Page 19 - December 2017

in the newly established penalty ranges.” Clearly, the same misconduct now will carry a different disciplinary penalty for employees than it would have carried prior to the implemen- tation of the new CR Matrix. In short, she found that the CR Matrix has an impact on Officers’ discipline.
As part of her order, the ALJ required the City to cease and desist from failing and refusing to bargain collectively with the Lodge. She went on to order the City to bargain in good faith with the Lodge over the City’s decision to create a CR Matrix and Guidelines moving forward. Moreover, the City must re- store the “status quo” (to place the parties in the same position they had been in before the unilateral action) and rescind the unilaterally imposed CR Matrix and Guidelines and, more im- portantly, rescind any disciplinary action imposed upon any bargaining unit member using the new matrix (but could reas- sess the level of discipline that may be imposed using the prior review process that had been in place).
Finally, the City has been ordered to make all bargaining unit members who have been negatively affected whole for any losses (including back-pay losses that resulted from dis- ciplinary penalty, with interest). The Lodge does not currently know how many individual officers have been affected.
Although the ALJ found that the CR Matrix is also a matter of inherent managerial authority, she found that the City must bargain with the union nonetheless. The benefits of bargain- ing with the Lodge over the CR Matrix strongly outweigh any burden it might impose on the City. Indeed, the Lodge has significant insight that can be offered at the bargaining table. Not lost on anyone is the fact that the parties currently are in
negotiations.
I would be remiss if I didn’t mention that the Lodge contin-
ues to wait on two other decisions currently pending in front of administrative law judges. One involves the expansion of the Body-Worn Camera Pilot Program, and the other involves the release of police videos. As with the CR Matrix, the City unilaterally implemented changes without bargaining with the Lodge. As with the CR Matrix, the Lodge has asked for a cease-and-desist order. Does anyone else but the Lodge see a pattern in the City’s behavior? Both matters have been tried, are fully briefed and await decisions.
As the adage goes, the wheels of justice turn slowly. The RDO is a great start. It is a well-reasoned decision. It is supported by facts contained in the record and follows a long line of case law. However, the City has the ability to challenge the decision by filing “exceptions” or an appeal with the Illinois Labor Re- lations Board no later than Dec. 8, 2017. Not surprising, the Department has indicated it does plan to pursue the excep- tions. Of course, even after the Illinois Labor Relations Board rules in favor of the Lodge and affirms or “adopts” the ALJ’s RDO (which we are confident will happen), the City inevitably can pursue another appeal with the state court. Rather than comply with its legal obligations and bargain with the Lodge as it should have done all along, the City would rather waste more time and resources in pursuing appeals.
But as the City knows, the Lodge will not stop looking out for its members and ensure compliance with the law. d
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