Page 19 - June2020 FOP Magazine

with the legislative procedures articulated in the Local Records Act.
The court rejected the Lodge’s argument that Section 15 of the Illinois Public Labor Relations Act establishes its own pub- lic policy requiring the enforcement of arbitration awards and collective bargaining agreements.
The sole dissenting judge, Justice Kilbride, highlighted the fact that the arbitrator’s award “merely directed the parties to meet and negotiate.” Not necessarily to destroy the docu- ments immediately. Indeed, he emphasized that “the arbitra- tor did not order the destruction of any records.” Despite dis- senting from the conclusion, Justice Kilbride conceded that he did “agree with the majority that there is a ‘well-defined and dominant’ public policy rooted in state law concerning the procedures for the proper retention and destruction of government records” and that an arbitrator’s award violating this public policy “can be set aside.”
However, Justice Kilbride correctly recognized the “sepa- rate ‘well-defined dominant’ public policy in state law to en- force collective bargaining agreements and labor arbitration awards.” Justice Kilbride then discussed the U.S. Supreme Court law emphasizing the importance of arbitration awards in upholding rights guaranteed by collective bargaining agree- ments. He noted that the Illinois Supreme Court subsequently followed the key U.S. Supreme Court decisions and affirmed that the public policy exception is very narrow. Justice Kilbride explained:
Collective bargaining and the enforcement of arbitra- tion awards are the cornerstone of labor policy. The ma-
jority’s opinion discounts the basic protections guar- anteed to public employees by the Illinois Public Labor Relations Act.
Justice Kilbride also correctly noted that the consent decree entered in 2019 “specifically states that it was not intended to alter, impair or conflict with the collective bargaining agree- ments or rights of employees under the Public Labor Relations Act[,]” and that “nothing in the Local Records Act requires the indefinite retention or permanent preservation of records.” The Local Records Act simply provides a process, and the ar- bitration award could be implemented consistent therewith. Justice Kilbride concluded that:
The arbitrator in this case did not mechanically apply the provisions of the collective bargaining agreement. Instead, the arbitrator thoughtfully included public pol- icy considerations in the decision and merely directed the parties to meet and negotiate. The arbitrator did not order the destruction of any police misconduct records or any other police disciplinary records.
As the arbitration process across the country is under attack these days, Justice Kilbride’s acknowledgment of the impor- tance of the finality of arbitration awards is significant. To say that the Lodge is disappointed with the majority’s ruling is an understatement. Frankly, all public and private sector unions should share the Lodge’s concerns over the court’s undermin- ing collective bargaining protections simply to placate the current anti-police rhetoric. The Lodge will continue to eval- uate its options.
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