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Arbitration
Where it is available, a method of settling a labor-management dispute
by having an impartial third party hold a formal hearing, take testimony
and render a decision. The decision is usually binding upon the
parties.
Award
The decision of an arbitrator in a dispute. The arbitrator's award
is based upon the evidence presented, the agreement and the arguments
of both parties. In labor arbitration, the arbitrator's reasons
are generally expressed in the form of a written opinion, which
accompanies the award.
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.
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.
Confidential clauses
The confidential information exemption can no longer be claimed
in relation to any contract unless the contract contains a confidentiality
clause.
Economic Compensation
Economic compensation provides workers, whose jobs have been terminated
through no fault of their own. Economic compensation is intended
to provide an unemployed worker time to find a new job equivalent
to the one lost without financial distress.
Impasse
A deadlock in negotiations. After bargaining in good faith, the
parties have failed the reach an agreement on one or more issues.
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.
Labor Contract
The resulting agreement reached by the parties during the negotiations/bargaining
process. Also known as a collective bargaining agreement or contract.
Non-compete agreement
A non-compete agreement is typically signed by a new employee as
a condition of employment. If the employee later leaves the company,
a well-written non-competition agreement prevents former employees
from competing with the company, recruiting other employees, or
misusing confidential information such as customer databases. Such
an agreement should always be used when hiring a key employee, as
defined by the parameters of the business. A non-compete agreement
is particularly useful for employees who have access to critical
information, either through job responsibility or through social
interactions with owners or high-level executives. Every business
should consider having its key employees or sales people sign this
contract as part of their employment agreement. If the employee
later leaves the company, this agreement will prevent them from
competing with the company.
Public Employee
A person who is employed by a municipal, county, state, or federal
agency or state college or university.
Supervisor
An individual (regardless of his/her job description or title) having
authority, in the interest of the employer, to hire, transfer, suspend,
lay off, recall, promote, discharge, assign, reward or discipline
other employees of the employer. A supervisory employee is also
one who has responsibility for directing employees, answering their
grievances, or recommending disciplinary action, if authority is
not merely clerical but requires independent judgment.
(未完待续)
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