A layman’s definition of terminology
Bargaining Agreement (Tentative Bargaining Agreement/Contract/Labor Agreement/Labor Contract)
A set of rules and processes between the employer (management) and employee that govern the working arrangement between a set of employees (bargaining unit) and the employer. Generally representatives of the employer and the employee (union) work to formulate or modify an agreement that, when agreed to by the negotiators, is brought to the union members for ratification (approval). Once ratified, this agreement is honored by the employer for all employees in the bargaining unit, whether or not all employees in the bargaining unit are members of the union. In Washington State Employment, there are separate agreements between multiple unions and multiple types of bargaining units (e.g., General Government, Higher Education, ….).
Bargaining Unit (Exclusive Bargaining Unit)
A set of employees with some commonality, such as job function and/or employer, that are represented by a particular union. In Washington State Government employment, PERC decides (certifies) that a particular union has majority support of the affected employees. This is generally based on a petition to PERC by a union and a vote, held by PERC, of the affected employees. However, if majority support is demonstrated via “representation cards”, a vote may not be held. Once decided the employer is called the “certified exclusive representative” for this group, meaning no competing union has representation, nor do the employees directly represent themselves.
Certification
The process by which a group of employees becomes a bargaining unit associated with a particular union. Generally a majority of support must be shown. In Washington State Government employment, once a unit is certified as the “certified exclusive bargaining representative” of the unit, that decision cannot be changed within a year and also cannot be changed in the middle of the term of a Bargaining Agreement.
Decertification
The process by which a Bargaining Unit severs their relationship with their “exclusive bargaining representative. In Washington State employment, this cannot occur within one year of Certification and also has to occur near the end of the term of the existing Bargaining Agreement. A thirty percent interest must be shown to PERC. Then PERC holds a decertification election that must be won by a majority.
Delegation Card (Representation Card/Representation Petition)
A card or other form on which the employee explicitly delegates
his/her representation rights to a union.
Such a card/form will contain language like: “I authorize <union>
as my exclusive collective bargaining representative for the purpose of
bargaining wages, benefits and working conditions.” These cards/forms may be used
to justify/create an “exclusive bargaining unit” if none exists, or change from
one union to another. Actual union
membership explicitly designates delegation also for purposes of
creating/maintaining the exclusive representation.
Discipline (Fines)
A process by which actual union members may be fined if they work against the union or in conflict with the terms of the Bargaining Agreement. Discipline may also result in loss of membership privileges, such as right to vote, right to hold office. When an employee joins the union they agree to be bound by it’s rules, including fines. Employees who don’t join the union but only pay fees are not subject to union discipline/fines.
Exclusive Representative
(Bargaining Representative/Representative/Certified Exclusive Representative)
The specific union which has been Certified to act on the behalf of the employees of a particular Bargaining Unit in all employment matters. By law, the Exclusive Representative is supposed to represent the interests of ALL members of the Bargaining Unit, whether union members or not: RCW 41.80.080(3): “The certified exclusive bargaining representative shall be responsible for representing the interests of all the employees in the bargaining unit.”
PRSA (PRSA 2000/Reform Act/Personnel Systems Reform Act of 2000)
A major revision to Washington State Law relating to State employment labor issues. The unions strongly supported this law revision. This law stripped away all existing “Merit System” rule protections, to be replaced with either a new set of rules developed by DOP or by union Bargaining Agreement rules depending on whether an employee was in a Bargaining Unit or not. This revision also greatly relaxed the rules on contracting out. It also permitted the unions to bargain on a number of issues with Bargaining Unit provisions that would supersede the rules being developed by DOP for employees in a Bargaining Unit. Among the issues subject to the Bargaining Agreement was the right to put a “Union Security” clause in the agreement along with all the other issues. Previous to the Reform Act, “Union Security” had to be voted on as a separate standalone issue in an election managed and overseen by DOP. All affected employees were notified of this “Union Security” election.
PERC (Public Employee Relations Commission)
The State Commission responsible for interpreting labor law statutes, acting on representation requests including holding certification elections, handling complaints on Unfair Labor Practices, and resolving issues of non-association where the union and the employee can not come to agreement on non-association.
Ratification (Ratification Vote/Contract Ratification/Bargaining Agreement Ratification)
The voting process by which a Tentative Bargaining Agreement is approved or rejected by the union membership. This is a union internal election and generally only actual union members are allowed to vote. Per signed agreement by the Union/State negotiators on 9/13/2004, the WFSE union was required to permit all members of the affected bargaining units to vote on the General Government Tentative Bargaining Agreement. No requirements as to the process for this vote were made.
Representation Fees (Agency Fees)
Lesser fees that non-union employees in a “union security” affected Bargaining Unit may pay instead of joining the union or paying full fees. These fees are supposed to represent actual representation costs, excluding monies spent by the union for political purposes or other non-representation issues.
Union Membership
A contractual relationship between the employee and the union whereby they delegate their representation rights exclusively to the union. They become subject to union Discipline, and have rights to vote and hold office in the union. Actual union membership is not required in any State, however payment of fees may be.
Union Security
A provision whereby all members of a bargaining unit have a union obligation. This obligation may be satisfied by actual union membership or by simply paying dues. The ability to not be a member but pay lesser “representation” fees also exists. Employees with religious beliefs against joining or supporting the union may also petition for “non-association” and pay fees to an agreed upon charity instead of union fees. Washington State employees in an affected Bargaining Unit are subject to a union obligation when a “union security” clause is included in the Bargaining Agreement as it is in the WFSE General Government agreement effective July 2005.