UNION SHOP – A form of union security provided for in the collective agreement requiring workers to be part of the union or to pay dues to it, a prerequisite for maintaining employment. It is illegal to have a closed store where workers must be unionized before being hired. The union shop is legal, except in what is called the “right to work”. NEGOTIATING AREA – Is the area or area in which an agreement is satisfactory for both parties to the negotiation. The trading area is essentially the overlap zone between walk-away positions in a negotiation. Also called “Zopa” (possible agreement area). TIME TO REFLECT – The Railway Labour Act (RLA) prohibits parties who find themselves at an impasse in collective bargaining from helping themselves. If the NMB believes that mediation efforts will not result in an agreement, the Board of Directors will make a “proffer of arbitration” which, if rejected by one of the parties (which is normally refused), releases the parties from mediation to enter a “30-day reflection period”. During the 30-day reflection period, the parties shall continue negotiations with a view to reaching an agreement and, as a general rule, reaching an agreement during that period. If the parties do not reach an agreement during the reflection period, each party can help itself. For the union, helping each other means participating in activities that can economically harm the company, up to a strike.
For the company, mutual assistance includes the right to unilaterally impose changes to our contract or to block us. The end of the 30-day reflection period is generally referred to as the “strike period,” which almost always offers the time constraints needed to resolve the remaining issues in the negotiations. During the period of reflection, the NMB invites the parties to continue to play a mediating role in the negotiations. Key U.S. trade deals should “contribute to a democratic global economic government and promote good jobs, full employment and higher wages,” Hoffa said. “A key element is, of course, strong protection of labour rights, so that any worker in any country can exercise fundamental human rights in the workplace without fear.” COLLECTIVE AGREEMENT (KNA) – A written agreement or contract that results from negotiations between an employer and a union. It defines the conditions of employment (wages, hours, benefits, etc.) and the means of settling disputes that arise during the term of the contract. Collective agreements are usually in progress for a fixed period – one, two or three years.
Sometimes the term is used synonymously with the understanding protocol or MOU. MANDATORY BARGAINING TOPICS – Matters that must be negotiated if bargaining is to be negotiated in good faith between unions and employers. The compulsory subjects are: hours; wages; and working conditions. However, there is no obligation for both parties to agree on a mandatory subject during negotiation, but there is an obligation to participate in the negotiation process. Some of the “free trade agreements” in which the United States participates: NAFTA; CAFTA; TTIP; etc. President Trump has withdrawn from the Trans-Pacific Partnership (TPP), but is thinking about it again. A side letter or ancillary agreement is a collective agreement that is not part of the underlying or primary collective agreement (AAS) used by the parties to reach agreement on matters that the CBA does not cover to resolve issues within the CBA or to amend (permanently or temporarily) the CBA. . . .