Page 37 - December 2019 FOP Magazine

the consent decree, like building a $100 million training center, that’s not a mandatory subject of bargaining.
“We encourage that,” Fioretto confirms. “But the City can’t unilaterally implement something impacting mandatory sub- jects of bargaining because of the consent decree.”
Unilateral movement seemed to come in September, when the City required all bargaining unit employees to swipe in at the start of their tours and swipe out at the end of their tours utilizing an automated system. Lodge 7 filed its most recent ULP at that time, and it is currently going through the extensive ULP process that includes:
• Explaining what section of the state labor relations act has been violated.
• Formally assigning a charge number to begin the process with the state.
• The state labor relations board assigning the case to an in- vestigator.
• The investigator reaching out to the Department and the City to obtain their respective positions on the matter.
• Lodge 7 responding with a detailed position statement about the basis of why the Department violated the labor relations act, which includes both a factual recitation of the underlying events and legal analysis. “It’s a pretty ex- tensive statement about the facts as we understand them along with any exhibits and legal arguments about why the City violated the act,” Fioretto details.
When the labor relations board receives the position state- ment, it presumably contacts the City for a response. The board can then ask the Lodge for more information or a supplemental position statement.
When the investigation is completed, the investigator files a report to present to thelabor relation board’s general counsel. If
sufficient evidence exists to show that the act has been violat- ed, a formal notice of hearing can be issued.
The case is then heard by an administrative law judge (ALJ), who presides over a hearing (similar to in a trial) that can in- clude live witnesses. After the opportunity to present all evi- dence, both sides can file post-hearing briefs, summarizing the facts adduced at the hearing and making one last legal argu- ment to support their positions. The ALJ then issues a Recom- mended Decision and Order (RDO) that contains the judge’s formal findings of facts and conclusions of law. (Either side can appeal the RDO to the full labor relations board.)
“There’s something positive about going through the pro- cess,” Fioretto advocates. “All the protection the union current- ly has in the contract remains intact. Sometimes, it’s our only recourse to force the City to do what it is required to do.”
So based on the information you have just read, let’s try a pop quiz:
Which of the following actions can form the basis of a charge against the City for unilaterally implementing a change with- out bargaining with Lodge 7?
A. Expansion of the body-worn camera program citywide. B. Modifying various use of force general orders (including firearms discharge incidents, preliminary investigations
and officer-involved death investigations).
C. Implementation of the CR matrix and guidelines.
D. Transferring the authority of disciplinary investigations
over alleged police misconduct from the Independent Police Review Authority (IPRA) to the Civilian Office of Police Accountability (COPA).
E. All of the above.
Thanks to the power of the ULP, you have the answers.
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CHICAGO LODGE 7 ■ DECEMBER 2019 37
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