Negotiations Glossary
Agency Shop
A condition in which employees must join a union as a condition of employment. Nebraska is a
right-to-work state so agency shop is not applicable in this state but prevalent in many other
states.
Authorization Card
A form or “card” voluntarily signed by an employee whereby the employee authorizes that the
employee desires an election to be held to determine whether or not the union has the full
support of the majority of the employees in the bargaining unit.
Bargaining Agent
A labor organization that is the exclusive representative of all employees in a bargaining unit,
both union and non-union members.
Bargaining Unit
Employees who are grouped together for the purpose of engaging in collective bargaining.
Certificated Employee
An employee defined in section 79-824. NEB. REV. STAT. § 79-824 defines certificated employee
as all teachers and administrators as defined in section 79-101, other than substitute teachers,
who are employed one-half time or more by any class of school district. NEB. REV. STAT. § 79101 defines teachers and administrators as follows:
Teacher means any certified employee who is regularly employed for the instruction of pupils in
the public schools; and
Administrator means any certified employee such as superintendent, assistant superintendent,
principal, assistant principal, school nurse, or other supervisory or administrative personnel who
do not have as a primary duty the instruction of pupils in the public schools.
Certification
A determination by the Commission of Industrial Relations that a particular labor organization
has received a majority of the ballots cast in a representation election held among employees in a
bargaining unit. A certification once obtained must be decertified in front of the Commission to
remove the bargaining agent.
Cease-and-Desist Order
A written statement issued by the Commission of Industrial Relations requiring the employer or
union to abstain from conduct which has been found to be an unfair labor practice.
CIR
CIR stands for Commission of Industrial Relations.
Challenged Ballot
A vote questioned by one of the parties to a representation election. Votes may be challenged when
the eligibility of the voter is in question. Challenged ballots are kept sealed and are opened and
counted only if their number is sufficient to affect the outcome of the election.
Check-Off
Also known as Union Dues Check-Off, is a provision, generally found in the collective
bargaining agreement that allows union dues, assessments and initiation fees to be deducted from
the pay of union members who decide to use the check-off by the employer. The employer then
transfers the payments to the union on a scheduled basis. A check-off is a mandatory subject of
bargaining.
Collective Bargaining
A method of mutually determining wages, hours and terms and conditions of employment
through negotiations between representatives of the employer and the union. The results of the
bargaining are set forth in a collective bargaining agreement. Collective bargaining determines
the conditions of employment for all employees holding jobs in a bargaining unit whether or not
those employees pay dues to the union.
Collective Bargaining Agreement
A written agreement or contract that is the result of negotiations between an employer and a
union. It sets out the conditions of employment (wages, hours, benefits, etc.) and ways to settle
disputes arising during the term of the contract. Collective bargaining agreements usually run
for a definite period —typically one or two years.
Commission of Industrial Relations
Nebraska’s public labor relations board that adjudicates disputes between public employees and
a public employer.
Commissioner
An individual who has statutorily been appointed by the Governor and approved by the Nebraska
Legislature to serve as a Commissioner of the Commission. Commissioners serve 6 year terms.
Commissioner Panel
The three Commissioners assigned by the presiding officer of the Commission to hear and decide
a matter filed with the Commission.
Confidential Employee
An employee whose job requires him/her to develop or present management positions on labor
relations and/or collective bargaining, or whose duties normally require access to confidential
information that contributes significantly to the development of such management positions.
Decertification
The withdrawal by the CIR of a union's designation as exclusive representative. It is usually
preceded by a desertification election that has been called because of the submission of a petition
expressing employee dissatisfaction with the union and requesting decertification.
Effects Bargaining
The negotiation over the impact of management decisions on employees.
Exclusive Representation
Once a union has won an election to provide employee representation, the employer is prohibited
from bargaining with any other representatives or individual for as long as the period of
certification.
Fair Share
A fee (usually called an agency fee) paid to the union by members of a bargaining unit who have
not joined that union. The fee pays for services and benefits that the union has negotiated for all
members of the bargaining unit. While Nebraska does not have an agency fees the language of
NEB. REV. STAT. § 48-838 (4) states as follows:
Any employee may choose his or her own representative in any grievance or legal
action regardless of whether or not an exclusive collective-bargaining agent has
been certified. If an employee who is not a member of the labor organization
chooses to have legal representation from the labor organization in any grievance
or legal action, such employee shall reimburse the labor organization for his or
her pro rata share of the actual legal fees and court costs incurred by the labor
organization in representing the employee in such grievance or legal action.
Fringe Benefits
Fringe benefits include (but are not limited to) such benefits as medical insurance, dental
insurance, vision, long-term disability, retirement, paid holidays, paid sick leave, paid vacations
and other benefit or payroll costs.
Governmental Service
All services performed under employment by the State of Nebraska or any political or
governmental subdivision thereof, including public corporations, municipalities, and public
utilities;
Grievance
A formal complaint usually lodged by an employee or the union alleging a misinterpretation or
improper application of one or more terms in a collective bargaining. The method for dealing
with grievances is through a grievance procedure negotiated in the collective bargaining
agreement and/or district policy.
Grievance Procedure
The steps established in a collective bargaining agreement for the handling of grievances made
by or on behalf of employees.
Hearing Commissioner
The one Commissioner of the Commission Panel who hears all matters presented to the
Commission Panel except for motions and trials of petitions filed under NEB. REV. STAT. §48818.
Intervener
A Party who voluntarily interposes in a proceeding before the Commission.
Impasse
A deadlock in negotiations. After bargaining in good faith, the parties have failed the reach an
agreement on one or more issues. Note: The parties DO NOT need to be at impasse to file a
case in front of the Commission. See Industrial Dispute.
Industrial Dispute
Any controversy between public employers and public employees concerning terms, tenure, or
conditions of employment; the association or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of employment; or refusal to
discuss terms or conditions of employment.
Industrial Relations Act
The Act which outlines Nebraska public sector labor laws and gives statutory authority to the
Commission of Industrial Relations. The Act begins at NEB. REV. STAT. § 48-801 through 48842.
Initiation Fee
A fee required by unions of new members or of employees who have left the union and wish to
return.
Labor Organization
Any organization of any kind or any agency or employee representation committee or plan, in
which public employees participate and which exists for the purpose, in whole or in part, of
dealing with public employers concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or conditions of work.
Labor Organizer
A person usually employed by a union (usually the regional or international union), whose
function it is to enlist the employees of a particular employer to join the union.
Mandatory Subjects of Bargaining
Mandatory collective bargaining subjects are those which relate to "wages, hours, and other
terms and conditions of employment, or any question arising thereunder." NEB. REV. STAT. § 48816(1). Additional mandatory subjects of bargaining are those which "vitally affect" the terms
and conditions of employment.
Management Prerogatives
Certain rights that management maintains as fundamental to the ability to manage and operate
the organization. They are not required, negotiable subjects of collective bargaining. These
rights are often expressly reserved to management in the management's rights clause of the
bargaining agreement. They include the right to hire, promote, suspend or discharge employees;
to direct the work of employees; and to establish operating policies. Additionally, the
Commission stated that some subjects are considered management prerogatives and may
generally be altered at the will of the employer. See Metropolitan Technical Community College
Education Ass’n v. Metropolitan Technical Community College Area, 203 Neb. 832, 281
N.W.2d 201 (1979) (holding in a school case that the following subjects are management
prerogatives (but not limited to): the right to hire; to maintain order and efficiency; to schedule
work; to control transfers and assignments; to determine what extracurricular activities may be
supported or sponsored; and to determine the curriculum, class size, and types of specialties to be
employed).
Managerial Employee
An employee who has significant responsibilities for formulating or administering policies and
programs.
Metropolitan Statistical Area
A statistical area as defined by the United States Office of Management and Budget.
Membership Card
A form voluntarily signed by an employee whereby the employee joins the labor organization
and agrees to abide by its constitution and bylaws and to pay its dues and fees.
Memorandum of Understanding/Labor Contract
The resulting agreement reached by the parties during the negotiations/bargaining process. Also
known as a collective bargaining agreement or contract.
Non-Certificated Staff
A school employee means a school district, educational service unit, or community college
employee who is not a certificated or instructional employee. Non-certificated staff is also
known as classified staff.
Mootness
A determination as to a benefit, stating that that benefit has no carryover into the next contract
year would constitute an advisory opinion outside the Commission’s jurisdiction. The
Commission has consistently held that where the school year has ended any ruling on the
benefits is advisory and therefore moot.
Permissive Subjects of Bargaining
In defining the various bargaining categories, the Commission states that permissive bargaining
subjects are legal subjects of bargaining, which do not fit within the definition of mandatory
subjects. See NLRB v. Borg-Warner Corp., Wooster Div., 356 U.S. 342 (1958). The
Commission went on to state that either party may raise a permissive subject during bargaining,
but the non-raising party is not required to bargain over permissive subjects. Finally, the
Commission commented that prohibited bargaining subjects are topics that the law forbids the
parties from agreeing upon.
Petitioner
The party filing a petition with the Commission.
Prevalent
A "[w]idely existing; generally practiced, occurring or accepted." Section 48-818 states that the
Commission shall establish conditions of employment which are comparable to the prevalent.
"[T]he Commission of Industrial Relations shall establish rates of pay and conditions of
employment which are comparable to the prevalent wage rates paid and conditions of
employment maintained for the same or similar work of workers exhibiting like or similar skills
under the same or similar working conditions."
Proposal
Suggested contract language given verbally or in writing by either side during negotiations
regarding a particular issue or subject.
Public Employee
Public employee includes any person employed by a public employer.
Public Employer
The State of Nebraska or any political or governmental subdivision of the State of Nebraska
except the Nebraska National Guard or state militia.
Respondent
The party against whom action or relief is prayed or who opposes the prayer of the petition.
Representation Election
A process where employees vote for a particular labor union to become their exclusive
representative or vote for “no representation.”
Representation Cases
A petition will be filed by a union, or occasionally a joint request by the employer and union,
requesting a certification election which would enable the union to act as the sole bargaining
representative of the employees. If they can show a 30% showing of interest among the
employees, the CIR will hold a hearing to determine the appropriate bargaining unit, and then
will conduct an election within that unit. Occasionally a decertification petition will be filed to
attempt to remove a currently certified or recognized representative.
RIF
RIFs stands for Reduction-in-force
Run-Off Election
A second representation election conducted when no choice (including "No Representation") wins a
majority of the valid votes cast in the first election. The run-off is between the two choices receiving
the most votes in the first election.
Scope of Bargaining
The scope of bargaining defines issues which are prohibited, permissive or mandatory subjects
of bargaining. The Commission of Industrial Relations states that the scope of representation is
limited to "wages, hours, and terms and conditions of employment."
Showing of Interest
The supports among employees in a proposed bargaining unit that the union must demonstrate in
justifying its claim for status as the bargaining representative before elections are held. The most
common evidence of support is an authorization card signed by thirty percent of the employees in the
proposed unit.
Strike
A work stoppage by a group of employees intended to express a grievance, enforce a demand for
higher wages or for other changes in conditions of employment, obtain recognition, or resolve a
dispute with management. Striking is prohibited under the Industrial Relations Act.
Supervisor
Any public employee having authority, in the interest of the public employer, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward, or discipline other public employees,
or responsibility to direct them, to adjust their grievances, or effectively to recommend such
action, if in connection with such action the exercise of such authority is not of a merely routine
or clerical nature but requires the use of independent judgment.
Unfair Labor Practice
An act or omission on the part of either the union or management which violates the regulations
set forth by the Industrial Relations Act, such as not bargaining in good faith or unilateral action.
Unfair Labor Practices are also known as Prohibited Practices.
Unilateral Action
An independent action of either management or the union, without notice or consultation.
UniServe Rep
An area representative of the Nebraska State Education Association used by local teacher
associations and NSEA affiliated classified employee associations to assist them with bargaining
and other contract-related concerns.
Weingarten Rights
Rights to representation developed because of the United States Supreme Court decision in National
Labor Relations Board v. J. Weingarten, Inc. An employee is entitled to have a representative present
at a meeting with management if the employee reasonably believes that corrective action may be
taken as a result of the meeting. This right does not extend to counseling sessions. The right to
representation only arises when the employee requests representation. According to a holding in
Metro Tech Community College Education Association v. Metro Teach Community College Area,
13 CIR 180 (1998), employees in Nebraska do not have Weingarten rights.