Coast Federation of Classified Employees
AFT Local 4794
A Union of Professionals
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Coast Federation of Classified Employees |
 Contract Glossary |
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Arbitration — A legal process for resolving disputes in which the parties agree to resolve their dispute outside the courts by using an arbitrator or arbitration panel which functions as a neutral-third. The arbitrator or arbitration panel is selected based on the mutual agreement of the two parties, usually using a process of elimination from a pool of arbitrators. Bargaining Committee — The group of union members appointed by the Executive Council who negotiate the terms of the Collective Bargaining Agreement with the District. Binding Arbitration — Binding arbitration requires that the parties abide by the final decision of the arbitrator. If binding arbitration is not in place, the final decision of the arbitrator is understood as a recommendation, which can be accepted or rejected by the Board of Trustees. Collective Bargaining Agreement —The agreement between the District and the union concerning the mandatory subjects of negotiations, including any topics that directly affect wages, benefits, and working conditions. Confidential Employee — A District employee who has access to information that affects employees relations and contract negotiations. Confidential employees are excluded from the bargaining unit under the PERB certification of the Coast Federation of Classified Employees. Cost-of-Living Adjustment (COLA) — A salary increase that is tied to increases in the Consumer Price Index. In the State of California, the COLA is determined each year in the state budget process. The manner in which the District distributes COLA to classified employees is determined by the terms of the Collective Bargaining Agreement. Factfinding — An impasse resolution technique that submits the dispute to a neutral third party who investigates the "facts" pertinent to the dispute. After its investigation, the "factfinder" reports its findings to the parties and makes recommendations for settlement of impasse. The recommendations of the "factfinder" are not binding on the parties. Good Faith — The mutual obligation of both parties at the negotiating table to negotiate mandatory subjects of bargaining, which include all topics that directly affect wages, benefits, and working conditions. Impasse — The point in which one or both parties at the negotiating table declare that no further progress can made towards reaching a tentative agreement on the Collective Bargaining Agreement. The Public Employment Relations Board (PERB) administers impasse procedures. Management Rights — Rights that are intrinsic to District's ability to manage the day-to-day operations of the District. Management Rights are not subject to collective bargaining. Management rights include, but are not limited to, hiring, disciplinary action, supervision, and oversight. Management Rights may be spelled-out in the Collective Bargaining Agreement. Mediation — A process of resolving impasse in which a mediator acts as a neutral third-party by working with the parties individually in order to fashion an agreement the parties can accept. During mediation, the parties do not face one another at the negotiating table. Instead, the mediator shuttles ideas back and forth between the parties in order to fashion contract language agreeable to both parties. Memorandum of Understanding (MOU) — A legal documet describing the mutual agreement of parties. An MOU can amend, extend, or supplement the propositions found in the Collective Bargaining Agreement and shares the same binding power of a Collective Bargaining Agreement when properly executed. MOUs are also referred to as "side-letters." Me-too Clause — A provision in a Collective Bargaining Agreement which states that the union representing one bargaining unit will accept the terms negotiated by another bargaining unit within specified subjects. A typical "Me-to-clause" may include subjects such as health benefits, COLA, wages, or any subjects affecting working conditions. Negotiation — The process by which the union and District bargaining committees work to reach agreement on the mandatory subjects of bargaining. Both bargaining committees identify individuals from the respective bargaining committees who will serve as their chief negotiators. During the negotiation process, ground rules are identified, information on relevant subjects is exchanged, opinions are shared, and proposals/counter proposals are made. Ratification — Formal approval of a tentative agreement obtained by submitting it to members of bargaining unit for a vote. Reopener Clause — A provision in a Collective Bargaining Agreement that states the time, number of articles, and other relevant circumstances under which the Collective Bargaining Agreement can be reopened for negotiation before the contract expires. Tentative Agreement (TA) — The process by which parties at the negotiating table sign-off on smaller portions (e.g., articles) of the Collective Bargaining Agreement as the negotiation process proceeds. The effect of the TAs is often contingent on the parties reaching agreement on the entire Collective Bargaining Agreement. Union Rights — Rights that are intrinsic to Union's ability to manage the day-to-day operations of the bargaining unit. Some union rights are not subject to collective bargaining since they are a matter of Federal and State laws. Union rights include, but are not limited to, membership communication, grievance, organizing, and member representation. Union Rights may be spelled-out in the Collective Bargaining Agreement. Zipper Clause — A provision in the Collective Bargaining Agreement that stipulates that the written agreement, which has been executed by the two parties, represents the entire Collective Bargaining Agreement between the parties. Any provisions not contain contained in the Collective Bargaining Agreement, such as an MOU, are not binding unless specified in a written document signed by both parties.
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