Page 18 - 01A_CL7_SEP21.indd

Judge finds City’s failure to bargain over swiping program unlawful
On Aug. 2, 2021, an administrative law judge, in his Recommended Decision and Order, found the City, once again, to have violated the Illinois Labor Relations Act by failing or refusing to bargain with Lodge 7 over the impact of the newly implement- ed, district-wide Time and Attendance Swip-
ing Program.
Many will recall that prior to the most recent changes, the Department used multiple automated and paper-based
timekeeping processes. District law enforcement unit supervisors and unit timekeepers recorded police of- ficers’ time and attendance as part of roll call proceedings, an automated daily attendance and assignment record, and a sworn time and attendance record. Procedural requirements for timekeeping were established by means of various Depart- ment directives.
That changed in 2019. Rather than sitting down and bargain- ing with Lodge 7, the City did what it always does: It ignored the law and chose to implement the new procedures without negotiating with Lodge 7.
On Sept. 25, 2019, Lodge 7 filed yet another unfair labor
practice charge over the City’s decision to modify unilaterally how and when bargaining unit members record their hours. Beginning on Sept. 30, 2019, the Department began requiring all bargaining unit employees to swipe in at the start of their
tour and swipe out at the end of their tour utilizing an auto- mated system, as set forth in Employee Resource E02-03- 04—all without bargaining with the Lodge over any im- pact or effect on bargaining unit employees’ terms and conditions of employment, despite repeated demands
by Lodge 7.
After conducting a full investigation, on July 1, 2020,
the Labor Board’s executive director issued a complaint and both sides presented their respective arguments based on a stipulated record. Subsequently, the administrative law judge (ALJ) made several crucial findings. First, the ALJ did not agree with the City’s timeliness challenge, but rather, found
that Lodge 7 had timely filed its unfair labor practice charge. Moving to the merits, the ALJ initially determined that the decision to implement the swiping program policy was not a mandatory subject of bargaining, and therefore, the City had no obligation to bargain over the decision to adopt and imple- ment the swiping program. In doing so, the ALJ noted the City
PAT FIORETTO
18 CHICAGO LODGE 7 ■ SEPTEMBER 2021