13 NCAC 04A .0103         DEFINITIONS

The following definitions shall apply throughout this Chapter:

(1)           "division" ‑‑ those employees of the department who are responsible for promoting permanent labor‑management peace and protecting the rights and interests of the people of ths state by the prevention or prompt settlement of labor disputes;

(2)           "director" ‑‑ that individual responsible for planning, directing, controlling, and implementing division services;

(3)           "conciliation" ‑‑ a process whereby parties in controversy seek to reconcile their differences by using a third party as an intermediary; The conciliator in the conciliation process acts as a catalytic agent, by being available, but does not take an active part in the settlement process;

(4)           "mediation" ‑‑ a form of conflict resolution, requested by either or both parties in controversy, which serves as a vehicle for continued negotiations and ultimate settlement; The mediator in the mediation process takes an active part in the settlement process by listening, reviewing, analyzing, suggesting, advising, and reasoning with the parties in controversy;

(5)           "voluntary arbitration" ‑‑ a procedure whereby parties, unable to agree on a solution to a problem, indicate their willingness to be bound by the decision of a neutral third party;

(6)           "arbitrator" ‑‑ one who intervenes, upon request by the parties, in a labor dispute and renders a binding decision in an unreconcilable controversy;

(7)           "bench decision" ‑‑ a decision rendered by an arbitrator immediately upon conclusion of the hearing;

(8)           "collective bargaining agreement" ‑‑ a contract or mutual understanding between a union and company or their representatives setting forth the terms and conditions of employment for a specific period of time;

(9)           "party" ‑‑ any company, union, or individual employee responsible under the terms of a collective bargaining agreement, or any employer or employee in a non‑union employer/employee relationship.


History Note:        Authority G.S. 95‑36; 95‑36.3;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.