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As we begin 2019, I thought it would be helpful to update the membership on several pieces
of litigation which impact the membership’s
terms of employment.
First and foremost, the litigation involv-
ing the attorney general’s attempts to ob-
tain a consent decree remains ongoing. The
Lodge filed an appeal over the District Court’s decision denying the Lodge’s request to inter- vene. The outstanding issues were fully briefed,
and the Seventh Circuit entertained oral arguments on Nov. 2, 2018. A decision is expected in the near future. In the mean- time, the District Court judge conducted a fairness hearing, in which the Lodge presented its written comments to the Court, as well as presented oral objections. The U.S. Department of Justice, at the Lodge’s request, also formally objected. With a new attorney general and mayor taking over in 2019, it will be interesting to see how this matter progresses.
Turning to the Labor Board: In the ongoing body-worn cam- era case, following the administrative law judge’s decision which ordered the City to bargain with the Lodge over the safe- ty and disciplinary effects of its decision to expand the pilot program, the City and the Lodge have been negotiating over the impact of the expansion throughout 2018. Additional bar- gaining sessions are set for early 2019. The parties have agreed to extend the date for filing exceptions pending negotiations through mid-January 2019.
In the CR matrix case, after the administrative law judge’s
decision found the City to be in violation of state labor law when it “unilaterally implemented the CR Matrix because the CR matrix is a mandatory subject of bargaining and the Union did not waive the right to bargain over it,” the ALJ ordered the City to rescind the unilaterally imposed CR matrix and guidelines and, more impor- tantly, to rescind any disciplinary action imposed upon any bargaining unit member using the new matrix. Ad- ditionally, the ALJ also required the City to bargain with the Lodge in good faith over its decision to create a CR matrix and guidelines moving forward. Not surprisingly, the City filed ex- ceptions, and the parties presented oral arguments in front of
the full board on April 17.
On June 17, the board issued an order holding the case in
abeyance pending the outcome of the parties’ negotiations for a successor collective bargaining agreement and directed the parties to report to the board the status of those negotiations.
In yet another case, known as the video release policy case, the Lodge had filed a charge (and the board issued a complaint) alleging that the City unilaterally implemented the Video Re- lease Policy and posted approximately 300 videos of unit em- ployees without having afforded the charging party adequate notice or an opportunity to bargain. After conducting a hearing on Jan. 25, 2017, the administrative law judge issued the Rec- ommended Decision and Order on June 14, 2018, in which she recommended that the complaint be dismissed. In essence, the ALJ found that “releasing video footage does not change the character of the disciplinary investigation or impede officer
A year in review
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Labor Report
18 CHICAGO LODGE 7 ■ JANUARY 2019