Page 19 - October 2019 FOP

Once filed, a ULP charge is assigned to a board agent for investigation. The board agent will speak with the parties and obtain information or documents to support the parties’ po- sitions as to whether or not the act has been violated. Typi- cally, the Lodge files a position statement, which includes all the facts, any documents, supporting case law and the Lodge’s position. On occasion, the investigator may also schedule a meeting with the parties to engage in a fact-finding session.
If the investigation reveals the existence of an issue of law or fact, then the labor board’s executive director will issue a for- mal complaint, setting the matter for a hearing before one of the board’s administrative law judges (ALJ). Otherwise, if the investigation reveals that there are no issues that would war- rant a hearing, the ULP charge will be dismissed.
To date, the board has issued complaints on three of the Lodge’s charges and is currently investigating additional charges dealing with the City’s ongoing failure to satisfy its bargaining obligations.
Specifically, in April 2017, the labor board issued a formal consolidated complaint against the City over two charges the Lodge filed involving the City’s pattern of unilaterally chang- ing terms and conditions of employment: one over the imple- mentation of its complaint register (CR) matrix and guidelines (setting forth new parameters for discipline), and the other for expansion of the body-worn camera (BWC) pilot program citywide, both without satisfying its bargaining obligations.
After conducting a consolidated hearing, on Nov. 8, 2017, an ALJ issued a decision ordering the City to bargain with the Lodge over the safety and disciplinary effects of its decision to expand the BWC pilot program. Similarly, the ALJ further ordered the City to rescind the unilaterally imposed CR ma- trix and guidelines and, more importantly, rescind any dis- ciplinary action imposed upon any bargaining unit member using the new matrix.
The ALJ also ordered the City to bargain with the Lodge in good faith over the City’s decision to create a CR matrix and guidelines moving forward. Although the City initially sought an appeal, the parties continue to bargain over both issues.
In September 2017, the Lodge filed yet another charge when, beginning in June 2017, the City unilaterally modified various use of force general orders (including firearms discharge in- cidents, preliminary investigations and officer-involved death investigations) without bargaining with the Lodge over its im- pact or effect on bargaining unit employees’ terms and condi- tions of employment. This charge remains active and is pend- ing investigation.
In yet another case, known as the video release policy charge, the Lodge alleged that the City unilaterally implemented the video release policy and posted approximately 300 videos of unit employees without having afforded the charging party adequate notice or an opportunity to bargain.
After the labor board issued a formal complaint, an ALJ con- ducted a hearing and initially issued a recommended decision and order in which she recommended that the complaint be dismissed. However, after the Lodge filed exceptions (or an appeal) in March, the full board issued an order in which it decided to hold the case in abeyance pending the outcome of the parties’ negotiations for a successor agreement. This charge remains ongoing.
More recently, the Lodge filed a new charge on Feb. 19 over the impact of transferring the authority of disciplinary investi- gations over alleged police misconduct from the Independent
Police Review Authority (IPRA) to the Civilian Office of Police Accountability (COPA).
Despite the objections raised by the Lodge in the creation of COPA (and the City’s hollow commitment to comply with its obligations under the agreement), it has become clear that the City’s implementation of the COPA ordinance to date has continually resulted in unilateral, mid-bargaining changes to mandatory subjects of bargaining established in the expired agreement ⁠— all of which have a profound impact on rank- and-file officers. Once again, the City made such changes without bargaining. This charge remains active and is pending investigation.
As with the other charges, the City fails to appreciate its ob- ligation to bargain with the Lodge over the impact any new system will have on our bargaining unit members. Or may- be the City simply has a propensity (or pattern) to knowingly engage in illegal conduct. Either way, it must stop. The Lodge will be preparing an extensive position statement in the weeks ahead to support the latest violation.
In the meantime, all Chicago Police Officers should comply with the directive and swipe in at the start of their tours and swipe out at the end of their tours. Remember, once you swipe out, if any of you are asked or called to perform any function (i.e., fill out a report), don’t forget to swipe back in again. Let’s make sure that all of your time spent working is properly ac- counted for and recorded.
The Lodge will continue to protect its members’ rights and force the City to comply with its legal obligations, despite the City’s habit of making unilateral changes without regard to its obligations.
We will continue to keep the membership informed.
CHICAGO LODGE 7 ■ OCTOBER 2019 19