CRI Home Career Resources, Inc. - Affirmative Action Consultants - Affirmative Action Plan Consultants
All 0-9 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
Word Description
360-degree feedback An appraisal process whereby an individual is rated on his or her performance by people who know something about the individual’s work. This can include direct reports, peers, managers, customers or clients; in fact, anybody who is credible to the individual and is familiar with his or her work can be included in the feedback process. The individual usually completes a self-assessment exercise on his or her performance, which is also used in the process.
38 U.S.C. 4212 The affirmative action and nondiscrimination provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended. In this Manual, sometimes shortened to "Section 4212." Prior to 1991, when it was redesignated, the law was referred to as "38 U.S.C. 2012.
Ability Aptitude or competence, the skill or proficiency needed to perform certain tasks.
Ability test An assessment instrument used to measure an individual’s abilities, mental or physical skills level (i.e. problem solving, manual dexterity, etc.).
Absenteeism Referred to as the habitual failure of employees to report for work when they are scheduled to work.
Absolute ratings A rating method where the rater assigns a specific value on a fixed scale to the behavior or performance of an individual instead of assigning ratings based on comparisons between other individuals.
Abstract reasoning The process of perceiving issues and reaching conclusions through the use of symbols or generalizations rather than concrete factual information.
Academic An educator who is a faculty member at a college or university. Also referred to as Academician.
Accessibility The extent to which a contractor's facility is readily approachable and usable by individuals with disabilities, particularly such areas as the personnel office, worksite and public areas.
Accessible format Materials that are designed in alternate formats such as Braille, audiotape, oral presentation or electronically for individuals with visual impairments.
Accountability The responsibility placed on an individual or group for their own or others’ actions, conduct, performance, projects, etc.
Accreditation A process of external quality review and certification by a recognized body that evaluates individuals, colleges, universities and educational programs to assure they are performing the functions that they claim to be performing in a competent manner.
Accretion When some employees are transferred to another employing entity whose employees are already represented by a union, the FLRA will often find that those employees have "accredit" to (i.e., become part of) the existing unit of the new employer, with the result that the transferred employees have a new exclusive representative along with a new employer.
Achievement test A standardized testing instrument used to measure how much an individual has learned or what skills he or she has attained as a result of education, training or past experience.
Acquired immune deficiency syndrome (AIDS) Caused by the human immunodeficiency virus (HIV) which kills or damages cells of the body's immune system by progressively destroying the body's ability to fight infections and certain cancers. People diagnosed with AIDS may get life-threatening diseases called opportunistic infections, which are caused by microbes such as viruses or bacteria that usually do not make healthy people sick.
Acquisition The process of acquiring control of another corporation by purchase or stock exchange.
Action learning A learner-driven, continuous learning process where learning revolves around the need to find solutions to real problems.
Actions during emergencies Management’s right "to take whatever actions may be necessary to carry out the agency mission during emergencies".
Active learning The process of learning new knowledge, skills and behaviors through taking specific actions or performing specific tasks.
Active listening A manner of listening that focuses exclusively on what the other person is saying and validates understanding of both the content of the message and the emotions underlying the message to ensure exact understanding.
Activities of daily living (ADL) The personal care activities which are essential to an individual’s everyday living, including eating, bathing, grooming, dressing, mobility and toileting.
Ad hoc arbitration A proceeding whereby the union and the employer jointly make their own arrangements for selecting arbitrators as well as designating rules, applicable laws, procedures and administrative support
Adjunct program A supplemental training tool that applies programming principles to existing instructional modules, materials, texts, manuals, etc., that are designed to direct the learner to specific areas within the module
Administrative Closure \r\n Charge closed for administrative reasons, which include: failure to locate charging party, charging party failed to respond to EEOC communications, charging party refused to accept full relief, closed due to the outcome of related litigation which establishes a precedent that makes further processing of the charge futile, charging party requests withdrawal of a charge without receiving benefits or having resolved the issue, no statutory jurisdiction.
Administrative law judge An official who presides at administrative trial proceedings to hear facts and issue decisions regarding unfair labor practice cases.
Adult learner Individuals who are beyond postsecondary education age, are employed on a full- or part-time basis and are enrolled in a formal or informal educational program.
Adverse action ny act by an employer that results in an individual or group of individuals being deprived of equal employment opportunities.
Adverse Impact A substantially different rate of selection in hiring, promotion, transfer, training, or other employment related decisions for any race, sex, or ethnic group. A finding of adverse impact by itself, does not establish a violation device in question based on job relatedness or business necessity.
Adverse selection An employer’s selection practices or policies that result in discriminatory or unfavorable treatment toward an individual or\r\n\r\nindividuals who are members of a protected group.
Advisory arbitration A form of arbitration often referred to as fact finding where the decision of the arbitrator is not binding.
Advisory committee A group or panel of internal or external members with no decision- making authority, assembled to identify and discuss specific issues and make recommendations.
Affected Class A group of persons, identifiable by name or characteristics, who are the victims of a pattern or practice of discrimination.
Affirmative Action Actions, policies, and procedures to which a contractor commits itself that are designed to achieve equal employment opportunity. The affirmative action obligation entails: (1) thorough, systematic efforts to prevent discrimination from occurring or to detect it and eliminate it as promptly as possible, and (2) recruitment and outreach measures. See Manual Section 2A02(b). - OFCCP Compliance Manual (Chapter 1)
Affirmative action (AA) Any program, policy or procedure that an employer implements in order to correct past discrimination and prevent current and future discrimination within the workplace.
Affirmative Action Clause The clauses set forth in 41 CFR 60-250.4 and 41 CFR 60-741.4 that must be included in Federal contracts and subcontracts. These two clauses outline the affirma-tive action requirements for special disabled veterans, Vietnam era veterans (41 CFR 60-250.4) and individuals with handicaps (41 CFR 60-741.4). The clauses are a part of covered contracts regardless of whether they are physically incorporated into the contract and whether the contract is written. See also definition of "Equal Opportunity Clause."
Affirmative action clauses The clauses set forth in 41 C.F.R. §§ 60-250.4 and 60-741.4 that must be included in federal contracts and subcontracts of $10,000 and over. These two clauses outline the affirmative action requirements for special disabled veterans, Vietnam-era veterans (41 C.F.R. § 60-250.4) and individuals with disabilities (41 C.F.R. § 60-741.4). These clauses are a part of covered contracts regardless of whether they are physically incorporated into the contract and whether the contract is written.
Affirmative Action plan (AAP) A written set of specific, results-oriented procedures to be followed by all federal contractors holding contracts of $50,000 or more and employing 50 or more people and intended to remedy the effects of past discrimination against or underutilization of women and minorities. The effectiveness of the plan is measured by the results it actually achieves rather than by the results intended and by the good faith efforts undertaken by the contractor to increase the pool of qualified women and minorities in all parts of the organization.
Affirmative Action Program (AAP) A written program, meeting the requirements of 41 CFR Part 60-2, 60-250.5 or 60-741.5, in which a contractor annually details the steps it will take and has already taken, to ensure equal employment opportunity.
After-acquired evidence Used in litigation of employment discrimination disputes, after-acquired evidence is evidence that the employer discovers after it has already discharged an employee which proves that even if the discharge in question is found to be illegal, the employer would have dismissed the employee anyway in light of discovering the misconduct.
Age Discrimination in Employment Act (ADEA) of 1967 The ADEA protects workers age 40 and over by prohibiting discrimination against workers 40 and over in any employment or employment-related decision. The Act applies to most employers with 20 or more employees. One of the main provisions of the Act is that employers, with very few exceptions, can no longer force an employee to retire.
Agency head review A statutory requirement that negotiated agreements be reviewed for legal sufficiency by the head of the agency (or his/her designee).
Agency shop Contract clause that requires unit employees to pay dues and initiation fees to the union as a condition of employment, but not attaining full membership in the union.
Agreement negotiated A collective bargaining agreement between the employer and the exclusive representative.
Alter ego employer An employer who changes the name and outward appearance of a business but is in fact the same employer.
Alternation ranking A rating method used in job evaluation and performance evaluation whereby the rater is asked to select the best and worst employees from a listing of all employees and then rank them accordingly.
Alternative assessment Nontraditional procedures and techniques used within the framework of instructional programs to evaluate a student’s educational achievement.
Alternative dispute resolution (ADR) A voluntary procedure used to resolve disputes or conflicts between individuals, groups or labor-management. This procedure utilizes the services of a neutral third party to facilitate discussion and assist the parties in reaching an agreement which is binding.
Alternative worksite Any location other than the employer’s physical worksite where employees are allowed to perform their jobs.
Amendment of certification petition That portion of the FLRA’s multipurpose petition not involving a question concerning representation that may be filed at any time in which the petitioner asks the FLRA to amend the certification or recognition.
American Arbitration Association (AAA) A private enterprise that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution.
American Federation of Labor Congress of Industrial Organizations (AFL-CIO) A voluntary federation of 55 national and international labor unions. The AFL-CIO was created in 1955 by the merger of the American Federation of Labor and the Congress of Industrial Organizations. Since its founding, the AFL-CIO and its affiliate unions have been the single most effective force in America for enabling working people to build better lives and futures for our families.
American Indian - Alaska Native A person having origins in any of the original peoples of North and South America (including Central America), and who maintain tribal affiliation or community attachment.
Americans with Disabilities Act () of 1990 The is a federal anti-discrimination law which prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. This law (covering employers with 15 or more employees) is designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. When an individual's disability creates a barrier to employment opportunities, the requires employers to consider whether a reasonable accommodation could remove the barrier.
Analysis of variance A statistical method used to determine whether a relationship exists among two or more variables by formulating concurrent comparisons of the variables.
Analytical thinking The ability to analyze facts, generate a comparison and draw correct inferences or conclusions from available information.
Anecdotal Information that is based on observations or indications of individual actions instead of any organized process.
Annual goal An annual target for the placement of underutilized groups of protected class members in job groups where underutilization exists.
Annual improvement factor A yearly adjustment rate used in collective bargaining agreements whereby wage increases are granted to workers’ based on their share of increased productivity gains.
Anti-nepotism policy An employer’s policy that restricts the employment of two or more family members at the same time.
Apparent authority The appearance that an individual has the authority or power to act as an organization’s agent, even though the organization has bestowed no such authority or power to that individual.
Applicant A person who seeks work at a certain employers' facilities who meets certain prescribed standards, as defined by the employer.
Applicant files Application forms/resumes and other relevant items maintained by an employer and used during the selection process.
Applicant flow data Records of hiring, promotion and other related employment actions used for the purpose of monitoring selection and employment practices.
Applicant Flow Log A chronological compilation of applicants for employ-ment or promotion, showing the persons categorized by race, sex and ethnic group, who applied for each job title (or group of job titles requiring similar qualifications) during a specific period.
Applicant pool The sum total of all individuals who have applied for a position either by submitting a resume or application for employment which the employer uses to select candidates for employment.
Applicant tracking Any paper or computerized system that tracks the organization’s data such as resumes/applications and internal job posting information.
Application service provider (ASP) A third-party organization that delivers software applications and related services over the Internet allowing an organization to outsource some or all of its information technology needs.
Apprenticeship A system used to train a person in a recognized trade or craft in accordance with specific standards. The apprenticed individual obtains his or her skills by performing the related duties for a specified period of time under the tutelage of an experienced craft or tradesman.
Apprenticeship training A system used to train a person in a recognized trade or craft in accordance with specific standards. The apprenticed individual obtains his or her skills by performing the related duties for a specified period of time under the tutelage of an experienced craft or tradesman.
Appropriate arrangement A group of employees which a labor union seeks to represent.
Aptitude testing A standardized testing instrument used during the selection process that is intended to measure and predict an individual’s abilities.
Arbitrability A term used to describe the potential of a dispute to be appropriate for or subject to settlement by arbitration.
Arbitration An alternative dispute resolution method that uses a neutral third party (i.e. arbitrator) to resolve individual, group or labor-management conflicts and issue a binding decision.
Arbitration Dispute Use of a neutral party, often obtained through lists maintained by the American Arbitration Association (AAA) or Federal Mediation and Conciliation Service (FMCS), to decide disputes between a union and employer occurring under a collective bargaining agreement. Such decisions are made in accordance with the collective bargaining agreement. Negotiations over the definition of grievances and the procedure to be used in dealing with grievances including a proposal to have all such disputes ultimately decided by arbitration are mandatory subjects for bargaining.
Arbitration Interest Use of a neutral party to settle disputes between a union or employer about what the terms of a collective bargaining agreement should be. Employers covered by the NLRA are not required to agree to interest arbitration and may, in fact, refuse to discuss the issue, as it is a permissive subject for bargaining.
Architectural barriers The physical attributes or design of a building, structure or facility that prevent individuals with physical disabilities from accessing or freely using the building, structure or facility. The Architectural Barriers Act of 1968 requires any building constructed or leased in whole or in part with federal funds be made accessible to and usable by the physically disabled.
Area standards picketing A form of picketing with the purpose of encouraging an employer to observe the standards in a particular industry or locality.
Areawide bargaining A type of multiemployer bargaining whereby the bargaining process takes place between union and employer representatives on a local level.
Asian A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
Assessment center A testing location where a candidate being considered for assignment or promotion to managerial or executive-level position is rated by a team of experienced evaluators over a series of days using standardized activities, games and other simulations to predict the candidate’s future job performance.
Assign employees A management right relating to the assignment of employees to positions, shifts, and locations.
Assign work A management right relating to the assignment of work to employees or positions.
Association agreements A collective bargaining agreement governing a group of employers who ban together for shared support when bargaining with labor organizations.
Attendance policy An employer’s written standards regarding the requirement for employees to be on time and present at work during regularly scheduled work periods.
Attitude survey A tool used to solicit and assess employee opinions, feelings, perceptions and expectations regarding a variety of managerial and organizational issues.
Attorney A professional individual who is authorized to practice law and can be legally appointed by either a plaintiff or a defendant to provide legal advice or act as a legal agent on their behalf during legal proceedings.
Attrition A term used to describe voluntary and involuntary terminations, deaths and employee retirements that result in a reduction to the employer's physical workforce.
Authorization card A card signed by an employee to authorize the union to act as his/her bargaining representative. It is necessary for establishment of a sufficient showing of interest to request an election from the NLRB.
Automatic renewal clause A collective bargaining agreements provision in the Federal sector stating that if neither party gives notice during the agreement's 105-60 day open period of its intent to reopen and renegotiate the agreement, the agreement will automatically renew itself for a period of a specified number of years.
Automation A term used to describe the use of control systems such as computers machinery and processes, often replacing human operators. Where mechanization provided human operators with machinery to assist them with physical work requirements, automation reduces the need for human sensory and mental requirements.
Auxiliary aids Defined by the Americans with Disabilities Act (ADA) as including "a wide range of services and devices (necessary) for ensuring that equally effective communication" takes place with regard to persons with hearing, speech and vision disabilities. Such aids include, but are not restricted to, providing interpreters, assistive listening devices, materials in Braille, closed caption, telecommunication devices for the hearing impaired, etc.
Availability Analysis An estimate of the number of qualified minorities and women available for employment in a particular job group. The availability analysis takes into account an external availability factor and an internal availability factor.
Award The final decision imparted by an arbitrator that is binding to the parties involved in the dispute.
Baby boomers The term used to describe those individuals born between 1945 and 1970.
Baby busters The term used to describe those individuals born between 1961 and 1972.
Back Pay Compensation for past wage and benefit losses caused by a contractor's discriminatory employment practices or procedures. Lost wages include, e.g., overtime, incentive pay, raises, bonuses economic loss includes compensatory damages. See also "fringe benefits."
Back-loaded A term used to describe a labor contract that provides for higher wage increases during the later part of a multiyear agreement.
Back-to-work movement A term used to describe workers who return to their jobs prior to the union having declared an end to the strike.
Background check/investigation Background Investigations and Reference Checks are the principal means by which employers actively check into the backgrounds of potential hires. Background investigations and reference checks fall within the HR Discipline of Staffing Management. Each can involve both verifying information provided by applicants, and ascertaining pertinent information not provided by applicants themselves. A background investigation generally involves screening out persons who are not qualified due to criminal convictions, poor driving records, poor credit history, or misrepresentations on résumés or application forms about education or prior work history. Reference checks generally involve contacting applicants’ former employers, supervisors, co-workers, educators, and athletic coaches for information about the knowledge, skills, abilities (KSA’s), and character of applicants.
Balanced scorecard A popular strategic management concept developed in the early 1990s by Drs. Robert Kaplan and David Norton. The balanced scorecard is a management and measurement system that enables organizations to clarify their vision and strategy and translate them into action. The goal of the balanced scorecard is to tie business performance to organizational strategy by measuring results in four areas: financial performance, customer knowledge, internal business processes, and learning and growth.
Baldridge National Quality Award The Baldrige Award is given by the President of the United States to businesses—manufacturing and service, small and large—and to education and health care organizations that apply and are judged to be outstanding in seven areas: leadership; strategic planning; customer and market focus; measurement, analysis and knowledge management; human resource focus; process management; and results.
Bankruptcy A federal law consisting of different chapters (i.e. chapter 7, chapter 11 or chapter 13) that allows individuals and businesses that are experiencing extreme financial duress and are unable to meet their financial obligations to eliminate or restructure their debts
Bar rules Procedural barriers, established by law to promote labor stability by providing continuity for the bargaining agent and bargaining unit.
Bargaining The formal or informal process of offer and counteroffer whereby parties to the bargaining process try to reach agreement on the terms of exchange.
Bargaining agent An individual or union who has been certified through a secret ballot election process to serve as the sole representative of all employees in a particular bargaining unit or group.
Bargaining order Extreme remedy in the case of an unfair labor practice case against an employee, which compels the employer to recognize and bargain with a union without an election or in the case where a union has lost an election.
Bargaining Rights The legally recognized right of a labor union to represent employees in negotiations with employers.
Bargaining Unit A group of individuals who are recognized by both the employer and an organized labor union to negotiate matters involving employment issues.
Barrier analysis The process of reviewing an organization’s policies and procedures to identify and eliminate impediments in recruitment, selection, transfer, or promotion of protected class individuals throughout the organization.
Behavior modification A conscious attempt to change or eliminate an individual’s undesirable behavior by specifying expected behavior and reinforcing and rewarding desired behavior.
Behavioral risk management The process of analyzing and identifying workplace behavioral issues and implementing programs, policies or services most suitable for correcting or eliminating various employee behavioral problems.
Behavioral-based interview An interview technique that focuses on a candidate’s past experiences, behaviors, knowledge, skills and abilities by asking the candidate to provide specific examples of when he or she has demonstrated certain behaviors or skills as a means of predicting future behavior and performance.
Behaviorally anchored rating scale (BARS) An appraisal that requires raters to list important dimensions of a particular job and collect information regarding the critical behaviors that distinguish between successful and unsuccessful performance. These critical behaviors are then categorized and appointed a numerical value used as the basis for rating performance.
Bell-shaped curve The curve representing the normal distribution of a rating or test score.
Benchmarking The systematic process of comparing an organization’s products, services and practices against those of competitor organizations or other industry leaders to determine what it is they do that allows them to achieve high levels of performance.
Benchmarks The standards used as a basis for comparison or measurement.
Bereavement leave An employer policy that provides a specific number of paid days off following the death of an employee’s spouse, parent, child, grandparent or in-law so that the employee may attend funeral proceedings, etc.
Best practices Defined in a variety of ways, but typically refers to the practices of an organization that enables them to achieve superior organizational performance results.
Bidding The practice of posting all job openings internally so that current employees may be allowed the opportunity to apply for vacant positions prior to the employer seeking qualified candidates through other external recruitment measures.
Bill of Rights The stipulation under the Landrum-Griffin Act that provides union members with the explicit right to meet with other union members to discuss or express views on union business as well as safeguarding their rights to a fair trial and representation in matters regarding company disciplinary proceedings.
Binding arbitration The law requires that collective bargaining agreements contain a negotiated grievance procedure that terminates in binding arbitration of unresolved grievances.
Bisexual An individual physically, romantically, emotionally and/or spiritually attracted to men and women. Bisexuals need not have had equal sexual experience with both men and women, nor any sexual experience at all, to identify as bisexual.
Black A person having origins in any of the Black racial groups of Africa. \r\n
Blacklist Refers to a list consisting of the names of employees who are considered problematic which is circulated among other employers. Employees whose names appear on such a list are often denied employment or fired from existing jobs. Blacklisting has been long ago deemed an unfair labor practice under the NLRA.
Blended workforce A workforce is comprised of permanent full-time, part-time, temporary employees and independent contractors.
Blind ad A job advertisement placed in a newspaper, trade journal/publication, magazine or Internet job board that contains no identifying information about the employer placing the ad.
Blocking An National Labor Relations Board decision not to continue with an election in a bargaining unit when there are unresolved unfair labor practice charges.
Blood-Borne Pathogens Standard \r\n \r\n\r\nAn OSHA standard that sets forth requirements for employers with workers exposed to blood or other potentially infectious materials. In order to reduce or eliminate the hazards of occupational exposure, an employer must implement an exposure control plan for the worksite with details on employee protection measures. The plan must also describe how an employer will use a combination of engineering and work practice controls, ensure the use of personal protective clothing and equipment, provide training, medical surveillance, hepatitis B vaccinations, and signs and labels, among other provisions. Engineering controls are the primary means of eliminating or minimizing employee exposure and include the use of safer medical devices, such as needleless devices, shielded needle devices and plastic capillary tubes.
Blue collar workers Hourly paid workers employed in occupations that require physical or manual labor.
Blue flu The practice of a large group of uniformed law enforcement employees calling in sick on the same day(s) as an attempt to gain certain concessions from their employer without reverting to a formal labor strike.
Blue-collar worker Hourly paid workers employed in occupations that require physical or manual labor.
Bona fide occupational qualification (BFOQ) A very narrowly interpreted exception to EEO laws that allows employers to base employment decisions for a particular job on such factors as sex, religion or national origin, if they are able to demonstrate that such factors are an essential qualification for performing a particular job.
Bona-Fide Occupational Qualification (BFOQ) A defense allowing an employer to limit a particular job to members of one sex, religion, or national origin group. The courts have held that the statutory BFOQ provision in Title VII is a very narrow exception to the general prohibition against discrimination on the basis of those characteristics. In enforcing the Executive Order, OFCCP follows Title VII principles regarding the BFOQ exception. An employer claiming that sex is a BFOQ for a job must show that all or substantially all members of the excluded sex are incapable of performing the duties of the job and that failure to allow the exclusion would undermine the "essence" (i.e., the central purpose or mission) of the employer's business. Race cannot ever be a BFOQ for any job.
Bonus plan An incentive pay plan which awards employees compensation, in addition to their base salary, for achieving individual or group performance and productivity goals.
Boulwareism Named after the former Vice President of General Electric, Boulwareism is a term used to describe a bargaining strategy whereby an employer attempts to persuade employees that an offer or counter-offer is in their best interest and is not meant to be negotiated.
Boundaryless organization Defined as an organization that removes roadblocks to maximize the flow of information throughout the organization.
Boycott Used by employees and their union to gain certain concessions from an employer, a boycott is an organized refusal by employees and their labor union to deal with the employer.
Branding The process of identifying and differentiating an organization’s products, processes or services from another organization by giving it a name, phrase or other mark.
Breach of contract Occurring when an individual who is a party to a contract or agreement does not uphold or violates the terms of the contract.
Break-even analysis A measure used to determine the approximate sales volume required to cover the costs associated with producing a particular product or service.
Broadbanding A pay structure that consolidates a large number of narrower pay grades into fewer broad bands with wider salary ranges.
Buddy system A form of employee orientation whereby a newly hired employee is assigned to another employee (typically within the same department) who shows the new employee the ropes, introduces him or her to coworkers, gives personal assistance and answers questions on an as-needed basis.
Budget A numerical summary of an organization’s available resources and how those resources are to be allocated based on anticipated future expenditures for various items, such as equipment, training and development programs, benefits, implementing new processes or services, etc.
Bumping The practice of allowing more senior level employees whose positions have been slotted for elimination or downsizing the option of accepting an alternative position within the organization, for which they may be qualified to perform and which is currently occupied by another employee with less seniority.
Burden of proof The burden placed on an employer, as a result of a claim of discriminatory treatment, to provide a verifiable, legitimate and nondiscriminatory reason for any employment action taken which may have resulted in adverse treatment of a member(s) of a protected group.
Bureau of Labor Statistics (BLS) The principal fact-finding agency for the federal government in the broad field of labor economics and statistics. The BLS is an independent national statistical agency that collects, processes, analyzes and disseminates essential statistical data to the American public, the U.S. Congress, other federal agencies, state and local governments, business and labor. BLS also serves as a statistical resource to the Department of Labor.
Burnout Physical or emotional exhaustion, lack of motivation or decreased morale resulting from an individual being exposed to excessive or prolonged stress and frustration caused by personal problems, work pressures, financial difficulties, etc.
Bus code A “bargaining unit status” code which is part of the six-digit\r\n\r\nnumber known to labor relations specialists as the LAIRS or OLMR number.
Business Agent An officer of a local union whose job is to handle grievances, enforce contracts and perform other union related tasks.
Business continuity planning Broadly defined as a management process that seeks to identify potential threats and impacts to the organization and provide a strategic and operational framework for ensuring the organization is able to withstand any disruption, interruption or loss to normal business functions or operation.
Business literacy The knowledge and understanding of the financial, accounting, marketing and operational functions of an organization.
Business Necessity An defense available when the employer has a criterion for selection that is facially neutral but which excludes members of one sex, race, national origin or religious group at a substantially higher rate than members of other groups (thus creating adverse impact). The employer must prove that its requirement having the adverse impact is job-related and consistent with business necessity. See Manual Section 7E08.
Business plan A document that provides relevant information about a company by outlining items such as the company’s business description, market or industry, management, competitors, future prospects and growth potential, etc.
Bypass Dealing directly with employees rather than with the exclusive representative regarding negotiable conditions of employment of bargaining unit employees.
C-Suite A term used to describe members of the executive team, i.e. CEO, CFO, CIO, COO, etc.
Cafeteria plan A benefit plan which allows employees to choose between one or more qualified tax-favored benefits and cash.
Call center The area in an organization responsible for screening, forwarding and logging large volumes of customer-related calls at the same time through the use of technology and other resources.
Call-back pay Describes the payment of higher than normal pay for those employees who are called back into work after the end of their scheduled work day or shift.
Call-in pay Describes the compensation that is guaranteed to an employee who reports to work and finds there is not enough work for him or her to perform resulting in their being sent home.
Canvass The process of talking to individual members of a bargaining unit to convey information, gather information on a survey, or plan for joint action.
Canvass coordinator A term used to refer to the person at the "top" of a member-to-member action network.
Captive audience meeting A union term for meetings of workers called by management and held on company time and premises.
Card check A procedure whereby signed employee authorization cards are checked against an acceptable list of employees in a prospective bargaining unit to determine if the organization has majority status.
Career center An office set up within an organization to be used for the purpose of providing outplacement counseling and job placement services to displaced workers.
Career counseling Guiding individuals through the career planning and career decision-making process by helping them to make informed decisions regarding educational and occupational choices, as well as providing resources needed to further developing job search and placement skills.
Career development The process by which individuals establish their current and future career objectives and assess their existing skills, knowledge or experience levels and implement an appropriate course of action to attain their desired career objectives.
Career ladder The progression of jobs in an organization’s specific occupational fields ranked from highest to lowest based on level of responsibility and pay.
Career mobility The propensity to make several career changes during an individual’s lifetime instead of committing to a long-term career within a specific occupational field.
Career path The progression of jobs in an organization’s specific occupational fields ranked from lowest to highest in the hierarchal structure.
Career planning The process of establishing career objectives and determining appropriate educational and developmental programs to further develop the skills required to achieve short- or long-term career objectives.
Career plateau Occurs when an employee has reached the highest position level he or she can possibly obtain within an organization and has no future prospect of being promoted due to a lack of skills, corporate restructuring or other factors.
Carve out An attempt under the Federal Service Labor-Management Relations Statute because it fosters unit fragmentation, to carve out or sever a subgroup of employees in an existing bargaining unit in order to establish a separate, more homogenous unit with a different union as exclusive representative
Case study A case study uses real scenarios that focus on a specific issue(s). It looks deeply at a specific issue, drawing conclusions only about that issue and only in that specific context.
Casual dress Refers to attire such as jeans, casual slacks, t-shirts, sport and polo shirts and other apparel used for leisure.
Casual employment The practice of hiring employees on an as-needed basis, either as a replacement for permanent full-time employees who are out on short- and long-term absences or to meet employer’s additional staffing needs during peak business periods.
Caucus A labor relations term used to define periodic suspensions of negotiations in order to provide both sides with an opportunity to consider their relevant positions.
Cease and desist order An order to stop an action, to not repeat the action, and to take action to undo the wrong.
Centralization The process of consolidating all decision-making authority under one central group or location.
Certification Procedure under the NLRA where an election is held to determine whether or not employees in a given unit wish to be represented for the purposes of collective bargaining by a union.
Certification bar A one-year period after a union is certified as the exclusive representative for a unit during which petitions by rival unions or employees seeking to replace or remove the incumbent union will be considered untimely.
Certified union A union designated by federal or state labor relations boards as the exclusive bargaining agent of a group of employees.
Challenged ballots Ballots that are challenged by election observers on the ground that the person casting the ballot isn't eligible to vote.
Change agent A term used to define an individual or group of individuals who directly or indirectly cause or accelerate social, cultural, or behavioral change.
Change management The systematic approach and application of knowledge, tools and resources to deal with change. Change management means defining and adopting corporate strategies, structures, procedures and technologies to deal with changes in external conditions and the business environment.
Charge determination A letter issued by the Equal Employment Opportunity Commission (EEOC) to both parties involved in an employment discrimination claim, stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge, through an informal process known as conciliation.
Checkoff The process of deducting all union dues and initiation fees, from an employees paycheck which the employer then submits to the union.
Chief steward A union official who assists and guides shop stewards.
Child-labor law Provisions under FLSA are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety. FLSA restricts the hours that youth under 16 years of age can work and lists hazardous occupations too dangerous for young workers to perform.
Civil rights The rights guaranteed by the U.S. Constitution and federal and state statutes enacted to protect a wide range of individual rights, such as right to vote, freedom of speech, the right to assemble, the right to equal treatment, etc.
Civil Rights Act of 1964 A federal statute enacted to further guarantee the constitutional rights of individuals and prevent employment discrimination based on race, color, sex, religion, national origin or age.
Civil Rights Act of 1991 A federal statute that amended the Civil Rights Act of 1964 enacted to strengthen and improve federal civil rights laws by providing for damages in cases of intentional employment discrimination, clarifying provisions regarding disparate impact actions and for other purposes.
Civil Service A central bureau within a government unit that advises, formulates policy and regulates employment procedures.
Civil Service Reform Act of 1978 (CSRA) The Civil Service Reform Act of 1978 (CSRA) applies to labor organizations which represents employees in most agencies of the executive branch of the Federal Government. The regulations implementing the standards of conduct provisions of the CSRA incorporate many LMRDA provisions, including those related to labor organization reporting requirements.
Civil union Legal recognition of committed same-sex relationships in Connecticut, New Jersey, and Vermont.
Clarification of union petitions That portion of the FLRA’s multipurpose petition not involving a question concerning representation that may be filed at any time in which the petitioner asks the FLRA to determine the bargaining unit status of various employees.
Class action suit A lawsuit filed by one party on behalf of themselves and other people in a group who share the same complaint.
Classification act employees Federal employees--typically professional, administrative, technical, and clerical employees.
Clayton Act The act prohibits price discrimination, sales based on an exclusive dealing contract requirement that may have the effect of lessening competition and mergers where the effect of such an acquisition substantially lessens competition, or tends to create a monopoly in any area of commerce.
Climate survey A tool used to solicit and asses employee opinions, feelings, perceptions and expectations regarding a variety of factors pertinent to maintaining the organizations climate, such as opportunities for growth, management, working relationships and environment, etc..
Closed shop A type of collective bargaining agreement between an employer and the union,that requires non-union workers to join the union prior to being hired.
Coaching A training method in which a more experienced or skilled individual provides an employee with advice and guidance intended to help him or her develop skills, improve performance and enhance the quality of his or her career.
Coalition bargaining A practice in which either several employers or several unions form a committee to develop common bargaining objectives to be obtained during negotiations.
Code of ethical practice A code of union ethics that sets the standards of trade union integrity.
Cohort Analysis A comparison of the treatment of similarly situated individuals or groups. \r\n
Collective bargaining Formal name for negotiations process for a union contract. Under the NLRA, the parties to an agreement are required to bargain in good faith, but cannot be compelled to agree to make a concession or agree to a proposal they do not want to agree to.
Collective bargaining agreement A written document setting forth the terms and conditions of employment, grievance procedures, and any other matters resulting from collective bargaining.
Collective negotiations The method used to determine the terms and conditions of employment for public sector employees.
Collusion A scheme between the employer and the certified employee representative intended to defraud employees while giving the appearance of a legitimate bargaining relationship.
Committee on Political Education (COPE) Committees existing at both the state and local levels whereby only dues paying members in good standing may serve. These Committees at the local level are responsible for running information and mobilization campaigns on local district related issues, school board candidates, and screening and recommending endorsed state legislative candidates in their respective areas.
Common site picketing A form of picketing that prohibits employees of a struck employer who shares a common worksite with at least one other neutral employer from being able to picket at the entrance of the neutral employer(s) worksite.
Community of interest The factors to be considered when determining whether employees should be grouped together as a suitable bargaining unit
Company union Refers to a union which is located within and run by a company, and is not affiliated with an independent trade union.
Comparable worth A reform effort to pay different job titles the same based on their value to their employer regardless of the gender predominance of those working in such titles.
Comparative Evidence Nonstatistical evidence that compares the contractor's treatment of individuals of one group (e.g., race) with its treatment of similarly situated individuals of other groups. Also see "Statistical Evidence" and "Anecdotal Evidence."
Compelling need The only basis upon which regulations issued by an agency or a primary national subdivision of an agency may serve as a bar to negotiations with a union.
Complaint A written charge filed with OFCCP by an employee, former employee, applicant for employment or by a third party alleging specific violations of the Executive Order, Section 503 or 38 U.S.C. �4212. \r\n
Compliance Meeting the requirements and obligations imposed by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, 38 U.S.C. �4212, and their implementing regulations. \r\n
Concerted activity A term used to describe any kind of job action by an employee group or groups of employees intended to put pressure on the employer to reach a settlement quickly or address a particular employment issue.
Concession bargaining Typically refers to the practice whereby a union agrees to modify the terms of an existing contract in exchange for other benefits.
Conciliation Discussions between OFCCP and a contractor to resolve findings of noncompliance. \r\n
Conciliation agreement A binding written agreement between a contractor and OFCCP that details specific contractor commitments to resolve major or substantive violations of Executive Order 11246, the Rehabilitation Act or the Vietnam Era Veterans' Readjustment Assistance Act.
Conciliation Agreement (CA) A binding written agreement between a contractor and OFCCP that details specific contractor commitments to resolve the alleged violations set forth in the agree-ment. \r\n
Concurrent validity The means of determining a test’s or other assessment tool’s validity by comparing test scores against actual job performance.
Condition of employment An organization’s policies and work rules that employees are expected to abide by in order to remain continuously employed.
Conditions of employment Under title 5, United States Code, section 7103(a)(14), conditions of employment "means personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions, except that such term does not include policies, practices, and matters--(A) relating to political activities prohibited under subchapter III of chapter 73 of this title; (B) relating to the classification of any positions; or (C) to the extent such matters are specifically provided for by Federal statute."
Confidential employee An employee whose functional responsibilities or knowledge in connection with the issues involved in the collective bargaining process which makes their membership in a bargaining unit conflict with their official responsibilities.
Confidentiality agreement A contract restricting an employee from disclosing confidential or proprietary information.
Conflict of interest Refers to situations when an individual has other competing financial, professional or personal obligations or interests that interfere with his or her ability to adequately perform required duties in a fair and objective manner.
Consent election An election for union representation agreed to by management, employees, and the union.
Consideration A benefit or other item of value given to an individual who is asked to sign an employment contract or agreement (i.e., release agreement) that is above and beyond what the individual would have been entitled to, had he or she not been asked to sign a contract or agreement.
Consolidated Omnibus Reconciliation Act (COBRA) of 1985 Under the Consolidated Omnibus Budget Reconciliation Act of 1985, if an employee terminates employment with the company, the employee is entitled to continue participating in the company’s group health plan for a prescribed period of time, usually 18 months. (In certain circumstances, such as an employee’s divorce or death, the length of coverage period may be longer for qualified dependents). COBRA coverage is not extended to employees terminated for gross misconduct.
Conspiracy doctrine A doctrine developed under English common law, which states that certain acts that are legal when performed by a single individual become unlawful when performed by a group (i.e. an organization of wage earners formed for the purpose of serving the members' interests with respect to wages and working conditions).
Construct validity The extent to which a test or other assessment instrument measures a particular trait.
Constructive Discharge An employee's involuntary resignation resulting from the employer making working conditions for the employee so intolerable that a reasonable person would have felt compelled to resign. OFCCP will assert that an employee was constructively discharged in violation of the Executive Order, Section 503, or 38 U.S.C. �4212 where it finds that (1) a reasonable person in the employee's position would have found the working conditions intolerable; (2) the employer's conduct which constituted the violation against the employee created the intolerable working conditions; and (3) the employee's involuntary resignation resulted from the intolerable working conditions. \r\n
Consultant An individual who works independently to assist and advise client organizations with various organizational functions and responsibilities on a fee-for-service basis.
Consultation Consultation between qualifying unions and agencies concerning agency-wide regulations and qualifying unions and those agencies issuing government wide regulations.
Consumer Credit Protection Act of 1968 Prohibits employees from being terminated for garnishments for any one indebtedness. Although two or more do allow an employer to terminate, care should be exercised to prevent disparate impact if the employees being terminated are mostly women and minorities.
Consumer credit report \r\n \r\n\r\nThe Fair Credit Reporting Act (FCRA) defines a consumer report as any communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living, which is used, or expected to be used, or collected, in whole or in part, for the purpose of serving as a factor in establishing the consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes or employment purposes.
Consumer picketing Picketing of a retail establishment that is legal if directed toward getting consumers not to buy a particular product of a supplier or of a producer with whom a labor dispute exists.
Consumer Price Index (CPI) An index of prices used to measure the change in the cost of basic goods and services in comparison with a fixed base period. Also called cost-of-living index.
Content validity The degree to which a test or other assessment instrument used during the selection process measures the skills, knowledge and abilities or other related job qualifications.
Contingency planning The process of identifying an organization’s critical information systems and business operations and developing and implementing plans to enable those systems and operations to resume following a disaster or other emergency situation.
Contingent worker Refers to an individual employed in a job that does not have an explicit contract for long-term employment (i.e., independent contractor or temporary employee)
Continuing Violation The continuing violation theory has been analyzed as encompassing three separate sub-theories, each applicable to distinct fact situations: (1) a series of individual related discriminatory acts, at least one of which must have occurred within 2 years prior to the notice of a compliance review, or 180 days before the filing of a complaint of employment discrimination; (2) systemic discrimination where the employer has maintained a policy or practice which discriminates against a class of individuals; and, (3) present effects of past discrimination--where an individual or a class is suffering the residual effects of discriminatory conduct which occurred prior to the limitation period but was not the subject of a timely charge. (In recent years, OFCCP has not applied the present effects of past discrimination theory.) \r\n
Contract Any "Government Contract" or, for the Executive Order, any "Federally Assisted Construction Contract." \r\n
Contract administration Living under, interpreting, and applying the terms of\r\n\r\nthe collective bargaining agreement
Contract bar Procedural barriers, established by law to promote labor stability by providing continuity for the bargaining agent and bargaining unit
Contract Cancellation The termination of a Federal contract before its expiration date. Contract cancellation is one of the sanctions authorized, in appropriate cases, for violations of the Executive Order, Section 503, or 38 U.S.C. �4212. Compare "Debarment;" "Contract Suspension." \r\n
Contract Suspension The temporary interruption of a Federal contract by order of the appropriate authorities. Contract suspension is one of the sanctions authorized, in appropriate cases, for violation of the Executive Order, Section 503 or 38 U.S.C. �4212. Compare "Contract Cancellation;" "Debarment." \r\n
Contracting Agency For purposes of the Executive Order, Section 503 and 38 U.S.C. �4212, a contracting agency is any department, agency, establishment or instrumentality of the United States (under the Executive Order, limited to the executive branch of the Government), including any wholly owned Government corporation, which enters into contracts. See 41 CFR 60-1.3, 60-250.2, and 60-741.
Contracting out A right reserved to management that includes the right to determine what criteria management will use to determine whether or not to contract out agency work
Contractor A contractor as described below, is: (a) Prime contractor. Any person holding, and for enforcement purposes any person who has held, a contract subject to the Executive Order, Section 503 or 38 U.S.C. �4212. (b) Subcontractor. Any person holding, and for enforcement purposes any person who has held, a subcontract subject to the Executive Order, Section 503 or 38 U.S.C. �4212. See definition of "Subcontract." (c) First-tier subcontractor. A subcontractor holding a subcontract with a prime contractor. \r\n
Cooling-off period A required period of time where a strike or lock-out is prohibited by injunction from a federal court.
Coordinated bargaining A cooperative effort by several unions in dealing with an employer that has employees represented by each of the unions.
Core competencies The skills, knowledge and abilities which employees must possess in order to successfully perform job functions that are essential to business operations.
Core work activities The tasks or functions within an organization considered essential to the organization’s business operations.
Core workers Employees who are considered to be vital to the organization’s successful business operations.
Corporate campaign The use of strategic pressure on an employer's weaknesses to gain leverage during a contract campaign or union organizing campaign.
Corporate citizenship ‘Corporate Citizenship is the contribution a company makes to society through its core business activities, its social investment and philanthropy programs, and its engagement in public policy. The manner in which a company manages its economic, social and environmental relationships, and the way it engages with its stakeholders (such as shareholders, employees, customers, business partners, governments and communities), has an impact on the company's long-term success.’ ( World Economic Forum)\r\n\r\nThe term is also used interchangeably with other similar terms such as Corporate Governance and/or Corporate Social Responsibility.
Corporate culture The beliefs, values and practices adopted by an organization that directly influence employee conduct and behavior.
Corporate image The way in which an organization is viewed by clients, employees, vendors or the general public.
Corporate values The prescribed standards, behaviors, principles or concepts that an organization regards as highly important.
Corrective action Correction of deficiencies identified during a compliance review of an affirmative action plan.
Cost of labor The total payments in the form of gross salary and wages, bonuses, and other cash allowances paid to employees and salaries, allowances, fees, bonuses and commissions paid to working directors and fees paid to non-working directors for their attendance at the Board of Directors' meetings.
Cost of living The amount of money needed to buy the goods and services required to maintain a specific standard of living. The cost of living is closely tied to rates of inflation and deflation. In estimating such costs, food, clothing, rent, fuel, lighting, and furnishings as well as expenses for communication, education, recreation, transportation, and medical services are generally included. The Consumer Price Index (CPI), a measurement of the cost of living prepared by the U.S. Bureau of Labor Statistics, tracks changes in retail prices of an average “market basket.” Changes are compared to prices in a previously selected base year, from which figures the percentage increase or decrease in the cost of living can be calculated.
Cost of living adjustment (COLA) An annual adjustment in wages to offset a change in purchasing power, as measured by the Consumer Price Index. The Consumer Price Index is used rather than the Producer Price Index because the purpose is to offset inflation as experienced by the consumer, not the producer.
Cost-benefit analysis A means of measuring the costs associated with a specific program, project, activity or benefit compared with the total benefit or value derive
Cost-of-living adjustment (COLA) An annual adjustment in wages to offset a change in purchasing power, as measured by the Consumer Price Index. The Consumer Price Index is used rather than the Producer Price Index because the purpose is to offset inflation as experienced by the consumer, not the producer.
Cost-of-living index A cost-of-living index measures changes over time in the amount that consumers need to spend to reach a certain "utility level" or "standard of living." Both the consumer price index and a cost-of-living index reflect changes in the prices of goods and services, such as food and clothing, that are directly purchased in the marketplace; but a complete cost-of-living index goes beyond this to also take into account changes in other governmental or environmental factors that affect consumers' well-being.
Cost-per-hire The direct and indirect costs that are calculated to measure the costs associated with filling a vacancy. Direct costs include, but are not limited to, advertising, employment agency fees, job fairs, employee referrals, credit and reference checking costs, examination and testing costs during the selection process, signing bonuses, relocation costs, human resource overhead costs, college recruiting costs, Internet costs and training and communication costs. Indirect costs can include, but are also not limited to, lower productivity, costs of turnover, morale impacts, safety (if there is a higher number of accidents as a result of the vacancy), disruption of regular business functions, overtime (to compensate for the vacancy) and hiring to maintain production.
Counseling Actions or interactions in one or serial form which serve to provide direction, guidance or advice with respect to recommendations, decisions or courses of action
Counterproposal An offer made by either party during collective bargaining\r\n\r\nnegotiations that is in response to a proposal set forth by the other party.
Covered by doctrine A doctrine under which an agency does not have to engage in midterm bargaining on particular matters because those matters are already "covered by" the existing agreement.
Craft Refers to manual occupations that require extensive training and a high degree of skill.
Craft union Refers to an approach to union organizing that seeks to unify workers in a particular industry along the lines of the particular craft or trade that they work in.
Craft worker An individual employed in a profession or activity that uses experienced hands to make something. Apprenticeships are often required and post secondary vocational schools also offer such craft oriented training. Training time can be over a course of years and require certification examinations. Examples: electrician, plumber, tool; and die maker, machinist, HVAC specialist, journeyman carpenter, cabinet maker.
Crisis management A broad term that refers to an organizations pre-established activities and guidelines, for preparing and responding to significant catastrophic events or incidents (i.e., fire, earthquake, severe storms, workplace violence, kidnapping, bomb threats, acts of terrorism, etc.) in a safe and effective manner. A successful crisis management plan also incorporates other organizational programs such as , emergency response , disaster recovery, risk management, communications, business continuity, etc.
Crisis planning A formal written plan establishing specific measures or actions to be taken when responding to catastrophic events or tragedies (i.e., fire, earthquake, severe storms, workplace violence, kidnapping, bomb threats, acts of terrorism, etc.) in the workplace.
Crisis prevention The process of an organization implementing specific plans and procedures designed to circumvent certain disasters or emergencies.
Criteria Identification/Criteria Verification The process of obtaining the contractor's stated criteria for a selection decision(s) (usually through interviewing selecting officials and examining any relevant contractor documents), and then determining whether the stated criteria explain the actual selec-tion decisions (usually through reviewing applications/ files of persons selected and not selected). \r\n
Critical success factors The key items that must be met in order to successfully achieve a specific objective.
Critical tasks The job tasks or functions essential to the proper performance of a particular job.
Cross dressing To occasionally wear clothes traditionally associated with people of the other sex . Cross-dressers are usually comfortable with the sex they were assigned at birth and do not wish to change it.
Cross training The process of developing a multi skilled workforce by providing employees with training and development opportunities to ensure they have the skills necessary to perform various job functions within an organization.
Cross-functional teams Work teams comprised of individuals who represent the various organizational functions, departments or divisions.
Cultural differences The diverse behaviors, beliefs, customs, traditions, language and expressions that are characteristic to groups of people of a particular race, ethnicity or national origin.
Cultural integration The process of bringing people of different racial or ethnic backgrounds into equal association.
Curriculum vitae (c.v.) Used in the United States to describe, a longer, more detailed version of a resume. Internationally is synonymous with resume.
Cybersmear Using Web sites, listservs, chat rooms or bulletin boards to post insulting or defamatory statements regarding former employers.
Cyclical unemployment Occurs when the unemployment rate moves in the opposite direction as the Gross Domestic Product growth rate.
Daily work records A daily log of job tasks being performed by individual employees over a certain period of time. Used often as a form of job analysis.
Damages The amounts awarded by a court to be paid by one party to another as a result of violating a contract or agreement.
De minimis rule Described by IRS guidelines as any benefit, property or service provided to an employee that has so little value (taking into account how frequently similar benefits are provided to employees) that accounting for it would be unreasonable or administratively impracticable. Cash, no matter how little, is never excludable as a de minimis benefit, except for occasional meal money or transportation fare.
De-layering An organizational restructuring strategy meant to reduce the organization’s existing levels of managers or supervisors.
Deauthorization The termination of union representation over a specific bargaining unit following a decertification election.
Debarment An order declaring a contractor ineligible for the award of future contracts. Debarment is one of the sanctions that may be imposed upon a contractor who is found to be in violation of the Executive Order, Section 503, or 38 U.S.C. �4212. \r\n
Decentralization The process of assigning decision-making authority to lower levels within the organizational hierarchy.
Decertification Allows members of a particular bargaining unit to terminate their union representation through a voting process.
Decertification petition A petition filed by employees in an existing unit asking that an election be held to give unit employees an opportunity to end the existing union's exclusive recognition.
Deductive reasoning The ability to extract certain rules based on a sequence of experiences or observations and apply those rules to other similar situations.
Defamation Injury caused to an individual’s character or reputation resulting from another individual(s) issuing false or malicious statements either verbally or in writing.
Deferral A policy of the National Labor Relations Board (NLRB) not to process unfair labor practice charges if the charge can be filed as a grievance and taken up through an arbitration procedure.
Deferred compensation Payment for services under any employer-sponsored plan or arrangement that allows an employee (for tax-related purposes) to defer income to the future.
Deficiency Failure to fulfill a requirement of the Executive Order, Section 503 or 38 U.S.C. �4212, including implementing rules, regulations and orders. See "Violation." (The terms deficiency and violation often are used interchangeably.) \r\n
Defined benefit plan A retirement plan that is not an individual account plan and pays participants a fixed periodic benefit or a lump-sum amount, calculated using specific formulas that include such items as age, earnings and length of service.
Defined contribution plan An individual account plan in which the employer contributes a specific amount of money into each year that is to be distributed among the accounts of each plan participant.
Delegation The process of assigning tasks or projects to subordinates and clearly dictating expected outcomes and timeframe for completion.
Demand for Recognition Demand made by a union when the union has sufficient authorization cards to assert that they represent a majority of employees in an appropriate bargaining unit. The demand is often made in writing but may be made orally. Often the demand is made even though the union does not have sufficient cards for majority representation. Extreme caution must be taken in responding to such demand.
Demand-deficiency unemployment Refers to unemployment resulting from fluctuations in the total spending of the economy.
Demographics The physical characteristics of a population, such as age, sex, marital status, family size, education, geographic location and occupation.
Demotion A permanent reassignment to a position with a lower pay grade, skill requirement or level of responsibility than the employee’s current position.
Department of Labor (DOL) The federal agency responsible for administering and enforcing a large quantity of federal labor laws, including, but not limited to, overtime pay, child labor, wages and hours, workplace health and safety, FMLA, and various other employee rights.
Departmentation The process of dividing an organization’s labor, functions, processes or units into separate groups.
Dependent care assistance plan An employer benefit plan that provides employees with dependent care assistance, such as paying for or providing qualified child and dependent care services necessary for them to seek or obtain gainful employment or remain gainfully employed.
Deposition The process of one party, accompanied by his or her legal counsel, answering questions under oath about pertinent facts regarding a case put forth by another party’s legal counsel; conducted outside of a courtroom.
Depression A period when the economy is at a low productive level and unemployment is extremely high.
Descriptive scale Any rating scale that uses adjectives or phrases to determine performance ratings.
Desk audit A review of a contractor's documents and materials to determine compliance with affirmative action practices and equal employment obligations as they relate to workforce structure, personnel policies and procedures, good-faith efforts and areas of potential discrimination. The Standard Compliance Review Report (SCRR) provides instructions for conducting a desk audit, which takes its name from the fact that this review and analysis is done at the desk of the compliance officer assigned to conduct the audit.
Development program Training or educational programs designed to stimulate an individual’s professional growth by increasing his or her skills, knowledge or abilities.
Developmental counseling A form of shared counseling where managers or supervisors work together with subordinates to identify strengths and weaknesses, resolve performance-related problems and determine and create an appropriate action plan.
Developmental disabilities Defined as a severe, chronic disability of an individual that: is attributable to mental or physical impairment or combination of mental and physical impairments; is manifested before the individual attains the age of 22; is likely to continue indefinitely; results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive living, and economic self-sufficiency; and reflects the individual's need for a combination and sequence of special, interdisciplinary or generic services, individualized support or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
Dimensions of diversity Include but are not limited to: age; gender; ethnicity; race; sexual orientation; physical abilities/qualities; geographic location; income; religious beliefs; parental status; marital status; military experience; work experience; family status; socio-economic status; educational background; class; organizational background; group identity; language; organizational level; thinking styles; communication styles; relationships and group affiliations; and job classification, job function.
Diploma mill A term used to refer to an unaccredited higher education institution that grant degrees without making certain that students are properly qualified.
Direct compensation All compensation (base salary and/or incentive pay) that is paid directly to an employee.
Direct costs The costs directly attributed to a particular products, programs or activities.
Direct dealing Occurs when an employer and represented employee discuss and take action, without the union’s knowledge or presence, in matters that fall within the scope of mandatory subjects of bargaining.
Direct Evidence of Discrimination A method of proof in which evidence on its face establishes a discriminatory reason for an employment decision, without inference or presumption. Direct evidence is evidence that on its face shows an intent to discriminate. It may be based upon testimony or any reliable documentation such as a copy of a help wanted ad that specifies "males only." \r\n
Direct labor The workers who actually produce a product or provide a service.
Disability Defined as a physical or mental impairment that substantially limits one or more of an individual’s major life activities (i.e., walking, talking, standing, sitting, etc.)
Disability management The process of coordinating efforts between employees, management, physicians, rehabilitation service providers and insurance carriers to reduce the impact of work-related injuries or illnesses and assisting injured employees in continuing to successfully perform their jobs.
Disabled individual Under the ADA guidelines, an individual with a disability is a person who: has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment. Disability under Social Security rules are defined as an individual who is unable to perform work that he or she was previously able to perform and the individual cannot adjust to other work because of his or her medical condition(s), which is expected to last for at least one year or to result in death.
Disabled Veteran See "Special Disabled Veteran." \r\n
Disaster recovery plan A set of guidelines and procedures to be used by an organization for the recovery of data lost due to severe forces of nature, such as earthquakes, fires, tornadoes, floods or hurricanes.
Discharge The termination of an employee based on previous disciplinary proceedings or for violating a major work rule or policy.
Disciplinary action The means of reprimanding employees who fail to abide by the organization’s performance standards, policies or rules.
Disciplinary layoff A disciplinary measure in which employees are suspended without pay for a specified period of time due to violations of a company work rule or policy.
Disclosure The process of disclosing information to employees or the general public regarding any business practices or processes that contain the propensity to be hazardous to the environment or the health and safety of individuals.
Discouraged worker Persons not in the labor force who want and are available for a job and who have looked for work sometime in the past 12 months (or since the end of their last job if they held one within the past 12 months), but who are not currently looking because they believe there are no jobs available or there are none for which they would qualify.
Discovery In trial practice, the pre-trial devices that can be used by a party to obtain facts and information about the case from the other party in order to assist the party's preparation for trial. Tools of discovery include: depositions upon oral and written questions, written interrogatories, requests for production of documents or things, requests for physical and mental examinations, and requests for admission. See "Deposition." \r\n
Discretionary bonus A form of variable pay where an employer provides additional cash compensation to an employee for reasons that are not pursuant to any prior contract, agreement or promise that would lead the employee to expect the payments regularly.
Discrimination See "Disparate Impact," "Disparate Treatment," and Chapter 7. \r\n
Disparate Impact A theory or category of employment discrimination. Disparate impact discrimination may be found when a contractor's use of a facially neutral selection standard (e.g., a test, an interview, a degree require-ment) disqualifies members of a particular race or gender group at a significantly higher rate than others and is not justified by business necessity or job re-latedness. An intent to discriminate is not necessary to this type of employment discrimination. The dis-parate impact theory may be used to analyze both objective and subjective selection standards. Same concept as adverse impact. See definition of adverse impact. \r\n
Disparate Treatment A theory or category of employment discrimination. Disparate treatment discrimination may be found when a contractor treats an individual or group differently because of its race, color, religion, sex, national origin, handicap or veteran status. An intent to discriminate is a necessary element in this type of employment discrimination, and may be shown by direct evidence or inferentially by statistical, anecdotal and/or comparative evidence. \r\n
Displaced workers Individuals who have lost their jobs due to a plant closing, relocation, downsizing or position elimination.
Disqualifying income Commonly used as an offset when coordinating income from multiple sources.
Dissatisfiers Factors, such as working conditions, job functions, pay and benefits or organizational policies and practices, that contribute to employee dissatisfaction.
Distance learning The process of delivering educational or instructional programs to locations away from a classroom or site to another location by using technology, such as video or audio conferencing, computers, Web-based applications or other multimedia communications.
Distractors Refers to incorporating incorrect items or answers into a testing instrument where the testee is asked to select from a group of items or answers (i.e., multiple choice exams).
Distribution As used in labor relations, the handing out of materials in or about the workplace.
Diversity The collective mixture of differences and similarities that includes for example, individual and organizational characteristics, values, beliefs, experiences, backgrounds, preferences and behaviors.\r\n\r\n
Diversity management A comprehensive organizational and managerial process for leveraging diversity and achieving inclusion that maximizes the potential of all employees.
Diversity training A fundamental component of a diversity initiative that represents the opportunity for an organization to inform and educate senior management and staff about diversity. The purpose of training is not only to increase awareness and understanding of workplace diversity, but also to develop concrete skills among staff that will facilitate enhanced productivity and communications among all employees.
Documentation Refers to written notices, records, forms, memos, letters and so forth used during disciplinary proceedings.
Domestic partner benefits Benefit plan provided by an employer that recognizes individuals who are of the same or opposite sex as spousal equivalents for purposes of health care coverage. Domestic partners are typically defined of as individuals that have lived together in the same residence for a specified period, are responsible for each other's financial welfare, are not blood relatives, are at least 18 years of age, are mentally competent, are life partners and would get legally married should the option become available, are registered as domestic partners if there is a local domestic partner registry, and are not legally married to anyone else.
Double breasting The use by a company of its non-unionized shops, factories, or subsidiaries for the same work contracted to its unionized facilities.
Downgrading The practice of moving an employee to a job that has a lower pay grade or level of responsibility or skill.
Downshifting Refers to employees who choose to accept or remain in lower level or lower paying jobs in order to satisfy their personal and family needs.
Downsizing The process of reducing the employer’s workforce through elimination of positions, management layers, processes, functions, etc.
Dress code An organizational policy or rule to be used by employees as a guideline as to what is considered appropriate attire for the workplace.
Drug abuse/substance abuse Habitual and excessive use of a drug for purposes other than what was medically intended
Drug Free Workplace Act of 1988 Requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a federal agency. Although all covered contractors and grantees must maintain a drug-free workplace, the specific components necessary to meet the requirements of the Act vary based on whether the contractor or grantee is an individual or an organization.
Drug testing The process of testing employees to detect the presence of illegal drugs or alcohol within their system. Drug testing can be conducted on a pre-employment, random or post-accident basis, as well as for cause or suspicion, in accordance with the employer’s policy and any governing state law.
Dual career ladders/tracks An employee career development plan allowing employees to alternate between technical, professional or managerial positions over the course of their careers while they simultaneously receive higher compensation and gain higher status levels within the organization.
Dual unionism Refers to union members' activities on behalf of or membership in a rival union .
Due diligence A critical component of mergers and acquisitions, it is the process of conducting an investigation and evaluation in order to examine the details of a particular investment or purchase by obtaining sufficient and accurate information or documents that may influence the outcome of the transaction.
Due process The substantive protections that the Constitution and statutes afford public employees.
Dues allotment Dues withholding services provided by the agency to unions that win exclusive recognition or dues withholding recognition.
Dues checkoff Clause in an agreement that requires the employer to deduct dues directly from the payroll checks of employees who have voluntarily requested such deductions. This is a mandatory subject for bargaining.
Dues withholding recognition A limited form of recognition, under which a union that can show that it has ten per cent of employees in an appropriate unit as members can qualify for the right only to negotiate a dues deduction arrangement.
Duration clause A clause in a collective bargaining agreement which specifies the time period in which the agreement is in effect.
Duty of fair representation Requirement for unions in the representation of employee members of a unit. Failure to properly represent an employee may result in the filing of an ULP charge or a lawsuit against the union.
Duty to bargain Refers to the circumstances under which there is a duty to give notice and, upon request, engage in bargaining and the negotiability of specific proposals.
E-learning The delivery of formal and informal training and educational materials, processes and programs via the use of electronic media.
Early retirement plan A benefit plan offered by an organization providing incentives geared toward encouraging employees who are approaching retirement age to voluntarily retire prior to their normal retirement age.
Early return to work program Modified work programs designed to get employees who have been out of work due to injury or illness to return to the workforce sooner by providing them with less strenuous alternative jobs until they are able to resume their full regular duties.
Economic recourse A strike, picket, or boycott by a union, or a lockout by an employer.
Economic strike Work stoppage called to protest the refusal of the employer to agree to the union’s demands in negotiations. Although most often called as a result of disputes over economic matters, this can also include disputes over language clauses in a contract (i.e., seniority definition and application, union security, dues check off, etc.).
EEO-1 Categories The ten designated categories of the EEO-1 report: Executive/Senior Level Officials and Managers, First/Mid Level Officials and Managers, Professionals, Technicians, Sales Workers, Administrative Support Workers, Craft Workers, Operatives, Laborers, and Service Workers. \r\n\r\n
EEO-1 category One of nine broad job categories used on the EEO-1 Report. They are officials & managers, professionals, technicians, sales workers, office & clerical, craft workers, operatives, laborers and service workers.
EEO-1 Report The Equal Employment Opportunity Employer Information Report (EEO-1): An annual report filed with the Joint Reporting Committee (composed of OFCCP and EEOC) by certain employers subject to the Executive Order or to Title VII of the Civil Rights Act of 1964, as amended. This report details the sex and race/ethnic composition of an employer's work force by job category. (Also termed Standard Form 100.) \r\n
EEOC The U. S. Equal Employment Opportunity Commission (EEOC) is an agency in the Executive Branch of the United States Government. EEOC was established and became operational on July 2, 1965.
EEOC guidelines Interpretations of Title VII expressed by the EEOC that don't have the force of law, but tend to be supported by the courts. These positions are outlined in various EEOC publications ("Discrimination Because of Religion," etc.)
Effects bargaining Decisions that are within management’s right to make and which management is not obligated to bargain with the union regarding but may impact mandatory subjects of bargaining.
Eighty-percent rule Method of determining adverse impact. Selection rates for any group that are less than 80 percent (four-fifths) of the rate for other groups is evidence of a violation of this rule.
Election A proceeding in which members of a bargaining unit cast secret ballots to determine which, if any, employee organization is desired to become the unit’s exclusive bargaining representative.
Election agreement Agreement entered into by the agency and the union(s) competing for exclusive recognition dealing with campaign procedures, election observers, date and hours of election, challenge ballot procedures, mail balloting, position on the ballot, payroll period for voter eligibility, and the like.
Election bar A one year period following a representation election in which there can be no other elections to challenge an exclusive representative’s status.
Electromation Used to refer to a NLRB ruling declaring that, in nonunion companies, labor management cooperation (i.e., quality circles, employee involvement programs, etc.) is illegal because the committees through which such cooperation takes place are equal to a labor organization, as defined by the NLRA.
Electronic monitoring An employee surveillance practice where items such as telephone calls or e-mail/Internet usage are observed for general business, training or performance-related reasons.
Emergency dispute Refers to a labor-management dispute that is believe to endanger the health or safety of the general public.
Emergency planning The process of establishing specific measures or actions to be taken when responding to catastrophic events or tragedies (i.e., fire, earthquake, severe storms, workplace violence, kidnapping, bomb threats, acts of terrorism or other emergency situations) in the workplace.
Emotional intelligence Describes the mental ability an individual possesses enabling him or her to be sensitive and understanding to the emotions of others, as well as to manage his or her own emotions and impulses.
Employee assistance program (EAP) A work-based intervention program designed to identify and assist employees in resolving personal problems (i.e., marital, financial or emotional problems, family issues, substance/alcohol abuse) that may be adversely affecting the employee’s performance.
Employee engagement \r\n \r\n\r\nThe means of creating a work environment that empowers employees to make decisions that affect their jobs. Also referred to as employee involvement. Further defined by the Corporate Leadership Council in the in their 2004 study, “Driving Performance and Retention Through Employee Engagement” as “the extent to which employees commit to something or someone in their organization, how hard they work, and how long they stay as a result of that commitment.”\r\n\r\n
Employee handbook A written or electronic document containing summaries of the employer’s policies and benefits designed to familiarize employees with various matters affecting the employment relationship.
Employee leasing A staffing alternative whereby employers form a joint-employment relationship with a leasing agency or professional employer organization (PEO) that takes on the responsibility for various HR-related functions, such as labor law compliance, compensation and benefits administration, record-keeping, payroll and employment taxes.
Employee Polygraph Protection Act of 1988 Prohibits most private employers from requiring employees or candidates for employment to submit to a lie detector test. The only time an employer may ask (but not require) an employee to take a polygraph test is in the conduct of an ongoing investigation into theft, embezzlement or a similar economic loss; or if the employee had access to property that was lost and the employer has a reasonable suspicion that the employee was involved. Employees who take a polygraph test may not be discharged or suffer any other negative consequences solely on the basis of the test, without other supporting evidence. The Act strictly mandates how polygraph tests may be administered and how the results are used.
Employee referral program A recruiting strategy where current employees are rewarded for referring qualified candidates for employment.
Employee relations A broad term used to refer to the general management and planning of activities related to developing, maintaining and improving employee relationships by communicating with employees, processing grievances/disputes, etc.
Employee Retirement Income Security Act (ERISA)of 1974 ERISA sets requirements for the provision and administration of employee benefit plans. Employee benefit plans include health care benefits, profit sharing and pension plans, for example.
Employee self-service A trend in human resource management that allows employees to handle many job-related tasks normally conducted by HR (such as benefits enrollment, updating personal information and accessing company information) through the use of a company's intranet, specialized kiosks or other Web-based applications.
Employee stock ownership plan (ESOP) A trust established by a corporation that operates as a tax-qualified defined contribution retirement plan, but unlike traditional defined contribution plans, employer contributions are invested in the company's stock.
Employee stock purchase plan An employer-sponsored plan that allows employees to purchase company stock below the fair market value.
Employee-driven idea system A type of suggestion program where employees are rewarded for being ultimately responsible for the management and implementation of any idea they submitted.
Employer \r\nUnder EEOC Policy Guidelines, a person or persons engaging in an industry affecting commerce who has 15 or more employees for each working day in each of the 20 or more weeks in the preceding year or any agent thereof. Includes state and local governments, any federal agency subject to the provisions of Section 717 of the Civil Rights Act of 1964, as amended. Also includes any federal contractor or subcontractor or federally assisted construction contractor covered by Executive Order 11246, as amended.
Employer information report EEO-1 Also known as Standard Form 100, this annual report shows the representation of female and minority employees in an employer's total workforce as well as in standard job groupings (i.e., officials and managers, professionals, etc.). This report must be filed each year by any employer with 100 or more employees (50 or more for government contractors).
Employer of choice A term used to describe a public or private employer whose practices, policies, benefits and overall work conditions have enabled it to successfully attract and retain talent because employees choose to work there.
Employment agency An organization that provides job placement assistance, either on a temporary or permanent basis, to individuals seeking employment opportunities.
Employment agreement/contract A formal, legally binding agreement between an employer and employee outlining terms of employment such as duration, compensation, benefits, etc.
Employment at will A legal doctrine that states that an employment relationship may be terminated by the employer or employee at any time and for any or no reason.
Employment branding A combination of marketing, communication and technology used by an organization intended to give it greater visibility amongst a large population within a short timeframe.
Employment cost index Conducted annually as part of the Department of Labor’s National Compensation Survey program, the Employment Cost Index measures the relative changes in wages, benefits and bonuses for a specific group of occupations.
Employment displacement Occurs when an employee is terminated as a result of position elimination.
Employment Offer An employer's offer of employment to an individual, usually for a specific job. \r\n
Employment practice Any recruitment, hiring, selection practice, transfer or promotion policy, or any benefit provision or other function of the employer's employment process that operates as an analysis or screening device.
Employment practices liability audit An assessment of an employer’s current policies and practices to determine potential areas of liability (i.e., discrimination, wrongful discharge and other violations of employee rights) typically conducted by an outside consulting or legal firm
Employment practices liability insurance (EPLI) An insurance plan that provides employers with protection against claims of discrimination, wrongful termination, sexual harassment or other employment-related issues made by employees, former employees or potential employees.
Employment torts The grounds on which a lawsuit is based, such as wrongful discharge, negligence or invasion of privacy.
Employment visas An immigration-issued document that allows aliens to obtain temporary residency for the purpose of pursuing employment opportunities within the United States.
Employment-at-will A legal doctrine that states that an employment relationship may be terminated by the employer or employee at any time and for any or no reason.
Empowerment Enabling an individual to have responsibility, control and decision-making authority over the work he or she performs.
End run An approach whereby a bargaining agent circumvents one level of management or authority and approaches a higher level with the objective of negotiating a more advantageous agreement.
Enforcement Administrative or judicial action to compel compliance with Executive Order 11246, Section 503 or 38 U.S.C. and theri implementing regulations.
English as a second language (ESL) English language training provided to individuals who do not speak English as their primary language.
English-only rules An employer policy or work rule that requires employees to only speak in the English language at all times while on the job or in the workplace.
Environmental Scanning A process that systematically surveys and interprets relevant data to identify external opportunities and threats.
Equal Eemployment Opportunity Commission (EEOC) The federal agency responsible for publishing guidelines, enforcing EEO laws and investigating complaints of job discrimination based on race, color, religion, sex (including pregnancy), national origin, age or disability.
Equal employment opportunity (EEO) A policy statement that equal consideration for a job is applicable to all individuals and that the employer does not discriminate based on race, color, religion, age, marital status, national origin, disability or sex.
Equal Employment Opportunity Commission The U. S. Equal Employment Opportunity Commission (EEOC) is an agency in the Executive Branch of the United States Government. EEOC was established and became operational on July 2, 1965.
Equal Employment Opportunity Commission (EEOC) The federal agency responsible for publishing guidelines, enforcing EEO laws and investigating complaints of job discrimination based on race, color, religion, sex (including pregnancy), national origin, age or disability.
Equal Opportunity Clause The subparagraphs contained in 41 CFR 60-1.4(a) or (b) required by Sections 202 and 301 of Executive Order 11246, as amended, to be part of contracts covered by the Executive Order. Pursuant to 41 CFR 60-1.4(e) and 60-4.9, the clause is a part of covered contracts regardless of whether it is physically incorporated into the contract or whether the contract between the agency and the contractor is written. See also definition of "Affirmative Action Clause." \r\n
Equal opportunity survey This report is sent to a substantial portion of all non-construction contractors each year. It requires them to provide to the OFCCP information regarding applicants, hires, promotions, terminations, compensation and tenure by race and gender. Non-construction contracts can expect to receive and complete this report every other year.
Equal Pay Act of 1963 A federal law prohibiting employers from discriminating between male employees and female employees in terms of pay when they are performing jobs that are essentially the same or of comparable worth.
Equal Treatment A legal doctrine used in discharge cases to determine whether an employer’s policies and practices are applied in a fair, consistent and nondiscriminatory manner.
Equivalent position According to section 825.215 of the FMLA regulations, an equivalent position is one that is virtually identical to the employee's former position in terms of pay, benefits and working conditions, including privileges, perquisites and status. It must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, responsibility and authority.
Equivalent status Status given a union challenging the existing union that entitles it to equivalent access during the period preceding an election to facilities and services as that enjoyed by the existing union.
Ergonomics The design of the equipment, furniture, machinery or tools used in the workplace that promotes safety, efficiency and productivity and reduces discomfort and fatigue.
Error of central tendency A rating error occurring when the rater displays a propensity to assign only average ratings to all individuals being rated.
Error of contrast An error occurring when raters assign ratings based on comparisons between individuals being rated instead of using previously established organizational standards.
Error of halo A rating error occurring when the rater assigns a rating based on individuals’ positive or negative characteristics.
Error of inconsistency Occurs when no established organizational standards for rating an individual exist, and raters use different strategies for assigning ratings.
Error of projection An error in rating, which occurs when raters are inclined to allow their own personal characteristics or values to affect the ratings they assign.
Error of recency Occurs when raters assign a rating based on the individual’s short-term versus long-term job performance.
Error of standards Occurs when a rating is assigned based on impracticable standards established by the rater.
Errors and omissions insurance An insurance policy providing businesses with coverage and protection against potential lawsuits from clients or customers.
Escalator clause A provision of a contract which calls for an increase in price in the event of an increase in certain costs.
Escape clause A clause in a contract that specifies the conditions under which the guarantor is relieved of liability for failure to meet the terms of the contract.
Essay appraisal An appraisal strategy requiring the rater to provide a narrative description of an individual’s performance based on the rater’s performance observations.
Essential functions The primary job functions or tasks that an individual must be able to perform with or without a reasonable accommodation.
Establishment A facility or unit which produces goods or services, such as a factory, office, store, or mine. In most in- stances, the unit is a physically separate facility at a single location. In appropriate circumstances, OFCCP may consider as an establishment several facilities located at two or more sites when the facilities are in the same labor market or recruiting area. The determination as to whether it is appropriate to group facilities as a single establishment will be made by OFCCP on a case-by-case basis. \r\n
Ethical Leadership Broadly defined , as the demonstration of normatively appropriate conduct through personal actions and interpersonal relationships, and promotion of such conduct among followers through two-way communication, reinforcement, and decision-making processes (M.E Brown and L.K. Trevino, Measures for Leadership Development Ethical Leadership Scale)
Ethical Practices Committee A body within the AFL-CIO charged with the task of keeping the AFL-CIO “free from any taint of corruption or communism”.
Ethics A philosophy principle concerned with opinions about appropriate and inappropriate moral conduct or behavior by an individual or social group.
Ethnic categories A grouping of individuals who are of the following decent: American Indian or Alaska Native; Asian; Black or African American; Native Hawaiian or Other Pacific Islander; and White.
Evergreen clause Clause in a collective bargaining agreement that automatically extends a contract for a set period of time if the procedures for terminating or modifying an agreement are not initiated.
Excelsior list The list of names and addresses of employees eligible to vote in a union election.
Exception to arbitration Either party to arbitration may file with the Federal Labor relations Authority an appeal to an arbitrator’s award because the award is contrary to any law, rule or regulation or on other grounds similar to those applied by Federal courts in private sector labor-management relations.
Excessive interference A balancing test that the FLRA applies to proposals that are arrangements for employees adversely affected by the exercise of management’s rights in order to determine whether they are negotiable appropriate arrangements.
Exclusive bargaining rights The right of a union which has been certified by the National Labor Relations Board or other government agency to be the only union representing a particular bargaining unit.
Exclusive recognition The rights a union is accorded as a result of being certified as the exclusive representative of the employees in a bargaining unit include, among other things, the right to negotiate bargainable aspects of the conditions of employment of bargaining unit employees, to be afforded an opportunity to be present at formal discussions, to free checkoff arrangements and, at the request of the employee, to be present at Weingarten examinations.
Exclusive representative Nature of a union’s relationship to employees in a bargaining unit.
Exclusivity Refers to the right of an employee organization to be the sole representative for all employees in a particular bargaining unit.
Executive Committee, AFL-CIO An advisory and policy-making body of the AFL-CIO comprised of the president and secretary-treasurer and six vice presidents selected by the Executive Council to carry on the work of the AFL-CIO in between meetings.
Executive compensation Compensation packages specifically designed for executive-level employees that include items such as base salary, bonuses, perquisites and other personal benefits, stock options and other related compensation and benefit provisions.
Executive Council, AFL-CIO A body within the AFL-CIO comprised of the president and secretary-treasurer and twenty-seven vice presidents designated as the governing body of the organization.
Executive development Training and educational programs designed to increase performance and further the development of leadership skills for executive and senior-level managerial employees.
Executive Order For purposes of this manual, Parts II, III, and IV of Executive Order 11246, September 24, 1965 (30 FR 12319), as amended. The short form references of "Order" or "E.O. 11246" sometimes are used. \r\n
Executive Order 11246 of 1965 Administered and enforced by the Office of Federal Contract Compliance Programs (OFCCP), Executive Order 11246 prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in government business in one year, from discriminating in employment decisions on the basis of race, color, religion, sex or national origin. The Executive Order also requires government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.
Executive Order 11491 Labor-management relations in the Federal Service are governed by Executive Order 11491. The essence of the Order is for representatives of an agency and representatives of labor organization representing employees of the agency to meet, and confer in good faith with respect to personnel policies and practices and matters affecting working conditions.
Executive outplacement A program designed to provide displaced senior-level managerial and professional employees with career management and transition services that go above and beyond what is typically offered through a customary outplacement program.
Executive retreat A team building and development approach designed for executive-level managers; conducted off-site and typically lasts from a few days to a week.
Executive search firm An agency or organization used by employers to assist them with the selection and placement of candidates for senior-level managerial or professional positions.
Exempt Contract Any Government contract or subcontract which is excluded from coverage under some or all provisions of 41 CFR Chapter 60 according to the standards set forth in 41 CFR 60-1.5. (See also 60-250.3, and 60-741.3 which use the term "waiver" instead of exempt.) \r\n
Exempt employees Employees who meet one of the FLSA exemption tests and who are paid on a fixed salary basis and not entitled to overtime.
Exit interview An interview conducted at the time of an employee’s resignation, used to identify the underlying factors behind an employee’s decision to leave.
Expatriate An employee who is transferred to work abroad on a long-term job assignment.
Expectancy theory A motivational theory concluding that individuals feel a sense of pleasure and gratification when they have completed a challenging task and therefore are generally more motivated.
Expedited arbitration A dispute resolution method used by the American Arbitration Association to resolve cases in accordance with a prescribed set of guidelines.
Expert Witness A person such as a doctor or statistician selected by the court or a party on account of his/her knowledge or skill, to examine, estimate, and ascertain things and make a report (testimony) of his/her findings and opinions.
External benchmarking The process of comparing an organization’s current policies and practices to that of a competitor organization(s) to determine current and future trends in areas of employment and business practice (i.e., compensation, benefits, HR practices).
Extrinsic motivator Organizationally controlled incentives, such as pay, benefits, incentives, achievement awards, etc., used to reinforce motivation and increase performance.
Extrinsic reward Work-related rewards that have a measurable monetary value, unlike intrinsic rewards, such as praise or satisfaction in a job well done.
Face validity Making a decision regarding the appropriateness of a test or other assessment instrument based on appearance rather than objective criteria.
Facially Neutral Selection Standard/Criteria A criterion/process is facially neutral if it does not make any reference to a prohibited factor and is equally applicable to everyone regardless of race, gender or ethnicity; i.e., is not discriminatory on its face. See also "uniformly applied." \r\n
Facilitator A trainer who assists a group in learning or reaching a specific goal by directing and controlling the group process and allowing the group to work collectively to resolve problems and come up with solutions.
Fact finding The process of utilizing an impartial third party, not employed by the organization, to examine all pertinent facts surrounding a complaint.
Fact-finding conference An informal meeting directed by the EEOC to settle discrimination complaints between an employer and the plaintiff.
Factfinding The process of utilizing an impartial third party, not employed by the organization, to examine all pertinent facts surrounding a complaint.
Factor comparison A job comparison process involving ranking each individual job by certain selected compensable factors to establish appropriate values to be used in determining pay rates.
Factor weight Used in the job evaluation process, it is the process of assigning a weight to compensable factors to determine their relative worth.
Fair Credit Reporting Act (FCRA) of 1969 The FCRA requires employers that use credit reports and that deny employment on the basis of a credit report to so notify the applicant and to provide the name and address of the consumer reporting agency used.
Fair Employment Practice laws (FEP) Federal, state and municipal laws designed to bar discrimination in conditions of employment.
Fair Labor Standards Act (FLSA) of 1938 An act that covers public agencies and businesses engaged in interstate commerce or providing goods and services for commerce. The FLSA provides guidelines on employment status, child labor, minimum wage, overtime pay and record-keeping requirements. It determines which employees are exempt from the Act (not covered by it) and which are nonexempt (covered by the Act). It establishes wage and time requirements when minors can work. It sets the minimum wage that must be paid and mandates when overtime must be paid.
Fair representation This term means that a trade union, so long as it continues to be entitled to represent employees in a bargaining unit, may not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any employees in the unit.
Fair share The sum a nonmember is obligated by a provision in a collective bargaining agreement to give to a union in order to support the union’s collective bargaining activities.
Family and Medical Leave Act (FMLA)of 1993 The Family and Medical Leave Act (FMLA) allows employees who have met minimum service requirements (12 months employed by the company with 1,250 hours of service in the preceding 12 months) to take up to 12 weeks of unpaid leave per year for: (1) a serious health condition; (2) to care for a family member with a serious health condition; (3) the birth of a child; or (4) the placement of a child for adoption or foster care.
Family status change Used to define changes to an individuals existing family standing. Typically found in health care benefit plans covered by section 125 of the Internal Revenue Code. IRC 125, does not allow individuals enrolled in a covered benefit plan to make election changes to their existing benefits coverage outside of the plans annual open enrollment period, unless a qualifying change in family or employment status, defined by the IRS as a "Qualified Family Status Change" has occurred (i.e. marriage, divorce, legal separation, death, birth/adoption, changes in employment status, cessation of dependent status, or a significant change in cost or reduction of benefits.)
Family-friendly A policy or practice designed to help families spend more time together and/or enjoy a better quality of life.
Fast-trackers A term used to describe employees who have exhibited strong potential for promotion and are being primed for higher level professional or technical positions within the organization.
Fat organization An organization with a structure consisting of several layers of management.
Feasibility study A study designed to discover if a business, product, project or process justify the investment of time, money and other resources.
Featherbedding An unfair labor practice occurring when a union requires an employer to pay an employee for services he or she did not perform.
Federal labor union A local union chartered by the AFL-CIO over which no affiliated national or international union has claimed jurisdiction.
Federal Mediation and Conciliation Service (FMCS) Federal Mediation and Conciliation Service
Federal Services Impasse Panel (FSIP) An entity within the FLRA that resolves bargaining impasses, chiefly by ordering the parties to adopt certain contractual provisions relating to the conditions of employment of unit employees.
Feedback Positive or negative information provided to an individual in the form of coaching or counseling regarding his or her performance or behavior.
Fetal protection policy An employer policy meant to protect a pregnant woman’s unborn fetus by excluding pregnant women from engaging in jobs requiring exposure to or the use of hazardous chemicals or materials.
Field Advisory Services (FAS) The FAS Labor and Employee Relations Branch provides technical advisory service to operational civilian personnel offices on clarification of laws, government-wide regulations, case law, and Department of Defense policy on labor and employee relations matters.
Field examiner An individual employed by the NLRB who has the responsibility to conduct certification elections and carry out investigations of unfair labor practice claims.
Field interview An employment interview conducted away from the employer’s actual worksite.
Final- offer interest arbitration A technique for resolving bargaining impasses in which the arbitrator is forced to choose among the final positions of the parties--rather than order adoption of some intermediate position.
Financial core membership Ultimate requirement of a union security clause. Employees may be required to pay dues and initiation fees to a union but cannot be compelled to actually join the union and be subject to the union’s constitution, bylaws, rules, and trial procedures. The member may be charged a fee based on the union’s cost of representation of the member, such as a prorated share of the cost of contract negotiations, cost of grievance and arbitration representation.
Financial statement A report containing financial information derived from an organizational accounting record.
Fitness for duty A document provided by a medical practitioner following a post-offer medical examination containing information used by the employer to determine a candidate’s ability to perform the functions of a job. Also used to refer to documents or notes from medical providers releasing individuals under their care to resume full or modified duties following a leave of absence due to illness or injury.
Fixed year A term used to describe an invariable year such as a calendar or fiscal year.
Flat organization An organization characterized by having only a few layers of management from top to bottom
Flexible benefit plan A benefit program regulated under IRC 125 that offers employees a choice between permissible taxable benefits (including cash) and nontaxable benefits such as life and health insurance, vacations, retirement plans and child/dependent care. Although a common core of benefits may be required, the employee may determine how his or her remaining benefits dollars are allocated for each type of benefit from the total amount offered by the employer.
Flexible scheduling An alternative work arrangement providing employees with greater flexibility in meeting their own personal needs by allowing them to work nontraditional schedules (i.e., compressed workweek, summer hours or flextime).
Flexible staffing The practice of utilizing temporary employees, independent contractors or part-time employees to fill vacancies instead of hiring a traditional full-time permanent employee workforce.
Flextime Variable work hours requiring employees to work a standard number of core hours within a specified period of time, allowing employees greater flexibility in their starting and ending times.
Focus group A small group of individuals who are interviewed through structured facilitator-led discussions in order to solicit opinions, thoughts and ideas about a particular subject or topic area.
Forced distribution An appraisal rating method intended to prevent rater errors by requiring the rater to force ratings into a bell-shaped curve.
Forced ranking A performance appraisal system where raters are asked to identify a certain percentage of employees who are top performers ready for advancement and those employees falling into the bottom percentage who must improve or leave the organization.
Forced-choice In test construction, used to define multiple-choice tests or questionnaires requiring the testee to choose an answer from a collection of possible answers. Also refers to a performance appraisal strategy where the appraisal is divided into several sections, and the rater is then provided with a few performance descriptors for each section and asked to select the most and least characteristic statement.
Forecasting A business analysis conducted in order to assess what future trends are likely to happen, especially in connection with a particular situation, function, practice or process that is likely to affect the organization’s business operations.
Formal discussion A discussion between an agency representative(s) and a bargaining unit employee(s) concerning any grievance or any personnel policy or practice or other condition of employment which affects bargaining unit employees.
Fractional bargaining Bargaining that takes place at a department or unit level which may lead to an unwritten consensus to ignore certain provisions of a collective bargaining agreement.
Free rider Refers to an employee who is eligible for union membership but chooses not to join the union.
Free Speech As set forth in the NLRA, “The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an ULP under any of the provisions of this Act, if such expression contains no threat of reprisal or force or promise of benefit.”
Freedom of Information Act (FOIA) of 1966 A federal law providing guidelines for access and disclosure of government documents and materials to the general public.
Frictional unemployment Refers to unemployment that is always present in the economy, resulting from temporary transitions made by workers and employers or from workers and employers having inconsistent or incomplete information.
Fringe benefit Employment benefits granted to employees in addition to their current base salary or wages (i.e., cash, merchandise, services, health insurance, pension plans, holidays, paid vacations, etc.).
Fringe Benefits Compensation for employment other than wages or salary, including, for example, annual and sick leave, medical insurance, life insurance, retirement benefits, profit sharing, bonus plans, etc. \r\n
Front Pay Compensation for estimated future economic loss; generally calculated based on the difference between the discrimination victim's current pay (or for a rejected applicant, the pay he/she should have received) and the pay associated with his/her rightful place. Front pay runs from the time of the settlement (e.g., Conciliation Agreement), hearing, or admini-strative or court order to a certain time in the future set by the settlement, hearing or administrative or court order (usually when the victim attains his/her rightful place) set by the settlement, hearing or court order. See also "Rightful Place." \r\n
Front-loaded A term used to describe a labor contract that provides for higher wage increases during the early part of a multiyear agreement.
Full crew rule A regulation that sets forth the minimum number of workers that are required to perform a given operation.
Full employment A term that basically means “zero unemployment” or an employment level which any individual who is willing to work is able to find gainful employment.
Full-time equivalent (FTE) A value assigned to signify the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees instead.
Fully insured plan A benefit plan where the employer contracts with another organization to assume financial responsibility for the enrollees’ medical claims and for all incurred administrative costs.
Functional team A group of employees who are responsible for a particular function within the organization.
Gag clause Refers to the employment contract restrictions used as a means of protecting the organization’s trade secrets or proprietary information.
Gainsharing plan A group incentive plan used to enhance productivity by sharing with a group a percentage of the gains the organization realizes from specific group efforts.
Garnishment A court order requiring an employer to withhold a certain percentage from an employee’s pay in order to settle a debt with a creditor.
Garrity Rights The rights available to any public employee, under the 5th Amendment against self-incrimination in a criminal context.
Gay The adjective used to describe people whose enduring physical, romantic, emotional, and/or spiritual attractions are to people of the same sex.
Gender Expression External manifestation of one's gender identity, usually expressed through "masculine," "feminine," or gender-variant behavior, clothing, haircut, voice, or body characteristics. Typically, transgender people seek to make their gender expression match their gender identity, rather than match their birth-assigned sex.
Gender Identity One's internal, personal sense of being a man or a woman (or boy or girl). For transgender people, their birth-assigned sex and their own internal sense of gender identity do not match.
General counsel An individual appointed by the President to the FLRA. The General Counsel is responsible for investigating Unfair Labor Practice (ULP) allegations, filing and prosecuting ULP complaints and exercising other powers prescribed by the FLRA.
General strike A strike action by all or most of the employees in a specific community, city, region or country.
Generalist An individual who possesses the capabilities to perform more than one diversified function, rather then specializing in or having responsibility for one specific function.
Generation I The term used to describe children born after 1994 who are growing up in the Internet age.
Generation X The term used to describe individuals born between 1965 and 1980.
Generation Y The term used to describe individuals born between 1985 and the present.
Genetic-based discrimination The practice of requesting or requiring genetic testing information during the hiring process or using genetic testing information to base any other employment decisions or actions.
Geographical differential The variance in pay established for same or comparable jobs based on variations in labor and costs of living among other geographic regions.
Glass ceiling Used to describe the invisible barrier keeping women from advancing into executive-level positions.
Glass Ceiling Act of 1991 An act meant to raise public awareness regarding the underutilization of females and minorities in certain positions within the U.S. workforce and eliminate barriers preventing advancement.
Global compensation Pay practices relating to employees who are working on assignments in international locations. A service premium and additional incentives are often included in the compensation package to offset differences in taxes and cost of living.
Global relocation The process of transferring an individual’s residence from the United States to a foreign country for the purpose of completing an international job assignment.
Globalization The term used to describe increasingly mobile organizations that are performing their operations in foreign countries.
Goal A statement outlining the long-term results, accomplishments or objectives an organization seeks to attain.
Goal achievement How well a contractor has progressed toward meeting employment or promotion targets set to correct underutilization of protected class members.
Goal setting The process of setting and assigning a set of specific and attainable goals to be met by an individual, group or organization.
Goals Goals under the Executive Order are of two kinds: percentage placement goals and goals by organizational unit. \r\n
Gold-collar employee The term used to describe individuals such as scientists, engineers and other highly skilled employees who are in high demand and short supply.
Good -faith bargaining The principles applied to conducting negotiations where two parties meet and confer at reasonable times with open minds and the intention of reaching an agreement.
Good Cause A. A legally acceptable defense (usually put forward by a contractor against whom OFCCP has alleged a violation of its regulations) for not having taken an action that would otherwise be required. B. Justification provided by a complainant, and found acceptable by OFCCP, as the basis for accepting an otherwise untimely complaint filing. See 41 CFR 60-1.21, 250.26 and 741.26 \r\n
Good faith bargaining The principles applied to conducting negotiations where two parties meet and confer at reasonable times with open minds and the intention of reaching an agreement.
Good faith effort The effort and action an organization puts forth to correct goals and specific problem areas.
Good Faith Efforts \r\nThis term refers to a contractor's efforts to make all aspects of its affirmative action plan work. Designing and implementing an effective affirmative action plan requires sustained attention. The contractor must analyze its employment and recruitment practices as they affect equal opportunity, identify problem areas, design and implement measures to address the problems, and monitor the effectiveness of its program, making adjustments as circumstances warrant. In evaluating the contractor's good faith efforts, the EOS must make a careful assessment of the quality and thoroughness of the contractor's work to implement its program and assure equal opportunity. The basic components of good faith efforts are (1) outreach and recruitment measures to broaden candidate pools from which selection decisions are made to include minorities and women and (2) systematic efforts to assure that selections thereafter are made without regard to race, sex, or other prohibited factors. \r\n
Government Contract Any agreement or modification thereof between any contracting agency and any person for the furnishing of supplies or services, or for the use of real or per-sonal property, including lease arrangements. The term "services," as used here, includes, but is not limited to, the following: utility, construction, transporta-tion, research, insurance, and fund depository, regard-less of whether the Government is the purchaser or seller. The term "Government Contract" does not include (a) agreements in which the parties stand in the relationship of employer and employee and (b) Federally assisted construction contracts. See 41 CFR 60-1.3, 250.2 and 741.2. \r\n
Government-wide regulations Regulations issued by an agency bearing on conditions of employment that must be complied with by other agencies.
Graded vesting A schedule used for vesting purposes, in which the vesting occurs over a period of five to 15 years.
Grandfather clause A provision of a contract exempting employees who are on the employer’s payroll prior to a specified date will not be subject to the terms of the new contract.
Grapevine An informal communication channel used to transmit information or rumors from one person to another.
Green card A card issued in accordance with immigration laws to an alien granting him or her the right to become a lawful permanent resident of the United States, including the right to work legally.
Greenfield Operation A new operation that is built from “the ground up”.
Grievance A formal complaint or allegation by an employee or group of employees made to unfair treatment or violation of a union contract.
Grievance arbitration Also referred to as grievance mediation, it is a proactive, voluntary process, which utilizes an arbitrator to assist and issue a binding resolution of grievances over the application or interpretation of a collective bargaining agreement.
Grievance procedures The process and guidelines to be followed by employees, management or the union when resolving differences or conflicts.
Gross national product (GNP) The total dollar value of all final goods and services produced for consumption in society during a particular time period. Its rise or fall measures economic activity based on the labor and production output within a country.
Gross product margin The difference between the price a certain product is sold at and the cost of producing the product.
Group dynamics The social manner in which people interact with each other within a group.
Group grievance A grievance signed by many people in a workplace in order to show management that members are collectively opposed to a management's action.
Group interview An interviewing method where a prospective employee is interviewed by a small group of his or her peers.
Group outplacement Used as a cost-cutting measure, it incorporates the same principles as individual outplacement benefits (i.e., providing job counseling, training and other services to displaced employees) with the exception that counseling is performed on a group vs. individual basis.
Guaranteed annual wage plan (GAW) A formal arrangement whereby an employer agrees to provide employees with a guaranteed minimum of income for a particular year.
Halo/horn effect A form of interviewer bias, occurring when the interviewer rates or judges an individual based on the individual’s positive or strongest traits, allowing their overall perception of the person to overshadow any negative traits. Referred to as the “halo effect” when it works in the candidate’s favor or the “horn effect” when it works against the candidate.
Handbilling The distribution of literature on or about an employer’s premises, usually by a union.
Handicapped Individual A term used in the Rehabilitation Act of 1973 but replaced by "Individual with Handicaps" in 1986 amendments to that Act. See "Individual with Handicaps."
Hawthorne effect A term produced as a result of an experiment conducted by Elton Mayo whereby he concluded that expressing concern for employees and treating them in a manner that fulfills their basic human needs and wants will ultimately result in better performance.
Hazard Communication Standard of 1988 An occupational safety and health standard intended to comprehensively address the issue of evaluating the potential hazards of chemicals and communicating information concerning hazards and appropriate protective measures to employees. Such communication may include, but is not limited to: developing and maintaining a written hazard communication program for the workplace, including lists of hazardous chemicals present; labeling of containers of chemicals in the workplace, as well as of containers of chemicals being shipped to other workplaces; preparation and distribution of material safety data sheets to employees; and development and implementation of employee training programs regarding hazards of chemicals and protective measures.
Hazard pay A special payment made in addition to an individual’s salary for accepting assignments at locations where there is threat of physical danger or for performing positions that are hazardous to the individual’s health and well-being.
Head count Refers to average number of people employed directly by the company on a full-time and part-time basis.
Health care flexible spending account (FSA) A benefit plan designed to allow employees to set aside pre-tax dollars to pay for eligible medically related expenses, such as medical, vision or dental exams, copays and deductibles, as well as other out-of-pocket expenses.
Health care institutions Any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, extended care facility, or other institution devoted to the care of the sick, infirm, or aged persons.
Health Insurance Portability and Accountability Act (HIPAA )of 1996 The Act was enacted to make health insurance more "portable" from one employer to another. The law mandates procedures for both new hires and for existing employees who are leaving the company. Employees who are new to a company can use evidence of previous health care coverage that is provided by their former employer to reduce or eliminate the new employer's preexisting condition requirements. Employees who are leaving a company must be provided a certificate of prior creditable health care coverage to use for this purpose. The law includes other provisions regarding restrictions on preexisting conditions, special enrollment rights and privacy rights and protections.
Health savings accounts (HSA) A tax-free account that can be used by employees to pay for qualified medical expenses. Contributions do not have to be spent the year they are deposited. Money in the account earns interest and accumulates tax free, so the funds can be used now and in the future. If an employee leaves the job, he or she can take the account with him or her and continue to use it to pay for qualified healthcare expenses. To be eligible for a Health Savings Account, an individual must be covered by a High Deductible Health Plan (HDHP), must not be covered by other health insurance (does not apply to specific injury insurance and accident, disability, dental care, vision care, long-term care), is not eligible for Medicare and can’t be claimed as a dependent on someone else’s tax return.
Hearing examiner An individual hired by an employer to take testimony and issue recommendations to the Commission in unfair practice claims.
Heterosexual People whose enduring physical, romantic, emotional, and/or spiritual attraction is to people of the opposite sex. Also called straight.
Hidden disabilities Disabilities which are not of a visible nature, such as learning disorders, alcohol abuse, depression, etc.
Hidden unemployment The unemployment or underemployment of workers that is not reflected in official unemployment statistics because of the way they are compiled.
Hierarchy of needs A psychology theory ascribed to Abraham H. Maslow, in which he proposed that people will constantly seek to have their basic needs (sleep, food, water, shelter, etc.) fulfilled and that such needs ultimately determine behavior.
Highly compensated employee For the purposes of retirement plans, a highly compensated employee is defined by the IRS as an employee who owns 5% or more of a company or receives compensationin excess of a predetermined amount. To qualify for tax advantages, retirement plans cannot be overly favorable to highly compensated employees. The definition of HCE is crucial in determining whether plan benefits are allocated to HCEs in a discriminatory manner compared to non-highly compensated employees.
Hiring hall A union-operated placement office where jobs are allotted to applicants according to seniority or rotation.
Hispanic A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race. \r\n
Home-based worker An employee who works from a home office rather than at a physical workspace at the employer’s location.
Homosexual Outdated clinical term considered derogatory and offensive by many gay people.
Honesty/integrity testing Tests used to assess an individual’s propensity for dishonest conduct or behavior (i.e., stealing or lying).
Horizontal integration Also known as job rotation, it is a job enlargement method whereby employees are shifted between various comparable jobs in an effort to prevent boredom and boost morale.
Horizontal organization A flat organizational structure that consists of fewer hierarchal levels. Such organizational structures often rely on the use of cross-functional teams.
Horizontal union Also referred to as a craft union, refers to an approach to union organizing that seeks to unify workers in a particular industry along the lines of the particular craft or trade that they work in.
Hostile environment harassment Sexual or other discriminatory conduct that is so severe and pervasive that it interferes with an individual’s ability to perform the job, creates an intimidating, offensive, threatening or humiliating work environment or causes a situation where a person’s psychological well-being is adversely affected.
Hostile takeover A leveraged purchase of a company that goes against the wishes of the target company's management and board of directors.
Hot cargo clause A clause in union contract that allows employees to refuse to handle or work on goods shipped from a struck employer or to provide services to an employer listed on a union unfair practices list.
Hot-desks A method of saving office space in which workers do not have their own desk but share the same desk at different times during the day or week.
Hoteling The practice of not assigning offices on a permanent basis to individuals who telecommute. Instead, offices are assigned by calling in and reserving an office or workstation in advance.
Huddle group A training method whereby participants are divided into small groups, given a specific problem to handle within a short period of time (typically less then 10 minutes) and then report their findings back to the larger collective group.
Human capital The collective knowledge, skills and abilities of an organization’s employees.
Human resource auditing The process of assessing HR programs and services to determine effectiveness or efficiency.
Human resource development A set of planned activities intended to provide the organization with the skills it requires to meet current and future business demands.
Human resource information system (HRIS) A computer database used to gather, store, maintain and retrieve relevant employee and HR-related information.
Human resource management The formal structure within an organization responsible for all the decisions, strategies, factors, principles, operations, practices, functions, activities and methods related to the management of people.
Human resource management system A software application combining various human resource functions, such as benefits, payroll, recruiting, training, etc., into one package.
Human resource metrics Measurements used to determine the value and effectiveness of HR strategies. Typically includes such items as cost per hire, turnover rates/costs, training and human capital ROI, labor /productivity rates and costs, benefit costs per employee, etc.
Human resource planning The process of anticipating future staffing needs and ensuring that a sufficient pool of talent possessing the skills and experience needed will be available to meet those needs.
Human resources The function dealing with the management of people employed within the organization.
Hybrid organization An organization whose structure is comprised of both vertical and horizontal models.
Hygiene theory Studies conducted by Frederick Herzberg used to better understand employee attitudes and motivation and what factors cause job satisfaction and dissatisfaction. Also referred to as the Motivation-Hygiene theory.
Icebreaker A beginning exercise, game or simulation used as a means to reduce tension and create a more relaxed atmosphere during training programs.
Identity theft Regulated by federal and state statutes, identity theft occurs when a person fraudulently obtains and uses another person's personal information, such as name, Social Security number, credit card number, etc., without that person’s authorization, consent or knowledge.
Illegal immigrant/alien An individual who is not a U.S. citizen and who has entered the United States without proper documentation and without complying with legally required U.S. immigration and naturalization procedures.
Illegal strike A strike that is called in violation of the law, such as a strike that ignores "cooling off" restrictions, or a strike that disregards a "no strike" agreement signed by the union or imposed by a court of law.
Illegal subject of bargaining Proposal that is illegal, such as for wage rates that are below the minimum wage law or for overtime provisions contrary to the Fair Labor Standards Act, or for a closed shop, etc..
Image consulting The practice of counseling and advising individuals regarding items such as personal appearance, dress, manner of speaking or style.
Immigration Customs and Enforcement (ICE) Immigration and Customs Enforcement (ICE) is the largest investigative branch of the Department of Homeland Security (DHS). The agency was created after 9/11, by combining the law enforcement arms of the former Immigration and Naturalization Service (INS) and the former U.S. Customs Service, to more effectively enforce our immigration and customs laws and to protect the United States against terrorist attacks. ICE does this by targeting illegal immigrants: the people, money and materials that support terrorism and other criminal activities. ICE is a key component of the DHS “layered defense” approach to protecting the nation.
Immigration Reform and Control Act (IRCA) of 1986 The Immigration Reform and Control Act (IRCA) prohibits the employment of individuals who are not legally authorized to work in the United States or in an employment classification that they are not authorized to fill. The IRCA requires employers to certify (using the I-9 form) within three days of employment the identity and eligibility to work of all employees hired. IRCA also prohibits discrimination in employment-related matters on the basis of national origin or citizenship.
Impact and implementation bargaining A statutory right of the union under 5 U.S.C. 7106(b)(2) to negotiate on the procedures use to implement management decisions made under 5 U.S.C. 7106(a).
Impact bargaining Refers to labor-management negotiations over the particular effects of an employers decisions.
Impact ratio Selection rate, for an employment opportunity, for a group of people in a protected class, divided by the selection rate for the group with the highest selection rate. For an adverse employment situation, the impact ratio is the rate of the group with the lowest rate divided by the rate of the group in question. Impact ratios are compared to the 80 percent rule to determine adverse impact.
Impact Ratio Analysis The Impact Ratio Analysis (IRA) is a comparison of the selection rates of different groups from an identified candidate pool. If the selection rate for one group is less than 80% of that for another, the IRA is considered adverse. \r\n
Impairment A physical or mental condition resulting from injury or illness, which diminishes an individual’s faculties such as ability to hear, see, walk, talk, etc.
Impartial umpire A term applied to a permanent arbitrator who has been mutually chosen by management and the union to serve for the life of the contract.
Impasse Deadlock in good faith negotiations. Where one party engages in bad faith bargaining, a true impasse cannot be reached.
Impatriate Foreign nationals who are hired by U.S. employers under the H1-B visa program to fill highly skilled vacancies due to a labor shortage of skilled U.S. applicants.
Implementation A very rare procedure in which an employer imposes its last offer on all terms and conditions of employment.
Improper practice The term used to describe an unfair labor practice in the public sector.
In-company/in-house counseling An EAP program which is conducted by a trained professional counselor hired as an employee by the employer to handle all aspects of the company’s EAP.
Incentive pay Additional compensation used to motivate and reward employees for exceeding performance or productivity goals.
Incentive pay plan A plan providing additional compensation intended to serve as an incentive for excellent performance, exceeding productivity goals or standards, as well as other contributions in accordance with prescribed goals or standards.
Incentive stock option An employee stock option plan that allows options to be granted or exercised on a tax-deferred basis. All gains on options are taxed only when the holder sells the stock.
Incidence rate Indicates the number of workplace injuries/illnesses and the number of lost work days per 100 employees.
Inclusion Ensuring that all of organizational talent is valued, treated fairly and respectfully, and is fully utilized in a way that enables the organization to succeed. It also means ensuring that everyone has equal access to opportunities and resources.
Independent contractor A self-employed individual who performs a service for an employer under an express or implied agreement and who is not subject to the employer's control, or right to control, regarding the method and means in which the service is performed.
Independent union Independent unions represent the employees of a single employer and are not affiliated with an international union or the AFL-CIO. They may be more effective in representing local interests of the employees, but may have less bargaining power than affiliated locals who may act in concert with other locals.
Indirect compensation Compensation that is not paid directly to an employee and is calculated in addition to base salary and incentive pay (i.e., health/dental/vision insurance, vacation, retirement benefits, educational benefits, relocation expenses, etc.).
Indirect costs Expenses, such as fringe benefits, overhead, utilities, rent or equipment, that have been incurred for the purpose of common general activities and cannot be identified or charged directly to the production of a specific project.
Indirect labor Used to define labor that is necessary to support the manufacturing of a product, but is not directly involved with the actual process of manufacturing the product.
Individual with Handicaps Any person who: (a) has a physical or mental impairment which substantially limits one or more of such person's major life activities; (b) has a record of such an impairment; or (c) is regarded as having such an impairment. This definition does not include an individual currently engaging in the illegal use of drugs, when the contractor acts on the basis of such use. This definition does not include an individual who is an alcoholic whose current abuse of alcohol prevents such individual from performing the duties of the job in question, or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or safety of others. The term "individual with handicaps" is used interchangeably with "individual with a disability" and "handicapped individual." \r\n
Induction program Programs designed to introduce and acclimate newly hired employees into the organization.
Industrial democracy The involvement and empowerment of employees in decision-making within the organization by such methods as joint labor-management committees, work teams, quality circles, employee task forces, etc.
Industrial psychology Applied psychology concerned with the study of human behavior in the workplace and how to efficiently manage an industrial labor force and problems encountered by employees.
Industrial rehabilitation Programs designed to get employees who have been injured on the job back into the workforce and off workers’ compensation.
Industrial union An industrial union is one which, for organizational purposes, includes all workers in a particular industry regardless of whether they are skilled or unskilled.
Industry wide bargaining Multiemployer bargaining that results in the negotiation of one master contract for all employees within a particular industry by one or more unions representing workers throughout the entire industry..
Inflation An increase in the price of goods and services that is representative of the economy in its entirety.
Information picketing A type of picketing done with the express intent not to cause a work stoppage, but to publicize either the existence of a labor dispute or information concerning the dispute.
Informed consent An individual’s agreement to allow something to transpire subsequent to the individual having been informed of associated risks involved and alternatives.
Initiation fees The fees an employee is required to pay a union upon becoming a member of the union.
Injunction A court-issued order requiring a party to either do or refrain from doing a certain act.
Injunctive Relief A court order requiring a person to perform, or to refrain from performing, a designated act. For example, in an enforcement action OFCCP might seek the injunctive relief of requiring that the contractor cease asking discriminatory questions on its job application. \r\n
Inpatriate These foreign national employees have been transferred to work in the home country of an international organization on a temporary or permanent basis.
Inplacement counseling A form of employee counseling geared toward acclimating recently promoted or transferred employees into their new positions or providing current employees guidance on the steps they need to take to be considered for promotion or transfer to alternative positions.
Insourcing Refers to the process of internally administering employee benefit plans or other programs, as opposed to utilizing the services of a third-party provider.
Instructor-to-trainee ratio The maximum number of trainees assigned per trainer.
Insubordination The willful or repeated disobedience to an order or directive from a higher level manager or superior to a subordinate.
Intangible rewards Nonmonetary reinforcing, such as praise, given to an employee in recognition of a job well done or a particular achievement.
Integrity testing A pre-employment psychological assessment tool used to gauge an applicant’s honesty.
Intellectual property Property which is protected under federal law, including trade secrets, confidential or proprietary information, copyrightable or creative works, ideas, patents or inventions.
Intelligence quotient (IQ) The measure of an individual’s cognitive abilities, as measured by an intelligence test.
Interest In interest-based negotiations, refers to the concerns, needs, or desires behind a particular issue.
Interest arbitration An adjudication process uses to resolve impasses in contract negotiations.
Interest-based negotiations A bargaining technique in which the parties start with interests rather than proposals; agree on criteria of acceptability that will be used to evaluate alternatives; generate several alternatives that are consistent with their interests, and apply the agreed-upon acceptability criteria to the alternatives so generated in order to arrive at mutually acceptable contract provisions.
Intermittent/reduced schedule leave Under FMLA, intermittent and reduced schedule leave is used to describe leave that is not taken on a consecutive basis but rather taken in increments of days or hours.
Internal audit The process of conducting an in-house examination of one or more of an organization’s processes, functions, programs, etc.
Internal disputes plan A plan implemented by the AFL-CIO for resolving disputes among its affiliated members.
Internal equity A term used to refer to employees’ perceived fairness of a company’s pay structure as it relates to their responsibilities, compensation, benefits, and working conditions compared with those of other employees in similar or like positions.
Internal recruitment The practice of assessing the employer’s current workforce to determine whether or not current employees possess the required skills or qualifications to fill specific vacancies either through promotion or transfer.
Internal Review Procedure An internal procedure of contractors capable of resolving discrimination complaints. By regulation OFCCP allows contractors 60 days to attempt to resolve internally a complaint of employment discrimination made by an employee who is an individual with handicaps, a special disabled veteran or a veteran of the Vietnam era. \r\n
Internal security practices A right reserved to management by title 5, United States Code, section 7106(a)(1). The right to determine the internal security practices of an agency isn't limited to establishing "those policies and actions which are part of the Agency's plan to secure or safeguard its physical property against internal and external risks, to prevent improper or unauthorized disclosure of information, or to prevent the disruption of the Agency's activities.
Internal temporary pool employee A pool of former employees who are called upon and hired to fill temporary staffing needs on an as-needed basis.
International Labor Organization (ILO) A specialized agency of the United Nations that deals with labor issues.
International representative An officer of an international union who has been appointed by the union’s executive board to serve as a liaison between the national or international level of the union and locals.
International union The national organization of a labor union.
Internship A partnership between an organization and an educational institution, whereby students are hired by an employer for a specified period of time into a professional or technical position that correlates with their area of study in order to provide them with hands-on experience and prepare them for the workforce.
Interpersonal communications Refers to the process of communicating with another person or group to express feelings, thoughts or information by means of physical gestures or verbal exchanges.
Interpretive Guidelines on Sexual Harassment EEOC issued guidelines defining sexual harassment and the employer’s responsibility for maintaining a workplace environment which is free from sexual harassment or intimidation.
Intersectional discrimination Discrimination not just because of one protected trait (e.g., race), but also because of the intersection of two or more protected bases (e.g., race and sex), i.e., Title VII prohibits discrimination against African American women even if the employer does not discriminate against White women or African American men
Intervention The action taken by a competing labor union to place itself as a contender on the ballot for a recognition election originally initiated by another union.
Interview Used during the selection process, an interview is a face-to-face meeting with an individual or group, which involves asking questions to elicit information from the applicant to determine whether or not an applicant is suitable for a position of employment.
Interview to offer ratio The ratio of the numbers of individuals interviewed to actual offers extended.\r\n\r\n
Intrinsic reward Refers to an outcome received by an individual as a result of engaging in a particular activity (i.e. a job well done) and for which there is no observable external or monetary incentives.
Investigatory examination An examination conducted by an agency representative in which an employee is questioned as part of an inquiry to get facts.
Invitation to Self Identify An invitation by the contractor, extended to employees and applicants for employment, to identify themselves as individuals with handicaps or special disabled or Vietnam era veterans for purposes of Section 503 or 38 U.S.C. �4212 in order to permit the contractor to make reasonable accommodation and take affirmative action on their behalf. All information obtained in response to such an invitation shall be kept confidential in accordance with 41 CFR 60-741.5(c)(1) or 60-250.5(d). \r\n
Invitation to self-identify An invitation by an employer extended to all employees who believe they are covered by Section 402 or 503 to identify themselves as having a disability, being a disabled veteran, a Vietnam-era veteran or other eligible veteran for purposes of making reasonable accommodation and taking affirmative action. Applicants may no longer be asked to self-identify prior to an offer of employment being extended to them by the employer.
ISO 9000 Developed by the International Organization for Standardization (ISO), it is a set of standards for quality management systems that is accepted around the world. Organizations that conform to these standards can receive ISO 9000 certification. The standard intended for quality management system assessment and registration is ISO 9001. The standards apply uniformly to organizations of any size or description.
Job Accommodation Network (JAN) A service of the Office of Disability Employment Policy (ODEP) of the U.S. Department of Labor. JAN's mission is to facilitate the employment and retention of workers with disabilities by providing employers, employment providers, people with disabilities, their family members and other interested parties with information on job accommodations, self-employment and small business opportunities and related subjects.
Job action Concerted activities by employees on the job designed to exert pressure on the employer in order to avert resorting to a strike.
Job aids A document consisting of information or instructions used to guide the user on how to perform a task correctly.
Job analysis The systematic process of gathering and examining and interpreting data regarding the specific tasks comprising a job.
Job bank Refers to pools of retired employees who are used by employers to fill part-time or temporary position needs.
Job classification A method of evaluation used for job comparisons, which groups jobs into a prearranged number of grades, each having a class description and a specified pay range.
Job codes Identification numbers assigned to specific jobs or job tasks.
Job Description A written statement detailing the duties of a particular job title. \r\n
Job displacement Occurs when an employee’s position is eliminated.
Job enlargement A method used to keep workers motivated, the process involves adding new tasks which are of the same level of skill and responsibility to a job.
Job enlarging A method used to keep workers motivated, the process involves adding new tasks which are of the same level of skill and responsibility to a job.
Job enrichment The practice of adding tasks to a job as a means of increasing the amount of employee control or responsibility.
Job evaluation Used for compensation planning purposes, it is the process of comparing a job with other jobs in an organization to determine an appropriate pay rate for the job.
Job grade The group into which jobs of the same or similar worth are placed for determining appropriate rates of pay.
Job Group One or a group of jobs having similar content, wage rates and opportunities. See 41 CFR 60-2.11(b). \r\n
Job offer letter A formal written document that is provided by an employer to a candidate selected for employment which outlines information regarding the employment terms, such as the date employment is to commence, the position the individual is being hired to perform, the agreed upon salary, benefits to be provided, etc. The employer usually requires the candidate to sign and return the letter as a formal acceptance of employment.
Job posting The method of advertising for vacancies internally by posting a notice of the opening on a bulletin board, etc.
Job pricing The process of determining pay rates for jobs within the organization by analyzing industry or regional salary survey data in order to establish appropriate job pay rates.
Job ranking The process of ranking all jobs within the organization in order of importance or worth.
Job redesign The process of restructuring a job by adding, changing or eliminating certain tasks or functions in order to make the job more satisfying or challenging.
Job reference immunity statutes Laws enacted in several states meant to provide employers with protection from liability when disclosing information regarding current or former employees. Typically for an employer to be immune from liability the reference provided must be factual and truthful, based on documented information and not be given with malicious intent.
Job rotation The practice of transferring employees for temporary periods of time between varying jobs within an organization. Often used as a training and development method.
Job sampling During the selection process, the term refers to the practice of observing and measuring how an applicant actually performs certain selected job tasks.
Job satisfaction Used to define how an employee feels regarding their job, work environment, pay, benefits, etc.
Job shadowing A temporary, unpaid work experience opportunity where students learn about a particular job (typically in a field of interest) by walking through the work day as a shadow to an employee.
Job sharing The practice of two different employees performing the tasks of one full-time position.
Job Specification The minimum qualification(s) the contractor identifies as necessary to perform a job. \r\n
Job title A specific name given to a particular job which is used to distinguish that job from other jobs within the organization.
Job-relatedness The requirement that an employer be able to demonstrate that a particular action, policy or job requirement is related to the actual job.
Johari Window A leadership disclosure and feedback model which can be used in performance measurement and features the four quadrants (windows) of “knowing”. Quadrant I – represents the area of free activity or public area, refers to behavior and motivation known to self and known to others. Quadrant II – represents the blind area, where others can see things in ourselves of which we are unaware. Quadrant III – represents the avoided or hidden areas, represents things we know but do not reveal to others, (e.g., a hidden agenda, or matters about which we have sensitive feelings). Quadrant IV - represents the areas of unknown activity, in which neither the individual nor others are aware of certain behaviors or motives.
Joint committee A committee of equal numbers of union and management representatives established by a contract to hear grievances arising under the contract.
Joint employment The relationship between a Professional employer organization or employee leasing firm and an employer, based on a contractual sharing of liability and responsibility for employees.
Joint/labor management committee A panel comprised of management and union representatives whose purpose is to address problems, resolve conflicts and build on relationships.
Journey Worker One who has completed an apprenticeship or otherwise possesses the full skills and licenses of workers in his/her trade. \r\n
Journeyman A craft worker who has completed apprenticeship training and has been admitted to full membership in a craft.
Judicial Review A court procedure to determine the legality of decisions issued by an arbitrator.
Jurisdiction The area of occupations or industries within which a union organizes and engages in collective bargaining.
Jurisdictional dispute A dispute between two or more rival unions over the right to perform certain work or represent workers.
Jurisdictional strike A strike resulting from a dispute between two rival unions over the representation rights of workers.
Just cause \r\n \r\n\r\nA legal term used as the guiding principle utilized by employers whenever engaging in some form of corrective action or discipline for employees. Just cause is determined by examining the reasonableness of the discipline according to a set of guiding principles (i.e. was the employee adequately forewarned that the particular behavior would result in discipline or termination; management conducted a fair and objective investigation of the facts prior to administering any discipline; rules, orders, and disciplinary action must be applied in a consistent and non-discriminatory manner; discipline must be reasonably related to the seriousness of the offense and the employee’s past work record, etc.)
Key employee Under FMLA statutes, a key employee is defined as a salaried employee who is among the highest-paid 10% of all workers employed by the employer within a 75-mile radius. Under ERISA, a key employee is defined as a plan participant who is a highly compensated officer or company owner.
Key performance indicators (KPI) Key Performance Indicators are quantifiable, specific measures of an organization’s performance in a certain area(s) of its business. . The purpose of KPI’s is to provide the company with quantifiable measurements of things it has determined are important to the organizational or business long-term goals and critical success factors . Once uncovered and properly analyzed, KPI’s can be used to understand and improve organizational performance and overall success. Also referred to as Key success indicators.
Key result areas Used to establish standards and objectives, key result areas are the chief tasks of a job identified during the job evaluation process.
Knowledge assets The parts of an organization’s intangible assets that relate specifically to knowledge, expertise, information, ideas, best practices, intellectual property and other capabilities.
Knowledge broker The individual who facilitates the creation, sharing and use of knowledge in an organization by linking individuals with providers.
Knowledge Integration Knowledge integration is broadly defined as the assimilation, extraction, transformation and loading of information from disparate systems into a single more unified, consistent and accurate data store used for evaluating, manipulating and reporting information.
Knowledge management The process of creating, acquiring, sharing and managing knowledge to augment individual and organizational performance.
Knowledge mapping A process used to create a summation of the knowledge an organization will need in order to support its overall goals, objectives, strategies and missions.
Knowledge worker Employees whose job functions are primarily of an intellectual nature.
Knowledge, skills and abilities (KSA’s) The attributes required to perform a job; generally demonstrated through qualifying experience, education or training.
Knowledge-based pay A salary differentiation system that bases compensation on an individual’s education, experience, knowledge, skills or specialized training. Also referred to as skill-based pay
Labor certification Labor certification is a statement from the U.S. Department of Labor (DOL) that a particular position at a particular company is "open" because no U.S. workers who satisfy the minimum requirements for the job are available. Alien labor certification programs are generally designed to assure that the admission of aliens to work in the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of U.S. workers.
Labor dispute As defined by the NLRA, “any controversy concerning the terms, tenure or conditions of employment, or concerning the association or representation of persons negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions or employment whether or not the disputants stand in the proximate relation of employer and employee.”
Labor force The number of employed individuals in the civilian workforce and armed services.
Labor law posting Federal and state regulations requiring employers to post in conspicuous places a variety of labor law posters, including, but not limited to, information regarding employee rights under EEO, FMLA, OSHA, ADA, FLSA, as well as other labor laws.
Labor organization As defined by the NLRA, “any organization, of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.”
Labor peace agreements (see also Neutrality Agreements) The public relations term the AFL-CIO has coined for neutrality agreements. They often contain clauses waiving rights under the NLRB regarding employer’s right to free speech, access to the premises by unions, waiving secret ballot elections, etc. Such agreements are being required by municipal governments, pursuant to AFL-CIO political pressure, as a condition for private businesses to bid on public contracts, zoning variances, building permits, etc.
Labor productivity The correlation between a given output and the percentage of labor time used to produce the output.
Labor-management contract A binding agreement governing wages, benefits, representation rights and other working conditions between a labor union and management.
Labor-Management Relations Act (LMRA) Also referred to as the Taft-Hartley act, establishes control of labor disputes on a new basis by enlarging the National Labor Relations Board and providing that the union or the employer must, before terminating a collective-bargaining agreement, serve notice on the other party and on a government mediation service.
Labor-Management Reporting and Disclosure Act of 1959 An act that provides for the reporting and disclosure of certain financial transactions and administrative practices of labor organizations and employers, to prevent abuses in the administration of trusteeships by labor organizations, to provide standards with respect to the election of officers of labor organizations, and for other purposes.
Landrum-Griffin Act of 1955 Also know as the Labor Management Reporting and Disclosure Act, it provides for the reporting and disclosure of certain financial transactions and administrative practices of labor organizations and employers, to prevent abuses in the administration of trusteeships by labor organizations, to provide standards with respect to the election of officers of labor organizations, and for other purposes.
Layoff The process by which workers are removed from the active payroll to the inactive payroll during a reduction-in-force (RIF). \r\n
Leadership The process, by which an individual determines direction, influences a group and directs the group toward a specific goal or organizational mission.
Leadership development Formal and informal training and professional development programs designed for all management and executive-level employees to assist them in developing the leadership skills and styles required to deal with a variety of situations.
Learning Style Learning styles are defined, classified, and identified in various ways. Broadly speaking, they are overall patterns that provide direction to learning and teaching. Learning style can also be described as a set of factors, behaviors, and attitudes that facilitate learning for an individual in a particular situation.
Leave sharing A leave program allowing employees to donate unused sick leave to a coworker who has exhausted all available sick leave and is out due to a long-term illness or injury.
Leave stacking Used to define the practice of scheduling leave under FMLA in such a manner that the employee’s leave allowance for two consecutive calendar years is uninterrupted. Typically occurs when an employer uses the calendar-year method for determining the 12-month period under FMLA.
Lesbian Women whose enduring physical, romantic, emotional, and/or spiritual attraction is to other women.
LGBT / GLBT Acronyms for "Lesbian, Gay, Bisexual, and Transgender."
Libel Defaming or harming an individual’s reputation in writing.
Life activity For purposes of Section 503 of the Rehabilitation Act and ADA, functions that are limited by a person's disability such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Life cycle recruiting a comprehensive recurring process commencing with recruitment need assessment, source evaluation and selection, selection assessment criteria, referencing criteria, and concluding with offer/acceptance.
Line of Progression A series of related jobs in a promotional sequence generally starting with less difficult, lower paying jobs and progressing to more difficult, higher paying jobs. Often, the lower jobs provide required training for movement to the higher level jobs. \r\n
Linkage Linkage is the connection between contractors and appropriate recruitment and/or training sources. When an underutilization of minorities or women in a job group is found and there are recruitment/training resources available that are able to refer qualified applicants to the contractor for consideration, the EOS will attempt in a Letter of Commitment or Conciliation Agreement to execute a linkage agreement with the contractor. (See Chapter 3, Section 3J.) \r\n
Litigation A legal proceeding occurring in a federal or state court of law to determine and enforce legal rights.
Living wage A wage rate that is sufficient for a worker and his or her family to exist comfortably.
Living wage ordinance Such laws are generally passed at the municipal or county level, setting a minimum wage rate to be paid within the jurisdiction of the governmental unit. Employers subject to the living wage are generally those who have or seek contracts with the governmental unit above a certain dollar amount and may apply to for-profit or nonprofit companies with a certain number of employees. The wage is linked to any number of indicators such as national poverty threshold, rise in consumer prices, consumer price indices or a multiple of federal, state or local Minimum Wages. Passage of such ordinances is often assisted and supported by the AFL-CIO and may contain any number of provisions linking such ordinances to unions.
Local union The organization of members of an international union in a particular facility, region, or locality.
Localization The strategy of applying locale-specific terminology and data to a specific product or application in order to meet the language, cultural and other requirements of a specific market.
Lockout Action taken by management to put pressure on a union to accept its bargaining proposal by not allowing unit employees to come in and work (the flip side of a strike).
Lockout/tagout rule An OSHA standard helping safeguard employees from hazardous energy while they are performing service or maintenance on machines and equipment. The standard identifies the practices and procedures necessary to shut down and lock out or tag out machines and equipment, requires that employees receive training in their role in the lockout/tagout program and mandates that periodic inspections be conducted to maintain or enhance the energy control program.
Long-term care insurance An insurance plan that provides coverage for individuals with long-term illnesses or disabilities by paying in whole or in part for long-term medical and nonmedical care services.
Lost workdays Refers to the particular number of days an employee is absent from work due to an injury or illness or the number of days which the employee is on restricted duty.
Lump-sum payment A fixed negotiated payment that is not typically included in an employee’s annual salary; often times given in lieu of pay increases.
Made whole A catchall phrase used in grievance and other legal action where a remedy is sought from an employer.
Maintenance-of-membership clause A collective bargaining provision stating that no worker be required to join the union as a condition of employment.
Maintenance-of-standards clause A contract clause that prohibits an employer from changing any condition of employment regardless of whether or not it is specifically outlined in the collective bargaining agreement without negotiating with the unions bargaining agent.
Make Whole Relief Remedies for discrimination that restore the victim of discrimination to his or her rightful place, i.e., the position, both economically and in terms of employment status that he/she would have occupied had the discrimination never taken place. Common elements of make whole relief include an award of the position the individual was wrongfully denied, back pay with interest, and retroactive seniority. \r\n
Malcolm Baldridge National Quality Award The Baldridge Award is given by the President of the United States to businesses—manufacturing and service, small and large—and to education and health care organizations that apply and are judged to be outstanding in seven areas: leadership; strategic planning; customer and market focus; measurement, analysis and knowledge management; human resource focus; process management; and results.
Management by Objective (MBO) A performance appraisal strategy in which subordinates determine and set goals for themselves based on the overall goals and objectives for the organization.
Management consultant An individual who works independently to assist and advise clients with managerial responsibilities regarding various organizational issues.
Management development Training and developmental programs designed to provide new managers and existing managers with the resources needed to become more effective in their roles.
Management official An individual who formulates, determines, or influences the policies of the agency. Such individuals are excluded from appropriate units.
Management prerogatives Refers to the rights that management believes are its own and therefore not subject to the collective bargaining process.
Management rights Clause in a collective bargaining agreement which, generally, describes those areas in which management retains complete authority to act. Note: as set forth below in waiver the standard adopted by the NLRB for an effective waiver of a union’s right to demand bargaining over mandatory subjects for bargaining (which is what management rights are), is clear and convincing evidence that the union agreed to waive its right to negotiate, which may be more strict than management rights language.
Mandatory Job Listing (MJL) The provision of the affirmative action clause at 41 CFR 250.4 that requires covered employers to list suit-able job openings with the local office of the State Employment Service. \r\n
Mandatory Retirement Age Law of 1978 A statute which prohibits (with the exception of exempted employees and positions) employers from having policies or practices that call for mandatory retirement of employees under the age of 70.
Mandatory subject of bargaining As defined by the NLRA, wages, benefits, hours of work, and other terms and conditions of employment. Parties in a collective bargaining process are required to negotiate in good faith about mandatory subjects, but are not required to make concessions or agree to any proposal and may press their case for or against a mandatory subject to the point of impasse. Also included are union security, dues check off, waiver or zipper clauses, no strike clauses, plant rules, discipline, grievance and dispute arbitration, subcontracting, etc. The general rule is for the proposal to be a mandatory subject it must meet a two-prong test: (1) the subject must “vitally affect” terms and conditions or job security of unit employees, and (2) it must represent a direct frontal attack on a problem thought to threaten the basic wage structure established by the collective bargaining agreement.
Manpower planning The process of assessing an employer’s current workforce content and composition in order to anticipate future staffing requirements needed to meet business goals and requirements.
Mass picketing Picketing by large numbers of people in close formation, typically used as an attempt to prevent access to company premises.
Master agreement A collective bargaining agreement which covers a number of employers (or one ore more of an employers single facilities) and one or more unions.
Material safety data sheet (MSDS) Required by OSHA, an MSDS is a detailed description of each hazardous chemical located in the workplace, which includes information regarding potential health risks, symptoms and treatment measures to be taken if exposure occurs.
Matrix organization An organizational structure where employees report to more than one manager or supervisor.
Mean wage The average wage for a worker in a specified position or occupation, which is determined by adding together the total wages for all incumbents in a specific position or occupation and then dividing it by the total number of incumbents.
Med arb A dispute resolution procedure whereby the parties agree to empower a neutral party to render a final and binding decision regarding the dispute if other mediation efforts have failed to result in an agreement between the parties.
Median The middle value in a series of values arranged in rank order.
Median wage The margin between the highest paid 50 percent and the lowest paid 50 percent of workers in a specific position or occupation.
Mediation A private negotiation and decision-making process in which a mediator assists individuals or groups in finding a resolution to a particular issue or conflict.
Mediation arbitration A process in which a neutral with authority to impose a settlement, first resorts to mediation techniques in an attempt to get the parties to voluntarily agree on unsettled matters, but who can later impose a settlement if mediation fails.
Medical examinations/testing A medical evaluation conducted on a post-offer basis by a company physician or an independent physician to ascertain whether or not a candidate is able to perform the physical requirements of a particular job.
Medical savings account (MSA) A savings account funded by employees through pre-tax contributions; can be used to pay for copayments, deductibles or medical expenses not covered by a health insurance benefit plan.
Medical savings accounts (MSA) Savings accounts designated for out-of-pocket medical expenses. In an MSA, employers and individuals are allowed to contribute to a savings account on a pre-tax basis and carry over the unused funds at the end of the year. One major difference between a Flexible Spending Account (FSA) and a Medical Savings Account is the ability under an MSA to carry over the unused funds for use in a future year, instead of losing unused funds at the end of the year. Most MSAs allow unused balances and earnings to accumulate. Unlike FSAs, most MSAs are combined with a high-deductible or catastrophic health insurance plan.
Medicare A health insurance program administered by the Social Security Administration which is broken into two distinct categories: 1) Medicare Part A helps with hospital costs; and 2) Medicare Part B requires a monthly fee and is used to pay medical costs for people 65 years of age and older, some disabled people under 65 years of age and people with end-stage renal disease (permanent kidney failure treated with dialysis or a transplant).
Meet-and-confer negotiations A public sector negotiation procedure in which the final decision as to terms and conditions of employment for public employees are determined by a public employer.
Member in good standing Union members who have fulfilled requirements for the organization and who have not voluntarily withdrawn, been expelled, or suspended from membership.
Member-to-member network A communications technique designed to allow the leaders of a local union to communicate personally and quickly with members.
Members only contract Collective bargaining agreement that applies only to those employees who are members of the union. This is an illegal and unenforceable contract.
Mental Health Parity Act (MHPA) of 1996 Prohibits group health plans and insurance companies that offer mental health benefits from setting annual or lifetime limits on mental health benefits that are lower than those limits set for any other condition.
Mentoring A career development method whereby less experienced employees are matched with more experienced colleagues for guidance either through formal or informal programs.
Merger The joining of two or more different organizations under one common owner and management structure.
Merit pay A compensation system whereby base pay increases are determined by individual performance.
Merit Resolutions \r\n Charges with outcomes favorable to charging parties and/or charges with meritorious allegations. These include negotiated settlements, withdrawals with benefits, successful conciliations, and unsuccessful conciliations.
Merit system A compensation system whereby base pay increases are determined by individual performance.
Metrics A measure used to determine the effectiveness and value of implemented HR programs in increasing performance and profits.
Midterm bargaining The right, under certain circumstances, to initiate bargaining during the term of a collective bargaining agreement.
Minimum qualifications The attributes of a job description which establishes a baseline for meeting the qualifications for a particular position.
Minimum wage The smallest hourly wage that an employee may be paid for all hours worked, as mandated by federal or state law.
Minorities Men and women of those minority groups for whom EEO-1 reporting is required; i.e., Black, Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native. As used in this Manual, the term may mean these groups in the aggregate or an individual group. See EEO-1 for further explanation. \r\n
Minority business enterprise A small business enterprise that is at least 51 percent owned by one or more minorities or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minorities and whose management and daily business operations are controlled by one or more minorities.
Mission statement A statement illustrating what the company is, what the company does and where the company is headed.
Monopoly A persistent market situation where there is only one provider of a particular product or service.
Moonlighting Working one or more full- or part-time jobs in addition to an individual’s regular full-time job.
Multiemployer bargaining Collective bargaining between one or more employer in a particular industry which results in one master contract.
Myers-Briggs Type Indicator A psychological test used to assess an individual’s personality type.
National consultation rights In the Federal government, a union which has exclusive recognition on an agency-wide basis or is the exclusive representative of a substantial number of agency employees is granted consultation rights.
National emergency strike National emergency strikes are those that can endanger national health or safety. The president may appoint a board of inquiry charged with making a report of the situation. Based upon this report, the president could apply for an injunction restraining the strike for 60 days. If there has been no resolution at the end of 60 days, the injunction can be extended for another 20 days. During this period, employees are polled in a secret ballot to determine their willingness to comply with the terms of their employer's last offer.
National Labor Relations Act (NLRA) of 1947 The National Labor Relations Act (NLRA), passed in 1935, provides that all employees have the right to form, join and assist labor organizations and to bargain collectively with their employers.
National Labor Relations Act of 1935 (NLRA) The National Labor Relations Act (NLRA), passed in 1935, provides that all employees have the right to form, join and assist labor organizations and to bargain collectively with their employers.
National Labor Relations Board (NLRB) The National Labor Relations Act is administered by the NLRB, a five-member board appointed by the president, along with a General Counsel acting through more than 45 regional and other field offices of the board. They investigate and prosecute unfair labor practice cases and conduct elections to determine employee representation.
National origin The country--including those that no longer exist--of one's birth or of one's ancestors' birth. "National origin" and "ethnicity" often are used interchangeably, although "ethnic group" can refer to religion or color, as well as country of one's ancestry.
National union The national organization of a labor union.
Native Hawaiian or Other Pacific Islander A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
Naturalization The process by which an alien is made a citizen of the United States of America and relinquishes citizenship to any other country.
Needs analysis A method of analyzing how employee skill deficits can be addressed through current or future training and professional development programs, as well as determining the types of training/development programs required and how to prioritize training/development.
Negligent hiring A claim made against an employer based on the premise of an employer’s obligation to not hire an applicant the employer knew or should have known was unsuitable and likely to behave inappropriately toward other employees.
Negligent referral Negligent referral is defined as the failure of an employer to disclose complete and factual information about former or current employee to another employer.
Negligent retention The act of failing to take appropriate disciplinary action (i.e., termination) against an employee the employer knew or should have known was unsuitable.
Negotiability Refers to whether a given topic is subject to bargaining between an agency and the union.
Negotiability appeal If an agency believes that a union proposal is contrary to law or applicable regulation, or is otherwise nonnegotiable under the statute, it may inform the union of its refusal to negotiate
Negotiated grievance procedure A systematic procedure agreed to by the negotiating parties for the resolution of grievances.
Negotiation A process whereby members of management and the union bargain over terms and conditions of employment during collective bargaining.
Nepotism Favoritism shown to relatives by individuals in a position of authority, such as managers or supervisors.
Netiquette Refers to Internet use rules of conduct, involving respecting others' privacy and not doing anything online that is offensive, annoying or frustrating to other people.
Neutral A disinterested third party who acts as a conciliator, mediator, fact finder, or arbitrator in order to facilitate a settlement in dispute.
Neutrality agreements (see also Labor Peace Agreements) An agreement between the employer and a union, wherein the employer agrees not to resist the union’s organizing attempts. Such agreements may include, among other things: Facility access for the union; card checks for recognition; prohibitions on the employer from making any negative comments regarding the union; providing the employees the address and phone number of the union organizer at hire and a variety of other similar provision. Such agreements are often politically driven.
New Hire A worker added to an establishment's payroll for the first time. Compare with "Rehire." \r\n
Newborns’ and Mothers’ Health Protection Act (NMHPA) of 1996 Requires a minimum length of hospital confinement in conjunction with childbirth. This requirement applies to health plans and health insurance companies that provide hospital stays for childbirth in their policies. The law provides that coverage for a hospital stay following a normal delivery may not be limited to less than 48 hours for both the mother and newborn, and for a cesarean section not less than 96 hours.
No Reasonable Cause \r\n EEOC's determination of no reasonable cause to believe that discrimination occurred based upon evidence obtained in investigation. The charging party may exercise the right to bring private court action.
No-man’s land Refers to the unclear jurisdiction between federal, state and local governments during labor disputes.
No-raiding agreement An agreement between individual international unions in which they respectively promise not to engage in the practice of persuading employees to leave one union to join another once the initial bargaining relationship has been established.
No-strike clause A provision in a collective bargaining contract where the union promises that during the life of the contract the employees will not engage in strikes, slowdowns, or other job actions.
Nominal group technique A consensus planning tool used to identify the strengths of an organization, department or division, whereby participants are brought together to discuss important issues, problems and solutions.
Non-exempt employee An employee who does not meet any one of the Fair Labor Standards Act exemption tests and is paid on an hourly basis and covered by wage and hour laws regarding hours worked, overtime pay, etc.
Noncompete agreement A contract restricting an employee from obtaining employment with a competitor within a specified industry, distance and/or time frame.
Noncompliance A contractor's failure to adhere to the conditions set out in the contract's equal opportunity and/or affirmative action clauses and/or the regulations implementing those clauses (41 CFR Chapter 60) and/or failure to correct violations. \r\n
Nondisclosure agreement A contract restricting an employee from disclosing confidential or proprietary information.
Nondiscrimination The practice of not discriminating against members of disadvantaged or protected groups in hiring practices, policies, benefits or conditions of employment.
Nonexempt employee An employee who does not meet any one of the Fair Labor Standards Act exemption tests and is paid on an hourly basis and covered by wage and hour laws regarding hours worked, overtime pay, etc.
Nontraditional employment Used to define occupations or specific fields where women typically comprise less than 25 percent of the workforce.
Normative forecasting A method of projecting future needs in order to determine what developments will be required to meet those needs.
Norris-LaGuradia Act (Anti-Injunction Act) One of the first laws to protect the rights of workers so they can engage in activities brought onto by the unions. In addition, the act gave labor unions the right to organize, strike, and use other forms of leverage against management without the interference of the federal court.
North American Free Trade Agreement (NAFTA) An agreement reached by the United States, Canada and Mexico that instituted a schedule for the phasing out of tariffs and eliminated a variety of fees and other hindrances to encourage free trade between the three North American countries.
Notice In wrongful discharge cases, this doctrine is used to determine whether or not an employer gave an employee adequate advanced notice of the potential consequences if a specific behavior or conduct was not improved upon.
Notice of Alleged Noncompliance (15 Day Notice) A letter from OFCCP to a contractor informing it that the agency believes the contractor has violated the terms of a Conciliation Agreement and that enforcement proceedings may be initiated unless the contractor demonstrates within 15 working days from its receipt of the letter that it has not violated its commitments under the Agreement. \r\n
Notice of Violation (NOV) A letter from OFCCP notifying the contractor that the agency has found violations of the Executive Order, Section 503 and/or 38 U.S.C. �4212 during a compliance review, and the remedies that are required to resolve those violations. \r\n
O*Net (Occupational Information Network) Administered and sponsored by the U.S. Department of Labor's Employment and Training Administration, the Occupational Information Network--O*NE--is a database that replaced the Dictionary of Occupational Titles (DOT) as the nation's primary source of occupational information.
Objections to elections Charges filed with the FLRA contesting election results because of alleged irregularities in the conduct of a representational election.
Objective A specification of what is to be accomplished, the timeframe in which it is to be accomplished and by whom.
Objective Criteria/Procedures A criterion is objective if it is fixed and measurable. The central characteristic of an objective criterion is that it can be independently verified; i.e., different people measuring objective criteria will reach the same results. Compare with "Subjective Criteria/ Procedures." \r\n
Observation interview The process of observing employees while performing their respective jobs or tasks, used to collect data regarding specific jobs or tasks.
Occupational groups Used to classify specific occupations into a specific category, such as professionals, technical/hi-tech, administrative/clerical, sales, service, retail, etc.
Occupational illness/disease Defined by OSHA as "any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to factors associated with employment."
Occupational injury An injury sustained during the course of employment, which results in the employee requiring medical treatment other then minor first aid and which results in the employee being absent from work as a result of such injury for one or more work days or results in work restrictions.
Occupational Safety and Health Act (OSHA) of 1970 A law setting forth standards that employers must comply with in order to provide working conditions that are safe and free from any health hazards for all employees. Additionally, the law also requires employers to provide employees with protection against workplace hazards that could result in illness, injury or death to an individual, as well as to communicate to employees the information on hazardous materials or chemicals they may be required to handle.
Occupational Safety and Health Act of 1970 (OSHA) A law setting forth standards that employers must comply with in order to provide working conditions that are safe and free from any health hazards for all employees. Additionally, the law also requires employers to provide employees with protection against workplace hazards that could result in illness, injury or death to an individual, as well as to communicate to employees the information on hazardous materials or chemicals they may be required to handle.
Occupational Safety and Health Administration A Department of Labor office responsible for overseeing and assuring the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.
OFCCP Office of Federal Contract Compliance Programs (OFCCP)\r\n\r\nOFCCP administers and enforces three legal authorities that require equal employment opportunity: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212. Taken together, these laws ban discrimination and require Federal contractors and subcontractors to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, national origin, disability or status as a Vietnam era or special disabled veteran.
Off-duty hours Used to define the periods of time during which an employee is totally and completely relieved of any and all job duties and is free to attend to his or her own personal activities.
Office of Federal Contract Compliance (OFCCP) Division of the Employment Standards Administration in the Department of Labor responsible for enforcing three statutes for federal contractors and subcontractors: Executive Order No. 11246, the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act. OFCCP enforces the three laws through the use of compliance reviews, complaint investigations, administrative procedures and judicial procedures.
Office of Federal Contract Compliance Programs Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three legal authorities that require equal employment opportunity: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212. Taken together, these laws ban discrimination and require Federal contractors and subcontractors to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, national origin, disability or status as a Vietnam era or special disabled veteran.
Office of Federal Contract Compliance Programs(OFCCP) Division of the Employment Standards Administration in the Department of Labor responsible for enforcing three statutes for federal contractors and subcontractors: Executive Order No. 11246, the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act. OFCCP enforces the three laws through the use of compliance reviews, complaint investigations, administrative procedures and judicial procedures.
Office of Personnel Management (OPM) An agency that issues government-wide regulations on personnel matters that may have a substantial impact on the scope of bargaining; consults with labor unions on those regulations; provides technical advice and assistance on labor-management relations matters to Federal agencies.
Offshoring The practice of relocating business processes, such as production/manufacturing, to a lower cost international location.
Older Workers Benefit Protection Act (OWBPA) of 1990 OWBPA amended the ADEA prohibiting all employers from age discrimination in employee benefits programs by either providing equal benefits for older and younger workers or by spending an equal amount on benefits for both groups. It also provides specifications on the requirements for ADEA waivers.
On-call pay Additional compensation awarded to employees who are required to remain on call during off-duty hours.
On-call time Used to define periods of time when an employee is off duty but is required to remain on or close to the company premises or to respond to a call or page within a specified period of time, resulting in the employee being unable to effectively use such time to attend to his or her own personal activities.
On-the-job training Training provided to employees by managers and supervisors; conducted at the actual worksite utilizing demonstration and actual performance of job tasks to be accomplished.
Open enrollment period The period of time designated by the employer’s health or other benefit plan when employees may enroll in new benefit plans or make changes to existing benefit plans.
Open period Refers to the specific period prior to the expiration of contract where petitions for exclusive representative status are considered timely.
Open shop An organization that hires workers without regard to their membership in a labor union.
Open-book management A management strategy emphasizing employee empowerment by making the organization’s financial data available to all employees. The goal of this type of management program is to make employees view themselves as more of a business partner and increase their awareness of how their actions and decisions affect the organization’s bottom line.
Operating budget A detailed projection of all projected income and expenses during a specified future period.
Opinion letter A written document issued by government agencies used to provide a ruling on a particular issue.
Opinion survey A tool used to solicit and assess employee opinions, feelings, perceptions and expectations regarding a variety of managerial and organizational issues.
Opposition to exception to arbitration award If a party files an exception to an arbitrator’s award, the other party may oppose the exception to the Authority in accordance with 5 CFR 2425.1. 23.
Opt-out provision An employer benefit plan provision that offers cash, extra benefits or additional credits in return for an employee reducing the level of benefits he or she selects under a flexible benefit/cafeteria-style program or providing extra cash compensation to those employees who choose not to elect any benefit coverage.
Oral reprimand A verbal warning given to an employee by a manager or supervisor as a means of correcting inappropriate behavior or conduct.
Organization A right reserved to management. According to the FLRA, this right encompasses an agency's authority to determine its administrative and functional structure, including the relationship of personnel through lines of control and the distribution of responsibilities for delegated and assigned duties.
Organization chart A graphic representation outlining how authority and responsibility are distributed within an organization.
Organization culture An organization’s attitude and values regarding itself, employees, customers and the general public. It encompasses the manner things are done within the organization based on defined policies and practices.
Organization development A planned organization-wide effort to improve and increase the organization’s effectiveness, productivity, return on investment and overall employee job satisfaction through planned interventions in the organization's processes.
Organization planning The process of transforming an organization’s goals, objectives, philosophy and mission into practices and policies.
Organizational behavior modification theory A motivational theory suggesting that an individual will behave in a manner that helps him or her avoid potential negative outcomes and achieve agreeable outcomes.
Organizational design The process of establishing and arranging the elements of an organization’s structure.
Organizational display An organizational display is a detailed graphical or tabular chart, text, spreadsheet or similar presentation of the contractor's organizational structure. It must identify each organizational unit in the establishment and show the relationship of each organizational unit to the other organizational units in the establishment.
Organizational profile An organizational profile is a depiction of the staffing pattern within an establishment. It is one method contractors use to determine whether barriers to equal employment opportunity exist in their organizations. It provides an overview of the workforce at the establishment that may assist in identifying organizational units where women or minorities are underrepresented or concentrated.
Organizational structure The design of an organization that identifies the organization’s hierarchal reporting and authority relationships.
Organizational survey The process of evaluating and analyzing an organization’s structure and other major components to determine whether they are suitably meeting the organization’s current and future needs.
Organizational transformation Refers to organization-wide changes, such as restructuring operations, introducing new technologies, processes, services or products, implementing new programs, re-engineering, etc.
Organizational Unit A department, division, branch, section or other organ-izational entity of a contractor that operates as a single unit under a common head. \r\n
Organizing committee The employees in a non-union shop who are designated to represent their co-workers during the representation campaign.
Organizing model of unions The concept that the primary function of a union's officers and staff is to organize members to exert collective power to solve problems.
Orientation The introduction of employees to their jobs, co-workers and the organization by providing them with information regarding such items as policies, procedures, company history, goals, culture and work rules.
Other eligible Veteran Other eligible veterans are those individuals who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized.
Outcomes assessment A strategy used to evaluate and measure the results of an instructional method or program.
Outlaw strike Also know as a wildcat strike, it is an unauthorized work stoppage while a labor contract is still in effect.
Outplacement A benefit offered by the employer to displaced employees that may consist of such services as job counseling, training and job-finding assistance.
Outreach programs A method of keeping employees informed of company programs and services available to them by utilizing such things as postings, newsletters, memos or meetings.
Outsourcing A contractual agreement between an employer and an external third-party provider whereby the employer transfers responsibility and management for certain HR, benefit or training-related functions or services to the external provider.
Overtime In accordance with the Fair Labor Standards Act (FLSA), it is the term used to define work that is performed in excess of 40 hours per week.
OWBPA amended the ADEA prohibiting all employers from age discrimination in employee benefits progra A neutral third party that helps individuals or groups in conflict resolve disputes by mediating, coaching and facilitating communication between the parties and recommending an appropriate resolution.
Pacific Islander See "Asian/Pacific Islander."
Package bargaining A negotiating technique whereby contract proposals are grouped into a “package” usually offering substantial concessions by one party, in exchange for substantial gains.
Paid leave bank A benefit program granting employees a bank consisting of a specific number of paid days that can be used for absences related to sickness, vacation or personal reasons.
Paid time off (PTO) A benefit program granting employees a specific number of vacation or personal days off which that are paid by the employer. The number of days is generally based on the employer’s policy for accrual of paid time off.
Paired comparison A form of rating, in which the rater compares, one by one, the performance of each member in a group with the performance of every other member in the group.
Paper locals A term used to describe a local union that has no members.
Parental leave A benefit designed to provide employees with approved paid or unpaid time off following the birth or adoption of a child or to care for a dependent.
Pareto chart A bar graph used to rank in order of importance information such as causes or reasons for specific problems, so that measures for process improvement can be established.
Parity A term used in the public sector to describe the ratio an employer maintains between the salaries for specific jobs.
Parole evidence A guideline governing the admission of evidence during an arbitration hearing.
Part-time employee An individual who continually works less than 40 hours per week (standard workweek hours are based on individual employer policy, therefore, a 40-hour workweek is only a guideline; this number could be higher or lower).
Partial disability An illness or injury that prevents an individual from performing one or more functions of his or her job.
Participative management A management style, developed by Motorola, that involves employees in the decision-making process.
Particularized need The Authority’s analytical approach in dealing with union requests for information under title 5, United States Code, section 7114(b)(4).
Partnership A form of employee participation established pursuant to Executive Order 12871 in which the parties are expected to deal with matters relating to improving the performance of the agency in a non-adversarial, non-litigious manner.
Past practice A consistent action or behavior with respect to an issue that over time employees, the union and the employer have come to recognize the standard.
Paternity leave A benefit designed to provide fathers of newborn children with paid or unpaid time off from work following the birth of the child.
Pattern bargaining A form of negotiation in which the terms reached in a particular company’s settlement agreement are closely adopted by other companies.
Pattern or Practice Discrimination Employer actions constituting a pattern of conduct resulting in discriminatory treatment toward the members of a class. Pattern or practice discrimination generally is demonstrated in large measure through statistical evidence, and can be proven under either the disparate treatment or disparate impact model.
Pay adjustment Any change made to the pay rate of an employee, such as an increase or decrease to the rate of pay.
Pay compression A situation occurring when only a small difference in pay exists between employees, regardless of their knowledge, skills, abilities or experience. Oftentimes, it is the result of a market-rate for a given job surpassing the increases historically awarded to long-term employees.
Pay grades A method used to group jobs together that have approximately the same relative internal worth and are paid at the same rate.
Pay range Associated with pay grades, the range sets the upper and lower compensation boundaries for jobs within that range.
Pay structure A structure of job grades and pay ranges established within an organization. May be expressed as job grades or job evaluation points.
Payback agreement An agreement between an employer and an employee used primarily for relocated employees, stating that an employee will not voluntarily terminate his or her employment with the organization for a specified duration of time, effective from the date of relocation. Failure to abide by the terms of the agreement results in the employee being responsible for paying back a portion of any and all costs incurred by the employer on the employee’s behalf. Also used by employers that pay for expensive job-related or professional development training or educational courses.
Payroll records Documentation created and maintained by the employer, which contains information regarding hours worked, salaries, wages, commissions, bonuses, vacation/sick pay, contributions to qualified health and pension plans, net pay and deductions for all employees on the employer’s payroll for the year.
Peer appraisal A performance appraisal strategy whereby an employee is reviewed by his or her peers who have sufficient opportunity to examine the individual’s job performance.
Pension plan An employer benefit plan funded through insurance, a trust, general assets or other separately maintained funds designed to provide employees with a monthly income benefit upon retirement.
Perceived disability A person who does not meet the definition of a disabled individual in accordance with the Americans With Disabilities Act but is regarded by his or her employer as having a mental or physical disability .
Performance appraisal A periodic review and evaluation of an individual's job performance.
Performance counseling The process of improving employee performance and productivity by providing the employee with feedback regarding areas where he or she is doing well and areas that may require improvement.
Performance improvement plan A plan implemented by a manager or supervisor that is designed to provide employees with constructive feedback, facilitate discussions between an employee and his or her supervisor regarding performance-related issues, and outline specific areas of performance requiring improvement.
Performance management The process of maintaining or improving employee job performance through the use of performance assessment tools, coaching and counseling as well as providing continuous feedback.
Performance monitoring The practice of monitoring employees while they perform their jobs through the use of surveillance cameras, telephone or computer monitoring.
Performance standards The tasks, functions or behavioral requirements established by the employer as goals to be accomplished by an employee.
Performance-based pay A variable pay strategy that pays employees based on their individual performance and contributions, rather than the value of the job they are performing.
Permanent injunction A court-issued order requiring a party to either do or refrain from doing a certain act.
Permanent replacements Individuals hired to permanently replace an employee engaged in a strike. At the end of the strike, permanent replacements are not taken off the job but rather continue to work. Returning striker are recalled to work as vacancies for which they are qualified, are created due to attrition, growth, or other means. Unions refer to all replacement employees as “scabs.”
Permanent umpire An arbitrator who has been chosen by both management and the union to serve for a specified period of time or the duration of the contract.
Permissive subject of bargaining Subjects that are not mandatory nor illegal. These subjects may be proposed in the negotiations, but neither side may insist that they be included in the agreement (another way of stating this is to say the other side has no obligation even to discuss them if they do not wish to). Included as permissive topics are: interest arbitration, benefits for non-employees (such as retirees), changes in the composition of the certified or recognized bargaining unit, selection of bargaining representative, internal union affairs, inclusion of supervisors, settlement of an unfair labor practice charge, etc.
Personal days A benefit designed to provide employees with an allotment of paid days off in addition to holidays, sick days or vacation days, which they can use to attend to personal matters.
Personal protective equipment Clothing and other work accessories (i.e., safety glasses, hearing protection, etc.) designed to create a barrier against potential workplace hazards.
Personality test A test instrument usually involving a standardized series of questions that are used to evaluate an individual’s personality characteristics.
Personnel records All information pertaining to individual employees, which is collected and maintained by the employer and is essential to the employer for handling various employment-related matters.
Phased retirement A work schedule arrangement that allows employees to gradually reduce their full-time hours over a period of time.
Phone banking Refers to the practice of telephoning large numbers of members to inform them of a union policy or action or to gather information.
Phone tree Refers to the network of volunteer members in which one member calls a list of members, each of whom calls another list of members, so on so forth.
Physical & Mental Job Qualification Requirements Physical and mental standards that an employer requires a person performing or applying for a job to meet.
Physical ability test A test instrument used to determine an individual’s ability to perform the functions or tasks of a job where physical strength or endurance is required.
Physical examination A medical examination performed by a company physician or an independent physician to ascertain whether or not an individual is able to perform the physical requirements of a particular job.
Picketing Generally, activity at the location of a labor dispute that involves patrolling and the carrying of placards. This definition has been expanded to include activities where persons did not carry signs but rather had signs posted nearby and to situations where persons were not sitting in their cars keeping warm. A key element is that a “signal” is sent to others whether the substance of the dispute is known or not and regardless of whether the message on the placards is read. Generally, hand billing without the carrying of placards or patrolling is not “picketing” and is protected by the First Amendment of the Constitution.
Piece rate A per-piece rate system that pays employees based on the number of pieces produced.
Pink slip A written or verbal notice given to employees who are being terminated or laid-off.
Placement In this Manual, placement is often used in the context of the selection or assignment of individuals in a particular job.
Placement goals Other eligible veterans are those individuals who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized.
Plan administrator An individual or plan sponsor designated by the instrument under which the plan is operated to be responsible for the administration of pension and welfare benefit plans.
Policy A written statement that reflects the employer’s standards and objectives relating to various employee activities and employment-related matters.
Policy/procedures manual A detailed written document designed to assist managers and supervisors in carrying out their day-to-day responsibilities by acquainting them with all of the organization's policies and the procedures required to implement those policies.
Portable pension plan A pension plan designed to allow employees the ability to transfer accrued pension benefit credits earned with one employer to another.
Portal-to-Portal pay Compensation for all expenses incurred while traveling from door to door. Portal-to-portal pay is used in business organizations for business-related purposes, such as business travel where all expenses including transportation are covered.
Position control A workforce planning tool that imposes certain rules or restrictions on the creation, and filling of positions as a means to manage and control the costs associated with any given position within the organization.
Positive discipline A disciplinary strategy geared toward reducing and improving an individual’s unfavorable behavior or conduct by rewarding positive behavior rather than focusing on and punishing negative behavior.
Positive reinforcement The process of acknowledging specific behaviors with positive feedback, such as a smile, praise or reward.
Post- tax contributions Contributions made to a benefit plan that are subject to applicable state or federal tax withholding requirements.
Post-accident testing The process of testing an employee involved in a workplace accident for the presence of drugs or alcohol.
Poverty index A measurement that establishes the minimum income required to provide an adequate standard of living.
Practitioner An individual who practices a learned profession.
Pre-employment Medical Examination An evaluation of the health status of an applicant for employment.
Pre-employment testing The practice of issuing tests to potential employees on a pre-employment basis in order to determine an applicant’s suitability for a certain position. These tests may include, but are not limited to, drug and alcohol tests, medical examinations, skills tests, physical agility tests, honesty/integrity tests or personality tests.
Pre-tax contributions Contributions made to a benefit plan that are exempt from all applicable state or federal tax withholding requirements.
Predetermination Notice A letter in which OFCCP notifies the contractor of its preliminary finding that the contractor has engaged in a pattern or practice of discrimination. The Notice states the basis for the preliminary findings and offers the contractor the opportunity to respond.
Predictive validity Used in the test validation process to measure the relationship between test scores and actual job performance.
Preexisting condition Any condition for which a person is currently receiving treatment, has been advised to receive treatment or for which a prudent person would seek treatment.
Preferential hiring A hiring tactic in which employers agree that when hiring new employees, they will give preferential treatment to union members.
Pregnancy Discrimination Act (PDA) of 1978 An amendment to Title VII of the Civil Rights Act of 1964 prohibiting discrimination on the basis of pregnancy, childbirth or related medical conditions, requiring pregnancy or related conditions to be treated in the same manner as any other temporary disability.
Premium only plan (POP) Considered to be the most basic type of Section 125 plan, a POP is a benefit plan that is designed to allow employees to elect to make premium contributions on either a pre-tax or post-tax basis.
Premium pay dditional compensation paid for work performed outside of regularly scheduled work hours.
Prepaid group legal plan A benefit plan that provides employees, their spouses or dependents with assistance in obtaining legal services, which have been prepaid in whole or in part by the employer.
Prerequisites A form of incentives generally given to executive employees granting them certain privileges or special consideration, such as memberships in clubs, physical fitness programs, financial counseling, etc.
Prescription drug benefits Typically a provision included in a group health plan designed to provide covered employees and their dependents with payment assistance for medically prescribed drugs.
Prevailing wage A rate of pay determined by the U.S. Department of Labor based upon the geographic area for a given class of labor and type of project.
Prima Facie Case A legal term that refers to a case sufficient on its face to prevail in the absence of contradictory evidence.
Primary boycott Used by employees and their union to gain certain concessions from an employer, a boycott is an organized refusal by employees and their labor union to deal with the employer.
Privacy Refers to information about an employee which he or she regards as personal or private (i.e., medical information, financial data, etc.) and the right of that individual to not have such information shared with others.
Private letter ruling A formal document issued by the Internal Revenue Service announcing tax decisions or changes.
Pro forma The term pro forma comes from the Latin phrase meaning, "as a matter of form". The term is very broad and its meaning depends on the context in which it is being used. Basically it is a term used to describe the presentation of data, usually financial statements, where the data reflects information as if the state of the world were different from that which is in fact the case.
Probation Used as a form of discipline, it is a specified period of time during which an individual’s performance or conduct is closely monitored.
Probationary period A specified period of time (typically 30-90 days) where a newly hired, promoted or transferred employee’s job performance is evaluated. Primarily used by supervisors to closely observe an employee’s work, help the employee adjust to the position and reject any employee whose performance does not meet required standards.
Problem Areas Aspects of the contractor's employment decisions, policies, or practices that appear to raise questions regarding the contractor's compliance with the Executive Order, Section 503 or 38 U.S.C. �4212.
Process reengineering The process of improving business practices or methods by creating and implementing new processes or making changes to existing processes.
Production worker An employee who is directly involved with the manufacture of a particular product.
Productivity The measurement of output to input used to gauge production efficiency.
Productivity bargaining A collective bargaining agreement that provides employees with increases based on the employers realized productivity gains.
Professional employee An employee who has undergone advanced or specialized training in a particular field of learning and whose work is predominantly intellectual in nature.
Professional Employer Organization (PEO) An organization that enters into a join-employment relationship with an employer, by leasing employees to the employer, allowing the PEO to share and manage many employer-related responsibilities and liabilities. Employers outsource their human resource functions, such employee benefits, compensation and payroll administration, workers’ compensation and employment taxes.
Profit sharing A qualified retirement plan established and maintained by an employer which enables employees and their beneficiaries to participate in the profits of the employer's business.
Profit sharing plan A qualified retirement plan established and maintained by an employer which enables employees and their beneficiaries to participate in the profits of the employer's business.
Progression Line Charts Written listings of a contractor's line of progression. See "Line of Progression."
Progressive discipline A form of discipline whereby increasingly harsher penalties are awarded each time an employee is disciplined for the same or a different performance infraction or policy or work-rule violation. Generally, the sequence is an oral warning to written warnings to suspension and finally termination.
Prohibited Factor A factor prohibited by law from being used in making employment decisions. Under Executive Order 11246, as amended, the prohibited factors are race, color, religion, sex and national origin. Under Section 503, the prohibited factor is handicap; under 38 U.S.C. �4212, it is status as a special disabled or Vietnam era veteran.
Promotable Minorities and Women Minorities and women who are qualified and eligible for promotion based upon valid selection criteria.
Promotable or Transferable In the context of developing data for availability, those employees who are currently employed in a job group or groups that serve or could serve as a source from which selections are or could be made for other job groups.
Promotion Any personnel action resulting in movement to a position affording higher pay and/or greater rank, and/or requiring greater skill or responsibility, or the opportunity to attain such.
Proof of Discrimination "Proofs" of discrimination are the factual formulations which show that discrimination under a particular theory exists. These formulations describe the kinds of facts needed to show a nexus between a particular adverse action or result and a particular prohibited factor. Proof requires evidence; see "Anecdotal Evidence," "Comparative Evidence," and "Statistical Evidence."
Proprietary information Information associated with a company's products, business or activities, including such items as financial data; trade secrets; product research and development; product designs; marketing plans or techniques; computer programs; processes; and know-how that has been clearly identified and communicated by the company as proprietary, a trade secret or confidential.
Protected concerted activities The basic activity protected by the NLRA. Activities by more than one person (concerted, although there are cases where the NLRB or courts have found that the activities of one person are “deemed” to be concerted) for the purposes of collective bargaining or other mutual aid or protection (protected activities). Activities that are generally protected include engaging in work stoppages, honoring picket lines, filing or processing grievances, safety related protests, protests of employment discrimination, appeals to regulatory agencies or courts (it is not necessary that the basis of the protest be meritorious). Discipline and/or discharge of employee(s) for participation in such activities may b a violation of the NLRB. Activities that are not protected include, but are not limited to, sit down strikes, some breaches in confidentiality, some forms of disloyalty.
Protected characteristics Legal terminology referring to areas protected by federal or state statutes.
Protected class A legal term describing certain groups, such as women, older and disabled individuals, Vietnam-era veterans and minorities.
Psychological test A written, visual or verbal assessment administered to determine cognitive and emotional skills.
Public employment relations board or commission (PERB or PERC) An administrative agency that is responsible for providing impartial, efficient and expert resolution of labor-management disputes and interpretation of state labor laws for public employers.
Qualified disabled person A qualified disabled person is an individual with a disability who is capable of performing a particular job, with or without reasonable accommodation.
Qualified domestic relations order (QDRO) An order, decree, judgment or administrative notice (including a settlement agreement) that establishes the rights of another person (the “alternate payee”) to benefits; issued by a domestic relations court or other court of competent jurisdiction or through an administrative process established under state law.
Qualified Individual with a Handicap(s) An individual with handicaps (see above) who is capable of performing a particular job, with or without reason-able accommodation to his or her handicap. Reasonable Accommodation (Section 503) (a) Any modification or adjustment to a job application process that enables a qualified individual with handicaps to be considered for the position such qualified individual desires, and which will not impose an undue hardship on the contractor's business (see, "Undue Hardship" below); or (b) Any modification or adjustment to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enables a qualified individual with handicaps to perform the essential functions of the position, and which will not impose an undue hardship on the operation of the contractor's business; or (c) Any modification that enables a contractor's employee with handicaps to enjoy equal benefits and privileges of employment as are enjoyed by its other similary situated employees without handicaps, and which will not impose an undue hardship on the operation of the contractor's business. Reasonable accommodation may include but is not limited to: (1) Making existing facilities used by employees readily accessible to and usable by individuals with handicaps; (2) Job restructuring; part-time or modified work schedules; (3) Reassignment to a vacant position; (4) Acquisition or modifications of equipment or devices; (5) Appropriate adjustment or modifications of examinations, training materials, or policies; (8) the provision of qualified readers or interpreters; and, (7) other similar accommodations for individuals with handicaps. To determine the appropriate reasonable accommodation it may be necessary for the contractor to initiate an informal, interactive process with the qualified individual with a handicap in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations. Compare with "Religious Accommodation." \r\n
Qualified medical child support order (QMCSO) An order, decree, judgment or administrative notice (including a settlement agreement) requiring health coverage for a child; issued by a domestic relations court or other court of competent jurisdiction or through an administrative process established under state law.
Qualified plan A defined benefit or defined contribution pension plan covered by ERISA and IRS regulations qualifying for certain tax advantages for both the employer and the participant.
Qualified Special Disabled Veteran A special disabled veteran who is capable of performing a particular job with or without a reasonable accommodation to his or her disability. \r\n
Quality assurance Activities or programs whose purpose is to demonstrate and ensure that products and services meet specifications and are consistently of high quality.
Quality audit The process of examining the elements of a quality management system in order to evaluate how well they comply with quality system specifications.
Quality circle A carefully selected group of employees who voluntarily meet on a regular basis to identify problems and make recommendation by using various techniques for analyzing and solving work-related problems.
Quality control Activities or programs whose purpose is to ensure that all quality specifications for products or services are being met and are of consistently high quality.
Quality improvement Any system or process designed to enhance an organization's ability to meet quality requirements.
Quid pro quo Legal terminology essentially meaning “what for what” or “something for something.” It is the concept of getting something of value in exchange for giving something of value.
Quid pro quo harassment Quid pro harassment involves expressed or implied demands for sexual favors in exchange for some benefit (a promotion, pay increase, etc.) or to avoid some detriment (termination, demotion, etc.) in the workplace. By definition, it can only be perpetrated by someone in a position of power or authority over another (i.e., manager or supervisor over a subordinate).
Quit A voluntary resignation from employment that is initiated by the employee.
Quota system In affirmative action systems, it is a means of attempting to achieve workplace balance by hiring and/or promoting specified numbers or ratios of minorities or women in positions from which they have been excluded.
Race Race is a division of humankind with certain distinguishing characteristics in common which indicate distinctive origins.
Race-norming The practice of adjusting employment test scores to compensate for racial differences.
Raiding A union's attempt to enroll workers belonging to, or represented by, another union.
Railway Labor Act of 1926 (RLA) A law that regulates labor relations in the railway and airlines industries, guaranteeing workers in these industries the right to form a union and bargain collectively.
Random testing Drug and alcohol tests administered by an employer that selects employees to be tested on a random basis.
Rank order A rating method where the performance of a group, process or product is arranged in a particular order, such as highest to lowest.
Ratification The formal approval of a newly negotiated agreement by vote of affected union members.
Real wages A term referring to the value of current wages as compared to the value of the same wages during a specific period of time in the past.
Reasonable accommodation Modifying or adjusting a job process or a work environment to better enable a qualified individual with a disability to be considered for or perform the essential functions of a job.
Reasonable Cause \r\n EEOC's determination of reasonable cause to believe that discrimination occurred based upon evidence obtained in investigation. Reasonable cause determinations are generally followed by efforts to conciliate the discriminatory issues which gave rise to the initial charge. NOTE: Some reasonable cause findings are resolved through negotiated settlements, withdrawals with benefits, and other types of resolutions, which are not characterized as either successful or unsuccessful conciliations.
Reasonable person standard A standard used in sexual harassment suits, referring to conduct or behavior so offensive in nature that any reasonable person, regardless of sex, would agree the conduct or behavior should be illegal.
Reasonable Recruitment Area The area from which the contractor usually seeks or reasonably could seek workers for a particular job group. (See Section 2G04(c).)
Reasonable suspicion testing A drug or alcohol test administered to an employee due to a performance or policy infraction or poor or erratic behavior.
Reassignment Transferring individuals to alternative positions where their talents or skills may be best utilized to their own or the organization’s benefit or where they are better able to perform the job in accordance with required standards.
Recall The process or action by which workers are returned to active employment from layoff.
Reciprocal review An appraisal method where the subordinate and the manager are evaluated by each other based on agreed-upon performance criteria.
Reciprocity A relationship between states or other taxing jurisdictions whereby privileges granted by one are returned by the other under a reciprocal agreement.
Recognition An acknowledgement of an employee’s exceptional performance or achievements expressed in the form of praise, commendation or gratitude.
Recognition picketing The process of picketing as a means to assert pressure or coerce an employer to recognize a union as a bargaining agent for the employees.
Recordable illness/injury All occupational injuries and illnesses that require more than basic first aid treatment, or deaths that occurred in the workplace.
Recruiting Source Any person, organization or agency used to refer or provide workers for employment.
Recruitment The practice of soliciting and actively seeking applicants to fill recently vacated or newly created positions using a variety of methods (i.e., internal job postings, advertising in newspapers or electronic job boards/sites, utilizing search firms, or listing position with trade and professional associations, etc).
Red circle rate A pay rate that is above the maximum range assigned to the job grade. Employees are usually not eligible for additional pay increases until the range maximums exceed the individual pay rate.
Redeployment The reassignment of employees to other departments or functions as an alternative to laying them off.
Reduction in force An involuntary separation of an employee or groups of employees due to economic pressures, lack of work, organizational changes or other reasons of business necessity that require a reduction in staff.
Reengineering The redesigning of business and work processes, policies or organizational structure.
Reference checking The process of verifying information supplied by applicants on an application or resume.
Regional bargaining A form of multiemployer bargaining whereby bargaining takes place between a union and the representatives of several employers in a particular industry and region.
Regression analysis A statistical measure used to discover relationships between variables such as performance ratings and promotions.
Regular full/part-time employee An individual who has been hired by an employer to work a predetermined amount of hours per week in a position/appointment of indefinite duratio
Rehabilitation Act of 1973 A federal statute requiring federal agencies to ensure that electronic and information technology systems are accessible to individuals with disabilities when their jobs require the use of electronic or information technology systems.
Rehire To reengage a formerly employed worker after a complete break in employment status. Compare with "Recall."
Reinforcement The practice of providing positive feedback to an individual or groups of individuals after completion of a particular project or achievement of a particular goal.
Release agreement A type of legal written document executed by an employer and signed by an employee whereby the employee relinquishes certain rights in exchange for some form of consideration, such as a benefit the employee would not have otherwise received had he or she not been discharged.
Reliability A measure of the ability of a test or other appraisal instrument to evaluate what is being measured on a consistent basis.
Religion Includes all aspects of religious observance and practice and religious beliefs.
Religious Accommodation Requirement of a contractor to accommodate sincere religious observances and practices of an employee or prospective employee unless the contractor can demonstrate that it is unable to do so without undue hardship on the conduct of its business. See 41 CFR 60-50.3. Anything requiring more than a de minimis cost has been held by the Supreme Court to constitute "undue hardship" in this context.
Relocation assistance A type of benefit offered to employees who accept work assignments in new locations. Typically takes the form of assistance with moving costs, travel expenses, temporary lodging and home-buying/selling.
Remedial counseling A type of employee counseling used to correct performance or behavior-related issues.
Remedial order An order of an administrative agency, court, or arbitrator to correct a defect; relief or cure.
Remedial training Describes a method of teaching intended to help people who have basic skills deficiencies, such reading or writing.
Remediation A strategy designed to conquer a deficiency in an employee’s behavior, performance or skills.
Remote employees Employees who work off company premises and are removed from their supervisors or mangers.
Remote managers A manager who supervises employees who perform their work at a site other then the employer’s premises.
Reopening clause A provision in a collective bargaining agreement stating the time or the circumstances under which negotiations can be requested prior to the expiration of the contract.
Repatriate The process of returning to the United States after being placed on a long-term international assignment.
Representation issues Refers to the issues related to how a union gains or loses exclusive recognition for a bargaining unit, the unit status of employees and determining whether a proposed unit of employees is appropriate for exclusive recognition.
Representation election A secret-ballot election to determine whether the employees in an appropriate unit shall have a union as their exclusive representative.
Representation proceeding A procedure for the purpose of determining the\r\n\r\nmajority representative of employees in an appropriate collective bargaining unit.
Representational functions Activities performed by union representatives on behalf of the employees for whom the union is the exclusive representative regarding conditions and terms of employment.
Reprimand An oral or written reproach given to an employee as part of disciplinary action.
Repudiation of agreement The framework developed by the FLRA to determine whether a breach of the agreement was clear and patent and whether the provision breached went to the heart\r\n\r\nof the agreement.
Request for proposal (RFP) A document an organization sends to a vendor inviting the vendor to submit a bid for a product or service.
Requisite Skills Those basic skills needed to perform a job satisfactorily.
Resident alien A resident alien is a lawful permanent resident of the United States at any time if he or she has been given the privilege, according to the immigration laws, of residing permanently as an immigrant. This status usually exists if the Bureau of Citizenship and Immigration Services has issued a green card.
Resolution The disposition of a disagreement or grievance through alternative dispute resolution methods.
Restrictive covenant A contract clause requiring executives or other highly skilled employees to refrain from seeking and obtaining employment with competitor organizations in a specific geographical region and for a specified period of time.
Restructuring Changing an organizational structure in order to make it more efficient and cost effective.
Resume A written document outlining an individual’s work experience, skills, educational background, accomplishments and other related information supporting his or her career goal.
Retaliatory discharge A form of discriminatory discharge that occurs when an employer dismisses an employee as retaliation against the employee for a specific action.
Retention bonus An incentive payment used to entice employees from leaving the organization. Typically employees are asked to sign an agreement stating they will remain employed for a specific duration or until the completion of a particular task or project in order to be eligible for the bonus.
Retiree skill bank A pool of retired former employees who are rehired on a temporary or contractual basis.
Retirement plan A written qualified or nonqualified benefit plan, funded by employer and employee contributions, that provides retirement income benefits for employees.
Retraining Training that is provided for a certain job to enable an employee to acquire the necessary skills to work with new processes, procedures or equipment.
Retroactive pay Refers to a deferred wage payment for work done previously at a lower rate of pay.
Return on investment (ROI) A ratio of the benefit or profit derived from a specific investment, compared with the cost of the investment itself.
Reverse discrimination Employment policies or practices that result in discriminatory treatment against applicants or employees who are not minorities or members of a disadvantaged group.
Reward system A formal or informal program used to recognize individual employee achievements, such as accomplishment of goals or projects or submission of creative ideas.
Right of Response The contractor's right to produce a legitimate, nondiscriminatory reason for its actions once OFCCP has made a prima facie showing of discrimination.
Right- to- work law A state law preventing labor-management agreements requiring an individual to join a union as a condition of employment.
Right-to-know An OSHA standard providing workers with protection from hazardous substances in the workplace by requiring employers to keep employees informed of any hazardous substances that they may be working with, as well as the hazards and symptoms associated with the substance.
Right-to-sue letter A letter issued by the EEOC, once a charge has been recorded and processed, informing individuals who filed the charge that they have the right to further pursue their charges in a federal or state court.
Right-to-work A state law preventing labor-management agreements requiring an individual to join a union as a condition of employment.
Rightful Place The job, seniority level (if applicable), salary level, etc. that a discriminatee would now hold had there been no discrimination.
Rights arbitration Also referred to as grievance arbitration or mediation, it is a proactive, voluntary process, which utilizes an arbitrator to assist and issue a binding resolution of grievances over the application or interpretation of a collective bargaining agreement.
Rights dispute A disagreement regarding the application or understanding of the terms of a collective bargaining agreement.
Rightsizing An approach to reducing staff, whereby jobs are prioritized in order to identify and eliminate unnecessary work. This method uses a selection criteria based on individual jobs, rather than people, in order to avoid possibly laying off the wrong employees.
Risk management The use of insurance and other strategies in an effort to minimize an organization’s exposure to liability in the event a loss or injury occurs.
Role playing A training method in which each participant purposely acts out or assumes a particular character or role.
Rolling year Under FMLA regulations, a rolling year is defined as a 12-month period measured backward from the date an employee first uses leave.
Rotational training A training method where employees are rotated among a variety of different jobs, departments or company functions for a certain period of time.
Runaway shop The tactic of transferring a plant to an alternative location, usually another city, in order to damage union effectiveness and escape bargaining duties.
Rural sourcing An outsourcing method that is based on transferring jobs away from higher cost urban areas to lower cost rural areas.
S corporation Business enterprise allowed by the IRS for most companies with 75 or fewer shareholders, enabling the company to enjoy the benefits of incorporation while being taxed as if it were a partnership.
Sabbatical A voluntary arrangement whereby an employer allows an employee paid or unpaid leave for a specified duration of time in order for the employee to pursue a course of advanced training, teach or perform a public service. In education, it is a period of time college or university teachers are allowed to stop their usual work in order to study or travel, usually while continuing to be paid (typically every seven years).
Safe Harbor Regulations Guidelines regulated by the Department of Labor, which, when fully complied with, may reduce or limit the liability of a plan fiduciary.
Safety training A teaching tool used to help employees become more safety-conscious in all aspects of safety.
Salary compression Pay differentials too small to be considered equitable. The term may apply to differences between (1) the pay of supervisors and subordinates; (2) the pay of experienced and newly hired incumbents of the same job; and (3) pay-range midpoints in successive job grades.
Salary grade A compensation level expressed as a salary range, which has been established for each position within the organization.
Salary range A range of pay rates, from minimum to maximum, set for a specific pay grade.
Salary structure A structure of job grades and pay ranges established within an organization. May be expressed as job grades or job evaluation points.
Sales compensation A compensation system designed for individuals employed in managerial sales or sales representative positions. Individuals are paid on a commission or percentage of sale basis, in accordance with achieving specified sales goals.
Salting Refers to paid union organizers who apply for jobs with an employer for the purpose of organizing the employer’s workforce.
Sarbanes-Oxley Act of 2002 The Sarbanes-Oxley Act of 2002 was enacted to increase accountability of corporations to their shareholders in the wake of recent accounting scandals. There are many financial provisions that are not germane to HR basics. Two provisions are of special interest to HR professionals--the whistleblower protection provision and the 401(k) blackout notice provision.
Scalability The degree to which a computer application or component can be expanded in size, volume or number of users served and continue to function properly.
Scanlon Plan A gainsharing program in which employees share in specific cost savings that are due to employee effort. The Scanlon Plan involves much employee participation, predating quality circles with most of the same techniques.
Schedule interview An interviewing format in which each candidate is asked for the same exact information.
School-to-Work Opportunities Act of 1994 A national effort to develop a school-to-work system to assist students in making the transition from school to the adult workforce. The goal of the Act is to create well-marked paths students can follow to move from school to good first jobs or from school to continued education and training. The Act focuses on broadening educational and career opportunities for all students by encouraging state and local partnerships between businesses and educational institutions.
Screening Usually the first step taken during the interviewing process, involving reviewing prospective candidate applications/resumes, verifying information supplied by the candidate, conducting interviews and examining test results.
Search firm An organization or individual consultants working on a retainer or fee basis who provide the service of searching and screening potential candidates for prospective employers. Typically search firms are retained for higher-level professional or managerial positions.
Section 503 Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793), as amended.
Section 508 Section 508 is part of the Rehabilitation Act of 1973 that was later amended in 1998 via the Workforce Investment Act. Section 508 requires that electronic information technology that is used by the federal government, maintained or procured be accessible to individuals with disabilities.
Selection process Any step, combination of steps or procedure used as a basis for any employment decision, including, but not limited to, informal or casual interviews, unscored application forms, paper and pencil tests, performance tests, training programs, probationary periods and physical, education and work experience requirements, as well as the decision-making process used in determining whether or not to hire or promote.
Self-directed teams A multi-skilled, cross-functional group of employees possessing full empowerment who share responsibilities for producing a particular service or product.
Self-employed An individual who has earned income for the current or preceding year from self-employment, within the meaning of I.R.C. §401(c) (2), or an individual who would have had such income, except for the fact that the relevant business did not incur a profit for the year.
Self-funding/self-insurance A benefit plan whereby the employer assumes all the risk, paying out for claims but saving the cost of any associated premiums.
Semi-skilled Worker Semi-skilled workers have to be able to read, write and communicate but are usually not required to have educational or apprenticeship credentials to qualify for jobs. Training time is short, task specific and generally doesn’t require much in terms of reasoning skills.
Seminar A facilitator-directed meeting or conference consisting of groups of individuals gathered to study a specific subject matter.
Seniority Length of employment as defined by the employer or applicable collective bargaining agreement. (Seniority may be both competitive and non-competitive, and may be defined in terms of company seniority, facility seniority, departmental seniority, etc.) Employees may have different seniority for different purposes (e.g., job bidding rights governed by department seniority and leave accural governed by company seniority).
Sensitivity training A form of individual counseling geared toward increasing self-awareness and sensitivity to others. It aims to assist key employees in developing their leadership skills surrounding issues of diversity and harassment prevention.
Serious health condition An illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility; or continuing treatment by a health care provider.
Service award Part of a formal or informal recognition program that rewards employees based on length of service.
Settlements (Negotiated) \r\n Charges settled with benefits to the charging party as warranted by evidence of record. In such cases, EEOC and/or a FEPA is a party to the settlement agreement between the charging party and the respondent (an employer, union, or other entity covered by EEOC-enforced statutes).
Severance pay A form of short-term salary continuation awarded to employees who are being terminated. Severance payments often equal one week's pay for each year of service.
Sex The classification of people as male or female.
Sex discrimination Discriminatory conduct or actions based on sex or pregnancy, as it relates to conditions of employment, benefits, pay and opportunities for advancement.
Sex Discrimination Act of 1975 The Sex Discrimination Act of 1975 prohibits discrimination against individuals based on sex or marital status in areas of employment, education, the provision of goods, facilities and services or in the management of premises.
Sex reassignment Refers to surgical alteration, which is a part of "transition."
Sexual harassment Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
Sexual orientation The scientifically accurate term for an individual's enduring physical, romantic, emotional and/or spiritual attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual and heterosexual orientations. (Closeted describes a person who is not open about his or her sexual orientation.)
Shareholder An individual or corporation that owns shares in the corporation.
Shift differential Additional compensation, usually expressed as cents per hour, paid as an incentive for employees to accept working a less-then-desirable work shift (i.e., 2 nd or 3 rd shift).
Short-term disability A benefit designed to provide temporary income replacement for worker absent due to illness or injury, but who is expected to return to work within a specified timeframe.
Show Cause Notice A letter from OFCCP to the contractor ordering it to show cause why enforcement proceedings should not be instituted. A show cause notice follows OFCCP's issuance of a notice of violation and failure of conciliation. The show cause notice provides that the contractor must come into compliance within 30 days or OFCCP will recommend the institution of enforcement proceedings.
Sick leave Paid time off granted to employees who are out of work due to an illness or injury.
Simulation An instructional method used to teach problem solving, procedures or operations by placing learners in situations akin to reality.
Situational leadership A management theory stating that different situations call for different leadership styles and that essentially there is no one best way to lead.
Six Sigma Six Sigma is a disciplined, data-driven methodology used to eliminate defects and improve processes and cut costs from manufacturing to transactional and from product to service.
Sixty day notice The notice that must be given by either party to a collective bargaining agreement when desiring to reopen or terminate the contract.
Skill Ability to perform a mental or motor activity that contributes to the effective performance of a job task.
Skill gap A deficiency in basic writing, reading, mathematical or oral communication skills.
Skill Inventory A list of persons, categorized by their skills, kept by a contractor to encourage maximum use of the skills of applicants or employees.
Skill-based pay A salary differentiation system that bases compensation on an individual’s education, experience, knowledge, skills or specialized training.
Skills inventory A list of skills or competencies possessed by an individual.
Skills training Training provided to employees to help them ascertain the skills and knowledge necessary to perform their current jobs; also used as a retraining method when new systems or processes are introduced.
Slander False defamation expressed as spoken words, signs or gestures, which cause damage to the character or reputation of the individual being defamed.
Slow learner A term used to describe individuals with mental disabilities and an IQ of between 75 and 90.
Slowdown A deliberate attempt by employees to reduce productivity outputs as a means to gain a particular concession from the employer.
Snowbird program A term used to describe a form of alternative work arrangement whereby employees (typically retired individuals) move to warmer climents in the winter months and return to work only during the Spring/summer months.
Social Security A federal program under the Social Security Act which provides for retirement, disability and other related benefits for workers and their eligible dependents.
Social Security card A card issued by the Social Security Administration displaying an individual’s full legal name and social security number assigned to the individual.
Soft skills Skills required to perform a certain job where the job is defined in terms of expected outcomes, but the process to achieve the outcome varies.
Sole proprietorship A business enterprise in which an individual is fully and personally liable for all the obligations of the business, is entitled to all profits and exercises complete managerial control.
solicitation Employers may prohibit solicitation by any organization on company property or on company time. Before implementation counsel should review solicitation policies.
Span of control A management principle expressing that a limit exists to the number of people an individual can effectively and successfully manage.
Special Disabled Veteran A veteran who: (a) is entitled to compensation (or who, but for the receipt of military retirement pay, would be entitled to compensation) under laws admini-stered by the Department of Veterans Affairs for a disability that is (i) rated at 30 percent or more, or (ii) rated at 10 or 20 percent in the case of a veteran who has been determined under Section 1506 of the Veterans' Rehabilitation and Education Act Amendments of 1980 to have a serious employment handicap; or (b) was discharged or released from active duty because of a service-connected disability. See 38 U.S.C. �4211.
Specialization A principle stating that, as an organization grows, work within the organization needs to be divided in order to keep jobs from becoming so specialized or complex that they require a greater range of skills that essentially can not be performed by one individual.
Speedup Any system designed to increase worker productivity without an increase in wages
Spot rewards Cash and noncash awards given to employees for ideas submitted or accomplishments benefiting the organization.
Staff leasing The practice of an employer directly hiring an employee on a temporary basis for an indefinite period of time instead of utilizing the services of a temporary staffing agency.
Staffing The function within an organization responsible for recruitment, screening and selection of employees. Oftentimes, this function may also be responsible for other areas of employment, such as orientation, retention, training and termination of staff.
Staffing metrics Measures used to determine costs associated with recruitment and hiring, time to fill/start for open positions and recruiter workload/activity.
Staffing patterns Refers to title 5, United States Code, section 7106(b)(1)’s reference to “the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty.”
Stagflation A term used to refer to particularly high rates in price increases occurring simultaneously with high rates of unemployment.
Stakeholder Someone with a vested interest in the successful completion or outcome of a project.
Standard Deviation A statistical measure used to describe the probability that differences between similarly situated groups (such as in selection rates, wages, etc.) occurred by chance.
Standard error Statistical estimate of possible size error present in a test score or other group measure.
Standard Industrial Classification (SIC) Code A numerical coding system developed under the sponsorship of the Office of Management and Budget that classifies establishments by principal activity or service.
Standard operating procedures A prescribed written procedure outlining how recurring tasks, duties and functions are to be performed organization-wide.
Standard score A score derived from the mean performance of a group on a test, as well as the comparative performance of all the individuals who took the test.
Standardization Design and implementation of consistent specifications for procedures, practices, materials, machinery or other equipment or other types of products and services.
Standardized interview A form of interviewing that uses the same subject matter and identically sequenced questions, then evaluating responses to determine the differences between candidates.
Standardized testing A written test, the scores of which are interpreted by referencing the scores of a norm group that has taken the test and which is considered to be representative of the population that takes the test.
Standards of conduct for labor organizations Standards regarding internal democratic practices, fiscal responsibility, and procedures to which a union must adhere to qualify for recognition.
Statistical Evidence Evidence that explains or analyzes the meaning of numerical differences in selection rates, wages, or other employment decisions between members of one group and others who were similarly situated. Statistical evidence also may be used to show which factors did or did not affect selection decisions, wages, or other employment decisions. Also see "Anecdotal Evidence" and "Comparative Evidence."
Statistics Definitions of Terms \r\n\r\nAdministrative Closure\r\n Charge closed for administrative reasons, which include: failure to locate charging party, charging party failed to respond to EEOC communications, charging party refused to accept full relief, closed due to the outcome of related litigation which establishes a precedent that makes further processing of the charge futile, charging party requests withdrawal of a charge without receiving benefits or having resolved the issue, no statutory jurisdiction.\r\nMerit Resolutions\r\n Charges with outcomes favorable to charging parties and/or charges with meritorious allegations. These include negotiated settlements, withdrawals with benefits, successful conciliations, and unsuccessful conciliations.\r\nNo Reasonable Cause\r\n EEOC's determination of no reasonable cause to believe that discrimination occurred based upon evidence obtained in investigation. The charging party may exercise the right to bring private court action.\r\nReasonable Cause\r\n EEOC's determination of reasonable cause to believe that discrimination occurred based upon evidence obtained in investigation. Reasonable cause determinations are generally followed by efforts to conciliate the discriminatory issues which gave rise to the initial charge. NOTE: Some reasonable cause findings are resolved through negotiated settlements, withdrawals with benefits, and other types of resolutions, which are not characterized as either successful or unsuccessful conciliations.\r\nSettlements (Negotiated)\r\n Charges settled with benefits to the charging party as warranted by evidence of record. In such cases, EEOC and/or a FEPA is a party to the settlement agreement between the charging party and the respondent (an employer, union, or other entity covered by EEOC-enforced statutes).\r\nSuccessful Conciliation\r\n Charge with reasonable cause determination closed after successful conciliation. Successful conciliations result in substantial relief to the charging party and all others adversely affected by the discrimination.\r\nUnsuccessful Conciliation\r\n Charge with reasonable cause determination closed after efforts to conciliate the charge are unsuccessful. Pursuant to Commission policy, the field office will close the charge and review it for litigation consideration. NOTE: Because "reasonable cause" has been found, this is considered a merit resolution.\r\nWithdrawal with Benefits\r\n Charge is withdrawn by charging party upon receipt of desired benefits. The withdrawal may take place after a settlement or after the respondent grants the appropriate benefit to the charging party.
Statute of limitation Laws prescribing deadlines for filing lawsuits within a certain time after events, which are the source of the claim, occur.
Statutory benefits Benefits that are mandated by federal or state laws, such as Social Security, unemployment insurance and workers’ compensation.
Stewards council An organization of the stewards within a local. Stewards councils take some of the workload from the paid staff of the local and give the stewards an opportunity to compare their experiences and be more involved in the affairs of the union.
Stipend An amount provided to an individual as a partial salary or wage and may include emoluments such as discounted tuition cost, food, lodging and/or transportation.
Stock option plan An organizational program that it that grants employees the option of purchasing a specific number of stock in the company at a future date.
Stop loss insurance A contract established between a self-insured employer and an insurance provider providing for carrier coverage if a claim incurred exceeds a specified dollar amount over a predetermined period of time.
Strategic HR The process of taking a long-term approach to Human Resource Management through the development and implementation of HR programs that address and solve business problems and directly contribute to major long-term business objectives.
Strategic planning The process of identifying an organization's long-term goals and objectives and then determining the best approach for achieving those goals and objectives.
Strategic staffing The practice of hiring smaller core numbers of permanent employees and utilizing temporary employees to fill more highly specialized positions within the organization.
Stress interview An interviewing style whereby the interviewer subjects a candidate to pressure or stress to ascertain how the candidate reacts under such conditions.
Stress management The design and implementation of workplace programs and services intended to combat employee stress and improve overall employee morale, effectiveness and productivity.
Stretch-out A term used to describe a situation in which employees are required to take on additional work without additional compensation.
Strike Occurs when employees deliberately refuse to perform their jobs and/or form picket lines outside the employer’s premisses to prevent or discourage others from working in their place or conducting business with the employer.
Strike benefits Payments made by the union to members who are on strike.
Strike force Volunteer members who have agreed to help picket or leaflet in support of a union organizing campaign, strike, or other effort initiated by a local union.
Strike fund Funds held by an international or local union that have been allocated to pay for costs associated with a labor strike (i.e. legal fees, strike benefits, etc.).
Strike notice The notice which is filed with a state agency or the Federal Mediation and Conciliation Service informing them that the union has rejected an employer’s latest offer and a strike is imminent.
Strike sanction In order for a local union to receive strike benefits from the union's national treasury, the strike must be sanctioned by the union's national executive board.
Strikebreaker A term used to refer to an individual who is hired by a struck employer to temporarily fill the position of a striking worker.
Struck work A term to define a product which is produced by an employer during the period of a labor dispute with his employees. An employee who refuses to handle struck work is engaged in a sympathy work action.
Structural unemployment A term used to describe joblessness that is a result of major economical changes or sociological factors.
Structured interview A structured interview asks the same questions of each candidate, so that valid comparisons of the quality of responses can be obtained. The questions generally take four job-related forms: situational, observational, personal and behavioral.
Subcontract Any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee): (a) for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is necessary to the performance of any one or more Government contracts; or (b) under which any portion of the contractor's obligation under one or more Government contracts is performed, undertaken or assumed. See 41 CFR 60-1.3.
Subcontractor Any person holding a subcontract, or for enforcement purposes any person who has held a subcontract, subject to the Executive Order, Section 503 or 38 U.S.C. 4212. See definition of "Subcontract."
Subject matter expert An individual who has expertise in a business process or specific area.
Subjective Criteria/Procedures Employment qualifications, selection standards or processes that require judgment in their application, such that different persons applying such criteria/procedures would not necessarily reach the same conclusion. A criterion is subjective if it is not fixed or measurable. Compare "Objective Criteria/Processes."
Subordinate appraisal An appraisal system whereby managerial employees are evaluated by their subordinates.
Subsidiary A company having more than half of its stock owned by another company or is completely owned by another company.
Substance abuse Defined as a destructive pattern of substance (i.e., narcotics or alcohol) use leading to clinically significant social, occupational or medical impairment.
Substantially Limits In the application of Section 503, this means to affect significantly an individual's ability to perform a major life activity, or to restrict significantly an individual as to the condition, manner, or duration under which such individual can perform a particular major life activity. The following factors should be considered in determining whether an individual is substantially limited in a major life activity: (a) The nature and severity of the impairment; (b) The duration or expected duration of the impairment; and (c) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.
Successful Conciliation \r\n Charge with reasonable cause determination closed after successful conciliation. Successful conciliations result in substantial relief to the charging party and all others adversely affected by the discrimination.
Succession planning The process of identifying long-range needs and cultivating a supply of internal talent to meet those future needs. Used to anticipate the future needs of the organization and assist in finding, assessing and developing the human capital necessary to the strategy of the organization.
Successorship Where, as the result of a reorganization, a portion of an existing unit is transferred to a gaining employer, the latter will be found to be the successor employer (thus inheriting, along with the employees, the exclusive representative of those employees and the collective bargaining agreement that applied to those employees) if: (a) the post-transfer unit is appropriate, (b) the transferred bargaining unit employees are a majority in the post-transfer unit, (c) the gaining employer has "substantially" the same mission as the losing employer, (d) the transferred employees perform "substantially" the same duties under "substantially" similar working conditions in the gaining entity, and (e) it is not demonstrated that an election is necessary to determine representation.
Suggestion system A system allowing employees to voice complaints, make recommendations or submit ideas regarding company policies, procedures, working conditions, benefits, etc.
Summary annual report A summarized report containing information on the financial status of an employee benefit plan.
Summary material modifications A summary of modifications or changes made to an employee benefit plan that is not included in the summary plan description.
Summary plan description A written statement that contains information regarding participation, coverage and employee rights for any ERISA-covered benefit plan.
Summer hours A type of compressed work week scheduling arrangement which allows employees to work longer hours Monday through Thursday and fewer hours on Friday during the summer months.
Sunshine bargaining A form of collective bargaining whereby the general public is allowed to attend bargaining sessions.
Supervisor As defined by the NLRA, “any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.” This definition is read in the disjunctive, the authority to do any one of these functions is sufficient to establish supervisory authority.
Supervisory/management development Training provided to employees with the potential for promotion into supervisory or managerial-level positions within the organization or as a remedy for performance-related issues.
Supplemental unemployment benefits Typically found in collective bargaining agreements. SUB pay benefits are taxable payments form a fund which can be combined with state unemployment insurance benefits during periods of temporary layoff to provide a higher level of unemployment benefits during the term of layoff.
Supplemental Unemployment Benefits (SUB) Typically found in collective bargaining agreements. SUB pay benefits are taxable payments form a fund which can be combined with state unemployment insurance benefits during periods of temporary layoff to provide a higher level of unemployment benefits during the term of layoff.
Support Data Statistical data, documentation and other materials regarding employment practices, generally used in the development, support and/or justification of an affirmative action program.
Supranational Involving more than one country or having authority which transcends one country, i.e., the European Union is a supranational organization.
Surface bargaining Often referred to as a perfunctory tactic whereby an employer meets with the union, but only goes through the motions of bargaining.
Survey A data collection method used to assist organizations with problem identification, measuring employee morale or expectations and determining areas of concern.
Suspension A form of disciplinary action resulting in an employee being sent home without pay for a specified period of time (the Fair Labor Standards Act contains stricter rules relating to suspending salaried exempt employees without pay).
Sweatshop Refers to workplaces where working conditions (i.e. environment, pay, etc.) are significantly below adequate standards.
Sweetheart contract Term of disdain for an agreement negotiated by an employer and a union with terms favorable to the employer.
SWOT Analysis A SWOT Analysis is a strategic planning tool used to collect and evaluate information on an organization’s current Strengths, Weaknesses, Opportunities, and Threats involved in a specific project or business venture.
Sympathy strike Work stoppage by a group of employees as an act of sympathy for or solidarity with another group of employees who are on strike. Sympathy strikers do not themselves have to be represented by a labor organization.
Systemic Discrimination Employment policies or practices that serve to differentiate or to perpetuate a differentiation in terms or conditions of employment of applicants or employees because of their status as members of a particular group. Such policies or practices may or may not be facially neutral, and intent to discriminate may or may not be involved. Systemic discrimination, sometimes called class discrimination or a pattern or practice of discrimination, concerns a recurring practice or continuing policy rather than an isolated act of discrimination.
Taft-Hartley Act of 1947 Also known as the Labor-Management Relations Act (LMRA), the act establishes control of labor disputes on a new basis by enlarging the National Labor Relations Board and providing that the union or the employer must, before terminating a collective-bargaining agreement, serve notice on the other party and on a government mediation service.
Talent Management Broadly defined as the implementation of an integrated strategies or systems designed to increase workplace productivity by developing improved processes for attracting, developing, retaining and utilizing people with the required skills and aptitude to meet current and future business needs.
Talent Mindset The deep-seated belief that talent differentiates organizational culture and breeds competitive advantage, with benefits for both the individual and for the organization, now and in the future. Talent Mindset is embedded in the entire organization - led by the CEO, modeled by management, supported by a range of initiatives developed by HR and implemented by HR and line managers.
Tangible rewards Rewards that can be physically touched or held (i.e., a gift certificate, gifts in the form of merchandise or a savings bond.)
Task analysis Involves defining standards and conditions of a particular task and identifying the distinguishing factors between tasks.
Task competencies The specific activities and tasks that make up a particular job.
Team building A training program designed to assist a group of people to work together as a team while they are learning.
Team concept plans Methods of reorganizing work in ways which blur the traditional lines of distinction between union work and management work.
Teamwork Described as the practice of individuals working together in order to bring a variety of talents and experiences to achieve a common goal.
Technological unemployment A term used to refer to joblessness that occurs as a result of the introduction of labor saving technology devices.
Telecommuting Working from a remote location (often one’s home workstation) using computers, telephones, facsimile machines and other remote capabilities, rather than commuting via automobile or other mode of transportation to and from an employer's work site to perform equivalent work.
Teleconferencing A conference established between two or more people or groups of people who are in different locations; made possible by the use of such telecommunications equipment as closed-circuit television
Temp-to-perm The process of hiring employees on a temporary basis, usually through a temporary staffing agency, with the understanding that if the individual’s performance meets or exceeds expectations, he or she will be offered a permanent position within the organization.
Temporary employee An individual who works on either short- or long-term assignments with an employer without being treated as a permanent employee and lacking the benefits of permanent employees. Normally utilized by employers to meet seasonal or other demands that they do not have the internal resources to meet.
Temporary replacement Individual hired to temporarily replace an employee engaged in a strike. At the end of the strike, temporary replacements are released from work to permit strikers to return to their jobs. Unions refer to all replacement employees as “scabs.”
Temporary restraining order Restraining and/or protective orders are examples of orders issued by a court restraining the conduct of an individual and protecting a victim from the activities of an abusive person.
Tenure A form of job security typically limited to employees of educational institutions.
Termination Separation from employment due to a voluntary resignation, layoff, retirement or dismissal.
Termination Date Normally the last date actually worked by an employee; however, for employers with accrued leave programs, paid leave programs, benefit continuation programs or severance pay programs which go beyond the last day worked, the termination date would be the date at which accruals, paid leave, benefit continuation or severance continuation ceases.
Termination-at-will A rule allowing an employee or employer to terminate the employment relationship at any time for any or no reason at all.
Terms and Conditions of Employment This phrase includes all aspects of the employment relationships between an employee and his or her employer including, but not limited to, compensation, fringe benefits, leave policies, job placement, physical environment, work-related rules, work assignments, training and education, opportunities to serve on committees and decision-making bodies, opportunities for promotion, and maintenance of a nondiscriminatory working environment.
Test security An individual’s right to privacy, as it relates to information regarding test results, providing for informed consent of how test results are used.
The Age Discrimination in Employment Act of 1967 The U.S. Equal Employment Opportunity Commission\r\n\r\n Age Discrimination in Employment Act of 1967 (Pub. L. 90-202) (ADEA), as amended, as it appears in volume 29 of the United States Code, begin¬ning at section 621. The ADEA prohibits employment discrimination against persons 40 years of age or older. The Older Workers Benefit Protection Act (Pub. L. 101-433) amended several sections of the ADEA. In addition, section 115 of the Civil Rights Act of 1991 (P.L. 102-166) amended section 7(e) of the ADEA (29 U. S.C. 626(e)). Cross references to the ADEA as enacted appear in italics following each section heading. Editor’s notes also appear in italics.
The Americans with Disabilities Act of 1990, Titles I and V The U.S. Equal Employment Opportunity Commission\r\n\r\n Titles I and V of the Americans with Disabilities Act of 1990 (Pub. L. 101-336) (ADA), as amended, as these titles will appear in volume 42 of the United States Code, beginning at section 12101. Title I of the ADA, which became effective for employers with 25 or more employees on July 26, 1992, prohibits employment discrimination against qualified individuals with disabilities. Since July 26, 1994, Title I has applied to employers with 15 or more employees. Title V contains miscellaneous provisions which apply to EEOC's enforcement of Title I.\r\n\r\nThe Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) amended sections 101(4), 102 and 509 of the ADA. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amended the statutes by adding a new section following section 1977 (42 U.S.C. 1981) to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the ADA, and section 501 of the Rehabilitation Act of 1973 (Rehab Act). The Americans with Disabilities Act Amendments Act of 2008 (Pub. L. 110-325) (ADAAA) amended sections 12101, 12102, 12111 to 12114, 12201 and 12210 of the ADA and section 705 of the Rehab Act. The ADAAA also enacted sections 12103 and 12205a and redesignated sections 12206 to 12213. The ADAAA also included findings and purposes that will not be codified.
The Equal Pay Act of 1963 \r\n\r\n Equal Pay Act of 1963 (Pub. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206(d). The EPA, which is part of the Fair Labor Standards Act of 1938, as amended (FLSA), and which is administered and enforced by the EEOC, prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions. Cross references to the EPA as enacted appear in italics following the section heading. Additional provisions of the Equal Pay Act of 1963, as amended, are included as they appear in volume 29 of the United States Code.
Theory X States that some people have an inherent dislike for work and will avoid it whenever possible. These people need to be controlled and coerced by their managers to achieve production.
Theory Y Assumes that people have a psychological need to work and want achievement and responsibility. A manager's role with these people is to help them achieve their potential.
Think tank A group organized for the purpose of intensive research and problem solving, especially in the areas of technology, social or political strategy, or demographics.
Third-party sexual harassment Harassment of an employee by someone other than another employee, such as a client, customer, vendor or service provider.
Time management The discipline of utilizing time efficiently and well in order to achieve professional, personal or organizational objectives.
Title VII of the Civil Rights Act of 1964 The U.S. Equal Employment Opportunity Commission\r\n\r\n Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading. Editor's notes also appear in italics.
Tolling The suspension of the running of a statute of limitations for equitable reasons. Because the Title VII 180 day limit on filing a charge with the EEOC has been held to be a statute of limitations, there have been numerous court cases discussing tolling of that limit. By comparison, the regulations for OFCCP's three programs provide for the filing of a complaint within 180 days of the alleged violation unless the time for filing is extended by the Director for good cause shown. There is no similar good cause language in Title VII. The good cause authority allows the Director to waive the 180 day limit without raising questions of tolling.
Total compensation The complete pay package awarded employees on an annual basis, including all forms of money, benefits, services and in-kind payments.
Total quality management A structured system that satisfies internal and external customers and suppliers by integrating the business environment, continuous improvement and breakthroughs with development, improvement and maintenance cycles.
Total remuneration The amount of monetary and nonmonetary value to an employee of all the elements in the employment package, as well as any other intrinsic or extrinsic rewards of value to the employee.
Trade secret A trade secret consists of any formula, pattern, device or compilation of information used in one's business, which gives the business an opportunity to obtain an advantage over competitors who do not know or use it.
Trailing spouse A term used to describe the spouse of an employee who has been transferred or relocated.
Training aids Any form of audio or visual materials used for training purposes.
Training and development A process dealing primarily with transferring or obtaining knowledge, attitudes and skills needed to carry out a specific activity or task.
Training needs analysis A method used to determine what people need to learn and which training programs may be beneficial. The result of the analysis is a training needs report identifying training needs and the interventions needed to reduce key performance gaps.
Transfer Movement (usually lateral) from one position or function to another.
Transformational leadership A systematic form of leadership focusing on change and innovation. According to Bernard Bass, it is a form of leadership occurring when leaders “broaden and elevate the interests of their employees, when they generate awareness and acceptance of the purposes and the mission of the group and when they stir their employees to look beyond their own self-interest for the good of the group”
Transgender An umbrella term for people whose gender identity and/or gender expression differs from the sex they were assigned at birth. The term may include, but is not limited to, transsexuals, cross-dressers, and other gender-variant people. Transgender people may identify as female-to-male (FTM) or male-to-female (MTF). They may be heterosexual, lesbian, gay, or bisexual. For example, a man who becomes a woman and is attracted to other women would be identified as a lesbian. Transgender people may or may not decide to alter their bodies hormonally and/or surgically.
Transition A complex process altering one's birth sex that occurs over a long period of time. Transition includes some or all of the following cultural, legal, and medical adjustments:\r\n\r\nTelling one's family, friends and/or co-workers; Changing one's name and/or sex on legal documents; Hormone therapy; and possibly (though not always) some form of surgical alteration.
Transitional employment Provides alternative work arrangements, such as temporary light or modified duty, for employees who have been absent from the workplace as a result of illness or injury and who have been released by their medical provider to return to work.
Transsexual An older term that originated in the medical and psychological communities. Many transgender people prefer the term "transgender" to "transsexual."
Trend analysis The process of forecasting an organization’s staffing needs by analyzing past employment patterns in order to identify trends that may be expected to continue.
Trial examiner An official who presides at administrative trial proceedings to hear facts and issue decisions regarding unfair labor practice cases (also known as an Administrative Law Judge).
Trustee An elected union official whose duty is to monitor the finances of a local union, joint council, conference, or international union.
Trusteeship The assumption of control over a local union by an international union, or by the federal government under the RICO Act.
Tuition assistance A program designed to provide financial assistance to employees taking educational courses at an accredited college or university.
Turkey trot A term used to describe the practice of transferring problem or performance-challenged employees from one position or department to another with the expectation that the employee may improve under a new supervisor or in a different work atmosphere.
Turnover Describes changes in the work force resulting from voluntary or involuntary resignations.
Turnover costs Costs associated with a separation of employment, including items such as unemployment compensation, COBRA benefits continuation costs, the cost of conducting exit interviews, as well as costs associated with replacing an employee, such as advertising, pre-employment testing, time and materials for new hire orientation, training and lost productivity.
Turnover rate The number of separations during a month, including both voluntary and involuntary terminations (excluding layoffs). The turnover rate is calculated by taking the number of separations during a month divided by the average number of employees on the payroll multiplied by 100.
Two or More Races All persons who identify with more than one of the five races.
Two-tier wages A type of compensation arrangement whereby wages paid to newly hired employers is significantly lower than wages being paid to other employees performing the same or similar jobs.
U.S. Citizenship and Immigration Services (USCIS) On March 1, 2003, service and benefit functions of the U.S. Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) as the U.S. Citizenship and Immigration Services (USCIS). The USCIS is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities.
Underutilization Having materially fewer minorities or women in a particular job group than reasonably would be expected based upon their availability. See Section 2G06.
Undue Hardship In general, with respect to the provision of a reasonable accommodation, significant difficulty or expense incurred by a contractor. Whether an accommodation is reasonable requires a case-by-case determination. For Section 503, see Chapter 6, Appendix A, IV. For Executive Order 11246, see Manual Section 3H02.
Unemployed Under the criteria established by the Bureau of the Census of the U.S. Department of Commerce, civilians 16 years old and over who: (a) were neither "at work" nor "with a job" during the reference week (see "Employed"); (b) were looking for work during the last 4 weeks; and (c) were available to accept a job. Also included as unemployed are persons who did not work at all during the reference week and were waiting to be called back to a job from which they had been laid off.
Unemployment insurance A statutory benefit. Unemployment insurance is designed to provide workers who have been laid off a weekly income during short periods of unemployment. The system is run and funded by state and federal taxes paid by employers.
Unemployment insurance (UI) A statutory benefit. Unemployment insurance is designed to provide workers who have been laid off a weekly income during short periods of unemployment. The system is run and funded by state and federal taxes paid by employers.
Unemployment rate The number of individuals unemployed as a percentage of the labor force.
Unfair labor practice (ULP) An unfair labor practice (ULP) is a violation of a right protected by the Federal Service Labor-Management Relations Statute. The ULP procedures provided by the Statute are part of the basic mechanisms by which the parties are protected in the exercise of their rights.
Unfair labor practice strike Work stoppage called by a union to protest the unfair labor practices of an employer. In order for a strike to be an unfair labor practice strike, the NLRB must agree that the work stoppage was caused by or prolonged by the unfair labor practices of the employer. Unfair labor practice strikers cannot be permanently replaced.
Unfair list The basis for placement of an employer on an Unfair List is anti-labor conduct including, but not limited to, the following: failure to sign a labor agreement; commission of an unfair labor practice; violations of state or federal laws or rules; utilization of non-union labor; utilization or promotion of non-union goods or services; anti-union practices; or failure to provide workers with fair and equitable wages and benefits, decent hours and working conditions.
Unfairly discriminatory An action or policy resulting in members of protected groups becoming disadvantaged in relation to the employer’s selection, hiring, promotion, pay and training opportunities, when said person(s) are as equally qualified and have the same potential to be successful.
Uniform Guidelines on Employee Selection Procedures of 1978 The Uniform Guidelines on Employee Selection Procedures address the use of interviewing, testing, training and other employee selection tools and their impact on discrimination based on race, color, religion, sex or national origin. Specifically addressed is adverse impact, measured by the 80% test, which states that if a selection practice yields less than 80% of a protected group, as compared with the most frequently selected group, there may be evidence of discrimination. The guidelines also require employers to maintain records, for an unspecified period of time, on their selection procedures and any adverse impact noted, as well as records of the employer's workforce broken down by race and ethnic groups.
Uniformed services A term used to refer to public service employees (i.e. police officers, firefighters, etc.)
Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, or the Act), signed into law on October 13, 1994, clarifies and strengthens the Veterans’ Reemployment Rights (VRR) Statute. USERRA is intended to minimize the disadvantages to an individual that can occur when that person needs to be absent from his or her civilian employment in order to serve in the uniformed services. USERRA makes major improvements in protecting service member rights and benefits by clarifying the law and improving enforcement mechanisms. USERRA expands the cumulative length of time that an individual may be absent from work for uniformed services duty and retain reemployment rights.
Uniformly Applied Applying employment criteria/processes in the same manner to members of a particular race, color, religion, sex or national origin group and others.
Unilateral changes Actions taken directly by management, without discussions with the union, during labor organizing situations or where a union is recognized or certified. These actions may or may not constitute unfair labor practices.
Union A formal organization certified by the National Labor Relations Board and authorized to act on behalf of employees regarding wages, benefits, working conditions, conditions of employment and job security.
Union buster A professional consultant which provides tactics and strategies for employers trying to avoid unionization or decertify unions.
Union consolidation A no-risk procedure for combining existing units into one or more larger appropriate units.
Union label A stamp or tag on a product or card in a store or shop to show that the work is performed by members of a labor union.
Union organizer An individual who is a member of a local or international union’s staff whose primary job responsibility is to recruit new members.
Union security clause Clause in a collective bargaining agreement compelling a unit employee to become and retain membership in the union (which is ultimately restricted to the payment of dues and initiation fees) as a condition of employment. This is a mandatory subject of bargaining.
Union Shop A factory, business, etc. operating under a contract between the employer and a labor union, that requires that all employees within the bargaining unit pay uniform periodic dues to the union, beginning within a specific period after hire.
Unit clarification NLRA procedure to determine whether or not new employee classifications should be covered under a collective bargaining agreement.
Unit determination A procedure by which a labor relations agency makes a finding as to the appropriateness of including certain employees within a group for collective bargaining purposes.
Unit, or bargaining unit Grouping of employees being sought for union representation. NLRB looks at community of interest factors when determining unit questions, including: rates of pay, benefits, work areas, working conditions, skill levels, work interactions, supervision, nature of work being performed, etc.
Unlawful employment practice Any policy or practice that has discriminatory intent or effect and cannot be shown to be essential to the successful performance of the job in question.
Unretirement The practice of hiring retired former employees whose skills or qualifications are in need.
Unsafe acts Any action, such as horseplay, fighting, failing to abide by a safety rule, etc., that results in accident or injury to another.
Unsafe conditions Hazards, such as faulty equipment or tools, improper safety procedures, failure to improperly guard equipment, etc., that result or have the potential to result in an accident or injury to another.
Unskilled worker Someone who is not required to use reasoning in their work: Examples: packager, assembler, laborer, hand, apprentice
Unsuccessful Conciliation \r\n Charge with reasonable cause determination closed after efforts to conciliate the charge are unsuccessful. Pursuant to Commission policy, the field office will close the charge and review it for litigation consideration. NOTE: Because "reasonable cause" has been found, this is considered a merit resolution.
Unwelcome behavior/conduct Conduct or behavior by peers, subordinates or supervisors that is objectionable or unacceptable to an individual.
Upward mobility The process of preparing minorities for promotion into higher-level jobs, such as managerial positions.
Utilization management Review and analysis of health care programs to determine cost control methods. Involves reviewing claims for potential utilization problems.
V-time An alternative work schedule that allows employees to voluntarily agree to reduce their work time and pay.
Vacation buy-back plan A program that allows an employee to sell back to the employer any unused vacation time balances.
Vacation buying/selling/trading A program that allows employees to buy additional vacation time from another employee or sell additional time they may have available to another employee. Some programs also allow for trading of future vacation time.
Vacation carryover A policy allowing employees to transfer a portion of their current year vacation balances for use in the next year. The amount of time that can be carried over is based on the employer’s policy.
Validation The study of an employer's test or selection standards that proves that they are significant predictors of successful job performance (those who score high turn out to be successful on a job and those who score low turn out to be unsuccessful). The study requires a large sample of applicants and must include representatives of groups--such as minorities and women--who may be suffering adversely from such standards.
Validity The general concept of validity is traditionally defined as "the degree to which a test measures what it claims, or purports, to be measuring." Validity is normally subdivided into three categories: content, criterion-related and construct validity. Validity is an essential characteristic for all tests and test ratings.
Value statement A document outlining and representing the core priorities in the organization’s culture.
Value-added work Work that increases the value of a service or product to the employer’s customers.
Variance forecasting A measure that utilizes a demand and availability forecast to determine whether an organization has the ability to meet future manpower needs.
Vertical disintegration Used to describe organizations that over time shed layer after layer of full-time permanent employees and replace them with temporary workers until their workforce primarily consists of temporary employees.
Vertical management A traditional organizational structure consisting of primary functions (i.e., engineering, manufacturing, finance, etc.), with each function having its own manager.
Vertical organization An organizational structure consisting of many layers of management or other positions of authority.
Vertical union organization An industrial union is one which, for organizational purposes, includes all workers in a particular industry regardless of whether they are skilled or unskilled (also known as an industrial union).
Vestibule training A form of training conducted outside of the workplace to acclimate newly hired employees with procedures and equipment or tools to be used in their jobs.
Vesting An employee’s right to receive present or future pension benefits, even if the employee does not remain in the service of the employer.
Veteran of the Vietnam Era A person who: (a) served on active duty for more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released there-from with other than a dishonorable discharge; or (b) was discharged or released from active duty for a service-connected disability if any part of such active duty was performed between August 5, 1964 and May 7, 1975.
Veterans Benefit Improvement Act of 2004 An act signed into law by President Bush on December 10, 2004 that amended portions of the Uniformed Services Employment and Reemployment Rights Act (USERRA), imparting certain reemployment and benefit protections to individuals who are and employees engaged in military service. The act requires that employers extend the period for continuation of health care coverage and requires employers to provide covered employees with appropriate notice of their rights, benefits and responsibilities under USERRA.
Veterans Employment Opportunities Act This statute extended the affirmative action and reporting responsibilities of federal contractors and subcontractors, which previously protected veterans of the Vietnam era and special disabled veterans, to include any other U. S. veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge was authorized. It also raised the reporting threshold from $10,000 to $25,000 and added the requirement to report the maximum and minimum number of persons employed on the VETS-100 report.
Vietnam Era Veteran Defined as an individual who served on active duty for more than 180 days, any part of which occurred during the period between August 5, 1964, and May 7, 1975, and who received other than a dishonorable discharge, as defined in the regulations implementing the Vietnam Era Veterans Readjustment Assistance Act of 1974.
Vietnam Era Veterans Readjustment Assistance Act of 1974 (VERA) Federal law requiring federal contractors or subcontractors with contracts of $10,000 or more to take affirmative action to employ and advance in employment disabled veterans or those who served during the Vietnam era.
Violation Failure to fulfill a requirement of the Executive Order, Section 503 or 38 U.S.C. 4212, or their implementing rules, regulations and orders. See "Deficiency." (The terms violation and deficiency are often used interchangeably.)
Virtual HR The use of technology to provide HR programs via an employee self-service platform. Typically includes use of such items as voice response systems, employee kiosks, etc.
Virtual mentoring A form of mentoring whereby the mentor and mentored communicate from a distance, utilizing either e-mail or other forms of electronic conferencing.
Virtual office/workplace The work site of employees such as sales reps or other types of employees who work off company premises and communicate with their respective workplaces via telephone or computer.
Vision statement A vision statement is a description of what an organization wants to become or hopes to accomplish in the future (typically in the next 10 years).
Vitally affects test An agency may be obligated to bargain with a union over matters that directly affect individuals other than unit employees insofar as such matters involve or “vitally affect” the terms and conditions of employment of unit employees
Vocational rehabilitation Refers to the process of rehabilitating and returning disabled individuals to the mainstream of economic and social life activities.
Voluntary leave/layoff Leave without pay that is taken on a voluntary basis by employees for specified duration. Often used as an alternative to layoff.
Voluntary reduction in hours Allows employees to voluntarily reduce their working hours as well as their pay for a specified duration. Also used as an alternative to layoff.
Voluntary subject of bargaining Subjects of bargaining other than those considered to be mandatory.
Volunteer Organizing Committee A term used to describe union members who volunteer for the union during organizing campaigns.
Volunteerism Organizational support, often in the form of paid leave or sponsorship, for employees pursuing volunteer opportunities or performing community services.
Wage and salary administration Procedures used for planning and administering organization-wide compensation programs for all levels of employees.
Wage and salary survey A benchmark report consisting of market pay data for a variety of jobs conducted either on a local or nationwide basis. Used to evaluate an organization’s own current pay structures and as a future compensation planning tool.
Wage curve Depicts pay rates currently being paid for each job within a pay grade in relation with the rankings awarded to each job during the job evaluation process.
Wage differential Differences in wage rates for similar jobs occurring either due to the location of company, hours of work, working conditions, type of product manufactured or other circumstances.
Wage gap The difference in pay between female employees and male employees who are performing the same or comparable jobs.
Wage garnishment Usually in the form of a court order, a garnishment requires withholding a portion of an employee’s earnings for repayment of a debt.
Wage structure Depicts the range of pay rates to be paid for each grade for various positions within the organization.
Wagner Act Also known as The National Labor Relations Act (NLRA), passed in 1935, provides that all employees have the right to form, join and assist labor organizations and to bargain collectively with their employers.
Waiver A document signed by either an employee or prospective employee in which he or she renounces certain specified rights or considerations.
Waiver clause Clause in a contract which, variously, states all issues have been or could have been discussed; all items that were agreed to are in the agreement; and the union has waived its right to bargain over any item not contained in the agreement. Note: the standard adopted by the NLRB for an effective waiver of a union’s right to demand bargaining, even during the term of an agreement, is clear and convincing evidence that the union agreed to waive its right to negotiate, which may be more strict than waiver language.
Walkout A term used to refer to a general, quickie or wildcat strike.
Weingarten rights The U.S. Supreme Court upheld a decision by the Labor Board that employees have a right, protected by Section 7 of the National Labor Relations Act, to insist upon union representation during an investigatory interview by the employer, provided the employee "reasonably believes" the interview "might result in disciplinary action." This right arises from Section 7's "guarantee of the right of employees to act in concert for mutual aid and protection." The right applies to unionized employees and is limited to situations where the employee specifically requests representation. The employer is not legally required to advise the employee of this right, and it applies only to investigatory meetings
Weingarten Rule The U.S. Supreme Court upheld a decision by the Labor Board that employees have a right, protected by Section 7 of the National Labor Relations Act, to insist upon union representation during an investigatory interview by the employer, provided the employee "reasonably believes" the interview "might result in disciplinary action." This right arises from Section 7's "guarantee of the right of employees to act in concert for mutual aid and protection." The right applies to unionized employees and is limited to situations where the employee specifically requests representation. The employer is not legally required to advise the employee of this right, and it applies only to investigatory meetings.
Welfare fund A fund developed through the collective bargaining process that provides employees for several employers with particular welfare benefits.
Welfare plan A plan designed to provide employees with coverage for medical or hospital care and surgical procedures. May also include other benefits, such as vacation or scholarship programs.
Welfare-to-Work Tax Credit The Welfare-to-Work Tax Credit is a federal income tax credit that encourages employers to hire long-term family assistance recipients, who begin to work any time after December 31, 1997, and before January, 2004. Established by the Taxpayer Relief Act of 1997, the tax credit can reduce employers' federal tax liability per new hire.
Well child care Health care benefits that provide payment for routine office visits and physical examinations, immunizations and laboratory tests for dependent children.
Wellness program Programs, such as on-site or subsidized fitness centers, health screenings, smoking cessation, weight reduction/management, health awareness and education, that target keeping employees healthy, thereby lowering employer’s costs associated with absenteeism, lost productivity and increased health insurance claims.
Whipsaw bargaining A union bargaining strategy whereby the union bargains with a succession of individual employers using each negotiated gain as leverage against another employer in order to secure even greater concessions.
Whipsaw strike A work stoppage against a single member of a bargaining unit composed of several employers.
Whistleblower Protection Act of 1989 Whistleblower protection is the federal law that provides protection to employees against retaliation for reporting illegal acts of employers. An employer may not rightfully retaliate in any way, such as discharging, demoting, suspending or harassing the whistle blower. Employer retaliation of any kind may result in the whistle blower filing a charge with a government agency and/or filing a law suit against the employer.
White An individual, not of Hispanic origin, with origins in any of the original peoples of Europe, North Africa or the Middle East.
White collar employees Employees who are paid on a salaried basis and whose jobs do not require the performance of work of a manual nature. Such individuals are normally employed in the capacity of managers, supervisors, salespeople, clerical or technical workers and meet the criteria of the FLSA white collar exemption test.
White-collar worker Employees who are paid on a salaried basis and whose jobs do not require the performance of work of a manual nature. Such individuals are normally employed in the capacity of managers, supervisors, salespeople, clerical or technical workers and meet the criteria of the FLSA white collar exemption test.
Wildcat strike Also know as an outlaw strike, it is an unauthorized work stoppage while a labor contract is still in effect.
Willful misconduct Willful misconduct is defined as any action, taken by an employee consciously and willfully, that is deliberately malicious or violates a company policy. Willful misconduct can include such things as: willful or deliberate behavior inconsistent with the continuation of employment; conduct causing imminent and serious risk to a person’s health, safety, reputation or the viability or profitability of the employer’s business; theft, assault or fraud; being under the influence of drugs or alcohol at work; or refusing to carry out a lawful and reasonable instruction consistent with an employment policy.
Withdrawal with Benefits \r\n Charge is withdrawn by charging party upon receipt of desired benefits. The withdrawal may take place after a settlement or after the respondent grants the appropriate benefit to the charging party.
Women-owned business enterprise A woman-owned business is a for-profit enterprise, regardless of size, located in the United States or its trust territories, that is owned, operated and controlled by women. Ownership by women means the business is at least 51% owned by such individuals or, in the case of publicly owned business, at least 51% of the stock is owned by one or more such individuals. Further, women control the management and daily operations.
Work and family programs Work programs and benefits, such as adoption benefits, dependent care assistance, leave programs, flextime, compressed workweeks, telecommuting, etc., implemented to provide employees with greater flexibility to meet both work and family demands.
Work hardening A program, typically lasting four to six weeks, that provides workers who were injured on the job and who have undergone physical or occupational therapy the strength to be able to resume normal work functions and therefore getting them back to work.
Work Opportunity Tax Credit The Work Opportunity Tax Credit (WOTC), authorized by the Small Business Job Protection Act of 1996 (P.L. 104-188), is a federal tax credit that encourages employers to hire nine targeted groups of job seekers by reducing employers’ federal income tax liability by as much as $2,400 per qualified new worker; $750, if working 120 hours or $1,200, if working 400 hours or more, per qualified summer youth.
Work sampling The measurement of how employees spend their time and the number of work units being produced by employees over a specific period of time. This is accomplished by randomly observing employees while they are performing their jobs and then using mathematical formulas to determine the sample size.
Work simplification The process of making a job easier and simpler to perform. Involves analyzing various job tasks by compiling work process, work flow and work distribution charts. The information is then reviewed, and new methods are introduced and tested to determine the most suitable and efficient method to be implemented.
Work stoppage A work stoppage occurs when employees cease to perform their jobs as a means of showing their support for a specific cause or as a way of voicing a grievance.
Work- to-rule A form of labor dispute where employees continue to work, but do only what the rules or their orders require them to do. The purpose is to make work so difficult, that the employer will accede to the union’s demands in negotiations.
Work/life balance Having a measure of control over when, where and how individuals work, leading to their being able to enjoy an optimal quality of life. Work/life balance is achieved when an individual’s right to a fulfilled life inside and outside paid work is accepted and respected as the norm, to the mutual benefit of the individual, business and society.
Workers Adjustment and Retraining Notification Act (WARN) of 1988 WARN requires employers (with 100 or more employees) that are planning a plant closing or a mass layoff to give affected employees at least 60 days' notice of such an employment action. While the 60-day period is the minimum for advance notice, this provision is not intended to discourage employers from voluntarily providing longer periods of advance notice. Not all plant closings and layoffs are subject to the Act. WARN sets out specific exemptions and provides for a reduction in the notification period in particular circumstances.
Workers’ compensation State laws enacted to provide workers with protection and income replacement benefits due to an illness or injury suffered on the job. Employers must carry appropriate workers’ compensation insurance, as required by state law, or have a sufficient source of funding for claims incurred.
Workers’ compensation programs State laws enacted to provide workers with protection and income replacement benefits due to an illness or injury suffered on the job. Employers must carry appropriate workers’ compensation insurance, as required by state law, or have a sufficient source of funding for claims incurred.
Workforce analysis A listing of each job title as the title appears in applicable collective bargaining agreements or payroll records ranked from the lowest paid to the highest paid within each department including department or unit supervision. For each job title, the following information must be given: the total number of male and female employees; the total number of male and female employees who are Black (not Hispanic), Hispanic, American Indian/Alaskan Native and Asian/Pacific Islander; and the wage rate or salary range.
Workforce planning The assessment of current workforce content and composition issues used to determine what actions must be taken to respond to future needs.
Workplace bullying Persistent, offensive, abusive, intimidating or insulting behavior or unfair actions directed at another individual, causing the recipient to feel threatened, abused, humiliated or vulnerable.
Workplace flexibility Defines workplaces who provide employees with flexibility in matters such as scheduling of hours worked, as well as providing the ability to address unanticipated family and personal needs as they arise.
Workplace violence Assaults and other violent acts or threats that occur in or are related to the workplace and entail a substantial risk of physical or emotional harm to individuals or damage to company resources or capabilities.
Written warning Written documentation given to an employee describing specific disciplinary infractions, such as inappropriate conduct, poor performance or violation of work rules/policies. Such documentation normally includes information regarding past infractions and what action will be taken if employee fails to improve.
Wrongful Discharge Generally, unlawful employment termination. The phrase "wrongful discharge" is frequently used to refer to exceptions created by the courts in some states to the employment at will doctrine (see above). Courts in such states differ in the circumstances in which they will allow wrongful discharge suits challenging a termination. State law on this issue is not of direct concern to OFCCP. The Executive Order, Section 503, 38 U.S.C. �4212 and implementing regulations prohibit termination based on a prohibited factor.
Yellow dog contract An employment contract or agreement, either oral or in writing, that forbids employees from joining or continuing membership in any labor union as a condition for continuing or obtaining employment.
yellow-dog contract An employment contract or agreement, either oral or in writing, that forbids employees from joining or continuing membership in any labor union as a condition for continuing or obtaining employment.
Zero-based bonus A plan design feature that establishes a pre-assigned class, ratio, or ranking for a specified class of employees who will receive zero bonus awards.
Zero-based budgeting A budgeting system that starts with no authorized funds as a starting point. In a zero-based budget, each activity or program to be funded must be justified every time a new budget is prepared and resources are allocated accordingly.
Zipper clause A provision in a collective bargaining agreement that specifically states that the written agreement is the complete agreement of the parties and that anything not contained therein is not agreed to unless put into writing and signed by both parties following the date of the agreement.