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Discipline grievance arbitration review
As we enter into a new season, I thought it might be beneficial to review the grievance process cur- rently in place, particularly with respect to disci- pline. As explained in prior postings, Article 9 of the collective bargaining agreement sets forth the procedures to be followed by not only the City,
but also the Lodge and the aggrieved police
officer (or “grievant”). Obviously, one of the
most important requirements in pursuing
any grievance is complying with the time
limits.
Typically, discipline grievances stem from the receipt
of a suspension notification, where an officer elects the ap- peal process from a set of available choices. If the suspension notification recommends a reprimand or a one- to 10-day sus- pension, then an officer must elect on the suspension notifica- tion form that he or she is either accepting the discipline or is electing summary opinion (different from a formal arbitration hearing) review. Officers must submit the completed form to the commanding officer. It is imperative to remember that if no election is made, the recommended discipline will be deemed accepted.
If the officer wishes to challenge the recommendation, then the officer must file a written grievance within 10 working days of electing summary opinion. The summary opinion route dif- fers from a formal arbitration hearing and is much more expedi- tious (and less formal). The Labor Relations Division (formerly known as MLAS) will provide the underlying CR file to the Lodge
within 14 days of receipt of the grievance. Each month, the Lodge will select anywhere from five to 10 matters to submit to a jointly agreed-upon arbitrator for a summary resolution. The Lodge’s field representative will work with the officer and pre-
pare the case for submission to the informal summary opin- ion hearing. The officer will have the ability to attend and make a brief oral presentation to the arbitrator, who will have both the file and various summary documents pre- pared by both the Lodge and the City. Written decisions or awards, usually issued within 30 to 60 days, are final
and binding upon the City, the Lodge and the officer.
If the suspension notification recommends an 11- to 30- day suspension, then an officer must elect on the suspension notification form that he or she is: (1) accepting the discipline; (2) submitting the matter to summary opinion; or (3) submitting the matter to full grievance arbitration. As before, if no timely election is made, the discipline will be deemed accepted. The grievant officer must file a written grievance within 10 working days of election. Failure to comply with the initial time limits can
prove fatal to the further processing of the grievance.
Also, the grievance must be reduced to writing on pre-print- ed, standard grievance forms, which are available throughout the Districts. Any questions or concerns, both as to how to fill out a written grievance and when to file it, should be directed initially to your unit reps or a Lodge representative. When in
doubt, make sure you reach out to a Lodge representative. Once again, the City is required to provide the entire CR file and 3rd Level Response to the Lodge within 14 days of the re-
PAT FIORETTO
20 CHICAGO LODGE 7 ■ OCTOBER 2020