who:

• are part of the union,are considered by the labour board as an appropriate group to bargain together, and;
• are covered by the same collective agreement.

The workers can be employees of a department, agency, plant, industry, sector, or other grouping.

Benefits
Negotiated entitlements on top of wages. Benefits can be:

• pensions
• vacation
• drug and medical plans
• long term disability
• life insurance
• other

The employer pays for all or part of these benefits, depending on the collective agreement.

Binding
Decisions or agreements can be binding. This means you must follow them. For example, the articles of a collective agreement are binding on the employer and the union. Both have to follow the instructions about wages, grievances, seniority and other rules in the agreement. An arbitration award is binding. This means that the employer, union and any affected employees have to carry out the arbitrator’s decision.

Bylaws
A local union’s bylaws state how the local is organized and what rules it must follow. Each local develops its own bylaws, following the parent union’s constitution. CUPE National provides an example in the Model Bylaws. Bylaws usually describe important aspects of a local union such as the role of officers, how officers are chosen, and procedures for meetings.

Caucus
An informal grouping of people who meet to discuss their common interests.

1. Groups of members with common interests might hold a caucus at a union conference or convention.
2. During a meeting with the employer, union representatives may withdraw to discuss privately what position the union should take. They decide on a common position before going back to meet with the employer.

Certification
The legal process of a labour board deciding that a union can be the bargaining agent for employees in dealing with their employer. Once certified, the union has a legal right and obligation to represent all employees in the bargaining unit. To get certification, a union must show that a majority of the workers support it.

Collective agreement
A written agreement between the union and employer that tells workers and the employer what their rights and responsibilities are. It is also called a “contract”. The collective agreement covers such things as:

• wages
• benefits
• hours of work
• conditions of work
• seniority
• how to handle disagreements.

Collective bargaining
Negotiations between a union and employer for a collective agreement.

Conciliation
A process for reaching a collective agreement with help from a neutral person appointed by the government. Often, the union and employer must meet with a conciliator before a strike or lockout is legal. A conciliator may make recommendations, but they are not binding.

Contract proposals
What the union or employer wants in the collective agreement. The two parties suggest these changes in collective bargaining.

Counter proposal
An offer made by one party in collective bargaining negotiations in response to a proposal by the other party.

Duty to accommodate
Steps that the employer and union must take to avoid discrimination. The employer and the union must look for standards, requirements, practices, or rules that discriminate against workers, and then eliminate those barriers. For example, maybe the employer changes the schedule so that workers can follow their religious beliefs, or the employer renovates a building so that workers with disabilities can use it. Workers needing accommodation must cooperate and accept reasonable offers of accommodation.

Duty of fair representation
A union must represent all employees in a bargaining unit fairly. The representation cannot be arbitrary, discriminatory or in bad faith.

Grievance
A claim that the employer or union has broken the collective agreement.

• Individual grievance: A claim by one worker.
• Group grievance: A claim by or for more than one worker about an act of the employer.
• Policy grievance: A claim by the union about a general question or interpretation of the collective agreement.
• Union grievance: A claim by the union.
• Employer grievance: A claim by the employer.

Impasse
The point in collective bargaining negotiations at which either party determines that no further progress can be made toward reaching an agreement.

Job action
A concerted, coordinated activity by employees designed to put pressure on the employer to influence bargaining. Examples include: work stoppages, protest demonstrations, wearing T-shirts, buttons, or hats with union slogans, petition signing, etc.

Job posting
A notice that a job is open and will be filled. The notice usually contains a job description, short summary of the duties, qualifications and rate of pay.

Just cause
A good enough or proper reason to discipline or fire a worker.

Local union
A union organization formed under the constitution of a national or parent union. A local union can represent workers in one or more bargaining units. Local unions have their own bylaws and elect their own officers.

Lockout
When the employer stops workers from working in order to pressure them to agree to its collective bargaining proposal. In order for a lockout to be legal, the employer must follow certain steps, just as the union must before going on strike. A lockout is legal only after the collective agreement has expired and bargaining has gone through the steps required by law.

Management rights
The employer’s right to control and direct the workplace. Management rights are usually set out in one clause of the collective agreement and are limited by other clauses.

Mediation
A process for reaching a collective agreement or resolving a disagreement with help from a neutral person. See Conciliation.

Merger
Two or more organizations, such as unions, combine. In a merger of unions, each union must follow its constitution and bylaws.

National Representative
An employee of the parent or national union who assists local union officers in representing workers. Also called staff representative.

Progressive Discipline
A series of more and more severe disciplinary penalties. Generally, an employer must apply progressive discipline unless the misconduct justifies firing an employee.

Quorum
The minimum number of members required to hold a meeting.

Ratification Vote
A vote of bargaining unit members to accept or reject a proposed collective agreement (or other agreement).

Statutory freeze
A period when no collective agreement is in effect, but the employer cannot change rights, benefits, and other terms of employment without the union’s consent.

Steward
A union officer who represents co-workers in dealing with the employer. Also called “shop steward” or “union steward”.

Strike
Workers stop working as a way to pressure the employer to settle a collective agreement or other dispute. Usually, strikes are legal only after the collective agreement ends and certain bargaining steps have been completed.

Tentative Agreement
The agreement reached through bargaining prior to its ratification or final approval by the negotiators’ constituencies.

Without prejudice
When a person or party makes an offer on condition that it not be used against them. For example, a grievance settled “without prejudice” cannot be used by either the union or employer in future cases.