Glossary

article placeholder

Concerted activity

Employee activity in association with others that usually involves union organizing, protesting employer conduct, or asserting other mutual aid and...
article placeholder

Collective bargaining

The negotiation by an employer and a bargaining agent of terms and conditions of employment governing the members of a bargaining unit. When successful, their...
article placeholder

Collateral estoppel

A doctrine barring evidence about a fact or issue that was subject to prior adjudication from being offered in a subsequent arbitration. This concept is...
article placeholder

Class action

An action in which two or more employees with a common interest file a grievance on behalf of themselves and all similarly-situated...
article placeholder

Burdens

The burden of going forward refers to the party with the obligation to present evidence first on a matter in dispute. The phrase “burden of proof,” or...
article placeholder

Bumping

A procedure permitting a worker subject to layoff, transfer, or other contractual action the right to displace a worker with less...
article placeholder

Brief

A written summary of facts and legal principles related to a dispute. A post- hearing brief often is used instead of a closing statement (or closing argument)...
article placeholder

Bifurcation

Dividing a labor arbitration hearing to permit the separate consideration of arbitrability questions and the merits of the case. Bifurcation also may refer to...