Page 17 - FOP June 2019 Magazine

Nothing in this consent decree is intended to (a) alter any of the CBAs between the City and the unions; or (b) impair or con- flict with the collective bargaining rights of employees in those units under the Illinois Public Labor Relations Act (IPLRA).
In the order approving the consent decree, the District Court addressed many concerns raised by the Lodge, and several of the court’s explanations and remarks warrant repeating (emphasis added):
...It is vitally important to call attention not only to what the consent decree is, but also to what it is not...Many of the reforms called for under the decree will need to be negotiated between the City and the unions representing CPD captains, lieutenants, ser- geants, and officers...
...Both this Court and the Seventh Circuit have acknowledged at least the potential for conflict between the decree and the CBA and state law. Nevertheless, the courts have agreed that “the Lodge’s rights are protected” on multiple levels...
To begin, as noted above, the “carve-out language” expressly confirms that “[n]othing in this Consent Decree shall be interpret- ed as obligating the City or the Unions to violate...the terms of the CBAs...with respect to the subject of wages, hours, and terms and conditions of employment...
Among other things, “consent decrees ‘may not alter collective bargaining agreements without the union’s assent.’”
If the parties try to interpret the decree in a way that the Lodge believes violates CBA rights, the Lodge can avail itself of normal remedies for CBA violations...As the court of appeals further ex- plained, “[a]s things stand now, the Consent Decree cannot impair the CBA or state law rights enjoyed by Chicago police officers.”
Notwithstanding the clear holdings of the District Court that the consent decree may not infringe upon the collective bargain-
ing agreement, the City has begun implementing changes in how COPA conducts its investigations in ways that are inconsistent with the collective bargaining agreement.
The City has unilaterally changed how officers are interviewed, both as witnesses and targets (or potential targets) of a disci- plinary investigation. Previously, police officers regularly were allowed to review all statements and documents, along with any video footage available, prior to providing any statement. Not so anymore.
Further, the City has unilaterally changed how it processes cas- es proceeding under the grievance and arbitration provisions, as well as past practice that has developed thereunder. Most griev- ances concerning suspension are settled prior to any arbitration hearing. In the past, any settlements, including the reduction or removal of any discipline, would result from discussions between the attorneys and the parties’ representatives (a Lodge field rep- resentative and the Department’s director of management and labor affairs section). That practice, too, has now changed. Since the beginning of 2019, during ongoing discussions involving the settlement of various discipline grievances, the City’s attorneys have indicated to the Lodge’s attorneys that in order to accept or make a settlement offer, the individual attorney must now check with and receive the approval of COPA — unacceptable to the Lodge.
The changes made in the implementation of COPA have di- rectly impacted the contractual disciplinary procedures and the past practices created in the parties’ relationship. It is clear that the City is attempting to impose by fiat what it has not obtained to date through bargaining.
The Lodge filed its position statement in support of the latest charge in May. We await a decision by the board and will keep the membership apprised. The Lodge will continue to protect its members’ rights and force the City to comply with its legal obli- gations.
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