Page 18 - December 2018

Another Victory
Failure to verify anonymous allegations rescinds suspension
In a recent arbitration hearing conducted by one of my partners, Brian Hlavin, the FOP prevailed in a significant case related to
an important provision in our Collective Bargaining Agreement: Article 6 – Bill of
by helping his father at his father’s retail business. At no time did the grievant receive any compensation for his time helping out at the business, which was similar to other family members who also volunteered their time at the business. Further, despite being under near-daily surveillance for a two-month period, at no time did the City observe the grievant performing any duties which would have been contrary to the medical restric- tions associated with his knee injury. Rather, the grievant limited his volunteer activities to answering phones, assisting
customers and other non-strenuous miscellaneous tasks.
The department initiated its investigation after it received an anonymous complaint, via electronic communication, which accused the grievant of working secondary employ- ment while on IOD status. Two days after receiving the anony- mous complaint, the department assigned the matter as a CR investigation to an Internal Affairs investigator. Significantly, at the hearing, the department was unable to provide any credible evidence of what steps were taken by the department to verify the anonymous allegations before opening the CR investigation and assigning it to the investigator.
PAT
PAT
FIORETTO
FIORETTO
Rights.
After a full arbitration hearing conduct-
FOP
Labor Report
ed in July, arbitrator Peter Meyers ruled in
favor of the Lodge and rescinded a 30-day sus- pension against a patrol officer due to the City’s
failure to verify anonymous allegations of medical roll abuse before opening a Complaint Register (CR) investigation. By way of background, the grievant, a 15-year patrol officer, had no prior sustained discipline record and an excellent comple- mentary history. During the time period relevant to the arbi- tration, the grievant was on injured on duty (IOD) status with the department due to injuring his knee while in pursuit of a suspect. The grievant’s meniscus and patellar tendons were completely detached, and he needed extensive medical treat- ment including injections, therapy and multiple surgeries.
While placed on IOD status by the department and slow- ly recovering from his injuries, the grievant passed his time
18 CHICAGO LODGE 7 ■ DECEMBER 2018