AFGE Steward Glossary

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ABROGATION TEST

A test the Federal Labor Relations Authority (FLRA or Authority) applies in determining whether an arbitration award enforcing a contract provision affecting managements 5 USC 7106(a) rights is deficient.

 

ACCRETION

When some employees are transferred to another employing entity whose employees are already represented by a union, 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.

 

AGENCY HEAD REVIEW

Requirement that negotiated agreements be reviewed for legal sufficiency by the head of the agency (or his/her designee). 5 USC 7114(c)(1). This must be accomplished within 30 days from the date the agreement is executed. 5 USC 7114(c)(2).

 

AGENCY SHOP

A requirement that all employees in the unit pay dues or fees to the union to defray the costs of providing representation.

 

AMERICAN ARBITRATION ASSOCIATION (AAA)

A private nonprofit organization that, among other things, provides lists of qualified arbitrators to unions and employers.

 

APPROPRIATE ARRANGEMENT

One of three 5 USC 7106(b) exceptions to 5 USC 7106(a) management rights. Under 5 USC 7106(b)(3) a proposal that interferes with managements rights can nonetheless be negotiable if the proposal constitutes an "arrangement" for employees adversely affected by the exercise of a management right and if the interference with the management right isn't "excessive" (as determined by an "excessive interference" balancing test).

 

ARBITRATOR

An impartial third party to whom the parties to an agreement refer their disputes for resolution. 5 USC 7121 (b)(1 )(C)(iii) mandates that negotiated grievance procedures provide for binding arbitration of unsettled grievances.

 

Questions? Email @ hong.li@afge.org © AFGE 2016