Tired of trying to figure out the difference between an RD and an RC? What the heck is a ULP anyway? The following glossary is meant to help you sort out the typical jargon associated with National Labor Relations Board (a.k.a. NLRB) proceedings. Thousands of other related terms can be found in A Manager’s Guide to Labor Relations Terminology, Second Edition.
Bylaws:
Most local unions have Bylaws which describe the way in which they will operate. The Bylaws include how the union will be organized, its officers’ functions, the duties of members and certain objectives of the union. If the local is a member of an International union, in virtually every case the Bylaws of the local bind it to the Constitution and Bylaws of the International. In essence, every local union is subordinate to the larger International union.
Constitution:
The rules of government of an International union, and in some cases Local unions, are codified in what is known as the union’s Constitution. Constitutions specify the way the union will function, the way its officers will be paid, how it will be organized, and the duties of members of the union.
LM-2:
As part of the Labor-Management Reporting and Disclosure Act, unions are required to provide financial information to the Department of Labor on an annual basis. The form the unions use is called an LM-2 (and LM-3 for smaller unions) and is public information available from the Labor Management Services Administration.
RC Petition:
An RC petition is the nomenclature that the NLRB applies to the standard representation case matter which will ultimately decide whether employees will be represented by a union. It can also be applicable in a situation where one union "raids" another union; that is, one union challenges the other union’s authority through the filing of a petition. When the Board receives an RC petition, it may only be disposed of by the conduct of an election, dismissal by the NLRB, or withdrawal by the petitioner.
RD Petition:
When employees wish to decertify their union, the starting point is a decertification petition, that is, an RD petition. The process in an RD is identical to an RC. There must be a showing of interest before the Board will investigate the case. In most cases, the ultimate result is that an election is conducted to determine whether the employees will continue to be represented by their union.
Unfair Labor Practices (ULPs):
Section 8 of the National Labor Relations Act specifies certain types of behavior on the part of unions and employers and their agents as being impermissible. Charges relative to employer conduct are laid out in Section 8(a) of the Act, and charges relative to union conduct are laid out in Section 8 (b) of the Act. When an unfair labor practice charge is filed, the NLRB seeks a position from the parties relative to the charge. The Board then attempts to resolve the charge either by a preliminary investigation or settlement between the parties.
