Glossary
Bargaining Terms
Bargaining Unit:
In workplaces that are already unionized, or when workers are seeking to form
a union, this term defines which types of workers and what job classifications are included or excluded by an existing or future union contract. Workers within a bargaining unit must possess certain elements of commonality, as defined by applicable labor law.**
When The Animation Guild members bargain a contract, the people who work under that contract are its bargaining unit.
Ground Rules:
A set of rules proposed and agreed to at the outset of negotiations that impose
restrictions on the behavior of the union and the employer during the bargaining process. Traditional ground rules often contain provisions that serve as barriers to big, open, or transparent bargaining by limiting who can attend negotiation sessions or limiting what information can be shared from negotiations. Under the National Labor Relations Act, ground rules are not a mandatory subject of bargaining; they are permissive, meaning a union may refuse to negotiate, agree to, or even discuss any ground rules without violating its duty to bargain in good faith. However, public sector or other applicable labor law may require that each side consider ground rules.**
Impasse:
A formal declaration or finding that negotiations have ceased to progress. An impasse declaration allows an employer to implement its most recent offer in negotiations.**
Local Union:
(Also local association/guild) An affiliate of a statewide, national, or international
union consisting of one or more bargaining units in a particular geographic area or under a particular employer. A local union has its own bylaws and elected officials.**
The Animation Guild is Local number 839 of the Union IATSE.
Mandatory Subject of Bargaining:
Mandatory subjects are those that directly impact – wages, hours or working conditions (or terms and conditions of employment). These are subjects over
which the parties must bargain if a proposal is made by either party. This does not mean that the parties have to reach agreement on such proposals, but rather that they have to engage in the process of bargaining in good faith over the subject. Mandatory subjects may be bargained to impasse. It is also legal to strike (or to lock-out) to obtain a mandatory subject of bargaining.*
Master Agreement:
A standardized contract agreed to by union employers in a given industry in
a particular city. A master agreement may be reached through negotiations between a union and an industry association acting on behalf of a group of employers, or achieved indirectly through the use of “Me Too agreements,” or through individual negotiations in which workers insist on reaching an established union standard.**
Mediation:
A process through which an impartial third party called a mediator helps the union
and the employer reach an agreement by making suggestions for resolution of contested issues. Mediation may be voluntary or may be required under state or federal law following an impasse.**
Me Too Agreement:
(Also a “pass-through agreement”) An agreement by an employer to accept
the terms of a contract negotiated by the union with another employer or an industry
representative. Me Too agreements can be used to establish or maintain a union standard in a given market.**
Negotiations Committee:
(Also bargaining committee/team; negotiations team) A group of workers who take leadership in negotiations, including developing contract proposals, sitting at the negotiations table across from management, responding to company proposals, and reaching tentative agreements.**
Permissive Subject of Bargaining:
Permissive, voluntary or non-mandatory subjects of bargaining are subjects not directly related to the work. That is, these subjects fall outside of wages, hours and working conditions and generally are matters that relate to the nature and direction of the business/industry or relate to the internal union affairs. The list can be infinitely
long. The parties may agree to bargain over these but are not required to by law and can refuse to discuss them without fear of an unfair labor practice charge. They also cannot be bargained to impasse. Furthermore, it would also be a violation to strike over a permissive subject.*​
Ratification Vote:
A process to formally approve or reject a new collective bargaining agreement through a vote by union members covered by the contract. Union bylaws or tradition
may impose particular requirements for successful ratification.**
Strike Authorization Vote:
A process for union members in a bargaining unit to vote to approve taking a strike action, often outlined in union bylaws. A strike authorization vote does not bind
the union to actually going on strike but gives approval to the negotiations committee or another leadership body within the union to call for a strike. The decision to hold a strike authorization vote is informed by past worker participation in labor actions and can itself serve as a structure test in building toward strike readiness.**
Tentative Agreement:
An agreement reached between the union and the employer for language in a particular contract article or articles that is provisionally signed off on by both sides before there is agreement over the contract as a whole.**
Tentative agreements are just that: tentative. The union’s membership must vote in approval of a tentative agreement (TA) in order to make it a finished contract.
Unfair Labor Practice (ULP):
An act that violates a prohibition under applicable labor law and may result in successful charges against the employer (or the union).**
This can be filed if an employer/union breaks agreed to ground rules or if an employer refuses to bargain over a mandatory subject of bargaining.
Credits:
*United Steel Workers, 2015 Conference materials
**Rules to Win By: Power & Participation in Union Negotiations, Jane F. McAlevey and Abby Lawlor
Terms from the TAG Contract
Pay Disparity:
A marked difference in the wages or overall earnings between workers in the same job classification on the basis of gender, race, or ethnicity. Can also refer to a difference in the wages or overall earnings between two job classifications that cannot reasonably be attributed to differences in job responsibilities or required skills.
Remote Work:
Work done outside of the office. In The Animation Guild, there are remote
workers who live in Los Angeles County (the area covered by the Master Agreement), and also remote workers who live outside of Los Angeles County. When workers live outside of Los Angeles County, employers have the option to offer union coverage, but sometimes refuse.
Residuals:
Money paid based on how much profit is made on a piece of media, how long
something is exhibited on broadcast or streaming, or even how successful a piece of media is (i.e. view count). Residuals can be paid into a fund, a trust, or an individual. The Animation Guild has adopted many of the same residuals that IATSE has, and those residuals fund our shared Health and Pension funds. Some residuals that IATSE has, The Animation Guild does not have.
Return-to-Office Mandate:
A unilateral policy change made by an employer that can deeply impact the safety and working conditions of any worker. Return-to-Office Mandates, and their impacts, are mandatory subjects of bargaining, meaning a union can file to bargain over their implementation and impacts as soon as a policy change happens and the employer must come to the table to bargain with the union when it files.
Sunset Clause:
A piece of a contract which lays out an expiration date for a specific clause or article in the contract. Renewing a sunset clause means the clause will continue on for the duration of the next contract. If a sunset clause is not renewed, it means the clause will stop existing in the agreement during the expiration of the contract.