DID YOU KNOW?

Welcome to a new section we will be featuring in the Rapsheet. MAP will be answering questions we often receive from chapter members. If there is a question you would like MAP to answer, please email John at Jholiday@mapunion.org.

QDuring recent contract negotiations, the city said if we go to arbitration, the whole contract is open and decided by the arbitrator and that we could lose everything. Is that true?

Answer from Steve Calcaterra, MAP Co-Counsel

This is not a realistic threat, and once you understand how interest arbitration works in Illinois, you can see why this shouldn’t be taken seriously. Interest arbitration is an inherently conservative process where the arbitrator tries to enter an award that most closely resembles what the parties would have voluntarily agreed to if the bargaining relationship had not broken-down during negotiations. Arbitrators lean heavily towards awarding the status quo (your existing contract language), unless the party seeking a change can clearly demonstrate why the existing provision does not work as anticipated when it was originally agreed to; that it creates operational hardships; and that the union refused to negotiate a change. The moving party must essentially demonstrate that the current language is “broken.” Because arbitration is “baseball” style, each issue provision is looked at independently from one another – the union or the employer “win” or “lose” each issue one at a time, like innings in a baseball game. Only those issues that were negotiated to impasse go before the arbitrator. The arbitrator does not look at “the whole contract,” and will not consider changing the rest of the contract because the union didn’t agree to a final proposal. If the city tries to argue that the entire contract should be thrown out, they need to prove that each and every one of those other provisions are broken and that they are unable to fix those issues through negotiation with the union.

IN CASE OF EMERGENCY If you are involved in a critical incident or need to contact MAP for any emergency, call 630-905-0663.

QI always hear that I should review my personnel file. What does that mean?

Answer from Ray Garza, MAP Attorney

It's a good idea to check your personnel file maintained by your employer. Employers often put “counseling session" or other notes regarding an employee in an employee's personnel file not known to the employee. Under the Illinois Personnel Record Review Act, an employee may request his/her personnel records from their employer two times per year. A former employee may request this information for a period of up to one year after separation. If the employer refuses, the employee may file a complaint with the Illinois Department of Labor. Some collective bargaining agreements do not allow for the grieving of oral/written reprimands. Nonetheless, an employee should submit a To/From memorandum, requesting it to be placed in his/her personnel file stating any opposition to the reprimand. This should be done in with the assistance of their Union representative/attorney.

Question: Why is ‘mid-term bargaining’ so important?

Answer from MAP Legal Counsel

Law enforcement faces challenging times. Now, more than ever, employers are seizing this opportunity to attempt to unilaterally impose policies impacting wages, hours, and terms/conditions of employment. To prevent employer’s overreaching, please be mindful when bargaining successor agreements. Specifically, our members need to aim to remove any/all waivers concerning midterm bargaining and/or impacts and effects bargaining from successor CBAs. The Union and its members have a statutory right to mid-term bargaining under Sections 4 and 7 of the Labor Act. The continuing duty to bargain applies during the term of the contract to mandatory subjects of bargaining, not specifically addressed in the CBA. Waivers by contract must be specific and clearly articulated. In other words, a waiver must be a knowing and intentional relinquishment of an established right. Moreover, any proposal seeking the waiver of a statutory right is a permissive subject of bargaining. Meaning, you and your Union are under no obligation to waive their rights to compel mid-term bargaining. What does that mean in simplest terms? If your contract contains language waiving past practices or the Union’s right to bargain midterm, it is a permissive subject of bargaining. In plainer terms, when you contract is open, you do not need to bargain over permissive subjects. Meaning, they can be removed at the insistence of the Union. It does not need to be bargained. Midterm bargaining rights are a powerful and important tool for the Union. We cannot afford, especially in these antipolice tumultuous times to be disarmed at the bargaining table. When your Chapters’ contracts reopen, be sure to remove any waivers of bargaining rights and/or past practice. As always, stay vigilant and safe.

QWith the new Safe-T act – Do I have to pay for and keep track of the required training on my own? Am I responsible for finding the required training each year?

Answer from John Gaw, MAP Staff Counsel

By statute, the employer is responsible

for the cost of training and paying you to attend. According to 50 ILCS 705/8.1(e-1): “Each employing law enforcement agency shall allow and provide an opportunity for a law enforcement officer to complete the mandated requirements in this Act. All mandated training shall be provided for at no cost to the employees. Employees shall be paid for all time spent attending mandated training.” The statute does not require the individual officer to “find” the training, but it does require the officer to certify their compliance. (50 ILCS 705/8.4(a)(1). In other words, if the training is not complete, the officer faces the penalty of losing their certification. ILETSB has a new “officer portal” available for individual officers. It allows you to review your training file and shows if you are current on mandated courses. You can register for portal access at this link: https://officerportal.ptb.illinois.gov/ account/register. When you register, you should use a personal email address you will always have access to. This way you will have access even if you switch departments. The portal, and your training record, are based on your PTB ID # and stay with you for life. If you do not know your PTB ID # you can get it at this link: https://www.ptb.illinois.gov/resources/ officer-lookup/ Most agencies utilize training options provided by ILETSB through their mobile training units. If this is not an option, officers can also complete training online through the “Online Learning Network” (https://www.ptblearning.org). Credits earned via the OLN are reported directly to ILETSB for credit. Please talk with your training officers & supervisors to find out what options will be available. If you foresee a problem in your agency, reach out to your MAP rep so we can get ahead of any problems.