At Disparti Law Group Accident & Injury Lawyers, we proudly support several local unions in Chicago and the surrounding area. We want union members to feel safe, protected, and empowered as they work day in and day out to build and support our great city.
Knowledge is power. So here are a few terms we think every union member should know. Union workers should understand their rights in case of a work injury or other work-related issues.
Unfair Labor Practice Union Terms
- Administrative Law Judge (ALJ)
- Charge
- Charging Party
- Collective Bargaining
- Duty of Fair Representation
- Fair Share Agreement
- Good Faith Bargaining
- Grievance
- Illinois Public Labor Relations Act
- Illinois Relations Board, Local and State Panel
- Respondent
- Labor Relations Board
- Unfair Labor Practices
Administrative Law Judge (ALJ)
An ALJ is an impartial government-appointed official who presides over formal hearings regarding unfair labor practices. They make decisions on disputes involving public agencies, regulatory compliance, and employment matters.
Charge
In labor law, a “charge” refers to a formal complaint filed with a labor board or agency, such as the National Labor Relations Board (NLRB), alleging a violation of labor laws or unfair labor practices. The charge initiates an investigation into the alleged misconduct.
Charging Party
The charging party is the individual, union, or organization that files a complaint or charge with a labor board, claiming a violation of labor laws or unfair labor practices by an employer or union
Collective Bargaining
Collective bargaining is the process by which a union and an employer negotiate terms and conditions of employment, including wages, benefits, and working conditions. This process aims to reach a mutually agreed-upon contract, known as a collective bargaining agreement.
Duty of Fair Representation
This duty requires unions to represent all members of a bargaining unit fairly and impartially in negotiations, grievances, and other related matters, regardless of union membership. It prevents discriminatory or arbitrary actions by the union.
A fair share agreement is a labor contract provision that requires all employees in a bargaining unit, including non-union members, to pay a share of the union’s costs related to collective bargaining and contract administration.
Good Faith Bargaining
Good faith bargaining refers to the legal obligation for both employers and unions to participate in collective bargaining with honest intentions, a willingness to negotiate, and an effort to reach a fair agreement without deliberate delays or refusal.
Grievance
A grievance is a formal complaint made by an employee or union against an employer regarding the violation of a collective bargaining agreement, workplace policy, or employment rights.
Illinois Public Labor Relations Act
This Act governs the labor relations between public employers and their employees in Illinois, granting public employees the right to organize, engage in collective bargaining, and address disputes through established legal procedures.
Illinois Relations Board, Local and State Panel
The Illinois Labor Relations Board oversees the administration of labor relations laws for public employees. It is divided into Local and State Panels to address different jurisdictions and disputes involving public-sector labor relations.
Respondent
In labor law, the respondent is the party, typically an employer or union, against whom a charge or complaint has been filed, and who must respond to the allegations made by the charging party.
Labor Relations Board
A labor relations board, such as the National Labor Relations Board (NLRB), is a governmental agency responsible for enforcing labor laws, overseeing union elections, and investigating unfair workplace labor practices.
Unfair Labor Practices
Unfair labor practices refer to actions by employers or unions that violate workers’ rights under labor laws, such as interfering with employees’ rights to organize, discriminating against union members, or refusing to engage in collective bargaining.
Union Representation Terms
- Arbitration
- Authorization Card
- Bargaining Rights
- Bargaining Unit
- Certification
- Certification Bar
- Confidential Employee
- Consent Election
- Contract Bar
- Decertification
- Garrity Rights
- Union Representative
- Weingarten Rights
Arbitration
Arbitration is a method of resolving disputes between the union and the employer by using a neutral third party (an arbitrator). The arbitrator hears both sides and makes a binding decision, often regarding issues such as contract interpretation or disciplinary actions.
A form that workers sign to indicate they want a union to represent them in negotiations with their employer. Once a sufficient number of employees sign authorization cards (usually 30%), a union can petition the National Labor Relations Board (NLRB) to hold an election.
Bargaining Rights
The rights of a union to negotiate on behalf of workers over employment terms such as wages, hours, and working conditions. These rights are typically granted once a union is certified as the exclusive bargaining representative of a group of employees.
Bargaining Unit
The rights of a union to negotiate on behalf of workers over employment terms such as wages, hours, and working conditions. These rights are typically granted once a union is certified as the exclusive bargaining representative of a group of employees.
Certification
The official recognition by the NLRB or other relevant labor authority that a union has been selected by a majority of workers in a bargaining unit to act as their representative in negotiations with the employer.
Certification Bar
A rule that prevents any challenges to a union’s status as the exclusive bargaining representative for a year after it has been certified by the NLRB. This is intended to provide stability during the initial bargaining process.
Confidential Employee
An employee who has access to sensitive information related to labor relations, such as company policies or negotiation strategies. These employees are typically excluded from union representation because of potential conflicts of interest.
Consent Election
A type of union election agreed upon by both the employer and the union, where the terms and conditions (such as the timing and location) are settled without the need for an NLRB hearing.
Contract Bar
A rule that prevents any challenge to a union’s status during the term of a valid collective bargaining agreement (up to three years). This helps ensure stability in labor relations during the life of a contract.
Decertification
The process through which workers can remove a union as their bargaining representative. If 30% or more of the bargaining unit sign a petition, the NLRB can hold a decertification election.
Garrity Rights
These are protections for public employees during an internal investigation by their employer. Under Garrity, an employee can be compelled to answer questions, but their answers cannot be used against them in a criminal prosecution.
Union Representative
A member or officer of a union who represents the interests of the workers in negotiations, grievances, and other dealings with management. Union reps often enforce the collective bargaining agreement and advocate for workers.
Weingarten rights
The rights of unionized employees to have a union representative present during an investigatory interview that the employee reasonably believes might lead to discipline. These rights help ensure fair treatment in workplace investigations.
Union Workers’ Comp Terms
- Agreed medical evaluator (AME)
- AOE/COE
- Appeals Board
- Benefit Notice
- Claims Administrator (adjuster)
- Commutation
- Cumulative Injury
- Date of Injury
- Defendant
- Disability
- Disability Evaluation Unit (DEU)
- Disability Management
- Filing
- Future Earning Capacity (FEC)
- Future Medical
- In pro per
- Independent medical examiner (IME)
- Impairment rating
- Lien
- Maximal Medical Improvement (MMI)
- Modified Work
- Permanent and stationary (P&S)
- Permanent partial disability (PPD)
- Permanent total disability (PTD)
- Predestination
- Temporary Partial Disability (TPD)
- Temporary Total Disability (TTD)
- Utilization Review (UR)
- Vocational Rehabilitation (VR)
Agreed medical evaluator (AME)
An AME is a doctor whom the employer and the union member (or their attorney) agree to evaluate your work-related injury or condition in a workers’ compensation case. The AME’s report is used to determine benefits.
AOE/COE
(Arising out of and occurring in the course of employment) A legal standard that determines whether an injury or illness is work-related and thus eligible for workers’ compensation. The injury must both “arise out of” and “occur in the course of” employment.
Appeals board
A judicial body that hears disputes over workers’ compensation claims, including issues regarding a worker’s benefits, medical care, and disability status.
Benefit notice
A written notice provided by the claims administrator or employer to inform the worker about their workers’ compensation benefits, including what benefits are available and when they will be provided.
Claims administrator (adjuster)
A professional responsible for managing workers’ compensation claims on behalf of the employer or insurance company. They evaluate claims, approve or deny benefits, and arrange for medical care.
Commutation
A lump-sum payment of future workers’ compensation benefits (such as permanent disability or medical benefits) instead of receiving them in smaller, periodic payments over time.
Cumulative Injury
An injury that results from repetitive physical or mental stress or strain over time, rather than from a single incident. Examples include carpal tunnel syndrome or hearing loss due to prolonged noise exposure.
Date of Injury
The specific date when a work-related injury or illness occurred. For cumulative injuries, this may be the date when the worker first became aware of the condition and its relation to their work.
Defendant
In a workers’ compensation claim, the defendant is typically the employer or the employer’s insurance carrier, who is responsible for paying workers’ compensation benefits.
Disability
A condition that limits an employee’s ability to work as a result of a workplace injury or illness. Workers’ compensation laws categorize disability as temporary or permanent, and partial or total.
Disability Evaluation Unit (DEU)
A unit within the workers’ compensation system that evaluates the level of permanent disability for injured workers. The DEU provides a disability rating, which helps determine the amount of compensation.
Disability Management
A coordinated approach to managing an injured worker’s medical treatment and rehabilitation to facilitate recovery and return to work, while minimizing time off and future disability.
Filing
The process of submitting a workers’ compensation claim to the appropriate agency, court, or board to formally initiate the claims process.
Future Earning Capacity (FEC)
A factor used in calculating permanent disability benefits based on how much the worker’s earning potential is reduced due to a work-related injury.
Future medical
Medical care that an injured worker is entitled to receive after the initial claim is settled, for conditions that require ongoing treatment due to the work injury.
In Pro Per
A term used to describe a worker who is representing themselves in their workers’ compensation claim, without an attorney.
Independent medical examiner (IME)
A doctor who is not affiliated with either the worker or the employer but is selected by a workers’ compensation board or court to provide an impartial medical evaluation in cases where there is a dispute.
Impairment rating
A percentage rating that represents the extent of permanent physical or mental impairment caused by a workplace injury. It is used to calculate the level of permanent disability benefits.
Lien
A legal claim filed by a medical provider, attorney, or other party for payment of services or fees related to a workers’ compensation claim. Liens are typically resolved before the final settlement.
Maximal Medical Improvement (MMI)
The point at which a doctor determines that an injured worker’s condition has stabilized and is unlikely to improve further with treatment. At this stage, the worker is evaluated for permanent disability.
Modified Work
A type of employment offered by the employer that accommodates an injured worker’s medical restrictions, allowing them to return to work in a role that fits their current physical capabilities.
Permanent and Stationary (P&S)
A medical designation indicating that an injured worker’s condition has reached a plateau, meaning they are not expected to get significantly better or worse. It is often the point when permanent disability is assessed.
Permanent partial disability (PPD)
A condition where a worker has sustained a permanent disability but is still able to perform some work, albeit with limitations. PPD benefits compensate for the partial loss of earning capacity.
Permanent total disability (PTD)
A condition where a worker is unable to return to any form of gainful employment due to a work-related injury. PTD benefits provide long-term compensation for workers who are completely disabled.
Predestination
The process of selecting a specific doctor to provide medical care in the event of a work-related injury, typically before any injury has occurred. This is common in workers’ compensation systems where the worker has the right to choose their doctor.
Temporary Partial Disability (TPD)
A condition where a worker can return to work but only in a limited capacity or part-time due to a temporary injury. TPD benefits make up for the difference between pre-injury and post-injury wages.
Temporary Total Disability (TTD)
Temporary Total Disability (TTD): A condition where an injured worker is temporarily unable to perform any work due to a workplace injury. TTD benefits provide income replacement until the worker can return to work.
Utilization Review (UR)
A process in workers’ compensation where medical treatment requests are reviewed by the claims administrator or insurer to determine if the treatment is medically necessary and covered under the claim.
Vocational Rehabilitation (VR)
A program designed to help injured workers return to work by offering retraining, education, or job placement assistance, especially when they can no longer perform their pre-injury job due to their injury.
Larry Wins for Union Members!
As the son of a union family, Attorney Larry Disparti fights the good fight for union members. If you or your loved one is facing a union matter of any kind, it may be time to speak to an experienced labor and employment lawyer.
Our firm has handled a wide range of union matters and one thing is for sure… we know how to win. For a FREE case review, contact us today at (312) 600-6000.
