Glossary of words, terms and acronyms that every NYSUT member should know

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, programs and services provided by local governments (including community colleges), by private companies and in commercial facilities.

AFT

As a member of your local union and NYSUT, you are a member of the American Federation of Teachers. The AFT was founded in 1916 to represent the economic, social and professional interests of classroom teachers. With more than 1.3 million members, AFT represents K-12 teachers, paraprofessionals and school-related professionals, state and municipal employees, higher education faculty and staff, nurses and other health professionals. AFT sponsors conferences for its state and local affiliate leaders and members and produces a variety of publications on education, labor, health care and public service issues. A president, secretary-treasurer, executive vice president and a 38-member executive council govern the AFT. A national convention is held every two years to elect officers and to adopt resolutions setting policy. The AFT is an affiliated international union of the AFL-CIO. It advocates sound, common sense public education policies, including high academic and conduct standards for students and greater professionalism for teachers and school staff, high-quality public service through cooperative problem solving and workplace innovations, and high-quality health care provided by qualified professionals.

Arbitration

Arbitration is a process of dispute resolution (e.g., contract grievances) in which a neutral third party (arbitrator) or panel renders a decision after a hearing at which both parties have an opportunity to be heard. This is usually the final step in a grievance procedure. Depending on the agreement of the parties, an arbitration award may be advisory or binding.

Area Labor Federation

Area labor federations coordinate, oversee and fund the labor movement's work at the local level, which are carried out by a combination of central labor council and area labor federation activity. These federations are part of the New Alliance restructuring process now underway in a number of key states, and more states are expected to begin the New Alliance process in the coming months.
In October 1999, delegates to the AFL-CIO convention approved a resolution endorsing the New Alliance, a program to re-establish and enhance the labor movement's power and presence at the state and local levels.

Bargaining in Good Faith

Bargaining in good faith is a characteristic of collective bargaining that is required of labor and management by the National Labor Relations Act and the Taylor Law. This has been interpreted to occur when the employer and the representative of the employees meet at reasonable times and exhibit both give and take.

Building Representative, Steward, Union Rep

This is a local union official who represents members at the work site level. Responsibilities include keeping members informed of union activities and assisting members with professional issues. Many work-site reps also assist members with grievances and situations related to the collective bargaining agreement.

Central Labor Councils

A Central Labor Council is an organization of area labor leaders from different unions formed to deal with labor issues affecting the community or affecting their members collectively or individually. Many labor councils are also a source for labor's point of view on issues affecting the area's workforce.

Collective Bargaining

Collective bargaining, also known as collective negotiations, is the process of joint give and take by employers and employees' organizations. As contemplated by the National Labor Relations Act and guaranteed by the Taylor Law in New York state, collective bargaining is a process of agreements between the employer and the certified or recognized representative of union employees concerning wages, hours and other terms and conditions of employment. It requires that parties deal with each other with open and fair minds, sincerely trying to overcome obstacles between them in order to stabilize employment relations and prevent obstructions to the free flow of commerce.

Collective Bargaining Agreement

A collective bargaining agreement is a contract properly executed by an employer and an employee organization that represents a group of employees included within a bargaining unit (the union).

Committee of 100

The Committee of 100 is NYSUT's grassroots lobbying arm. Every local leader is asked to designate an individual to come to Albany to lobby senators and assemblypersons. When it began 30-plus years ago, this grassroots, statewide lobby group numbered 100 NYSUT members. Today, some 750 activists come to Albany twice each spring to meet with legislators regarding labor, education, health care and other issues important to NYSUT and its members. Other lobby days are held for NYSUT higher education and health care constituencies.

Delegate

Each NYSUT local elects individuals to serve as delegates or representatives to the annual NYSUT Representative Assembly (RA). Delegates are empowered with the authority to elect the officers and board members of NYSUT and to vote on policy resolutions and constitutional amendments.

Duty of Fair Representation

The obligation of the union imposed by state and/or federal labor laws, to fairly and impartially represent all bargaining unit members in collective bargaining and in the enforcement of the agreement.

Duty to Bargain

The obligation under the Taft-Hartley Act or the Taylor Law requiring employers and unions to bargain in good faith with respect to the terms and conditions of employment and to embody the agreements reached in collective bargaining contracts.

ED Directors

Election District (ED) Directors are the membership's elected representatives on the NYSUT Board of Directors. Each ED Director presides over periodic Election District meetings to bring information from NYSUT Board meetings, to address member questions and to take member concerns back to the full board.

Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a very broad law that covers many aspects of an employee's work life. This law addresses such things as overtime, breaks, travel time, on-call time, as well as the workweek. Most salaried employees are exempt from the FLSA's overtime provisions. There are numerous court cases that have set the standards for establishing which salaried employees are not covered under the FLSA's overtime provisions.

Family and Medical Leave Act

The Family and Medical Leave Act is a federal law that requires employers with more than 50 employees to provide up to 12 weeks of unpaid leave each year to qualified employees for medical or child care purposes. An employee is eligible under the law to take family and medical leave if she or he has been employed for at least 12 months and has worked at least 1,250 hours in the last year. When the need for family or medical leave is foreseeable and practical, the employee must give 30 days' notice of his or her intention to take the leave. Please consult your labor relations specialist for more information regarding this issue.

Freedom of Information Law (FOIL)

The Freedom of Information Law provides rights of access to records reflective of governmental decisions and policies that affect the lives of every New Yorker. The law preserves the Committee on Open Government, which was created by enactment of the original Freedom of Information law in 1974. The law applies to all government entities in New York, except the state Legislature and the courts.

Grievance

In labor law, a grievance is a claim that a specific policy or practice of the employer or specific provision or provisions of a collective bargaining agreement have been violated regarding wages, hours, or working conditions. It is resolved through a procedural mechanism provided in the union contract. A grievance is filed by an employee, or by his or her union representative.

Health Care Professional Council

NYSUT's Health Care Professional Council (HCPC) consists of representatives of NYSUT's membership who work in a variety of health care-related professions. NYSUT represents more than 12,000 full and part-time health care professionals in diverse titles including, among others: registered nurse, medical doctor, pharmacist, therapist, psychologist and clinical instructor. These professionals are employed in a wide range of work settings, such as public and private sector schools, hospitals, universities, visiting nurse associations, and residential and day treatment facilities. HCPC has been established by NYSUT to further improve communication with and delivery of resources to this important segment of its membership.

Higher Education Council

NYSUT's Higher Education Council consists of leaders from NYSUT locals that represent faculty, professional and technical staff at public and private higher education institutions and hospitals. The Council provides a forum for discussion of professional issues such as academic freedom, intellectual property rights and the use of technology. It also is a place to share information and ideas about labor relations and collective bargaining issues in higher education and teaching hospitals. Its members develop legislative and regulatory goals and identify education, training and research needs of higher education members.

HMO

A Health Maintenance Organization contracts with purchasers or members to provide all covered health services in return for the payment of a monthly premium. HMOs can be both insurers and providers of health care. They can be organized and managed by hospitals, physician groups, insurers, labor groups, employer groups or any combination of the above. Typically, they provide a comprehensive set of services through three models of organization: staff, individual practice associations (IPAs) and networks.

Impasse

An impasse exists when the parties engaged in collective bargaining become deadlocked and are no longer progressing toward a resolution of a contract. In public sector bargaining under the Taylor Law, a declaration of an impasse is relatively common and triggers the commencement of fact-finding and mediation efforts under the auspices of PERB. In the private sector, it is more difficult to determine if the parties are at a true impasse, but if one is found to exist, an employer may unilaterally implement the employer's last contract offer.

Lobbying activities/NYSUT

Lobbying activities involve local union leaders or NYSUT officers and staff — acting on behalf of NYSUT members — who influence the introduction of legislation and how elected officials vote on legislation and make their decisions regarding issues impacting members.

LRS

Labor Relations Specialists employed by New York State United Teachers are responsible for a broad range of activities including collective bargaining and contract administration. The LRS provides services to local affiliates of NYSUT and advocates on behalf of affiliates and members. The LRS works with local affiliates in the capacity of consultant, communicator, trainer and facilitator in the resolution of local issues.

Material Safety Data Sheets (MSDS)

A Material Safety Data Sheet is a chemical or product fact sheet prepared by the manufacturer of a product or chemical. It summarizes important information on the chemical or product ingredients, such as fire and explosion hazards, health hazards, protective measures, and handling and disposal methods.

NEA

With 3.2 million members, the National Education Association (NEA) is the largest labor union in the United States, representing education employees in all 50 states. If you are a NYSUT member employed in a K-12 through postgraduate educational institution, you are a member of the NEA. The NEA was founded in 1857 to promote the cause of public education and represent the economic and professional interests of those who work in public schools. Today the NEA plays a national leadership role in advocating for great public schools for all children and assists its 50 state affiliates in providing high quality services to members in more than 14,000 local affiliates. From its headquarters in Washington, D.C., NEA lobbies Congress and federal agencies on behalf of its members and public schools, supports and coordinates innovative projects, works with other education organizations and friends of public education, and provides training and assistance to its affiliates. The NEA governance structure consists of a president, vice president, secretary-treasurer, a 9-person Executive Committee and a 170-member Board of Directors. A national Representative Assembly of more than 9,000 delegates elected by local and state associations meets annually to elect officers and set the policies of the organization. The NEA has long been a recognized national leader in demanding equal access to high quality public schools to prepare all children to succeed in a diverse and interdependent world and the highest professional standards for educators.

NLRA

The National Labor Relations Act is federal legislation passed in 1935 that became the basic law governing private sector collective bargaining and unions in the United States. The purpose of the act is to promote the orderly and peaceful recognition of unions and the use of collective bargaining as a means for establishing the terms and conditions of employment.

NLRB

The National Labor Relations Board is the federal agency responsible for implementing and enforcing the National Labor Relations Act, the premier statute giving collective bargaining rights to workers in the private sector. In addition to conducting elections to determine if employees want to be represented by a union, the NLRB investigates and resolves charges of unfair labor practices.

OSHA

Occupational Safety and Health Administration (OSHA) is the federal agency responsible for regulating safety and health for private sector employees in the United States. OSHA sets minimum standards addressing many, but not all, workplace safety and health problems.

PAC

Political Action Committees are committees, clubs, associations, or other groups or persons formed to receive voluntary contributions for use in election campaigns. The organization, registration, reporting, and other activities of such organizations are regulated by federal and state laws. Within NYSUT there are actually two types of PACs — one is the group of leaders appointed by the president to help organize political activities in a geographic area; the other is the legally constituted vehicle by which NYSUT raises and disburses voluntary political contributions, VOTE-COPE. The PAC is responsible for making recommendations to the NYSUT board regarding endorsements in New York Senate, Assembly and Congressional races, as well as in statewide contests. Each PAC member is responsible for a senatorial district, and he or she coordinates political activities in the field.

PERB

The Public Employment Relations Board (PERB) was established under section 205 of the Civil Service Law. PERB consists of three members appointed by the Governor and confirmed by the New York State Senate, one of whom serves as the chairperson of the board. In addition, PERB has a staff consisting of administrators, attorneys, administrative law judges (ALJs), mediators, and fact finders who work with public employers and employees to settle negotiations and disputes. It also oversees representation and election questions, and investigates and decides improper practice charges.

PESH

The Public Employees Safety and Health bureau is in the New York State Department of Labor. It enforces OSHA Standards for New York's public employees.

PESH Act

The Public Employees Safety and Health Act is a New York state law that provides safety and health coverage to all public employees at the state and local level. Under the act, the same safety and health laws that apply to workers in the private sector, OSHA Standards, are applied to employees in the public sector.

Phone Banking

Phone banking involves a group or team of volunteers who make message-specific phone calls to targeted members of the voting public during an election period on behalf of a political cause or politician. Phone banking includes support activities for state contests and local elections, e.g., school board, city/town council, school budget votes and local county legislators.

Picketing/ Informational

Picketing involves patrolling the entrance or vicinity of a work site by members of a labor union in order to inform the public and other employees of a labor dispute. It connotes peaceable methods of presenting a cause to the public near the employer's premises.

Point-of-Service Plan

A plan that allows use of participating and non-participating providers each time the patient seeks services. Such a plan may also be called an open-ended HMO (OEHMO), a swing-out HMO or self-referral option (SRO). POS plans may be fully insured, partially insured or fully self-insured.

Political Action Coordinators

NYSUT has at least one person in each state senatorial district responsible for coordinating volunteers to work phone banks, write letters, visit elected officials, and otherwise be involved in political action efforts of the union at the local level.

PPO

A Preferred Provider Organization is a group of health care providers, usually hospitals and/or physicians, that contracts with an employer to provide health services to covered individuals and families at a discount. The sponsorship and configuration can vary significantly.

Privatization

Also known as outsourcing or contracting out, privatization is the hiring of private companies to do the work of public employees. Many municipal, county and state governments turn to private companies who claim they can provide the same service at less cost. That cost reduction is accomplished through reduced employee pay, benefits and hours, and changing most full-time jobs into part-time jobs filled with less-experienced workers.

PRO Network

The Professional Rights and Opportunities Network. In response to growing pressure on the rights of professional employees, the AFT, the Newspaper Guild–CWA and the AFL-CIO's Department for Professional Employees (DPE) have launched the PRO Network. PRO will release periodic reports, hold forums, coordinate public information campaigns, as well as suggest legislation and regulatory reforms on issues relating to the rights of professional employees.

PSC/CUNY

Professional Staff Congress is the NYSUT affiliate that represents the faculty and professionals of City University of New York.

Quality Service from Quality People

A nationwide program calling on AFT / NYSUT Public Employees locals to highlight the great work of public employees, to recognize politicians for their support for quality services, to establish a professional development program and to get involved in the public policy debate over government services.

Right to Know

The name of a New York state law that requires employers to provide public employees with information and training on hazardous chemicals in their work area.

Seniority Rights

Seniority rights are those rights to job security and priority in excess or layoff situations and are based on length of service in a specific area.

Al Shanker

Former president of the American Federation of Teachers, Albert Shanker taught mathematics in New York City public schools before helping to organize and become a leader of New York City's United Federation of Teachers. Shanker also served as UFT president from 1964 to 1986 and was a key force in creating and organizing the 500,000-member NYSUT. "Al Shanker dedicated his life to improving the quality of teaching and learning in America's public schools," said NYSUT President Emeritus Tom Hobart. "Many of the innovations and reforms that are on the cutting edge of today's national education debate were championed by Al years ago." Shanker argued that the public schools could be improved by encouraging rigorous academic and conduct standards. Shanker died in 1997.

Strike

A strike is a concerted refusal to work that is undertaken in support of a union's bargaining demands. In the private sector, the right to strike is expressly protected under federal law. Public employees in New York are denied this fundamental right by the Taylor Law, which prohibits and imposes penalties against employees and unions for "engaging in, causing, instigating, encouraging or condoning a strike or strike activities."

Taft-Hartley Act

Passed in 1947, the Taft-Hartley Act comprised of amendments to the National Labor Relations Act that were designed to strengthen management's power by eliminating unions' rights to conduct secondary boycotts and outlining unfair labor practices by unions and rules governing a union's obligation to bargain in good faith.

Taylor Law

The Taylor Law, formally called the Public Employees' Fair Employment Act, is contained in Article 14 of the Civil Service Law. Enacted in 1967, the Taylor Law governs employment relations between public employers and public employees in New York state. Under the Taylor Law, public employees are guaranteed the right of self-organization and representation for collective negotiations. Self-organization rights enable public employees to join or refrain from joining employee organizations (unions) of their choice. Representation rights enable employees to designate an employee organization as their representative in collective negotiations with their public employer over wages, hours, and other terms and conditions of employment, and in the administration of grievances arising from their negotiated agreements.

Triborough

The Triborough Amendment to Civil Service Law 209-a(1)(e) requires employers to continue all the terms of an expired agreement until a new agreement is negotiated. Before the enactment of the law, public employers were free to unilaterally diminish benefits as contracts expired.

UUP

United University Professions is NYSUT's local affiliate representing the academic and professional staff of State University of New York.

VOTE/COPE

Voice of Teachers for Education/Committee on Political Education is the name given to the merged political action committees when the New York State Teacher Association and United Teachers of New York (UTNY) joined forces and became the New York State United Teachers in 1972. NYSUT's 29 VOTE-COPE coordinators oversee the annual campaign for voluntary contributions from members to be used in support of our legislative and political action activities. More than 186,000 NYSUT members contributed to VOTE-COPE in 2006, making it one of the largest and most successful PACs in New York State.