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and Lodge 7 do have an affirmative duty to bargain collectively over mandatory subjects of bargaining, generally described by the term “wages, hours, and terms and conditions of employ- ment.”
The ALJ went on to acknowledge that public employers vi- olate that duty if they make a unilateral change to a mandato- ry subject of bargaining without giving prior notice to and an opportunity to bargain with the exclusive representative. How- ever, even though the implementation of the swiping program involved a departure from previously established operating practices, the ALJ concluded that “given the significant objec- tives involved in instituting a timekeeping system that is at the same time more accurate, efficient, and compliant with legal obligations, it would unduly burden the process by requiring bargaining over the decision.” Therefore, based in part on pri- or case precedence, the ALJ ultimately ruled the City’s decision did not involve a mandatory subject of bargaining under the act.
The ALJ went on to rule that even though the City did not have an obligation to bargain over the decision to implement the new policy, the City remained legally obligated to negotiate over the impact or effects of that decision. Lodge 7 had raised several concerns over the decision, including the potential imposition of discipline on officers for failing to comply with swiping program rules and regulations, as well as which offi- cers might be exempt to the “swipe in, swipe out” requirements that have been or may be afforded certain groups. Currently, no formal written guidelines exist concerning the criteria used to
determine whether or not an exemption might apply.
After applying the same analysis, the ALJ found the City vio- lated the act by failing or refusing to bargain with Lodge 7 over the impact of that implementation on the officers represented
by Lodge 7.
In essence, the ALJ ordered the City to:
1. Cease and desist from failing and refusing to bargain
collectively in good faith with the Fraternal Order of Po- lice, Lodge No. 7, over the impact of the Time and Atten- dance Swiping Program on the wages, hours and terms and conditions of employment of bargaining unit em- ployees.
2. Upon request, bargain collectively in good faith to im- passe or agreement with the Fraternal Order of Police, Lodge No. 7, over the impact of the Time and Attendance Swiping Program on the wages, hours and terms and conditions of employment of bargaining unit employ- ees.
3. Post, in all places where notices to bargaining unit em- ployees are regularly posted, copies of the attached No- tice to Employees.
The City has until Sept. 2, 2021, to file any exceptions or an appeal with the full Labor Board to challenge the ALJ’s de- cision. Absent such filing, the City will be required to comply with the Recommended Decision and Order.
Lodge 7 will make sure the City complies with its obligations
and will not hesitate to keep the City accountable for any future infractions.
CHICAGO LODGE 7 ■ SEPTEMBER 2021 19