Union Terminology

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Escalator Clause:

Union contract provision for the raising and lowering of wages according to changes in the cost of living index or a similar standard; most commonly referred to as a Cost of Living Adjustment (COLA).

Escape Clause:

A provision in maintenance of membership union contracts giving union members an "escape period" during which they may resign from union membership. Members who do not exercise this option must remain members for the duration of the contract.

ESOP:

See Employee Stock Ownership Plans.

Excelsior List:

Established in the case of "Excelsior Underwear", the list of names and addresses of employees eligible to vote in a union election. It is normally provided by the employer to the union within ten days after the election date has been set or agreed upon at the NLRB.

Exclusive Bargaining Rights:

The right of a union which has been certified by the NLRB or other government agency to be the only union representing a particular bargaining unit.

Executive Order 10988:

Issued by President John F. Kennedy in 1962, the order recognizes the rights of federal employees to bargain with management.

Exempt Employee:

An employee who is not covered by the Fair Labor Standards Act and is therefore not eligible for time-and-one-half monetary payments for overtime. Exempt employees are generally paid a salary rather than an hourly rate.

Expedited Arbitration:

An effort to streamline the arbitration hearing by reducing both time and cost. Transcripts and post hearing briefs are usually eliminated. Often the arbitrator issues a decision upon the completion of the hearing or shortly thereafter.

Fact Finding:

Investigation of labor-management disputes by a board, panel, or individual. A report is issued by the panel describing the issue in dispute, and may make recommendations for a solution.

Fair Labor Standards Act (FLSA):

The 1938 federal Wage-Hour Law which establishes minimum wage, maximum weekly hours and overtime pay requirements in industries engaged in interstate commerce. The law also prohibited the labor of children under 16 years of age.

Fair Share:

Under a union security clause of a union contract, the amount a nonunion member must contribute to a union to support collective bargaining activities. This arrangement is justified on the grounds that the union is obliged to represent all employees faithfully.

Family and Medical Leave Act (FMLA):

Federal law establishing a basic floor of 12 weeks of unpaid family and medical leave in any 12-month period to deal with birth or adoption of a child, to care for an immediate family member with a "serious health condition", or to receive care when the employee is unable to work because of his or her own "serious health condition".

Federal Mediation and Conciliation Service (FMCS):

Independent agency created by the Taft-Hartley Act in 1947 to mediate labor disputes which substantially affect interstate commerce.

Federal Service Impasse Panel:

In federal employment, it provides assistance in resolving negotiating impasses. The various techniques it employs are to serve as a substitute for the right to strike.

Field Examiner:

An employee of the NLRB whose primary duties are to conduct certification elections and carry out preliminary investigations of unfair labor practices.