The Meaning of Language

“There's a sign on the wall but she wants to be sure.

And you know

sometimes words have two meanings.”

Stairway to HeavenLed Zeppelin

sometimes words have two meanings.”

Agreement language should be clear, concise, and as brief as possible.

“No school, no pay”

• However, sometimes you do have to explain things a little bit.

I know you believe you understand what you think I said; but what you fail to realize is that what you heard is not what I meant.

I know you believe you understand what you think it is we agreed to; but what you fail to realize is that what I wrote is not what you meant.

Before you propose language, remember:

• There is no perfect language.– Critical points can be left out or misstated

• Times change.– Language may have made sense in past, not

today

• It’s covered somewhere else.

Know your agreement and take a global approach.

Does the proposed language conflict with or eliminate an existing, more favorable provision?

• Document why you adopt or change language.– Create a record in the minutes or a separate

document that explains the reasons for the language and provides examples of how it is to apply.

• Let the words rest.– Write your language and put it aside. Read it

later to see if it still says what you intend.

• Let your mind wander.– Review your language for loopholes. Review

union’s proposed language for hidden meanings or intent.

• Let someone else read it.– Have outsider read it and explain it to you. If

they can’t, it may not be clear enough.

MANAGEMENT RIGHTS

The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union's geographical jurisdiction, in determining the need and number as well as the person who will act as Foreman, in requiring all employees to observe the Employer's and/or owner's rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause.

MANAGEMENT RIGHTS

The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union's geographical jurisdiction, in determining the need and number as well as the person who will act as Foreman, in requiring all employees to observe the Employer's and/or owner's rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause.

MANAGEMENT RIGHTS

The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement,

• Most important line, you should carefully consider how any proposed addition or change to the agreement will affect this sentence and limit employers’ rights and abilities to manage jobs.

“The use of cell phones during work hours is prohibited.”

• So what’s wrong with this? Nothing, except . . .

• It’s unneeded.– Probably already have company rules about personal

phone calls.

• It’s really a limitation.– You’ve entered negotiations over a “management

right.”

• It’s old school.– Doesn’t reflect new and coming technologies that you

may now have to negotiate.

• It’s an invitation.– To grievances and union requests for “exceptions.”

Language is binding.–Expiration dates in Market

Recovery memos• If agreement says it terminates, it does – use

“evergreen” language.

–Perpetuating Temporary Language

• If provision doesn’t say it ends, you may be stuck with it.

Language is binding.–Waiting time must be paid.

• So try to get it out or get it modified

–Show up time must be paid.

–Reports must be filed.

The law requires you to give information to the union.– The union is entitled to relevant information

concerning wages, hours, and working conditions of the bargaining unit employees for purposes of negotiations, grievance handling, and policing the agreement. The request doesn’t have to be “reasonable,” only relevant.

• Language to look out for– Shifting Holidays

• Two holidays on the same day?• If you move a holiday celebration then work the actual

holiday, how is it paid?

– Spreading Increases• Allowing union unilateral right to direct increases to fringe

funds could have unfortunate results – propping up failing funds that need benefit changes; dissatisfaction among younger workers who would rather have a pay increase than pension improvement.

– Setting Wage Rate• Inadvertently creating a new classification through a wage

rate, for example Journeyman-Welder as opposed to Journeyman while welding.

• Zipper Clause

– “The written contract constitutes the full and complete agreement and supersedes any prior agreement or practices not specifically preserved in the contract.”

• Helps to eliminate negative past practices• May eliminate beneficial past practices

Sometimes your agreement language has no meaning at all.– Can’t bargain away statutory rights.

– In most cases, if the law provides the worker a right, the union can’t agree otherwise

Sometimes your agreement language has no meaning at all.– Per diem– Continuing Education– Drive Time– Rework– Age Ratio

• Items like these need to be reviewed for conflicts with IRS Code and wage and hour laws which could render them ineffective.