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This record contains private information, which has been redacted from public viewing.
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Type:
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Ordinance
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Status:
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Passed
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Title:
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Collective bargaining agreements with Policemen's Benevolent & Protective Association of Illinois, Unit 156 - Captains, Unit 156 Lieutenants and Unit 156 - Sergeants
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Department of Law CITY OF CHICAGO July 15, 2020 TO THE HONORABLE, THE CHAIRMAN AND MEMBERS OF THE CITY COUNCIL COMMITTEE ON WORKFORCE DEVELOPMENT Ladies and Gentlemen: 1 transmit herewith, together with the Budget Director, an ordinance approving collective bargaining agreements with the Policemen's Benevolent and Protective Association of Illinois, Unit 156. Mark A. Flessner Corporation Counsel 121 NORTH LASALLE STREET. ROOM 600, CHICAGO, ILLINOIS 60602 ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. The City Council hereby approves agreements, substantially in the form attached hereto, between the City of Chicago and the Policemen's Benevolent & Protective Association of Illinois, Unit 156 - Sergeants, Unit 156 - Lieutenants and Unit 156 - Captains. The Mayor is authorized to execute these agreements. SECTION 2. This ordinance shall be in force and effect upon its passage and approval. AGREEMENT BETWEEN THE CITY OF CHICAGO AND THE POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT 156-CAPTAINS Effective July 1, 2016 through June 30, 2022 TABLE OF CONTENTS ARTICLE 1 PREAMBLE|910| ARTICLE 2 RECOGNITION AND UNIT WORK I ARTICLE 3 UNION SECURITY .'|910|Section 3.1 Maintenance of"Membership and Agency Shop|910|Section 3.2 Dues Deduction|910|Section 3.3 Indemnity|910|Section 3.4 Bona Fide Religious Belief|910|Section 3.5 Unit 156-Captains Presentation at Orientation|910| ARTICLE 4 MANAGEMENT RIGHTS|910| ARTICLE 4A ACCOUNTABILITY OF CAPTAINS|910| ARTICLE 5 NO STRIKE|910|Section 5.1 No Strike Commitment|910|Section 5.2 Resumption of Operations|910|Section 5.3 Union Liability|910|-Section 5.4 Discipline of Strikers|910|ARTICLE 6 BILL OF RIGHTS|910|Section 6.1 Conduct of Disciplinary Investigation|910|Section 6.2 Witness Statements in Disciplinary Investigations|910|Section 6.3 Non-Adoption of Ordinance|910|Section 6.4 Photo Dissemination|910|Section 6.5 Compulsion of Testimony|910|Section 6.6 Polygraph|910|Section 6.7 Disclosure|910|Section 6.8 Media Information Restrictions 9 Section 6.9 Videotaping of Witness Testimony 9 Section 6.10 Affidavits 9 Section 6.1 1 Mediation 9 ll>IN4NN I TABLE OF CONTENTS ARTICLE 7 [RESERVED] 10 ARTICLE 8 EMPLOYEE SECURITY .: 10 Section 8.1 Just Cause Standard 10 Section 8.2 File Inspection 10 Section 8.3 Limitation on Use of File Material 10 Section 8.4 Use and Destruction of File Material 10 Section 8.5 Notification 1 1 ARTICLE 9 GRIEVANCE PROCEDURE 12 Section 9.1 Definition and Scope 12 Section 9.2 Procedures, Steps and Time Limits 12 Section 9.3 Arbitration of Standard Grievances 13 Section 9.4 Authority of Arbitrator 14 Section 9.5 Expenses of Arbitrator 16 Section 9.6 Processing and Time Limits 16 ARTICLE 9A MEDICAL GRIEVANCES 16 Section 9A. 1 Psychological Review .- 16 Section 9A.2 Medical Grievances 17 ARTICLE 10 NON-DISCRIMINATION 19 Section 10.1 Equal Employment Opportunity 19 Section 10.2 Non-Discrimination 19 Section 10.3 Religious Holiday Accommodation 19 Section 10.4 Americans with Disabilities Act 19 ARTICLE 11 I-IOLIDA YS 20 Section 11.1 Designated Holiday 20 Section 1 1.2 Compensation for Holidays 20 Section 1 1.3 Personal Day 21 Section 1 1.4 Special Compensation Time 21 Section 1 1.5 Holiday Declaration 22 ARTICLE 12 HEALTH INSURANCE AND RELATED 13FNEFITS 22 I0IS4XS I TABLE OF CONTENTS Section 12.1 Medical, Dental and Flexible Spending Account Plans 22 Section 12.2 Chicago Labor-Management Trust 23 Section 12.3 Health Care Reopcner 23 Section 12.4 Ambulance Fees 24 ARTICLE 13 LAYOFFS ANDRE-EMPLOYMENT 24 Section 13.1 Priority of Layoffs 24 Section 13.2 Notice of Layoffs . 24 Section 13.3 Recall '. '. 24 ARTICLE 14 BULLETIN BOARDS ! 25 ARTICLE 15 SAFETY ISSUES 25 Section 15.1 Cooperation 25 Section 15.2 Safety Committee 25 Section 15.3 Disabling Defects 26 Section 15.4 Notices 26 ARTICLE 16 SECONDARY EMPLOYMENT AND SPECIAL EMPLOYMENT 26 Section 16.1 Secondary Employment 26 Section 16.2 Special Employment 26 ARTICLE 17 UNIT 156-CAPTAINS REPRESENTATIVES 27 Section 17.1 Meeting Participation and Scheduling 27 Section 17.2 Unit 156-Captains Representatives 27 Section 17.3 Attendance at Unit 156-Captains Meetings 27 Section 17.4 Grievance Processing 28 Section 1 7.5 Attendance at State and National Conferences 28 Section 17.6 Unit 156-Captains Negotiating Team 28 Section 17.7 Unit I 56-Captains Activity 28 Il) I S4SS I ( TABI.F. OF CONTENTS ARTICLE 18 DISABILITY INCOME 29 Section 18.1 IOD ; 29 Section 18.2 Non-IOD 29 Section 18.3 Certification 29 Section 1 8.4 Return to Duty 29 Section 18.5 Advisory Committee 30 Section 1 8.6 Injuries on Duty and Recurrence Claims 30 Section 18.7 Employer Responsibility for Hospital, Medical and Prescription Costs and Pension Contributions 30 Section 18.8 Medical Benefit Statement 30 ARTICLE 19 BEREAVEMENT LEAVE 3 1 Section 19.1 Death in Family 31 Section 19.2 Definition of Family 31 Section 19.3 Extended Bereavement Leave 31 ARTICLE 20 HOURS AND OVERTIME 32 Section 20.1 Work Day, Work Week and Work Period 32 Section 20.2 Compensation for Overtime 32 Section 20.3 Call Back/Reporting on Regular Day Off 32 Section 20.4 Court Time 32 Section 20.5 Stand-By 33 Section 20.6 Day Off Changes 33 Section 20.7 Accumulation of Compensatory Time 34 Section 20.8 Scheduled Back-to-Back Shifts 34 Section 20.9 Rank Credit .-. 34 Section 20.10 Duty Availability Allowance 34 Section 20.1 1 Change of Schedule 35 ARTICLE 21 UNIFORMS 37 Section 21.1 Uniforms and Equipment Advisory Committee 37 Section 21.2 Major Changes 37 Section 2 1.3 Uniform Allowance 37 Section 2 1.4 Uniform Change or Modification 37 TABLE OF CONTENTS ARTICLE 22 INDEMNIFICATION 38 Section 22.1 Employer Responsibility 38 Section 22.2 Legal Representation 38 Section 22.3 Cooperation 38 Section 22.4 Applicability 38 Section 22.5 Expedited Arbitration 38 ARTICLE 23 SENIORITY 39 Section 23.1 Definition and Application 39 Section 23.2 Furlough Scheduling 40 Section 23.3 Seniority List 40 Section 23.4 Personal Day Selection 40 Section 23.5 Use of Elective Time 41 Section 23.6 Canceled Days Off 4 1 Section 23.7 Holiday Assignment 41 Section 23.8 Watch Commander Vacancy 42 AR TICLE 24 EDUCATIONAL REIMBURSEMENT 42 ARTICLE 24A EDUCATIONAL LEAVES 43 i ARTICLE 25 LIFE INSURANCE 43 ARTICLE 25A PHYSICAL FITNESS PROGRAM 44 ARTICLE 26 WAGES 44 Section 26.1 Salary Schedule 44 Section 26.2 Quarterly Differential 45 Section 26.3 Work Out of Grade 45 Section 26.4 Payment of Wages 45 Section 26.5 Payment of Time 46 Section 26.6 Compensatory Time Exchange 46 ARTICLE 27 RESIDENCY 46 TABLE OF CONTENTS ARTICLE 28 DURATION, ENFORCEMENT AND DISPUTE RESOLUTION 46 Section 28.1 Term of Agreement 46 Section 28.2 Continuing Effect 46 Section 28.3 Impasse Resolution, Ratification and Enactment 46 ART ICLE29 BABY FURLOUGH DAYS 49 Section 29.1 Number of Baby Furlough Days 49 Section 29.2 Carryover of Baby Furlough Days 49 Sect ion 29.3 Compensation for Unused Baby Furlough Days 49 ARTICLE29A FURLOUGHS 49 Section 29A. 1 Annual Furlough 49 Section 29A.2 Furlough Days 49 Section 29A.3 Furlough Selection 49 Section 29A.4 Furlough Extension 49 Section 29A.5 Unused Furlough 50 ARTICLE 30 LEA Y ES 50 Section 30.1 Personal Leave 50 Section 30.2 Military Leave 50 Section 30.3 Family and Medical Leave Act 50 ARTICLE 31 UNIT BENEFITS '. 51 Section 31.1 Infonnation Exchange 51 Section 31.2 Registration of Firearms 52 Section 31.3 Lockers 52 Section 31.4 Maintenance of Benefits 52 Section 31.5 Unit Benefits 53 ARTICLE 32 CAPTAIN RANK 55 Section 32.1 Senior Executive Service Captain (SES) 55 Section 32.2 Return to Captain Rank 57 ARTICLE 33 COMPLETE AGREEMENT 57 ARTICLE 34 SA VINOS CLAUSE 5
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TABLE OF CONTENTS
APPENDIX A
CAPTAINS 59
APPENDIX B
NOTICE TO SUPERVISORS REGARDING PROGRESSIVE DISCIPLINE 60
APPENDIX C
EXPE DITED ARBITRATION RULES 61
APPENDIX D
DENTAL PLAN 63
APPENDIX E
NETWORK CHANGES .' 64
APPENDIX F
1N-NETWORK70UT-OF-NETWORK CARE 65
APPENDIX G
HEALTH CARE CONTRIBUTIONS FOR ACTIVE CAPTAINS 66
APPENDIX H
PRESCRIPTION DRUGS 67
APPENDIX I
CHEMICAL DEPENDENCY AND MENTAL HEALTH CO-INSURANCE AND
LIMITS 68
APPENDIX J
HIGH RISK PREGNANCY SCREENING PROGRAM 69
APPENDIX K
PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS 70
APPENDIX L
SUBROGATION LANGUAGE FOR CITY OF CHICAGO 7 1
APPENDIXM
QUARTERLY DIFFERENTIAL FOR CAPTAINS (D-5) 73
APPE.NDIXN
SALARY SCHEDULE FOR CAPTAINS (D-5) 75
I M1S4NS I
TABLE OF CONTENTS
APPENDTXO
CHICAGO POLICE DEPARTMENT PHYSICAL FITNESS PROGRAM 77
APPENDIX P
DISTRICT EXECUTIVE OFFICER 78
MEMORANDUM OF UNDERSTANDING REGARDING DRUG
AND ALCOHOL TESTING 80
MEMORANDUM OF UNDERSTANDING REGARDING RETIREE HEALTH CARE
BENEFITS 83
LETTERS OF AGREEMENT 86-94
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ARTICLE 1 PREAMBLE
This Agreement is entered into by and between the City of Chicago, an Illinois municipal corporation, (hereinafter referred to as the "Employer") and the Policemen's Benevolent & Protective Association of Illinois, Unit 156-Captains (hereinafter referred to as " Unit 156 Captains").
It is the purpose of this Agreement and it is the intent of the parties hereto to establish and promote mutual harmonious understanding and relationships between the Employer and Unit 156-Captains, to promote efficiency and effectiveness in the Department of Police (hereinafter referred to as the "Department"), to establish wages, hours, standards and other terms and conditions of employment for Captains covered by this Agreement and to provide for the equitable and peaceful adjustment and resolution of differences which may arise from time to time over the negotiations, interpretation and application of this Agreement.
In consideration ofthe mutual promises, covenants and agreements contained herein, the parties hereto, by their duly authorized representative and/or agents, do mutually covenant and agree, as follows:
ARTICLE2
RECOGNITION AND UNIT WORK
Pursuant to the certification of the Illinois Local Labor Relations Board dated December 13, 1996, the Employer recognizes Unit 156-Captains as the sole and exclusive collective bargaining representative for all sworn police officers in the rank of Captain (hereinafter referred to as "Captain"), excluding confidential, managerial or non-public employees within the meaning of Section 3(n) of the Illinois Public Labor Relations Act as set out in Appendix A.
ARTICLES
UNION SECURITY
Section 3.1 Dues Deduction
Upon receipt of a signed authorization in a form agreed upon bv Unit 156 - Captains and the Employer, the Employer shall deduct from the wages of the Captain the dues and/or financial ob 1 igations unifonnly required and shall forward the full amount to Unit 156- Captains by the tenth day ofthe month following the month in which the deductions arc made. The amounts deducted shall be in accordance with a schedule to be submitted to the Employer by Unit 156-¦ Captains. Emplovcc-aulhorized deductions may only be revoked in accordance with the terms under which the Captain voluntarily authorized the deduction. If a Captain requests a change in membership dues or fee-paving status, includiim revocation of an authorization form, the Employer shall refer the Captains lo the Union prior to initiating anv action to change the employee's status. The Employer will not similarly deduct the dues of any otherorganizatioh as to Captains covered by this Agreement. !
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A. The provisions ofthis Section thai apply to Captains who are on leaves of absence from the Captain rank to serve in exempt positions within the Department are not subject to the grievance and arbitration procedure set forth in this Agreement.
Section 3.2 Indemnity
Unit 156-Captains shall indemnify and save the Employer hannless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Employer for the purpose of complying with this Article or in reliance on any list, notices, certifications or assignments furnished under any of its provisions.
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Section 3.3 Unit 156-Captains Presentation at Orientation
The Employer shall grant Unit 156-Captains an opportunity during ihe orientation of" newly promoted Captains to present the benefits of membership in Unit 156-Captains.
ARTICLE 4 MANAGEMENT RIGHTS
The Employer has and will continue to retain the right to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the Employer shall include, but not be limited to, the following:
To determine the organization and operations ofthe Department;
To detenninc and change the purpose, composition and function of each of its constituent departments and subdivisions;
To set standards for the services to be offered to the public;
To direct the Captains of the Department, including the right to assign work and overtime;
To hire, examine, classify, select, promote, restore to career service positions, train,
transfer, assign and schedule Captains;
To increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve Captains from duties because of a lack of work or funds or for other proper reasons;
To contract outwork when essential in the exercise of police power;
To establish work schedu les a nd detenu ine the si a n ing and qu iti ing limes and the number of hours to be worked;
I. To establish, modify, combine or abolish job positions and classifications;
J. To add, delete or alter methods of operation, equipment or facilities;
K. To determine the lo cations, methods , means and personnel by which the operations are to
be conducted, including the right to determine whether goods or serv ices are to be made, provided or
purchased;
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To establish, implement and maintain an effective internal control program;
To suspend, demote, discharge or take other disciplinary action against Captains for just
To add, delete oralter policies, procedures, rules and regulations.
Inherent managerial functions, prerogatives and policy making rights, whether listed above or not, which the Employer has not expressly restricted by a specific provision of this Agreement, are not in any way, directly or indirectly, subject to the grievance and arbitration procedure contained herein, provided mat no right is exercised contrary to, or inconsistent with, other terms ofthis Agreement.
ARTTCLE4A
ACCOUNTABILITY OF CAPTAINS
Police Captains, as with all police officers, arc agents of the Employer and the Department who shall serve, represent and execute such professional policies, procedures and directives as are deemed necessary and proper to carry out the mission of the Department as such policies, procedures and directives may be established. Within the scope of these professional policies, procedures and directives, Captains are to prepare, oversee and monitor the performance of Department officers and employees and to evaluate the performance of subordinates in order to make such recommendations to the Superintendent of Police (hereinafter referred to as die "Superintendent") which will allow the Superintendent to exercise complete and independent discretion relating to such matters. A Captain providing a statement is obligated to respond honestly and completely at all times. A Captain has the right to consult with legal counsel and/or his/her Union representative. Captains are obligated to report all misconduct.
ARTICLES
NO STRIKE
Section 5.1 No Strike Commitment
Neither Unit 156-Captains nor any Captain will call, institute, authorize, participate in, sanction, encourage or ratify any strike, work stoppage or other concerted refusal to perform duties by any Captain or Captain group, or the concerted interference with, in whole or in part, the full, faith ful and proper performance of the duties of employment with the Employer. Neither Unit 156Captains nor any Captain shall refuse to cross any picket line by whoever establish cd.
Section 5.2 Resumption of Operations
In the event of an action prohibited by Section 5.1. Unit I 56-Captams immediately shall disavow such action and request the Captains to return to work and shall use its best efforts to achieve a prompt resumption of nomial operations. Unit 156-Captains, including its officials and agents, shall not be liable for any damages, direct or indirect, upon complying with the requirements ofthis Section.
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Section 5.3 Union Liability
Upon the failure of Unit 156-Captains to comply with the provisions of Section 5.2, any agent or official of Unit 156-Captains who is a Captain covered by this Agreement may be subject to the provisions of Section 5.4.
Section 5.4 Discipline of Strikers
Any Captain who violates the provisions of Section 5. I shall he subject to immediate discharge. Any action taken by the Employer against any Captain who participates in an action prohibited by Section 5.1 shall not be considered a violation of this Agreement and shall not be subject to the provisions of the grievance procedure, except that the issue of whether a Captain in fact participated in a prohibited action shall be subject to the grievance and arbitration procedure.
ARTICLE 6 BILL OF RIGHTS
Section 6.1 Conduct of Disciplinary Investigation
Whenever a Captain covered by this Agreement is the subject of a disciplinary investigation other than summary punishment, the interrogation will be conducted in the following manner:
A. The interrogation of the Captain, other than in the initial stage of the investigation, shall be scheduled at a reasonable time, preferably while the Captain is on duty, or, if feasible, during daylight hours.
13. The interrogation, depending upon the allegation, will normally take place at the Captain's Unit of assignment, or the office of the Employer's investigative agency or other appropriate location.
Prior to an interrogation, the Captain under investigation shall be informed of the identities ofthe person in charge of the investigation, the interrogation officcr(s) and all persons present during the interrogation. When a formal statement is being taken, all questions directed to the Captain under interrogation shall be asked by and through one interrogator at a time, provided that if a second interrogator participates in the interrogation, he or she shall be present for the entire interrogation at a time, provided that if a second interrogator participates in the interrogation, he or she is present for the entire interrogation.
Unless the Superintendent specifically authorizes in writing, no complaint or allegation ofany misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department shall be made the subject of a Complaint Register investigation or be re-opened or re-investigated after five (5) years from the date the Complaint Register number was issued.
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E. Allegation(s) against a Captain which would constitute a violation of the Illinois Criminal Code, the criminal code of another state of the United States or a criminal violation of a federal statute may be made the subject of a Complaint Register investigation
F.
Immediately prior to the interrogation of a Captain under investigation, the
Captain shall be informed, in writing, of the nature of the complaint, the names of all
complainants and the specific date, time and, if relevant, location of the incident.
The length of interrogation sessions will be reasonable with reasonable interruptions permitted for personal necessities, meals, tele phone calls and rest.
I. A Captain under interrogation shall not be threatened with transfer, dismissal
or disciplinary action or promised a reward as an inducement to provide information relating
to the incident under investigation or for exercising any rights contained herein. The parties
further agree that a Captain who comes forward and provides infonnation concerning potential misconduct
is acting in the highest tradition of the police service, and nothing in this Agreement shall be inteipreted to
prevent the Employer or the Department from providing appropriate acknowledgement of such
contribution.
J. A Captain under investigation will be provided with a copy of any and all statements the Captain has made that are recorded either audio electronically or in writing within seventy-two (72) hours ofthe time the statement was made, except that any statement that is recorded by transcription by a court reporter will be provided within seventy-two (72) hours of the investigative agency's receipt of the transcribed statement. In the event a re-interrogation of the Captain is required within the seventy-two- (72-) hour period following the initial interrogation, the Captain will be provided with a copy of his/her initial statement before the subsequent interrogation. In the event a reinterrogation ofthe Captain is required following the initial interrogation where the investigative agency recorded the initial statement by a court reporter, the Captain will be provided with a copy of the transcript of his/her initial statement before the subsequent interrogation.
J. Tf the allegation under investigation indicates a recommendation for separation is probable against the Captain, the Captain will be given the statutory administrative proceedings rights, or, if the allegation indicates criminal prosecution is probable against the Captain, the Captain will be given the constitutional rights concerning self-incrimination prior to the commencement ofthe interrogation.
K. A Captain under interrogation shall have ihe right to be represented by counsel
1 / 191S4SH I
of his/her own choice and to have that counsel present at all times during the interrogation, and/or, at the request ofthe Captain under interrogation, the Captain shall have the right to be represented by a representative of Unit 156-Captains and to have that representative present at all times during the interrogation. The Unit 156-Captains representative shall be a Captain covered by Article 17 or an off-duty Captain designated by Unit 156-Captains. The interrogation shall be suspended for a reasonable time until representation can be obtained. The investigative agency shall note on the record of the interrogation any time the Captain seeks or obtains information from his or her counsel or Unit 156-Captains representative does nothing to disrupt or interfere with the interrogation.
L. Prior to the imposition of discipline, the Captain will be informed ofthe rule violated and the corresponding specifications of misconduct, including the date, time, location and manner in which the rule was violated.
M. The provisions of this Agreement shall be deemed to authorize the investigative agency to require Captains under interrogation to provide audio-recorded statements, provided that the provisions in Section 6.1 are satisfied.
Section 6.2 Witness Statements in Disciplinary Investigations
When a Captain covered by this Agreement is required to give a statement in the presence of an observer, as a witness in a disciplinary investigation other than summary punishment, or as a witness in a police-related shooting investigation, at the request of the Captain the interview shall be conducted in the following manner:
The interview of the Captain shall be scheduled at a reasonable time, preferably while the Captain is on duty, or, if feasible, during daylight hours.
The interview, depending on the nature of the investigation, will normally take place at the Captain's Unit of assignment, the or the office of the Employer's investigative agency or other appropriate location.
Prior to an interview, the Captain being interviewed shall be informed of the identities of the person in charge of the investigation, the interviewing officer(s) and all persons present during the interview and the nature ofthe complaint, including the date, time, location and relevant Records Division ("R.D.") number, if known. When a formal statement is being taken, all questions directed to the Captain being interviewed shall be asked by and through one interviewer at a time, provided that if a second interviewer participates in the interview, he or she shall be present for the entire interv iew at a time, provided that if a second interviewer participates in the interview, he or she is present for the entire interview.
I9IN4NN.1
The Captain will be provided with a copy of any and all statements he/she has made that are recorded either audio electronically or in writing within seventy-two (72) hours of the time the statement was made , except that any statement that is recorded by transcription by a court reporter will be provided within seventy-two (72) hours of the investigatory agency' receipt of the transcribed statement. In the event a re-interview of the Captain is required within the seventy-two- (72-) hour period following the initial interview, the Captain will be provided with a copy of his/her initial statement before the subsequent interview. In the event a rcinterview of the Captain is required following the initial interview where the investigative agency recorded the initial statement by a court reporter, the Captain will be provided with a copy of the transcript of his/her initial statement before (he subsequent interview
A Captain being interviewed pursuant to this Section shall, upon his/her request, have the right to be represented by counsel of his/her own choice and to have that counsel present at all times during the interview, or, at the request of the Captain being interviewed, the Captain shall have the right to be represented by a representative of Unit 156-Captains and to have that representative present at all times during the interview. The Unit 156-Captains representative shall be a Captain covered by Article
17 or an off-duty Captain designated by Unit 156-Captains. For purposes of this subsection, "represented" shall mean that the Captain's counsel and/or representative shall only advise the Captain, but shall not in any way interfere with the interview. The investigative agency shall note on the record of the interrogation any time the Captain seeks or obtains information from his or her counsel or Unit 156-Captains representative, and ensure that the Captain's counsel or Unit 156-Captains representative does nothing to disrupt or interfere with the interrogation. The interview shall be postponed for a reasonable time, but in no case for more than forty-eight (48) hours from the time the Captain is informed of the request for an interview and the general subject matter thereof and his/her counsel or representative can be present, provided that, in any event, interviews in shooting cases max be postponed for no more than two (2) hours:
This Section shall not apply to questions from a supervisor in the course of performing his/her normal day-to-day supervisory duties or to requests to prepare detailed reports or To-From- Subject Reports, except To-From-Subject Reports that relate to the Captain as a witness to a poliec- related shooting.
The length of interviews will be reasonable with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
The provisions of this Agreement shall be deemed to authorize the investigative agency to require Captains being interviewed to provide audio-recorded statements, provided that the provisions in Section 6.2 are satisfied.
191X4XX I
1. I. [fa Captain provides a statement during the investigation conducted promptly following a shooting incident and then is later interviewed by the Employer's investigative agency as part of an investigation related to such incident, the Captain shall be provided with a copy of the portion ofany official report that purportedly summarizes his/her prior statement before the interview.
191X488 1
Section 6.3 Non-Adoption of Ordinance
The Employer shall not adopt any ordinance and the Department shall not adopt any regulation which prohibits the right of a Captain to bring suit arising out of his/her duties as a Captain.
Section 6.4 Photo Dissemination
No photo of a Captain under investigation shall be made available to the media prior to a conviction for a criminal offense or prior to an adverse decision being rendered by the Police Board.
Section 6.5 Compulsion of Testimony
The Department shall not compel a Captain under investigation to speak or testify before or to be questioned by any non-governmental agency relating to any matter or issue under investigation.
Section 6.6 Polygraph
No Captain shall be disciplined for a refusal to take a polygraph examination, and the results of the polygraph examination shall not be admissible as evidence in proceedings before the Police Board or in any proceeding where the Captain may appeal to the Police Board, unless by Illinois or federal court decision or statute such evidence shall become admissible before the Police Board.
In the event that the results of a polygraph examination become admissible as evidence before the Police Board and the Department determines a polygraph examination is necessary, the complainant will be requested to take a polygraph examination first. If the complainant refuses to take a polygraph examination, the accused Captain will not be requested to take a polygraph examination. If the complainant takes the polygraph examination and the results indicate deception, the accused Captain may be requested to take a polygraph examination covering those issues wherein die examiner determines that the complainant istruthful.
When die polygraph is used, die accused Captain will be advised twenty-four (24) hours prior to the administering of the test, in writing, ofany questions to which the Department will request an answer.
Section 6.7 Disclosure
A Captain shall not be required to disclose any item of his/her property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of his/her family or household), unless such infonnation is reasonably necessary to monitor die performance of the Captain's job or violations of reasonable Employer rules, statutes, ordinances or diis Agreement. In die administration of fringe benefits applicable to all_cmployees of die Employer, Captains covered by this Agreement may be required to disclose any coverage they (including any member of their families or households) may have under health or medical insurance and the name and appropriate identification of the carrier and coverage. Except for ethic statements legally required to be filed, the parties agree that the disclosure of such personal infonnation shall not be made available for public inspection or copying because such would be an unwarranted invasion of personal privacy of the Captain and/or is intended to otherwise be exempt from any slate or local freedom of information statute, ordinance or executive order.
Section 6.8 Media Information Restrictions
The identity of a^Captain under investigation shall not be made available to the media, un les s there has been a criminal conviction or an adverse decision has been rendered by the Police Board (or by the Superintendent where no appeal is taken to the Police Board). However, if the Captain is found innocent, the Captain may request and the Department shall issue a public statement.
Section 6.9 Videotaping of Witness Testimony
The testimony of all witnesses in hearings conducted by the Police Board will be video recorded in addition to the current practice of stenographically recording their testimony. The videotape, written transcripts and all evidence will be forwarded to the Police Board members for their consideration and deliberations as part of the record. Additionally, the Employer shall amend the Municipal Code of Chicago, Section 2-84-030, to conform to this Section and also to provide as follows : "No member ofthe Board may participate in any disciplinary recommendation or action without having read the written record and having viewed the taped testimony of the witnesses upon which said recommendation or action is based."
Section 6.10 Affidavits
When an allegation of misconduct against a Captain is initiated by a non-Department member , and the allegation is not of a criminal nature within the meaning of Section 6.1(E) shall secure an affidavit from the complainant. If the complainant executes the affidavit, the investigation shall proceed as a Complaint Register investigation. If the complainant is anonymous or refuses to execute the affidavit, the nvestigative agency shall, subject to the provisions below, proceed in accordance with the provisions applicable to Complaint Register investigations.
If the investigative agency determines to conduct a Complaint Register investigation where the complainant is anonymous or does not execute an affidavit, the appropriate official shall execute an affidavit stating that he/she has reviewed the evidence compiled in a preliminary investigation, and, based upon the sufficiency ofthe evidence, continued investigation of the allegation is necessary. For Civilian Office of Police Accountability and Inspector General cases, the "appropriate official" shall be the Commanding Officer of the Bureau of Internal Affairs. For Bureau of Internal Affairs cases, the "appropriate official" shall be the Chief Administrator ofthe Civilian Office of Police Accountability . If an affidavit is not executed by the Civilian Office of Police Accountability or the Bureau of Internal Affairs, the matter shall not be used by the Department with respect to any aspect of the Captain's employment.
Section 6.11 Mediation
At any time during an investigation, but usually prior to an accused Captain giving a statement, the parties may agree to mediate the resolution ofthe investigation. The "parties" shall mean the accused Captain, with or without his/her Association representative, anil the Employer through a representative of
191X488 I
FAD or IPRA, as appropriate. Neither party is required to meet. The IAD/IPRA investigator assigned to the case will not be present.
During the mediation session IAD/IPRA shall serve the accused Captain with a Notice of Administrative Rights and a Notice of Charges and Allegations, which will include the rule violation and the factual basis there fore.
The parties shall discuss the allegations and the lAD's/IPRA's position regarding the finding of the case and the recommended penalty. Statements made and information conveyed at the mediation which are not included in the file al the time ofthe mediation will not be used against the Captain or included in the file at any later date. By accepting the agreed upon finding and recommendation, the accused Captain is waiving his/her right to grieve or appeal the finding and the recommendation. The accused Captain is not required to submit any statement or response. If the parties cannot reach an agreement, the process will continue.
If the parties agree on a penalty less than separation, it is binding on both parties. However, the Superintendent retains the right to seek separation of an accused Captain.
ARTICLE 7
[RESERVED]
ARTICLE 8
EMPLOYEE SECURITY
Section 8.1 Just Cause Standard
No Captain covered by this Agreement shall be suspended, relieved from duty or disciplined in any manner without just cause.
Section 8.2 File Inspection
The Employer's personnel files, disciplinary history files and completed inactive investigative files, except for information which the Employer deems to be confidential, shall be open and available for inspection by the affected Captain during regular business hours .
Section 8.3 Limitation on Use of File Material
It is agreed that any materia! and/or matter not available for inspection, such as provided in Section 8.2, shall not be used in any manner or any forum adverse lo the Captain's interests.
Section 8.4 Use and Destruction of File .Material
All Disciplinary Investigation Files, Disciplinary History Card Entries, the Employer's investigative agencies' disciplinary records, and any other disciplinary record or summary of such record , will be retained indefinitely by the Employer
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Any information of an adverse employment nature which may be contained in any unfounded or exonerated file shall not be used against the Captain for any reason. A not sustained finding shall not be used against the Captain in any disciplinary proceeding or in the removal from the rank of Captain (SES). Notwithstanding the above, Not Sustained files alleging criminal conduct, excessive force, or verbal abuse (as defined in Section 2-78-100 ofthe Municipal Code of Chicago), for a period of seven (7) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, may be used in future disciplinary proceedings to determine credibility and notice. (Non-sustained liles shall not be used in determining promotions or in making assignments).
A finding of "Sustained- Violation Noted, No Disciplinary Action" entered upon a Captain's disciplinary record or any record of summary punishment may be used for a period of time not to exceed one (J) year and shall thereafter be removed from the Captain's disciplinary record and not used for disciplinary action. The Department's finding of "Sustained- Violation Noted, No Disciplinary Action" is not subject to the grievance procedure.
Information relating to a "preventable" traffic accident involving a Department vehicle may be used and/or considered in determining future discipline for a period of time not to exceed two (2) years from the date of such "preventable" traffic accident and shall thereafter nol be used and/or considered in any employment action, provided there is no intervening "preventable" traffic accident involving a Department vehicle, and if there is, the two- (2-) year period shall continue to run from the date ofthe most recent "preventable" traffic accident and any prior incidents which were determined to be" preventable" traffic accidents may be used and/or considered in employment actions. In no event shall any prior "preventable" traffic accident five (5) or more years old be used and/or considered.
Section 8.5 Notification
In the event the Employer receives a subpoena or other legal process (excluding discovery material) requiring the inspection, tender or submission of personnel, disciplinary or investigative records and/or files (other than a grand jury subpoena or other subpoena or process which would preclude disclosure), the Employer will promptly notify to the Captain whose records have been requested. However, failure to furnish such notice shall not in any way affect the validity of any disciplinary action or personnel action taken by the Employer, provided that Unit 156 - Captains will not be barred from asserting and docs not waive any rights a Captain may have to inspect or to otherwise challenge the use of files under applicable rules, statutes or this Agreement, including Article 8.
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ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 Definition and Scope
The Superintendent's authority to suspend a Lieutenant, as set forth in Section 2-84-030 of the Municipal Code of Chicago, shall be increased from the current limit not to exceed thirty (30) days to a limit not to exceed three hundred and sixty-five (365) days. In cases where the Superintendent seeks a Lieutenant's separation from the Department, the Superintendent's current and past practice of suspending a Lieutenant for thirty (30) clays and filing charges with the Police Board seeking a Lieutenant's separation will not change.
A grievance is defined as a dispute or difference between the parties to this Agreement concerning the interpretation and/or application of this Agreement or its pm visions. Die separation of a Captain from service is cognizable only before the Police Board and shall nol be cognizable under this procedure, provided, however, that the provisions of Article 1 7 shall be applicable to separations.
The grievance procedure provisions herein and the Police Board procedure are mutually exclusive, and no relief shall be available under both.
Section 9.2 Procedures, Steps and Time Limits
A grievance may be initiated by Unit 156-Caplains or an aggrieved Captain. Any Captain shall have the right lo present a grievance at any lime, although it is understood that the Captain should attempt to satisfy his/her concerns on an informal basis before invoking the procedure. In the event an informal resolution proves to be unsatisfactory, a grievance may be submitted electronically and shall be processed in accordance with this Agreement. Upon request, the grievant shall be represented by an appropriate Unit 156-Captains representative, provided, however, the grievant Captain may have the grievance adjusted without a Unit I 56-Captains representative, so long as such adjustment is not inconsistent with the provisions ofthis Agreement.
Step One: The grievant will first attempt to resolve the grievance with the first exempt Commanding Officer in his/her chain -of-command. In the event a resolution is not reached and the grievant desires to formalize the dispute, a grievance shall be submitted electronically to the first exempt Commanding Officer in the grievanl's chain-of-command and Unit 156-Captains within ten ( 10) of the Captain's working days following the events or circumstances giving rise to the grievance or when first known by the grievant, or forty (40) days, whichever period is shorter. A Unit 156-Captains representative may accompany the grievant if requested by the grievant to attend any meeting with the exempt Commanding Officer regarding the grievance. The exempt Commanding Officer shall submit his/her decision electronically to the grievant and Unit I 56Captains within ten (I 0) of the exempt Commanding Officer's working days after the grievance was submitted.
Step Two: If the response at Step One is not satisfactory to the grievant, the grievant may pursue
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an adjustment through his/her designated representative hy notifying Unit 15 6-Captains of his/her intent: to pursue such grievance within ten ( I 0) days ofthe Step One response or within ten
13
191S4NS I
(10) clays ofthe expiration of the response period in Step One. whichever is sooner. Unit 156Captains shall then determine whether in its opinion a valid grievance exists. Unless Unit 1 56Captains elects to proceed, there shall be no further action taken under this procedure. If Unit 156Captains chooses to proceed, it may seek a resolution or adjustment of the grievance by submitting the grievance electronically to the Management and Labor Affairs Section within twenty (20) days ofthe Step One response or within twenty (20) days of the expiration of the response period in Step One, whichever is sooner. Following a hearing on the issue, the Management and Labor Affairs Section shall submit its decision electronically to Unit 156-Capta ins within ten (10) days of receiving the grievance. If the grievant is directed by the Employer to meet concerning his/her grievance at a time when the grievant is not scheduled to work, he/she shall be compensated for such time at the applicable rate provided for in this Agreement, provided that he/she shall not be compelled to attend a hearing on his/her regular day off without his/her consent.
Step Three: Within thirty (30) days of the receipt ofthe Step Two decision or Step Two decision due date, Unit / 56-Captains may refer the grievance to arbitration.
Section 9.3 Arbitration of Standard Grievances
Either party may seek arbitration. If the Employer desires to proceed to arbitration. Section 9.2 does not apply. If either party proceeds to arbitration, the following procedure shall apply:
Within ten (10) days, the Employer and Unit 156-Captains shall attempt to mutually agree upon an Arbitrator. If they fail to agree, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service. Within ten (10) days after receipt of the list, the parties shall select an Arbitrator. Both the Employer and Unit 156-Captains each shall alternately strike names from the panel. The remaining person shall he the Arbitrator.
The Employer and Unit 156-Captains, by mutual agreement, may submit the matter for mediation before a Mediator, but mediation shall not be a pre-condition for arbitration. If the case is not resolved, the parties may exercise their right to arbitrate under this Section by request made by cither party within thirty (30) days ofthe mediation. 'ITic Mediator shall not be selected as the Arbitrator for the same case. The parties shall split evenly the cost ofthe Mediator's expenses and fees.
The Employer or Unit 156-Captains, by mutual agreement, may submit the matter to expedited arbitration under the Expedited Arbitration Rules in Appendix C.
In all discipline cases. Complaint Register files shall be provided to Unit l56Captains within fourteen (14) days of a request for such files (unless exigent circumstances exist) by Unit 156-Captains or Unit 156-Captains representatives who are sworn members of the Department, and these individuals shall be allowed to use Department or Independent Police Review Authority copying equipment to copy the requested Complaint Register files, with appropriate supervision.
Within thirty (30) days of the ratification of this Agreement, the parties shall develop a roster of five (5) Arbitrators who shall commit to pre- scheduled hearing dates on a regular basis From this roster the parties shall schedule a minimum of two
M 191N-IKX I
(2) arbitration hearing dates per month, unless waived by mutual agreement. For each arbitration, the parties shall attempt to select the Arbitrator by mutual agreement. If they cannot select the Arbitrator by mutual agreement, they will alternatively strike names, with the party striking first to be determined by a coin toss, until one (1) Arbitrator remains, who shall then be notified of his or her selection The parties shall make every
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effort (including the substitution of cases in the event of settlement or inability to try a case when scheduled) to ensure that such dates are not canceled. The part ies agree to review the roster of arbitrators annually, and each party has the unilateral right to remove one arbitrator from the roster. If one or more arbitrators are removed from the roster, the parties will mutually agree to a method to add arbitrators to the roster so that the roster will consist of five arbitrators. If, prior to the annual review, the roster of arbitrators is reduced to an even number (2 or 4), and the parties are unable to agree on an arbitrator for a specific case, the parties are unable to agree on an arbitrator for a specific case, the parties will request a panel of arbitrators from FMCS for that case. The parties will alternatively strike names from the FMCS panel until one Arbitrator remains, and the remaining Arbitrator will serve as the Arbitrator for the specific case at issue.
F. The parties shall avoid continuances. Requests for continuances are disfavored and shall be granted only upon showing good cause.
Section 9.3A Suspension Grievances
A. Suspensions of Ten (IO) days or Fewer
A Captain who receives a recommendation for a suspension for a period often (10) days or fewer, may file a grievance challenging and seeking review of that recommendation. Such grievances will be revie wed through a Summary Opinion, as described below, which shall be binding. The Summary Opinion process of review requires the Employer to provide a copy ofthe investigative file, including all internal reviews of the file, to Unit 156C for review. An Arbitrator, selected by mutual agreement ofthe parties, will also receive the file from the Employer.
Unit 1 56C may file a three page report to the Arbitrator making any appropriate argument addressing the findings and/or the recommendations for discipline. The Employer may not file any argument nor respond to Unit 156C's argument unless asked to do so by the Arbitrator.
The Arbitrator will review the argument and the complete file and will issue an award granting or denying the grievance in whole or in part. The award will include the basis for the Arbitrator's opinion and award. The Award will be binding on the Employer, Unit I56C and the Captain.
The Captain will not be required to serve any ofthe suspension until such time as the Arbitrator's award is received . No further review ofthe Arbitrator's award is available under this Agreement.
The fees and expenses ofthe Summary Opinion Arbitrator shall be shared equally between the Employer and Unit I 56C.
B. Suspensions of Eleven (II) ) to three hundred sixty-live (365) Days
A Captain who receives a recommendation for suspension of eleven (1 1) to three hundred sixty-five (365) days, not including a suspension accompanied by a recommendation for separation, may file a grievance challenging and seeking review of that recommendation . Such grievances will be sent for full arbitration on an expedited basis. The Employer will provide a copy ofthe complete investigative file, including all internal reviews ofthe file, to Unit I56C. An Arbitrator selected by mutual agreement ofthe parlies will conduct a "full" arbitration evidentiary hearing and will thereafter expeditiously issue an
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award. The award of the Arbitrator is binding on the Employer, Unit 156C and the Captain.
The Captain will not be required to serve any ofthe suspension until such time as the Arbitrator's award is received. No further review of the Arbitrator's award is available under this Agreement. With respect to suspensions of between 3 1 and 365 days, the provisions that the Captain not have to serve the suspension until such time as the Arbitrator's award is received is contingent upon the Union's compliance with Appendix P
Section 9.4 Authority of Arbitrator
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Except as specified in subsection (B), the Arbitrator shall have no right to amend, modify, nullify, disregard, add to or subtract from the provisions of this Agreement. The Arbitrator shall only consider and make a decision with respect to the specific issue or issues presented to the Arbitrator and shall have no authority to make a decision on any other issues not so submitted. The Arbitrator shall submit, in writing, his/her decision to the Employer and to Unit 156-Captains within thirty (30) days following the close of the hearing, unless the parlies agree lo an extension thereof. The decision shall be based upon the Arbitrator's interpretation of the meaning or application of the terms of this Agreement to Ihe facts of the grievance presented and shall be final and binding upon the parties .
If a Captain who has not executed the authorization form provided for in Section 3.2.A of this Agreement, or who has revoked the authorization form, requests Unit 1 56- Captains to use the grievance and arbitration procedure on the Captain's behalf. Unit I 56-Caplains may charge the Captain the reasonable costs of using the procedure. The Employer shall play no role in determining the reasonable costs of using the procedure, or in collecting the costs from the Lieutenant. Nothing in this section shall require the Employer to deal with any individual not affiliated with the Union in connection with the grievance.
With respect to grievances challenging the recommended discipline of Captains for noncriminal misconduct, the Employer and Unit 1 56C mutually acknowledge the principle that investigations of suspected employee misconduct arc to be carried out on a timely basis, and that unwarranted delays in completing disciplinary investigations may prejudice the employee's ability to respond to or defend against allegations of misconduct. Accordingly, the Arbitrator is vested with specific authority to inquire into the rcason(s) for any delay in completing an investigation, whether the Captain has been harmed by the delay in the investigation and, further, the parties mutually acknowledge that the Arbitrator, in the process of applying the tenets of the "just cause" principle, possesses the authority to reverse or reduce any disciplinary penalty where the evidence demonstrates that a disciplinary investigation was unreasonably delayed and that a Captain was prejudiced thereby.
Effective for disciplinary investigations concluding upon ratification of this collective bargaining agreement, in the event the Employer recommends a disciplinary penally upon a Captain as a result of a disciplinary investigation that took more than eighteen (18) months to conclude, as measured from the date on which the disciplinary investigation was opened, upon request of Unit 156C. the Arbitrator, who shall be the same Arbitrator selected to hear the merits of the disciplinary penalty, shall convene a hearing, preliminary to the hearing on the merits, to determine whether there was a reasonable basis for the investigation to take longer than eighteen (18) months. At the preliminary hearing the Employer shall bear the burden of demonstrating the existence of reasonable cause. "Reasonable cause" may include, but is not limited to. such factors as unavailability ofthe accused Captain or a critical witness, delays attributable to the Captain or his or her attorney, the unusual complexity of the matter und cr investigation, the need to investigate claims or new evidence arising in the course ofthe investigation, the pendency of a
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criminal investigation involving the matter under investigation, etc. If the Arbitrator determines there was reasonable cause for the investigation to take longer than eighteen (18) months, the Arbitrator shall proceed to the hearing on the merits ofthe disciplinary penally against the Captain.
Nothing in this sub-section C shall apply in any instance where the allegation against the Captain is of a criminal nature within the meaning of Section 6. IE.
Section 9.5 Expenses of Arbitrator
The fees and expenses of the Arbitrator shall be borne by the party whose position is not sustained by the Arbitrator. The Arbitrator, in the event of a decision not wholly sustaining the position of either party, shall determine the appropriate allocation of his/her fees and expenses. Each party shall be responsible for compensating its own representatives and witnesses. The cost ot" a transcript, where requested hy either party, shall be paid by the parly so requesting it. The party requesting a cancellation, rescheduling or other postponement of a set hearing date shall pay the Arbitrator's cancellation fee.
Section 9.6 Processing and Time Limits
The resolution of a grievance satisfactory to Unit 156-Captains at any step shall be deemed a final settlement, and any grievance not initiated or taken to the next step within the time limit specified herein will be considered settled on the basis ofthe last answer by the Employer. The time limits specified in this Article may be extended or waived by mutual agreement. Grievances may be initiated at any appropriate step corresponding with the nature of the grievance and the manner in which it arose.
ARTICLE9A
MEDICAL GRIEVANCES
Section 9A.1 Psychological Review
Grievances concerning involuntary removal from active duty due to psychological or psychiatric reasons will comply with the following procedures:
Step One: A Captain who wants to challenge the Employer's decision to place him/her involuntarily on the medical roll will file a grievance with the Medical Administrator within ten (10) calendar days of being placed on the medical roll, or, if the Captain was on authorized furlough during his/her involuntary placement, within thirty-five (35) calendar days of being placed on the medical roll or within thirty-five (35) calendar days of the Captain on furlough being notified of placement on the medical roll.
If the Employer's psychiatrist/psychologist recommends that the Captain is fit for full duty and also was lit when he/she was involuntarily placed on the medical roll due to psychological or psychiatric reasons, the Captain shall have any paid medical time used during such period of being involuntarily placed on the medical roll restored and will be made whole for lost pay and other benefits to which he/she is entitled.
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Step Two: For a Captain who has filed a timely grievance al Step One and/or when the Employer's psychiatrist/psychologist recommends thai the Captain is unfit for full duty and was also unfit when he/she was involuntarily placed on the medical roll due to psychological or psychiatric reasons, upon written request made by Unit 156-Captains within ten (10) calendar days of notice to the Captain that he/she is unfit for duty, Unit 156-Captains may file a grievance at Step Two and may request review of that decision by a three- (3-) member psychological review panel. The Captain shall, as promptly as feasible, be evaluated by a panel of three (3) psychiatrists or psychologists, one (1) appointed by Unit 156-Captains, one (I) appointed by the Employer and a third knowledgeable about police duties appointed by mutual agreement ofthe Employer's and Unit 156-Captains' psychiatrist or psychologist. This panel shall have the authority to examine and evaluate the Captain and recommend whether the Captain is fit for duty, ln making its recommendations, the primary considerations ofthe panel shall be the protection and safety of, and need for effective service to, the public. These considerations shall prevail over all others in any case of a conflict of interests between the Captain and the Employer.
If the panel recommends that the Captain is fit for duly and was also fit when he/she was placed involuntarily on the medical roll due to psychological or psychiatric reasons, then the Captain shall have any paid medical time used during such involuntary period on the medical roll restored and will be made whole for lost pay and other benefits to which he/she is entitled.
If the panel determines that the Captain was unfit for duty at the time he/she was involuntarily placed on the medical roll, but became fit for duty sometime thereafter, the panel shall identify the point at which the Captain was fit for duty, and the Captain will be made whole for lost pay and benefits from the dale that the panel determined he/she was fit for duty.
Each party shall bear the full cost of the panel member appointed by it, with the cost of the mutually appointed panel member to be split equally between the parties . The recommendations ofthe panel shall he binding upon the Employer, Unit 156-Captains and the Captain.
Section 9A.2 Medical Grievances
Grievances concerning medical issues (excluding issues covered under Section 9A. 1) shall follow the procedure below. Medical issues are defined as grievances involving medical issues, including, but nol limited to, the non-payment of injury on duty ("JOO") bills, removal of a Captain from duty for medical reasons, refusal to return a Captain to duty from the medical roll, classification of an injury as non-lOD and the Benefits Management Office's denial of payment of medical and hospital bills of a Captain or his/her covered dependents under the Employer's self-funded health care plan.
Slep One: Initiating a Medical Grievance. Grievances concerning the Benefits Management Office's denial of payment of medical and hospital bills will be filed with the Management and Labor Affairs Section within ten (10) working days following the events or circumstances giving rise to the grievance or when first reasonably known by the grievant.
All other grievances concerning medical issues will be filed with the Medical Administrator within ten (10) working days-following the events or circumstances giving rise to the grievance or where first known by the grievant. but in no event later than thirty-five (35) calendar days following the events
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or circumstances giving rise to the grievance or within thirty-five (35) days of a Captain on furlough being notified of the events or circumstances giving rise to the grievance. If the determination at Step One is not satisfactory, Unit 156 -Captains may by written request made within fifteen (15) days ofthe Step One response or the expiration of the period for said response submit the matter for mediation.
Step Two: Mediation of Medical Grievances. At mediation, representatives of Unit 156 -Captains, the Department, the Benefits Management Office and the Committee on Finance of the City Council of the City of Chicago shall participate as needed . Any settlements reached in the mediation proceedings shall be binding upon the parties . Medical mediation sessions shall occur each thirty (30) days, unless waived by mutual agreement. The parties shall split evenly the cost ofthe Mediator's fees and expenses.
The grievant shall be provided with the relevant medical records within the possession of the Medical Services Section, the Committee on Finance, the Benefits Management Office and the Management and Labor Affairs Section. A release shall be required for production of medical records. The relevant medical records shall include the Medical Administrator's determination of the grievant's status and the response to the grievance. The above records shall be submitted to Unit 156-Captains by the Department within forty-five (45) days ofthe Department's receipt of Unit 156Captains' releases and mediation agenda setting forth the grievants' names. Relevant records from the Medical Services Section, the Committee on Finance, the Benefits Management Office and the Management and Labor Affairs Section shall be provided as stated above and throughout the grievance process until the grievance is fully resolved.
Relevant documents to be produced by the Benefits Management Office in mediation are limited lo medical records, claim forms, medical bills, explanations of benefits and recommendations to and the decision of the Benefits Committee regarding the claim. This definition of relevant records to be produced by the Benefits Management Office does not preclude Unit 1 56Caplains from subpoenaing additional relevant documentation in response to the scheduling of an arbitration of a grievance.
Step Three: Arbitration. If the grievance is not resolved at Step Two, Unit 156-Captains, upon written request within thirty (30) days of the date of mediation, may demand arbitration. The Mediator shall not be selected as the Arbitrator for the same case. The arbitration hearing shall be scheduled to commence within thirty (30) days ofthe selection of the Arbitrator, unless the parties agree otherwise. Within ten (10) days of Unit-156 Captains' demand for arbitration, the Employer and Unit 156-Captains shall attempt to mutually agree upon an Arbitrator. If they fail to agree, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service. Within five (5) days after receipt of the list, the parties shall select an Arbitrator. Both the Employer and Unit 156-Captains shall alternately strike names from the list. The remaining person shall be the Arbitrator.
1918-1S 8.1
ARTICLE 10
NON-DISCRI M IN All ON Section IO.I Equal Employment Opportunity
The Employer will continue to provide equal employment opportunity for all Captains and to develop and apply equal employment practices.
Section 10.2 Non-Discrimination
The Employer shall not discriminate against a Captain wilh regard to race, color, sex, religion, age or national origin of the Captain nor shall the Employer discriminate against Captains as a result of membership in Unit 156-Captains. Nothing contained in this Agreement shall be deemed to preclude the mandatory retirement of any Captain upon or after the attainment of age sixty-three (63). Captains shall not be transferred, assigned or reassigned for reasons prohibited by this Section.
Section 10.3 Religious Holiday Accommodation
The obligation to accommodate the religious beliefs of Captains covered by this Agreement is fulfilled if those Captains whose religious beliefs require that they not work, but who are scheduled to work, on a recognized religious holiday are pennitted at the Captains' option one of lire following choices in order to be excused from their regular tours of duty: (a) the use of elective time or (b) excused from duty non-disciplinary (Code 89). This option may be applied for certain recognized religious holidays of faiths whose tenets require abstinence from work, subject to the determination of the Commanding Officer that this accommodation does not unduly interfere with operational needs.
Section 10.4 Americans with Disabilities Act
In the event the Employer shall be required to make a reasonable accommodation under the Americans with Disabilities Act to the disability of an applicant or incumbent Captain that may be in conflict with the rights of a Captain under this Agreement, the Employer shall bring this matter to the attention of Unit 156-Captains. In the event the parties cannot reach an agreement on such accommodation, the provisions of Article 9 shall be available, and the Arbitrator shall consider the Employer's and Unit 156-Captaihs' (if any exist) obligations under the Americans with Disabilities Act and this Agreement, provided that noCaptain shall be displaced by such decision.
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Section 11.1 Designated Holiday
The Employer agrees that the following New Year's Day Martin Luther King, Jr.'s Birthday Line oln's Birthday Washington's Birthday Pulaski Day
Community/Police Partnership Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day Section 11.2 Compensation for Holidays
Compensation ("or the holidays listed in Section I I.I is granted as follows:
A. Captains who are required to work a regular tour of duty [eight (8) hours] on a holiday will be credited with twelve (12), twelve and three-quarters (12.75) or fifteen (15)hours of compensatory time or additional pay as the Captain elects.
8. Captains whose regular day off coincides with an established holiday will be credited with eight (8) hours of compensatory time.
Captains whose regular day off coincides with an established holiday and who are required to work a regular tour of duty [eight (8) hours] on that holiday will be credited with twenty-four (24), twenty-five and one-half (25.5), or thirty (30) hours of compensatory time or additional pay as the Captain elects.
All hours in excess of a regular tour of duty on a holiday will be compensated in accordance with the provisions of Article 20.
Compensatory time will not he credited to a Captain on a holiday if the Captain is on the medical roll (excluding IOD), absent due to sickness or death in the family, on military leave, suspended, excused non-disciplinary or on a leave of absence.
Section 11.3 Personal Day
A. For each calendar year, Captains shall be entitled to receive, in addition to the days
specified in Section 11 .1, six (6) personal days. Subject to the limitations set forth in subsection (B),
Captains shall not be required to work on a personal day, provided that written notice ofthe personal day
is given to the appropriate supervisor no later than December 1 5 of the preceding year.
B. The following limitations apply to the scheduling of personal days:
1. A holiday specified in Section 11.1 may not be selected as a persona 1 day.
Prior to January I of each year, the Department may identify up to three (3) dates for each watch during which personal days may not be scheduled, provided that the operation ofthis paragraph shall not result in more than three (3) denials for any Captain during the course of a calendar year.
Notwithstanding paragraph 2, the Department retains its existing right to deny a personal day in response lo sudden or unexpected events or circumstances that customarily would require maximum sworn staffing levels. If ihe Department intends to exercise this right, the Department shall provide Unit 156-Captains with twenty-one (21) days' notice of its intent or as much notice as is possible given the events or circumstances at issue.
i
Captains may elect to be paid for six ((¦>) unused personal days per year in lieu of taking Where Captains elect such payment, the payment shall be made by April 1 ofthe following
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year. Captains may carry over six (6) unused personal days for use in the following year.
Any dispute within a Unit as to the selection of a personal day shall be resolved by seniority as defined in Section 23.1(A).
Section 11.4 Special Compensation Time
If, as a result of a declaration by the Mayor, all employees of the Employer except for police and fire employees are given a day off or portion thereof with pay, then all Captains who are required to work during such excused time shall be given compensatory time off at a straight-time rate equivalent to the hours worked during such excused time.
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Section 11.5 Holiday Declaration
To the extent that any additional holiday Ls declared by federal, state or municipal authority during the tenn of this Agreement, and such holiday is granted to any employee of the Employer, then said holiday shall be incorporated into Section 11.1 and compensated for as provided in Section 11.2.
ARTICLE 12
HEALTH INSURANCE AND RELATED BENEFITS
Section 12.1 Medical, Dental and Flexible Spending Account Plans
The Employer's medical and dental plans arc incorporated by reference into this Agreement and described in Appendices D, E, F, G, H, 1 and J.
The Employer shall provide Captains with the opportunity to enroll in a Flexible Spending Account ("FSA") plan, which will permit Captains to fund, on a pre-tax basis, an individual account that the Captain may use to pay for qualified unreimbursed medical expenses, as provided under Section 213 of the Internal Revenue Code. Subject to Internal Revenue Service regulations, the FSA plan will allow participants to pay the following qualified expenses on a pre-tax basis: dental expenses; vision expenses; health plan contributions, deductibles and co-payments; prescription dmg co-payments and payments for over-the-counter drugs; and other unreimbursed medical expenses. Participation is voluntary, and participants may contribute up to $5000.00 annually on a pre-tax basis, which will be deducted pro-rata each payroll period. Captains may enroll in the FSA plan or change the amount of their elections once per year during open enrollment or when they have a change in family status, As mandated by the Internal Revenue Code, a "use it or lose it" mle applies to Section 125 plans. During open enrollment, the parties will engage in a joint educational campaign to inform Captains of the benefits of flic FSA plan and otherwise increase employee participation in such plan.
The medical plan (health insurance plan) shall consist of two (2) separate alternative coverages-a PPO plan ("PPO") and two (2) HMO plans ("HMO"). In the event that a new health care plan becomes available to the Employer during a plan year, the Employer shall have the right to include that new plan in the plan alternatives upon reasonable prior notice to and discussion with Unit I 56-Captains.
The Employer shall make available to Captains and their eligible dependents summaries of the benefits provided by the Employer's health care plan either electronically or in print with the cost of any printing to be borne by the Employer.
The plans for both medical and dental benefits, including the provisions on eligibility and self-contribution rules and amounts in effect as of the date of this Agreement, may not be changed by the Employer without the agreement of Unit 156 -Captains; however, any changes during the tenn of this Agreement relating to health care (including, but not limited to, changes in employee contributions, deductibles or out-of-pocket limits) agreed to with Lodge 7 and applicable to bargaining unit members represented by Lodge 7 or Battalion Chiefs represented by Local 2, shall be applicable to Captains covered by this Agreement. Any increases in deductibles or out-of-pocket limits affecting the higher
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liea11 h care contribution band shall no t exceed an increase in deductibles or out-of-pocket limits for the lower health care contribution band.
The Employer agrees to make available to the following other persons the above-described hospitalization and medical program and the dental plan: Captains who retire on or after age sixty
(60) and their eligible dependents; widows and children of Captains killed in the line of duty; former Captains on pension disability (both duty and occupational) and their eligible dependents; and widows and children of deceased Captains who were formerly on pension disability (both duty and occupational). The Employer will contribute the full cost of coverage for any ofthe above-enumerated Captains who elect coverage under any plan or plans. However, coverage under a plan for such Captains shall terminate when a Captain e it her reaches the age for full Medicare eligibility under federal law or ceases to be a dependent as defined in a plan, whichever occurs first. After a Captain reaches the age foi- full Medicare eligibility, the Captain shall be covered under the medical program for annuitants, provided the person pays the applicable contributions.
Section 12.2 Chicago Labor-Management Trust
Unit 156-Captains commits to becoming a signatory labor organization ofthe labor-management cooperation committee know n as the Chicago Labor-Management Trust ("Trust"). Upon the ratification of this Agreement, Unit 156-Capta ins agrees to meet with the Employer and representatives from the signatory labor organizations to the Agreement and Declaration of Trust establishing the Trust ("Trust Agreement") for the purpose of determining Unit 156-Captains' representation within the Trust and the guidelines and procedures to be used in expanding the Trust to include the members of the bargaining unit. The parties contemplate that Unit 156 -Captains shall have at least one (1) Trustee appointed to the Trust. After Unit 156-Captains becomes a signatory labor organization to the Trust, Unit 156-Captains shall be afforded the same right to withdraw from the Trust as is granted to any other signatory labor organization pursuant to the Trust Agreement.
Section 12.3 Health Care Reopcncr
A. Each party reserves the right to reopen this Agreement to negotiate the health care plan set forth in this Agreement for the following reasons:
Any change in the applicable laws, including a universal, national or state health care , program, mandating significant changes in health insurance benefits that becomes law and is effective during the term ofthis Agreement and that affects the health care benefits offered to bargaining unit members; or
The lack of achievement of health care cost containment as anticipated by the parties pursuant lo the formation and administration of the 'Trust referenced m Section 12.2 and as defined in the Trust Agreement.
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If any one of the foregoing events or conditions occurs, cither party has thirty (30) days to notify the other party in writing of its intent to reopen this Agreement to negotiate the health care plan set forth in this Agreement. Thereafter, the parties have ninety (90) days within which to reach an agreement.
In the event that this Agreement is reopened lo negotiate the health care plan, the health care plan in effect at the time the Agreement is reopened shall not be changed by the Employer without the written consent of Unit 156 -Captains. If the parties are unable to agree on modifications to the health care plan, the dispute shall be submitted to interest arbitration in accordance with Section 281(B).
Section 12.4 Ambulance Fees
Captains and their eligible dependents and retirees and their spouses will be exempt from fees for emergency medical services performed by the Chicago Fire Department.
ARTICLE 13
LAYOFFS AND RE-EMPLOYMENT
Section 13.1 Priority of Layoffs
No Captain in the bargaining unit shall be laid off until all sworn police officers (including probationary police officers) have been laid off.
Section 13.2 Notice of Layoffs
When there is an impending layoff with respect to any Captains in the bargaining unit, the Employer shall inform Unit 156 -Captains, in writing, no later than thirty (30) days prior to such layoff. I he Employer will provide Unit I 56-Captains with the names of all Captains to be laid off prior to the layoff. Captains shall be laid off in accordance with their seniority (i.e., time in grade). The Captains with the least amount of seniority shall be laid off first. All Captains shall receive notice, in writing, of the layoff at least thirty (30) days in advance ofthe effective date of such layoff.
.Section 13.3 Recall
Any Captain who has been laid off shall be placed on the appropriate reinstatement list and shall be recalled on the basis of seniority, provided the Captain is fully qualified to perform the work to which he/she is recalled without further specialized training. No Lieutenant shall be promoted to Captain while a Caprain is on layoff. Any Captain who has been laid off shall receive when recalled the salary rate that would have been received by the Captain had the Captain never been laid off.
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ARTICLE 14
BULLETIN BOARDS
The Employer shall provide Unit I 56-Captains with designated space on available bulletin boards, or provide bulletin boards on a reasonable basis where none are available, upon which Unit 156 -Captains may post its notices.
ARTICLE 15 SAFETY ISSUES
Section 15.1 Cooperation
The Employer and Unit 156-Captains agree to cooperate to the fullest extent reasonably possible to promote the use of safe equipment and facilities.
Section 15.2 Safety Committee
Unit 156-Captains and the Employer shall establish a Safety Committee composed of one (1) Sergeant, one (I) Lieutenant and one (1) Captain designated by Unit 156-Captains and up to three
(3) members designated by the Employer. The Committee shall meet at least semi-annually, unless waived by mutual agreement, or more frequently by mutual agreement, for the purpose of discussing and investigating safety and health issues relating to Captains and lo recommend reasonable safety and health criteria relating to equipment and facilities. Formal recommendations of the Committee shall be submitted, in writing, to ihe Superintendent or his/her designee with a copy to Unit 156Captains, but such recommendations shall not be binding upon the Employer or Unit 156-Captains. In addition to Committee recommendations, Unit 156-Captains may submit additional written recommendations to the Superintendent.
for purposes of this Section, the term "investigating" shall be limited to the right of Unit 156-Captains Committee members to obtain information upon request, receive minutes of other Department safely meetings (if any), observe conditions regarding identified safety and health hazards and discuss such matters with Captains and members of management, provided such discussions do not unduly interfere with the performance of duty by any Captain or Committee member.
In the event the Employer agrees, in writing, to adopt the recommendation of the Committee or Unit 156-Captains, the recommendation shall be implemented within a reasonable period of time, unless the failure to implement in a timely fashion was beyond the reasonable control of the Employer. However, no monetary relief shall result from the failure to implement any such recommendation
If the Superintendent or the Superintendent's designee disagrees wilh the recommendation of the Committee or Unit 156-Captains, he/she shall so notify the Committee or Unit 156-Capiams m writing
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within ten ( I 0) days. Within ten (I 0) calendar days of such notice, Unit I 56-Caplains may request arbitration of any such dispute if such dispute raises a good faith issue regarding the use of equipment or materials which are alleged to present a serious risk lo the health or safety of a Captain beyond that which is inherent: in the normal performance of police duties. The decision of the Arbitrator under this Section shall be advisory only and shall not be binding upon the Employer, provided that this procedure shall nol be exclusive and shall not affect the right of a Captain or Unit 1 56-Captains to invoke Article 9 where otherwise appropriate. .No such advisory opinion shall constitute a determination of the existence of any safety or health hazard under this Agreement nor shall any such advisory opinion be introduced in any proceeding under Article 9.
Section 15.3 Disabling Defects
No Captain shall be required to use any equipment that has been designated by both Unit 156-Captains and the Eauployer as being defective because of a disabling condition, unless the disabling condition has been corrected.
Section 15.4 Notices
The Employer shall post all safety and health notices required by law in conspicuous places where notices to employees are customarily posted.
ARTICLE 16
SECONDARY EMPLOYMENT AND SPECIAL EMPLOYMENT Section 16.1 Secondary Employment
Captains, including those engaged in secondary employment as of the effective date of this Agreement, musl submit a form developed by the Chicago Police Department prior to engaging in secondary employment, giving notice of the place of secondary employment and the time and hours of said employment.
The Employer reserves the right to restrict secondary employment when it has reasonable cause to believe that the number of hours which the Captain spends on secondary employment is adversely affecting his/her performance. The Employer retains the existing right to limit, restrict or prohibit the nature or type of secondary employment that a Captain undertakes. No Captain on the Medical Roll may engage in secondary employment.
No Captain will be allowed to work, including work for a secondary employer, in excess of 16 hours in any 24-hour period unless ordered by the Department.
Section 16.2 Special Employment
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The Special Employment Program is a voluntary program that allows Captains to work on their days off for the Department at the rate of one and one-half the Captain's usual salary.
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ARTICLE 17
UNIT 156-CAPTAINS REPRESENTATIVES
For the purposes of administering and enforcing the provisions of this Agreement, the Employer agrees as follows:
Section 17.1 Meeting Participation and Scheduling
The Employer recognizes and agrees to me et with Unit 156-Captains' representatives relating to matters covered by this Agreement. Meetings shall occur at reasonable times by mutual agreement. The names of designated representatives shall be certified to the Employer, in writing, by Unit 156-Captains.
Section 17.2 Unit 156-Captains Representatives
For purpose of the administration and operation of Unit 156 -Captains, and for the purpose of conducting union business for Unit 156-Captains, the Employer shall grant designated officers of Unit I 56-Captains paid time off lo be used in a manner determined by Unit 156-Captains. During such paid time off. the Employer shall continue to pay the Captain all salary and maintain all benefits, including pension contributions and seniority accruals, as if the Captain were on duty with the Employer, provided that Unit 156-Captains reimburses the Employer an amount equal to the paid time off for said salary and benefits. Paid time off shall not exceed eight hundred (800) per year.
Section 17.3 Attendance at Unit 156-Captains Meetings
Subject to emergencies and the need for orderly scheduling, the Employer agrees that elected officials and members of the Board of Directors of Unit 156-Captains shall be permitted rcasona ble time off, without loss of pay, to attend general, board or special meetings of Unit 156-Captains, provided that at least forty-eight (48) hou rs' notice of such meetings shall be given, in writing, to the Employer, and provided further that the names of all such officials and Captains shall be certified, in writing, to the Employer. With respect to the four (4) Board of Directors meetings (per year), in the event an elected official or member ofthe Board of Directors is scheduled to work on a watch adjacent to the watch on which the meeting is being held, that individual shall be excused, with pay, from having to work that watch (e.g., if the meeting is scheduled during the 3rd watch of June 25, a Captain assigned to work the 2nd watch on June 25 or the Is'watch on June 26 will be excused, with pay). This provision applies only to those Captains actually scheduled to work that day: Captains on furlough, medical, baby furlough day, personal day. etc., that day are not entitled to any additional paid time off. The Department further agrees to continue the practice, with respect to the Board of Directors meetings referenced above, pursuant to which elected officials or members ofthe Board of Directors who are schedu le d to work on the watch for which the meeting is scheduled, shall be excused, with pay, from havin g to work that watch (e.g., if the meeting is scheduled durin g the 3rd watch, a Captain assigned to work that watch on that day will be excused with pay for the entire tour of duty).
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Section 17.4 Grievance Processing
Reasonable tini e shall be permitted Unit 156-Captains representatives for the purpose of" aiding, assisting or otherwise representing Captains in the handling and processing of" grievances or exercising other rights set forth in this Agreement, and such reasonable time shall be without loss of pay.
Section 17.5 Attendance at State and National Conferences
A. Subject to staffing needs, a maximum of three (3) appointed or elected delegates will be
permitted to attend state and national conferences of the Policemen's Benevolent & Protective
Association of Illinois and the National Association of Police Organizations. Such conference time shall
be equal to the duration of the conference plus reasonable travel time to and from such conference.
B. A maximum of three (3) appointed or elected delegates of Unit 156-Captains will be
permitted to attend state and national conventions of the Policemen's Benevolent & Protective
Association of Illinois and the National Association of Police Organizations with pay. Such convention
time shall be equal to the duration of the convention plus reasonable travel time to and from such
convention up to a maximum of seven (7) days every two (2) years per bargaining unit member attending.
Section 17.6 Unit 156-Captains Negotiating Team
Up to three (3) members designated as being on the Unit 156-Captains negotiating team shall, for the
purpose of attending scheduled negotiations, be excused from their regular duties without loss of pay. If a Captain is in day-off status on the day of negotiations, the Captain will not be compensated for attending the session.
Section 17.7 Unit 156-Captains Activity
The Employer shall not prohibit discussion, solicitation or distribution of literature among Captains covered by this Agreement wilh respect to matters concerning Unit 156-Captains affairs, unless such activity interferes with the performance of the duties of any employee or with the orderly and efficient operations ofthe Employer, or unless it interferes with the transaction of business by the public with the Employer .
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ARTICLE 18
DISABILITY INCOME
Section 18.1 10D
Any Captain absent from work on account of an 1 OD for any period of time not exceeding twelve (I 2) months shall receive for each such 10D full pay and benefits for the period of absence, provided such injury or illness is certified by the Medical Administrator. Such certification shall not be unreasonably withheld.
Captains who have exhausted said twelve (12) month paid I0D leave shall be given the option to go voluntarily on non-paid medical leave instead of disability pension, provided as follows:
A. The Captain must exhaust all furlough, personal days, Baby Furlough Days and
accumulated compensatory time;
R Such non-paid leave shall continue for no more than three (3) months, plus an extension
of no more than three (3) months, and shall not be granted or extended, unless the Employer determines that the Captain is likely to return to duty within the period of the leave or exte nsion thereof; and
C Such non-paid leave shall be subject to Section 23. 1(B) and sha 11 not be deemed duty
disability leave.
Section 18.2 Non-IOD
Any Captain absent from work on account of a non-lOD injury or illness for any period of time not exceeding twelve (12) months in any twenty-four (24) consecutive month period shall receive full pay and benefits for the period of absence, provided such injury or illness is certified by the Medical Administrator. Such cert ificat ion shall not be unreasonably withheld.
Section 18.3 Certification
Certification that a Captain has been injured in the line of duly shall not be unreasonably withheld.
Section 18.4 Return to Duty
In order to enab le Captains applying to return from leave for injury or illness to be processed back to duty as soon as possible, the Employer sha 11 advise such Captains in advance of the records needed and other requirements they must meet in order to permit such return. The Employer must consider medical records and reports from legally qualified practitioners of the healing aits acting within the scope of their li ce uses, including, but not limited to, chiropractors, in its determination of whether a Captain is lit to return to duty.
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If the Employer requires and specifies certain additional medical tests to be performed and passed as a condition of" the Captain's return, and said tests were not, and are not nonnally, performed in the normal course of appropriate medical treatment for the illness or in jury involved, then the Employer shall, at its option, either provide the test or reimburse the Captain for the cost of bo ill the test and any required record thereof to the extent that such cosl is not covered by insurance.
The Employer shall not require a physician's certificate as a condition of return to duty from medical leave lasting three (3) days or less, except for good cause.
Section 18.5 Advisory Committee
The Employer and Unit 156-Captains shall establish a joint Committee to develop solutions to problems of medical leave cost and abuse. The Committee shall be advisory only.
Section 18.6 Injuries on Duty and Recurrence Claims
The Employer and Unit 1 56-Captains have agreed upon procedures which will be followed by tire Medical Services Section when a Captain reports an injury on duty or a recurrence of an injury on duty. Those procedures are set forth in Appendix K.
Section 18.7 Employer Responsibility for Hospital, Medical and Prescription Costs and Pension Contributions
The Employer agrees to pay all hospital, medical and prescription costs of a Captain who is on a leave of absence for duty or occupational disability purposes, all at no cost to the Captain. The Employer shall make pension contributions on behalf of the Captain as if the Captain had remained in active service.
Section 18.8 Medical Benefit Statement
Upon the written request of a Captain who is injured or who becomes ill in the performance of his/her duties, the Employer will provide a written statement showing die period of absence and the amount of salary received during the period of absence due to such injuty or illness. Upon the written request of a Captain on a leave of absence for ordinary, occupational or duly disability pension, the Employer will provide a statement covering the period of absence prior to retirement and the amount of the disability benefit received by the Captain during said period. Any statements for any calendar year required ofthe Employer under this Section will be provided only once.
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ARTICLE 19
BEREAVEMENT LEAVE
Seel ion 19.1 Death in Family
The Employer agrees to provide to Captains leave without loss of pay, as the result of a death in the family, not to exceed three (3) consecutive days, including regularly scheduled days off, within the fourteen (14) calendar days imni ediately following the death of a member of the immediate family.
Annual and time-due furlough will not be extended as a result of a death occurring in the Captain's immediate family during such furlough, unless the death occurs during the la st three (3) days of the furlough period, at which time the procedure outlined above will be followed.
Section 19.2 Definition of Family
A member of the imni ediate family shall be defined to be any Captain's mother or father (including step), wife, husband, domestic partner, daughter or son (including step or adopted), sister or brother (including half or step), father-in-law, mother-in-law, daughter-in-law, son-in-law, sistcrin- law, brother-in-law, grandparent or grandchild.
In the event ofthe death of a domestic partner, the Captain shall be granted three (3) consecutive days of leave, including regularly schedu led days off, within the fourteen (14) calendar days immediately following the death, provided that the Captain has registered the name of the Captain's domestic partner with the Department of Personnel.
Domestic partners are defined as two (2) persons, regardless of their gender, who have a close personal relationship, sharing the same regula r and permanent residence for at least six (6) months, are eighteen (18) years of age or older, not married to anyone, not. related by blood closer than would bar marriage in the State of Illinois and are each other' s sole domestic partner, responsible for each other's common welfare and jointly sharing their fina ncia I responsibilities.
Section 19.3 Extended Bereavement Leave
Where a. Captain is entitled to bereavement leave pursuant to Section 19.1 and where the death occurs and the funeral is to be held out of Illinois and beyond the states contiguous thereto, the Captain shall be entitle d to a maximum of five (5) consecutive clays. In the case of a death of a brother-in-law or a sis ter-in-1 aw of a Captain and where the cleat h occurs and the funeral is lo be held out of Illinois and beyond the states contiguous I hereto, the five (5) consecutive days of bereavement leave shall consist of three (3) days leave which the Captain, al his or her option, may extend by an additional two (2) days by
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utilizing accrued compensatory or other elective time. Where the Captain so elects, use of the time may not be den ied by the Employer. For purposes ofthis Section, those states contiguous to Illinois are Missouri, Iowa, Wisconsin, Indiana, Kentucky and Michigan.
ARTICLE 20
FIOURS AND OVERTIME
Section 20.1 Work Day, Work Week and Work Period
All time in excess of the hours worked in the normal work day and the normal work week shall be compensated as provided in this Article. 'Ihe normal work period shall be twenty-eight (28) days commencing on a Sunday.
Section 20.2 Compensation for Overtime
Overtime is defined as those hours actually worked in excess of the normal work day or the normal work week. All approved overtime in excess ofthe normal work day or the normal work week shall be compensated at the appropriate overtime rate of time-and-one-half. For hours in excess of the normal work day or the normal work week, but less than 171 for a twenty-eight- (28-) day work period, the overtime rate will be calculated on the Captain's base salary only. For hours in excess of 171 in a twenty-eight- (28-) day perio d, the overtime rate will be calculated in accordance with the Fair Labor Standards Act. Overtime will accrue in fifteen- (15-) minute increments once Captains work at least eight (8) minutes in a fifteen- (15-) minute period .
A Captain who earns overtime pursuant to the FLSA shall be paid overtime compensation. A Captain who earns non-FLSA overtime shall have the option of electing pay or compensatory time consistent with the provisions ofthis Agreement.
Section 20.3 Call Back/Reporting on Regular Day Off
A call back is defined as an official assignment of work (including reporting to the Medical Services Section, but not for release from the medical roll) which does not continuously precede or continuously follow a Captain's worked hours. Captains who are called hack or who are required to report to any location for work on a regular day off shall be compensated for two (2) hours at the appropriate overtime rale or for ihe actual time worked, whichever is greater, at the overtime rale.
Section 20.4 Court Time
A. Captains required to attend authorized court outside their regularly scheduled working hours shall be compensated al the overtime rate with a minimum of two (2) hours, except (I) if the court time is during a Captain's elective time and ihe Captain knew of the court date before the request for elective time was approved, (2) while the Captain is on paid medical leave or (3) if the Captain is compensated for such time by a secondary employer.
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Captains required to attend authorized court or authorized pre-trial conferences within one (1) hour immediately preceding their normal tours of duty will be compensated at the overtime rale for one (I) hour. Captains required to attend authorized court or authorized pre-trial conferences commencing during their tours of duty and extending beyond the normal end of the tours of duty, or commencing at the same time as their tours of duty end, will be compensated at the overtime rate on the basis of completed fifteen- (15-) minute segments. This overtime will be computed from the end of the normal tour of duty to the sign-out time at the court or at the conclusion ofthe pre-trial conference.
Court appearances during off-duty hours, with the exceptions as noted above, will be credited at the rate of time-and-one-ha If with a minimum of two (2) hours when the actual time spent in court is two (2) hours or less. When the actual time spent in court exceeds two (2) hours, overtime will be computed on the basis of completed fifteen- (15-) minute segments. Appearances at more than one (1) court on the same day will be computed at the rate of time-and-one-half in the following manner:
I When the time between court appearances exceeds two (2) hours (sign-out time from the first court to sign-in time at the next court), a minimum of two (2) hours will be credited for each court appearance.
When the time between court appearances is two (2) hours or less, overtime will be computed on the
basis of completed fifteen- (15-) minute segments for the total time between sign-in time at the first court and sign-out lime at the last court. A minimum of two (2) hours will be credited when this total time is two (2) hours or less .
Section 20.5 Stand-By
Where the Employer requires a Captain to remain on stand-by and available for work, and the Captain is not able to come and go as the Captain plea ses. such time shall be paid as time worked.
Section 20.6 Day Off Changes
A. Days off assigned on "change day" shall remain unchanged for the duration of each twenty-eight - (2S-) day police period, except for the following:
1. In-service training; 2 Elective training;
Mandatory proficiency training;
Pre-service training for promotion;
A situation where the Superintendent and the Mayor have determined in writing that a serious emergency condition exists: and
Working out of grade, provided that the Captain will not be required to work as a Commander (D-6) if the Captain does not wish to have his/her assigned days off changed
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The Employer's right to assign Captains for duty while on regular day-olT status is unrestricted and unch allcnged . provided, however, that in each such event, the Employer will pay the Captain so assigned the premium time under Section 20.2.
Changes required to implement the provisions of Section 23.2 controlling scheduled days off for Captains going on or returning from furlough or changes made at the request of Captains shall not require premium compensation.
Section 20.7 Accumulation of Compensatory Time
The Employer will not restrict an accumulation of compensatory time subject to Section 20.2; the number of hours of compensatory time which a Captain has on record shall not be the controlling factor in determining whether a Captain will be allowed to take time due.
Section 20.8 Scheduled Back-to-Back Shifts
When a Captain assigned to District Law Enforcement who has worked a full tour of duty on the third watch on the preceding day is scheduled to work on the first watch, the Captain shall receive compensation as follows:
for four (4) hours worked, the Captain will be credited with eight (8) hours of regular
pay.
For more than four (4) hours worked, the Captain shall be credited at the rate of time and one-half for hours worked over four (4) on the first watch in addition to the eight (8) hours of regular pay up lo a maximum of fourteen (14) hours for a full tour of duty on the first watch.
Such compensation will not apply if the back-to-back tour of duty on change day occurs as a result ofthe Captain's request.
For purposes ofthis Section, back-to-back shifts mean two (2) consecutive, but different, tours of duty. Back-to-back does not include an extension of a tour of duty, which is a continuation of duties from the prior tour of duty.
Section 20.9 Rank Credit
Effective July 1. 2004, the Employer will credit each Captain with forty-five (45) minutes per day of compensatory lime. Said forty-five (45) minutes per day will be credited for each day on which a Captain works, provided Ihe Captain works at least four (4) hours that day.
Section 20.10 Duty Availability Allowance
A Effective January I, 2017 and therca fter, all eligible Captains shall be paid quarterly
payments ol'S95<)00 as duty availability pay.
B .Entitlement to duly availability pay is not dependent on a Captain being present for duty
for an entire pay period
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C. In accordance with applicable law, the Employer shall treat duty availability allowance payments as pensionable.
Section 20.11 Change of" Schedule
The Employer's right to assign Captains at any time and at different times during each twenty-eight- (28-) day police period remains unrestricted and unchallenged. Watch assignments and designated starting times shall be established and posted at the beginning of each police period and shall remain in effect for the duration of the twenty-eight- (28 ) day police period, except for the following:
I . In-service training;
Elective training;
Mandatory proficiency training;
Prc-service training for promotion;
Court appearances in excess of two (2) consecutive days;
A situation where the Superintendent and the Mayor have determined in writing that a serious emergency condition exists; and
Working out of grade.
However, starting times may be adjusted by the Employer (1) plus or minus three (3) hours from the designated starting time or (2) for up to seven (7) hours within the Captain's assigned watch for circumstances not known to the Employer forty-eight (48) hours prior to the start ofthe police period.
Any adjustment made inconsistent with the above provision, made after the start ofthe twenty-eig ht- (28-) day period, will result in payment in accordance with Section 20.2 for the hours worked outside of the Captain's tour of duty scheduled at the beginning of the twenty-eight- (28-) day period. Shift changes during the police period made voluntarily at the request of the Captain and upon approval of the Employer shall not require additional compensation. There shall be no pyramiding of overtime and/or premium pay: overtime and premium pay shall not be paid for the same hours worked.
C. Notwithstanding the above, effective the first full police period following the final date of ratification ofthis Agreement, and continuing through the twelfth police period of 2015. the parties agree to implement a pilot program pursuant to which changes may be made in the work schedule of Captains assigned as Executive Officers in District Law Enforcement without payment of premium compensation under this Section, .subject to the following understandings and requirements:
I) The Department has advised the Union that the nature ofthe Executive Officer assignment, in light of us varied high level responsibilities, requires flexibility in scheduling beyond that afforded under Article 20 in the predecessor collective bargaining agreement. The Union has advised the Department that it appreciates the unique character ofthe Executive Officer assignment but needs to preserve a reasonable degree of certainty in the work schedule of its members and the need to ensure that there are appropriate safeguards to prevent abusive, excessive or otherw ise inappropriate changes in schedule.
Captain s assigned as Executive Officers in District Law Enforcement will retain their assigned watch, but may be assigned to start work more than three £3_1 two (2) ho urs from the designated starting time for that watch on up to three (3) occasions during the first four twenty-eight day police periods ofthe pilot program and four (4) occasions during each twenty-eight day police period ofthe pilot program thereafter vvitho ut payment of additional compensation,, provided the change is for legitimat c operationa 1 reasons and is not arbitrary, capricious or discriminatory. "Occasion", for purposes of this paragraph, shall be an individual tour of duty. Changes in starting time pursuant to this paragraph shall not impact the Executive Officer's day off group assignment.
To ensure that such schedule changes are for appropriate reasons, the Union and the Department will each designate one (1) individual to coordinate oversight ofthis pilot program. In the event the Union believes an individual schedu le change is not appropriate under paragraph (2) above, its designated representative shall immediately contact the Department ' s representative, who shall promptly investigate the circumstances of the schedule change in issue, and sha 11 share the results ofthe investigation with the Union's representative . If the two representatives agree that the schedule change is not appropriate, the Department sha 11 rescind or modify the change accordingly . The two representatives shall remain in consisten t communication regarding this pilot program for the purpose of ascertaining appropriate parameters and reasons for sched ule c hanges, determining how such changes can be handled differently in future instances, and determining any unwarranted adverse impact on Captains. No Captain participating in the pilot program shall be retaliated against for presenting in good faith a claim that ari individual schedule change is not appropriate within the meaning ofthis paragraph.
Upon the conclusion of the pilot program the parties, by mutual agreement, may discontinue the program or continue it subject to mod ificatio n. If the parties arc unable to agree upon continual io n ofthe pilot program, they shall submit the issue for expedited resolution pursuant to Sectio n 28.3(B). The parties shall submit their respective proposals to the Neutral selected for that purpose, who shall adopt the proposa 1 whic h is most beneficial to the needs of the Department and the Union. The proposal so selected by the Neutral shall be implemented at the beginning ofthe following police period. The provisions ofthis pilot program shall remain in effect during the impasse resolution procedure. The Neutral shall issue his Award no later than the close of the third (3rd) police period of 2016.
Captains assigned as Executive Officers in District Law Enforcement shall be assigned to one of two watches : the day watch or the X watch. The day watch shall have a designated starting time of 0800 hours. The X watch shall have a desig nated starting time of 1700 hours (5:00 p.m.).
Captains assigned to Units outside District Law Enforcement shall not be eligible for additional compensation for schedu le changes under this Section.
E. It is understood and agreed that a Captain assigned as an Executive Officer in District Law
Enforcement and the District Comma ndcr in the District to whic h he or she is assigned may by mutual agreement provide for a starting tunc and/or change in regular day off group outside the parameters
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otherwise provided for in this Agreement in response to existing circumstances, and such adjusted schedule shall not be deemed a violation of this Agreement or as cause for payment of additional compensation; provided, however, that the work schedule of an Executive Officer in District Law Enforcement shall consist either of a) live (5) consecutive work days and two (2) consecutive days off, one of which shall be a Saturday or a Sunday, orb) a 4/2 schedule with a rotating day off group. The ability ofthe Executive Officer and the District Commander to work cooperatively and flexibly in scheduling is recognized as inherent in the leadership role assumed by the Executive Officer.
ARTICLE 21 UNIFORMS
Section 21.1 Uniforms and Equipment Advisory Committee
One Captain designated by Unit 156-Captains shall be added to the Department's Uniforms and Equipment Advisory Committee. The Committee's function will be to offer recommendations relative to additions, deletions or modifications in the Department's Uniforms and Personal Equipment Program. The recommendations will be channeled through the Research and Development Division to the Department's Uniforms and Personal Equipment Policy Committee. Any and all recommendations made by the Committee will be advisory only.
Section 21.2 Major Changes
The Department will apprise the Uniforms and Equipment Advisory Committee whenever major changes to the Uniforms and Personal Equipment Program arc anticipated.
Section 21.3 Uniform Allowance
Effective August I, 2020, each Captain shall receive a uniform allowance of SI,950.00 per year payable in three (3) installments of S650.00 on February 1, August 1 and December 1 of 2020 and each calendar year thereafter.
Subject to available funding, during calendar year 2009 and each calendar year thereafter, the Employer shall issue to each Captain a voucher that shall be used to purchase uniforms and personal equipment items which are identified by the Superintendent in accordance with the Department's Uniforms and Personal Equipment Program and which are nol currently possessed by the Captain.
Section 21.4 Uniform Change or Modification
The Employer shall pay for the first issue of any change in, or modification of, the prescribed uniform announced and effective after January E 1998. Changes in the prescribed uniform required as a result of promotion to or from ihe position of Captain shall not be subject to payment by the Employer.
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ARTICLE 22
INDEMNIFICATION
Section 22.1 Employer Responsibility
The Employer shall be responsible for, hold Captains harmless from and pay for damages or monies which may be adjudged, assessed or otherwise levied against any Captain covered by this Agreement .subject to the conditions set forth in Section 22.4.
Section 22.2 Legal Representation
Captains shall have legal representation hy the Employer in any civil cause of action brought against a Captain resulting from, or arising out of, the performance of duties .
Section 22.3 Cooperation
Captains shall be required to cooperate with the Employer during the course ofthe investigation, administration or litigation ofany claim arising under this Article.
Section 22.4 Applicability
The Employer will provide the protections set forth in Sections 22.1 and 22.2 so long as the Captain is acting within the scope of his/her employment and where the Captain cooperates, as defined in Section 22.3, with the Employer in defense ofthe action or actions or claims.
Section 22.5 Expedited Arbitration
Grievances alleging a violation of Article 22 may be initiated at Step Three of the grievance procedure. In arbitrations thereunder, unless the parties agree otherwise, the hearing shall commence within thirty (30) days ofthe selection ofthe Arbitrator, and the Arbitrator shall issue his/her award, in writing, within fifteen (15) days following the close of the hearing. The full written decision of the Arbitrator may be issued within thirty (30) days ofthe close ofthe hearing.
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ARTICLE23
SENIORITY
Section 23.1 Definition and Application
Seniority shall be defined as a Captain's continuou s length of service in rank subject to Section 23. 1(B).
In the event two (2) or more Captains have the same seniority date, the Captain with the longest period of continuous service, as determined by referring to the Captains' continuous service dates, shall receive the higher seniority status.
In the event two (2) or more Captains have the same seniority and continuous service dates, the older Captain, as determined by referring to the Captains' dates of birth as recorded on their employment applications, shall receive the higher seniority status.
Advancement within the salary and quarterly differential schedule shall be determined by the Captain's continuous service date. The continuous service date shall be the date of last hire as a sworn member subject to the following:
For a Captain who has resigned and who has been re-hired, the continuous service date shall be determined by the continuous length of service from the date of last hire as a sworn member without consideration of the Captain's prior service, unless an application for re-employment was received within one (1) year of the Captain's resignation date, in which case the continuo us service date will be adjusted to reflect the time the Captain was absent from the Department.
For Captains taking a leave of absence, only the days absent in excess of thirty (30) days' leave from the Employer' s service without pay (other than military, duty disability. Family and Medical Leave Act leave or suspension) shall be deducted in computing the continuous service date.
The seniority of a Captain and the employment relationship shall be terminated in the following circumstances:
I. Resignation; 2 Separation (discharge)
Retirement;
Unauthorized absence for four (4) consecutive working days without notice to the Employer;|109|If laid off, failure to report fit for duly within thirty-one (31) days ofthe delivery of written notification of recall lo the Captain's last known address, which notification shall be simultaneously provided to Unit 156-Captains;|109|Failure to report fit for duty upon the termination ol an authorized leave of absence; and 7. On a layoff list for five (5) years.
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Section 23.2 Furlough Scheduling
A Captain shall select his/her furlough by rank and seniority within rank, within the Unit of assignment, or, if detailed for twenty-eight (28) days or more prior to the date selection begins, within the Unit of detail on the basis of seniority. Captains may elect to take their full furloughs or split the furloughs to which they are entitled into two (2) equal segments.
If the furlough is split, the first one-half of the furlough shall be determined in one process and on the basis of seniority. After all Captains have bid for their first choices, Captains who have split their furloughs shall select the second one-half in one process and on the basis of seniority.
A full furlough will commence on the first day of a police period. A split furlough will commence on either the first or the fifteenth day of a police period.
Compensatory time furloughs will not be scheduled for Captains who split their annual furloughs; however, such Captains shall be allowed to take a compensatory time furlough by utilizing elective time between regularly scheduled weekends off, subject to manpower requirements.
Furlough schedules may be adjusted to accommodate seasonal operations, significant revisions in organization, work assignments or the number of personnel in particular ranks.
The day off group of a Captain on furlough (full or split) will not be changed during the remainder ofthe week in which the Captain is scheduled to return, unless a Captain who is required to work on his/her scheduled day(s) off during that week is compensated by the payment of premium benefits under Article 20 for all hours worked on his/her scheduled day off.
Captains who elect to split their annual furloughs into two (2) segments or take full annual furloughs will, if they so desire and at their option, be returned to the day off groups they were in at the time their furloughs or furlough segments were selected. Affected Captains who desire to be returned to the day off group they were in at the time they selected their furloughs will notify their Unit Commanding Officers two (2) weeks prior to the beginning of the furlough segment if their day off groups must be changed to match the original group. The change in day off group should take place on the Sunday preceding the first day ofthe furlough segment.
Section 23.3 Seniority List
The Employer shall prepare a seniority list. The list shall be made available to Captains in each Unit. Unit 156-Captains shall receive a copy of said list at least quarterly. In addition to a seniority list, Unit 156-Captains shall be provided a seniority list in alphabetical order at least quarterly.
Section 23.4 Personal Day Selection
Any dispute within a Unit as to the selection of a personal day provided for in Section 1 1.3 shall be resolved by seniority.
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Section 23.5 Use of Elective Time
Authorized elective time used to extend a furlough shall receive first priority, provided that a written request is submitted prior to the beginning of a furlough.
Authorized requests for other days off shall be in accordance with the following priorities if written notice of the requested day off is given to the appropriate superior no later than ten (I 0) days prior to the requested day off:
Personal days shall receive first priority;
Baby Furlough Days shall receive second priority;
Surplus vacation days shall receive third priority; and
Compensatory time shall receive fourth priority.
Any dispute within a Unit as to the selection of a day off shall first be decided by the priority schedule in this Section. Any dispute within a Unit as to the selection of a day off within the same priority schedule shall be resolved by seniority.
Requests for days off that arc submitted less than ten (10)days from the requested day off may only be authorized after all requests submitted ten (10) or more days prior to the requested clay have been authorized. Requests submitted less than ten (10) days from the requested day off shall not be subject to this priority schedule or seniority.
Section 23.6 Canceled Days Off
When operational considerations require the cancellation of days off within the Bureau of Operational Services, the following procedure will apply:
The Employer will designate the rank, watch, Units and day off groups which will have days off canceled. In those Units which have been designated to provide personnel, seniority will be the dominant factor in the selection of Captains required to work on their regular days off. The Employer shall first seek volunteers on the basis of seniority from among those Captains in said Unit. If there are insufficient volunteers, the Employer shall select Captains on the basis of reverse seniority.
For the purpose of this Section, a Unit may be defined as a Bureau, Division, Area, District, Section, group or watch, etc.
Section 23.7 Holiday Assignment
When operational considerations require that a Captain of a Unit work on a holiday, as defined in Section 11.1, the most senior Captain will be given the option to work, provided that the holiday is the Captain's regular work day and watch.
For the purpose of this Section, a Unit may be defined as a Bureau, Division, Area, District, Section, group orwatch , etc.
Section 23.8 Watch Commander Vacancy
When a District Watch Commander is on furlough, medical or is otherwise approved for an extended absence, the Employer will ensure that in situations which require overtime lo fill the vacancy, the opportunity for overtime will first be offered to Caplain(s) in seniority order within the affected District prior to being offered to a Lieutenant, unless such opportunity results in the additional overtime provided for in Section 20.9.
ARTICLE24
EDUCATIONAL REIMBURSEMENT
The Employer agrees to provide tuition reimbursement to Captains for extra-Department education subject to the following conditions:
To be eligible for rcimbursement-
!. Each course taken musl be jo b-relatcd or necessary for an undergraduate or graduate
degree.
Proof of acceptance for a degree program must be presented upon request.
Each course taken towards a college or university degree must grant college level credit.
Each course must be taken through an accredited college or university.
Captains must file applications for reimbursement on the appropriate forms no later than thirty (30) days after the beginning ofthe course of study.
Reimbursement will be granted on the following basis:
1. Grade ','A" 100%
2. Grade "B" and any other grades classified by the school as passing 75%
I
Reimbursement !may be denied if a Captain's work performance' is deemed inadequate or ifa Captain has a record of sustained infractions of Department orders, directives or procedures.
Reimbursement will not be granted to the extenl-
!. Tuition costs are covered by the U.S. Department of Veteran's Affairs or other funds; or
2. I he program in which the Captain is enrolled is reimbursable through a federal grant-in-aid
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program for which the Captain is eligib le.
Reimbursement will be made for a maximum of two (2) courses per school term.
Reimbursement will be granted when a Captain is required by the Superintendent to attend an educational or training program.
In the event a Captain commences an undergraduate or graduate degree (including a law degree) program after January 1, 1997 and obtains an undergraduate or graduate degree with the assistance of the tuition reimbursement program, and the Captain, within one (I) year of obtaining such degree, voluntarily resigns from the Department, all tuition costs [one hundred percent (100%)] reimbursed to the Captain by the Employer for obtaining such degree shall be repaid to the Employer. If the Captain voluntarily resigns after one (1) year, but less than two (2) years, after obtaining the degree, the Captain shall repay one-half [fifty percent (50%)] of the tuition reimbursement to the Employer. If the Captain does not complete the degree program and voluntarily resigns from the Department, the Captain shall repay one hundred percent (100%) of all tuition reimbursement received for any course comple ted within two (2) years of such resignation .
Captains receiving tuition reimbursement for such degrees shall, as a condition of receiving such reimbursement, execute an appropriate form consistent with this paragraph. This provision shall not apply to reimbursement under Article 24(G), nor shall this provision apply to Captains who resign from the Department for the purpose of accepting employment within another City of Chicago department.
ARTICLE24A
EDUCATIONAL LEA YES
Captains may be excused without loss of pay to attend a conference, a seminar, a workshop or other function of a similar nature that is intended to (A) improve, maintain or upgrade the Captain's certifications, skills and professional ability and (B) benefit the Department. If a request is denied, the Captain will be given a reason, in writing, for the denial.
ARTICLE25 LIFE INSURANCE
The Employer agrees to provide a S75.000.00 life insurance benefit at no cost to each Captain and an AD&D benefit to be increased to $5000.00 effective July I, 2003. Captains must complete a City of Chicago Group Term Life Insurance enrollment form set, including the employee beneficiary section of the form set, in order to qualify for coverage in the Basic Group Term Life Plan. The failure of the Captain to complete the enrollment form set will result in termination of the Captain's Basic Group Term Life Insurance coverage.
I he Employer agrees to provide procedures f or Captains to purchase optional Group Term Life Insurance and Universal Life Insurance in addition to the Basic Group Term Life Insurance coverage provided above at nominal additional cost to Captains. Captains will be permitted to purchase any amount of
1911
optional insurance coverage in $1000.00 multiples up to an amount equal to their annual salaries rounded up to the next multiple of S 1000.00. The optional Group Term Life Insurance shall continue to be provided to Captains at the Employer's then current cost.
ARITCLE25A
PHYSICAL FITNESS PROGRAM
Effective upon ratification, any newly promoted Captain who was required to participate in the physical fitness program set forth in Appendix O as a Lieutenant shall continue to participate in such program. All other Captains may elect lo participate in the physical fitness program and may withdraw from the program at any lime without sanction or discipline.
ARTICLE26
WAGES
Section 26.1 Salary Schedule
Effective July 1, 201 16 and thereafter, Captains shall receive the following percentage increases in their base salaries set forth in Appendix N that became effective on January 1, 2011 6, subject to the provisions of subsection (B).
Effective Date Percenta<;e Increase
July 1.2016 2.00%
January 1, 2017 1.00%
January I. 2018 2.25%
January 1, 2019 2.25%
January I. 2020 2.00%
January 1, 2021 2.00%
January 1, 2022 2.00%
During the term of this Agreement, should the bargaining unit of sworn police officers currently represented by Lodge 7 ofthe F.O.P. or the Battalion Chiefs current ly represented by Local 2 of the I.A.F.F negotiate larger percentage base increases for the period of Julyl, 2017 and June 30, 2022, or lower health care increases in Health Care contributions or salary cap, the Employer shall grant Unit 156-Captains bargaining unit members increases equivalent to those granted to such other bargaining unitfs) over the same time period
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C. During the term of this Agreement, should there be enacted into law legislation pursuant to which Captains covered by this Agreement are required to increase their contributions to the Policemen' s Annuity and Benefit Fund of the Illinois Pension Code (40 ILCS 5/5-101 ctseq.) orany
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successor pension fund in an amount above the amount ofthe current annual contribution of 9% of salary, Unit 15 6-Captains may reopen this Agreement solely on the issue of wages for the purpose of renegotiating the base salary and percentage increases which shall be paid to Captains. Unit 156-Captains shall have thirty (30) days from the date it receives notice that the contributions will increase to notify the Employer, in writing, by certified mail, of its intent to reopen this Agreement. The notice referred to shall be considered to have been given as of the date shown on the postmark. Written notice may be tendered in person, in which case the date of notice shall be the written date of receipt In the event this Agreement is reopened pursuant to this provision, the base salary and percentage increases set forth in this Agreement will not be changed or reduced without the written consent of Unit 156-Captains. The Employer and Unit 156-Captains shall have ninety (90) days to renegotiate the base salaries and percentage increases set forth in this Agreement. In the event the parties are unable to resolve the issue of base salaries and percentage increases during the ninety (90)-day negotiation period, or within any mutually agreed to extension, the dispute shall be submitted to the impasse resolution procedure set forth in Section28.3(B).
Section 26.2 Quarterly Differential
Effective January I, 1999 and subsequent years, the quarterly differential shall be increased by the same percentage increase as the base salary and shall be paid in accordance with Appendix M.
Section 26.3 Work Out of Grade
Any Captain covered by this Agreement who is directed to perform substantially all of the duties and assumes substantially all of the responsibilities of a Commander (D-6) for two (2) or more hours within a single eight- (8 -) hour tour of duly shall be paid at the appropriate D-6 rate for an eight- (8-) hour tour of duty. Any Captain covered by this Agreement who is directed to perioral substantially all of the duties and assumes substantially all of the responsibilities of a Commander (D-6) shall be paid at the appropriate D-6 rate for the first eight (8) ho ins worked. If a Captain is required to work overtime, the Captain will be compensated at the D-5 rale consistent with the provisionsof Section 20.2.
Section 26.4 Payment of Wages
Except for delays caused by payroll changes, data processing or other breakdowns, or other causes outside the Employer's control, the Employer shall continue its practice with regard to the payment of wages, which generally is as follows: (1) payment of wages provided herein shall be due and payable to a Captain no later than the first and sixteenth day of each month; (2) holiday premium pay shall be due and payable to the Captain no later than the twenty-second day ofthe month following Ihe month in which the holiday premium was earned; and (3) other premium pay shall be payable to the Captain no later than the last day of the period following the period in which the premium work was perfoimed. The Employer shall not change pay days except after notice to and, if requested by Unit 156- Captains, negotiating with Unit 156-Captains. " Negotiating" for the purpose ofthis Section shall mean as il is defined in Section 8(d) ofthe National Labor Relations Act.
Notwithstanding (1) above, the day that the payment of wages provided herein is due and payable to
¦16 19IS4S8.1
a Captain will be changed from the first and sixteenth day of each month to die scvendi and twenty-second
day of each month. 'Ihis change in pay day will take approximately six (6) months after die date of
ratification. If die parties cannot agree on a date, the Arbitrator will retain jurisdiction for the purpose of
specifying die due date.
1918488.1
Section 26.S Payment of Time
A Captain covered by this Agreement who resigns or dies shall be entitled to and shall be paid for all unused compensatory time accumulated by said Captain, including furlough time, Baby Furlough Days and personal days. A Captain who is separated for cause shall be entitled to receive only unused compensatory lime accumulated as a result of earned overtime for hours worked in excess of 171 per twenty-eight- (28-) day period.
Section 26.6 Compensatory Time Exchange
A Captain may exchange (cash in) accumulated compensatory time not to exceed two hundred (200) hours each year of this Agreement at the Captain's hourly rate at the time of payment.
Application for such exchange shall be on a form provided by the Employer and at a time each year set by the Employer. In no event shall payment be made any later than March 1 of the year following application.
26.7 GreenSlips
Within sixty (60) days of ratification ofthis Agreement, all Lieutenants advice through direct deposit shall register to receive their notification of pay deposit advice electronically through the Employer's program for that purpose [currently "GreenSlips"] if they have not done so already. Lieutenants will receive their notification of pay and deposit advice electronically through GreenSlips the first pay period after registering for GreenSlips.
ARTICLE 27 RESIDENCY
All Captains covered hy this Agreement shall be actual residents of the City of Chicago.
ARTICLE 28
DURATION, ENFORCEMENT AND DISPUTE RESOLUTION
Section 28.1 Term of Agreement
This Agreement shall be effective from July I, 2012 and shall remain in full force and effect until June 30, 2016. It shall continue in effect from year to year thereafter, unless notice of termination is given, in writing, by certified mail, by either party no earlier than February 1, 2016 and no later than March I, 2016. The notices reflected lo shall be considered to have been given as ofthe dale shown on the postmark. Written notice may be tendered in person, in which case the date of notice shall be the written date of receipt. It is mutually agreed that the Articles and Sections shall constitute the Agreement between the parties f or the period defined in this Section.
Section 28.2 Continuing Effect
1918488.1
Notwithstanding any provision of" this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after any expiration date while negotiations or resolution of impasse procedures are continuing for a new agreement or part thereof between the parties.
Section 28.3 Impasse Resolution, Ratification and Enactment
A. Tf the parties reach a complete agreement as to the items for negotiation at the end of any negotiating period, the following procedure shall apply:
I9184S8 I
The agreement will first be presented to Unit I 56-Captains' membership with the recommendation ofthe Executive Board for ratification .
Within ten (10) days after such ratification by Unit 156-Captains' membership, the agreement will be submitted to the City Council of the City of Chicago with the Superintendent's and the Mayor's recommendation for ratification and concurrent adoption in ordinance form pursuant to the Cily of Chicago's Home Rule authority. The Employer and Unit 1 56-Captains shall cooperate to secure this legislativeapproval.
In the event the City Council should reject the recommended agreement, the parties shall meet again within ten (10) days of the City Council's vote to discuss the reasons for the City Council's rejection and to determine whether any modifications can be made to deal with the problems, but either party may thereafter invoke arbitration in accordance with Section 28.3(B) upon ten (10) days' written notice to the other party. For purposes ofthis Article, rejection by the City Council means affirmative rejection by a three-fifths (3/5) vote of the members ofthe City Council within thirty (30) days of the date the agreement is submitted to it.
13. If a complete agreement is not reached between the parties as to the items for negotiation at the end of any negotiating period, the following procedure shall apply:
In die event diat disputed items cannot be resolved during the negotiation period, all disputed items shall be referred to a three- (3-) person Dispute Resolution Board, one (1) member to be selected by eachof the partiesand the third member to bejointly agreed upon by the parties.
The Board shall be convened and shall be composed of the following three (3) persons: one (1) appointed by the Employer, one (1) appointed by Unit 156-Captains and one (1) impartial member to be mutually selected and agreed upon by the Employer and Unit 156-Captains. If, after a period of five (5) days from the date of the appointment of die two (2) representatives of die parties, die remaining Board member has not been selected or otherwise agreed upon, then either representative may request die American Arbitration Association, or its successor in function, to furnish a list of seven (7) members of said service from which die remaining Board member shall be selected. The American Arbitration Association shall be advised diat die eligibility criteria for names to be placed upon the list shall include die following: membership in die National Academy of Arbitrators; at least five (5) years' experience in labor relations dispute resolutions in eidier the private or public sector; U.S. citizenship; and a commitment by any such individual that, if appointed or selected, said individual agrees to comply with the time limits set forth in subsection (B)(5). Upon mutual written agreement of die Employer and Unit 1 56Captains. the parties' right to appoint any Board members other than the impartial member may be mutually waived.
The list shall be immediately published, and the representative appointed by the Employer shall, widiin five (5) days after publication of said list, eliminate diree (3) names from die list. Within two (2) clays after such elimination, the representative appointed by Unit 156-Captains shall eliminate three (3) names from the list. "Ilie remaining individual, plus the individual appointed by the Employer and the individual appointed by Unit I 56-Captains,shall compose the Board.
4 7 I91S48S.1
The member of tlie Board selected, pursuant to subsection (B)(3), shall act as Chairman . He/she shall be an impartial, competent and reputable individual and shall be administered and subscribe to the constitutional oath or affirmation of office. The Employer and Unit 156-Captains shall each pay one-half of the fees and expenses ofthe impartial member .
The Chairman s hall have the authority to convene and adjourn proceedings , administer oaths, compel testimony and/or the production of documents and employ such clerical or research assistance as in his/her judgment and discretion are deemed warranted. Ele/shc shall convene proceedings on the issues presented to the Board within ten (10) days after his/her appointment and/or selection; the Board shall make its determination within thirty (30) days after it has convened . The time limits set forth herein may be extended only upon written mutual agreement of both the Board member appointed by Unit 156-Captains and the Board member appointed by the Employer.
The Employer and Unit 156-Captains shall attempt to agree upon a written statement of the issue or issues to be presented to the Board. In lieu of, or in addition to, such mutual statement of issues, each party may also present its own list or statement of issues, provided only that any such issue no t mutually agreed upon shall have been an issue previously the subject of negotiations or presentation at negotiations. During the course of proceedings, the Chairman shall have the authority as necessary to maintain decorum and order and may direct (absent mutual agreement) the order of procedure; the rules of evidence or procedure in any court shall not apply or be binding. The actual proceedings shall not be open to the public, and the parties understand and agree that the provisions of 5 ILCS 120/1 et seq. are not applicable. If, in the opinion ofthe impartial member ofthe Board, it would be appropriate to meet with either the Employer or Unit 156-Capta ins for mediation or conciliation functions, the Board may do so, provided only that notice of such meetings shall be communicated to the other party.
The compensation, if any, ofthe representatives appointed by Unit 156- Captain s shall be paid by Unit 1 56-Captains. The compensation ofthe representative appointed by the Employer shall be paid by the Employer.
S. The terms decided upon by the Board shall be included in an agreement to be submitted to the City Council for adoption. The terms ofthis Agreement shall continue to bind both parties hereto during all negotiations and impasse resolution procedures.
9. If the City Council should reject the arbitrated agreement, the parties shall meet again
'within ten (1 0) days ofthe City Council's vole to discuss the reasons for the City Council's rejection and to determine whether any modifications can be made to deal with the problems, but either party may thereafter terminate this Agreement upon ten (10) days' written notice to the other.
1 0. There shall be no implementation of any provisions of a successor agreement without City Council ratification and adoption in ordinance form of the agreement, except, however, that the terms ofthis Agreement shall remain in full force and effect until a successor agreement is adopted in ordinance form or this Agreement is terminated pursuant to subsection (B)(9).
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II. As permitted by 5 ILCS 315/14(p), the impasse resolution procedure set forth herein shall govern in lieu ofthe statutory impasse resolution procedure provided under 5 LLCS 315/14, except that the following portions of said 315/14 shall nevertheless apply: subsections (h), (i), (k) and (m).
ARTICLE 29
BABY FURLOUGH DAYS
Section 29.1 Number of Baby Furlough Days
Upon ratification ofthis Agreement, Captains working an eight (8) hour schedule shall receive twenty-five (25) working days of furlough. Captains working an eight-and-one-half (8.5) schedule shall receive twenty-four (24) working days of furlough. Captains working a ten (10) hour schedule shall receive twenty (20) working days of furlough.
Section 29.2 Carryover of Baby Furlough Days
A Captain's BFDs shall be granted pursuant to and in accordance with the provisions of this Agreement and with the Department's policy of granting elective time off, except, if a Captain elects not to use or is denied use of all his/her BFDs in a calendar year, the Captain may, at the Captain's option, carry over up to four (4) BFDs for use as days off in the next year.
Section 29.3 Compensation for Unused Baby Furlough Days
Any BFD not used in a calendar year shall be paid to the eligible Captain in the following calendar year, except as provided for in Section 29.2. Payment shall be based upon the salary schedule in effect at the time of payment. Payment shall be made by April I for BFDs not used in the preceding calendar year.
ART1CLE29A FURLOUGHS
Section 29A.I Annual Furlough
Furlough shall be granted to Captains for each calendar year of this Agreement. Section 29A.2 Furlough Days
Effective January I , 20 I 2 and thereafter, Captains shall receive 200 hours of furlough (vacation).
Section 29A.3 Furlough Selection
Furlough shall be selected in accordance with this Agreement subject to operational needs, and approved individual furlough days may be taken by the requesting Captain at the discretion of the Department.
Section 29A.4 Furlough Extension
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Consistent with operational needs and Department directives, furlough may be extended by the use of elective time at the request of a Captain with the approval of the Department.
Section 29A.5 Unused Furlough
Except as provided herein, all furlough lime not taken in the calendar year shall be forfeited, unless the Captain was denied vacation by the Employer. If a Captain requests through written notice to the Employer before the first day of the twelfth police period to use remaining furlough days and is denied use of those days by the Employer, the Captain shall be allowed to be paid for up to five (5) unused days at the rate of pay in effect at the time of payment. Payment shall be made by April I for furlough days not used in the preceding calendar year.
ARTICLE30
LEAVES
Section 30.1 Personal Leave
Applications for personal leaves of absence shall be governed by the applicable provisions ofthe City of Chicago Personnel Rules, provided that Unit 156-Captains shall be promptly notified of all personal leaves of absence and extensions thereof taken by Captains covered by this Agreement, and provided that no benefit regarding personal leaves of absence now enjoyed shall be diminished, modified or eliminated, unless otherwise provided for in this Agreement.
Section 30.2 Military Leave
Any Captain who is a member of a reserve force or a national guard ofthe United Slates or of the State of Illinois and who is ordered by appropriate authorities to attend a training program or to perform other duties under the supervision ofthe United States or the State of Illinois shall be granted a paid leave of absence during the period of such activity not to exceed fourteen (14) calendar days in any calendar year in the case of a member of a reserve force and not to exceed fifteen (15) calendar days in the case of a national guard. Captains hired after January 1, 1997 shall deposit their military pay with the City Comptroller for all days compensated by the Employer.
Effective January 1, 2005, Captains who are deployed for military service in excess of fifteen
(15) calendar days in a combat zone (as designated pursuant to the Executive Orders ofthe President of the United States) shall nol be required to reimburse the Employer the amount of military pay they receive. The Employer will continue to make us pension contributions for such Captains.
Section 30.3 Family and Medical Leave Act
A. Captains who have worked 1250 hours in the preceding twelve- (12-) month period shall thereafter be entitled to a Family and Medical Leave Act ("FMLA") leave of twelve (12) work weeks during any twelve (12) months for the following reasons:
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T. For the birth of a Captain's child and to care for the newborn child;
For the placement with the Captain of a child for adoption or foster care;
To care for the Captain's spouse, child or parent with a serious health condition; or
Due to a serious health condition affecting the Captain.
Such leave shall be without pay, unless the Captain elects to use accrued paid leave for which the Captain is eligible. Paid leave shall be concurrent with, and not in addition to, FMLA leave. During any leave taken under this Article, the Captain's health care coverage shall be maintained as if the Captain were working.
Seniority shall accrue during FMLA leave; the Employer shall continue to make its contribution, and the Captain shall continue to make his/her health care contributions.
A. Any Captain desiring to take leave under this Section shall provide reasonable advance notice to the Employer on a form provided by the Employer , which form shall be approved by Unit 1 56-Captains. Reasonable advance notice shall nol be less than ten (10) days; where advance notice cannot be made, the Giptain shall provide notice within forty-eight (48) hours after the Captain s able to do so. Failure to provide the notice provided for in this Section shall not affect the validity of the leave if the Employer had actual notice. Captains shall have the right to return to their regular assignments and locations.
E. Except as specifically provided in this Agreement, the provisions of the FMLA, including the rules and regulations and the policies and procedures of the Employer in effect as ofthe date of this Agreement for FMLA leave, shall be applicable to FMLA leave.
ARTICLE31
UNIT BENEFITS
Section 31.1 Information Exchange
The Department will provide Unit 156-Captains with a copy of all General Orders, Department Special Orders. Department Notices, Bureau of Operational Services Special Orders and Patrol Division Special Orders and all facsimile messages relating to or amending the aforementioned.
The Department's daily compendium of news clippings and press releases prepared by News Affairs will be madeavailable to Unit I 56-Captains through the inter-Department mail service.
The Department will provide Unit 1 56-Captains wilh a copy of a quarterly listing of Unit I 56-Captains indicating the name and current star number, Unii of assignment. Unit of detail, payroll
101X4X8 I
code, seniority and continuous service dates, home address, zip code and telephone number of each listed Captain.
The Department will provide Unit 1 56-Captain s with a copy of a monthly listing of' Captains in Alpha and Unit Sequence.
The Department will provide Unit 1 56-Captains with a copy of all Series A and Series B Personnel Orders.
F. The Department will provide Unit 156-Captains with a copy of the Sworn Separation
Report.
G. The Department will provide Unit 156-Captains with copies of staffing requests for new
Department directives .
Section 31.2 Registration of Firearms
The Employer agrees not to charge or otherwise assess active Captains any registration fees for firearms which are duty-related. While the Captain is on active duty, the Employer further agrees that such firearms need only be registered once.
Section 31.3 Lockers
The Employer will provide each Captain with a Department locker at his/her Unit of assignment or primary work location, subject to the rules and regulations of die Department with respect to such use. Captains shall have a priority in locker assignments over subordinate ranks. The Employer shall provide each Captain assigned as an Executive Officer an appropriate work location and equipment to complete his/her work. This Section may not be grieved beyond Step Two.
Section 31.4 Maintenance of Benefits
The Employer agrees that the following benefits enjoyed by Captains covered by this Agreement will be maintained for the duration of the Agreement and shall not be diminished, modified or eliminated during the term ofthe Agreement, unless otherwise provided for in this Agreement:
Rank credit;
Quarterly differential;
Educational benefits;
Sickness in family lime:
Change of uniforms at District;
Use of Department mailboxes where provided:
52
G. Use of gymnasium facilities during off-duty hours;
I I. Physical examinations;
I. Furloughs and compensatory (baby) furloughs;
J. Manage leave;
K. Utilization of compensatory time earned in partial tour or full tour segments consistent
with operational needs;
L. Life insurance rates, including the cost of optional insurance, and optional disability
insurance;
M. One-half hour lunch period during the tour of duly; and
N. Pension benefits as provided by statute.
Any obligation ofthe Employer to indemnify Captains for punitive damages assessed, adjudged or otherwise levied shall be based upon City of Chicago ordinances and/or state statutes providing for such indemnification.
Section 31.5 Unit Benefits
Any increases during the term of this Agreement relating to any of the following economic matters, including economic matters agreed to with Lodge 7 shall be applicable to Captains covered by this Agreement:
Holidays
Holidays
Compensation
Personal Day|109|Special Compensation lime
5. Holiday Declaration
Bereavement Leave
Death in Family.
Definition ofFamily
Extended Bereavement
Hours and Ovel I ime
Work Week/Work Period
Compensation for Overtime 3. Sixth and Seventh Day
191848R.1
Call Back/Reporting on Regular Day Oi l'
Court Time
Stand-By
Day Off Changes
Accumulation of Compensatory Time
Back-to-Back Shifts
10 Duty Availability
Uniform Allowance Indemnification Educational Reimbursement Life Insurance Optical Coverage Medical Provisions
I. Disability Income and Practices
Wages
Wages
Work Out of Grade
Payment of Wages
Payment of Time
Baby Furlough Days and Furlough Days
Number of BFDs
Carryover of BFDs
Compensation for Unused BFDs
Furlough Days
Personal Leaves
1. Military Leaves
2 Family and Medical Leave Act
Maintenance of Benefits
ART1CLE32
CAPTAIN RANK Section 32.1 Senior Executive Service Captain (SES)
Goal
The Employer does reaffirm that a main goal of the following process is to establish a career path for qualified and motivated supervisory personnel to move through the ranks from Lieutenant to Senior Executive Service Captain (SES) and into the exempt ranks. The rank of Captain (SES) is restored and will be maintained .
Eligibility Criteria
Captains (SES) shall only be drawn from the rank of Lieutenant. In order to be promoted to the rank of Captain (SES). a Lieutenant must (1) have been a Lieutenant for at least two (2) full years, (2) have earned a bachelor's degree and (3) have satisfied the criteria set forth below.
Promotion to Captain (SES)
Eligible Lieutenants who desire to be promoted to Captain (SES) will submit applications for such position on forms developed by the Department. At a minimum, the application will ask the Lieutenant to summarize his/her experience (with emphasis on experience in District Law Enforcement), training and degrees earned; describe his/her qualifications for Captain (SES); and identify his/her immediate superiors while working as a Lieutenant or a Sergeant.
Applications for Captain (SES) will be processed by the parties according to the procedures set forth in the letter dated March 12, 2004, including review by a Screening Board appointed by the Superintendent composed of at least two (2) current Captains who arc members of Unit 1 56-Captains, two (2) District Commanders and two (2) Deputy Chiefs of Patrol.
Upon selection from the list recommended by the Screening Board lo the Superintendent, the Lieutenant will be promoted to the rank of Captain (SES).
Removal
A District Commander may. with Ihe approval of the appropriate Deputy Chief of Patrol, remove a Captain (SES) during the first six (6) months that Captain holds the position for such reason(s) as the District Commander deems appropriate, subject to die written approval of the Superintendent, following Command Channel Review.
After a period of six (6) months, a Captain (SES) may only be removed in accordance with the foi low-ing process'
1918488.1
1. The Captain (SKS) must be advised in writing specifically by the District Commander (or
other appropriate exempt officers in the chain of command) of the rcason('s) that warrant(s) removal.
The District Commander (or other appropriate exempt officer) must provide the Captain (SKS) with an opportunity to respond lo those reason(s) in writing.
The District Commander's (or other appropriate exempt officer's) ieason(s) and the Captain's (SES) responses must be submitted in writing to a Review Board appointed by the Superintendent. The Review Board shall be composed of nine (9) persons consisting of seven (7) exempt personnel appointed by the Superintendent and two (2) Captains recommended by Unit 156-Captains.
The Captain (SES) must be afforded an opportunity to appear before the Review Board to respond to the reason(s) for removal. Hie District Commander (or oilier appropriate exempt officer) may also be required to appear before the Review Board-to respond to questions that may be put by the Review Board.
The Review Board shall make a written recommendation to the Superintendent. The recommendation will be forwarded to the Superintendent who must within sixty (60) days (a) approve the recommendation, (b) reject the recommendation or (c) modify the recommendation. Written copies of the Review Board's recommendations and (he Superintendent's decision will then be given to the affected Captain (SES) and the District Commander (or other appropriate exempt member).
E. Consequences of Removal
A Captain (SES) who is removed pursuant lo subsection (D) may be returned to his/her peimanent career service rank of Lieutenant and assigned to a position customarily held by a Lieutenant. At the sole discretion of the Superintendent, the Captain (SES) may be reassigned to.another Executive Officer and/or Field Inspector positions.
The parties agree that the removal and reassignment process outlined in this Section is administrative in nature, is not punitive and is not part of a disciplinary process. Nolhing herein, including, but not limited to, the processes outlined in this Section, shall affect the Department's right to initiate and impose discipline against such Captain in accordance with Department niles and regulations, including the rules and procedures ofthe Police Board.
The parties further acknowledge the Superintendent's authority to remove a Captain (SES), provided that such Captain's salary or economic benefits are not affected prior to the removal process being completed.
F. Captain (SES) Rank- Assignments to Acting District Commander
56
No other officer shall be assigned or permitted to fill the position of Acting District Commander when a Captain (SES) is assigned to the District and is available.
Section 32.2 Return to Captain Rank
A Captain who is promoted to an exempt position and who is later removed from an exempt position shall have the right to return to the Captain rank and shall be assigned to a vacant position customarily held by a Captain. If no such position is available, the Captain shall be assigned to a vacant position at the discretion ofthe Employer with equivalent compensation and benefits. During the first six (6) months of the assignment, the Captain may be removed from the position in accordance with die first paragraph of Section 32.1(D), provided that prior to removal the Captain is advised in writing of the reasons for removal and permitted an opportunity to respond in writing to such reasons. A Iter the first six (6) months of the assignment, the Captain's continued service in the position shall be governed by the second and succeeding paragraphs of Section 32.1(D) in addition to Section 32. 1(E).
ARTICLE33
COMPLETE AGREEMENT
The parties acknowledge that, during the negotiations which preceded ill is Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining. The understandings and agreements arrived al by die parties after the exercise of that right and opportunity are set fordi in ill is Agreement. Except as may be stated in this Agreement, each party voluntarily and unqualifiedly waives die right and each agrees diat die oilier shall not be obligated to bargain collectively vvitli respect to any subject or matter referred to or covered in this Agreement or wilh respect to any subject or matter not specifically referred to or covered in ill is Agreement, even diougli such subjects or matters may not have been within die knowledge or contemplation of eidier or both of the parties at die time they negotiated and signed this Agreement.
1 01 S4SS. I
ARTICLE34
SAVINGS CLAUSE
If any provisions of (his Agreement or any application thereof should be rendered or declared unlawful, invalid or unenforceable -by virtue of any judicial action, or by any existing or subsequently enacted federal or stale legislation or by Executive Order or the order ofany other competent authority, the remaining provisions ofthis Agreement shall remain in full force and effect. In such event, upon the request of either party, the parties shall meet promptly and negotiate with respect to substitute provisions for those provisions rendered or declared unlawful, invalid or unenforceable.
In witness whereof, the parties hereto aflix their signatures this \ j"! day of .2020.
For the City of Chicago For the Policemen's Protective Association of Illinois
Lori Lightfoot Mayor
David Brown Superintendent of Police
I
191SJSX 1
APPENDIX A CAPTAINS
CONFIDENTIAL POSITIONS:
Within the Management and Labor Affairs Section, one (I) Captain position; within the Research & Development Division, one (I) Captain position; within the executive staff of the Deputy Superintendent ofthe Bureau of Patrol, one (1) Captain position.
MANAGERIAL POSITIONS:
Within Special Functions Group, one (1) Captain position; within the Identification Section, one (1) Captain position.
1918488.1
APPENDIX B NOTICE TO SUPERVISORS REGARDING PROGRESSIVE DISCIPLINE
Supervisors, including Commanders , retain the flexibility, authority and discretion where circumstances warrant to issue reprimands to offending officers for infractions. Second or even repeated infractions of minor rules may, but do not always, require increased punishment (particularly including a loss of time or income) when a reprimand will suffice to achieve the goal of correcting improper behavior.
There is some belief that a progressive system of discipline requires enhanced penalties no matter how insignificant the infraction. This is not correct.
You arc permitted and urged to use your judgment in determining the appropriate level of d isci pline. Officers in this Department are a valuable resource which should not be wasted or unduly restricted.
Superintendent of Police Chicago Police Department
Acknowledged:
President Unit 156-Captains
19I848K I
APPEND IXC EXPEDITED ARBITRATION RULES
All just cause discipline cases brought under Article 8 of the Agreement which challenge disciplinary action involving a thirty- (30-) day suspension or less and/or grievances alleging violations of the seniority provisions in Article 20 or 23 or any other mutually agreed upon Article will be heard under this expedited procedure, unless designated by either party for a hearing under the full arbitration hearing procedure.
Whenever discipline cases are processed pursuant to these Expedited Arbitration Rules, the parties shall initially submit the cases to a Summary Opinion Process, and the Arbitrator designated by the parties for the process shall issue a Summary Opinion for each case submitted. The Summary Opinion shall not be binding on the Department, Unit 156Captains or the Captains involved.
Cases subject to the expedited procedure will be heard in as close to chronological order as possible, according to the date filed. Exceptions will be made only in order to facilitate the use of non-employee witnesses.
;3. Cases currently scheduled for arbitration may be subject to this expedited procedure, subject to agreement ofthe parties.
Five (5) or six (6) Arbitrators constituting an expedited panel will be selected from the existing, panel. The expedited panel will be reviewed every six (6) months, at which time substitutions may be made. In making substitutions, an Aibitrator may be removed at the request of either party, but any substitute must be agreed upon.
In scheduling hearings, the Aibitrator on the panel will be required to schedule a block of two (2) or three (3) consecutive hearing days. The parties will attempt to rotate the scheduling equitably among all Arbitratorson the expedited panel, subject to their availability.
The parties will attempt ro schedule at least two (2) hearings per day before the Arbitrator. Any case not completed at the end of the particular block of hearing days will be the first ease heard by the same Arbitratoron his/her next scheduled date.
Arbitrators will receive all grievance documents and relevant documents from the Complaint Register file at least one (I) week prior to the hearing at the discretion of the.Arbilrator.
Arbitrators will be pennittcd to issue subpoenas in accordance with applicable law. Subpoenas shall not be used for purposes of delay.
1918488.1
The expenses of" witnesses for either side shall be paid bylheparty producing such witnesses. Hearings will be scheduled alternately at Employer and Unit 156-Captains designated locations.
Each party will represent itself at the hearing and may designate any representative who is not an attorney.
The hearings shall be informal. The Arbitrator shall assist the parties in ensuring that there is a complete record.
The Arbitrator may require witnesses to testify under oath. There shall be no stenographic record ofthe proceedings.
The rules of evidence normally followed in arbitration proceedings shall apply. The Arbitrator shall be the sole judge ofthe relevance and materiality ofthe evidence offered.
The parties will nol file post-hearing briefs. The parties may argue orally on the record and may present relevant authorities to the Arbitrator at the hearing , except that any decisions rendered in the expedited proceedings under these rules may not be cited to the Arbitrator.
The Arbitrator will issue a short written decision no later than sixty (60) days after the completion of the last day of any scheduled block of hearings. His/her decision shall be based upon the record developed by the parties before and at the hearing, shall include a brief" written explanation of the basis for his/her conclusion and shall include reference to the evidence considered and the role that evidence played in reaching his/her decision.
I91S48S.I
APPENDIXD
DENTAL PLAN
The Employer shall make dental coverage available to Captains covered under this Agreement and their eligible dependents. The cost of this coverage will be borne by the Employer, subject to applicable Captain co-insurance, deductibles and co-payments. Captains will have the option to choose between the Indemnity Plan or the PPO Plan. Under the Indemnity Plan, a participant can use the dentist of his/her choice for services. The PPO Plan requires a member to select a participating network dentist. All family members must use the same PPO dentist for their dental services. Orthodontia is available only in the PPO Plan. A list of current PPO dentists is available at the Benefits Management Office.
1018488 1
APPENDIX E NETWORK CHANGES
No change, modification or alteration in the composition of the hospital network in effect at the time this Agreement is executed shall be made, except in compliance with the following:
Unit 156-Captains s hall be notified in writing of the intent to change at least ninety (90) days prior to (lie proposed change where circumstances are within the Employer's control. In all other cases, the Employer will provide the maximum notice as is practicable underthecircumstances.
The notice referred to shall, at the time the notice is given, provide sufficient infonnation to explain the contemplated action and shall include, at a minimum, but shall not be limited to, the following:
The affected institutions.
The precise reasons the action is being contemplated.
The number of covered participants (employees and/or dependents) receiving in-patient service from suchaffected facility at the time the notice is given.
The number of covered participants (employees and/or dependents) receiving in-patient service from such affected facility during the preceding twelve (12) months.
3. The Employer shall meet within seven (7) calendar days of a request from Unit 156Captains to
discuss the proposed change, shall provide all additional relevant infonnation which is reasonably
available and shall be responsible for such notices to participants as may be reasonably demanded by Unit
1 56-Captains. In the event the parties are unable to resolve a dispute within seven (7) calendar days of
the first meeting or such oilier time as may be mutually agreed upon, the dispute shall be submitted to
arbitration pursuant to Section 9A. 2, Step Three, within ten (10) days, and both parties shall cooperate to
expedite the proceedings.
No change, modification or alteration coveted by this Appendix shall be made or permitted for arbitrary or discriminatory reasons nor shall any change, modification or alteration result in the unavailability of qualify health care services in a specific geographic area.
1918488 I
APPEiNDIXF
1.N-NETWORK/OUT-OF-NETWORK CARE
In-network co-insurance benefits shall be paid to eligible participants for the following out of-network care or services:
[. Emergencies defined as the sudden and unexpected onset of a medical condition with
such severe symptoms that the absence of immediate medical attention could result in serious and permanent medical consequences.
2. Care ordered by a physician which, after review by the utilization review vendor, is as follows:
Medically necessary; and
Only available at an out-of-network hospital, or the proposed treatment is performed so infrequently in the network that direction to an out-of-network hospital is medically appropriate; or
Available at a network hospital to which the patient cannot be safely transported (only until such time as the patient can be safely transferred to the network facility, arrangements for which should be initiated once the treatment plan has begun), provided the cost of the transfer shall be paid by the plan; or
Care rendered beyond a fifty- (50-) mile radius (from any network hospital) where a participant is domiciled or stationed.
This information is also contained in the Employee Benefit Handbook.
191S48S 1
APPENDIXG
HEALTH CARE CONTRIBUTIONS FOR ACTIVE CAPTAINS
Effective January 1, 2017, active Captains covered by this Agreement will contribute the following percentages of their base salaries from the appropriate salary schedule in Appendix N towards the cost of their health care:
Single Coverage: 2.7921% Employee+I: 3.4854% Family Coverage: 3.9765% For example, contributions at selected salary levels per pay period will be as follows:
SINGLE EJV1PLOYEE+! FAMILY
ANNUAL SALARY 2.7921% 3.4854% 3.9765%
$15,000.00 $16.11 $20.11 $22.94
$20,000.00 $21.48 $26.81 $30.59
$30,000.00 $32.22 $40.22 $45.88
$40,000.00 $42.96 $53.62 $61.18
$50,000.00 $53.69 $67.03 $76.47
$60,000.00 $64.43 $80.43 $91.77
$70,000.00 $75.17 $93.84 $107.06
$80,000.00 $85.91 $107.24 $122.35
$90,000.00+ $96.65 $120.65 $137.65
191S4SS.1
APPENDIXH PRESCRIPTION DRUGS
The following are the co-payments and effective dates for the lesser of a thirty- (30-) day supply or one hundred ( 1 00) units of the following prescription drugs :
TYPE
Generic Tier 1
Ticr2
Tier 3
Brand with Generic Equivalent
Effective January 1, 2003
$ I 0.00
$20.00
$10.00
$35.00
Effective July 1,2006 SI0.00 Formulary $30.00 Non-Formulary $45.00
Generic Co-Payment plus Cost Difference between Brand and Generic
Effective July 1, 2006, co-payments for prescriptions obtained through the mail order plan for all health care plans are as follows:
Generic Tier I: S20.00 [per prescription with a ninety- (90-) day supply]
Brand Formulary Tier 2: $60.00
Brand Non-Formulary Tier 3: Not Available
Brand with Generic Equivalent: Generic Co-Payment Plus Cost Difference Between Brand and Generic
191S48S I
APPENDIX I
CHEMICAL DEPENDENCY AND MENIAL HEALTH
CO-INSURANCE AND LIMITS
Courses of treatment for in-patient chemical dependency and mental health shall include the continuum of care used to treat a particular diagnosis. A new course of treatment will be considered when there is a thirty- (30-) day or longer period of time with no treatment or clinical supervision provided.
PPO In-Paticnt Care Co-Insurance: Employer Employee
ln-Network 90% 10%
Oul-Palieni Care: 60% 40%
PPO Out-Patient Care:
80% of $100.00 Maximum Covered Expenses Per Session
Limit of 7 Sessions Covered If Treatment Is Not Certified
Maximum Covered Expenses Per Year: $5000.00 HMO Co-Payments for Mental Health or Substance Abuse Care:
Effective January 1,2006: $15.00 Co-Payment
Effective January L 2007: S20.00 Co-Payment HMO Service Limitations:
In-Patient Care: Maximum of 30 Days Per Year
Out-Patient Care: Maximum of 30 Visits Per Year
It is understood that the first iii-nelwork treatment remains subject to the out-of-pocket maximum. All chemical dependency and mental health treatment, including out-patient, may be subject to utilization review and is subject to the following maximums: $37,500.00 annual individual/S25(),()00.00 individual liletime/'$500,000.00 family. The maximum lifetime benefit provisions ofthe plan still shall apply.
All chemical dependency and mental health treatment is subject to review by the utilization review vendor. Additionally, to be considered under the chemical dependency and mental health benefit structure, a claim for benefits musl include a primary DSM-III-R (Diagnostic and Statistical Manual of Mental Disorders-Third Edition-Revised) diagnosis (or a diagnosis under a subsequent revision).
101X4X8.1
APPENDIXJ
HIGH RISK PREGNANCY SCREENING PROGRAM
In order to reduce the risk of a premature birth and the attendant health risks to the mother and child and to avoid the costs associated with the same, the Employer offers a high risk pregnancy screening program. The program is part ofthe medical advisor program.
Under the program, a pregnant employee, spouse or dependent is encouraged to notify the medical advisor during the first trimester of pregnancy. During the telephone interview, the nurse reviewers will collect information on the health status of the prospective mother and her medical history and conduct a health risk assessment to determine if she meets the criteria for a high risk pregnancy.
If the prospective mother does not meet the criteria, the medical advisor will offer educational materials on pregnancy and advise her that a medical advisor will be following up wilh a call in her second trimester of pregnancy. Further, the medical advisor will advise her that a medical advisor is available if she has any questions about her pregnancy. Subsequent follow-up will depend on the course of the pregnancy. As delivery approaches, the medical advisor will advise her about expected lengths of stay postpartum.
If the prospective mother meets the criteria for a high risk pregnancy, the medical advisor will contact her physician to discuss the risk factors and identify what steps, if any, are appropriate to reduce the risk of early delivery. A designee of the medical advisor will follow the ease as appropriate. If home health or other services available under the plan are necessary, the medical advisor will approve the care plan and negotiate discounts for approved services. A designee of the medical advisor will be available as a resource to both the prospective mother and her physician.
I9IX48X 1
APPENDIX K
PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS
A Captain who has been certified as injured on duty shall be provided the current Medical Services Section referral list of available physicians who arc members in good standing ofthe Workers' Choice Network or its successor and who are qualified lo render appropriate medical care for the injury claimed in accordance with the parties' letter of understanding executed on July 29, 2009 and captioned " Med ic al Services Section Physician Referral List " The Captain will select a physician from the list provided by the Medical Services Section for evaluation and/or treatment. The Medical Services Section will refer the Captain to the physician selected by the Captain.
A Captain may only claim a recun ence of a certified injury on duty if that injury on duty occuired less than ten (10) years from the date ofthe recurrence claim, unless the Captain's injury on duty required surgery or medical treatment beyond any initial emergency room treatment for the injury on duty. A Captain who is able to claim a recurrence of an injury on duty under Appendix K will have his/her claim evaluated by the Medical Services Section. If the Medical Services Section finds the condition complained of is not a recurrence of an injury on duty, the Medical Services Section will provide the Captain with the current Medical Services Section referral list described above. The Captain will select a physician from the list provided by the Medical Services Section. The Medical Services Section will refer the Captain to the physician selecte d by the Captain for a relatedness opinion.
Should the Captain or the Medical Services Section not agree with the medical finding of the referral physician, cither party may seek another opinion. The Captain will select another physician from the current Medical Services Section referral list of physicians described above. The Medical Services Section will refer the Captain to the physician selected by the Captain. Should that physician's opinion agree with the finding of the first referral physician, it will be binding on both the Captain and the Employer. Should that medical opinion disagree with the first opinion, the parties may accept the second opinion or seek a third opinion. The process for obtaining a third opinion shall follow the same procedure for the selection ofthe second opinion. The finding of the third physician agreeing with either ofthe previous opinions shall be binding on both the Captain and the Employer.
1918-188.1
APPENDIX L
SUBROGATION LANGUAGE FOR CITY OF CHICAGO
In the event the plan (the " Plan") provides benefits for injury, illness, medical care or other loss (the "Injury") to any person, the Plan is subrogated to all present and future rights of recovery that person, his/her parents, heirs, guardians, executors or other representatives (individually and collectively called the "Participant") may have arising out ofthe Injury. The Plan' s subrogation rights include , without limitation, all rights of recovery a Participant has (1) against any person, insurance company or other entity that is in any way responsible for providing or does provide damages, compensation, indemnification or benefits for the Injury; (2) under any law or policy of insurance or accident benefit plan providing No Fault, Personal Injury Protection or financial responsibility insurance; (3) under uninsured or underinsured motorist insurance; (4) under motor vehicle medical reimbursement insurance; and (5) under specific risk or group accident and health coverage or insurance, including, without limitation, premises or homeowners medical reimbursement, athletic team, school or worker's compensation coverages or insurance.
Upon notice of an Injury claim, the Plan may assert a subrogation lien to the extent it has provided, or may be required to provide. Injury-related benefits. Notice of either the Plan's right of subrogation or the Plan's subrogation lien is sufficient to establish the Plan's rights of subrogation and entitlement to reimbursement from insurers, third parties or other persons or entities against which a Participant may have an Injury-related right of recovery. The Plan shall be entitled to intervene in or institute legal action when necessary to protect its subrogation or reimbursement rights.
The Participant and anyone acting on his/her behalf shall promptly provide the Plan or its authorized agents with information it deems appropriate to protect its right of subrogation and shall do nothing to prejudice that right and shall cooperate fully with the Plan in the enforcement of its subrogation rights. Reasonable attorney's fees and costs of the Participant's attorney shall be paid first from any recovery by or on behalf of a Participant and the amount ofthe Plan's subrogation claim shall be paid next from such recovery. Neither a Participant nor his/her attorney or other representative is authorized to accept subrogation or other Injury-related reimbursement payments on behalf ofthe Plan, to negotiate or compromise the Plan's subrogation claim or to release any right of recovery prior to the payment of the Plan's subrogation claim.
The Participant and all other parties to a recovery are required to contact the Plan to determine and arrange to pay the Plan's subrogation claim at or prior to the time an Injury-related payment or settlement is made to or for the benefit of the Participant If the Participant obtains a payment or settlement from a party without the Plan's knowledge and agreement, the Plan shall be entitled to immediate reimbursement of its total subrogation claim from the Participant or any party providing any Injury-related payment. In the alternative, the Plan, in its sole discretion, may deny payment of benefits to or on behalf of the Participant for any otherwise covered claim incurred by the Participant until the amount ofthe unpaid coverage is equal to and offset by the unrecovcrcd amount ofthe Plan's subrogation claim.
1918488.1
The Plan Administrator or its authorized agents are vested with full and final discretionary authority to construe subrogation and other Plan terms and to reduce or compromise the amount of the Plan's recoverable interest where, in the sole discretion ofthe Plan Administrator or its authorized agents, circumstances warrant such action. Ihe Plan shall not be responsible for any litigation-related expenses or attorney fees incurred by or on behalf of a Participant in connection with an Injury claim, un les s the Plan shall have specifically agreed, in writing, to pay such expenses or fees.
The payment of benefits to or on behalf ofthe Participant is contingent on both the Participant's full compliance with the Plan's provisions, including the subrogation provision, and when the Plan deems appropriate, the Participant's signing of a reimbursement agreement. However, the Participant's failure to sign this reimbursement agreement will not affect the Plan's subrogation rights or its right to assert a lien against any source of possible recovery and to collect the amount of its subrogation claim.
I9184SS 1
APPENDIXM
QUARTERLY DIFFERENTIAL FOR CAPTAINS (D-5)
QUARTERLY DIFFERENTIAL FOR Captains (E-4)
•.ffecttvl' Dnu- :\.ik\j: STE" ! stf.p : STEP3 Sill' 4 STEPS STFf 1 snrs S'rll'9 "W !0
r":i>: 12 Months Aftl"r.2 Months A!k.t IS Months After 30 Months Af'rei42 Months A';-!' it Months A" c "0 Years After 15 ArtetZO Alter 2S
" : 201? i 2 00 '41 Dally S 0.7.3 S 12 03 S 12 SS S 13.02 $ 13 70 S ! -1 -16 .8 17.01 S I" 79 S 22 3-: .S 28 30
Monthly S 291-90 $ 360.110 S 38S.4S S 300 SI S 4 11 02 S 43i "5 S 510 IS $ 59371 S o.-S 12 S 84,8.92
rlerly S S7S.69 S I.0S2 39 IS 1.156 34 SI.17IS4 $1,233.05 81.295 86 S 1,53 ! 06 SI 78 1,i 2 52,055 3 5 S 2,546.75
.Annuan,, 5til 76 S 4,3 29.56 84.6 25.36 Ji4.rtSh.16 S4;932.2<> S5.1K3 44 S 6.124.24 57.i 24 .18 221 40 810,187.00
!¦1/21U 3 (2.00%) D&Uv S lJ 92 S 12.27 S I. :U S 13 28 $ l * ')7 S 14 S ' -> S 20 19 S 23 29 S 28.86
Monthly $ 297 7.1 S 56S01 S 393 I ft $ 398 32 8 419 :•' „\ ^ ;,0 j, 520 50 S 665 58 S 698 8? S 865 90
Quarts :iy S sy>20 $ l. 1 !¦¦: 01 Si.179-17 Si. 194.97 $1,257 7! SI,321 ~8 S 1,561 68 S 1.3 1 6 74 s:,o%,)6 .8 2V>7 69
Acruany 83.572 82 S 4.4I6.1S 84.717 87 $4,779 88 45.031.' S-". 55,287 i; 56.246 72 87,260 17 88.385 83 810,390.74
1/1.-20 1.4 li (IU"'iJ Dally. S 10 12 S 12.SI $ I 3 37 5 13.S4 S ' l $ 14 OS 5 i ~: 7o if 70 5V S 23,76 if 29.44
Monllilv S 103 69 S 375 ?7 S -40 I 02 S 406 29 S 427.62 S "49.40 $ 530 97 5 o 1 7 69 $ 712 80 S 883 21
Quartertv S 911 ()? S 1.128.12 S 1.203 06 $1,218 87 5/ l&Vt Si,348 2. i!,593 9! SI.853.(18 S2J 33 39 $ 2.649.64
Annulllv $ 3.644.27 S 4.504.47 $4,812.22 S 4.87S.4H S5I31.46 ss.:m.ss 86.371 66 87.4 17.31 SX.SS3.54 SI0.598 55
1/1/2015 .|00%! Dally S 10 22 S 12.64 S 13.SO S 1 3 68 S 14 40 S '.5.'3 S 1 7 88 5 20 80 8 24.00 S 29 73
Monthly S 306.73 5> O.S, 1 J 'i 405 03 S mi 33 * 43 1 90 8 45190 ;> .-!.«> 28 J> 023.8/ S ' I'-'4 h N-J2 05
Quartc-.lv $ 920 18 S 1,137.38 S1.21509 11.23106 $1,295.69 .81.161.69 S 1.608 84 S 1,871 M SI.JS9 7? 5 2,616.1.4
Annually S3/.S0 71 44.1360.15 V1.924 24 $5,1X2 7X 85,-146 7S ; :• . 7.486 13 88.639 08 $10,704.54
1/tnOU 1 1 - Cully S 10.3.3 S 12.76 S B 64 S 13.82 S 14.S4 S 15 2S S 18 05 S 21.00 S 24.24 S 30 05
Mon.hly $ .509 79 S .M2.!n S 409 08 S 411.6 $ 436.22 S 4*8 44 S 541 e-1 S 1.50.1! S 727 ;2 S 900 97
Qll-rterly $ 029.3S s : us "i> SI.127 .24 $1.24 . 37 J1.30&6S Si,37= • ; >;,'>>4 9 .< S1.N90.32 S2.UU 37 5 2,702 90
An"i,;,!K Si',7 ] ~ 52 S '.59&.01 S4.90S 9S 84.973 4jj 15.234 60 S5.501 25 5 6.49I.J 73 8 7.561 30 S8725 «: siO all!1)
1918488 I
Quarterly Differential for Captain on Step 11 Prior to January 1. 2006
Ste 3 11 »3iodJ1. :o .'5 C';i,ri inor St;:p II pi km 10 Janu a 1 y 1.21'"'.''• s'lali howcv;:-. j)i*:i 11ue to it c-t i ¦.; I i-.-roll o-.vi rig qL3 r: er ly riir'eirr-t "I
E:tl C. Wt Data Pttynlf'nl SI'! " 11
(Prior lo 1/1/2006)
7/1 ''IO! 2 U',!»i'K.i DOIv $ 34 03
Vlo.i:hh S ! i:-is M
Quarterly S 3,144 04
Annually S I 2.5 76 I 6
1/1/20:3 (2.009') Daily S
Monthly !.!)(.» ¦' ¦'
Quarterly S 1.206') 2
Annua !!y % 12.S27 6S
1/1/201' (2 00"/r.) oanv S 36 3S
MonUIfy S I
Quarterly S 3,271.06
An 1u a Hv- S UOSi 2 4
l/lPOl i iL 00-) Cai ly S 36 71
Monthly S I.10I2 6
Qu an oriv S 3.305 77
Annually $ 13,215 0.8
1/1/2016 U l O&llv S y o
N'loiiiln y S 1H227
Quarterly S 3,336.Si
Annually S 13.347.23
19I848X.1
APPEND IXN SALARY SCHEDULE FOR CAPTAINS (D-5
I9IN48X 1
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M '.C RED CIRCLE RATE STEP 11 30 VRS SVC BEFORE 1/1/2006 142,308 11,018.50 .66- RED CIRCLE RATE STEP 11 30 VRS SVC BEFORE 1/1/2006 145.512 12,126.00
MAXIMlj M RATE STEP 10 AFTER 25 YRS OF SERVICE 140,280 11,859.00 - cs' vs; P w is; X OS STEP 10 AFTER 25 YRS OF SERVICE 143.436 11,953.00
STEP 9 X v\ u. w U]S!CU < c-i OS c/3 . 136,890 11.690.00 STEP 9 AFTER 20 YRS OF SERVICE cc SO OS OS ro \ 11,664.00
,';-¦:< j' STEP 8 AFTER 15 YRS OF SERVICE 133,188 11,407.50 STEP 8 AFTER 15 YRS OF SERVICE 136,182 1 1,348.50
STEP 7 AFTER 10 YRS OF SERVICE 129,534 11,099.00 STEP 7 AFTER 10 YRS OF SERVICE 132,450 11,037.50
STEP 6 AFTER 54 MONTHS 125.928 10,794.50 STEP 6 AFTER 54 MONTHS 128,760 10,730.00
*. • * STEP 5 AFTER 42 MONTHS 120,018 10,494.00 - ¦-;.'! STEP 5 AFTER 42 MONTHS 122,718 10,226.50
STEP 4 AFTER 30 MONTHS 114,372 10,001.50 .¦'^I'rt.1! ' STEP 4 AFTER 30 MONTHS 116,946 9,745.50
STEP 3 AFTER 18 MONTHS 108,846 9,070.50 STEP 3 AFTER 18 MONTHS 111,294 9,274.50
.\«*: ') ' STEP 2 AFTER 12 MONTHS 103,710 8,642.50 STEP 2 AFTER 12 MONTHS 106.044 8,837.00
OX-- Q ac u ENTRANCE RATE STEP 1 FIRST 12 MONTHS sC ro r- oc Os 8,228.01) ENTRANCE RATE STEP 1 FIRST 12 MONTHS 100,956 8,413.00
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:o;-; RED CIRCLE RATE STEP 11 30 YRS SVC BEFORE 1/1/2006 154.800 12.900.00 .©.-. . . ir. RED CIRCLE RATE STEP 11 30 YRS SVC BEFORE 1/1/2006 157.896 13,159.00
MAXIM U M RATE STEP 10 AFTER 25 YRS OF SERVICE 152.598 12,716.50 •w ¦ iri: '¦M'-:: % - STEP 10 qj eg b. ui U £ o U f— r u, i/i < r-< - Ul C/3 155,652 12,971.00
STEP 9 AFTER 20 YRS OF SERVICE 148,902 12.408.50 STEP 9 AFTER 20 YRS OF SERVICE 151.878 12,656.50
STEP 8 AFTER 15 YRS OF SERVICE 144,870 12,072.50 STEP 8 AFTER 15 YRS OF SERVICE 147.768 12.314.00
'';' STEP 7 AFTER 10 YRS OF SERVICE 140,898 11,741.50 STEP 7 AFTER 10 YRS OF SERVICE 143,718 11,976.50
STEP 6 AFTER 54 MONTHS 136.980 11,415.00 STEP 6 AFTER 54 MONTHS 139,722 11,643.50
STEP 5 AFTER 42 MONTHS 130,548 10,879.00 STEP 5 AFTER 42 MONTHS 133,158 11,096.50
STEP 4 AFTER 30 MONTHS 124,416 10,368.00 STEP 4 AFTER 30 MONTHS 126,762 10,575.50
STEP 3 AFTER 18 MONTHS C-1 Os rn 00 9.866.00 STEP 3 AFTER 18 MONTHS 120,762 10,063.50
STEP 2 AFTER 12 MONTHS 112,812 9.401.00 '•v'-:'.- ". STEP 2 AFTER 12 MONTHS 115,068 9,589.00
ENTRANCE RATE STEP 1 FIRST 12 MONTHS 107.400 8,950.00 Ul U Z hi .<¦ rs > ? d if. STEP 1 FIRST 12 MONTHS oc TT m 9,129.00 |
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Appendix O
Within seven calendar days of an investigative agency head signing an affidavit as lo an anonymous complaint pursuant to Article 6, Section 6.10, said agency head shall notify the Unit designated representative of the member to which the member belongs that such an affidavit has been signed and by whom and in doing so shall indicate the specifics upon which the affidavit was based, including arrest and case reports, medical reports, statements of witnesses, video or audio tapes and photographs, among other evidence, that were considered and the opportunity to view said specifics within said seven calendar days. Within seven calendar days after receipt of said notice and material, the Union may by a grievance challenge the signing ofthe affidavit on the grounds that it was not signed in good faith, based upon objective evidence, namely, arrest and case reports, medical reports, statements of witnesses, video or audio tapes and photographs and other similar evidence. If a grievance is filed within said seven calendar days, then the parlies shall select an arbitrator from a list of four arbitrators that the parties have mutually agreed to who can hear said grievances within 14 days from the date the grievance was filed. The selection ofthe arbitrators shall be by rotation, beginning alphabetical, and will depend on the availability ofthe arbitrator, with the final selection being whether the arbitrator is available within said 14 days. The hearing shall be held within said 14 days. There will be no pre-hcaring or post-hearing briefs.
The arbitrator will issue a bench decision based on whether there was a good faith effort to secure the affidavit and was based on objective evidence ofthe type outlined above. The arbitrator's decision shall be final and binding on the parties. If the arbitrator concludes that the override affidavit was not made in good faith and based on objective evidence, the investigation will cease and no CR will be issued. If the arbitrator concludes that the override affidavit was signed in good faith, the CR may issue and the investigation may continue. If a grievance is not filed within the designated seven calendar days, aCR will issue and the investigation continued. Pursuant to Section 9.8 of the CBAs, the losing party shall be responsible for the arbitrator's fees and expenses. At any time, either party can elect to remove an arbitrator from the panel. In such case, the removed arbitrator, by mutual agreement will be replaced by the parties.
If the parties cannot agree on a list of four arbitrators or a replacement arbitrator, then they shall seek the services ofthe American Arbitration Association or the Federal Mediation and Conciliation Service to provide them with a list of arbitrators from which they can select their members. The failure to file a grievance within said 10 calendar days will mean that there is no jurisdiction to challenge the affidavit prior to the issuance of a CR number. This procedure only applies to override affidavits involving anonymous complaints.
APPENDIX P
The following procedures shall apply to arbitrations of grievances challenging suspensions of thirty-one (31) to three hundred sixty-five (365) days.
The Union and the Employer have agreed to a panel of five (5) Arbitrators who shall comprise the exclusive list of Arbitrators to preside over the suspension grievances. The
five (5) Arbitrators are: . Each December the Union and the City shall each be
permitted to strike one (1) Arbitrator from the panel for any reason. In the event an Arbitrator is removed from the panel, the parties shall agree upon a replacement Arbitrator(s). If the.parties are unable to agree upon a replacements), they shall request a list of seven (7) Arbitrators from the American Arbitration Association, each of whom must be a member ofthe National Academy of Arbitrators. Within ten (J) days after receipt of the list, the parties shall select an Arbitrator(s). Both the Employer and the Union shall alternatively strike names from the list. The remaining pcrson(s) shall be added to the panel.
Within ten (10) days of the Union electing to forward the suspension grievance to arbitration, the parties shall meet and select an Arbitrator from the panel. The parties shall contact the Arbitrator and request a hearing date within one hundred-twenty (120) days. If the Arbitrator is unable to provide a hearing date within this time frame from the date of being contacted, the parties will select another Arbitrator from the panel who is able to provide a hearing date within one hundred-twenty (120) days. Upon appointment ofthe Arbitrator but prior to the date on which a cancellation fee would be incurred, and unless they have already done so, the parties shall schedule a date to conduct a settlement conference may be discussed at the settlement conference. If the parties are unable to resolve the suspension grievance, they shall proceed with the Arbitration Process outlined in this Appendix P.
Provided the Union accepts a hearing date within one hundred-twenty (120) days of appointment ofthe Arbitrator, the Lieutenant will not be required to serve the suspension until the Arbitrator rules on the merits of the grievance. In the event additional day(s) of hearing may be required to resolve the grievance, such additional day(s) shall be scheduled within thirty (30) days ofthe first day of hearing. If the Union is not ready to proceed on a scheduled hearing date, the Lieutenant shall be required to serve the suspension prior to the Arbitrator ruling on the merits ofthe grievance.
The authority and expenses ofthe Arbitrator shall be governed by the provisions of Sections 9.4 and 9.5 ofthe collective bargaining agreement.
APPENDIX Q
CHICAGO POLICE DEPARTMENT PHYSICAL FITNESS PROGRAM
The purpose ofthe Chic ago Police Department Physical Fitness Program is to establish a physical fitness standard for all Department member s lo ensure that their physical endurance, strength and conditioning are commensurate with the responsibilities and expectations of sworn members of the Department and to increase such members' overall health and quality of life.
All participating Captains shall undergo an annual physical fitness assessment that evaluates aerobic capacity and cardiovascular endurance, strength, flexibility, body mass index, resting blood pressure, resting heart rate and other appropriate indicators of physical fitness. Each Captain's physical fitness shall be measured on an individualized basis consistent with the standards established by the Illinois Law Enforcement Training and Standards Board's Peace Officer Wellness Evaluation Report ("POWER") lest and principles commonly employed by the medical establishment to evaluate an individual's overall health. All such standards shall be adjusted to account for a Captain's age, sex or other relevant and appropriate factors, subject to the approval of Unit 156 Captains.
77
APPENDIX R Re: District Executive Officer
In January, 2012, the Department implemented the new assignment of District Executive Officer ("Executive Officer") to be performed by the rank of Captain (SES). The premise underlying the Executive Officer assignment is that he or she is to serve as the second in command, after the District Commander, within each District. Unlike the case with the previous Watch Commander assignment, the Executive Officer is not watch-dependent. There is one Executive Officer per District.
Implementation of the Executive Officer assignment resulted in the dissolution of the Watch Commander as a separate and discrete assignment. There no longe r is an individual assigned as Watch Commander; duties and responsibilities formerly performed by the Watch Commander were absorbed by the District Commander and the Executive Officer, or have gone unperformed on a specific watch or have been pushed down the supervisory chain of command and divided amongst multiple supervisors, as appropriate. Il is understood and agreed that in the event the job or assignment of Watch Commander is restored or reinstitutcd, the status quo ante that existed prior to implementation of the Executive Officer position in 2012 with respect to applicability of the Captains' collective bargaining agreement to Watch Commander shall be restored.
There will be one Executive Officer assigned to each District in District Law Enforcement. The Executive Officer in DLE. and Field Inspector in Auditing_and Internal Control ("field Inspector"), shall be drawn exclusively from the rank of Captain SES. No individual in any rank below Captain SES shall be eligible to be designated Executive Officer in District Law Enforcement or as a Field Inspector. Further, no individual in any rank below Captain SES shall be eligible to work out of grade as an Executive Officer in DLE. In the event an Executive Officer will be absent for an extended period, the position may be filled by another Captain, ln no event will a Lieutenant serve in the capacity of an Executive Officer in OLE or as a Field Inspector.
The Executive Officer will have the salary and benefits as provided lor in the collective bargaining agreement between the City and PB&PA, Unit 156 - Captains ("Union").
The parties agree to these further understandings:
I) The Executive Officer shall work either ihe existing 4 and 2 schedule with rotating days off based on operational needs or an 8.5 hour day (with a half hour unpaid lunch) with a fixed day off group, except thai starling times and/or day off group may be modified by mutua 1 agreement between ihe Executive Officer and the District Commander pursuant to Section 20.12.
I9IS-4SS.I
Captains assigned as Field Inspector will not necessarily be limited to a designated watch, but are subject to working schedules as needed. They will either be on the 4 and 2 schedule with rotating days off or on an 8.5 hour day (with a half hour unpaid lunch) with a fixed day off group.
When operationally necessary and with the approval of the appropriate Deputy Chief, when the Exempt member to whom the Executive Officer reports is scheduled to be absent for more than five (5) consecutive work clays due to furlough, personal day. training or extended medical, the Executive Officer will be offered the opportunity to work out of grade, commencing with ihe first- day of the scheduled absence (where it is known, or reasonably anticipated in the case of absence for medical reasons at that time that the absence will exceed live (5) consecutive work days).
Executive Officers will be allowed to work holidays if the holiday falls on a regularly scheduled work day.
The Executive Officer in OLE typically will work a watch when the District Commander is not present. However, it is acknowledged that operational needs may from time to time or unit to unit require that the Executive Officer work days, and nothing in this Agreement shall be interpreted as either prohibiting or requiring the assignment of Executive Officer in OLE to days.
Prior to the promotion of any new individuals to the rank of Captain SES or to vacancies in OLE, incumbent Captains may request via PAR form assignment to a vacant OLE Executive Officer position or a position identified by the Department that the Department intends to filJ with a Captain.
In the event a Captain (SES) Executive Officer is assigned and available in a unit and/or District Law Enforcement, no other officer shall be assigned to or be permitted to do the job of Acting Commander.
The Department, including the Superintendent, specifically acknowledges and agrees that the Captain rank shall be preserved and maintained.
19IN4K8.I
MEMORANDUM OE UNDERSTANDING BETWEEN THE CITY OF CHICAGO AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS,
UNIT 156-CAPTAINS, REGARDING COMPLAINT REGISTER MATRIX
The Unions acknowledge that the Employer has developed a Complaint Register Matrix ("Matrix") and accompanying Complaint Register Matrix Guidelines ("Guidelines"). The Employer has advised the Unions that the purpose of the Matrix and the Guidelines is to ensure that disciplinary penalties are fairly administered through consistent application and enforcement, reflect the gravity of the alleged misconduct, and promote a culture of public accountability, individual responsibility and professionalism while protecting the rights of employees.
The Employer acknowledges and agrees that the principals of just cause apply to review of disciplinary penalties and that an arbitrator presiding over a discipline grievance pursuant to Article 9 ofthe Agreement is to apply the principles of just cause in reviewing the penalty imposed. In an instance where the Arbitrator finds that principles of just cause require a penalty otherthan one provided for in the Matrix, the parties agree that the Arbitrator has the authority to depart from the Matrix and impose a different penalty. In such event the Arbitrator will provide a written explanation of why he or she awarded a penalty different from that contemplated by the Matrix.
It is understood that this language docs not change the fact that the City bears the burden of proving that the accused committed the acts which are the basis for the charges/allegations as well as the burden of proving that the recommended suspension is of an appropriate duration under the circumstances presented.
(
IS> 18488 I
MEMORANDUM OF UNDERSTANDING BETWEEN I'M E CITY OF CHICAGO AND
THE POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT 156A- SERGEANTS, UNIT 156B-LIEUT ENANTS AND UNIT 156C-CAPTAINS REGARDING DRUG AND ALCOHOL TESTING
A. The Department's existing policies and orders regarding random drug testing shall be revised to include the following components:
1. Testing for the presence of alcohol while on duty.
Officers selected for random drug testing shall also be tested foralcohol.
Upon notification to submit to random testing, Officers shall continue to report to the Random Drug Testing Unit.
The Department may use urine specimens to test for the presence of both drugs specified in this agreement and alcohol. The Department may also test for alcohol using a breath alcohol test administered by a qualified tester using a certified and calibrated Breathalyzer.
The initial and confirmatory test levels for a positive presence of alcohol shall be a breath alcohol level of .021 or its urine concentration equivalent, unless a different standard is required by paragraph (e) below.
If the test reveals a breath alcohol level of .021 through .039 or their urine concentration equivalents, the Officer shall be relieved from duly without compensation until the next duty day and shall submit to dnig and alcohol testing prior to his/her return to duty. If the retum-to-duty test reveals an alcohol level of" .00, the Officer may return to duty and shall not be subject lo discipline based on the initial test result; however, during the six- (6-) month period following the date of the initial test, the Officer will be selected for random drug and alcohol testing from an eligibility pool consisting of similarly situated Officers. If the retum-to-duly test or any test administered within the six- (6-) month period described above reveals any presence of alcohol, the Officer shall be relieved from duly without compensation until ordered to return to duty, and the Random Ding Testing Unit will refer the matter to the Internal Affairs Division.
If the test reveals a breath alcohol level equal to or greater than .04 or its urine concentration equivalent, the Officer shall be relieved from duty without compensation until ordered to return lo duty, and the Random Dnig Testing Unit will refer the matter to the Internal Affairs Division. In the event discipline is recommended, the Internal Affairs Division shall consider whether io agree to hold the discipline in abeyance in exchange for ihe Officer's agreement to participate in a rehabilitation program, remain drug and
81 IOIX48.S.I
alcohol free for a defined period and comply with other appropriate terms and conditions (i.e., a "last chance" agreement ).
An Officer who is relieved from duty without compensation in accordance with this subsection may utilize accrued elective time during the unpaid period of absence.
f. The above changes shall be implemented effective January I, 2009 or thereafter.
2. Bidders and/or applicants for assignments in the Organized Crime Division, Bomb and Arson Unit, Evidence and Recovered Property Unit, Marine Unit or Mounted Unit shall be required to submit to a drug and alcohol test prior to appointment. Thereafter, all Officers assigned to such specialized divisions or Units shall be selected for random drug and alcohol testing from an eligibility pool consisting solely of Officers assigned to such specialized divisions or Units.
B. The procedures applicable to drug testing conducted by the Department, regardless of whether the basis for the testing is random, for cause or any other basis, shall be amended to include the following:
]. Ecstasy (MDA/MDMA) and anabolic steroids shall be added to the panel of substances for which the Department tests, and Methaqualone shall be removed from such panel. The current panel shall thus be modified as follows:
SUBSTANCE INITIAL TEST LEVEL (ng/mL) CONFIRMATORY TEST LEVEL (ng/mL)
Anabolic Steroids Any Presence Any Presence
Amphetamines 1000 500
Barbiturates 300 200
Benzodiazepines 300 200
Cocaine Metabolites 300 150
Marijuana Metabolites 50 15
MDA/MDMA 250 200
Methadone 300 200
Opiates 2000 2000
Phencydlidine 25 25
Propoxyphene 300 200
I9IX4SS I
During the term of this Agreement, the Department may add or remove additional substances to or from the panel referred to above when it has reasonable grounds for such addition or removal (such as when new drugs are developed or changes occur in patterns of consumption of dangerous or illegal drugs), provided that it shall provide Unit 156 with thirty (30) days' advance written notice and, upon request, meet with Unit 156 to negotiate the addition or removal of a substance to or from the panel. If the parties are unable to agree on the addition or removal of a substance from the panel, the dispute shall be resolved through the binding grievance and arbitration procedure set forth in Article 9. The sole issue before the Arbitrator shall be whether the Department has a reasonable basis for adding or removing the substance to or from the panel and for the initial and confirmatory test levels.
If a test reveals a positive presence of a substance on the above panel or the abuse of prescription drugs, the Random Drug Testing Unit will continue to refer the matter to the internal Affairs Division.
Effective upon ratification, in any instance where an Officer discharges his/her weapon, whether on or off duty, the Officer shall submit to dnig and alcohol testing at the direction of the Internal Affairs Division or any superior authority. If the Officer has discharged his/her weapon off duly and the test reveals the presence of alcohol, the Department shall not discipline the Officer based solely on die results of the alcohol test when the Officer's actions are consistent with the Department's use of force guidelines.
The Department's existing policies and orders regarding drug and alcohol use shall be amended to state that an Officer is prohibited from consuming alcohol within the four- (4-) hour period preceding the start of a previously scheduled shift or after receiving notice to report for duly.
James C. Franczek, Jr.
On Behalf of the City of Chicago
Dated:
Marvin Gittlcr
On Behalf of Unit 1 56A-Sergeants On Behalf of Unit 1 56B-Lieutenants On Beha If of Unit 1 56C-Captains
Dated:
I9IS4RX 1
MEMORANDUM OF UNDERSTANDING BET WEEN THE CITY OF CHICAGO AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT 156A-SERGEANTS, UNIT 156B-LIEUTENANTS AND UNIT 156C-CAPTAINS
REGARDING RETIREE HEALTH CARE BENEFITS
The parties agree that the health care benefit provided to officers who retire on or after age sixty (60) pursuant to Article 12 of the parties' collective bargaining agreement effective July 1, 2016 through June 30, 2022 ("the Agreement") shall be extended to officers who retire on or after age fifty-five (55), subject to the following terms and conditions:
A. Health Care Benefits Upon Retirement
Officers Who Retire on or After Age Sixty (60)
Officers who retire on or after age sixty (60) shall continue to receive the health care benefit set forth in Article 12 of the Agreement, but shall have their final compensation paid in accordance with Section (B). Effective for retirements occurring ninety (90) or more days after the date of ratification of this Agreement, officers who retire on or after age 60 or prior to age 63 and who elect to receive the health care benefit set forth in Article 12 ofthe Agreement shall contribute one and one-half percent (1.5%) of their annuity then being received pursuant to provisions of the Policemen's Annuity and Benefit Fund Act ofthe Illinois Pension Code (40 ILCS 5/5-101 et seq.) ("Pension Code"). Such officers shall continue to contribute this percentage contribution for as long as theyr receive the health care benefit set forth in Article 12 ofthe Agreement.
Officers Who Retire on or After Age Fifty-Five (55) and Before Age Sixty (60)
Officers who retire on or after age fifty-five (55) and before age sixty (60) shall be eligible for the health care benefit set forth in Article 12 of the Agreement, provided that they file for retirement in accordance with the following schedule:
Notwithstanding the following provisions applicable to retirements in 2020 and thereafter, eligible officers who provide written notice of retirement within twenty-one (21) days after the date of ratification ofthis Agreement, with an effective date of retirement between sixty (60) and ninety (90) days after the date of ratification of this Agreement, may participate in this benefit and contribute two percent (2%) of their annuity then being received pursuant to the provisions of the Pension Code. Such officers shall continue to contribute this percentage contribution for as long as they receive the health care benefit set forth in Article 12 ofthis Agreement. Fffcctivc for the calendar vcar 2020 and each vear
I0184SS 1
thereafter, the effective date of retirement shall be between May 1 through December 31, provided the officer files for retirement at least thirty (30) days prior to the effective date of retirement.
Effective for retirements occulting on or after the date of ratification ofthis Agreement, officers who retire on or after age fifty-11 ve (55) and before age sixty (60) and who elect to participate in this benefit shall contribute three and one-half percent (3.5%) of their annuity then being received pursuant to the provisions ofthe Policemen's Annuity and Benefit Fund Act of the Illinois Pension Code (40 ILCS 5/5-101 et seq.). Such officers shall continue to contribute this percentage contribution for as long as they receive the health care benefit set forth in Article 12 ofthis Agreement.
B. Payment of Final Compensation Upon Retirement
Legally Required Final Compensation
Upon retirement, the Employer shall pay to each eligible officer or his/her estate if necessary any compensation owed to such officer in the form of wages earned, unused compensatory time granted pursuant to the federal Fair Labor Standards Act ("FLSA"), unused elective time provided by the Agreement (e.g., furlough days, Baby Furlough Days and personal days) and any other final compensation that may be legally owed to such officer. Any wage increases that are implemented during the term of the Agreement and that are effective prior to the officer's date of retirement shall be applied retroactively to his/her legally required final compensation paid pursuant to this subsection.
Non-FLSA Compensatory Time
Upon retirement, the Employer shall calculate the value of each officer's accumulated non-FLSA compensatory time (if any) based on the officer's rate of pay in effect al the time of retirement. As part of the officer's legally required final compensation, the Employer will then pay to the officer or his/her estate the value of his/her non-FLSA compensatory time up to yet not exceeding $20,000.00. Any wage increases that are implemented during the term of the Agreement and that are effective prior to the officer's date of retirement shall be applied retroactively to his/her legally required final compensation paid pursuant to this subsection.
On or before March I of the first calendar year following the date of the officer's retirement, the Employer shall pay to the officer or his/her estate the value of his/her remaining non-FLSA compensatory time up to yet not exceeding $15,000.00. If a remainder exists, the Employer shall also pay to the officer or his/her estate one-third of the value ofthe remainder.
On or before March 1 of the second calendar year following the date of the officer's retirement, the Employer shall pay to the officer or his/her estate the value of his/her remaining non-FLSA compensatory time up to yet not exceeding $15,000.00. If a
^7 I9184SN I
remainder exists, the Employer shall also pay to the officer or his/her estate one-half of the value ofthe remainder.
On or before March 1 of the third calendar year following the date of the officer's retirement, the Employer shall pay to the officer or his/her estate the value of any and all remaining non-FLSA compensatory time.
1918488 I
C. Term of Memorandum of Understanding
The terms and conditions ofthis memorandum of understanding shall be subject to renegotiation by the parties beginning on or after June 30, 2022 as part ofthe collective bargaining negotiations for a successor collective bargaining agreement.
James C. Franezek, Jr. On Behalf of Unit 156B- Lieutenants
On Behalf of the City of Chicago
Dated: Dated:
19IS4KN I
Kevin Chambers President
Captains' Association
Re: Possible Restoration of Watch Commander Position Dear President Chambers:
This letter will confirm the parties' mutual understandings with respect to the process to be followed should the City decide to restore the Watch Commander position during the term of the collective bargaining agreement that is currently the subject of interest arbitration proceedings before Arbitrator Roumell.
Should the City decide to restore the Watch Commander position, the parties anticipate that it would become necessary lo promote a significant number of additional Captains. In the event the City determines to restore the Watch Commander position, and prior to any additional Captain promotions, the City will notify Unit 156C ofthe decision. Upon request of the Union the parties agree to negotiate, as that term is defined in Section 7 of the Illinois Public Labor Relations Act, over the following issues:
The process for determining Watch assignments for Captains within a District;
Mechanism for allowing incumbent Captains an opportunity to attempt to transfer to a District other than the one to which they are currently assigned prior to the assignment of newly-promoted Captains;
Provisions for the assignment of incumbent Captains serving as Executive Officers who do not wish to accept the Watch Commander positions.
If, after a period of ninety (90) days after commencement of negotiations (or such longer period as mutually agreed to), and of the above-enumerated issues remain(s) to arbitration. For each issue, each party shall submit its proposed resolution to the arbitrator. The arbitrator's jurisdiction shall be limited lo the specific issues enumerated above, and shall have no authority to issue an award on any other issue or subject. The arbitrator's decision shall be final and binding on the parties. The arbitrator's fee shall be shared equally between ihe parties.
l'MS4NS. I
Thomas J. Pleines
PBLC Chicago Metro Legal Counsel 222 North LaSalle Street Suite 200 Chicago, TL 60601
Re: Special Employment
Dear Mr. Pleines:
The purpose ofthis letter is to confirm our discussions and agreement concerning the addition of Section 16.2-Special Employment to the parties' collective bargaining agreement.
The determination of whether and when to create a Special Employment Program opportunity, commensurate with the skills and rank of a Captain, is reserved to the Employer.
If the foregoing is an accurate statement of our discussions and agreement, please indicate this by signing your name below.
Joseph P. Marttnico Chief Labor Negotiator
Date:
191S4R8 1
300 South Wacker Dri vc Suite 3400 ' Chic a go II. 60 606 Phone312.9S6.0300 . Pax 3 12.986.9 I 92 . franczek . om
JAMES C. FRANCZEK, JR. 312.786.61 10 it-.ffofrancz.ttk.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D' Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago, Illinois 60606
Re:
Audio Recording of Statements Made by Non-Department Members During Disciplinary
Investigations Dear Mr. Gittler:
This letter confirms the City's representations during negotiations regarding the issue of audio recording statements made by non-Department members during disciplinary investigations.
Throughout these negotiations, the parties devoted considerable time to discussing the legality and practicality of a policy requiring non-Department members to submit to audio recording and the impact such policy may have on the credibility and integrity of the investigative process. During these discussions, Unit 156-Captains articulated legitimate and reasonable concerns regarding the consequences of a non-Department member's refusal to consent to audio recording, including the distinctions between audio-recorded and written statements and how such distinctions if present may influence the investigation.
Our dialogue was also informed by the testimony of the Chief Administrator of the Independent Police Review Authority ("IPRA") and the Chief of the Internal Affairs Division ("IAD") on two separate occasions. This testimony confirmed IPRA's and IAD's unyielding commitment to obtaining audio-recorded statements from non-Departmenl members within the confines of the law Moreover, the Chief Administrator of IPRA and the Chief of IAD invited Unit 156-Captains to review the protocols, procedures and training materials for audio recording non-Department members as they are developed and submit recommendations as may be appropriate. This letter affirms such invitation and the City's commitment to collaborate with Unit 156-Captains as these policies are implemented.
I9IS4S8 I
Finally, the parties agree that IPRA and IAD should strive to obtain an audio recording consent rate for non -Department members of at least seventy-five percent during the initial phase ofthe program. To this end, IPRA and IAD shall specifically request that each non -Department member who is interviewed during an investigation consent to the audio recording of his/her statement and shall document such request and the non-Department member's response to such request either in writing or through audio recording. Within six months of the implementation of audio recording for Department members, the City, the Chief Administrator of IPRA and the Chief of IAD agree to meet with Unit 156-Captains upon request to discuss the consent rate for non -Department members with respect to audio recording, methods for increasing the consent rate if necessary, the synthesis of audio-recorded and written statements during investigations and other relevant and pertinent issues.
This letter is subject to the grievance and arbitration procedure established in Article 9 ofthis Agreement.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
1918488 I
FRANCZEK RADELET
300 South Wacker Drive : Suite 3400 Chicago, IL 60606 Phone 3I2.9S6.0300 I Fax .ll2.986.9192trnnczek.com
JAMES C. FRANCZEK, JR.
312.786.6110
iclWifranczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D" Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago, Illinois 60606
Re: Captain's Right To Edit and Correct Statements Made During Disciplinary Investigations Dear Mr. Gittle r:
This letter confirms the parties' discussions during negotiations regarding a Captain's right to edit and correct copies of statements made during disciplinary investigations after they arc distributed pursuant to Sections 6.1 (J) and 6.2(D) of the Agreement. Specifically, the parties agree that the amendments to Sections 6.1 and 6.2 regarding the method of recording statements do not modify the current policy or practice governing the editing and correcting of statements. Moreover, in light ofthe parties' agreement to allow statements to be recorded audio electronically, the parties recognize that this policy or practice may need to be modified to accommodate the new method of recording and that such modifications will only become effective upon the written consent of Unit 156-Captains.
This letter is subject to the grievance and arbitration procedure established in Article 9 of this Agreement.
Very truly yours,
James C Franczck. Jr.
AGREED:
Marvin Gittler
1918.-188 1
FRANCZEK RADELET
Attomevs and Counselors
300 South Wacker Drive Suite 3400 ! Chicago, IL 60606 Phone312.986.0300!Fax 312.986.9192 franczek.com
July 29,2009
JAMES C. FRANCZEK, JR. 312.786.6110
.k.l Jii >, fi aticzek coin
FRANCZEK RADELET
Attorneys and Counselors
300 South Wacker Drive .Suite 3400 ChicagoJL 60606 Phone312.986.0300 Fax 312.986.9192 franczek.cm
JAMES C. FRANCZEK, JR. 312.786.6110 lcrCfljrranczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D' Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago. Illinois 60606
Re: Expansion of Flexible Spending Account ("FSA") Plan To Include Dependent Care Benefit Dear Mr. Gittler:
This letter confirms the City's representations during negotiations with respect to Article 12 of the Agreement and the anticipated expansion of the Flexible Spending Account ("FSA") plan to cover qualified unreimbursed dependent care benefits . The Chicago Labor-Management Trust-of which Unit 156-Captains has committed to becoming a signatory member - forma lly adopted this initiative as a project directive during the Board of Trustees meeting on May 9, 2008 and is currently researching and developing recommendations regarding such initiative. Consequently, the inclusion ofany such benefit in the Agreement would be premature. The City reiterates, however , its firm commitment to pursue this initiative through the Trust and anticipates that this benefit may soon be available to employees. In the event that this benefit is not implemented as contemplated, the City agrees to meet with Unit 156-Captains upon request to evaluate the alternatives that may beavailable.
This letter is subject to the grievance and arbitration procedure established in Article 9 of this Agreement.
Very truly yours,
James C. Franczek. Jr.
AGREED:
1918488 I
Marvin Gittler
FRANCZEK RA DE LET
Attorneys and Counselors
300 South Wacker Drive . Suite 3400 : Chicago, II. 60606 Phone 3 I 2.986.0300 , Fax 3 1 2.986.9 1 92 franczck.com
JAMES C. FRANCZEK .JR.
312.786.61 J 0
jc fffljfranczck.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D' Alba, Ltd. 2
00 West Jackson Boulevard , Suite 1900 Chica go. Illinois 60606
Medical Services Section Physician Referral List
Dear Mr. Gittler:
This letter confirms our agreement with respect to the list of approximately eight hundred (800) referral physicians maintained by the Department's Medical Services Section. A Captain seeking a referral for an injury on duty will be allowed to select any physician on this referral list within the specially appropriate to the treatment of Ihe Captain's injury. The Department reserves the right both to add physicians to the referral list and remove physicians from such list. The Department agrees that physicians will not be removed from the referral list for arbitrary or capricious reasons. The Department agrees lo meet with designated representatives of Unit 156Captains on a quarterly has is for the purpose of discussing the composition ofthe referral list, including suggestions for the expansion of the referral list and the bases for removals from such list.
Very truly yours,
James C. Franczek. Jr.
AGREED:
Marvin Gittler
I '> 18488 1
FRANCZEK RADELET
Attorneys and Counselors
300 South Wacker Drive Suite 3400 iChicago, IL 60606 Phone 312.986.0300 ! Fax 312.986.9192 : fVanczek.com
JAMES C. FRANCZEK, JR. 312.786.61 10 j c f fa}, fran czek. com
July 29, 2009 Mr. Thomas Pleines, Gittler, Greenfield & D' Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago, Illinois 60606
Re: Resignations and Retirements While Under Investigation Dear Mr. Pleines:
This letter confirms the City's representations during negotiations regarding the credentials to be afforded to a Captain who resigns or retires from the Department while the subject of an ongoing Complaint Register investigation. k
In accordance with current policy, the Superintendent has the discretion to decide whether the Captain's personnel file should state that the Captain resigned or retired "while under investigation" based on the totality of the circumstances surrounding the investigation, including, but not limited to, the likelihood that the investigation will .result in a sustained finding accompanied by a recommendation for a substantial disciplinary penalty, (he possibility that the investigation may result in the decertification of a Captain as a peace officer and/or the extent to which the Captain has cooperated in the investigation both before and after his/her separation from employment. This same standard also governs whether the Captain will receive full retirement credentials or any other post-employment honorary benefits and emoluments.
In the event that Unit 156-Captains or the Captain disagrees with the Superintendent's decision, either party may file a grievance pursuant to Section 9.2 of the Agreement or submit the grievance to mediation, but the grievance shall not be subject to arbitration. Effective for resignations or retirements occurring after the date of ratification of this Agreement, Unit 156-Lieutenanls may submit the grievance to arbitration pursuant to the provisions of Article 9 of the Agreement. The Arbitrator may set aside the Superintendent's decision only if the Arbitrator determines that the Superintendent's decision was an arbitrary application ofthe standard set forth in the proceeding paragraph.
Very truly yours,
1918488.1
AGREfcD: Marvin Gittler
FRANCZEK RADELET
Attorneys and Counselors
300 South Wacker Drive ! Suite 3400 ' Chicago, IL 60606 Phone 3 12.9S6.0300 i Fax 3 1 2.986.9 192 fninczck.com
JAMES C. FRANCZEK, JR. 312.786.6110 idifofranczek.coni
Augu st 20, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D' Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago,Illinois 60606
Re: Uniform Allowance
Dear Mr. Gittler:
This letter will confirm that the uniform allowance provisions in Section 21J(B) are not intended and sha 11 not be used to replace or offset any provisions of Section 21.3(A) in whole or in part.
Very truly yours, James C. Franczek, Jr.
AGREED: Marvin Gittler
l')|R48S I
J
AGREEMENT BETWEEN THE CITY OF CHICAGO AN D THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT 156-LIEUTENANTS
EFFECTIVE JULY 1, 2016 THROUGH JUNE 30, 2022
final 107.1.iv: I
TABLE OF CONTENTS
Page
ARTICLE I
PREAMBLE|910|
ARTICLE 2
RECOGNITION AND UNIT WORK|910|ARTICLE 3
UNION SECURITY|910|Section 3.1 Maintenance of Membership and Agency Shop|910|Section 3.2 Dues Deduction|910|Section 3.3 Indemnity|910|Section 3.4 Bona Fide Religious Belief..|910|Section 3.5 Unit 156-Lieutenanls Presentation at Orientation|910|
ARTICLE 4
MANAGEMENT RIGHTS : :|910|ARTICLE 4 A
ACCOUNTABILITY OF LIEUTEN ANTS|910|
ARTICLE 5
NO STRIKE|910|Section 5.1 No Strike Commitment|910|Section 5.2 Resumption of Operations .....5
Section 5.3 Union Liability|910|Section 5.4 Discipline of Strikers|910|ARTICLE 6
BILL OF RIGHTS|910|Section 6.1 Conduct of Disciplinary Investigation|910|Section 6.2 Witness Statements in Disciplinary Investigations|910|Section 6.3 Non-Adoption of Ordinance 9
Section 6.4 Photo Dissemination 9
Section 6.5 Compulsion of Testimony 9
Section 6.6 Polygraph 9
Section 6.7 Disclosure 10
Section 6.8 Media Information Restrictions .10
Section 6.9 Videotaping of Witness Testimony 10
Section 6.10 Affidavits 10
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ARTICLE 7
SUMMARY PUNISHMENT 11
ARTICLE 8
EMPLOYEE SECURITY 12
Section 8.1 Just Cause Standard 12
Section 8.2 File Inspection 12
Section 8.3 Limitation on Use of File Material 12
Section 8.4 Use and Destruction of File Material 12
Section 8.5 Notification 13
ARTICLE 9
GRIEVANCE PROCEDURE..., 13
Section 9.1 Definition and Scope 13
Section 9.2 Procedures, Steps and Time Limits 13
Section 9.3 Arbitration of Stand aid Grievances 15
Section 9.4 Authority of Arbitrator 15
Section 9.5 Expenses of Arbitrator 16
Section 9.6 Processing and Time Limits 16
ARTICLE 9A
MEDICAL GRIEVANCES 17 !
Section 9A.1 Psychological Review 17
Section 9A.2 Medical Grievances 18
ARTICLE 10
NON-DISCRIMINATION 19
Section 10.1 Equal Employment Opportunity 19
Section 10.2 Non-Discrimination : 19
Section 10.3 Religious Holiday Accommodation 20
Section 10.4 Americans with Disabilities Act 20
ARTICLE 11
HOLIDAYS 20
Section 11.1 Designated Holiday 20
Section 11.2 Compensation for Holidays 21
Section 1 1.3 Personal Day 21
Section 11.4 Special Compensation Time 22
Section 11.5 Holiday Declaration 22
ARTICLE 12
HEALTH INSURANCE AND RELATED BENEFITS 22
Section 12.1 Medical, Dental and Flexible Spending Account Plans 22
Section 12.2 Chicago Labor-Management Trust 23
Section 12.3 Health Care Reopener 24
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Section 12.4 Ambulance Fees 24
ARTICLE 13
LAYOFFS AND RE-EMPLOYMENT 24
Section .13.1 Priority of Layoffs 24
Section 13.2 Notice of Layoffs 24
Section 13.3 Recall 25
ARTICLE 14
BULLETIN BOARDS .' 25
ARTICLE 15
SAFETY ISSUES : 25
Section 15.1 Cooperation 25
Section 15.2 Safety Committee 25
Section 15.3 Disabling Defects 26
Section 15.4 Notices 26
ARTICLE 16
SECONDARY EMPLOYMENT 26
ARTICLE 17
UNIT 156 LIEUTENANTS REPRESENTATIVES 27
Section 17.1 Meeting Participation and Scheduling 27
Section 17.2 Unit 156-Lieutenants Representatives 27
Section 17.3 Attendance at Unit 156rLieutenants Meetings 27
Section 17.4 Grievance Processing 27
Section 17.5 Attendance at State and National Conferences 28
Section 17.6 Unit 156-Lieutenants Negotiating Team 28
Section 17.7 Unit 156-Lieutenants Activity 28
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ARTICLE 18
DISABILITY INCOME 28
Section 18.1 IOD 28
Section 18.2 Non-IOD 29
Section 18.3 Certification 29
Section 18.4 Return to Duty 29
Section 18.5 Advisory Committee 30
Section 18.6 Injuries on Duty and Recurrence Claims 30
Section 18.7 Employer Responsibility for Hospital, Medical and Prescription
Costs and Pension Contributions 30
Section 18.8 Medical Benefit Statement 30
ARTICLE 19
BEREAVEMENT LEAVE 30
Section 19.1 Death in Family 30
Section 19.2 Definition of Family 31
Section 19.3 Extended Bereavement Leave 31
ARTICLE 20
HOURS AND OVERTIME 31
Section 20.1 Work Day, Work Week and Work Period 31
Section 20.2 Compensation for Overtime : 31
Section 20.3 Sixth and Seventh Day Work 32
Section 20.4 Call Back/Reporting on Regular Day Off. 32
Section 20.5 Court Time 32
Section 20.6 Stand-By 33
Section 20.7. Day Off Changes 33
Section 20.8 Accumulation of Compensatory Time 34
Section 20.9 Scheduled Back-to-Back Shifts 34
Section 20.10 Rank Credit 35
Section 20.1 1 Duty Availability Allowance 35
Section 20.12 Change of Schedule 35
Section 20.13 Out of Area Detail 36
ARTICLE 21
UNIFORMS 36
Section 21.1 Uniforms and Equipment Advisory Committee 36
Section 21.2 Major Changes 37
Section 21.3 Uniform Allowance 37
Section 21.4 Uniform Change or Modification 37
ARTICLE 22
INDEMNIFICATION 37
Section 22.1 Employer Responsibility 37
Section 22.2 Legal Representation 37
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Section 22.3 Cooperation 37
Section 22.4 Applicability 38
Section 22.5 Expedited Arbitration 38
ARTICLE 23
SENIORITY 38
Section 23.1 Definition and Application 38
Section 23.2 Furlough Scheduling 39
Section 23.3 Seniority List 40
Section 23.4 Personal Day Selection 40
Section 23.5 Use of Elective Time 40
Section 23.6 Canceled Days Off 41
Section 23.7 Holiday Assignment 41
ARTICLE 24
E D U CATI ON A L REI MB U R SEMEN T '. 42
ARTICLE 24A
EDUCATIONAL LEAVES 43
ARTICLE 25
LIFE INSURANCE 43
ARTICLE 25A
PHYSICAL FITNESS PROGRAM 44
ARTICLE 26
WAGES 44
Section 26.1 Salary Schedule 44
Section 26.2 Quarterly Differential 44
Section 26.3 Work Out of Grade 44
Section 26.4 Payment of Wages 45
Section 26.5 Payment of Time 45
Section 26.6 Compensatory Time Exchange 45
ARTICLE 27
RESIDENCY 45
ARTICLE 28
DURATION, ENFORCEMENT AND DISPUTE RESOLUTION 46
Section 28.1 Term of Agreement 46
Section 28.2 Continuing Effect 46
Section 28.3 Impasse Resolution. Ratification and Enactment 46
ARTICLE 29
BABY FURLOUGH DAYS 49
v
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Section 29.1 Number of Baby Furlough Days 49
Section 29.2 Carryover of Baby Furlough Days 49
Section 29.3 Compensation for Unused Baby Furlough Days 49
ARTICLE 29 A
FURLOUGHS : 49
Section 29A.1 Annual Furlough 49
Section 29A.2 Furlough Days 50
Section 29A.3 Furlough Selection 50
Section 29A.4 Furlough Extension 50
Section 29A.5 Unused Furlough 50
ARTICLE 30
LEAVES •. 50
Section 30.1 Personal Leave 50
Section 30.2 Military Leave 50
Section 30.3 Family and Medical Leave Act 51
A RTICLE 31
UNIT BENEFITS 51
Section 31.1 Infonnation Exchange 51
Section 31.2 Registration of Firearms 52
Section 31.3 Lockers 52
Section 31.4 Maintenance of Benefits 52
Section 31.5 Unit Benefits 53
ARTICLE 32
LIEUTENANT RANK 55
ARTICLE 33
COMPLETE AGREEMENT 59
ARTICLE 34
SAVINGS CLAUSE 59
APPENDIX A
LIEUTENANTS 61
APPENDIX B
NOTICE TO SUPERVISORS REGARDING PROGRESSIVE DISCIPLINE 62
APPENDIX C
EXPEDITED ARBITRATION RULES 63
APPENDIX D
DENTAL PLAN ' 65
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APPENDIX E
NETWORK CHANGES 66
APPENDIX F
IN-NETWORK/OUT-0F-NETWORK CARE 67
APPENDIX G
HEALTH CARE CONTRIBUTIONS FOR ACTIVE LIEUTENANTS 68
APPENDIX H
PRESCRIPTION DRUGS 69
APPENDIX I
CHEMICAL DEPENDENCY AND MENTAL HEALTH CO-INSURANCE
AND LIMITS : 70
APPENDIX J
HIGH RISK PREGNANCY SCREENING PROGRAM 72
APPENDIX K
PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS 73
APPENDIX L
SUBROGATION LANGUAGE FOR CITY OF CHICAGO 74
APPENDIX M
QUARTERLY DIFFEREN TIAL FOR LIEUTENANTS (D-4) 76
APPENDIX N
SALARY SCHEDULE FOR LIEUTENANTS (D-4) 77
APPENDIX O
CHICAGO POLICE DEPARTMENT PHYSICAL FITNESS PROGRAM 78
MEMORANDUM OF UNDERSTANDING REGARDING DRUG
AND ALCOHOL TESTING 79
MEMORANDUM OF UNDERSTANDING REGARDING RETIREE
HEA LTII CA R E BEN EFITS 83
Vll
I'lNAL ll)7.;-l')2 I
ARTICLE 1 PREAMBLE
This Agreement is entered into by and between the City of Chicago, an Illinois municipal corporation, (hereinafter referred to as the "Employer") and the Policemen's Benevolent & Protective Association of Illinois, Unit 156-Lieutenants (hereinafter referred to as "Unit 156-Lieutenants").
It is the purpose ofthis Agreement and it is the intent ofthe parties hereto to establish and promote mutual harmonious understanding and relationships between the Employer and Unit 156-Lieutenants, to promote efficiency and effectiveness in the Department of Police (hereinafter referred toas the "Department"), to establish wages, hours, standardsand otherterms and conditions of employment for Lieutenants covered by this Agreement and to provide for the equitable and peaceful adjustment and resolution of differences which may arise from time to time over the negotiations, interpretation and application of this Agreement.
In consideration of the mutual promises, covenants and agreements contained herein, the parties hereto, by their duly authorized representative and/or agents, do mutually covenant and agree, as follows:
ARTICLE 2 RECOGNITION AND UNIT WORK
Pursuant to the certification ofthe Illinois Local Labor Relations Board dated December 13, 1996, the Employer recognizes Unit I 56-Lieutenants as the sole and exclusive collective bargaining; representative for all swom police officers in the rank of Lieutenant (hereinafter referred to as "Lieutenant"), excluding confidential, managerial or non-public employees within the meaning of Section 3(n) ofthe Illinois Public Labor Relations Act as set out in Appendix A.
ARTICLE 3 UNION SECURITY
Section 3.1 Dues Deduction
A. Upon receipt of a signed authorization in a form agreed upon by Unit 156-Lieutenantss and the Employer. iheEmploycr shall deduct from the wages ofthe Lieutenant the dues and/or financial obligations uniformly required and shall forward the full amount to Unit 156-Lieutenants by the tenth day of the month following the month in which the deductions are made. The amounts deducted shall be in accordance with a schedule to be submitted to the Employer bv
Unit 156 Lieutenant. Employee-authorized d eductions ma v only be revoked in accordance with the
terms under which the Lieutenant voluntarily authorized the deduction. If a Lieutenant requests a change in membership dues or fee-paving status, including revocation of an authorization form, the Employer shall refer the Lieutenant to the Union prior lo initiating anv action to change the employee's status. The Employer will not similarly deduct the dues ofany other organization as to Lieutenants covered by I his Agreement.
lOT.U'P I
B.
C. The provisions ofthis Section that apply to Lieutenants who are on leaves of absence from the Lieutenant rank to serve in exempt positions within the Department are not subject to the grievance and arbitration procedure set forth in this Agreement.
Section 3.2 Indemnity
Unit 156-Lieutenants shall indemnify and save the Employer harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Employer for the purpose of complying with this Article or in reliance on any list, notices, certifications or assignments furnished underany of its provisions.
Section 3.3 Unit 156-Licutcnants Presentation at Orientation
The Employer shall grant Unit 156-Lieutenants an opportunity during the orientation of newly promoted Lieutenants to present the benefits of membership in Unit 156-Lieutenants.
ARTICLE 4 MANAGEMENT RIGHTS
The Employer has and will continue to retain the right to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the Employer shall include, but not be limited to, the following:
To determine the organization and operations of the Department;
To determine and change the purpose, composition and function of each of its constituent departments and subdivisions;
To set standards for the services to be offered to the public;
To direct the Lieutenants of the Department, including the right to assign work and overtime;
To hire, examine, classify, select, promote, restore to career service positions, train, transfer, assign and schedule Lieutenants;
To increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve Lieutenants from duties because of a lack ofwork or fundsorfor other proper reasons;
To contract out work when essent ial in the exercise of police power;
To establish work schedules and determine the starling and quitting times and the number of hours to be worked;
I. To establish, modify, combine or abolish job positions and classifications;
J. To add, delete or alter methods of operation, equipment or facilities;
K. To determine the locations, methods, means and personnel by which the operations are to be conducted, including the right to determine whether goods or services are to be made, provided or purchased;
L. To establish, implement and maintain an effective internal control program;
M. To suspend, demote, discharge or take other disciplinary action against Lieutenants for just cause; and
N. To add, delete or alter policies, procedures, rules and regulations.
Inherent managerial functions, prerogatives and policy making rights, whether listed aboveor not, which the Employer has not expressly restricted by a specific provision of this Agreement, are not in any way, directly or indirectly, subject lo the grievance and arbitration procedure contained herein, provided that no right is exercised contrary to, or inconsistent with, other terms ofthis Agreement.
ARTIC LE 4A ACCOUNTABILITY OF LIEUTENANTS
Police Lieutenants, as with all police officers, are agents of the Employer and the Department who shall serve, represent and execute such professional policies, procedures and directives as are deemed necessary and proper to carry out the mission ofthe Department as such policies, procedures and directives may be established. Within the scope of these professional policies, procedures and directives, Lieutenants are to prepare, oversee and monitor the performance of Department officers and employees and to evaluate the performance of subordinates in order to make such recommendations to the Superintendent of Police (hereinafter referred to as the "Superintendent") which will allow the Superintendent to exercise complete and independentdiscretionrelatingtosuch matters. A Lieutenant providing a statement is obligated to respond honestly and completely at all tinics. A Lieutenant has the right lo consult with legal counsel and/or his/her Union representative. Lieutenants are obligated to report all misconduct.
ARTICLE 5 NO STRIKE
Section 5.1 No Strike Commitment
NeitherUnit 156-Lieutenants nor any Lieutenant will call, institute, authorize, participate in, sanction, encourage or ratify any strike, work stoppage or other concerted refusal to perform duties by any Lieutenant or Lieutenant group, or the concerted interference with, in whole or in part, the full, faithful and proper performance of the duties of employment with the Employer. NeitherUnit 156-Lieutenants nor any Lieutenant shall refuse lo cross any picket line by whoever established.
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Section 5.2 Resumption of"Operations
In the event of an action prohibited by Section 5.1, Unit 156-Lieutenants immediately shall disavow such action and request the Lieutenants to return to work and shall use its best efforts to achieve a prompt resumption of normal operations. Unit 156-Lieutenants, including its officialsand agents, shall not be liable forany damages, director indirect, upon complying with the requirements ofthis Section.
Section 5.3 Union Liability
Upon the failure of Unit 156-Lieutenants to comply with the provisions of Section 5.2, any agent or official of Unit 156-Lieutenants who is a Lieutenant covered by this Agreement may be subject to the provisions of Section 5.4.
Section 5.4 Discipline of Strikers
Any Lieutenant who violates the provisions of Section 5.1 shall be subject to immediate discharge. Any action taken by the Employer against any Lieutenant who participates in an action prohibited by Section 5.1 shall not be considered a violation ofthis Agreement and shall not be subject to the provisions ofthe grievance procedure, except that the issue of whethera Lieutenant in fact participated in a prohibited action shall be subject to the grievance and arbitration procedure.
ARTICLE 6 BILL OE RIGHTS
Section 6.1 Conduct of Disciplinary Investigation
Whenever a Lieutenant covered by this Agreement is the subject of a disciplinary investigation other than summary punishment, the interrogation will be conducted in the following manner:
The interrogation ofthe Lieutenant, other than in the initial stage ofthe investigation, shall be scheduled at a reasonable time, preferably while the Lieutenant is on duty, or, if feasible, during daylight hours.
The interrogation, depending upon the allegation, will normally take place at the Lieutenant's Unit of assignment, the or the office of the Employer's investigative agency or other appropriate location.
Prior to an interrogation, the Lieutenant under investigation shall be informed ofthe identities of the person in charge of the investigation, the interrogation officer(s) and all persons present during the interrogation. When a formal statement is being taken, all questions directed to the Lieutenant under interrogation shall be asked by and through one interrogator at a time, provided that if a second interrogator participates in the interrogation, he or she shall be present for the entire interrogation at a time, provided that if a second interrogator participates in the interrogation, he or she is present lor the entire interrogation.
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Unless the Superintendent specifically authorizes in writing, no complaint or allegation ofany misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department shall be made the subject of a Complaint Register investigation or be re-opencd or re-investigated afterfive(5)years fromthedate the Complaint Register number was issued.
Allegations) against a Lieutenant which would constitute a violation ofthe Illinois Criminal Code, the criminal code of another state of the United States or a criminal violation of a federal statute may be made the subject of a Complaint Register investigation.
F.
G. Immediately prior to the interrogation of a Lieutenant under investigation, the Lieutenant shall be informed, in writing, of the nature of the complaint, the names of all complainants and the specific date, time and, if relevant, location ofthe incident.
IT. The length of interrogation sessions will be reasonable with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
I. A Lieutenant under interrogation shall not be threatened with transfer, dismissal or disciplinary action or promised a reward as an inducement to provide information relating to the incident under investigation or for exercising any rights contained herein. The parties further agree that a Lieutenant who comes forward and provides information concerning potential misconduct is acting in the highest tradition of the police service, and nothing in this Agreement shall be interpreted to prevent the Employer or the Department from providing appropriate acknowledgement of such contribution.
J. A Lieutenant under investigation will be provided with a copy of any and all statements the Lieutenant has made that arc recorded either audio electronically or in writing within seventy-two (72) hours of the time the statement was made, except that any statement that is recorded by transcription by a court reporter will be provided within seventy-two (72) hours ofthe investigative agency's receipt of the transcribed statement . In the event a re-interrogation of the Lieutenant is required within the seventy-two- (72-) hour period following the initial interrogat ion, the Lieutenant will be provided with a copy of his/her initial statement before the subsequent interrogation. In the event a reinterrogation of the Lieutenant is required following the initial interrogation where the investigative agency recorded the initial statement by a court reporter, the Lieutenant will be provided with a copy of the transcript of his/her initial statement before the subsequent inteirogation.
K. If the allegation under investigation indicates a recommendation for separation is probable against the Lieutenant, the Lieutenant will be given the statutory administrative proceedings rights, or, if the allegation indicates criminal prosecution is probable against the Lieutenant, the Lieutenant will be given the constitutional rights concerning self-incrimination prior to the commencement of the interrogation.
I... . A Lieutenant under interrogation shall have the right to be represented by counsel of his/her own choice and to have that counsel present at all times during the interrogation, and/or, at the request of the Lieutenant under interrogation, the Lieutenant shall have the right to be
represented by a representative of Unit 156-Lieutenants and to have that representative present at all times during the interrogation. The Unit 156-Lieutenants representative shall be a Lieutenant covered by Article 17 or an off-duty Lieutenant designated by Unit 156-Lieutenants. The interrogation shall be suspended for a reasonable time until representation can be obtained. The investigative agency shall note on the record of the interrogation any time the Lieutenant seeks or obtains infonnation from his or her counsel or Unit 156-Lieutenants representative does nothing to disrupt or interfere with the interrogation.
M. Prior to the imposition of discipline, the Lieutenant will be informed of the rule violated and the corresponding specifications of misconduct, including the date, time, location and manner in which the rule was violated.
N. The provisions of this Agreement shall be deemed to authorize the the investigative agency to require Lieutenants under interrogation to provide audio-recorded statements, provided that the provisions in Section 6.1 are satisfied.
Section 6.2 Witness Statements in Disciplinary Investigations
When a Lieutenant covered by this Agreement is required logivc a statement in thepresence of an observer, as a witness in a disciplinary investigation other than summary punishment, or as a witness in a police-related shooting investigation, at the request ofthe Lieutenant the interview shall be conducted in the following manner:
The interview of the Lieutenant shall be scheduled at a reasonable time, preferably while the Lieutenant is on duty, or, if feasible, during daylight hours.
The interview, depending on the nature of the investigation, will normally take place at the Lieutenant's Unit ofassignment, orthe office of the Employer's investigative agency or other appropriate location.
Prior to an interview, the Lieutenant being interviewed shall be informed ofthe identities ofthe person in charge ofthe investigation, the interviewing officer(s) and all persons present during the interview and the nature ofthe complaint, including the date, time, location and relevant Records Division ("R.D.") number, if known. When a formal statement is being taken, all questions directed to the Lieutenant being interviewed shall be asked by and through one interviewer at a time, provided that if a second interviewer participates in the interview, he or she shall be present for the entire interview at a time, provided that if a second interviewer participates in the interview, he or she is present for the entire interview.
The Lieutenant will be provided with a copy of any and all statements he/she has made that are recorded either audio electronically or in writing within seventy-two (72) hours ofthe lime the statement was made, except that any statement that is recorded by transcription by a court reporter will be provided within seventy-two (72) hours ofthe investigatory agency' receipt ofthe transcribed statement. In the event a re-interview ofthe Lieutenant is required within the seventy-two-(72-) hour period following the initial interview, the Lieutenant will be provided with a copy of his/her initial statement before the subsequent interview. In the event a reinterview of the Lieutenant is required following the initial interview where the investigative agency recorded the initial
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statement by a court reporter, the Lieutenant will be provided with a copy of the transcript of his/her initial statement before the subsequent interview.
A Lieutenant being interviewed pursuant to this Section shall, upon his/her request, have the right to be represented by counsel of his/her own choice and to have that counsel present at all times during the interview, or, at the request of the Lieutenant being interviewed, the Lieutenant shall have the right to be represented by a representative of Unit 156-Lieutenants and to have that representative present at all times during the interview. The Unit 156-Lieutenants representative shall be a Lieutenant covered by Article 17 or an off-duty Lieutenant designated by Unit 156-Lieutenants. For piloses ofthis subsection, "represented" shall mean that the Lieutenant's counsel and/or representative shall only advise the Lieutenant, but shall not in any way interfere with the interview. The investigative agency shall note on the record of the interrogation any time the Lieutenant seeks or obtains infonnation from his or her counsel or Unit 156-Lieutenants representative, and ensure that the Lieutenant's counsel or Unit 156-Lieutenants representative does nothing to disrupt or interfere with the interrogation. The interview shall be postponed for a reasonable time, but in no case for more than forty-eight (48) hours from the time the Lieutenant is informed ofthe request foran interview and the general subject matter thereof and his/her counselor representative can be present, provided that, in any event, interviews in shooting cases may be postponed for no more than two (2) hours.
Tin's Section shall not apply to questions from a supervisor in the course of performing his/her normal day-to-day supervisory duties or to requests to prepare detailed reportsor To-From-Subject Reports, except To-From-Subject Reports that relate to the Lieutenant as a witness to a police-related shooting.
The length of interviews will be reasonable with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
FL The provisions of this Agreement shall be deemed to authorize the investigative agency to require Lieutenants being interviewed to provide audio-recorded statements, provided that the provisions in Section 6.2 are satisfied.
I. If a Lieutenant provides a statement during the investigation conducted promptly following a shooting incident and then is later interviewed by the Employer's investigative agency as part of an investigation related to such incident, the Lieutenant shall be provided with a copy of the portion of any official report that purportedly summarizes his/her prior statement before the interview.
Section 6.3 Non-Adoption of Ordinance
The Employer shall not adopt any ordinance and the Department shall not adopt any regulation which prohibits the right of a Lieutenant to bring suit arising out of his/her duties as a Lieutenant.
Section 6.4 Photo Dissemination
No photo of a Lieutenant under investigation shall be made available to the mod ia prior to a conviction for a criminal offense or prior to an adverse decision being rendered by the Police Boaid.
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Section 6.5 Compulsion of Testimony
The Department shall not compel a Lieutenant under investigation to speak or testify before or to be questioned by any non-governmental agency relating to any matter or issue under investigation.
Section 6.6 Polygraph
No Lieutenant shall be disciplined for a refusal to take a polygraph examination, and the results of the polygraph examination shall not be admissible as evidence in proceedings before the Police Board or in any proceeding where the Lieutenant may appeal to the Police Board, unless by Illinois or federal court decision or statute such evidence shall become admissible before the Police Board.
In the event that the results of a polygraph examination become admissible as evidence before the Police Board and the Department determines a polygraph examination is necessaiy, the complainant will be requested to take a polygraph examination first. If the complainant refuses to take a polygraph examination, the accused Lieutenant will not be requested to take a polygraph examination. If the complainant takes the polygraph examination and the results indicate deception, the accused Lieutenant may be requested to take a polygraph examination covering those issues wherein the examiner determines that the complainant is truthful.
When the polygraph is used, the accused Lieutenant will be advised twenty-four (24) hours prior to the administering of the test, in writing, ofany questions to which the Department will request an answer.
Section 6.7 Disclosure
A Lieutenant shall not be required to disclose any item of his/her property, income, assets, source of income, debts or personal or domestic expenditures (including those ofany member of his/her family or household), unless such infonnation is reasonably necessaiy to monitor the performance ofthe Lieutenant's job or violations of reasonable Employer rules, statutes, ordinances or this Agreement. In the administration of fringe benefits applicable to all employees of the Employer, Lieutenants covered by this Agreement may be required to disclose any coverage they (including any member of their families or households) may have under health or medical insurance and the name and appropriate identification of the earner and coverage. Except for ethic statements legally required to be filed, the parties agree that the disclosure of such personal information shall not be made available for public inspection or copying because such would be an unwarranted invasion of personal privacy ofthe Lieutenant and/or is intended to otherwise be exempt from any state or local freedom of infonnation statute, ordinance or executive order.
Section 6.8 Media Information Restrictions
The identity of a Lieutenant under investigation shall not be made available lo the media, unless there has been a criminal conviction or an adverse decision has been rendered by the Police Board (or by the Superintendent where no appeal is taken to the Police Board). However, if the Lieutenant is found innocent, the Lieutenant may request and the Department shall issue a public statement.
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Section 6.9 Videotaping of Witness Testimony
The testimony of all witnesses in hearings conducted by the Police Board will be video recorded in addition to the current practice of stenographically recording their testimony. The videotape, written transcripts and all evidence will be forwarded to the Police Board members for their consideration and deliberations as part ofthe record. Additionally, the Employer shall amend the Municipal Code of Chicago, Section 2-84-030, to conform to this Section and also to provide as follows: "No member of the Board may participate in any disciplinary recommendation or action without having read the written record and having viewed the taped testimony ofthe witnesses upon which said recommendation or action is based."
Section 6.10 Affidavits
When an allegation of misconduct against a Lieutenant is initiated by a non-Department member, and the allegation is not of a criminal nature within the meaning of Section 6.1(E) shall secure an affidavit from the complainant. I f the complainant executes the affidavit, the investigation shall proceed as a Complaint Register investigation. If the complainant is anonymous or refuses to execute the affidavit, the investigative agency shall, subject to the provisions below, proceed in accordance with the provisions applicable lo Complaint Register investigations.
If the investigative agency determines to conduct a Complaint Register investigation where the complainant is anonymous or does not execute an affidavit, the appropriate official shall execute an affidavit stating that he/she has reviewed the evidence compiled in a preliminary investigation, and, based upon the sufficiency of the evidence, continued investigation of the allegation is necessary. For Civilian Office of Police Accountability and Inspector General cases, the "appropriate official" shall be the Commanding Officer of the Bureau of Internal Affairs. For Bureau of Internal Affairs cases, the "appropriate official" shall be the Chief Administrator of the Civilian Office of Police Accountability. If an affidavit is not executed by the Civilian Office of Police Accountability or the Bureau of Internal Affairs, the matter shall not be used by the Department with respect to any aspect ofthe Lieutenant's employment.
Section 6.11 Mediation
At any time during an investigation, but usually prior to an accused Lieutenant giving a statement, the parties may agree to mediate the resolution of the investigation. The "parties" shall mean the accused Lieutenant, with or without his/her Association representative, and the Employer through a representative of IAD or IPRA, as appropriate. Neither party is required to meet. The IAD/IPRA investigator assigned to the case will not be present.
During the mediation session IAD/IPRA shall serve the accused Lieutenant with a Not ice of Administrative Rights and a Notice of Charges and Allegations, which will include the rule violation and the factual basis therefore.
The parties shall discuss the allegations and the IA D's/IPRA's position regarding the finding ofthe case and the recommended penalty.
Statements made and information conveyed at the mediation session will not be used against the Lieutenant or included in the file at any later date. By accepting the agreed upon finding and
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recommendation, the accused Lieutenant is waiving his/her right to grieve or appeal the finding and the recommendation. The accused Lieutenant is not required to submit any statement or response. If the parties cannot reach an agreement, the process will continue.
If the parties agree on a penalty less than separation, it is binding on both parties. However, the Superintendent retains the right to seek separation of an accused Lieutenant.
ARTICLE 7 SUM MA R Y P UN ISIIMENT
Summary punishment action shall be considered as an alternative to formal disciplinary procedures, provided that in each such action the following shall apply:
The summary punishment which may be administered conforms to the "Notice to Supervisors Regard ing Progressive Discipline" as set forth in this Agreement as Appendix B and is limited to the following:
Reprimand; or
Excusing a Lieutenant for a minimum of one (1) day to a maximum of three (3) days without pay.
In all instances,_thc Summary Punishment shall be satisfied by deducting the equivalent of day(s) off without pay from the Lieutenant's accumulated elective time. The elective time shall consist of eight (8) hours for each day. Only in the event the Lieutenant does not have sufficient accumulated elective time will the Summary Punishment be satisfied by means of days off without pay.
The Department shall promulgate, maintain and publicize reasonable guidelines which will specify those acts, omissions or transgressions the violation of which will subject a Lieutenant to summary punishment action and the penalties for each such violation, which shall be uniformly applied.
Lieutenant is required following the initial interview where the investigative agency recorded the initial statement by a court reporter, the Lieutenant will be provided with a copy ofthe transcript of his/her initial statement before the subsequent interview.
ARTICLE 8 E MPLOY EESECURITY
Section 8.1 Just Cause Standar d
No Lieutenant covered by this Agreement shall be suspended, relieved from duty or disciplined in any manner without just cause.
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Section 8.2 File Inspection
The Employer's personnel files, disciplinary history files and completed inactive investigative files, except for information which the Employer deems to be confidential, shall be open and available for inspection by the affected Lieutenant during regular business hours.
Section 8.3 Limitation on Use of File Material
It is agreed that any material and/or matter not available for inspection, such as provided in Section 8.2, shall not be used in any manner or any forum adverse to the Lieutenant's interests.
Section 8.4 Use and Destruction of File Material
All Disciplinary Investigation Files, Disciplinary History Card Entries, the Employer's investigative agencies' disciplinary records, and any other disciplinary record or summary of such record, will be retained indefinitely by the Employer.
Any information of an adverse employment nature which may be contained in any unfounded or exonerated file shall not be used against the Lieutenant for any reason. A not sustained finding shall not be used against the Lieutenant in any disciplinary proceeding. Notwithstanding the above, Not Sustained files alleging criminal conduct, excessive force, or verbal abuse (as defined in Section 2-78-100 of the Municipal Code of Chicago), for a period of seven (7) years after the date ofthe incident or the date upon which the violation is discovered, whichever is longer, may be used in future disciplinary proceedings to determine credibility and notice. (Non-sustained files shall not be used in deteimining promotions or in making assignments).
A finding of "Sustained-Violation Noted, No Disciplinary Action" entered upon a Lieutenant's disciplinary record or any record of summary punishment may be used for a period of time not to exceed one (1) year and shall thereafter be removed from the Lieutenant 's disciplinary record and not used for disciplinary action. The Department's finding of "Sustained-Violation Noted, No Disciplinary Action" is not subject to the grievance procedure.
Information relating to a "preventable" traffic accident involving a Department vehicle may be used and/or considered in determining future discipline for a period of time not to exceed two (2) years from the date of such "preventable" traffic accident and shall thereafter not be used and/or considered in any employment action, provided there is no intervening "preventable" trafficaccident involving a Department vehicle, and if there is, the two- (2-) year period shall continue to run from the date of the most recent "preventable" traffic accident and any prior incidents which were determined to be "preventable" traffic accidents may be used and/or considered in employment actions. I n no event shall any prior "preventable" traffic accident five (5) or more years old be used and/or considered.
Section 8.5 Notification
In the event the Employer receives a subpoena or other legal process (excluding discovery material) requiring the inspection, tender or submission of personnel, disciplinary or investigative records and/or files (other than a grand jury subpoena or other subpoena or process which would preclude disclosure), the Employer will promptly notify the Lieutenant whose records have been
requested. However, failure to furnish such notice shall not in any way affect the validity ofany disciplinary action or personnel action taken by the Employer, provided that Unit 156-Lieutenants will not be barred from asserting and does not waive any rights a Lieutenant may have to inspect or to otherwise challenge the use of files under applicable rules, statutes or this Agreement, including Article 8.
ARTICLE 9 GRIEVANCE PROCEDURE
Section 9.1 Definition and Scope
The Superintendent's authority to suspend a Lieutenant, as set forth in Section 2-84-030 of the Municipal Code of Chicago, shall be increased from the current limit not to exceed thirty (30) days to a limit not to exceed three hundred and sixty-five (365) days. In cases where the Superintendent seeks a Lieutenant's separation from the Department, the Superintendent's current and past practice of suspending a Lieutenant for thirty (30) days and filing charges with the Police Board seeking a Lieutenant's separation will not change.
A grievance is defined as a dispute or difference between the parties to this Agreement concerning the interpretation and/or application ofthis Agreement or its provisions. The separation of a Lieutenant from service is cognizable only before the Police Board and shall not be cognizable under this procedure, provided, however, that the provisions of Article 17 shall be applicable to separations.
The grievance procedure provisions herein and the Police Board procedure are mutually exclusive, and no relief shall be available under both,.
Section 9.2 Procedures, Steps and Time Limits
A grievance may be initiated by Unit 156-Lieutenants or an aggrieved Lieutenant. Any Lieutenant shall have the right to present a grievance at any time, although it is understood that the Lieutenant should attempt to satisfy his/her concerns on an informal basis before invoking the procedure. In the event an informal resolution proves to be unsatisfactory, a grievance may be submitted electronically and shall be processed in accordance with this Agreement. Upon request, the grievant shall be represented by an appropriate Unit 156-Lieutenants representative, provided, however, the grievant Lieutenant may have the grievance ad justed without a Unit 156-Lieutenants representative, so long as such adjustment is not inconsistent with the provisions of this Agreement.
Step One: The grievant will first attempt lo resolve the grievance with the first exempt Commanding Officer in his/her chain-o'f-command. In the event a resolution is not reached and the grievant desires to formalize the dispute, a grievance shall be submitted electronically to the first exempt Commanding Officer in the grievant's chain-of-command and Unit 156-Lieutenants within ten (10) of the Lieutenant's working days following the events or circumstances giving rise to the grievance or when first known by the grievant, or forty (40) days, whichever period is shorter. A Unit 156-Lieutenants representative may accompany the grievant if requested by the grievant to attend any meeting with the exempt Commanding Officer regarding the grievance. The exempt Commanding Officer shall submit his/her decision electronically to the grievant and Unit 156-
Lieutenants within ten (10) of the exempt Commanding Officer's working days after the grievance was submitted.
Step Two: If the response at Step One is not satisfactory to the grievant, the grievant may pursue an adjustment through his/her designated representative by notifying Unit 156-Lieutenantsof his/her intent to pursue such grievance within ten (TO) days ofthe Step One response or within ten (10) days of the expiration ofthe response period in Step One, whichever is sooner. Unit 156-Lieutenants shall then determine whether in its opinion a valid grievance exists. Unless Unit 156-Lieutenants elects lo proceed, there shall be no further action taken under this procedure. If Unit 156-Lieutenants chooses to proceed, it may seek a resolution or adjustment of the grievance by submitting the grievance electronically to the Management and Labor Affairs Section within twenty (20) days of the Step One response or within twenty (20) clays of the expiration of the response period in Step One, whichever is sooner. Following a hearing on the issue, the Management and Labor Affairs Section shall submit its decision electronically toUnit 156-Lieutenants within ten(10) days of receiving the grievance. If the grievant is directed by the Employer to meet concerning his/her grievance at a time when the grievant is not scheduled to work, he/she shall be compensated for such time at the applicable rate provided for in this Agreement, provided that he/she shall not be compelled to attend a hearing on his/her regular day off without his/her consent.
Step Three: Within thirty (30) days of the receipt of the Step Two decision or Step Two decision due date, Unit 156-Lieutenants may refer the grievance to arbitration.
Section 9.3 Arbitration of Standard Grievances
Either party may seek arbitration. If the Employer desires to proceed to arbitration, Section 9.2 does not apply. If either party proceeds to arbitration, the following procedure shall apply:
Within ten (10) days, the Employer and Unit 156-Lieutenants shall attempt to mutually agree upon an Arbitrator. If they fail to agree, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Sen/ice. Within ten (10) daysafterreceipt of the list, the parties shall select an Arbitrator. Both the Employer and Unit 156-Lieutenants eachshall alternately strike names from the panel. The remaining person shall be the Arbitrator.
The Employer and Unit 156-Lieutenants, by mutual agreement, may submit the matter for mediation beforea Mediator,but mediation shall not be a pre-condition for arbitration. If the case is not resolved, the parties may exercise their right to arbitrate under this Section by request made by either party within thirty (30) days of the mediation. The Mediatorshall not be selected as the Arbitrator for the same case. The parties shall split evenly the cost ofthe Mediator's expenses and fees.
The Employer or Unit 156-Lieutenants, by mutual agreement, may submit the matter to expedited arbitration under the Expedited Arbitration Rules in Appendix C.
In all discipline cases, Complaint Register files shall be provided to Unit 156-Lieutenants within fourteen (14) days of a request for such files (unless exigent circumstances exist) by Unit 156-Lieutenants or Unit 156-Lieutenants representatives who are swom members of the Department, and these ind ividuals shall be allowed to use Department or I independent PoliceReview
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Authority copying equipment to copy the requested Complaint Register files, with appropriate supervision.
Within thirty (30) days of the ratification ofthis Agreement, theparties shall develop a roster of five (5) Arbitrators who shall commit to pre-scheduled hearing dates on a regular basis. From this roster the parties shall schedule a minimum of two (2) arbitration hearing dates per month, unless waived by mutual agreement. For each arbitration, the parties shall attempt to select the Arbitrator by mutual agreement. If they cannot select the Arbitrator by mutual agreement, they will alternatively strike names, with the party striking first to be determined by a coin toss, until one (1) Arbitrator remains, who shall then be notified of his or her selection. The parties shall make every effort (including the substitution of cases in the event of settlement or inability to try a case when scheduled) to ensure that such dates are not canceled. The parties agree to review the roster of arbitrators annually, and each party has the unilateral right to remove one arbitrator from the roster. I f one or more arbitrators are removed from the roster, the parties will mutually agree to a method to add arbitrators to the roster so that the roster will consist of five arbitrators. If, prior to the annual review, the roster of arbitrators is reduced to an even number (2 or 4), and the parties are unable to agree on an arbitrator for a specific case, the parties are unable to agree on an arbitrator for a specific case, the parties will request a panel of arbitrators from FMCS for that case. The parties will alternatively strike names from the FMCS panel until one Arbitrator remains, and the remaining Arbitrator will serve as the Arbitrator for the specific case at issue.
The parties shall avoid continuances. Requests for continuances are disfavored and shall be granted only upon showing good cause.
Section 9.3A Suspension Grievances
1. Suspensions of Ten (10) Days or Fewer
A Lieutenant who receives a recommendation for a suspension, not including Summary Punishment, for a period of ten (10) days or fewer, may file a grievance challenging and seeking review of that recommendation. Such grievances will be reviewed through a Summary Opinion, as described below, which shall be binding. The Summary Opinion process of review requires the Employer to provide a copy of the investigative file, including all internal reviews of the file, to Unit 15613 for review. An Arbitrator, selected by mutual agreement ofthe parties, will also receive the file from the Employer. 1
Unit 156B may file a three page report to the Arbitrator making any appropriate argument addressing the findings and/or the recommendation for discipline. The Employer may not file any argument nor respond to Unit 156B's argument unless asked lodoso by the Arbitrator.
The Arbitrator will review the argument and the complete file and will issue an award granting or denying the grievance in whole or in part. The award will include the basis for the Arbitrator's opinion and award. The award will be binding on the Employer, Unit 156B and the Lieutenant.
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The Lieutenant will not be required to serve any ofthe suspension until such time as the Arbitrators award is received. No further review of the Arbitrator's award is available under this Agreement.
The fees and expenses ofthe Summary Opinion Arbitrator shall be shared equally between the Employer and Unit 156B.
2. Suspensions of Eleven (11) to three hundred sixty-five (365) Days
A Lieutenant who receives a recommendation for suspension of eleven (11) to three hundred sixty-five (365) days, not including a suspension accompanied by a recommendation for separation, may file a grievance challenging and seeking review of that recommendation. Such grievances will be sent for full arbitration on an expedited basis.
The Employer will provide a copy ofthe complete investigative file, including all internal reviews ofthe file, to Unit 156B. An Arbitrator selected by.mutual agreement ofthe parties will conduct a "full" arbitration evidentiary hearing and will thereafter expeditiously issue an award. The award ofthe Arbitrator is binding on theEmployer, Unit 156B and the Lieutenant.
The Lieutenant will not be required to serve any of the suspension until such t ime as the Arbitrator's Award is received. No furtherreview ofthe Arbitrator's award is available under this Agreement. With respect to suspensions of between 31 'and 365 days, the provisions that the Lieutenant not have to serve the suspension until such time as the Arbitrator's award is received is contingent upon the Union's compliance with Appendix P
Section 9.4 Authority of Arbitrator
A. Except as specified in subsection (B), the Arbitrator shall have no right to amend, modify, nullify, disregard, add to or subtract from the provisions ofthis Agreement. The Arbitrator shall only consider and make a decision with respect to the specific issue or issues presented to the Arbitrator and shall have no authority to make a decision on any other issues not so submitted. The Arbitrator shall submit, in writing, his/her decision to the Employer and to Unit 156-Lieutenants within thirty (30) days following the close of the hearing, unless the parties agree to an extension thereof. Ihe decision shall be based upon the Arbitrator's interpretation of the meaning or application of the terms ofthis Agreement to the facts of the,grievance presented and shall be final and binding upon the parties.
B.
1 fa Lieutenant who has not executed the authorization form provided for in Section 3.2.A of this Agreement, or who has revoked the authorization form, requests Unit 156-Lieutenants to use the grievance and arbitration procedure on the Lieutenant's behalf, Unit 1 56-Lieutenants may charge the Lieutenant the reasonable costs of using the procedure. The Employer shall play no role in determining the reasonable costs of using the procedure, or in collecting the costs from the Lieutenant. Nothing in this section shall require the Employer to deal with any individual not affiliated with the Union in connection with the grievance. 1
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C. With respect to grievances challenging the recommended discipline of Lieutenants for non-criminal misconduct, the Employer and Unit 156B mutually acknowledge the principle that investigations of suspected employee misconduct are to be carried out on a timely basis, and that unwarranted delays in completing disciplinary investigations may prejudice the employee's ability to respond to or defend against allegations of misconduct. Accordingly, the Arbitrator is vested with specific authority to inquire into the reason(s) for any delay in completing an investigation, whether the Lieutenant has been harmed by the delay in the investigation and, further, the parties mutually acknowledge that the Arbitrator, in the process of applying the tenets ofthe "just cause" principle, possesses the authority to reverse or reduce any disciplinary penalty where the evidence demonstrates that a disciplinary investigation was unreasonably delayed and that a Lieutenant was prejudiced thereby.
Ef fective for disciplinary investigations concluding ninet y (90) days after the date of ratification ofthis collective bargaining agreement, in the event the Employer recommends a disciplinary penalty upon a Lieutenant as a result of a disciplinary investigation that took more than eighteen (18) months to conclude, as measured from the date on which the disciplinary investigation was opened, upon request of Unit 156B, the Arbitrator, who shall be the same Arbitrator selected to hear the merits of the disciplinary penalty, shall convene a hearing, preliminary lothe hearing on the merits, to determine whether there was a reasonable basis for the investigation to take longer than eighteen (18) months. At this preliminary hearing the Employer shall bear the burden of demonstrating the existence of reasonable cause. "Reasonable cause" may include, but is not limited to, such factors as unavailability ofthe accused Lieutenant or a critical witness, delays attributable to the Lieutenant or his or her attorney, the unusual complexity ofthe matter under investigation, the need to investigate claims or new evidence arising in the course of the investigation, the pendency of a criminal investigation involving the matter under investigation, the pendency of civil litigation involving the matter under investigation, etc. If the Arbitrator determines there was reasonable cause for the investigation to take longer than eighteen (18) months, the Arbitrator shall proceed to the hearing on the merits ¦¦ ofthe disciplinary penalty against the Lieutenant.
Nothing in this sub-section C shall apply in any instance where the allegation against the Lieutenant is of a criminal nature within the meaning of Section 6.IE.
Section 9.5 Expenses of Arbitrator
The fees and expenses of the Arbitrator shall be borne by the party whose position is not sustained by the Arbitrator. The Arbitrator, in the event of a decision not wholly sustaining the position of either party, shall determine the appropriate allocation of his/her fees and expenses. Each party shall be responsible for compensating its own representatives and witnesses. The cost of a transcript, where requested by either party, shall be paid by' the party so requesting it. The party requesting a cancellation, rescheduling or other postponement of a set hearing date shall pay the Arbitrator's cancellation fee.
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Section 9.6 Processing and Time Limits
The resolution of a grievance satisfactory to Unit, 156-Lieutenants at any step shall be deemed a final settlement, and any grievance not initiated or taken to the next step within the time limit specified herein will be considered settled on the basis ofthe last answer by the Employer. The time limits specified in this Article may be extended or waived by mutual agreement. Grievances may be initiated at any appropriate step corresponding with the nature of the grievance and the manner in which it arose.
ARTICLE 9A ; MEDICAL GRIEVANCES
Section 9A.1 Psychological Review
Grievances concerning involuntary removal from active duty due to psychological or psychiatric reasons will comply with the following procedures:
Step One: A Lieutenant who wants to challenge the Employer's decision to place him/her involuntarily on the medical roll will file a grievance with the Medical Administrator within ten (10) calendar days of being placed on the medical roll, or, if the Lieutenant was on authorized furlough during his/her involuntary placement, within thirty-five (35) calendar days of being placed on the medical roll or within thirty-five (35) calendar days of the Lieutenant on furlough being notified of placement on the medical roll. '
If the Employer's psychiatrist/psychologist recommends that the Lieutenant is fit for full duty and also was fit when he/she was involuntarily placed on the medical roll due to psychological or psychiatric reasons, the Lieutenant shall have any paid medical time used during such period of being involuntarily placed on the medical roll restored and will be made whole for lost pay and other benefits to which he/she is entitled.
Step Two: For a Lieutenant who has filed a timely grievance at Step One and/or when the Employer's psychiatrist/psychologist recommends that the Lieutenant is unfit for full duty and was also unfit when he/she was involuntarily placed on the medical roll due to psychological or psychiatric reasons, upon written request made by Unit 156-Lieutenants within ten (10) calendar days of notice to the Lieutenant that he/she is unfit for duty, Unit 156-Lieutenants may file a grievance at Step Two and may request review of that decision by a three- (3-) member psychological review panel. The Lieutenant shall, as promptly as feasible, be evaluated by a panel of three (3) psychiatrists or psychologists, one (1) appointed by Unit 156-Lieutenants, one (1) appointed by the Employer and a third knowledgeable about police duties appointed by mutual agreement ofthe Employer's and Unit 156-Lieutenants' psychiatrist or psychologist. This panel shall have the authority lo examine and evaluate the Lieutenant and recommend whether the Lieutenant is fit for duty. In making its recommendations, the primary considerations ofthe panel shall be the protection and safety of, and need for effective service to, the public. These considerations shall prevail over all others in any case of'a conflict of interests between the Lieutenant and the Employer.
I f the panel recommends that the Lieutenant is fit for duty and was also fit when he/she was placed involuntarily on the medical roll due to psychological or psychiatric reasons, then the
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Lieutenant shall have any paid medical time used during such involuntary period on the medical roll restored and will be made whole for lost pay and other benefits to which he/she is entitled.
If the panel determines that the Lieutenant was unfit for duty at the time he/she was involuntarily placed on the medical roll, but became fit for duty sometime thereafter, the panel shall identify the point at which the Lieutenant was fit for duty, and the Lieutenant will be made whole for lost pay and benefits from the date that the panel determined he/she was fit for duty.
Each party shall bear the full cost of the panel member appointed by it, with the cost ofthe mutually appointed panel member to be split equally between the parties. The recommendations of the panel shall be binding upon the Employer, Unit 156-Lieutenants and the Lieutenant.
Section 9A.2 Medical Grievances
Grievances concerning medical issues (excluding issues covered under Section 9A.1) shall follow the procedure below. Medical issues are defined as grievances involving medical issues, including, but not limited to, the non-payment of injury1 on duty ('TOD") bills, removal of a Lieutenant from duty for medical reasons, refusal to return a Lieutenant to duty from the medical roll, classification of an injury as non-IOD and the Benefits Management Office's denial ofpayment of medical and hospital bills of a Lieutenant or his/her covered dependents under the Employer's self-funded health care plan.
Step One: Initiating a Medical Grievance. Grievances concerning the Benefits Management Office's denial of payment of medical and hospital bills will be filed with the Management and Labor Affairs Section within ten (10) working days following the events or circumstances giving rise to the grievance or when first reasonably known by the grievant.
All other grievances concerning medical issues will be filed with the Medical Administrator within ten (10) working days following the events or circumstances giving rise to the grievance or where first known by the grievant, but in no event later than thirty-five (35) calendar days following the events or circumstances giving rise to the grievance or within thirty-five (35) days of a Lieutenant on furlough being notified of the events or circumstances giving rise to the grievance. If the determination at StepOne is not satisfactory, Unit 156-Lieutenants may by written request made within fifteen (15) days ofthe Step One response or the expiration ofthe period for said response submit the matter for mediation.
Step Two: Mediation of Medical Grievances. At mediation, representatives of Unit 156-Licutcnants, the Department, the Benefits Management Office andthe Committee on Finance ofthe City Council of the City of Chicago shall participate as needed. Any settlements reached in the mediation proceedings shall be binding upon the parties. Medical mediation sessions shall occur each thirty (30) days, unless waived by mutual agreement. The parties shall split evenly the cost of the Mediator's fees and expenses.
The grievant shall be provided withthe relevant medical records within the possession ofthe Medical Services Section, the Committee on Finance, the Benefits Management Office and the Management and Labor Affairs Section. A release shall be required for production of medical records. The relevant medical records shall include the Medical Administrator's determination of the grievant's status and the response to the grievance. The above records shall be submitted to Unit
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156-Lieutenants by the Department within forty-five (45) days ofthe Department's receipt of Unit 156-Lieutenants' releases and mediation agendasetting forth the grievants' names. Relevant records from the Medical Services Section, the Committee on Finance, the Benefits Management Office and the Management and Labor Affairs Section shall be provided as stated above and throughout the grievance process until the grievance is fully resolved.
Relevant documents to be produced by the Benefits Management Office in mediation are limited to medical records, claim forms, medical bills, explanations of benefits and recommendations to and the decision of the Benefits Committee regarding the claim. This definition of relevant records to be produced by the Benefits Management Office does not preclude Unit 156-Lieutenants from subpoenaing additional relevant documentation in response to the scheduling of an arbitration of a grievance.
Step Three: Arbitration. Tf the grievance is not resolved at Step Two, Unit 156-Lieutenants, upon written request within thirty (30) days of the date of mediation, may demand arbitration. The Mediator shall not be selected as the Arbitrator for the same case. The arbitration hearing shall be scheduled to commence within thirty (30) days of the selection of the Arbitrator, unless the parties agree otherwise. Within ten (10) days of Unit-156 Lieutenants' demand for arbitration, the Employer and Unit 156-Lieutenants shall attempt lo mutually agree upon an Arbitrator. If they fail to agree, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service. Within five (5) days after receipt of the list, theparties shall select an Arbitrator. Both the Employer and Unit 156-Lieutenants shall alternately strike names from the list. The remaining person shall be the Arbitrator.
ARTICLE 10 NON-DISCRIMINATION
Section 10.1 Equal Employment Opportunity
The Employer will continue to provide equal employment opportunity forall Lieutenants and to develop and apply equal employment practices.
Section 10.2 Non-Discrimination !
The Employer shall not discriminate against a Lieutenant with regard to race, color, sex, religion, age (40-63) or national origin ofthe Lieutenant nor shall the Employer discriminate against Lieutenants as a result of membership in Unit 156-Lieutenants. Nothing contained in this Agreement shall be deemed to preclude the mandatory retirement ofany Lieutenant upon orafterthe attainment of age sixty-three (63). Lieutenants shall not be transferred, assigned or reassigned for reasons prohibited by this Section.
Section 10.3 Religious Holiday Accommodation
The obligation to accommodate the religious beliefs of Lieutenants covered by this Agreement is fulfilled if those Lieutenants whose religious beliefs require that they not work, but who are scheduled to work, on a recognized religious holiday are permitted at the Lieutenants' option one ofthe following choices in order lo be excused fi;om their regular tours of duty: (a) the use of elective time or (b) excused from duty non-disciplinary (Code 89). This option may be
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applied for certain recognized religious holidays of faiths whose tenets require abstinence from work, subject to the determination of the Commanding Officer that this accommodation does not unduly interfere with operational needs. |
Section 10.4 Americans with Disabilities Act
Jn the event the Employer shall be required to make a reasonable accommodation under the Americans with Disabilities Act to the d isability of an applicant or incumbent Lieutenant that maybe in conflict with the rights of a Lieutenant underthis Agreement, the Employer shall bring this matter to the attention of Unit 156-Lieutenants. In the event the parties cannot reach an agreement on such accommodation, the provisions of Article 9 shall be available, and the Arbitrator shall consider the Employer's and Unit 156-Lieutenants' (if any exist) obligations under the Americans with Disabilities Act and this Agreement, provided that no Lieutenant shall be displaced by such decision.
ARTICLE II HOLIDAYS
Section 11.1 Designated Holiday
The Employer agrees that the following days shall be considered holidays:
New Year's Day ] January
Martin Luther King, Jr.'s Birthday Third Monday in January
Lincoln's Birthday "' 12 February
Washington's Birthday Third Monday in February
Pulaski Day First Monday in March
Community/Police Partnership Day Last Saturday in April
Memorial Day Last Monday in May
Independence Day 4 July
Labor Day First Monday in September
Columbus Day Second'Monday in October
Veteran's Day 1 1 November
Thanksgiving Day Fourth Thursday in November
Christmas Day 25 December
Section 11.2 Compensation for Holidays
Compensation for the holidays listed in Section I 1.1'is granted as follows:
Lieutenants who are required to work a regular tour of duty [eight (8), eight and one-half (8 Vi), or ten (10) hours] on a holiday will be credited with twelve (12), twelve and three-quarters (12.75) or fifteen (15)hours of compensatory time or additional pay as the Lieutenant elects.
Lieutenants whose regular day off coincides with an established holiday will be credited with eight (8). eight and one-half (8 '/¦>) or ten (TO) hours of compensatory time.
Lieutenants whose regular day off coincides w^ith an established holiday and who ate required to work a regular tour of duty [eight (8), eight and one-half (8 V2), or ten (10) hours] on that
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holiday will be credited with twenty-four (24), twenty-five and one-half (25.5), or thirty (30) hours of compensatory time or additional pay as the Lieutenant elects.
All hours in excess of a regular tour of duty on a holiday will be compensated in accordance with the provisions of Article 20.
Compensatory time will not be credited to a Lieutenant on a holiday if the Lieutenant is on the medical roll (excluding IOD), absent due to sickness or death in the family, on military leave, suspended, excused non-disciplinary or on a leave of absence.
Section 11.3 Personal Day
For each calendarycar, Lieutenants shall be entitled to receive, in addition tothedays specified in Section I 1.1, six (6) personal days. Subject to the limitations set forth in subsection (B), Lieutenants shall not be required to work on a personal day, provided that written notice of the personal day is given to the appropriate superior no later than ten (10) days prior to the personal day.
The following limitations apply to the scheduling of personal days:
A holiday specified in Section 11.1 may not be selected as a personal day.
Prior to December 15 of the preceding year, the Department may identify up to three (3) dates for each watch during which personal days may not be scheduled, provided that the operation of this paragraph shall not result in more thanthree (3) denials for any Lieutenant duringthe course of a calendar year.
Notwithstanding paragraph 2, the Department retains its existing right to deny a personal day in response to sudden or unexpected events or circumstances that customarily would require maximum sworn staffing levels. I f the Department intends lo exercise this right, the Department shall provide Unit 156B - Lieutenants with twenty-one (21) days' notice of its intent or as much notice as is possible given the events or circumstances at issue.
Lieutenants may elect to be paid for six (6) unused personal days per year in lieu of taking the time off. Where Lieutenants elect such payment, the payment shall be made by April 1 of t he following year. Lieutenants may carry over six (6) unused personal days for use in the following year.
Any dispute within a Unit as to the selection of a personal-day shall be resolved by seniority as defined in Section 23.1(A).
Section 11.4 Special Compensation T ime
If, as a result of a declaration by the Mayor, all employees ofthe Employer except for police and fire employees are given a day off or portion thereof with pay. then all Lieutenants who are
required to work during such excused lime shall be given compensatory time offal a straight-time rate equivalent to the hours worked during such excused time.
Section 11.5 Holiday Declaration
To the extent that any additional holiday is declared by federal, state or municipal authority during the term ofthis Agreement, and such holiday is granted to any employee of the Employer, then said holiday shall be incorporated into Section 11.1 andjCompensated for as provided in Section I 1.2.
ARTICLE 12 HEALTH INSURANCE AND RELATED BEN EI IT S
Section 12.1 Medical, Dental and Flexible Spending Account Plans
The Employer's medical and dental plans are incorporated by reference into this Agreement and described in Appendices D, E, F, G, H, I and J.
The Employer shall provide Lieutenants with the opportunity to enroll in a Flexible Spending Account ("FSA") plan, which will permit Lieutenants to fund, on a pre-tax basis, an individual account that the Lieutenant may use to pay for qualified unreimbursed medical expenses, as provided under Section 213 of the Internal Revenue Code. Subject to Internal Revenue Service regulations, the FSA plan will allow participants to pay the following qualified expenses on a pre-tax basis: dental expenses; vision expenses; health plan contributions, deductibles and co-payments; prescription drug co-payments and payments for over-the-counter drugs; and other unreimbursed medical expenses. Participation is voluntary, and participants may contribute up to $5000.00 annually on a pre-tax basis, which will be deducted pro-rata each payroll period. Lieutenants may enroll in the FSA plan or change the amount of their elections once per year during open enrollment or when they have a change in family status. As mandated by the Internal Revenue Code, a "use it or lose it" rule applies to Section 125 plans. During open enrollment, the parties will engage in a joint educational campaign to inform Lieutenants ofthe benefits ofthe FSA plan and otherwise increase employee participation in such plan.
The medical plan (health insurance plan) shall consist of two (2) separate alternative coverages—a PPO plan ("PPO") and two (2) HMO plans ("HMO"). In the event that a new health care plan becomes available to the Employer during a plan year, the Employer shall have the right to include that new plan in the plan alternatives upon reasonable prior notice to and discussion with Unit 156-Lieutenants.
The Employer shall make available to Lieutenants and their eligible dependents summaries of the benefits provided by the Employer's health care plan either electronically or in print with the cost ofany printing to be borne by the Employer.
The plans for both medical and dental benefits, including the provisions on eligibility and self-contribution rules and amounts in effect as ofthe date ofthis Agreement, may not be changed by the Employer without the agreement of Unit 156-Lieutenants: however, any changes during the term of this Agreement relating to health care (including, but not limited lo, changes in employee contributions, deductibles or out-of-pocket limits') agreed to with Lodge 7 and applicable to
bargaining unit members represented by Lodge 7 or Fire Captains represented by Local 2, shall be applicable to Lieutenants covered by this Agreement. Any increases in deductibles or out-of-pocket limits affecting the higher health care contribution band shall not exceed an increase in deductibles or out-of-pocket limits for the lower health care contribution band.
The Employer agrees to make available to the following other persons the above-described hospitalization and medical program and the dental plan: Lieutenants who retire on or after age sixty (60) and their eligible dependents; widows and children of Lieutenants killed in the line of duty; former Lieutenants on pension disability (both duty and occupational) and their eligible dependents; and widows and children of deceased Lieutenants who were formerly on pension disability (both duty and occupational). The Employer will contribute the full cost of coverage for any ofthe above-enumerated Lieutenants who elect coverage under any plan or plans. However, coverage under a plan for such Lieutenants shall terminate when a Lieutenant cither reaches the age for full Medicare eligibility under federal law or ceases to be a dependent as defined in a plan, whichever occurs first. After a Lieutenant reaches the age for full Med icare eligibility, the Lieutenant shall be covered under the medical program for annuitants, provided the person pays the applicable contributions.
Section 12.2 Chicago Labor-Management Trust
Unit 156-Lieutenants commits to becoming a signatory labor organization of the labor-management cooperation committee known as the Chicago Labor-Management Trust ("Trust"). Upon the ratification of this Agreement, Unit 156-Lieutenants agrees to meet with the Employer and representatives from the signatory labor organizations to the Agreement and Declaration of Trust establishing the Trust ("Trust Agreement") for the purpose of determining Unit 156-Lieutenants' representation within the Trust and the guidelines and procedures to be used in expanding the Trust to include the members of the bargaining unit. The parties contemplate that Unit 156-Lieutenants shall have at least one (1) Trustee appointed to the Trust. After Unit 156-Lieutenants becomes a signatory labor organization to the Trust, Unit 156-Lieutenahts shall be afforded the same right to withdraw from the Trust as is granted to any other signatory labor organization pursuant to the Trust Agreement.
Section 12.3 Health Care Reopener
A. Each party reserves the right to reopen this Agreement to negotiate the health care
plan set forth in this Agreement for the following reasons:
Any change in the applicable laws, including a universal, national orstate healthcare program, mandating significant changes in health insurance benefits that becomes law and is effective during the term ofthis Agreement and that affects the health care benefits offered to bargaining unit members; or
The lack of achievement of health care cost containment as anticipated by the parties pursuant to the formation and administration ofthe Trust referenced in Section 12.2 and as defined in the Trust Agreement.
B. I f any one oi' the foregoing events or conditions occurs, either party has thirty (30)
daysto notify the other party in writing of its intent to reopen this Agreement lo negotiate thehealth
care plan set forth in this Agreement. Thereafter, the parties have ninety (90) days within which to reach an agreement.
C. In the event that this Agreement is reopened to negotiate the health care plan, the health care plan in effect at the time the Agreement is reopened shall not be changed by the Employer without the written consent of Unit 156-Lieutenarits. I (The parties are unable to agree on modifications to the health care plan, the dispute shall be submitted to interest arbitration in accordance with Section 28.3(B).
Section 12.4 Ambulance Fees
Lieutenants and their eligible dependents and retirees and their spouses will be exempt from fees for emergency medical services performed by the Chicago Fire Department.
ARTICLE 13 LAYOFFS AND RE-EMPLOYMENT
Section 13.1 Priority of Layoffs
No Lieutenant in the bargaining unit shall be laid off until all swom police officers (including probationary police officers) have been laid off. ;
Section 13.2 Notice of Layoffs
When there is an impending layoff with respect to any Lieutenants in the bargaining unit, the Employer shall inform Unit J 56-Lieutenants, in writing, no later than thirty (30) days prior to such layoff. The Employer will provide Unit 156-Lieutenants with the names of all Lieutenants to belaid off prior to the layoff. Lieutenants shall be laid off in accordance with their seniority (i.e., time in grade). The Lieutenants with the least amount of seniority shall be laid off first. All Lieutenants shall receive notice, in writing, ofthe layoff at least thirty (30) days in advance ofthe effective date of such layoff.
Section 13.3 Recall
Any Lieutenant who has been laid off shall be placed on the appropriate reinstatement list and shall be recalled on the basis of seniority, provided the Lieutenant is fully qualified to perform the work to which he/she is recalled without further specialized training. No Sergeant shall be promoted to Lieutenant while a Lieutenant is on layoff. Any Lieutenant who has been laid off shall receive when recalled the salary rate that would have been received by the Lieutenant had the Lieutenant never been laid off.
ARTICLE 14 BULLETIN BOARDS
The Employer shall provide Unit 156-Lieutenants with designated space on available bulletin boards, or provide bulletin boards on a reasonable basis where none are available, upon which Unit 156-Lieutenants may post its notices.
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ARTICLE 15 SAFETY ISSUES
Section 15.1 Cooperation
The Employer and Unit 156-Lieutenants agree to cooperate lo the fullest extent reasonably possible to promote the use of safe equipment and facilities!
Section 15.2 Safety Committee 1
Unit 156-Lieutenants and the Employer shall establish a Safety Committee composed of one (1) Sergeant, one (1) Lieutenant and one (1) Captain designated by Unit 156-Lieutenants and up to three (3) members designated by the Employer. The Committee shall meet at least semi-annually, unless waived by mutual agreement, or more frequently by mutual agreement, for the purpose of discussing and investigating safety and health issues relating to Lieutenants and to recommend reasonable safety and health criteria relating to equipment and facilities. Formal recommendations of the Committee shall be submitted, in writing, to the Superintendent or his/her designee with a copy to Unit 156-Lieutenants, but such recommendations shall not be binding upon the Employer or Unit 156-Lieutenants. In addition to Committee recommendations, Unit 156-Lieutenants may submit additional written recommendations to the Superintendent.
For purposes of this Section, the term "investigating', shall be limited to the right of Unit 156-Lieutenants Committee members to obtain information upon request, receive minutes of other Department safety meetings (if any), observe conditions regarding identified safety and health hazards and discuss such matters with Lieutenants and members of management, provided such discussions do not unduly interfere with the performance ofduty by any Lieutenant or Committee member.
In the event the Employer agrees, in writing, to adoptthc recommendation of the Committee or Unit 156-Lieutenants, the recommendation shall be implemented within a reasonable period of time, unless the failure to implement in a timely fashion was beyond the reasonable control ofthe Employer. However, no monetary relief shall result from the failure to implement any such recommendation.
I f the Superintendent or the Superintendent's designee d isagrees with the recommendation of the Committee or Unit 156-Lieutenants, he/she shall so'notify the Committee or Unit 156-Lieutenants in writing within ten (10) days. Within ten (10) calendar days of such notice, Unit 156-Licutcnants may request arbitration ofany such dispute if such dispute raises a good faith issue regarding the use of equipment or materials which are alleged to present a serious risk to the health or safety of a Lieutenant beyond that which is inherent in the normal performance ol" police duties. The decision of the Arbitrator under this Section shall be advisory only and shall not be binding upon the Employer, provided that this procedure shall not be exclusive and shall not affect the right of a Lieutenant or Unit 156-Lieutenants to invoke Article 9 where otherwise appropriate. No such advisory opinion shall constitute a determination ofthe existence ofany safety or health hazard under this Agreement nor shall any such advisory opinion be introduced in any proceeding under Article 9.
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Section 15.3 Disabling Defects
No Lieutenant shall be required to use any equipment that has been designated by both Unit 156-Lieutenants and the Employer as being defective because of a disabling condition, unless the disabling condition has been corrected. When an assigned Department vehicle is found to have a disabling defect or is in violation of the law, the Lieutenant will notify his/her supervisor, complete required reports and follow the supervisor's directions relative to requesting repairs, replacement or the continued operation of said vehicle.
Section 15.4 Notices
The Employer shall post all safety and health notices required by law in conspicuous places where notices to employees are customarily posted.
ARTICLE 16 SECONDARY EMPLOYMENT
Lieutenants, including those engaged in secondary employment as of the effective date of this Agreement, must submit a form developed by the Chicago Police Department prior to engaging in secondary employment, giving notice ofthe place of secondary employment and the time and hours of said employment.
The Special Employment Program is a voluntary program that allows Lieutenants to work on their days off for the Department at therate of one and one-half times theLieutenant's usual salary.
The Employer reserves the right to restrict secondary employment when it has reasonable cause to believe that the number of hours which the Lieutenant spends on secondary employment is adversely affecting his/her performance. The Employer retains the existing right to limit, rest rict or prohibit the nature or type of secondary employment that a Lieutenant undertakes. No Lieutenant on the Medical Roll may engage in secondaiy employment.
No Lieutenant will be allowed to work, including work for a secondary employer, in excess of 16 hours in any 24-hour period unless ordered by the Department.
ARTICLE 17 UN IT 156-LIEUTENANTS REPRESENTATIVES
For the purposes of administering and enforcing the provisions of this Agreement, the Employer agrees as follows:
Section 17.1 Meeting Participation and Scheduling
The Employer recognizes and agrees lo meet wilh Unit 156-Lientenanls' representatives relating lo matters covered by this Agreement. Meetings shall occur al reasonable times by mutual agreement. The names of designated representatives shall be certified to the Employer, in writing, by Unit 156-Lieutenants.
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Section 17.2 Unit 156-Lieutenants Representatives
For purpose ofthe administration and operation of Unit 156-Lieutenants, and for the purpose of conducting union business for Unit 156-Lieutenants, the Employer shall grant designated officers of Unit 156-Lieutenants paid time off to be used in a manner determined by Unit 156-Lieutenants. During such paid time off, the Employer shall continue to pay the Lieutenant all salary and maintain all benefits, including pension contributions and seniority accruals, as if the Lieutenant were on duty with the Employer, provided that Unit 156-Lieutenants reimburses the Employer an amount equal to the paid time off for said salary and benefits. Paid time off shall not exceed twenty-five hundred (2500) hours per year. '
Section 17.3 Attendance at Unit 156-Lieutenants Meetings
Subject to emergencies and the need for orderly scheduling, the Employer agrees that elected officials and members of the Board of Directors of Unit 156-Lieutenants shall be permitted reasonable time off, without loss of pay, to attend general, board or special meetings of Unit 156-Lieutenants, provided that at least forty-eight (48) hours' notice of such meetings shall be given, in writing, to the Employer, and provided further that the names of all such officials and Lieutenants shall be certified, in writing, to the Employer. 1
Elected officials and members ofthe Board of Directors may be excused for an entire tour of duty to attend general, board or special meetings up to a maximum of four (4) tours of duty per official/member per year.
Section 17.4 Grievance Processing
Reasonable time shall be permitted Unit 156-Lieutenants representatives for the puipose of aiding, assisting or otherwise representing Lieutenants in the handling and processing of grievances or exercising other rights set forth in this Agreement, and such reasonable time shall be without loss ofpay.
Section 17.5 Attendance at State and National Conferences
Subject to staffing needs, a maximum of eight (8) appointed or elected delegates will be permitted to attend state and national conferences ofthe Policemen's Benevolent & Protective Association of Illinois and the National Association of Police Organizations. Such conference time shall be equal to the duration of the conference plus reasonable travel time to and from such conference.
A maximum of eight (8) appointed or elected delegates of Unit 156-Lieutenants will be'permitted to attend state and national conventions ofthe Policemen's Benevolent & Protective Association of Illinois and the National Association of Police Organizations with pay. Such convention time shall be equal to the duration of the convent ion plus reasonable travel lime to and from such convention up to a maximum of seven (7) days every two (2) years.
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Section 17.6 Unit 156-Lieutenants Negotiating Team
Up to three (3) members designated as being on the Unit 156-Lieutenants negotiating team shall, for the purpose of attending scheduled negotiations, be excused from their regular duties without loss of pay. If a Lieutenant is in day-off status on the day of negotiations, the Lieutenant will not be compensated for attending the session.
Section 17.7 Unit 156-Lieutenants Activity
The Employer shall not prohibit discussion, solicitation or distribution of literature among Lieutenants covered by this Agreement with respect to matters concerning Unit 156-Lieutenants affairs, unless such activity interferes with the performance ofthe duties ofany employee or with the orderly and efficient operations of the Employer, or unless it interferes with the transaction of business by the public with the Employer.
ARTICLE 18 D IS ABILITY IN COME
Section 18.1 IOD
Any Lieutenant absent from work on account of an IOD for any period of time not exceeding twelve (12) months shall receive for each such IOD full pay and benefits for the period of absence, provided such injury or illness is certified by theMedical Administrator. Such certification shall not be unreasonably withheld.
Lieutenants who have exhausted said twelve (12) month paid IOD leave shall be given the option to go voluntarily on non-paid medical leave instead of disability pension, provided as follows:
The Lieutenant must exhaust all furlough, personal days, Baby Furlough Days and accumulated compensatory time;
Such non-paid leave shall continue for no more than three (3) months, plus an extension of no more than three (3) months, and shall not be granted or extended, unless the Employer determines that the Lieutenant is likely to return to duty within the period ofthe leave or extension thereof; and
Such non-paid leave shall be subject to Section 23.1 (B) and shall not be deemed duty disability leave.
Section 18.2 Non-IOD
Any Lieutenant absent from work on account ofa non-IOD injury or illness for any period of time not exceeding twelve (1'2) months in any twenty-four (24) consecutive month period shall receive full pay and benefits for the period of absence, provided such injury or illness is certified by the Medical Administrator. Such certification shall not be unreasonably withheld.
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Section 18.3 Certification
Certification that a Lieutenant has been injured in the line of duty shall not be unreasonably withheld.
Section 18.4 Return to Duty i
In order to enable Lieutenants applying to return from leave for injury or illness to be processed back to duty as soon as possible, the Employer shall advise such Lieutenants in advance of the records needed and other requirements they must meet in order to pennit such return. The Employer must consider medical records and reports from legally qualified practitioners of the healing arts acting within the scope of their licenses, including, but not limited to, chiropractors, in its determination of whether a Lieutenant is fit to return to duty.
If the Employer requires and specifies certain additional medical tests to be performed and passed as a condition of the Lieutenant's return, and said tests were not, and arc not normally, performed in the normal course of appropriate medical treatment for the illness or injury involved, then the Employer shall, at its option, either provide the test or reimburse the Lieutenant for the cost of both the test and any required record thereof to the extent that such cost is not covered by insurance.
The Employer shall not require a physician's certificate as a condition of return to duty from medical leave lasting three (3) days or less, except for good cause.
Section 18.5 Advisory Committee
The Employer and Unit 156-Lieulenants shall establish a joint Committee to develop solutions to problems of medical leave cost and abuse. The Committee shall be advisory only.
Section 18.6 Injuries on Duty and Recurrence Claims
The Employer and Unit 156-Lieutenants have agreed upon procedures which will be followed by the Medical Services Section when a Lieutenant reports an injury on duty or a recurrence of an injury on duty. Those procedures are set forth in Appendix K.
Section,18.7 Employer Responsibility for Hospital, Medical and Prescription Costs and Pension Contributions
The Employer agrees lo pay all hospital, medical and prescription costs of a Lieutenant who is on a leave of absence for duty or occupational disability purposes, all at no cost to the Lieutenant. The Employer shall make pension contributions on behalf of the Lieutenant as if the Lieutenant had remained in active service.
Section 18.8 Medical Benefit Statement
Upon the written request of a Lieutenant who is injured or who becomes ill in the perfonnance of his/her duties, the Employer will provide a written statement showing the period of absence and the amount of salary received during the period of absence due to such injury or illness.
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Upon the written request of a Lieutenant on a leave of absence for ordinary, occupational or duty disability pension, the Employer will provide a statement covering the period of absence prior to retirement and the amount ofthe disability benefit received by the Lieutenant during said period. Any statements for any calendar year required of the Employer under this Section will be provided only once.
ARTICLE 19 BEREAVEMENT LEAVE
Section 19.1 Death in Family
The Employer agrees to provide to Lieutenants leave without loss of pay, as the result of a death in the family, not to exceed three (3) consecutive days (except for brother-in-law and sister-in-law, which shall be for the day ofthe funeral only), including regularly scheduled days off, within the fourteen (14) calendar days immediately following the death of a member of the immediate family.
Annual and time-due furlough will not be extended as a result of a death occurring in the Lieutenant's immediate family during such furlough, unless the death occurs during the last three(3) days of the furlough period, at which time the procedure outlined above will be followed.
Section 19.2 Definition of Family
A member of the immediate family shall be defined to be any Lieutenant's mother or father (including step), wife,husband, domestic partner, daughteror son (including step or adopted), sister or brother (including half or step), father-in-law, mother-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparent or grandchild.
In the event of the death of a domestic partner, the Lieutenant shall be granted three (3) consecutive days of leave, including regularly scheduled days off, within the fourteen (14) calendar clays immediately following the death, provided that the Lieutenant has registered the name ofthe Lieutenant's domestic partner with the Department of Personnel.
Domestic partners are defined as two (2) persons, regardless of their gender, who have a close personal relationship, sharing the same regular and permanent residence for at least six (6) months, are eighteen (18) years of age or older, not married to anyone, not related by blood closer than would bar marriage in the State of Illinois and are each other's sole domestic partner, responsible for each other's common welfare and jointly sharing their financial responsibilities.
Section 19.3 Extended Bereavement Leave
Where a Lieutenant is entitled to bereavement leave pursuant to Section 19.1 and where the death occurs and the funeral is to be held out of Illinois and beyond the states contiguous thereto, the Lieutenant shall be entitled to a maximum of five (5) consecutive days. For purposes ofthis Section, those states contiguous to I llinois are Missouri, Iowa, Wisconsin, Indiana, Kentucky and Michigan.
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ARTICLE 20 HOURS AND OVERTIME
Section 20.1 Work Day, Work Week and Work Period
All time in excess of the hours worked in the normal work day and the normal work week shall be compensated as provided in this Article. The normal work period shall be twenty-eight (28) days commencing on a Sunday.
Section 20.2 Compensation for Overtime
Overtime is defined as those hours actually worked in excess ofthe normal work day or the normal work week. All approved overtime in excess ofthe normal work day or the normal work week shall be compensated at the appropriate overtime rate of time-and-onc-half. For hours in excess of the normal work day or the normal work week, but less than 171 for a twenty-eight- (28-) day work period, the overtime rate will be calculated on the Lieutenant's base salary only. For hours in excess of 171 in a twenty-eight- (28-) day period, the overtime rate will be calculated in accordance with the Fair Labor Standards Act (FLSA). Overtime will accrue in fifteen-(15-) minute increments once Lieutenants work at least eight (8) minutes in a fifteen- (15-) minute period.
A Lieutenant who earns overtime pursuant to the FLSA shall be paid overtime compensation. A Lieutenant who earns non-FLSA overtime shall have the option of electing pay or compensatory time consistent with the provisions of this Agreement.
Section 20.3 Call Back/Reporting on Regular Day Off
A call back is defined as an official assignment of work (including reporting to the Medical Services Section, but not for release from the medical roll) which does not continuously precede or continuously follow a Lieutenant's worked hours. Lieutenants who are called back or who are required to report to any location for work on a regular day off shall be compensated for two (2) hours at the appropriate overtime rate or for the actual time worked, whichever is greater, at the overtime rate.
Section 20.4 Court Time
Lieutenants required to attend authorized court outside their regularly scheduled working hours shall be compensated at the overtime rate with a minimum of t wo (2) hours, except (1) if the court time is during a Lieutenant's elective time and< the Lieutenant knew ofthe court date before the request for elective time was approved, (2) while the Lieutenant is on paid medical leave or (3) if the Lieutenant is compensated for such time by a secondary employer.
Lieutenants required to attend authorized court or authorized pre-trial conferences within one (I) hour immediately preceding (heir normal tours of duly will be compensated at the overtime rate for one (1) hour. Lieutenants required to attend authorized court or authorized pre-trial conferences commencing during their tours of duty and extending beyond the normal end ofthe tours of duty, or commencing at the same time as their tours of duty end, will be compensated at the overtime rate on the basis of completed fifteen- (15-) minute segments. This overtime will be
computed from the end of the normal tour of duty lo the sign-out time at the court or at the conclusion of the pre-trial conference.
C. Court appearances during off-duty hours, with the exceptions as noted above, will be credited at the rale of lime-and -one-half with a minimum of two (2) hours when the actual lime spent in court is two (2) hours or less. When the actual time spent in court exceeds two (2) hours, overtime will be computed on the basis of completed fifteen- (15-) minute segments. Appearances at more than one (I) court on the same day will be computed at the rate of time-and-one-half in the following manner:
When the time between court appearances exceeds two (2) hours (sign-out time from the first court to sign-in time at the next court), a minimum of two (2) hours will be credited for each court appearance.
When the time between court appearances is two (2) hours or less, overtime will be computed on the basis of completed fifteen-(15-) minute segments for the total time between sign-in time at the first court and sign-out time at the last court. A minimum of two (2) hours will be credited when this total time is two (2) hours or less.
Section 20.5 Stand-By
Where the Employer requires a Lieutenant to remain on stand-by and available forwoiicand the Lieutenant is not able to come and go as the Lieutenant pleases, such time shall be paid as time worked.
Section 20.6 Day Off Changes
Days off assigned on "change day" shall remain unchanged for the duration of each twenty-eight- (28-) day police period, except for the following:
I n-service training; i
Elective training;
Mandatory proficiency training;
Prc-scrvice training for promotion; and
A situation where the Superintendent and the Mayor have determined in writing that a serious emergency condition exists.
The Employer's right to assign Lieutenants for duty while on regular day-off status is unrestricted and unchallenged, provided, however, thai in each such event, the Employer will pay the Lieutenant so assigned the premium time under Section 20.2.
Changes required to implement the provisions of Section 23.2 controlling scheduled days off for Lieutenants going on or returning from furlough or changes made al the request of Lieutenants shall not require premium compensation.
Section 20.7 Accumulation of Compensatory Time
The Employer will not restrict an accumulation of compensatory time subject to Section 20.2; the number of hours of compensatory time which a Lieutenant has on record shall not be the controlling factor in determining whether a Lieutenant will be allowed to take time due.
Section 20.8 Scheduled Back-to-Back Shifts
Scheduled Back-to-Back Shifts on Change Day
When a Lieutenant is scheduled to work thefirst watch on a change day afterhaving worked a tour of duty on the third watch on the preceding day, the Lieutenant shall receive compensation as follows: !
For four (4) hours worked, the Lieutenant will be credited with eight (8) hours of regular pay.
For more than four (4) hours worked, the Lieutenant shall be credited at the rate of time-and-one-half for hours worked over four (4) on the first watch in add ition to the eight (8) hours of regular pay up to a maximum of fourteen (14) hours for a l ull tour of duty on the first watch.
Such compensation will not apply if the back-to-back tour of duty on change day occurs as a result of the Lieutenant's request.
Back-to-Back Shifts
Provided that the on duty Assistant Deputy Superintendent [or such other person(s) as may be designated by the Department] has been notified, and the Lieutenant is required to work two (2) back-to-back shifts, the second shift being a full tour of duty as a Watch Commander in District Law Enforcement, the Lieutenant will be credited with two (2) hours' compensation in addition to earned overtime.
"Back-to-Back"
For purposes of this Section, back-lo-back shifts mean two (2) consecutive, but different, tours of duty that may overlap by two (2) hours. Back-to-back does not include an extension of a tour of duty, which is a continuation of duties from the prior tour of duty.
Section 20.9 Rank Credit
Effective July 1, 2004, the Employer will credit each Lieutenant with forty-five (45) minutes per day of compensatory time. Said forty-five (45) minutes per day will be cred ited for each day on which a Lieutenant works, provided the Lieutenant works at least four (4) hours that day.
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Section 20.10 Duty Availability Allowance
Effective January 1, 2017 and thereafter, all eligible Lieutenants shall be paid quarterly payments of S950.00 as duty availability pay.
Entitlement to duty availability pay is not dependent ona Lieutenant being present for duty for an entire pay period.
In accordance with applicable law, the Employer shall treat duty availability allowance payments as pensionable.
Section 20.11 Change of Schedule
The Employer's right to assign Lieutenants at any time and al d ifferent times during each twenty-eight- (28-) day police period remains unrestricted and unchallenged. Watch assignments and designated starting times shall be established and posted at the beginning of each police period and shall remain in effect for the duration of the twenty-eight-(28-) day police period, except for the following:
In-service training;
Elective training;
Mandatory proficiency training;
Pre-service training for promotion;
Court appearances in excess of two (2) consecutive days; and
A situation where the Superintendent and the Mayor have determined in writing that a serious emergency condition exists.
However, starting times may be adjusted by the Employer (1) plus or minus two (2) hours from the designated starting time or (2) for up to seven (7) hours within the Lieutenant's assigned watch for circumstances not known to the Employer forty-eight (48) hours prior to the start of the police period.
Any adjustment made inconsistent with the above provision, made after the start of the twenty-eight- (28-) day period, will result in payment in accordance with Section 20.2 for the hours worked outside of the Lieutenant's tour of duty scheduled at the beginning of the twenty-eight-(28-) day period. Shift changes during the police period made voluntarily at the request ofthe Lieutenant and upon approval ofthe Employer shall not require additional compensation. There shall be no pyramiding of overtime and/or premium pay; overtime and premium pay shall not be paid for the same hours worked.
This Section does not apply to Lieutenants who volunteer for duties which by their very nature require changes in starting times, personnel working who are assigned to District Tactical learns, First and Eighteenth District Foot Patrol Units, Patrol Division Administration, the
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Detail Unit, the Mounted Unit and the Special Functions Group, Internal AffairsDivision, Bureau of Staff Services, Summer Mobile Force and Organized Crime Division.
Section 20.12 Out of Area Detail
In the event the Department details a Management Lieutenant assigned to District Law Enforcement outside his District of assignment, the following procedure will be followed:
The table below identifies the Districts in Area North to which a Management Lieutenant assigned to District Law Enforcement may be detailed without payment of additional compensation to the Lieutenant:
District of Assignment May be detailed to any of the following-
Oil 014 015 019 025
011 015 020 025
011 014 016 025
015 017 ' 024 025
016 019 020 024
011 014 020 024
: 016 017 019 024
016 017 019 020
011 014 015 017
The table below identifies the Districts in Area Central to which a Management Lieutenant assigned to District Law Enforcement may be detailed without payment of additional compensation to the Lieutenant:
District of Assignment May be detailed to any of the following-
001 002 003 012 018
001 003 008 012
002 008
002 003 :009 010
002 003 '010 018
008 009 012 018
012 001 008 1010 018
018 001 009 010 012
The table below identifies the Districts in Area South to which a Management Lieutenant assigned to District Law Enforcement may be detailed without payment of additional compensation to the Lieutenant:
District of Assignment May be detailed to any of the following:
005 006 007 022
004 006 007 022
004 005 007 022
004 005 006 022
022 004 005 :006 007
If a Management Lieutenant is detailed to a District other than one of the four Districts listed next to his or her District of assignment in the table(s) above, the Lieutenant shall be compensated at the rate of time-and-one-half in quarter hour increments for the duration ofthe detail.
When a premium pay opportunity within the meaning ofthis Section arises in the District from which the detail is drawn, the most senior Lieutenant in that District shall be given the first option to accept the detail and he or she shall be compensated at the rate of time-and-one-half in quarter hour increments for the duration ofthe detail. If the Department determines a Management Lieutenant is to be detailed to the Joint Operations Center, the Lieutenant may be chosen from Area Central without payment of premium pay.
If the Employer details a Lieutenant in any manner contrary to the provisions ofthis Section, the affected Lieutenant will be compensated at the rate of time-and-one-half in quarter hour increments for the duration of the detail. This Section will not apply to details required by
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major unforeseen events for which the Department has less than three days' notice, provided that this exception shall not apply for more than five (5) calendar days.
This Section does not apply to Lieutenants assigned to the Community Policing Office, Tactical Lieutenants or Lieutenants assigned as Fool Lieutenants in the lsl and 18"1 Districts.
ARTICLE 21 UNIFORMS
Section 21.1 Uniforms and Equipment Advisory Committee
One Lieutenant designated by Unit 156-Lieutenants shall be added to the Department's Uniforms and Equipment Advisory Committee. The Committee's function will be to offer recommendations relative toadditions.deletions or modifications in the Department's Unifoimsand Personal Equipment Program. The recommendations will be channeled through the Research and Development Division to the Department's Uniforms and Personal Equipment Policy Committee. Any and all recommendations made by the Committee will be advisory only.
Section 21.2 Major Changes
The Department will apprise the Uniforms and Equipment Advisory Committee whenever major changes to the Uniforms and Personal Equipment Program arc anticipated.
Section 21.3 Uniform Allowance
Effective August 1, 2020, each Lieutenant shall receive a uniform allowance of $1,950.00 per year payable in three (3) installments of $650.00 on February 1, August 1 and December I of 2020 and each calendar year thereafter.
Subject to available funding, during calendar year 2009 and each calendar year thereafter, the Employer shall issue to each Lieutenant a voucher thai shall be used to purchase uniforms and personal equipment items which are identified by the Superintendent in accordance with the Department's Uniforms and Personal Equipment Program and which are not currently possessed by the Lieutenant.
Section 21.4 Uniform Change or Modification
The Employer shall pay for the first issue ofany change in, or modification of, the prescribed uniform announced and effective after January 1, 1998. Changes in the prescribed uniform required as a result of promotion to or from the position of Lieutenant shall not be subject to payment by the Employer.
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ARTICLE 22 INDEMNIFICATION
Section 22.1 Employer Responsibility
The Employer shall be responsible for, hold Lieutenants harmless from and pay for damages or monies which may be adjudged, assessed or otherwise levied against any Lieutenant covered by this Agreement, subject to the conditions set forth in Section 22.4.
Section 22.2 Legal Representation
Lieutenants shall have legal representation by the Employer in any civil cause of action brought against a Lieutenant resulting from, or arising out of, the performance of duties.
Section 22.3 Cooperation
Lieutenants shall be required to cooperate with the Employer during the course of the investigation, administration or litigation ofany claim arising under this Article.
Section 22.4 Applicability
The Employer will provide the protections set forth in Sections 22.1 and 22.2 so long as the Lieutenant is acting within the scope of his/her employment and where the Lieutenant cooperates, as defined in Section 22.3, with the Employer in defense ofthe action or actions or claims.
Section 22.5 Expedited Arbitration
Grievances alleging a violation of Article 22 may be initiated at Step Three ofthe grievance procedure. In arbitrations thereunder, unless the parties agree otherwise, the hearing shall commence within thirty (30) days of tlie selection ofthe Arbitrator, and the Arbitrator shall issue his/her award, in writing, within fifteen (15) days following the close of the hearing. The full written decision of the Arbitrator may be issued within thirty (30) days of the close of the hearing.
ARTICLE 23 SENIORITY
Section 23.1 Definition and Application
A. Seniority shall be defined as a Lieutenant's continuous length of service in rank subject to Section 23.1 (B). i
In the event two (2) or more Lieutenants have the same seniority date, the Lieutenant with the longest period of continuous service, as determined by referring to the Lieutenants' continuous service dates, shall receive the higher seniority status.
In the event two (2) or more Lieutenants have the same seniority and continuous service dates, the older Lieutenant, as determined by referring to the Lieutenants' datesofbirth as recorded on their employment applications, shall receive the higher seniority status.
Advancement within the salary and quarterly differential schedule shall be determined by the Lieutenant's continuous service date. The continuous service date shall be the date of last hire as a swom member subject to the following:
For a Lieutenant who has resigned and who has been re-hired, the continuous service date shall be determined by the continuous length of service from thedateof last hire as a sworn member without consideration of the Lieutenant's prior service, unless an application for re-employment was received within one (1) year of the Lieutenant's resignation date, in which case thecontinuous service datewill be adjusted to reflect the time the Lieutenant was absent from the Department.
For Lieutenants taking a leave of absence, only the days absent in excess of thirty (30) days' leave from the Employer's service without pay (other than military, duty disability, Family and Medical Leave Act leave or suspension) shall be deducted in computing the continuous service date.
The seniority of a Lieutenant and the employment relat ionship shall be terminated in the following circumstances:
Resignation;
Separation (discharge);
Retirement;
Unauthorized absence for four (4) consecutive working days without notice to the Employer; ,
If laid off, failure to report fit for duly within thirty-one (31) days ofthe delivery of written notification of recall to the Lieutenant's last known address, which notification shall be simultaneously provided to Unit 156-Lieutenants;
Failure lo report fit for duty upon the termination of an authorized leave of absence; and
On a layoff list for five (5) years.
Section 23.2 Furlough Scheduling
A Lieutenant shall select his/her furlough by rank and seniority within rank, within the Unit of assignment, or, if detailed for twenty-eight (28) days or more prior to the date selection begins, within the Unit of detail on the basis of seniority. Lieutenants may elect to take their full furloughs or split the furloughs to which they are entitled into two (2) equal segments.
If the furlough is split, the first one-half of the furlough shall be determined in one process and on the basis of seniority. A fter all Lieutenants have bid for their first choices, Lieutenants who have split their furloughs shall select the second one-half in one process and on the basis of seniority.
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A full furlough will commence on the first day of a police period. A split furlough will commence on either the first or the fifteenth day of a police period.
Lieutenants shall be allowed to take a compensatory time furlough by utilizing elective time between regularly scheduled days off, subject to manpower requirements.
Furlough schedules may be adjusted to accommodate seasonal operations, significant revisions in organization, work assignments or the number of personnel in particular ranks.
The day off group of a Lieutenant on furlough (full or split) will not be changed during the remainder of the week in which the Lieutenant is scheduled to return, unless a Lieutenant who is required to work on his/her scheduled day(s) off during that week is compensated by the payment of premium benefits under Article 20 for all hours worked on his/her scheduled day off.
Lieutenants who elect to split their annual furloughs into two (2) segments or take full annual furloughs will, if they so desire and at their option, be returned to the day off groups they were in al the time their furloughs or furlough segments were selected. Affected Lieutenants who desire to be returned to the day off group they were in at the time they selected their furloughs will notify their Unit Commanding Officers two (2) weeks prior to the beginning ofthe furlough segment if theirday off groups must be changed to match the original group. The change in day off group should take place on the Sunday preceding the first day ofthe furlough segment and return to the day off group on the Sunday following the furlough extension.
Section 23.3 Seniority List
The Employer shall prepare a seniority list. The list shall be made available to Lieutenants in each Unit. Unit 156-Lieutenants shall receive a copy of said list at least quarterly. In addition to a seniority list, Unit 156-Lieutenants shall be provided a seniority list in alphabetical order at least quarterly.
Section 23.4 Personal Day Selection
Any dispute within a Unit as to the selection of a personal day provided for in Section 11.3 shall be resolved by seniority.
Section 23.5 Use of Elective Time
Authorized elective time used to extend a. furlough shall receive first priority, provided that a written request is submitted prior to the beginning of a furlough.
Authorized requests for other days off shall be in accordance with the following priorities if written notice of the requested day off is given to the appropriate superior no later than ten (10) days prior to the requested day off:
Personal days shall receive first priority;
Baby Furlough Days shall receive second priority;
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Surplus vacation days shall receive third priority; and
Compensatory time shall receive fourth priority.
Any dispute within a Unit as to the selection of a day off shall first be decided by the priority schedule in this Section. Any dispute within a Unit as to theselection of a day off within the same priority schedule shall be resolved by seniority.
Requests fordays off that are submitted less;than ten (10) days from the requested day off may only be authorized after all requests submitted ten (10) or more clays prior to the requested day have been authorized. Requests submitted less than ten (10) days from the requested clay off shall not be subject to this priority schedule or seniority.
Section 23.6 Canceled Days Off
When operational considerations require the cancellation of days off within the Bureau of Patrol, the following procedure will apply:
The Employer will designate the rank, watch, Units and day off groups which will have days off canceled. In those Units which have been designated to provide personnel, seniority will be the dominant factor in the selection of Lieutenants required to work on their regular clays off. The Employer shall first seek volunteers on the basis of seniority from among those Lieutenants in said Unit. If there are insufficient volunteers, the Employer shall select Lieutenants on the basis of reverse seniority.
For the purpose of this Section, a Unit may be defined as a Bureau, Division, Area, District, Section, group, watch or Tactical Unit, etc.
Section 23.7 Holiday Assignment
When operational considerations require that a Lieutenant of a Unit work on a holiday, as defined in Section 11.1, the most senior Lieutenant will be given the option to work, provided that the holiday is the Lieutenant 's regular work day and watch.
For the purpose of this Section, a Unit may be defined as a Bureau, Division, Area, District, Section, group, watch or Tactical Unit, etc.
ARTICLE 24 E D U C A TI ON A L R EIM B U RS E M E N T
The Employer agrees to'provide tuition reimbursement to Lieutenants for extra-Department education subject lo the following conditions:
A. To be eligible for reimbursement—
1 Each course taken must be job-related or necessary foran undergraduate or graduate degree.
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Proof of acceptance for a degree program nuist be presented upon request.
Each course taken towards a college or university degree must grant college.level credit.
Each course must be taken through an accredited college or university.
Lieutenants must file applications for reimbursement on the appropriate forms no later than thirty (30) days after the beginning of the course of study.
Reimbursement will be granted on the following basis:
Grade "A" 100%
Grade "B" and any other grades
classified by the school as passing 75%
Reimbursement may be denied if a Lieutenant's work performance is deemed inadequateor if a Lieutenant has a record of sustained infractions of Department orders, direclivesor procedures.
Reimbursement will not be granted to the extent—
Tuition costs arc covered by the U.S. Department of Veteran's Affairs or otherfunds; or
The program in which the Lieutenant is enrolled is reimbursable through a federal grant-in-aid program for which the Lieutenant is eligible.
Reimbursement will be made for a maximum of two (2) courses per school term.
Reimbursement will be granted when a Lieutenant is required by the Superintendent lo attend an educational or training program. i
In the event a Lieutenant commences anundergraduateorgraduatedcgree(ineluding a law degree) program after January 1, 1997 and obtains an undergraduate or graduate degree with the assistance of the tuition reimbursement program, and the Lieutenant, within one (1) year of obtaining such degree, voluntarily resigns from the Department, all tuition costs [one hundred percent (100%)| reimbursed to the Lieutenant by the Employer for obtaining such degree shall be repaid tothe Employer. If the Lieutenant voluntarily resigns after one (1) year, but less than two (2) years, after obtaining the degree, the Lieutenant shall repay one-half (fifty percent (50%)] ofthe tuition reimbursement tothe Employer. If the Lieutenant does not complete the degree program and voluntarily resigns from the Department, the Lieutenant shall repay one hundred percent (100%) of all tuition reimbursement received for any course completed within two (2) years of such resignation. Lieutenants receiving tuition reimbursement for such degrees shall, as a condition of receiving such reimbursement, execute an appropriate form consistent with this paragraph. This provision shall not apply to reimbursement under Article 24(G), nor shall this provision apply to
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Lieutenants who resign from the Department for the purpose of accepting employment within another City of Chicago department.
ARTICLE 24A EDUCATIONAL LEAVES
Lieutenants may be excused without loss of pay to attend a conference, a seminar, a workshop or other function of a similar nature that is intended to (A) improve, maintain or upgrade the Lieutenant's certifications, skills and professional ability and (B) benefit the Department. If a request is denied, the Lieutenant will be given a reason, in writing, for the denial.
ARTICLE 25 LIFE INSURANCE
The Employer agrees to provide a $75,000.00 life insurance benefit at no cost to each Lieutenant and an AD&D benefit to be increased to $5000.00 effective July 1, 2003. Lieutenants must complete a City of Chicago Group Term Life Insurance enrollment form set, including the employee beneficiary section of the form set, in order to qualify for coverage in the Basic Group Tenn Life Plan. The failure of the Lieutenant to complete the enrollment form set will result in termination of the Lieutenant's Basic Group Term Life Insurance coverage.
The Employer agrees to provide procedures for Lieutenants to purchase optional Group Term Life Insurance and Universal Life Insurance in addition to the Basic Group Term Life Insurance coverage provided above at nominal additional cost to Lieutenants. Lieutenants will be peixnitted to purchase any amount of optional insurance coverage in $1000.00 multiples up to an amount equal to their annual salaries rounded up to the next multiple of $1000.00. The optional Group Tenn Life Insurance shall continue to be provided to Lieutenants at the Employer's then current cost.
ARTICLE 25A PHYSICAL FITNESS PROGRAM
Effective upon ratification, any newly promoted Lieutenant who was required to participate in the physical fitness program set forth in Appendix O as a Sergeant shall continue to participate in such program. All other Lieutenants may elect to participate in the physical fitness program and may withdraw from the program at any time without sanction or discipline.
ARTICLE 26 WAGES
Section 26.1 Salary Schedule
Effective July 1, 2012 and thereafter, Lieutenants shall receive the following percentage increases in their base salaries set forth in Appendix N that became effective on January 1, 2012, subject to the provisions of subsection (B):
Effective Date Percentage Increase
%
January 1, 2017 1.00%
January 1, 2018 2.25%
January 1, 2019 2.25 %
January 1, 2020 2.00%
January 1,2021 2.00%
January 1,2022 2.00%
During the term of this Agreement, should the bargaining unit of swom police officers currently represented by Lodge 7 of theF.O.P. or the Fire Captains currently represented by Local 2 ofthe I.A.F.F., negotiate larger percentage base increases for the period of July 1, 2017 and June 30, 2022, or lower health care increases in Health Care contributions or salary cap the Employer shall grant Unit 156-Lieutenants bargaining unit members increases equivalent lo those granted to such other bargaining unit(s) over the same time period.
During the term of this Agreement, should there be enacted into law legislation pursuant to which Lieutenants covered by this Agreement are required to increase their contributions tothe Policemen's Annuity and Benefit Fund ofthe Illinois Pension Code (40 ILCS 5/5-101 et seq.) or any successor pension fund in an amount above the amount of the current annual contribution of 9% of salary, Unit 156-Lieutenants may reopen this Agreement solely on the issue of wages for the purpose of renegotiating the base salary and percentage increases which shall be paid to Lieutenants. Unit 156-Lieutenants shall have thirty (30) days from the date it receives notice that the contributions will increase to notify the Employer, in writing, by certified mail, of its intent to reopen this Agreement. The notice referred to shall be considered to have been given as ofthe date shown on the postmark. Written notice may be tendered in person, in which case the date of notice shall be the written date of receipt. In the event this Agreement is reopened pursuant to this provision, the base salary and percentage increases set forth in this Agreement will not be changed or reduced without the written consent of Unit 156-Lieutenants. The Employer and Unit 156-Lieutenants shall have ninety (90) days to renegotiate the base salaries and percentage increases set forth in this Agreement. In the event the parties are unable to resolve the issue of base salaries and percentage increases during theninety (90)-day negotiation period,or within any mutually agreed to
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extension, the dispute shall be submitted to the impasse resolution procedure set forth in Section 28.3(B).
Section 26.2 Quarterly Differential
Effective January 1, .1999 and subsequent years, the quarterly differential shall be increased by the same percentage increase as the base salary and shall be paid in accordance with Appendix M.
Section 26.3 Work Out of Grade
Any Lieutenant in District Law Enforcement covered by this Agreement who is directed to perform substantially all of the duties and assumes substantially all of the responsibilities of a Captain (E-5) in District Law Enforcement for two (2) or more hours within a single tour of duty shall be paid at the E-5 rate for the tour of duty. If a.Lieutenant is required to work overtime while working out of grade at the E-5 rate, the Lieutenant will be compensated at the E-5 rate for each hour worked and also be compensated at the E-4 rate consistent with the provisions of Section 20.2.
Any Lieutenant covered by this Agreement who is directed toperform substantially all ofthe duties and assumes substantially all of the responsibilities of a Command er (E-6) shall be paid at the appropriate E-6 rate for the first eight (8) hours worked. If a Lieutenant is required to work overtime, the Lieutenant will be compensated at the E-4 rate consistent with the provisions of Section 20.2.
Section 26.4 Payment of Wages
Except for delays caused by payroll changes, data processing or other breakdowns, or other causes outside the Employer's control, the Employer shall continue its practice with regard to the payment of wages, which generally is as follows: (1) payment of wages provided herein shall bedue and payable to a Lieutenant no later than the first and sixteenth day of each month; (2) holiday premium pay shall be due and payable to the Lieutenant no later than the twenty-second day ofthe month following the month in which the holiday premium was earned; and (3) other premium pay shall be payable to the Lieutenant no later than the last day ofthe period following the period in which the premium work was performed. 'Ihe Employer shall not change pay days except after notice to and, if requested by Unit 156-Lieutenants, negotiating with Unit 156-Lieutenants. "Negotiating" for the purpose of this Section shall mean as it is defined in Section 8(d) ofthe National Labor Relations Act.
Notwithstanding (1) above, the day that the payment of wages provided herein is due and payable toa Lieutenant will be changed from the first and sixteenth day ofeaeh month to the seventh and twenty-second day of each month. This change in pay day will take approximately six (6) months after the date of ratification. If the parties cannot agree on a date, the Arbitrator will retain jurisdiction for the purpose of specifying the due date.
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Section 26.5 Payment of Time
A Lieutenant covered by this Agreement who resigns or dies shall be entitled to and shall be paid for all unused compensatory time accumulated by said Lieutenant, including furlough time. Baby Furlough Days and personal days. A Lieutenant who is separated for cause shall be entitled to receive only unused compensatory time accumulated as a result of earned overtime forhoursworked in excess of 171 per twenty-eight-(28-) day period.
Section 26.6 Compensatory Time Exchange
A Lieutenant may exchange (cash in) accumulated compensatory time not to exceed two hundred (200) hours each year of this Agreement at the Lieutenant's hourly rate at the time of payment. Application for such exchange shall be on a form provided by the Employer and at a time each year set by the Employer. In no event shall payment be made any later than March 1 of the year following application.
Section 26.7 GreenSlips
Within sixty (60) days of ratification ofthis Agreement, all Lieutenants advice throughdirect deposit shall register to receive their notification of pay deposit advice electronically through the Employer's program for that purpose [currently "GreenSlips"] if they have not done so already. Lieutenants will receive their notification of pay and deposit advice electronically through GreenSlips the first pay period after registering for GreenSlips.
ARTICLE 27 RESIDENCY
All Lieutenants covered by this Agreement shall be actual residents of the City of Chicago.
ARTICLE 28
DURATION, EN FORCEMENT AND DISPUTE RESOLUTION
Section 28.1 Term of Agreement
This Agreement shall be effective from July 1, 2012 and shall remain in full force and effect until June 30, 2016. It shall continue in effect from year to year thereafter, unless notice of termination is given, in writing, by certified mail, by cither party no earlier than February 1, 2016 and no later than March 1, 2016. The notices referred to shall be considered to have been given as ol" the dateshownon the postmark. Written notice may be tendered in person, in which case the date of notice shall be the written date of" receipt. It is mutually agreed that the Articles and Sections shall constitute the Agreement between the parlies for the period defined in this Section.
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Section 28.2 Continuing Effect
Notwithstanding any provision ofthis Article or Agreement to the contrary, this Agreement shall remain in full force and effect after any expiration date while negotiations or resolution of impasse procedures are continuing for a new agreement or part thereof between the parties.
Section 28.3 Impasse Resolution, Ratification and Enactment
If the parties reach a complete agreement as to the items for negotiation at the end of any negotiating period, the following procedure shall apply:
The agreement will first be presented to Unit 156-Lieutenants' membership with the recommendation ofthe Executive Board for ratification.
Within ten (10) days after such ratification by Unit 156-Lieutenants' membership, the agreement will be submitted to the City Council ofthe City of Chicago with the Superintendent's and the Mayor's recommendation for ratification and concurrent adoption in ordinance form pursuant to the City of Chicago's Home Rule authority. The Employer and Unit 156-Lieutenants shall cooperate to secure this legislative approval.
In the event the City Council should reject the recommended agreement, the parties shall meet again within ten (10) days of the City Council's vote to discuss the reasons for the City Council's rejection and to determine whether any modifications can be made to deal with the problems, but either party may thereafter invoke arbitration in accordance wilh Section 28.3(B) upon ten (10) days' written notice to the other party.
For purposes of this Article, rejection by the City Council means affirmative rejection by a three-fifths (3/5) vote of the members of the City Council within thirty (30) days ofthe date the agreement is submitted to it.
If a complete agreement is not reached between the parties as to the items for negotiation at the end of any negotiating period, the following procedure shall apply:
In the event that disputed items cannot be resolved during the negotiation period, all disputed items shall be referred to a three- (3-) person Dispute Resolution Board, one (1) member to be selected by each ofthe parties and the third member to be jointly agreed upon by the parties.
The Board shall be convened and shall be composed of the following three (3) persons: one (I) appointed by the Employer, one (I) appointed by Unit 156-Lieutenants and one (I) impartial member to be mutually selected and agreed upon by the Employer and Unit 156-Lieutenants. If, after a period of five (5) days from the date of the appointment of the two (2) representatives of the parties, the remaining Board member has not been selected or otherwise agreed upon, then either representative may request the American Arbitration Association, or its successor in function, to furnish a list of seven (7) members of said service from which the
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remaining Board member shall be selected. The American Arbitration Association shall be advised that the eligibility criteria for names to be placed upon the list shall include the following: membership in the National Academy of Arbitrators; at least five (5) years' experience in labor relations dispute resolutions in either the private or public sector; U.S. citizenship; and a commitment by any such individual that, if appointed or selected, said individual agrees to comply with the time limits set forth in subsection (B)(5). Upon mutual written agreement ofthe Employer and Unit J 56-Lieutenants, theparties' right to appoint any Board members other than the impartial member may be mutually waived.
The list shall be immediately published, and the representative appointed by the Employer shall, within five (5) days after publication of said list, eliminate three (3) names from the list. Within two (2) days after such elimination, the representative appointed by Unit 156-Lieutenants shall eliminate three (3) names from the list. The remaining individual, plus the individual appointed by the Employer and the individual appointed by Unit 156-Lieutenants, shall compose the Board.
The member of the Board selected, pursuant to subsection (B)(3), shall act as Chaimian. He/she shall be an impartial, competent and reputable individual and shall be administered and subscribe to the constitutional oath or affirmation of office. The Employer and Unit 156-Lieutenants shall each pay one-half of the fees and expenses ofthe impartial member.
The Chairman shall have the authority to convene and adjourn proceedings, administer oaths, compel testimony and/or the production of documentsand employ such clerical or research assistance as in his/herjudgment and discretion are deemed warranted. He/she shall convene proceedings on the issues presented to the Board within ten (10) days after his/her appointment and/or selection; the Board shall make its determination within thirty (30) days after it has convened. The time limits set forth herein may be extended only upon written mutual agreement of both theBoard member appointed by Unit 156-Lieutenants and the Board member appointed by the Employer.
The Employer and Unit 156-Lieutenants shall attempt to agree upon a written statement of the issue or issues to be presented tothe Board. In lieu of, or in addition to, such mutual statement of issues, each party may also present its own list or statement of issues, provided only that any such issue notmutually agreed upon shall have been an issue previously the subject of negotiations or presentation at negotiations. During the course of proceedings, the Chairman shall have the authority as necessary to maintain decorum and order and may direct (absent mutual agreement) the order of procedure; the rules of evidence or procedure in any court shall not apply or be binding. The actual proceedings shall not be open to the public, and theparties understand and agree that the provisions of 5 ILCS 120/1 et seq. are not applicable. If, in the opinion ofthe impartial member ofthe Board, it would be appropriate to meet with either the Employer or Unit 156-Lieutenants for mediation or conciliation functions, the Board may do so, provided only that notice of such meetings shall be communicated to the other parly.
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The compensation, if any, ofthe representatives appointed by Unit 156-Lieutenants shall be paid by Unit 156-Lieutenants. The compensation of the representative appointed by the Employer shall be paid by the Employer.
The terms decided upon by the Board shall be included in an agreement to be submitted to the City Council for adoption. The terms of this Agreement shall continue to bind both parties hereto during all negotiations and impasse resolution procedures.
If the City Council should reject the arbitrated agreement, the parties shall meet again within ten (10) days of the City Council's vote to discuss the reasons for the City Council's rejection and to determine whether any modifications can be made to deal with the problems, but either party may thereafter terminate this Agreement upon ten (10) days' written notice to the other.
There shall be no implementation of any provisions of a successor agreement without City Council ratification and adoption in ordinance form of the agreement, except, however, that the terms ofthis Agreement shall remain in full force and effect until a successor agreement is adopted in ordinance form or this Agreement is terminated pursuant to subsection (B)(9).
As permitted by 5 ILCS 315/14(p), the impasse resolution procedure set forth herein shall govern in lieu ofthe statutory impasse resolution procedure provided under 5 ILCS 315/14, except that the following portions of said 315/14 shall nevertheless apply: subsections (h), (i), (k) and (m).
ARTICLE 29 BABY FURLOUGH DAYS
Section 29.1 Number of Baby Furlough Days
Lieutenants shall receive four (4) Baby Furlough Days (BFDs) [eight (8), eight and one-half (8.5), or ten (10) hours for each BFD] for each calendar year, consistent with the Lieutenant's applicable work schedule.
Section 29.2 Carryover of Baby Furlough Days
A Lieutenant's BFDs shall be granted pursuant to and in accordance with the provisions of this Agreement and with the Department's policy of granting elective time off, except, if a Lieutenant elects not to use or is denied use of all his/her BFDs in a calendar year, the Lieutenant may, at the Lieutenant's option, carry over up to four (4) BFDs for use as days off in the next year.
Section 29.3 Compensation for Unused Baby Furlough Days
Any BFD not used in a calendar year shall be paid at eight hours per day to the eligible Lieutenant in the following calendar year, except as provided for in Section 29.2. Payment shall be based upon the salary schedule in effect at the time of payment. Payment shall be made by April I for BFDs not used in the preceding calendar year.
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ARTICLE 29A FURLOUGHS
Section 29A.1 Annual Furlough
Furlough shall be granted to Lieutenants for each calendar year of this Agreement.
Section 29A.2 Furlough Days
Effective upon ratification of this Agreement, Lieutenants working an eight (8) hour schedule shall receive twenty-five (25) working days of furlough. Lieutenants working an eight-and-one-half hour (8.5) schedule shall receive twenty-four (24) working days of furlough. Lieutenants working a ten (10) hour schedule shall receive twenty (2) working days of furlough.
Section 29A.3 Furlough Selection
Furlough shall be selected in accordance with this Agreement subject to operational needs, and approved individual furlough days may be taken by the requesting Lieutenant at the discretion of the Department.
Section 29A.4 Furlough Extension
Consistent with operational needs and Department directives, furlough may be extended by the use of elective time at the request of a Lieutenant with the approval ofthe Department.
Section 29A.5 Unused Furlough
Except as provided herein, all furlough time not taken in the calendar year shall be forfeited, unless the Lieutenant was denied vacation by the Employer. If a Lieutenant requests through written notice to the Employer before the first day of the twelfth police period to use remaining furlough days and is denied use of those days by the Employer, the Lieutenant shall be allowed to be paid for up to five (5) unused days at the rate of pay in effect at thctime of payment. Payment shall be made by April 1 for furlough days not used in the preceding calendar year.
ARTICLE 30 LEAVES
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Section 30.1 Personal Leave
Applications for personal leaves of absence shall be governed by the applicable provisions of the City of Chicago Personnel Rules, provided that Unit 156-Lieutenants shall be promptly notified of all personal leaves of absence and extensions thereof taken by Lieutenants covered by this Agreement, and provided that no benefit regard ing personal leaves of absence now enjoyed shall be diminished, modified or eliminated, unless otherwise provided for in this Agreement.
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Section 30.2 Military Leave
Any Lieutenant who is a member of a reserve force or a national guard ofthe United States or of the State of Illinois and who is ordered by appropriate authorities to attend a training program or to perform other duties under the supervision ofthe United States or the State of Illinois shall be granted a paid leave of absence during the period of such activity not to exceed fourteen (14) calendar days in any calendar year in the case of a member of a reserve force and not to exceed fifteen (15) calendar days in the case of a national guard. Lieutenants hired after January 1, 1997 shall deposit their military pay with the City Comptroller for all days compensated by the Employer.
Effective January 1, 2005, Lieutenants who are deployed for military service in excess of fifteen (15) calendar days in a combat zone (as designated pursuant to the Executive Orders ofthe President of the United States) shall not be required to reimburse the Employer the amount of military pay they receive. The Employer will continue to make its pension contributions for such Lieutenants.
Section 30.3 Family and Medical Leave Act
Lieutenants who have worked 1250 hours in the preceding twelve- (12-) month period shall thereafter be entitled to a Family and Medical Leave Act ("FMLA") leave of twelve (12) work weeks during any twelve (12) months for the following reasons:
For the birth of a Lieutenant's child and to care for the newborn child;
For the placement with the Lieutenant of a child for adoption or foster care;
To care for the Lieutenant's spouse, child or parent with a serious health condition; or
Due to a serious health condition affecting the Lieutenant.
Such leave shall be without pay, unless the Lieutenant elects to use accrued paid leave for which the Lieutenant is eligible. Paid leave shall be concurrent with, and not in addition to, FMLA leave. During any leave taken under this Article, the Lieutenant's health care coverage shall be maint ained as if the Lieutenant were working.
Seniority shall accrue during FMLA leave; the Employer shall continue to make its contribution, and the Lieutenant shall continue to make his/her health care contributions.
Any Lieutenant desiring to take leave under this Section shall provide reasonable advance notice to the Employer on a form provided by the Employer, which form shall be approved by Unit 156-Lieutenants. Reasonable advance notice shall not be less than ten (10) days; where advance notice cannot be made, the Lieutenant shall provide notice within forty-eight (48) hours after the Lieutenant is able to do so. Failure to provide the notice provided for in this Section shall not affect the validity ofthe leave if the Employer had actual notice. Lieutenants shall have the right to return to their regular assignments and locations.
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E. Except as specifically provided in this Agreement, the provisions of the FMLA, including the rules and regulations and the policies and procedures ofthe Employer in effect as of the date of this Agreement for FMLA leave, shall be applicable to FMLA leave.
ARTICLE 31 UNIT BENEFITS
Section 31.1 Information Exchange
The Department will provide Unit 156-Lieutenants with a copy of all GeneralOrders, Department Special Orders, Department Notices, Bureau of Operational Services Special Orders and Patrol Division Special Orders and all facsimile messages relating to or amending the aforementioned.
The Department's daily compendium of news clippings and press releases prepared by News Affairs will be made available to Unit 156-Lieutenants through the inter-Department mail service.
The Department will provide Unit 156-Lieutenants with a copy of a quarterly listing of Unit 156-Lieutenants indicating the name and current star number, Unit of assignment, Unit of detail, payroll code, seniority and continuous service dates, home address, zip code and telephone number of each listed Lieutenant.
The Department will provide Unit 156-Lieutenantswithacopyofamonthlylistingof Lieutenants in Alpha and Unit Sequence.
The Department will provide Unit 156-Lieutenants with a copy of all Series A and Series B Personnel Orders.
The Department will provide Unit 156-Lieutenants with a copy of the Swom Separation Report.
The Department will provide Unit 156-Lieutenants with copies of staffing requests for new Department directives.
Section 31.2 Registration of Firearms
The Employer agrees not to charge or otherwise assess active Lieutenants any registration fees for firearms which are duty-related. While the Lieutenant is on active duty, the Employer further agrees that such firearms need only be registered once.
Section 31.3 Lockers
The Employer will provide each Lieutenant with a Department locker at his/her Unit of assignment or primary work location, subject to the rules and regulations ofthe Department with respect lo such use. Lieutenants shall have a priority in locker assignments over subordinate ranks. This Section may not be grieved beyond Step Two.
Section 31.4 Maintenance of Benefits
The Employer agrees that the following benefits enjoyed by Lieutenants covered by this Agreement will be maintained for the duration of the Agreement and shall not be diminished, modified or eliminated during the term of the Agreement, unless otherwise provided for in this Agreement:
Rank credit;
Quarterly differential;
Educational benefits;
Sickness in family time;
Change of uniforms at District;
Use of Department mailboxes where provided;
Use of gymnasium facilities during off-duty hours;
FL Physical examinations;
I. Furloughs and compensatory (baby) furloughs;
J. Marriage leave;
K. Utilization of compensatory time earned in partial tour or full tour segments
consistent wilh operational needs;
L. Life insurance rates, including the cost of optional insurance, and optional disability insurance;
M. One-half hour lunch period during the tour of duty; and N. Pension benefits as provided by statute.
Incumbent Lieutenants shall be given the opportunity to transfer to vacant District or watch bid assignments prior tothe promotion of new Lieutenants to fill such bid assignments.
Any obligation of the Employer lo indemnify Lieutenants for punitive damages assessed, adjudged or otherwise levied shall be based upon City of Chicago ordinances and/or state statutes providing for such indemnification.
Section 31.5 Unit Benefits
Anv current benefits described below, including increases and/or enhancements, during the tenn ofthis Agreement relating toany of ihe following current benefits, including economic matters agreed to with Lodge 7 shall be applicable to Lieutenants covered by this Agreement:
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Holidays
Holidays
Compensation
Personal Day
Special Compensation Time
Holiday Declaration
Bereavement Leave
Death in Family
Definition of Family
Extended Bereavement
Hours and Overtime
Work Week/Work Period
Compensation for Overtime
Sixth and Seventh Day
Call Back/Reporting on Regular Day Off
Court Time
Stand-By
Day Off Changes
Accumulation of Compensatory Time
Back-to-Back Shifts
Duty Availability
Uniform Allowance
Indemnification
Educational Reimbursement
Life Insurance
Optical Coverage
Medical Provisions
1. Disability Income and Practices Wages
Wages
Work Out of Grade
Payment of Wages
Payment of Time
K. Baby Furlough Days and Furlough Days
Number of BFDs
Carryover of BFDs
Compensation for Unused BFDs
Furlough Days
L. Personal Leaves
Military Leaves
Family and Medical Leave Act
M. Maintenance of Benefits
ARTICLE 32 LIEUT ENANT RANK
Watch Selection for District Law Enforcement
The following applies only to Lieutenants in District Law Enforcement:
In November of each year. Lieutenants may submit to their District Commander watch bids indicating their preferences for watch assignments for the following calendar year. Any compelling reasons for a particular choice should be included in this report. Watches shall be awarded to the most senior (time in rank) bidder for each watch, provided that no more than one (1) position per watch shall be filled bya successful bidder. The remaining positions will be filled at the discretion of the Employer. This Section does nol apply to Lieutenants assigned to the Community Policing Office, Tactical Lieutenants, Area Gang Lieutenants or Foot Lieutenants from within the Central Control Group.
Vacancies for watch bid assignments occurring after the November bid process may be temporarily filled at the Employer's discretion. A vacancy exists if a watch bid Lieutenant is detailed to another watch, or as Tactical Lieutenant, or out of the District, for more than ninety (90) days. Vacant watch bid assignments will be subject to bid ding by seniority from among Lieutenants within the affected District. This process will take place during the third, sixth and ninth police periods of each year if applicable. The successful bidderswill be assigned effective the police period following the bid.
District Law Enforcement Bidding Process
1. Each District will have three (3) bid assignments.
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A District bid vacancy occurs as a result ofany ofthe following: a detail out of the District for more than ninety (90) days, transfer, resignation, retirement, discharge, promotion or death.
The Employer will be required to recognize a District bid position in a District if that District has any vacant District bid positions on the first day ofthe first, fourth, seventh and tenth police periods. This recognized vacancy must be bid quarterly during the first, fourth, seventh and tenth police periods.
The Employer shall post said recognized biddable vacancies, if any, during the first, fourth, seventh and tenth police periods. Vacancies will be posted on the C.L.E.A.R. Administrative Message Center and a copy of the posting shall be provided to Unit 156-Lieutenants. A Lieutenant may bid on up to three (3)Tecognizcd biddable vacancies in orderof preference in writing on a form to be supplied by the Employer. One (1) copy of the bid shall be presented to the Employer, one (1) copy shall be forwarded to Unit 156-Lieutenants, and one (1) copy retained by the Lieutenant who submitted the bid. The Lieutenant with the most time in rank submitting a bid shall be awarded the recognized biddable vacancy. When there are no bidders, the Employer may fill the recognized vacancy within its discretion. A Lieutenant assigned to a District bid position will be treated like any other successful biddertoa District bid position. A successful bidder may not bid for another recognized vacancy for one (1) year, unless reassigned by the Employer during that year. A successful bidder may not be reassigned for one (1) year, except (a) for emergencies for the duration of the emergency, (b) for just cause or (c) where the Superintendent determines that the Lieutenant's continued assignment would interfere with the effective operation of the Unit.
If the Employer assigns or details a District bid Lieutenant to a District other thanthe District of bid, the affected Lieutenant will be entitled to compensation at the rate of time-and-one-half in quarter hour increments for the duration of the assignment. This Section does not apply to Lieutenants assigned to the Community Policing Office, Tactical Lieutenants or Lieutenants assigned as Foot Lieutenants within the Central Control Group.
C. Unit Bidding Process
This Section applies only to bidding to the Public Transportation Section and Traffic Section.
There is one (T ) Unit bid position in each of the following: Public Transportation Section and Traffic Section.
A Unit bid vacancy occurs as a result ofany ofthe following: a detail out ofthe Unit for more than ninety (90) days, transfer, resignation, retirement, discharge, promotion ordealh. I f and when the Employerdccides to fill a recognized vacancy, vacancies will be filled as follows: if the vacancy is a bid vacancy (i.e., the previous incumbent held the position by bid), then the vacancy shall be filled by bid. If the
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previous incumbent had been appointed at the discretion ofthe Employer, then the vacancy shall be filled at the d iscretion ofthe Employer. Bid vacancies will be filled prior to management vacancies being filled.
The Employer shall post said recognized biddable vacancies, if any, at least fourteen (14) clays before the start ofthe twenty-eight-(28-) day police period. A copy of the posting shall be provided to Unit 156-Lieutenants. A Lieutenant may bid on up to three (3) recognized biddable vacancies in order of preference in writing on a foimto be supplied by the Employer. One ( I ) copy of the bid^shall be presented to the Employer, one (I) copy shall be forwarded to Unit 156-Lieutenants, and one (1)copy retained by the Lieutenant who submitted the bid. The Lieutenant with the most time in rank submitting a bid shall be awarded the recognized biddable vacancy. When there are no bidders, the Employer may fill the recognized vacancy within its discretion. A Lieutenant assigned to a Unit bid position will be treated like any other successful bidder to a District bid position. A successful bidder may not bid for another recognized vacancy for one (1) year, unless reassigned by the Employer during that year. A successful bidder may not be reassigned for one (1) year, except (a) for emergencies for the duration of the emergency, (b) for just cause or (c) where the Superintendent determines that the Lieutenant's continued assignment would interfere with the effective operation of the Unit. A successful bidder who is removed from a Unit may not re-bid to the Unit for a period of one (1) year.
This paragraph applies to vacancies (as defined in C.2 above) in Lieutenant positions; within the Bureau of Detectives, Areas North, Central and South, Property Crimes and Violent Crimes units, occurring on or after the final date of ratification of this Agreement. If the Employer decides to fill the vacancy, a Lieutenant shall submit an application in the format required by the Employer to the Commanding Officer by the deadline established in the posting. The Employer shall review the documentation submitted and evaluate the qualifications of each candidate, offering the position to the best qualified Lieutenant in the sole judgment ofthe Employer.
D. Bureau of Professional Standards Selection Process
The Employer shall post recognized vacancies in Lieutenant positions within the Bureau of Professional Standards for a period of at least seven (7) business days. The posting may be published either electronically or in print and shall identify the required knowledge, skills and abilities for successful performance in the position as
. established by the Employer.
To be considered for a posted vacancy, a Lieutenant shall submit an application, resume or curriculum vitae and other required documentation to the designated exempt Commanding Officer by the deadline established in the posting.
The Employer shall review the documentation submitted by each Lieutenant and shall interview at least five (5) Lieutenants who satisfy the minimum qualifications for successful performance in the position.
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Afterthe interviews are completed, the Employer shall evaluate the qualifications of each candidate interviewed and shall offer the position to the most qualified Lieutenant.
TTie Employer's offer to the Lieutenant is subject to any internal and external review procedures applicable losuch selection processes.
Professional Development and Training Committee
Upon the ratification of this Agreement, theparties agree to form a joint Professional Development and Training Committee to study, discuss and develop recommendations to increase the number and type of professional development and training opportunities available to Lieutenants to enhance their qualifications for promotions within the Department.
The membership ofthe Committee shall be limited to five (5) members appointed by the Employer, five (5) members appointed by Unit 156-Lieutenants and any appropriate resource personnel whose presence may be required on an occasional basis.
In addition to other mutually agreeable subjects, the Committee shall study, discuss and develop recommendations regarding the following issues:
Establishing a process for identifying and publishing professional opportunities for Lieutenants within the Department.
Developing a protocol for effectively communicating the qualifications established by the Employer forsuch opportunities, including, but not limited to, specialized knowledge, skills, abilities and training; bachelor's or master's degrees; time-in-rank requirements; and other eligibility criteria.
Improving application procedures to guide Lieutenants in the submission of applications, resumes and curriculum vitae in response to a published opportunity.
Identifying educational and training programs for Lieutenants to enhance their knowledge, skills and abilities as required for promotion.
Exploring alternative means to diversify a Lieutenant's professional experience within the Department [e.g., a rotating ninety- (90-) day detail program within Patrol Division Administration].
The Committee shall submit its initial recommendations to the Office of the Superintendent and the President of Unit 156-Lieutenants no later than July 1, 2010. If the Committee's recommendations are acceptable to the Employer and Unit 156-Lieutenants, theparties agree to implement them during the term ofthis Agreement.
Alternative Work Schedules
During the term ofthis Agreement, if the Employer implements a new work schedule, the positions that are eligible forbidding under this Article shall not be changed', unless such positions are incompatible with the new work schedule. If such positions are incompatible with the new work schedule, the Employer shall notify Unit 156-Lieutenants of such incompatibility prior to implementing the new work schedule and shall meet with Unit 156-Lieutenants upon request to negotiate how the conflict may be resolved. Any negotiations between the parties pursuant to this Section shall not prevent the Employer from implementing the new work schedule.
Management Transfers Within District Law Enforcement
Prior to transferring a Lieutenant from a management position in one District to a management position in another District, the Chief of Patrol shall request volunteers for the transfer from within the District identified by him/her as the appropriate District for requesting volunteers and shall consider any volunteers for the transfer before selecting the Lieutenant to be transferred.
Prior tothe assignment of newly-promoted Lieutenants, the Employer will post the number of management positions in District Law Enforcement equal to, but not great er than, seventy-five percent (75%) of the total complement of newly-promoted Lieutenants. Incumbent Lieutenants shall be eligible to request up to three (3) management positions, which shall be granted on the basis of seniority provided the Lieutenant possesses the present ability to perform the duties of the position. In the event the most senior incumbent Lieutenant submitting such a request is a Unit Bid Lieutenant, that Lieutenant shall surrender his or her Unit Bid position as'a precondition to becoming the management Lieutenant in the District in which the management position exists. Article 20, Sections 20.7, 20.12 and 20.13 shall not apply to transfers implemented under this subsection.
ARTICLE 33 COMPLETE AGREEMENT
The parties acknowledge that, during the negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining. The understandings and agreements arrived at by theparties after the exercise of that right and opportunity are set forth in this Agreement. Except as may be stated in this Agreement, each party voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement or wilh respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of cither or both ofthe parties at the time they negotiated and signed this Agreement.
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ARTICLE 34 SAVINGS CLAUSE
If any provisions ofthis Agreement orany application thereof should be rendered ordeclared unlawful, invalid or unenforceable by virtue of any judicial action, or by any existing or subsequently enacted federal or state legislation or by Executive Order or the order ofany other competent authority, the remaining provisions of this Agreement shall remain in full force and effect. In such event, upon the request of either party, the parties shall meet promptly and negotiate with respect to substitute provisions for those provisions rendered or declared unlawful, invalid or unenforceable.
In witness whereof, theparties hereto affix their signatures this day of
For the City of Chicago, an Illinois Municipal Corporation
For the Policemen's Benevolent & Protective Association of Illinois, Unit 156-Lieutenants
Michael Stiscak, President
David Brown Superintendent of Police
APPENDIX A LIEUTENANTS
CONFIDENTIAL POSH IONS:
Within the Management and Labor Affairs Section, one Lieutenant position. Within the Superintendent'sOfficeof Legal Affairs, one Lieutenant position. Within the Executive Staff of the Deputy Superintendent in charge ofthe Bureau of Operational Services, two Lieutenant positions.
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APPENDIX B NOTICE TO SUPERVISORS REGARDING PROGRESSIVE DISCIPLINE
Supervisors, including Commanders, retain the flexibility, authority and discretion where circumstances warrant to issue reprimands to offending officers for infractions. Second or even repeated infractions of minor rules may, but do not always, require increased punishment (particularly including a loss of time or income) when a reprimand will suffice to achieve the goal of correcting improper behavior.
There is some belief that a progressive system of discipline requires enhanced penalties no matter how insignificant the infract ion. This is not correct.
You are permitted and urged to use your judgment in determining the appropriate level of discipline. Officers in this Department are a valuable resource which should not be wasted orunduly restricted.
David Brown Superintendent of Police Chicago Police Department
Acknowledged:
Michael Stiscak President
Unit 156-Lieutenants
Date:
APPENDIX C EXPEDITED ARBITRATION RULES
All just cause discipline cases brought under Article 8 ofthe Agreement which challenge disciplinary action involving a thirty (30) day suspension or less and/or grievances alleging violations ofthe seniority provisions in Article 20 or 23 or any other mutually agreed upon Article will be heard under this expedited procedure, unless designated by either party for a hearing under the full arbitration hearing procedure.
Whenever discipline cases are processed pursuant to these Expedited Arbitration Rules, the parties shall initially submit the cases to a Summary Opinion Process, and the Arbitrator designated by the parties for the process shall issue a Summary Opinion for each case submitted. The Summary Opinion shall not be binding on the Department, Unit 156-Lieutenants or the Lieutenants involved.
Cases subject to the expedited procedure will be heard in as close to chronological order as possible, according to the date filed. Exceptions will be made only in order to facilitate the use of non-employee witnesses.
Cases currently scheduled for arbitration may be subject to this expedited procedure, subject to agreement ofthe parties.
Five (5) or six (6) Arbitrators constituting an expedited panel will be selected from the existing panel. The expedited panel will be reviewed every six (6) months, at which time
' substitutions may be made. In making substitutions, an Arbitrator may be removed at the
request of either party, but any substitute must be agreed upon.
In scheduling hearings, the Arbitrator on the panel will be required to schedule a block of two (2) or three (3) consecutive hearing days. The parties will attempt to rotate the scheduling equitably among all Arbitrators on the expedited panel, subject to their availability.
The parties will attempt to schedule at least two (2) hearings per day before the Arbitrator. Any case not completed at the end of the particular block of hearing days will be the first case heard by the same Arbitrator on his/her next scheduled date.
Arbitrators will receive all grievance documentsand relevant documents from the Complaint Register file at least one (1) week prior to the hearing at the discretion of the Arbitrator.
Arbitrators will be permitted to issue subpoenas in accordance with applicable law. Subpoenas shall not be used for purposes of delay.
The expenses of witnesses for either side shall be paid by the party producing such witnesses.
Hearings will be scheduled alternately at Employer and Unit 156-Lieutenants designated locations.
63
I 1. Each party will represent itself at the hearing and may designate any representative who is not an attorney.
The hearings shall be informal. The Arbitrator shall assist the parties in ensuring that there is a complete record.
The Arbitrator may require witnesses to testify under oath.
There shall be no stenographic record ofthe proceedings.
The rules of evidence normally followed in arbitration proceedings shall apply. The Arbitrator shall be the sole judge of the relevance and materiality ofthe evidence offered.
The parties will not file post-hearing briefs. The parties may argue orally on the record and may present relevant authorities to the Arbitrator at the hearing, except that any decisions rendered in the expedited proceedings under these rules may not be cited to the Arbitrator.
The Arbitrator will issue a short written decision no later than sixty (60) days after the completion of the last clay of any scheduled block of hearings. His/her decision shall be based upon the record developed by the parties before and at the hearing, shall include a brief written explanation of the basis for his/her conclusion and shall include reference tothe evidence considered and the role that evidence played in reaching his/her decision.
64
APPENDIX D DENTAL PLAN
The Employer shall make dental coverage available to Lieutenants covered under this Agreement and their eligible dependents. The cost ofthis coverage will be borne by the Employer, subject to applicable Lieutenant co-insurance, deductibles and co-payments. Lieutenants will have the option to choose between the Indemnity Plan or the PPO Plan. Under the Indemnity Plan, a participant can use the dentist of his/her choice for services. The PPO Plan requires a member to select a participating network dentist. All family members must use the same PPO dentist for their dental services. Orthodontia is available only in the PPO Plan. A list of current PPO dentists is available at the Benefits Management Office.
65
H7U1): i
APPENDIX E NETWORK CHANGES
No change, modification or alteration in the composition ofthe hospital network in effect at the time this Agreement is executed shall be made, except in compliance with the following:
Unit 156-Lieutenants shall be notified in writing ofthe intent to change at least ninety (90) days prior to the proposed change where circumstances are within the Employer's control. In all other cases, the Employer will provide the maximum notice as is practicable under the circumstances.
The notice referred to shall, at the time the notice is given, provide sufficient information to explain the contemplated act ion and shall include, at a minimum, but shall not be limited to, the following:
The affected institutions.
The precise reasons the action is being contemplated.
The number of covered participants (employees and/or dependents) receiving in-patient service from such affected facility at the time the notice is given.
The number of covered participants (employees and/or dependents) receiving in-patient service from such af fected facility during thepreceding twelve(12) months.
The Employer shall meet within seven (7) calendar days of a request from Unit 156-Lieutenants to discuss the proposed change, shall provide all additional relevant information which is reasonably available and shall be responsible for such notices to participants as may be reasonably demanded by Unit 156-Lieutenants. In the event the parties are unable to resolve a dispute within seven (7) calendar days of the first meeting or such other time as may be mutually agreed upon, the dispute shall be submitted to arbitration pursuant to Section 9A.2, Step Three, within ten (10) days, and both parties shall cooperate to expedite the proceedings.
No change, modification.or alteration covered by this Appendix shall be made or permitted for arbitrary or discriminatory reasons nor shall any change, modification or alteration result in the unavailability of quality health care services in a specific geographic area.
66
K>7:-4'p
APPENDIX F IN-N ETWORK/OUT-OF-NETWORK CARE
In-network co-insurance benefits shall be paid to eligible participants for the following out-of-network care or services:
Emergencies defined as the sudd en and unexpected onset of a medical condition with such severe symptoms that the absence of immediate medical attention could result in serious and permanent medical consequences.
Care ordered by aphysician which, after review by the utilization review vendor, is as follows:
Medically necessary; and
Only available at an out-of-network hospital, or the proposed treatment is performed so infrequent ly in the network that direction to an out-of-network hospital is medically appropriate; or
Available at a network hospital to which the patient cannot be safely transported (only until such time as the patient can be safely transferred tothe network facility, arrangements for which should be initiated once the treatment plan has begun), provided the cost ofthe transfer shall be paid by the plan; or
Care rendered beyond a fifty- (50-) mile radius (from any network hospital) where a participant is domiciled or stationed.
This infonnation is also contained in the Employee Benefit Handbook.
67
APPENDIX G
HEALTH CARE CONTRIBUTIONS FOR ACTIVE LIEUTENANTS
Effective January 1, 2020, active Lieutenants covered by this Agreement will contribute the following percentages of their base salaries from the appropriate salary schedule in Appendix N towards the cost of their health care:
Single Coverage: 2.7921%
Employee +1: 3.4854%
Family Coverage: 3.9765%
For example, contributions at selected salary levels per pay period will be as follows:
SINGLE EMPLOYEE+1 FAMILY
ANNUAL SALARY 2.7921% 3.4854% 3.9765%
$15,000.00 $16.11 $20.11 $22.94
$20,000.00 $21.48 $26.81 $30.59
$30,000.00 $32.22 $40.22 $45.88
$40,000.00 $42.96 $53.62 $61.18
$50,000.00 $53.69 $67.03 $76.47
$60,000.00 $64.43 $80.43 $91.77
$70,000.00 $75.17 $93.84 $107.06
$80,000.00 $85.91 $107.24 $122.35
$90,000.00+ $96.65 $120.65 $137.65
APPENDIX H PRESCRIPTION DRUGS
The following arc the co-payments and effective dates for the lesser of a thirty (30) day supply or one hundred (100) units of the following prescription drugs:
TYPE Generic Tier 1 Formulary Tier 2 Non-Formulary Tier 3 Brand with Generic Equivalent
Effective January 1, 2003 $10.00 $20.00 $10.00 $35.00
Effective July 1, 2006
$10.00
$30.00
$45.00
Generic Co-Payment Plus Cost Difference Between Brand and Generic
Effective July 1, 2006, co-payments for prescriptions obtained through the mail order plan for all health care plans are as follows:
Generic Tier 1: $20.00 [per prescription with a ninety (90) day supply]
Brand Formulary Tier 2: $60.00
Brand Non-Formulary Tier 3: Not Available
Brand with Generic Equivalent: Generic Co-Payment Plus Cost Difference Between Brand'and Generic
69
in: U'P
APPENDIX I
CHEMICAL DEPENDENCY AND MENTAL HEALTH CO-INSURANCE AND LIMITS
Courses of treatment for in-patient chemical dependency and mental health shall include the continuum of care used to treat a particular diagnosis. A new course of treatment will be considered when there is a thirty (30) day or longer period of time with no treatment or clinical supervision provided.
PPO In-Patient Care Co-Insurance: Employer Employee
In-Net work 90% .10%
Out-of-Network 60% 40%
PPO Out-Patient Care:
80% of $ 100.00 Maximum Covered Expenses Per Session Limit of 7 Sessions Covered If Treatment Is Not Certified Maximum Covered Expenses Per Year: $5000.00
HMO Co-Payments for Mental Health or Substance Abuse Care:
Effective January 1, 2006: $15.00 Co-Payment
Effective January 1, 2007: $20.00 Co-Payment HMO Service Limitations:
In-Paticnt Care: Maximum of 30 Days Per Year
Out-Patient Care: Maximum of 30 Visits Per Year
It is understood that the first in-network treatment remains subject to the out-of-pocket maximum. All chemical dependency and mental health treatment, including out-patient, may be subject to utilization review and is subject to the following maximums: $37,500.00 annual individual/$250,000.00 individual lifetime/$500,000.00 family. The maximum lifetime benefit provisions ofthe plan still shall apply.
All chemical dependency and mental health treatment is subject to review by the utilization review vendor. Additionally, to be considered under the chemical dependency and mental health benefit structure, a claim for benefits must include a primary DSM-III-R (Diagnostic and Statistical Manual of Mental Disorders-Third Edition-Revised) diagnosis (or a diagnosis under a subsequent revision).
70
l<>7.:.|V2 I
APPENDIX
HIGH RISK PREGNANCY SCREENING PROGRAM
In order to reduce the risk of a premature birth and the attendant health risks to the mother and child and to avoid the costs associated with the same, the Employer offers a high risk pregnancy screening program. The program is part of the medical advisor program.
Under the program, a pregnant employee, spouse or dependent is encouraged to notify the medical advisor during the first trimester of pregnancy. During the telephone interview, the nurse reviewers will collect information on the health status ofthe prospective mother and her medical history and conduct a health risk assessment to determine if she meets the criteria for a high risk pregnancy.
If the prospective mother does not meet the criteria, the medical advisor will offer educational materials on pregnancy and advise her that a medical advisor will be following up with a call in her second trimester of pregnancy. Further, the medical advisor will advise her that a medical advisor is available if she has any questions about her pregnancy. Subsequent follow-up will depend on the course of the pregnancy. As delivery approaches, the medical advisor will advise her about expected lengths of slay postpartum.
If the prospective mother meets the criteria for a high risk pregnancy, the medical advisor will contact her physician to d iscuss the risk factors and identify what steps, if any, are appropriate to reduce the risk of early delivery. A designee of the medical advisor will follow the case as appropriate. If home health or other services available under the plan are necessary, the medical advisor will approve the care plan and negotiate discounts for approved services. A designee ofthe medical advisor will be available as a resource to both the prospective mother and her physician.
71
APPENDIX K
PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS
A Lieutenant who has been certified as injured on duty shall be provided the current Medical Services Section referral list of available physicians who are members in good standing of the Workers' Choice Network or its successor and who are qualified to render appropriate medical care for the injury claimed in accordance with the parties' letter of understanding executed on July 29, 2009 and captioned "Medical Services Section Physician Referral List." The Lieutenant will select a physician from the list provided by the Medical Services Section for evaluation and/or treatment. The Medical Services Section will refer the Lieutenant tothe physician selected by the Lieutenant.
A Lieutenant may only claim a recurrence of a certified injury on duty if that injury on duty occurred less than ten (10) years from the date of the recurrence claim, unless the Lieutenant's injury on duty required surgery or medical treatment beyond any initial emergency room treatment for the injury on duty. A Lieutenant who is able to claim a recurrence of an injury on duty under Appendix K will have his/her claim evaluated by the Medical Services Section. If the Medical Services Section finds the condition complained of is not a recurrence of an injury on duty, the Medical Services Section will provide the Lieutenant with the current Medical Services Section referral list described above. The Lieutenant will select a physician from the list provided by the Medical Services Section. The Medical Services Section will refer the Lieutenant to the physician selected by the Lieutenant for a relatedness opinion.
Should the Lieutenant or the Medical Services Section not agree with the medical finding of the referral physician, either party may seek another opinion. The Lieutenant will select another physician from the current Medical Services Section referral list of physicians described above. The Medical Services Section will refer the Lieutenant to the physician selected by the Lieutenant. Should that physician's opinion agree with the finding of the first referral physician, it will be binding on both the Lieutenant and the Employer. Should that medical opinion disagree with the first opinion, the parties may accept the second opinion or seek a third opinion. The process for obtaining a third opinion shall follow the same procedure for the selection ofthe second opinion. The finding ofthe third physician agreeing with either of the previous opinions shall be binding on both the Lieutenant and the Employer.
72
APPENDIX L
SUBROGATION LANGUAGE FOR CITY OF CHICAGO
In the event the plan (the."Plan") provides benefits for injury, illness, medical care or other loss (the "Injury") to any person, the Plan is subrogated to all present and future rights of recovery that person, his/her parents, heirs, guardians, executors or other representatives (individually and collectively called the "Participant") may have arising out of the Injury. The Plan's subrogation rights include, without limitation, all rights of recovery a Participant has (1) against any person, insurance company or other entity that is in any way responsible for providing or does provide damages, compensation, indemnification or benefits for the Injury; (2) under any law or policy of insurance or accident benefit plan providing No Fault, Personal Injury Protection or financial responsibility insurance; (3) under uninsured or underinsured motorist insurance; (4) under motor vehicle medical reimbursement insurance; and (5) under specific risk or group accident and health coverage or insurance, including, without limitation, premises or homeowners medical reimbursement, athletic team, school or worker's compensation coverages or insurance.
Upon notice of an Injury claim, the Plan may assert a subrogation lien to the extent it has provided, or may be required to provide, Injury-related benefits. Notice of either the Plan's right of subrogation or the Plan's subrogation lien is sufficient to establish the Plan's rights of subrogation and entitlement to reimbursement from insurers, third parties or other persons or entities against which a Participant may have an Injury-related right of recovery. The Plan shall be entitled to intervene in or institute legal action when necessary to protect its subrogation or reimbursement rights.
The Participant and anyone acting on his/her behalf shall promptly provide the Plan or its authorized agents with information it deems appropriate to protect its right of subrogation and shall do nothing to prejudice that right and shall cooperate fully with the Plan in the enforcement of its subrogation rights. Reasonable attorney's fees and costs ofthe Participant's attorney shall be paid first from any recovery by or on behalf of a Participant and the amount of the Plan's subrogation claim shall be paid next from such recovery. Neither a Participant nor his/her attorney or other representative is authorized to accept subrogation or other Injury-related reimbursement payments on behalf ofthe Plan, to'negotiate or compromise the Plan's subrogation claim or to release any right of recovery prior to the payment of the Plan's subrogation claim.
The Participant and all other parties to a recovery are required to contact the Plan to determine and arrange to pay the Plan's subrogation claim at or prior to the time an Injury-related payment or settlement is made to or for the benefit ofthe Participant. If the Participant obtains a payment or settlement from a party without the Plan's knowledge and agreement, the Plan shall be entitled to immediate reimbursement of its total subrogation claim from the Participant orany party providing any Injury-related payment. In the alternative, the Plan, in its sole discretion, may deny payment of benefits to or on behalf of the Participant for any otherwise covered claim incurred by the Participant until the amount ofthe unpaid coverage is equal to and offset by the unrecovcred amount ofthe Plan's subrogation claim.
The Plan Administrator or its authorized agents are vested with full and final discretionary authority to construe subrogation and other Plan terms and to reduce or compromise the amount of the Plan's recoverable interest where, in the sole discretion of the Plan Administrator or its
73
iu7.;-i'P i
authorized agents, circumstances warrant such action. : The Plan shall not be responsible for any litigation-related expenses or attorney fees incurred by or on behalf of a Participant in connection with an Injury claim, unless the Plan shall have specifically agreed, in writing, to pay such expenses or fees.
The payment of benefits to or on behalf of the Participant is contingent on both the Participant's full compliance with the Plan's provisions, including the subrogation provision, and when the Plan deems appropriate, the Participant's signing of a reimbursement agreement. However, the Participant's failure to sign this reimbursement agreement will nol affect the Plan's subrogation rights or its right to assert a lien against any source of possible recovery and to collect the amount of its subrogation claim.
74
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RED CIRCLE RATE ' STEP 1 ] 30 YRS SVC BEFORE 1/1/2006 143.826 1 ' 1 1.985.50 r>i ic*»-'©'¦¦ •fs)/ .rH: RED CIRCLE RATE STEP 11 30 YRS SVC BEFORE 1/1/2006 146,700 12,225.00
ta u § H STEP 10 AFTER 25 YRS OF SERVICE 140,286 11,690.50 ¦ta :¦& MS. :'5S' ta u -5 STEP 10 OS cn ta W ta as O u ta 1 STEP 9 , AFTER 20 YRS OF SERVICE 136.116 11,343.00 STEP 9 AFTER 20 YRS OF SERVICE 138,840 11,570.00
STEP 8 AFTER 15 YRS OF SERVICE 132,108 1 1,009.00 STEP 8 AFTER 15 YRS OF SERVICE 134,748 11,229.00
1 STEP 7 , AFTER 10 YRS OF SERVICE 128,160 10,680.00 STEP 7 OS cn fc uj a«ou E- ^ ST ta o £ W cn 130,722 10,893.50
1 STEP 6 , AFTER 54 MONTHS 124.416 10,368.00 STEP 6 AFTER 54 MONTHS 126,906 10,575.50
1 STEP 5 AFTER 42 MONTHS 118,392 9,866.00 STEP 5 AFTER 42 MONTHS 120,762 10,063.50
1 STEP 4 AFTER 30 MONTHS 112,812 9,401.00 STEP 4 AFTER 30 MONTHS 115,068 9,589.00
1 STEP 3 AFTER 18 MONTHS 107,400 8,950.00 STEP 3 AFTER 18 MONTHS 109,548 9,129.00
1 STEP 2 AFTER 12 MONTHS 102,360 8,530.00 lV. -.' '". :1 " ¦ ( i •) i-' -'i STEP 2 AFTER 12 MONTHS 104,406 8,700.50
ENTRANCE RAT E 1 STEP ] FIRST 12 MONTHS 97,542 8,128.50 ENTRANCE RATE STEP 1 FIRST 12 MONTHS 99,492 8,291.00 1
ANNUAL LY ANNUAL MONTHLY |
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CLASS K.I KA UK T SCHEI CLASS
Appendix 0
Within seven calendar days of an investigative agency head signing an affidavit as to an anonymous complaint pursuant to Article 6, Section 6.10, said agency head shall notify the Unit designated representative of the member to which the member belongs that such an affidavit has been signed and by whom and in doing so shall indicate the specifics upon which the affidavit was based, including arrest and case reports, medical reports, statements of witnesses, video or audio tapes and photographs, among other evidence, that were considered and the opportunity to view said specifics within said seven calendar days. Within seven calendar days afterreccipt of said notice and material, the Union may by a grievance challenge the signing ofthe affidavit on the grounds that it was not signed in good faith, based upon objective evidence, namely, arrest and case reports, medical reports, statements of witnesses, video or audio tapes and photographs and other similar evidence. If a grievance is filed within said seven calendar days, then the parties shall select an arbitrator from a list of four arbitrators that the parties have mutually agreed to who can hear said grievances within 14 days from the date the grievance was filed. The selection ofthe arbitrators shall be by rotation, beginning alphabetical, and will depend on the availability of the arbitrator, wilh the final selection being whether the arbitrator is available within said 14 days. The hearing shall be held within said 14 days. There will be no pre-hearing or post-hearing briefs.
The arbitrator will issue a bench decision based on whether there was a good faith effort to secure the affidavit and was based on objective evidence ofthe type outlined above. The arbitrator's decision shall be final and binding on the parties. If the arbitrator concludes that the override affidavit was not made in good faith and based on objective evidence, the investigation will cease and no CRwill be issued. If the arbitrator concludes that the override affidavit was signed in good faith, the CR may issue and the investigation may continue. If a grievance is not filed within the designated seven calendar days, a CR will issue and the investigation continued. Pursuant to Section 9.8 ofthe CBAs, the losing party shall be responsible for the arbitrator's fees and expenses. At any time, either party can elect to remove an arbitrator from the panel. In such case, the removed arbitrator, by mutual agreement will be replaced by the parties.
If the parties cannot agree on a list of four arbitrators or a replacement arbitrator, then they shall seek the services of the American Arbitration Association or the Federal Mediation and Conciliation Service to provide them with a list of arbitrators from which they can select their members. The failure to file a grievance within said 10 calendar days will mean that there is no jurisdiction to challenge the affidavit prior to the issuance of a CR number. This procedure only applies to override affidavits involving anonymous complaints.
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APPENDIX P
The following procedures shall apply to arbitrations of grievances challenging suspensions of thirty-one (31) to three hundred sixty-five (365J days.
The Union and the Employer have agreed to a panel of five (5) Arbitrators who shall comprise the exclusive list of Arbitrators to preside over the suspension grievances. The
five (5) Arbitrators are: . Each December the Union and the City shall each be
permitted to strike one (1) Arbitrator from the panel for any reason. In the event an Arbitrator is removed from the panel, the parties shall agree upon a replacement Arbitrator(s). If the parties are unable I o agree upon a replaccment(s), they shall request a list of seven (7) Arbitrators from the American Arbitration Association, each of whom
¦ musl be a member of the National Academy of Arbitrators. Within ten (1) days after receipt of the list, the parties shall select an Arbitrators). Both the Employer and the Union shall alternatively strike names from the list. The remaining person(s) shall be added to the panel.
Within ten (10) days ofthe Union electing to forward the suspension grievance to arbitration, theparties shall meet and select an Arbitrator from the panel. The parties shall contact the Arbitrator and request a hearing date within one hundred-twenty (120) days. If the Arbitrator" is unable to provide a hearing date within this time frame from the date of being contacted, theparties will select another Arbitrator from the panel who is able to provide a hearing date within one hundred-twenty (120) days. Upon appointment of the Arbitrator but prior to the date on which a cancellation fee would be incurred, and unless they have already done so, the parties shall schedule a date to conduct a settlement conference may be discussed at the settlement conference. If the parties arc unable to resolve the suspension grievance, they shall proceed with the Arbitration Process outlined in this Appendix P.
Provided the Union accepts a hearing date within one hund red -twenty (120) days of appointment ofthe Arbitrator, the Lieutenant will not be required to serve the suspension until the Arbitrator rules on the merits ofthe /grievance. In the event additional day(s) of hearing may be required to resolve the grievance, such additional day(s) shall be scheduled within thirty (30) days ofthe first day of hearing. If the Union is not ready to proceed on a scheduled hearing date, the Lieutenant shall be required to serve the suspension prior to the Arbitrator ruling on the merits oi" the grievance.
The authority and expenses of the Arbitrator shall be governed by the provisions of Sections 9.4 and 9.5 of the collective bargaining agreement.
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APPENDIX Q
CHICAGO POLICE DEPARTMENT PHYSICAL FITNESS PROGRAM
The purpose of the Chicago Police Department Physical Fitness Program is to establish a physical fitness standard for all Department members to ensure that their physical endurance, strength and conditioning are commensurate with the responsibilities and expectations of sworn members of the Department and to increase such members' overall health and quality of life.
All participating Lieutenants shall undergo an annual physical fitness assessment that evaluates aerobic capacity and cardiovascular endurance, strength, flexibility, body mass index, resting blood pressure, resting heart rate and other appropriate indicators of physical fitness. Each Lieutenant's physical fitness shall be measured on an individualized basis consistent with the standards established by the Illinois Law Enforcement Training and Standards Board's Peace Officer Wellness Evaluation Report ("POWER") Test and principles commonly employed by the medical establishment to evaluate an individual's overall health. All such standards shall be adjusted to account for a Lieutenant's age, sex or other relevant and appropriate factors, subject to the approval ofLInit 156-Lieutenants.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICAGO AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS,
UNIT 156-LIEUTENANTS, REGARDING COMPLAINT REGISTER M ATRIX
The Unions acknowledge that the Employer has developed a Complaint Register Matrix ("Matrix") and accompanying Complaint Register Matrix Guidelines ("Guidelines"). The Employer has advised the Unions that the purpose of the Matrix and the Guidelines is to ensure that disciplinary penalties are fairly administered through consistent application and enforcement, reflect the gravity of the alleged misconduct, and promote a culture of public accountability, individual responsibility and professionalism while protecting the rights of employees.
The Employer acknowledges and agrees that the principals of just cause apply to review of disciplinary penalties and that an arbitrator presiding over a discipline grievance pursuant to Article 9 of the Agreement is to apply the principles of just cause in reviewing the penalty imposed. In an instance where the Arbitrator finds that principles of just cause require a penalty other than one provided for in the Matrix, the parties agree that the Arbitrator has the authority to depart from the Matrix and impose a different penalty. In such event the Arbitrator will provide a written explanation of why he or she awarded a penalty different from that contemplated by the Matrix.
It is understood that this language does not change the fact that the City bears the burden of proving that the accused committed the acts which are the basis for the charges/allegations as well as the burden of proving that the recommended suspension is of an appropriate duration under the circumstances presented.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICAGO AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT 156A-SERGEANTS, UNIT 156B-LIEUTENANTS AND UNIT 156C-CAPTAINS,
REGARDING DRUG AND ALCOHOL TESTING
A. The Department's existing policies and orders regarding random drugtesting shall be revised to include the following components:
1. Testing for the presence of alcohol while on duty.
Officers selected for random drug testing shall also be tested for alcohol.
Upon notification to submit to random testing, Officers shall continue to report to the Random Drug Testing Unit.
The Department may use urine specimens to test for the presence of both daigs specified in this agreement and alcohol. The Department may also test for alcohol using a breath alcohol test administered by a qualified tcsterusing a certified and calibrated Breathalyzer.
The initial and confirmatory test levels for a positive presence of alcohol shall be a breath alcohol level of .021 or its urine concentration equivalent, unless a different standard is required by paragraph (e) below.
If the test reveals a breath alcohol level of .021 through .039 or their urine concentration equivalents, the Officer shall be relieved from duty without compensation until the next duty day and shall submit lo drug and alcohol testing prior to his/her return to duty. If the retum-to-duty test reveals an alcohol level of .00, the Officer may return to duty and shall not be subject to discipline based on the initial test result; however, during the six- (6-) month period following the date ofthe initial test, the Officer will be selected for random drug and alcohol testing from an eligibility pool consisting of
' similarly situated Officers. If the return-to-duty test or any test administered within the six- (6) month period described above reveals any presence of alcohol, the Officer shall be relieved from duty without compensation until ordered to return to duty, and the Random Dnig Testing Unit will refer the matter to the Internal Affairs Division.
85
If the test reveals a breath alcohol level equal to or greater than .04 or its urine concentration equivalent, the Officer shall be relieved from duty without compensation until ordered to return to duty, and the Random Drug Testing Unit will refer the matter to the Internal Affairs Division. In the event discipline is recommended, the Internal Affairs Division shall consider whether to agree to hold the discipline in abeyance in exchange for the Officer's agreement to participate in a rehabilitation program, remain drug and alcohol free for a defined period and comply with other appropriate terms and conditions (i.e., a "last chance" agreement).
An Officer who is relieved from duty without compensation in accordance with this subsection may utilize accrued elective time during the unpaid period of absence.
f. The above changes shall be implemented effective January 1, 2009 or thereafter.
2. Bidders and/or applicants for assignments in the Organized Crime Division, Bomb and Arson Unit, Evidence and Recovered Property Unit, Marine Unit or Mounted Unit shall be required to submit to a drug and alcohol test prior to appointment. Thereafter, all Officers assigned to such specialized divisions or Units shall be selected for random drug and alcohol testing from an eligibility pool consisting solely of Officers assigned to such specialized divisions or Units.
B. The procedures applicable to drug testing conducted by the Department, regardless of whether the basis for the testing is random, for cause or any other basis, shall be amended to includ e the following:
I. Ecstasy (MDA/MDMA) and anabolic steroids shall be added to the panel of substances for which the Department tests, and Methaqualone shall be removed from such panel. The current panel shall thus be modified as follows:
Substance
Anabolic Steroids
Amphetamines
Barbiturates
Benzodiazepines Cocaine Metabolites
Marijuana Metabolites
MDA/MDMA
Methadone Opiates
Initial Tes t Level (ng/mL)
Any Presence 1000
300 300"
300 50 250 300 2000
con! irmatory Test Level (ng/mL)
Any Presence '~500" 200 200 ~~ "15 0 15_ 200 200 2000
86
Initial Test Level (ng/mL)
Confirmatory Test Level (ng/mL)
Phencyclidine
Propoxyphene
During the tenn of this Agreement, the Department may add or remove additional substances to or from the panel referred to above when it has reasonable grounds for such addition or removal (such as whennew drugs are developed or changes occurin patterns of consumption of dangerous or illegal drugs), provided that it shall provide Unit 156 with thirty (30) days' advance written notice and, upon request, meet with Unit 156 to negotiate the addition orremoval of a substance to or from the panel. If the parties are unable to agree on the addition or removal of a substance from the panel, the dispute shall be resolved through the binding grievance and arbitration procedure set forth in Article 9. The sole issue before the Arbitrator shall be whether the Department has a reasonable basis for adding or removing the substance to or from the panel and for the initial and confirmatory test levels.
If a test reveals a positive presence of a substance on the above panel or the abuse of prescription drugs, the RandomDrug Testing Unit will continue to refer thematterto the Internal Affairs Division.
Effective upon ratification, in any instance where an Officer discharges his/her weapon, whether on or off duty, the Officer shall submit to drug and alcohol testing at the direction of the Internal Affairs Division or any superior authority. If the Officer has discharged his/her weapon off duty and the test reveals the presence of alcohol, the Department shall not discipline the Officer based solely on the results of the alcohol test when the Officer's actions are consistent with the Department's use of force guidelines.
The Department's existing policies and orders regarding drug and alcohol use shall be amended to state that an Officer is prohibited from consuming alcohol within the four- (4-) hour period preceding the start of a previously scheduled shift or after receiving notice to report for duly.
James C. Franczek, Jr.
On Behalf of the City of Chicago
Marvin Gittler
On Behalf of Unit 156A-Sergeants On Behalf of Unit 156B-Lieutenants On Behalf of Unit 156C-Captains
Dated:
cS7
MEMORANDUM OE UNDERSTANDING BETWEEN THE CITY OE CHICAGO AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT I56A-SERGEANTS, UNIT 156B-LIEUTENANTS AND UNIT 1S6C-CAPTAINS
REGARDING RETIREE HEALTH CARE BENEFITS
The parties agree that the health care benefit provided to officers who retire on or after age sixty (60) pursuant to Article 12 of the parties' collective bargaining agreement effective July 1, 2012 through June 30, 2016 ("the Agreement") shall be extended to officers who retire on or after age fifty-five(55), subject tothe following terms and conditions:
A. Health Care Benefits Upon Retirement
Officers Who Retire on or After Age Sixty (60)
Officers who retire on or after age sixty (60) shall continue to receive the health care benefit set forth in Article 12 of the Agreement, but shall have their final compensation paid in accordance with Section (B). Effective for retirements occurring ninety (90) or more days after the date of ratification of this Agreement, officers who retire on or after age 60 and prior to age 63 and who elect to receive the health care benefit set forth in Article 12 ofthe Agreement shall contribute one and one-half percent (1.5%) of their annuity then being received pursuant to the provisions ofthe Policemen's Annuity and Benefit Fund Act ofthe Illinois Pension Code (40 ILCS 5/5-101 et seq.) ("Pension Code"). Such officers shall continue to contribute this percentage contribution foras long as they receive the health care benefit set forth in Article 12 ofthis Agreement.
Officers Who Retire on or After Age Fifty-Five (55) and Before Age Sixty (60)
Officers who retire on or after age fifty-five (55) and before age sixty (60) shall be. eligible for the health care benefit set forth in Article 12 ofthe Agreement, provided that they file for retirement in accordance with the following schedule:
Notwithstanding the following provisions applicable to retirements in 2020 and thereafter, eligible officers who provide written notice of retirement within twenty-one (21) davs afterthe date of ratification ofthis Agreement, with an effective date of retirement between sixty (60) and ninety (90) days after the date of ratification of this Agreement, may participate in this benefit and contribute two percent (2%) of their annuity then being received pursuant to the provisions of the Pension Code. Such officers shall continue lo contribute this percentage contribution for as long as they receive the health care benefit set forth in Article 12 of this Agreement. Effective for the calendar year 2020 and each year thereafter, the effective dale of retirement shall he between May 1 through December 3 1. provided the officer files for retirement at least thirty (30) days prior to the el fective date of retirement.
Effective for retirements occurring on or after the date of ratification ofthis Agreement, officers who retire on or after age fifty-five (55) and before age sixty (60) and who elect to participate in this benefit shall contribute three and one-half percent (3.5%) of their annuity then being received pursuant to the provisions ofthe Policemen's Annuity and Benefit Fund Act ofthe Illinois Pension Code (40 ILCS 5/5-101 et seq.). Such officers shall continue to contribute this percentage contribution for as long as they receive the health care benefit set forth in Article 12 ofthis Agreement.
B. Payment of Final Compensation Upon Retirement
Legally Required Final Compensation
Upon retirement, the Employer shall pay to each eligible officer or his/her estate if necessary any compensation owed to such officer in the form of wages earned, unused compensatory time granted pursuant to the federal Fair Labor Standards Act ("FLSA"), unused elective time provided by the Agreement (e.g., furlough days, Baby Furlough Days and personal days) and any other final compensation that may be legally owed to such officer. Any wage increases that are implemented during the tenn of the Agreement and that are effective prior to the officer's date of retirement shall be applied retroactively to his/her legally required final compensation paid pursuant to this subsection.
Non-FLSA Compensatory Time
Upon retirement, the Employer shall calculate the value of each officer's accumulated non-FLSA compensatory time (if any) based on the officer's rate of pay in effect at the time of retirement. As part of the officer's legally required final compensation, the Employer will then pay to the officer or his/her estate the value of his/her non-FLSA compensatory time up to yet not exceeding $20,000.00. Any wage increases that are implemented during the term ofthe Agreement and that are effective prior lo the officer's date of retirement shall be applied retroactively to his/her legally required final compensation paid pursuant to this subsection.
On or before March 1 of the first calendar year following the date ofthe officer's retirement, the Employer shall pay to the officer or his/her estate the value of his/her remaining non-FLSA compensatory time up to yet not exceeding $15,000.00. If a remainder exists, the Employer shall also pay to the officer or his/her estate one-third of the value of the remainder.
On or before March 1 of the second calendar year following the date of the officer's retirement, the Employer shall pay to the officer or his/her estate the value of his/her remaining non-FLSA compensatory time up to yet not exceeding $15,000.00. If a remainder exists, the Employer shall also pay to the officer or his/her estate one-half of the value of the remainder.
On or before March 1 of the third calendar year following thedateof the officer's retirement, the Employer shall pay to the officer or his/her estate the value of any and all remaining non-FLSA compensatory time.
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C. Term of Memorandum of Understanding
The terms and conditions of this memorandum of understanding shall be subject to renegotiation by the parties beginning on or after June 30, 2022 as part ofthe collective bargaining negotiations for a successor collective bargaining agreement.
James C. Franczek, Jr.
On Behalf of the City of Chicago
Dated:
IH7n4''2 1
Michael Ryan President
PB&PAUnit 156B- Lieutenants Re: Section 20.13
The following will set forth our understandings with respect to Section 20.13 - Out of Area Details.
During our negotiations, both the Union and. the Department expressed their concerns and goals with respect to details. The Union emphasized the inconvenience and disruption such details may pose for Lieutenants. The Department emphasized the operational need to be able to detail Lieutenants when circumstances require. The changes to Section 20.13 have been agreed to in the spirit of accommodating and furthering the parties' respective goals and concerns.
The parties acknowledge that the Department retains the sole and exclusive authority to determine which District(s) shall supply the Lieutenant(s) for the detail. Once the Department has identified the District(s) which will supply the Lieutenant(s) for the detail, if the additional compensation provisions of Section 20.13 apply (e.g., District Oil is designated to provide a Lieutenant for detail to District 016), and provided the Department has more than twenty-four (24) hours' notice ofthe need for the detail, the Department shall select from among the Lieutenants (both Bid and Management) assigned to that District scheduled to work on the same day and watch for which the detail is needed, and the most senior of the Lieutenants shall have first option to accept the detail. "First option", in this context, means that the Department will attempt to contact the senior Lieutenant at the telephone number provided by the Lieutenant. If a message is left at the telephone number provided by the Lieutenant, the Department shall wait one (l) hour before contacting the next Lieutenant in that District. If the senior Lieutenant is not available, does not answer the telephone, etc., regardless of the reason, the Department is under no obligation to postpone contacting the next most senior Lieutenant. If the junior Lieutenant accepts the detail, the selection process is regarded as complete and the Department is under no obligation to select the more senior Lieutenant if he or she subsequently contacts the Department and expresses a willingness to accept the detail. In addition, the Department is not obligated to postpone making its selection. For example, if the Department has two weeks advance notice ofthe need for a detail that would trigger the additional compensation provisions of Section 20.13, it may initiate the selection process at any time.
The parties discussed the definition of "ma jor unforeseen event." The parties agree that the definition is not limited to "emergencies" but encompasses events for which the Department may have had advance notice but which assume a character
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that was not anticipated. Among the examples discussed by the parties was the instance of a scheduled rally or protest march which attracts a significantly greater number of participants than the Department had anticipated, requiring marshaling of a larger response than had been planned by the Department.
The parties further discussed the proper application of Section 20.13 to Lieutenants assigned as the Community Policing Lieutenant. It is understood that a Management Lieutenant assigned as the Community Policing Lieutenant may be detailed according to Section 20.13 even if the detail is not for the purpose of performing Community Policing functions. In order for a Lieutenant assigned to the Community Policing Office to be exempt from the premium pay provisions of Section 20.13 under circumstances where premium compensation would otherwise be due, the detail in question must be for a CAPS-related function, such as a festival, parade, or similar event. If, however, the Lieutenant is detailed to function as a Field Lieutenant or Watch Operations Lieutenant and not for a CAPS-related event or purpose, then the proviso that Section 20.13 does not apply shall not be applicable with respect to that detail. Lieutenants will not be designated as Community Policing Lieutenants for the purpose of avoiding the premium pay provisions of Section 20.13.
Very truly yours, Donald J. O'Neill
AGREED:
Michael Ryan
92
107 M92 1
Franczek Radelet
Attorneys and Counselors
300 South Wacker Drive ; Suite 3400 Chicago. IL 60606 Phone 312.986.0300 Fax 312.986.9192 ! franczek.com
James C. Franczek, Jr. 312.786.6110 jcf @l'ra nczek.co m
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago, Illinois 60606
Re: Lieutenant's Right To Edit and Correct Statements Made During Disciplinary Investigations
Dear Mr. Gittler:
This letter confirms the parties' discussions during negotiations regarding a Lieutenant's right to edit and correct copies of statements made during disciplinary investigations after they are distributed pursuant to Sections 6.1 (J) and 6.2(D) ofthe Agreement. Specifically, the parties agree that the amendments to Sections 6.1 and 6.2 regarding the method of recording statements do not modify the current policy or practice governing the editing and correcting of statements. Moreover, in light of the parties' agreement to allow statements to be recorded audio electronically, the parties recognize that this policy or practice may need to be modified to accommodate the new method of recording and that such modifications will only become effective upon the written consent of Unit 156-Lieutenants.
This letter is subject to the grievance and arbitration procedure established in Article 9 ofthis Agreement.
Very truly yours, James C. Franczek, Jr.
AGREED:
Marvin Gittler
Franczek Radelet
Attorneys and Counselors ..
300 South Wacker Drive i Suite 3400 Chicago, IL 60606 Phone 312.986.0300 ! Fax 312.986.9192 ! franczek.com
James C. Franczek, Jr. 312.786.6110 jcf@franczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago, Illinois 60606
Re: Implementation of CLEAR Grievance Management System
Dear Mr. Gittler:
This letter confirms the City's representations during negotiations with respect to Section9.2 ofthe Agreement and the forthcoming implementation of theCitizen and Law Enforcement Analysis and Reporting System ("CLEAR") grievance management system. Specifically, the parties agree that the Department will not implement the CLEAR grievance management system until Unit 156-Lieutenants has been provided the opportunity to review the system and submit recommendations to the Department regarding such system. The current grievance and arbitration procedure will remain in effect until the obligations set forth in this letter are satisfied and until Unit 156-Lieutenants has the technological capability to access CLEAR remotely from its office.
This letter is subject to the grievance and arbitration procedure established in Article 9 ofthis Agreement.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
94
Franczek Radelet
Attorneys and Counselors „ „ _ ... ..
300 South Wacker Drive Suite 3400 Chicago, IL 60606 Phone 312.986.0300 I Fax 312.986.9192 ! franczek.com
James C. Franczek, Jr. 312.786.61 10 jcf@.fra ncv.ck.com
July 29, 2009 Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago, Illinois 60606
Re: Expansion of Flexible Spending Account ("FSA") Plan To Include Dependent Care Benefit
Dear Mr. Gittler:
This letter confirms the City's representations during negotiations with respect to Article 12 of the Agreement and the anticipated expansion of the Flexible Spending Account ("FSA") plan to cover qualified unreimbursed dependent care benefits. The Chicago Labor-Management Trust—of which Unit 156-Lieutenants has committed to becoming a signatory member—formally adopted this initiative as a project directive during theBoard of Trustees meeting on May 9, 2008 and is currently researching and developing recommendations regarding such initiative. Consequently, the inclusion of any such benefit in the Agreement would be premature. The City reiterates, however, its firm commitment to pursue this initiative through the Trust and anticipates that this benefit may soon be available to employees. In the event that this benefit is not implemented as contemplated, the City agrees to meet with Unit 156-Lieutenants upon request to evaluate the alternatives that may be available.
This letter is subject to the grievance and arbitration procedure established in Article 9 ofthis Agreement.
Very truly yours, James C. Franczek, Jr.
AGREED:
Marvin Gittler
Franczek Radelet
Attorneys and Counselors
300 South Wacker Drive : Suite 3400 Chicago, IL 60606 Phone 312.986.0300 . Fax 312.986.9192 I franczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago, Illinois 60606
Re: Implementation of CLEAR Bidding System
Dear Mr. Gittler:
This letter confirms the City's representations during negotiations with respect to Article 32 ofthe Agreement and the forthcoming implementation of the Citizen and Law Enforcement Analysis and Reporting System ("CLEAR") bidding system. Specifically, the parties agree that the Department will not implement the CLEAR bidding system until Unit 156-Lieutenants has been provided the opportunity to review the system and submit recommendations to the Department regarding such system. The current bidding procedure will remain in effect until the obligations set forth in this letter are satisfied and until Unit 156-Lieutenants has the technological capability to access CLEAR remotely from its office.
This letter is subject to the grievance and arbitration procedure established in Article 9 ofthis Agreement.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
96
III"/'.--!1'?. I
£k Franczek Radelet
Attorneys and Counselors
300 South Wacker Drive : Suite 3400 Chicago, IL 60606 Phone 312.986.0300 : Fax 312.986.9192 ! franczek.com
James C. Franczek, Jr. 312.786.6110
jcf@franczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago, Illinois 60606
Re: Medical Services Section Physician Referral List
Dear Mr. Gittler:
This letter confirms our agreement with respect to the list of approximately eight hundred (800) referral physicians maintained by the Department's Medical Services Section. A Lieutenant seeking a referral for an injury on duty will be allowed to select any physician on this referral list within the specialty appropriate to the treatment ofthe Lieutenant's injury. The Department reserves the right both to add physicians to the referral list and remove physicians from such list. The Department agrees that physicians will not be removed from the referral list for arbitrary or capricious reasons. The Department agrees to meet with designated representatives of Unit 156-Lieutenants on a quarterly basis for the purpose of discussing the composition ofthe referral list, including suggestions for the expansion of the referral list and the bases for removals from such list.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
97
i (S7.-.4V2 1
Franczek Radelet
Attorneys and Counselors
300 South Wacker Drive : Suite 3400 Chicago, IL 60606 Phone 312.986.0300 : Fax 312.986.9192 ! franczek.com
Jamks C. Franczek, Jr.
312.786.6110
jcf@franczck.com
Mr. Thomas Pleines
Re: Resignations and Retirements While Under Investigation
Dear Mr. Pleines:
This letter confirms the City's representations during negotiations regarding the credentialsto be afforded to a Lieutenant who resigns or retires from the Department while the subject of an ongoing Complaint Register investigation.
In accordance with current policy, the Superintendent has the discretion to decide whether the Lieutenant's personnel file should stale that the Lieutenant resigned or retired "while under investigation" based on the totality ofthe circumstances surrounding the investigation, including, but not limited to, the likelihood that the investigation will result in a sustained find ing accompanied by a recommendation for a substantial disciplinary penalty, the possibility that the investigation may result in the decertification of a Lieutenant as a peace officer and/or the extent to which the Lieutenant has cooperated in the investigation both before and after his/her separation from employment. This same standard also governs whether the Lieutenant will receive full retirement credentials or any other post-employment honorary benefits and emoluments.
In the event that Unit 156-Lieutenants or the Lieutenant disagrees with the Superintendent's decision, either party may file a grievance pursuant to Section 9.2 ofthe Agreement or submit the grievance to mediation, but the grievance shall not be subject to arbitration. Effective for resignations or retirements occurring after the date of ratification ofthis Agreement, Unit 156-Lieutenants may submit the grievance to arbitration pursuant to the provisions of Article 9 of the Agreement. The Arbitrator may set aside the Superintendent's decision only if the Arbitrator determines that the Superintendent's decision was an arbitrary application of the standard set forth in the proceeding paragraph.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Tom Pleines
-vr i
Franczek Radelet
Attorneys and Counselors
300 South Wacker Drive Suite 3400 Chicago, IL 60606 Phone 312.986.0300 : Fax 312.986.9192 ! franczek.com
James C. Franczek, Jr. 312.786.6110
jcf@franczck.com
August 20, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd. 200 West Jackson Boulevard, Suite 1900 Chicago, Illinois 60606
Re: Uniform Allowance
Dear Mr. Gittler:
This letter will confirm that the uniform allowance provisions in Section 21.3(B) are not intended and shall not be used to replace or offset any provisions of Section 21.3(A) in whole or in part.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
99
AGREEMENT BETWEEN THE CITY OF CHICAGO AND THE
POLICEMEN 'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT 156-SERGEANTS
EFFECTIVE JULY 1, 2016 THROUGH JUNE 30, 2022
TABLE OF CONTENTS
Page
ARTICLE 1 PREAMBLE \|910|
ARTICLE 2 RECOGNITION AND UNIT WORK|910|ARTICLE 3 UNION SECURITY|910|Section 3.1 Maintenance of Membership and Agency Shop|910|Section 3.2 Dues Deduction|910|Section 3.3 Indemnity|910|Section 3.4 Bona Fide Religious Belief|910|Section 3.5 Unit 156-Sergeants Presentation at Orientation|910|
ARTICLE 4 MANAGEMENT RIGHTS|910|
ARTICLE 5 NO STRIKE|910|Section 5.1 No Strike Commitment|910|Section 5.2 Resumption of Operations|910|Section 5.3 Union Liability|910|Section 5.4 Discipline of Strikers|910|
ARTICLE 6 BILL OF RIGHTS|910|Section 6.1 Conduct of Disciplinary Investigation|910|Section 6.2 Witness Statements in Disciplinary Investigations|910|Section 6.3 Non-Adoption of Ordinance|910|Section 6.4 Photo Dissemination|910|Section 6.5 Compulsion of Testimony|910|Section 6.6 Polygraph|910|Section 6.7 Disclosure 9
Section 6.8 Media Information Restrictions 9
Section 6.9 Videotaping of Witness Testimony 9
Section 6.10 Affidavits 10
Section 6.11 Mediation 10
ARTICLE 7 SUMMARY PUNISHMENT 11
ARTICLE 8 EMPLOYEE SECURITY 11
Section 8.1 Just Cause Stand aid 11
Section 8.2 File Inspection 11
Section 8.3 Limitation on Use of File Material 11
Section 8.4 Use and Destruction of File Material 12
Section 8.5 Notification 12
ARTICLE 9 GRIEVANCE PROCEDURE 13
Section 9.1 Definition and Scope 13
Section 9.2 Procedures, Steps and Time Limits 13
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Page
Section 9.3 Arbitration of Standard Grievances 14
Section 9.4 Authority of Arbitrator 15
Section 9.5 Expenses of Arbitrator 16
Section 9.6 Processing and Time Limits ; 16
ARTICLE 10 NON-DISCRIMINATION 20
Section 10.1 Equal Employment Opportunity 20
Section 10.2 Non-Discrimination 20
Section 10.3 Religious Holiday Accommodation 20
Section 10.4 Americans with Disabilities Act 21
ARTICLE 11 HOLIDAYS 21
Section 11.1 Designated Holiday 21
Section 11.2 Compensation for Holidays 21
Section 11.3 Personal Day 22
Section 11.4 Special Compensation Time 22
Section 11.5 Holiday Declaration 23
ARTICLE 12 HEALTH INSURANCE AND RELATED BENEFITS 23
Section 12.1 Medical, Dental and Flexible Spending Account Plans 23
Section 12.2 Chicago Labor-Management Trust 24
Section 12.3 Health Care Reopener 24
Section 12.4 Ambulance Fees 25
ARTICLE 13 LAYOFFS AMD RE-EMPLOYMENT 25
Section 13.1 Priority of Layoffs 25
Section 13.2 Notice of Layoffs 25
Section 13.3 Recall 25
ARTICLE 14 BULLETIN BOARDS 26
ARTICLE 15 SAFETY ISSUES 26
Section 15.1 Cooperation 26
Section 15.2 Safety Committee 26
Section 15.3 Disabling Defects 27
Section 1 5.4 Notices 27
ARTICLE 16 SECONDARY EMPLOYMENT 28
ARTICLE 17 UNIT 156-SERGEANTS REPRESENTATIVES 28
Section 17.1 Meeting Participation and Scheduling 28
Section 17.2 Unit 156-Sergeants Representatives 28
Section 17.3 Attendance at Unit 1 56-Sergeants Meetings 28
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TABLE OF CONTENTS
Page
Section 17.4 Grievance Processing 29
Section 17.5 Attendance at State and National Conferences 29
Section 17.6 Unit 156-Sergeants Negotiating Team|99|29
Section 17.7 Unit 156-Sergeants Activity 29
ARTICLE 18 DISABILITY INCOME 30
Section 1 S.f IOD 30
Section 18.2 Non-IOD 30
Section 18.3 Certification 30
Section 18.4 Return to Duty 30
Section 18.5 Advisory Committee 31
Section 18.6 Injuries on Duty and Recurrence Claims 31
Section 18.7 Employer Responsibility for Hospital, Medical and Prescription Costs and
Pension Contributions 31 ¦
Section 18.8 Medical Benefit Statement '. : 31
ARTICLE 19 BEREAVEMENT LEAVE '. 31
Section 19.1 Death in Family 31
Section 19.2 Definition of Family 32
Section 19.3 Extended Bereavement Leave 32
ARTICLE 20 HOURS AND OVERTIME 32
Section 20.1 Work Day, Work Week and Work Period 32
Section 20.2 Compensation for Overtime 32
Section 20.3 Sixth and Seventh Day Work 33
Section 20.4 Call Back/Reporting on Regular Day Off. 33
Section 20.5 Court Time 33
Section 20.6 Stand-By 34
Section 20.7 Day Off Changes 34
Section 20.8 Accumulation of Compensatory Time 34
Section 20.9 Scheduled Back-to-Back Shifts 35
. Section 20.1.0 Rank Credit 35
Section 20.11 Duty Availability Allowance 35
Section 20.12 Change of Schedule '. 35
ARTICLE 21 UNIFORMS 37
Section 21.1 Uniforms and Equipment Advisory Committee 37
Section 21.2 Major Changes 37
Section 21.3 Uniform Allowance 37
Section 21.4 Uniform Change or Modification 37
ARTICLE 22 INDEMNIFICATION 38
Section 22.1 Employer Responsibility 38
iii
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TABLE OF CONTENTS
Page
Section 22.2 Legal Representation 38
Section 22.3 Cooperation 38
Section 22.4 Applicability 38
Section 22.5 Expedited Arbitration 38
ARTICLE 23 SENIORITY 38'
Section 23.1 Definition and Application 38
Section 23.2 Furlough Scheduling 39
Section 23.3 Seniority List 41
Section 23.4 Personal Day Selection 41
Section 23.5 Use of Elective Time 41
Section 23.6 Canceled Days Off 41
Section 23.7 Holiday Assignment 42
Section 23.8 Details 42
ARTICLE 24 EDUCATIONAL REIMBURSEMENT :.43
ARTICLE 25 LIFE INSURANCE 45
ARTICLE 26 WAGES 46
Section 26.1 Salary Schedule 46
Section 26.2 Quarterly Differential 47
Section 26.3 Work Out of Grade 47
Section 26.4 Payment of Wages 47
Section 26.5 Payment of Time 47
Section 26.6 Compensatory Time Exchange 48
ARTICLE 27 RESIDENCY 48
ARTICLE 28 DURATION, ENFORCEMENT AND DISPUTE RESOLUTION 48
Section 28.1 Term of Agreement 48
Section 28.2 Continuing Effect 48
Section 28.3 Impasse Resolution, Ratification and Enactment 49
ARTICLE 29 BABY FURLOUGH DAYS : 51
Section 29.1 Number of Baby Furlough Days 51
Section 29.2 Carryover of Baby Furlough Days 51
Section 29.3 Compensation for Unused Baby Furlough Days 52
ARTICLE 30 LEAVES '. 53
Section 30.1 Personal Leave 53
Section 30.2 Military Leave 53
Section 30.3 Family and Medical Leave Act 53
KI2f>7S7.2
TABLE OF CONTENTS
Page
ARTICLE 3.1 UNIT BENEFITS 54
Section 31.1 Infonnation Exchange 54
Section 3 1.2 Registration of Firearms 55
Section 31.3 Lockers 55
Section 31.4 Maintenance of Benefits 55
Section 31.5 Unit Benefits 56
ARTICLE 32 WATCH/DISTRICT/UNIT SELECTION 57
Section 32.1 Bidding Procedure for District/Unit Vacancies 57
Section 32.2 Watch Selection for District Law Enforcement 59
Section 32.3 Watch Selection for Units Designated in 32.1C 59
Section 32.4 Changes in Watch, District or Unit Assignment 60
Section 32.5 Alternative Work Schedules 60
Section 32.6 Dispute Resolution 60
ARTICLE 33 COMPLETE AGREEMENT 61
ARTICLE 34 SAVINGS CLAUSE 61
APPENDIX A SERGEANTS 64
APPENDIX B NOTICE TO SUPERVISORS REGARDING PROGRESSIVE DISCIPLINE ...65
APPENDIX C EXPEDITED ARBITRATION RULES 66
APPENDIX D DENTAL PLAN 68
(
APPENDIX ENETWORK CHANGES 69
APPENDIX F IN-NETWORK/OUT-OF-NETWORK CARE 70
APPENDIX G HEALTH CARE CONTRIBUTIONS FOR ACTIVE SERGEANTS 71
APPENDIX H PRESCRIPTION DRUGS 72
APPENDIX I CHEMICAL DEPENDENCY AND MENTAL HEALTH CO-INSURANCE
AND LIMITS 73
APPENDIX .1 HIGH RISK PREGNANCY SCREENING PROGRAM 74
APPENDIX K PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS 75
APPENDIX L SUBROGATION LANGUAGE FOR CITY OF CHICAGO 76
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TABLE OF CONTENTS
Page
Appendix M quarterly differential for sergeants (E-3) 78
APPENDIX N SALARY SCHEDULE FOR SERGEANTS (E-3) 80
vi
I()2(i7S7.2
ARTICLE 1 PREAMBLE
This Agreement is entered into by and between the City of Chicago, an Illinois municipal corporation, (hereinafter referred to as the "Employer") and the Policemen's Benevolent & Protective Association of Illinois, Unit 156-Sergeants (hereinafter referred to as "Unit 156-Sergeants").
It is the purpose ofthis Agreement and it is the intent ofthe parties hereto to establish and promote mutual harmonious understanding and relationships between the Employer and Unit 156-Scrgeants, to promote efficiency and effectiveness in the Department of Police (hereinafter referred to as the "Department"), to establish wages, hours, standards and other terms and conditions of employment for Sergeants covered by this Agreement and to provide for the equitable and peaceful adjustment and resolution of differences which may arise from time to time over the negotiations, interpretation and application of this Agreement. This Agreement shall take effect on the effective date of an ordinance approving the Agreement.
In consideration of the mutual promises, covenants and agreements contained herein, the parties hereto, by their duly authorized representative and/or agents, do mutually covenant and agree, as follows:
ARTICLE 2 RECOGNITION AND UNIT WORK
Pursuant to the certification of the Illinois Local Labor Relations Board dated December 13, 1996, the Employer recognizes Unit 156-Sergeants as the sole and exclusive collective bargaining representative for all sworn police officers in the rank of Sergeant (hereinafter referred to as "Sergeant"), excluding confidential, managerial or non-public employees within the meaning of Section 3(n) ofthe Illinois Public Labor Relations Act as set out in Appendix A.
ARTICLE 3 UNION SECU RITY
Section 3.1 Dues Deduction
A. . Upon receipt of a signed authorization in a form agreed upon bv Unit 156-Sergeants and the Employer, the Employer shall deduct from the wages ofthe Sergeant the dues and/or financial obligations uniformly required and shall forward the full amount to Unit 156-Sergcants by the tenth day of the month following the month in which the deductions are made. The amounts deducted shall be in accordance with a schedule to be submitted to the Employer bv Unit 156 - Sergeants. Employee-authorized deductions may only be revoked in accordance with ibetcrms under which the Sergeant voluntarily authorized the deduct ion. If a Sergeant requests a change in membership dues or fee-paying status, including revocation of an authorization form, the Employer shall refer the Sergeant to the-Union prior to initiating any action to change the employee's status. The Employer will not similarly deduct the dues ofany other organization as to Sergeants covered by this Agreement.
1(1267X7.2
C. The provisions of this Section that apply to Sergeants who arc on leaves of absence from the Sergeant rank to serve in exempt positions within the Department are not subject to the grievance and arbitration procedure set forth in this Agreement.
Section 3.2 Indemnity
Unit 156-Sergeants shall indemnify and save the Employer harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Employer for the purpose of complying with this Article or in reliance on any list, notices, certifications or assignments furnished under any of its provisions.
Section 3.3 Unit 156-Sergeants Presentation at Orientation
The Employer shall grant Unit 156-Sergeants an opportunity during the orientation of newly promoted Sergeants to present the benefits of membership in Unit 156-Sergeants.
A RTICLE 4 MANAGEMENT RIGHTS
The Employer has and will continue to retain the right to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the Employer shall include, but not be limited to, the following:
To determine the organization and operations of the Department;
To determine and change the purpose, composition and function of each of its constituent departments and subdivisions;
To set standards for the services to be offered to the public;
To direct the Sergeants of the Department, including the right to assign work and overtime;
To hire, examine, classify, select, promote, restore to career service positions, train, transfer, assign and schedule Sergeants;
To increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve Sergeants from duties because of a lack of work or funds or for other proper reasons;
To contract out work when essential in the exercise of police power;
II. To establish work schedules and determine the starting and quitting times and the number of hours to be worked;
I. To establish, modify, combine or abolish job positions and classifications;
.1. To add, delete or alter methods of operation, equipment or facilities;
l02f>7.X7.2
K. To determine the locations, methods, means and personnel by which the operations are to be conducted, including the right to determine whether goods or services are to be made, provided or purchased;
L. To establish, implement and maintain an effective internal control program;
M. To suspend, demote, discharge or take other disciplinary action against Sergeants forjust cause; and
N. To add, delete or alter policies, procedures, rules and regulations.
Inherent managerial functions, prerogatives and policy making rights, whether listed above or not, which the Employer has not expressly restricted by a specific provision of this Agreement, are not in any way, directly or indirectly, subject to the grievance and arbitration procedure contained herein, provided that no right is exercised contraiy to, or inconsistent with, other terms of this Agreement.
ARTICLE 4A ACCOUNTABILITY OF SERGEANTS
Police Sergeants, as with all police officers, are agents of the Employer and the Department who shall serve, represent and execute such professional policies, procedures and directives as are deemed necessary and proper to carry out the mission of the Department as such policies, procedures and directives may be established. Within the scope of these professional policies, procedures and directives, Sergeants are to prepare, oversee and monitor the performance of Department officers and employees and to evaluate the performance of subordinates in order to make such recommendations to the Superintendent of Police (hereinafter referred to as the "Superintendent") which will allow the Superintendent to exercise complete and independent discretion relating to such matters. A Sergeant providing a statement is obligated to respond honestly and completely at all times. A Sergeant has the right to consult with legal counsel and/or his/her Union representative. Sergeants are obligated to report all misconduct.
ARTICLE 5 NO STRIKE
Section 5.1 No Strike Commitment
Neither Unit 156-Sergeants nor any Sergeant will call, institute, authorize, participate in, sanction, encourage or ratify any strike, work stoppage or other concerted refusal to perform duties by any Sergeant or Sergeant group, or the concerted interference with, in whole or in part, the full, faithful and proper performance ofthe duties of employment with the Employer. Neither Unit 156-Sergeants nor any Sergeant shall refuse to cross any picket line by whoever established.
Section 5.2 Resumption of Operations
In the event of an action prohibited by Section 5.1, Unit 156-Sergeants immediately shall disavow such action and request the Sergeants to return to work and shall use its best efforts to
10267X7.2
achieve a prompt resumption of normal operations. Unit 156-Sergeants, including its officials and agents, shall not be liable for any damages, direct or indirect, upon complying with the requirements ofthis Section.
Section 5.3 Union Liability
Upon the failure of Unit 156-Sergeants to comply with the provisions of Section 5.2, any agent or official of Unit 156-Sergeants who is a Sergeant covered by this Agreement may be subject to the provisions of Section 5.4.
Section 5.4 Discipline of Strikers
Any Sergeant who violates the provisions of Section 5.1 shall be subject to immediate discharge. Any action taken by the Employer against any Sergeant who participates in an action prohibited by Section 5.1 shall not be considered a violation of this Agreement and shall not be subject to the provisions of the grievance procedure, except that the issue of whether a Sergeant in fact participated in a prohibited action shall be subject to the grievance and arbitration procedure.
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ARTICLE 6 BILL OF RIGHTS
Section 6.1 Conduct of Disciplinary Investigation
Whenever a Sergeant covered by this Agreement is the subject of a disciplinary investigation other than summary punishment, the interrogation will be conducted in the ¦ following manner:
The interrogation of the Sergeant, other than in the initial stage of the investigation, shall be scheduled at a reasonable lime, preferably while the Sergeant is on duty, or, if feasible, during daylight hours.
The interrogation, depending upon the allegation, will normally take place at the Sergeant's Unit of assignment, the or the office of the Employer's investigative agency or other appropriate location.
Prior to an interrogation, the Sergeant under investigation shall be informed of the identities of the person in charge of the investigation, the interrogation officer and all persons present during the interrogation. When a formal statement is being taken, all questions directed to the'Sergeant under interrogation shall be asked by and through one interrogator at a time, provided that if a second interrogator participates in the interrogation, he or she is present for the entire interrogation.
Unless the Superintendent specifically authorizes in writing, no complaint or allegation of any misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department shall be made the subject of a Complaint Register investigation or be re-opened or re-investigated after five (5) years from the date the Complaint Register number was issued.
Allegation(s) against a Sergeant which would constitute a violation ofthe Illinois Criminal Code, the criminal code of another state of the United States or a criminal violation of a federal statute may be made the subject of a Complaint Register investigation.
F.
Immediately prior to the interrogation of a Sergeant under investigation, the Sergeant shall be informed, in writing, of the nature of the complaint, the names of all complainants and the specific date, time and, if relevant, location ofthe incident.
The length of interrogation sessions will be reasonable with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
I. A Sergeant under interrogation shall not be threatened with transfer, dismissal or
disciplinary action or promised a reward as an inducement to provide information relating tothe
incident under investigation or for exercising any rights contained herein. The parlies further
agree that a Sergeant who comes forward and provides information concerning potential
misconduct is acting in the highest tradition of the police service, and nothing in this Agreement
I0267S7.2
shall be interpreted to prevent the Employer or the Department from providing appropriate acknowledgement of such contribution.
J. A Sergeant under investigation will be provided with a copy of any and all statements the Sergeant has made that are recorded either audio electronically or in writing within seventy-two (72) hours of the time the statement was made, except that any statement that is recorded by transcription by a court reporter will be provided within seventy-two (72) hours of the investigative agency's receipt of the transcribed statement. In the event a re-interrogation of the Sergeant is required within the seventy-two- (72-) hour period following the initial interrogation, the Sergeant will be provided wilh a copy of his/her initial statement before the subsequent interrogation. In the event a reinterrogation of the Sergeant is required following the initial interrogation where the investigative agency recorded the initial statement by a court reporter, the Sergeant will be provided with a copy ofthe transcript of his/her initial statement before the subsequent interrogation.
K. If the allegation under investigation indicates a recommendation for separation is probable against the Sergeant, the Sergeant will be given the statutory administrative proceedings rights, or, if the allegation indicates criminal prosecution is probable against the Sergeant, the Sergeant will be given the constitutional rights concerning self-incrimination prior to the commencement of the interrogation.
L. A Sergeant under interrogation shall have the right to be represented by counsel of his/her own choice and to have that counsel present at all times during the interrogation, and/or, at the request of the Sergeant under interrogation, the Sergeant shall have the right to be represented by a representative of Unit 156-Sergeants and to have that representative present at all times during the interrogation. The Unit 156-Sergeants representative shall be a Sergeant covered by Article 17 or an off-duty Sergeant designated by Unit 156-Sergeants. The interrogation shall be suspended for a reasonable time until representation can be obtained. The investigative agency shall note on the record of the interrogation any time the Sergeant seeks or obtains information from his or her counsel or Unit 156-Sergeants representative does nothing to disrupt or interfere with the interrogation.
M. Prior to the imposition of discipline, the Sergeant will be informed of the rule violated and the corresponding specifications of misconduct, including the date, time, location and manner in which the rule was violated.
N. The provisions of this Agreement shall be deemed to authorize the the investigative agency to require Sergeants under interrogation to provide audio-recorded statements, provided that the provisions in Section 6.1 are satisfied.
O. If a Sergeant provides a statement during the investigation conducted promptly following a shooting incident and then is later interrogated by the Independent Police Review Authority or the Internal Affairs Division as part of an investigation related to such incident, the Sergeant shall be provided with a copy of the portion of any official report that purportedly summarizes his/her prior statement before the interrogation.
|1010|10267S7.2
Section 6.2 Witness Statements in Disciplinary Investigations
When a Sergeant covered by this Agreement is required to give a statement in the presence of an observer, as a witness in a disciplinary investigation other than summary punishment, or as a witness in a police-related shooting investigation, at the request of the Sergeant the interview shall be conducted in the following manner:
The interview of the Sergeant shall be scheduled at a reasonable time, preferably while the Sergeant is on duty, or, if feasible, during daylight hours.
The interview, depending on the nature of the investigation,-will'normally take place at the Sergeant's Unit of assignment, the or the office of the Employer's investigative agency or other appropriate location.
Prior to an interview, the Sergeant being interviewed shall be informed of the identities of the person in charge of the investigation, the interviewing officer and all persons present during the interview and the nature ofthe complaint, including the date, time, location and relevant Records Division ("R.D.") number, if known. When a formal statement is being taken, all questions directed to the Sergeant being interviewed shall be asked by and through one interviewer at a time, provided that if a second interviewer participates in the interview, he or she is present for the entire interview.
The Sergeant will be provided with a copy of any and all statements he/she has made that are recorded either audio electronically or in writing within seventy-two (72) hours of the time the statement was made, except that any statement that is recorded by transcription by a court reporter will be provided within seventy-two (72) hours of the investigatory agency' receipt of the transcribed statement. In the event a re-interview ofthe Sergeant is required within the seventy-two- (72-) hour period following the initial interview, the Sergeant will be provided with a copy of his/her initial statement before the subsequent interview. In the event a reinterview of the Sergeant is required following the initial interview where the investigative agency recorded the initial statement by a court reporter, the Sergeant will be provided with a copy ofthe transcript of his/her initial statement before the subsequent interview.
A Sergeant being interviewed pursuant to this Section shall, upon his/her request, have the right to be represented by counsel of his/her own choice and to have that counsel present at all times during the interview, or, at the request ofthe Sergeant being interviewed, the Sergeant shall have the right to be represented by a representative of Unit 156-Sergeants and to have that representative present at all times during the interview. The Unit 156-Sergeants representative shall be a Sergeant covered by Article 17 or an off-duty Sergeant designated by Unit 156-Sergeants. For purposes of this subsection, "represented" shall mean that the Sergeant's counsel and/or representative shall only advise the Sergeant, but shall not in any way interfere with the interview. The investigative agency shall note on the record of the interrogation any time the Sergeant seeks or obtains information from his or her counsel or Unit 156-Sergeants representative, and ensure that the Sergeant's counsel or Unit 156-Sergeants representative does nothing to disrupt or interfere with the interrogation. The interview shall be postponed for a reasonable time, but in no case for more than forty-eight (48) hours from the time the Sergeant is informed of the request for an interview and the general subject matter
|1010|10267N7.2
thereof and his/her counsel or representative can be present, provided that, in any event, interviews in shooting cases may be postponed for no more than two (2) hours.
This Section shall not apply to questions from a supervisor in the course of performing his/her normal day-to-day supervisory duties or to requests to prepare detailed reports or To-From-Subject Reports, except To-From-Subject Reports that relate to the Sergeant as a witness to a police-related shooting.
The length of interviews will be reasonable with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
The provisions of this Agreement shall be deemed to authorize the investigative agency to require Sergeants being interviewed to provide audio-recorded statements, provided that the provisions in Section 6.2 are satisfied.
I. If a Sergeant provides a statement during the investigation conducted promptly
following a shooting incident and then is later interviewed by the Employer's investigative
agency as part of an investigation related to such incident, the Sergeant shall be provided with a
copy of the portion of any official report that purportedly summarizes his/her prior statement
before the interview.
Section 6.3 Non-Adoption of Ordinance
The Employer shall not adopt any ordinance and the Department shall not adopt any regulation which prohibits the right of a Sergeant to bring suit arising out of his/her duties as a Sergeant.
Section 6.4 Photo Dissemination
No photo of a Sergeant under investigation shall be made available to the media prior to a conviction for a criminal offense or prior lo an adverse decision being rendered by the Police Board.
Section 6.5 Compulsion of Testimony
Hie Department shall not compel a Sergeant under investigation to speak or testify before or to be questioned by any non-governmental agency relating to any matter or issue under investigation.
Section 6.6 Polygraph
No Sergeant shall be disciplined for a refusal to take a polygraph examination, and the results of the polygraph examination shall not be admissible as evidence in proceedings before the Police Board or in any proceeding where the Sergeant may appeal to the Police Board, unless by Illinois or federal court decision or statute such evidence shall become admissible before the Police Board.
|1010|I0267S7.2
In the event that the results of a polygraph examination become admissible as evidence before the Police Board and the Department determines a polygraph examination is necessary, the complainant will be requested to take a polygraph examination first. If the complainant refuses to take a polygraph examination, the accused Sergeant will not be requested to take a polygraph examination. If the complainant takes the polygraph examination and the results indicate deception, the accused Sergeant may be requested to take a polygraph examination covering those issues wherein the examiner determines that the complainant is truthful.
When the polygraph is used, the accused Sergeant will be advised twenty-four (24) hours prior to the administering of the test, in writing, of any questions to which the Department will request an answer.
Section 6.7 Disclosure
A Sergeant shall not be required to disclose any item of his/her property, income, assets, source of income, debts or personal or domestic expenditures (including those ofany member of his/her family or household), unless such information is reasonably necessary to monitor the performance of the Sergeant's job or violations of reasonable Employer rules, statutes, ordinances or this Agreement. In the administration of fringe benefits applicable to all employees of the Employer, Sergeants covered by this Agreement may be required to disclose any coverage they (including any member of their families or households) may have under health or medical insurance and the name and appropriate identification of the carrier and coverage. Except for ethic statements legally required to be filed, the parties agree that the disclosure of such personal infonnation shall not be made available for public inspection or copying because such would be an unwarranted invasion of personal privacy ofthe Sergeant and/or is intended to otherwise be exempt from any state or local freedom of information statute, ordinance or executive order.
Section 6.8 Media Information Restrictions
The identity of a Sergeant under investigation shall not be made available to the media, unless there has been a criminal conviction or an adverse decision has been rendered by the Police Board (or by the Superintendent where no appeal is taken to the Police Board). However, if the Sergeant is found innocent, the Sergeant may request and the Department shall issue a public statement.
Section 6.9 Videotaping of Witness Testimony
The testimony of all witnesses in hearings conducted by the Police Board will be video recorded in addition to the current practice of stenographically recording their testimony. The videotape, written transcripts and all evidence will be forwarded to the Police Board members for their consideration and deliberations as part of the record. Additionally, the Employer shall amend the Municipal Code of Chicago, Section 2-84-030, to conform to this Section and also to provide as follows: ''No member of the Board may participate in any disciplinary recommendation or action without having read the written record and having viewed the taped testimony ofthe witnesses upon which said recommendation or action is based."
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Section 6.10 Affidavits
When an allegation of misconduct against a Sergeant is initiated by a non-Department member, and the allegation is not of a criminal nature within the meaning of Section 6.1(E) shall secure an affidavit from the complainant. If the complainant executes the affidavit, the investigation shall proceed as a Complaint Register investigation. If the complainant is anonymous or refuses to execute the affidavit, the investigative agency shall, subject to the provisions below, proceed in accordance with the provisions applicable to Complaint Register investigations.
If the investigative agency determines to conduct a Complaint Register investigation where the complainant is anonymous or does not execute an affidavit, the appropriate official shall execute an affidavit stating that he/she has reviewed the evidence compiled in a preliminary investigation, and, based upon the sufficiency of the evidence, continued investigation of the allegation is necessary. For Civilian Office of Police Accountability and Inspector General cases, the "appropriate official" shall be the Commanding Officer of the Bureau of Internal Affairs. For Bureau of Internal Affairs cases, the "appropriate official" shall be the Chief Administrator of the Civilian Office of Police Accountability. If an affidavit is not executed by the Civilian Office of Police Accountability or the Bureau of Internal Affairs, the matter shall not be used by the Department with respect to any aspect ofthe Sergeant's employment.
Section 6.11 Mediation
At any time during an investigation, but usually prior to an accused Sergeant giving a statement, the parties may agree to mediate the resolution :of the investigation. The "parties" shall mean the accused Sergeant, with or without his/her Unit-156 Sergeants representative, and the Employer through a representative of IAD or IPRA, as appropriate. Neither party is required to meet. The IAD/IPRA investigator assigned to the case will not be present.
During the mediation session IAD/IPRA shall serve the accused Sergeant with a Notice of Administrative Rights and a Notice of Charges and Allegations, which will include the rule violation and the factual basis therefore.
The parties shall discuss the allegations and the IAD's/IPRA's position regarding the finding of the case and the recommended penalty. Statements made and information conveyed at the mediation which are not included in the file at the time of the mediation will not be used against the Sergeant or included in the file at any later date. By accepting the agreed upon finding and recommendation, the accused Sergeant is waiving his/her right to grieve or appeal the finding and the recommendation. The accused Sergeant is not required to submit any statement or response. If the parties cannot reach an agreement, the process will continue.
If the parties agree on a penalty less than separation, it is binding on both parlies. However, the Superintendent retains the right to seek the separation of an accused Sergeant.
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ARTICLE 7 SUM MA RY PUNISHMEN T
Summary punishment action shall be considered as an alternative to formal disciplinary procedures, provided that in each such action the following shall apply:
The summary punishment which may be administered conforms to the "Notice to Supervisors Regarding Progressive Discipline1' as set forth in this Agreement as Appendix B and is limited to the following:
Reprimand; or
Excusing a Sergeant for a minimum of one (1) day to a maximum of three (3) days without pay.
In lieu of days off without pay, a Sergeant shall be permitted to utilize accumulated elective time to satisfy the summary punishment.
The Department shall promulgate, maintain and publicize reasonable guidelines which will specify those acts, omissions or transgressions the violation of which will subject a Sergeant to summary punishment action and the penalties for each such violation, which shall be uniformly applied.
Sergeant is required following the initial interview where the investigative agency recorded the initial statement by a court reporter, the Sergeant will be provided with a copy of the transcript of his/her initial statement before the subsequent interview.
ARTICLE 8 EMPLOYEE SECURITY
Section 8.1 Just Cause Standard
No Sergeant covered by this Agreement shall be suspended, relieved from duty or disciplined in any manner without just cause.
Section 8.2 File Inspection
The Employer's personnel files, disciplinary history files and completed inactive investigative files, except for infonnation which the Employer deems to be confidential, shall be open and available for inspection by the affected Sergeant during regular business hours.
Section 8.3 Limitation on Use of File Material
It is agreed that any material and/or matter not available for inspection, such as provided in Section 8.2, shall not be used in any manner or any forum adverse to the Sergeant's interests.
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Section 8.4 Use and Destruction of File Material
All Disciplinary Investigation Files, Disciplinary History Card Entries, the Employers' investigative agencies' disciplinary records, and any other disciplinary record or summary of such record will be retained indefinitely by the Employer.
Any information of an adverse employment nature which may be contained in any unfounded or exonerated file shall not be used against the Sergeant for any reason. A not sustained finding shall not be used against the Sergeant in any future proceeding. Notwithstanding the above, Not Sustained files alleging criminal conduct, excessive force, or verbal abuse (as defined in Section 2-78-100 of the Municipal Code of Chicago), for a period of seven (7) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, may be used in future disciplinary proceedings to determine credibility and notice. (Non-sustained files shall not be used in determining promotions or in making assignments).
A finding of "Sustained-Violation Noted, No Disciplinary Action" entered upon a Sergeant's disciplinary record or any record of summary punishment may be used for a period of time not to exceed one (1) year and shall thereafter be removed from the Sergeant's disciplinary record and not used for disciplinary action. The Department's finding of "Sustained-Violation Noted, No Disciplinary Action" is not subject to the grievance procedure.
Information relating to a "preventable" traffic accident involving a Department vehicle may be used and/or considered in determining future discipline for a period of time not to exceed two (2) years from the date of such "preventable" traffic accident and shall thereafter not be used and/or considered in any employment action, provided there is no intervening "preventable" traffic accident involving a Department vehicle, and if there is, the two- (2-) year period shall continue to run from the date of the most recent "preventable" traffic accident and any prior incidents which were determined to be "preventable" traffic accidents may be used and/or considered in employment actions. In no event shall any prior "preventable" traffic accident five (5) or more years old be used and/or considered.
Section 8.5 Notification
In the event the Employer receives a subpoena or other legal process (excluding discovery material) requiring the inspection, tender or submission of personnel, disciplinary or investigative records and/or files (other than a grand jury subpoena or other subpoena or process which would preclude disclosure), the Employer will promptly notify the Sergeant whose records have been requested. However, failure to furnish such notice shall not in any way affect the validity ofany disciplinary action or personnel action taken by the Employer, provided that Unit 156-Sergeants will nol be barred from asserting and does not waive any rights a Sergeant may have lo inspect or lo otherwise challenge the use of files under applicable rules, statutes or this Agreement, including Article 8.
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ARTICLE 9 GRIEVANCE PROCEDURE
Section 9.1 Definition and Scope
The Superintendent's authority to suspend a Sergeant, as set forth in Section 2-84-030 of the Municipal Code of Chicago, shall be increased from the current limit not to exceed thirty (30) days to a limit not to'exceed three hundred and sixty-five (365) days. In cases where the Superintendent seeks a Sergeant's separation from the Department, the Superintendent's current and past practice of suspending a Sergeant for thirty (30) days and filing charges with the Police Board seeking a Sergeant's separation will not change.
A grievance is defined as a dispute or difference between the parties to this Agreement concerning the interpretation and/or application of this Agreement or its provisions. The separation of a Sergeant from service is cognizable only before the Police Board and shall not be cognizable under this procedure, provided, however, that the provisions of Article 17 shall be applicable to separations.
The grievance procedure provisions herein and the Police Board procedure are mutually exclusive, and no relief shall be available under both.
Section 9.2 Procedures, Steps and Time Limits
A grievance may be initiated by Unit 156-Scrgeants or an aggrieved Sergeant. Any Sergeant shall have the right to.present a grievance at any time, although it is understood that the Sergeant should attempt to satisfy his/her concerns on an informal basis before invoking the procedure. In the event an informal resolution proves to be unsatisfactory, a grievance may be submitted electronically and shall be processed in accordance with this Agreement. Upon request, the grievant shall be represented by an appropriate Unit 156-Sergeants representative, provided, however, the grievant Sergeant may have the grievance adjusted without a Unit 156-Sergeants representative, so long as such adjustment is not inconsistent with the provisions of this Agreement.
Step One: The grievant will first attempt to resolve the grievance with the first exempt Commanding Officer in his/her chain-of-command. In the event a resolution is not reached and the grievant desires to formalize the dispute, a grievance shall be submitted electronically to the first exempt Commanding Officer in the grievant's chain-of-command and Unit 156-Sergeants within ten (10) of the Sergeant's working days following the events or circumstances giving rise to the grievance or when first known by the grievant. or forty (40) days, whichever period is shorter! A Unit 156-Sergeants representative may accompany the grievant if requested by the grievant to attend any meeting with the exempt Commanding Officer regarding the grievance. The exempt Commanding Officer shall submit his/her decision electronically to the grievant and Unit 156-Sergeants within ten (TO) of the exempt Commanding Officer's working days after the grievance was submitted.
Step Two: If the response at Step One is not satisfactory lo the grievant, the grievant may pursue an adjustment through his/her designated representative by notifying Unit 156-Sergeants of his/her intent to pursue such grievance within ten (10) days of the Step One
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response or within ten (10) days of the expiration of the response period in Step One, whichever is sooner. Unit 156-Sergeants shall then determine whether in its opinion a valid grievance exists. Unless Unit 156-Sergeants elects to proceed, there shall be no further action taken under this procedure. If Unit 156-Sergeants chooses to proceed, it may seek a resolution or adjustment of the grievance by submitting the grievance electronically lo the Management and Labor A ffairs Section within twenty (20) days of the Step One response or within twenty (20) days of the expiration of the response period in Step One, whichever is sooner. Following a hearing on the issue, the Management and Labor Affairs Section shall submit its decision electronically to Unit 156-Scrgeants within ten (10) days of receiving the grievance. If the grievant is directed by the Employer to meet concerning his/her grievance at a time when the grievant is not scheduled to work, he/she shall be compensated for such time at the applicable rate provided for in this Agreement, provided that he/she shall not be compelled to attend a hearing on his/her regular day off without his/her consent.
Step Three: Within thirty (30) days of the receipt of the Step Two decision or Step Two decision due date, Unit 156-Sergeants may refer the grievance to arbitration.
Section 9.3 Arbitration of Standard Grievances
Either party may seek arbitration. If the Employer desires to proceed to arbitration, Section 9.2 does not apply. If either party proceeds to arbitration, the following procedure shall apply:
Within ten (10) days, the Employer and Unit 156-Sergeants shall attempt to mutually agree upon an Arbitrator. If they fail to agree, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service. Within ten (TO) days after receipt of the list, the parties shall select an Arbitrator. Both the Employer and Unit 156-Sergeants each shall alternately strike names from the panel. The remaining person shall be the Arbitrator.
The Employer and Unit 156-Sergeants, by mutual agreement, may submit the matter for mediation before a Mediator, but mediation shall not be a pre-condition for arbitration. If the case is not resolved, the parties may exercise their right to arbitrate under this Section by request made by either party within thirty (30) days of the mediation. The Mediator shall not be selected as the Arbitrator for the same case. The parties shall split evenly the cost of the Mediator's expenses and fees.
The Employer or Unit 156-Sergeants, by mutual agreement, may submit the matter to expedited arbitration under the Expedited Arbitration Rules in Appendix C.
In all discipline cases. Complaint Register files shall be provided to Unit 156-Sergeants within fourteen (14) days ol" a request for such files (unless exigent circumstances exist) by Unit 156-Sergeants or Unit 156-Sergeants representatives who are sworn members of the Department, and these individuals shall be allowed lo use Department or Independent Police Review Authority copying equipment lo copy the requested Complaint Register files, with appropriate supervision.
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Within thirty (30) days of the ratification of this Agreement, the parties shall develop a roster of five (5) Arbitrators who shall commit to pre-schecluled hearing dates on a regular basis. From this roster the parties shall schedule a minimum of two (2) arbitration hearing dates per month, unless waived by mutual agreement. For each arbitration, the parties shall attempt to select the Arbitrator by mutual agreement. If they cannot select the Arbitrator by mutual agreement, they will alternatively strike names, with the party striking first to be determined by a coin toss, until one (1) Arbitrator remains, who shall then be notified of his or her selection. The parties shall make every effort (including the substitution of cases in the event of settlement or inability to try a case when scheduled) to ensure that such dates are not canceled. Ihe parties agree to review the roster of arbitrators annually, and each party has the unilateral right to remove one arbitrator from the roster. If one or more arbitrators are removed from the roster, the parties will mutually agree to a method to add arbitrators to the roster so that the roster will consist of five arbitrators. If, prior to the annual review, the roster of arbitrators is reduced to an even number (2 or 4), and the parties are unable to agree on an arbitrator for a specific case, the parties are unable to agree on an arbitrator for a specific case, the parties will request a panel of arbitrators from FMCS for that case. The parties will alternatively strike names from the FMCS panel until one Arbitrator remains, and the remaining Arbitrator will serve as the Arbitrator for the specific case at issue.
The parties shall avoid continuances. Requests for continuances are disfavored and shall be granted only upon showing good cause.
Section 9.4 Authority of Arbitrator
A. Except as specified in subsection (B), the Arbitrator shall have no right to amend, modify, nullify, disregard, add to or subtract from the provisions of this Agreement. The Arbitrator shall only consider and make a decision with respect to the specific issue or issues presented to the Arbitrator and shall have no authority lo make a decision on any other issues not so submitted. The Arbitrator shall submit, in writing, his/her decision to the Employer and to Unit 156-Sergeants within thirty (30) days following the close of the hearing, unless the parties agree to an extension thereof. The decision shall be based upon the Arbitrator's interpretation of the meaning or application of the terms ofthis Agreement to the facts ofthe grievance presented and shall be final and binding upon the parties.
B.
If a Sergeant who has not executed the authorization form provided for in Section 3.2.A of this Agreement, or who has revoked the authorization form, requests Unit 156-Sergeants to use the grievance and arbitration procedure on the Sergeant's behalf, Unit 156-Sergeants may charge the Sergeant the reasonable costs of using the procedure. The Employer shall play no role in determining the reasonable costs of using the procedure, or in collecting the costs from the Sergeant. Nothing in this section shall require the Employer to deal with any individual not affiliated with the Union in connection with the grievance.
C. With respect to grievances challenging the recommended discipline on Sergeants for non-criminal misconduct, the Employer and Unit 156-Sergeants mutually acknowledge the principle that investigations of suspected employee misconduct arc to be earned out on a timely
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basis, and that unwarranted delays in completing disciplinary investigations may prejudice the employee's ability to respond to or defend against allegations of misconduct. Accordingly, the Arbitrator is vested with specific authority to inquire into the reason(s) for any delay in completing an investigation, whether the Sergeant has been harmed by the delay in the investigation and, further, the parties mutually acknowledge that the Arbitrator, in the process of applying the tenets of the "just cause" principle, possesses the authority to reverse or reduce any disciplinary penalty where the evidence demonstrates that a disciplinary investigation was unreasonably delayed and that a Sergeant was prejudiced thereby.
Effective for disciplinary investigations concluding ninety (90) days after the date of ratification of this collective bargaining agreement, in the event the Employer recommends a disciplinary penalty upon a Sergeant as a result of a disciplinary investigation that took more than eighteen (18) months to conclude, as measured from the date on which the disciplinary investigation was opened, upon request of Unit 156-Sergeants, the Arbitrator, who shall be the same Arbitrator selected to hear the merits of the disciplinary penalty, shall convene a hearing, preliminary to the hearing on the merits, to determine whether there was a reasonable basis for the investigation to take longer than eighteen (18) months. At this preliminary hearing the Employer shall bear the burden of demonstrating the existence of reasonable cause. "Reasonable cause" may include, but is not limited to, such factors as unavailability of the accused Sergeant or a critical witness, delays attributable to the Sergeant or his or her attorney, the unusual complexity of the matter under investigation, the need to investigate claims or new evidence arising in the course of the investigation, the pendency of a criminal investigation involving the matter under investigation, the pendency of civil litigation involving the matter under investigation, etc. If the Arbitrator determines there was reasonable cause for the investigation to take longer than eighteen (18) months, the Arbitrator shall proceed to the hearing on the merits of the disciplinary penalty against the Sergeant.
Nothing in this sub-section C shall apply in any instance where the allegation against the Sergeant is of a criminal nature within the meaning of Section 6.1E.
Section 9.5 Expenses of Arbitrator
The fees and expenses of the Arbitrator shall be borne by the party whose position is not sustained by the Arbitrator. The Arbitrator, in the event of a decision nol wholly sustaining the position of either party, shall determine the appropriate allocation of his/her fees and expenses. Each party shall be responsible for compensating its own representatives and witnesses. The cost of a transcript, where requested by either party, shall be paid by the parly so requesting it. The party requesting a cancellation, rescheduling or other postponement of a set hearing date shall pay the Arbitrator's cancellation fee.
Section 9.6 Processing and Time Limits
The resolution of a grievance satisfactory to Unit 156-Sergeants at any step shall be deemed a final settlement, and any grievance not initiated or taken to the next step within the lime limit specified herein will be considered settled on the basis of the last answer by the Employer. The time limits specified in this Article may be extended or waived by mutual
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agreement. Grievances may be initiated at any appropriate step corresponding with the nature of the grievance and the manner in which it arose.
ARTICLE 9A MEDICAL GRIEVANCES
Section 9A.1 Psychological Review
Grievances concerning involuntary removal from active duty due to psychological or psychiatric reasons will comply with the following procedures:
Step One: A Sergeant who wants to challenge the Employer's decision to place him/her involuntarily on the medical roll will file a grievance with the Medical Administrator within ten (10) calendar days of being placed on the medical roll, or, if the Sergeant was on authorized furlough during his/her involuntary placement, within thirty-five (35) calendar days of being placed on the medical roll or within thirty-five (35) calendar clays ofthe Sergeant on furlough being notified of placement on the medical roll.
If the Employer's psychiatrist/psychologist recommends that the Sergeant is fit for full duty and also was fit when he/she was involuntarily placed on the medical roll due to psychological or psychiatric reasons, the Sergeant shall have any paid medical lime used during such period of being involuntarily placed on the medical roll restored and will be made whole for lost pay and other benefits to which he/she is entitled.
Step Two: For a Sergeant who has filed a timely grievance at Step One and/or when-the Employer's psychiatrist/psychologist recommends that the Sergeant is unfit for full duty and was also unfit when he/she was involuntarily placed on the medical roll due to psychological or psychiatric reasons, upon written request made by Unit 156-Sergeants within ten (10) calendar days of notice to the Sergeant that he/she is unfit for duty, Unit 156-Sergeants may file a grievance at Step Two and may request review of that decision by a three- (3-) member psychological review panel. The Sergeant shall, as promptly as feasible, be evaluated by a panel of three (3) psychiatrists or psychologists, one (1) appointed by Unit 156-Sergeants, one (1) appointed by the Employer and a third knowledgeable about police duties appointed by mutual agreement ofthe Employer's and Unit 156-Sergeants' psychiatrist or psychologist. This panel shall have the authority to examine and evaluate the Sergeant and recommend whether the Sergeant is fit for duty. In making its recommendations, the primary considerations ofthe panel shall be the protection and safety of, and need for effective service to, the public. These considerations shall prevail over all others in any case of a conflict of interests between the Sergeant and the Employer.
If the panel recommends that the Sergeant is fit for duly and was also fit when he/she was placed involuntarily on the medical roll due to psychological or psychiatric reasons, then the Sergeant shall have any paid medical time used during such involuntary period on the medical roll restored and will be made whole for lost pay and other benefits to which he/she is entitled.
If the panel determines that the Sergeant was unfit for duly at the time he/she was involuntarily placed on the medical roll, but became fit for duty sometime thereafter, the panel
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shall identify the point at which the Sergeant was fit for duty, and the Sergeant will be made whole for lost pay and benefits from the date that the panel determined he/she was fit for duty.
Each party shall bear the full cost of the panel member appointed by il, with the cost of the mutually appointed panel member to be split equally between the parlies. The recommendations of the panel shall be binding upon the Employer, Unit 156-Sergeants and the Sergeant.
Section 9A.2 Medical Grievances
Grievances concerning medical issues (excluding issues covered under Section 9A.1) shall follow the procedure below. Medical issues are defined as grievances involving medical issues, including, but not limited to, the non-payment of injury on duty ("IOD") bills, removal of a Sergeant from duty for medical reasons, refusal to return a Sergeant to duty from the medical roll, classification of an injury as non-IOD and the Benefits Management Office's denial of payment of medical and hospital bills of a Sergeant or his/her covered dependents under the Employer's self-funded health care plan.
Step One: Initiating a Medical Grievance. Grievances concerning the Benefits Management Office's denial of payment of medical and hospital bills will be filed with the Management and Labor Affairs Section within ten (10) working days following the events or circumstances giving rise to the grievance or when first reasonably known by the grievant.
All other grievances concerning medical issues will be filed with the Medical Administrator within ten (10) working days following the events or circumstances giving rise to the grievance or where first known by the grievant, but in no event later than thirty-five (35) calendar days following the events or circumstances giving rise to the grievance or within thirty-five (35) days of a Sergeant on furlough being notified ofthe events or circumstances giving rise to the grievance. If the determination at Step One is not satisfactory, Unit 156-Sergeants may by written request made within fifteen (15) days of the Step One response or the expiration of the period for said response submit the matter for mediation.
Step Two: Mediation of Medical Grievances. At mediation, representatives of Unit 156-Sergeants, the Department, the Benefits Management Office and the Committee on Finance of the City Council of the City of Chicago shall participate as needed. Any settlements reached in the mediation proceedings shall be binding upon the parties. Medical mediation sessions shall occur each thirty (30) days, unless waived by mutual agreement. The parties shall split evenly the cost ofthe Mediator's fees and expenses.
The grievant shall be provided with the relevant medical records within the possession of the Medical Services Section, the Committee on Finance, the Benefits Management Office and the Management and Labor Affairs Section. A release shall be required for production of medical records. The relevant medical records shall include the Medical Administrator's determination of the grievant's status and the response to the grievance. The above records shall be submitted to Unit 156-Sergeants by the Department within forty-five (45) days of the Department's receipt of Unit 156-Sergeants' releases and mediation agenda setting forth the grievants' names. Relevant records from the Medical Services Section, the Committee on
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Finance, the Benefits Management Office and the Management and Labor Affairs Section shall be provided as stated above and throughout the grievance process until the grievance is fully resolved.
Relevant documents to be produced by the Benefits Management Office in mediation are limited to medical records, claim forms, medical bills, explanations of benefits and recommendations to and the decision of the Benefits Committee regarding the claim. This definition of relevant records to be produced by the Benefits Management Office does not preclude Unit 156-Sergeants from subpoenaing additional relevant documentation in response to the scheduling of an arbitration of a grievance.
Step Three: Arbitration. If the grievance is not resolved at Step Two, Unit 156-Sergeants, upon written request within thirty (30) days of the date of mediation, may demand arbitration. Hie Mediator shall not be selected as the Arbitrator for the same case. The arbitration hearing shall be scheduled to commence within thirty (30) days ofthe selection ofthe Arbitrator, unless the parties agree otherwise. Within ten (10) days of Unit -156 Sergeants' demand for arbitration, the Employer and Unit 156-Sergeants shall attempt to mutually agree upon an Arbitrator. If they fail to agree, a list of seven (7) qualified neutrals shall be requested from the Federal-Mediation and Conciliation Service. Within five (5) days after receipt of the list, the parties shall select an Arbitrator. Both the Employer and Unit 156-Sergeants shall alternately strike names from the list. The remaining person shall be the Arbitrator.
ARTICLE 9B SUSPENSION GRIEVANCES
Section 9B.I Suspensions of Ten (10) Days or Fewer
A Sergeant who receives a recommendation for a suspension, not including Summary Punishment, for a period of ten (10) days or fewer, may file a grievance challenging and seeking review of that recommendation. Such grievances will be reviewed through the binding Summary Opinion process. The Summary Opinion process of review requires the Employer to provide a copy of the complete investigative file, including all internal reviews of the file, to Unit 156-Sergeants for review. An Arbitrator, selected by mutual agreement of the parties, will also receive the file from the Employer.
Unit 156-Sergeants may file a three page report to the Arbitrator making any appropriate argument addressing the findings and/or the recommendation for discipline. The Employer may not file any argument nor respond to Unit 156-Sergeants' argument unless asked to do so by the Arbitrator.
The Arbitrator will review the argument and the complete file and will issue an award granting or denying the grievance in whole or in part. The award will include the basis for the Arbitrator's opinion and award. The award will be binding on the Employer, Unit 156-Sergeants and the Sergeant.
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The Sergeant will not be required to serve any of the suspension until such time as the Arbitrator's award is received. No further review of the Arbitrator's Award is available under this Agreement.
Section 9B.2 Suspensions of Eleven (11) to Three Hundred Sixty-Five (365) Days
A Sergeant who receives a recommendation for suspension of eleven (11) to three hundred sixty-five (365) days, not including a suspension accompanied by a recommendation for separation, may file a grievance challenging and seeking review of that recommendation. Such grievances will be sent for full arbitration on an expedited basis. The Employer will provide a copy of the complete investigative file, including all internal reviews of the file, to Unit 156-Sergeants. An Arbitrator, selected by mutual agreement of the parties, will conduct a "full" arbitration evidentiary hearing and expeditiously issue an award. The award ofthe Arbitrator is binding on the Employer, Unit 156-Sergeants and the Sergeant.
The Sergeant will not be required to serve any of the suspension until such time as the Arbitrator's award is received. No further review of the Arbitrator's award is available under this Agreement. With respect to suspensions of between 31 and 365 days, the provisions that the Sergeant not have to serve the suspension until such time as the Arbitrator's award is received is contingent upon the Union's compliance with Appendix X.
ARTICLE 10 NON-DISCRIMINATION
Section 10.1 Equal Employment Opportunity
The Employer will continue to provide equal employment opportunity for all Sergeants and to develop and apply equal employment practices.
Section 10.2 Non-Discrimination
The Employer shall not discriminate against a Sergeant with regard to race, color, sex, religion, age or national origin of the Sergeant nor-shall the Employer discriminate against Sergeants as a result of membership in Unit 156-Sergeants. Nothing contained in this Agreement shall be deemed lo preclude ,the mandatory retirement ofany Sergeant upon or after the attainment of age sixly-lhree (63). Sergeants shall not be transferred, assigned or reassigned for reasons prohibited by this Section.
Section 10.3 Religious Holiday Accommodation
The obligation to accommodate the religious beliefs of Sergeants covered by this Agreement is fulfilled if those Sergeants whose religious beliefs require that they not work, but who are scheduled to work, on a recognized religious holiday are permitted at the Sergeants' option one of the following choices in order to be excused from their regular tours of duly: (a) the use of elective time or (b) excused from duly non-disciplinary (Code 89). This option may
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be applied for certain recognized religious holidays of faiths whose tenets require abstinence from work, subject to the determination ofthe Commanding Officer that this accommodation does not unduly interfere with operational needs.
Section 10.4 Americans with Disabilities Act
In the event the Employer shall be required to make a reasonable accommodation under the Americans with Disabilities Act to the disability of an applicant or incumbent Sergeant that may be in conflict with the rights of a Sergeant under this Agreement, the Employer shall bring this matter to the attention of Unit 156-Sergeants. In the event the parties cannot reach an agreement on such accommodation, the provisions of Article 9 shall be available, and the Arbitrator shall consider the Employer's and Unit 156-Sergeants' (if any exist) obligations under the Americans with Disabilities Act and this Agreement, provided that no Sergeant shall be displaced by such decision.
ARTICLE 11 HOLIDAYS
Section 11.1 Designated Holiday
The Employer agrees that the following days shall be considered holidays:
New Year's Day
Martin Luther King, Jr.'s Birthday Lincoln's Birthday Washington's Birthday Pulaski Day
Community/Police Partnership Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
1 January
Third Monday in January 12 February
Third Monday in February First Monday in March Last Saturday in April Last Monday in May 4 July
First Monday in September Second Monday in October 1 1 November
Fourth Thursday in November 25 December
Section 11.2 Compensation for Holidays
Compensation for the holidays listed in Section 11.1, consistent with the Sergeant's applicable work schedule, is granted as follows:
A. Sergeants who are required to work a regular lour of duly [eight (8), eight and one-half (8.5), orlcn (10) hours] on a holiday will be credited wilh twelve (12), twelve and three-quarters (12.75) or fifteen (15) hours of compensatory time or additional pay as the Sergeant elects.
B. Sergeants whose regular day off coincides with an established holiday will be credited with eight (8), eight and one-half (8.5), or ten (10) hours of compensatory time.
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Sergeants whose regular day off coincides with an established holiday and who are required to work a regular tour of duty [eight (8), eight and one-half (8.5), or ten (10) hours] on that holiday will be credited with twenty-four (24), twenty-five and one-half (25.5), or thirty (30) hours of compensatory time or additional pay as the Sergeant elects.
All hours in excess of a regular tour of duty on a holiday will be compensated in accordance with the provisions of Article 20.
Compensatory time will not be credited to a Sergeant on a holiday if the Sergeant is on the medical roll (excluding IOD), absent due to sickness or death in the family, on military leave, suspended, excused non-disciplinary or on a leave of absence.
Section 11.3 Personal Day
For each calendar year, Sergeants shall be entitled to receive, in addition to the days specified in Section 11.1, six (6) personal days. Subject to the limitations set forth in subsection (B), Sergeants shall not be required to work on a personal day, provided that written notice of the personal day is given to the appropriate superior no later than ten (10) days prior to the personal day.
The following limitations apply to the scheduling of personal days:
A holiday specified in Section 11.1 may not be selected as a personal day.
Prior to December 15 of the preceding year, the Department may identify up to three (3) dates for each watch during which personal days may not be scheduled.
Notwithstanding paragraph (2), the Department retains its existing right to deny a personal day in response to sudden or unexpected events or circumstances that customarily would require maximum swom staffing levels. If the Department intends to exercise this right, the Department shall provide Unit 156-Sergeants with twenty-one (21) days' notice of its intent or as much notice as is possible given the events or circumstances at issue.
Sergeants may elect to be paid for six (6) unused personal days per year in lieu of taking the time off. Where Sergeants elect such payment, the payment shall be made by April 1 of the following year. Sergeants may carry over six (6) unused personal days for use in the following year.
Any dispute within a Unit as to the selection of a personal day shall be resolved by seniority as defined in Section 23.1 (A).
Section 11.4 Special Compensation Time
If, as a result of a declaration by the Mayor, all employees ofthe Employer except for police and fire employees arc given a day off or portion thereof with pay. then all Sergeants who
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are required to work during such excused lime shall be given compensatory time off at a straight-time rate equivalent to the hours worked during such excused time.
Section 11.5 Holiday Declaration
To the extent that any additional holiday is declared by federal, state or municipal authority during the tenn of this Agreement, and such holiday is granted to any employee of the Employer, then said holiday shall be incorporated into Section 11.1 and compensated for as provided in Section 1 1.2.
ARTICLE 12 HEALTH INSURANCE AND RELATED BENEFITS
Section 12.1 Medical, Dental and Flexible Spending Account Plans
The Employer's medical and dental plans arc incorporated by reference into this Agreement and described in Appendices D, E, F, G, H, I and .1.
The Employer shall provide Sergeants with the opportunity to enroll in a Flexible Spending Account ("FSA") plan, which will pennit Sergeants to fund, on a pre-tax basis, an individual account that the Sergeant may use to pay for qualified unreimbursed medical expenses, as provided under Section 213 of the Internal Revenue Code. Subject to Internal Revenue Service regulations, the FSA plan will allow participants to pay the following qualified expenses on a pre-tax basis: dental expenses; vision expenses; health plan contributions, deductibles and co-payments; prescription drug co-payments and payments for over-the-counter drugs; and other unreimbursed medical expenses. Participation is voluntary, and participants may contribute up to $2500.00 annually on a pre-tax basis, which will be deducted pro-rata each payroll period. Sergeants may enroll in the FSA plan or change the amount of their elections once per year during open enrollment or when they have a change in family status. As mandated by the Internal Revenue Code, a "use it or lose it" rule applies to Section 125 plans. During open enrollment, the parties will engage in a joint educational campaign to inform Sergeants of the benefits of the FSA plan and otherwise increase employee participation in such plan.
Ihe medical plan (health insurance plan) shall consist of two (2) separate alternative coverages—a PPO plan ("PPO") and two (2) HMO plans ("HMO"). In the event that a new health care plan becomes available to the Employer during a plan year, the Employer shall have the right to include that new plan in the plan alternatives upon reasonable prior notice to and discussion wilh Unit 156-Sergeants.
The Employer shall make available to Sergeants and their eligible dependents summaries of the benefits provided by the Employer's health care plan either electronically or in print with the cost ofany printing to be borne by the Employer.
The plans for both medical and dental benefits, including the provisions on eligibility and self-contribution mles and amounts in effect as of the date of this Agreement, may nol be changed by the Employer without the agreement of Unit 1 56-Sergeanis; however, any changes during the term of this Agreement relating to health care (including, but not limited to. changes in employee contributions, deductibles or out-of-pocket limits) agreed to with Lodge 7 and
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applicable to bargaining unit members represented by Lodge 7 or Fire Lieutenants represented by Local 2, shall be applicable to Sergeants covered by this Agreement. Any increases in deductibles or out-of-pocket limits affecting the higher health care contribution band shall not exceed an increase in deductibles or out-of-pocket limits for the lower health care contribution band.
The Employer agrees to make available to the following other persons the above-described hospitalization and medical program and the dental plan: Sergeants who retire on or after age sixty (60) and their eligible dependents; widows and children of Sergeants killed in the line of duty; former Sergeants on pension disability (both duty and occupational) and their eligible dependents; and widows and children of deceased Sergeants who were formerly on pension disability (both duty and occupational). The Employer will contribute the full cost of coverage for any ofthe above-enumerated Sergeants who elect coverage under any plan or plans. However, coverage under a plan for such Sergeants shall terminate when a Sergeant either reaches the age for full Medicare eligibility under federal law or ceases to be a dependent as defined in a plan, whichever occurs first. After a Sergeant reaches the age for full Medicare eligibility, the Sergeant shall be covered under the medical program for annuitants, provided the person pays the applicable contributions.
Section 12.2 Chicago Labor-Management Trust
Unit 156-Sergeants commits to becoming a signatory labor organization of the labor-management cooperation committee known as the Chicago Labor-Management Trust ("Trust") and shall have one (1) Trustee appointed to the Trust. Upon the ratification of this Agreement, Unit 156-Sergeants agrees to meet with the Employer and representatives from the signatory labor organizations to the Agreement and Declaration of Trust establishing the Trust ("Trust Agreement") for the puipose of determining the guidelines and procedures to be used in expanding the Trust to include the members of the bargaining unit. After Unit 156-Sergeants becomes a signatory labor organization to the Taist, Unit 156-Sergeants shall be afforded the same right to withdraw from the Trust as is granted to any other signatory labor organization pursuant to the Trust Agreement.
Section 12.3 Health Care Reopener
A. Each party reserves the right to reopen this Agreement to negotiate the health care plan set forth in this Agreement for the following reasons:
Any change in the applicable laws, including a universal, national or state health care program, mandating significant changes in health insurance benefits that becomes law and is effective during the term of this Agreement and that affects the health care benefits offered to bargaining unit members; or
The lack of achievement of health care cost containment as anticipated by the parties pursuant to the formation and administration of the Trust referenced in Section 12.2 and as defined in the Trust Agreement.
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If any one of the foregoing events or conditions occurs, either party has thirty (30) days to notify the other party in writing of its intent to reopen this Agreement to negotiate the health care plan set forth in this Agreement. Thereafter, the parties have ninety (90) days within which to reach an agreement.
In the event that this Agreement is reopened to negotiate the health care plan, the health care plan in effect at the time the Agreement is reopened shall not be changed by the Employer without the written consent of Unit 156-Sergeants. If the parties are unable to agree on modifications to the health care plan, the dispute shall be submitted to interest arbitration in accordance with Section 28.3(B).
Section 12.4 Ambulance Fees
Sergeants and their eligible dependents and retirees and their spouses will be exempt from fees for emergency medical services performed by the Chicago Fire Department.
ARTICLE 13 LAYOFFS AND RE-EMPLOYMENT
Section 13.1 Priority of Layoffs
No Sergeant in the bargaining unit shall be laid off until all sworn police officers (including probationary police officers) have been laid off.
Section 13.2 Notice of Layoffs
When there is an impending layoff with respect to any Sergeants in the bargaining unit, the Employer shall inform Unit 156-Sergeants, in writing, no later than thirty (30) days prior to such layoff. The Employer will provide Unit 156-Sergeants with the names of all Sergeants to be laid off prior to the layoff. Sergeants shall be laid off in accordance with their seniority (i.e., time in grade). The Sergeants with the least amount of seniority shall be laid off first. All Sergeants shall receive notice, in writing, of the layoff at least thirty (30) days in advance of the effective date of such layoff.
Section 13.3 Recall
Any Sergeant who has been laid off shall be placed on the appropriate reinstatement list and shall be recalled on the basis of seniority, provided the Sergeant is fully qualified lo perform the work to which he/she is recalled without further specialized training. No police officer shall be promoted to Sergeant while a Sergeant is on layoff. Any Sergeant who has been laid off shall receive when recalled the salary rate that would have been received by the Sergeant had the Sergeant never been laid off.
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ARTICLE 14 BULLETIN BOARDS
The Employer shall provide Unit 156-Sergeants with designated space on available bulletin boards, or provide bulletin boards on a reasonable basis where none are available, upon which Unit 156-Sergeants may post its notices.
ARTICLE 15 SAFETY ISSUES
Section 15.1 Cooperation.
The Employer and Unit 156-Sergeants agree to cooperate to the fullest extent reasonably possible to promote the use of safe equipment and facilities.
Section 15.2 Safety Committee
Unit 156-Sergeants and the Employer shall establish a Safety Committee composed of one (1) Sergeant, one (1) Lieutenant and one (1) Captain designated by Unit 156-Sergeants and up to three (3) members designated by the Employer. The Committee shall meet at least semiannually, unless waived by mutual agreement, or more frequently by mutual agreement, for the purpose of discussing and investigating safety and health issues relating to Sergeants and to recommend reasonable safety and health criteria relating to equipment and facilities. Formal recommendations of the Committee shall be submitted, in writing, to the Superintendent or his/her designee with a copy to Unit 156-Sergeants, but such recommendations shall not be binding upon the Employer or Unit 156-Sergeants. In addition to Committee recommendations, Unit 156-Sergeants may submit additional written recommendations to the Superintendent.
For purposes of this Section, the term "investigating" shall be limited to the right of Unit 156-Sergeants Committee members to obtain information upon request, receive minutes of other Department safety meetings (if any), observe conditions regarding identified safety and health hazards and discuss such matters with Sergeants and members of management, provided such discussions do not unduly interfere with the performance of duty by any Sergeant or Committee member.
In the event the Employer agrees, in writing, to adopt the recommendation of the Committee or Unit 156-Sergeants, the recommendation shall be implemented within a reasonable period of time, unless the failure to implement in a timely fashion was beyond the reasonable control of the Employer. Flowcver, no monetary relief shall result from the failure to implement any such recommendation.
If the Superintendent or the Superintendent's designee disagrees with the recommendation of the Committee or Unit 156-Sergeants, he/she shall so notify the Committee or Unit 156-Sergeants in writing within ten (10) days. Within ten (10) calendar days of such notice, Unit 156-Sergeants may request arbitration of any such dispute if such dispute raises a good faith issue regarding the use of equipment or materials which are alleged to present a serious risk to the health or safety of a Sergeant beyond that which is inherent in the normal performance of police duties. The decision ofthe Arbitrator under this Section shall be advisory
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only and shall not be binding upon the Employer, provided that this procedure shall not be exclusive and shall not affect the right of a Sergeant or Unit 156-Sergeants to invoke Article 9 where otherwise appropriate. No such advisoiy opinion shall constitute a determination ofthe existence of any safety or health hazard under this Agreement nor shall any such advisory opinion be introduced in any proceeding under Article 9.
Section 15.3 Disabling Defects
No Sergeant shall be required to use any equipment that has been designated by both Unit 156-Sergeants and the Employer as being defective because of a disabling condition, unless the disabling condition has been corrected.
Section 15.4 Notices
The Employer shall post all safety and health notices required by law in conspicuous places where notices to employees are customarily posted.
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ARTICLE 16 SECONDARY EMPLOYMENT
Sergeants, including those engaged in secondary employment as of the, effective date of this Agreement, must submit on a form developed by the Chicago Police Department prior to engaging in secondary employment, giving notice ofthe place of secondary employment and the time and hours of said employment.
The Employer reserves the right to restrict secondary employment when it has reasonable cause to believe that the number of hours which the Sergeant spends on secondary employment is adversely affecting his/her performance. The Employer retains the existing right to limit, restrict or prohibit the nature or type of secondary employment that a Sergeant undertakes.
No Sergeant will be allowed to work, including work for a secondary employer, in excess of 16 hours in any 24-hour period unless ordered by the Department.
ARTICLE 17 UNIT 156-SERGEANTS REPRESENTATIVES
For the purposes of administering and enforcing the provisions of this Agreement, the Employer agrees as follows:
Section 17.1 Meeting Participation and Scheduling
The Employer recognizes and agrees to meet with Unit 156-Sergeants' representatives relating to matters covered by this Agreement. Meetings shall occur at reasonable times by mutual agreement. The names of designated representatives shall be certified to the Employer, in writing, by Unit 156-Sergeants.
Section 17.2 Unit 156-Sergeants Representatives
For purpose of the administration and operation of Unit 156-Sergeants, and for the purpose of conducting union business for Unit 156-Sergeants, the Employer shall grant three (3) Sergeants designated by the President of Unit 156-Sergeants paid time off to be used in a manner determined by Unit 156-Sergeants. During such paid time off, the Employer shall continue to pay the Sergeant all salary and maintain all benefits, including pension contributions and seniority accruals, as if the Sergeant were on duty with the Employer, provided that Unit 156-Sergeants reimburses the Employer an amount equal to the paid time off for said salary and benefits.
Section 17.3 Attendance at Unit 156-Sergeants Meetings
Subject to emergencies and the need for orderly scheduling, the Employer agrees that elected officials and members ofthe Board of Directors of Unit 156-Sergeants shall be permitted reasonable time off, without loss of pay, to attend general, board or special meetings of Unit 1 56-Sergeants. provided that at least forty-eight (48) hours' notice of such meetings shall be given, in writing, to the Employer, and provided further that the names of all such officials and Sergeants shall be certified, in writing, to the Employer.
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Section 17.4 Grievance Processing
Reasonable time shall be permitted Unit 156-Sergeants representatives for the purpose of aiding, assisting or otherwise representing Sergeants in the handling and processing of grievances or exercising other rights set forth in this Agreement, and such reasonable time shall be without loss of pay.
Section 17.5 Attendance at State and National Conferences
Subject to staffing needs, a maximum of ten (10) appointed or elected delegates will be permitted to attend state and national conferences of the Policemen's Benevolent & Protective Association of Illinois and the National Association of Police Organizations. Such conference time shall be equal to the duration of the conference plus reasonable travel time to and from such conference.
A maximum of ten(JO) appointed or elected delegates of Unit 156-Sergeants will be permitted to attend state and national conventions of the Policemen's Benevolent & Protective Association of Illinois and the National Association of Police Organizations with pay. Such convention time shall be equal to the duration of the convention plus reasonable travel time to and from such convention up to a maximum of seven (7) days every two (2) years.
Section 17.6 Unit 156-Sergeants Negotiating Team
Up to three (3) members designated as being on the Unit 156-Sergeants negotiating team shall, for the purpose of attending scheduled negotiations, be excused from their regular duties without loss of pay. If a Sergeant is in day-off status on the day of negotiations, the Sergeant will not be compensated for attending the session.
Section 17.7 Unit 156-Sergeants Activity
The Employer shall not prohibit discussion, solicitation or distribution of literature among Sergeants covered by this Agreement with respect to matters concerning Unit 156-Sergeants affairs, unless such activity interferes with the performance of the duties of any employee or with the orderly and efficient operations ofthe Employer, or unless it interferes with the transaction of business by the public with the Employer.
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ARTICLE 18 DISABILITY INCOME
Section 18.1 IOD
Any Sergeant absent from work on account of an IOD for any period of time not exceeding twelve (12) months shall receive for each such IOD full pay and benefits for the period of absence, provided such injury or illness is certified by the Medical Administrator. Such certification shall not be unreasonably withheld.
Sergeants who have exhausted said twelve (12) month paid IOD leave shall be given the option to go voluntarily on non-paid medical leave instead of disability pension, provided as follows:
The Sergeant must exhaust all furlough, personal days, Baby Furlough Days and accumulated compensatory time;
Such non-paid leave shall continue for no more than three (3) months, plus an extension of no more than three (3) months, and shall not be granted or extended, unless the Employer determines that the Sergeant is likely to return to duty within the period of the leave or extension thereof; and
Such non-paid leave shall be subject to Section 23.1(B) and shall not be deemed duty disability leave.
Section 18.2 Non-IOD
Any Sergeant absent from work on account of a non-IOD injury or illness for any period of time not exceeding twelve (12) months in any twenty-four (24) consecutive month period shall receive full pay and benefits for the period of absence, provided such injury or illness is certified by the Medical Administrator. Such certification shall not be unreasonably withheld.
Section 18.3 Certification
Certification that a Sergeant has been injured in the line of duty shall not be unreasonably withheld.
Section 18.4 Return to Duty
In order to enable Sergeants applying to return from leave for injury or illness to be processed back to duty as soon as possible, the Employer shall advise such Sergeants in advance of the records needed and other requirements they must meet in order to permit such return. The Employer must consider medical records and reports from legally qualified practitioners ofthe healing arts acting within the scope of their licenses, including, but not limited to, chiropractors, in its determination of whether a Sergeant is fit to return to duty.
If the Employer requires and specifies certain additional medical tests lo be performed and passed as a condition of the Sergeant's return, and said tests were not, and are not normally,
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performed in the normal course of appropriate medical treatment for the illness or injury involved, then the Employer shall, at its option, either provide the test or reimburse the Sergeant for the cost of both the test and any required record thereof to the extent that such cost is not covered by insurance.
The Employer shall not require a physician's certificate as a condition of return to duty from medical leave lasting three (3) days or less, except for good cause.
Section 18.5 Advisory Committee
The Employer and Unit 156-Sergeants shall establish a joint Committee to develop solutions to problems of medical leave cost and abuse. The Committee shall be advisory only.
Section 18.6 Injuries on Duty and Recurrence Claims
The Employer and Unit 156-Sergeants have agreed upon procedures which will be followed by the Medical Services Section when a Sergeant reports an injury on duty or a recurrence of an injury on duty. Those procedures are set forth in Appendix K.
Section 18.7 Employer Responsibility for Hospital, Medical and Prescription Costs and Pension Contributions
The Employer agrees to pay all hospital, medical and prescription costs of a Sergeant who is on a leave of absence for duty or occupational disability purposes, all at no cost to the Sergeant: The Employer shall make pension contributions on behalf of the Sergeant as if the Sergeant had remained in active service.
Section 18.8 Medical Benefit Statement
Upon the written request of a Sergeant who is injured or who becomes ill in the performance of his/her duties, the Employer will provide a written statement showing the period of absence and the amount of salary received during the period of absence due to such injury or illness. Upon the written request of a Sergeant on a leave of absence for ordinary, occupational or duty disability pension, the Employer will provide a statement covering the period of absence prior to retirement and the amount of the disability benefit received by the Sergeant during said period. Any statements for any calendar year required of the Employer under this Section will be provided only once.
ARTICLE 19 BEREAVEMEiN I LEAVE
Section 19.1 Death in Family
The Employer agrees to provide to Sergeants leave without loss of pay, as the result of a death in the family, not to exceed three (3) consecutive days, including regularly scheduled days off, within the fourteen (14) calendar days immediately following the death of a member of the immediate family.
Annual and time-due furlough will not be extended as a result of a death occurring in the Sergeant's immediate family during such furlough, unless the death occurs during the last'three (3) days of the furlough period, at which time the procedure outlined above will be followed.
Section 19.2 Definition of Family
A member of the immediate family shall be defined to be any Sergeant's mother or father (including step), wife, husband, domestic partner, daughter or son (including step or adopted), sister or brother (including half or step), father-in-law, mother-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparent or grandchild.
In the event of the death of a domestic partner, the Sergeant shall be granted three (3) consecutive days of leave, including regularly scheduled days off, within the fourteen (14) calendar days immediately following the death, provided that the Sergeant has registered the name ofthe Sergeant's domestic partner with the Department of Personnel.
Domestic partners are defined as two (2) persons, regardless of their gender, who have a close personal relationship, sharing the same regular and permanent residence for at least six (6) months, are eighteen (18) years of age or older, not married to anyone, not related by blood closer than would bar marriage in the State of Illinois and are each other's sole domestic partner, responsible for each other's common welfare and jointly sharing their financial responsibilities.
Section 19.3 Extended Bereavement Leave
Where a Sergeant is entitled to bereavement leave pursuant to Section 19.1 and where the death occurs and the funeral is to be held out of Illinois and beyond the states contiguous thereto, the Sergeant shall be entitled to a maximum of five (5) consecutive days. In the case ofthe death of a brother-in-law or a sister-in-law a Sergeant will have the option of extending the one day leave set forth in Section 19.1 for up to four (4) additional days to a maximum of five (5) days leave. For purposes of this Section, those states contiguous to Illinois are Missouri, Iowa, Wisconsin, Indiana, Kentucky and Michigan.
ARTICLE 20 HOURS AND OVERTIME
Section 20.1 Work Day, Work Week and Work Period
All time in excess ofthe hours worked in the normal work day and the normal work week shall be compensated as provided in this Article. The normal work period shall be twenty-eight (28) days commencing on a Sunday.
Section 20.2 Compensation for Overtime
Overtime is defined as those hours actually worked in excess of the normal work day or the normal work week. All approved overtime in excess of the normal work day or the normal work week shall be compensated at the appropriate overtime rate of time-and-one-half. For hours in excess ofthe normal work day or the normal work week, but less than 171 for a twenty-eight- (28-) day work period, the overtime rate will be calculated on the Sergeant's base salary
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only. For hours in excess of 171 in a twenty-eight- (28-) day period, the overtime rate will be calculated in accordance with the Fair Labor Standards Act ("FLSA"). Overtime will accrue in fifteen- (15-) minute increments once Sergeants work at least eight (8) minutes in a fifteen- (15-) minute period.
A Sergeant who earns overtime pursuant to the FLSA shall be paid overtime compensation. A Sergeant who earns non-FLSA overtime shall have the option of electing pay or compensatory time consistent with the provisions of this Agreement.
Section 20.3 Sixth and Seventh Day Work
A Sergeant who is in pay status for six (6) or seven (7) consecutive days within the pay period Sunday through Saturday will be compensated at the rate of time-and-one-half for work performed on the sixth day and seventh day. Voluntary schedule changes will be exempt from this provision.
Section 20.4 Call Back/Reporting on Regular Day Off
A call back is defined as an official assignment of work (including reporting to the Medical Services Section, but not for release from the medical roll) which does not continuously precede or continuously follow a Sergeant's worked hours. Sergeants who are called back or who are required to report to any location for work on a regular day off shall be compensated for two (2) hours at the appropriate overtime rate or for the actual time worked, whichever is greater, at the overtime rate.
Section 20.5 Court Time
Sergeants required to attend authorized court outside their regularly scheduled working hours shall be compensated at the overtime rate with a minimum of two (2) hours, except (1) if the court time is during a Sergeant's elective lime and the Sergeant knew ofthe court date before the request for elective time was approved, (2) while the Sergeant is on paid medical leave or (3) if the Sergeant is compensated for such time by a secondary employer.
Sergeants required to attend authorized court or authorized pre-trial conferences within one (1) hour immediately preceding their normal tours of duty will be compensated at the overtime rate for one (1) hour. Sergeants required to attend authorized court or authorized pretrial conferences commencing during their tours of duty and extending beyond the normal end of the tours of duty, or commencing at the same time as their tours of duty end, will be compensated at the overtime rate on the basis of completed fifteen- (15-) minute segments. This overtime will be computed from the end ofthe normal tour of duty to the sign-out time at the court or at the conclusion ofthe pre-trial conference.
Court appearances during off-duty hours, with the exceptions as noted above, will be credited at the rate of time-and-one-half with a minimum of two (2) hours when the actual time spent in court is two (2) hours or less. When the actual time spent in court exceeds two (2) hours, overtime will be computed on the basis of completed fifteen- (15-) minute segments. Appearances at more than one (1) court on the same day will be computed at the rate of time-and-one-half in the following manner:
When the lime between court appearances exceeds two (2) hours (sign-out time from the first court to sign-in time at the next court), a minimum of two (2) hours will be credited for each court appearance.
When the time between court appearances is two (2) hours or less, overtime will be computed on the basis of completed fifteen- (15-) minute segments for the total time between sign-in time at the first court and sign-out time at the last court. A minimum of two (2) hours will be credited when this total time is two (2) hours or less.
Section 20.6 Stand-By
Where the Employer requires a Sergeant to remain on stand-by and available for work, and the Sergeant is not able to come and go as the Sergeant pleases, such time shall be paid as time worked.
Section 20.7 Day Off Changes
Days off assigned on "change day" shall remain unchanged for the duration of each twenty-eight- (28-) day police period, except for the following:
In-service training;
Elective training;
Mandatory proficiency training;
Pre-service training for promotion;
5. Court appearances in excess of two (2) consecutive days; and
6. A situation where the Superintendent and the Mayor have determined in
writing that a serious emergency condition exists.
The Employer's right to assign Sergeants for duty while on regular day-off status is unrestricted and unchallenged, provided, however, that in each such event, the Employer will pay the Sergeant so assigned the premium time under Section 20.2.
Changes required to implement the provisions of Section 23.2 controlling scheduled days off for Sergeants going on or returning from furlough or changes made at the request of Sergeants shall not require premium compensation.
Section 20.8 Accumulation of Compensatory Time
The Employer will not restrict an accumulation of compensatory time. The number of hours of compensatory time which a Sergeant has on record shall not be the controlling factor in determining whether a Sergeant will be allowed to take time due.
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Section 20.9 Scheduled Back-to-Back Shifts
When a Sergeant assigned to District Law Enforcement who has worked a full tour of duty on the third watch on the preceding day is scheduled to work on the first watch, the Sergeant shall receive compensation as follows:
For four (4) hours worked, the Sergeant will be credited with eight (8) hours of regular pay.
For more than four (4) hours worked, the Sergeant shall be credited at the rate of time-and-one-half for hours worked over four (4) on the first watch in addition to the eight (8) hours of regular pay up to a maximum of fourteen (14) hours for a full tour of duty on the first watch.
Such compensation will not apply if the back-to-back tour of duty occurs as a result ofthe Sergeant's request.
For purposes of this Section, back-to-back shift means two (2) consecutive, but different, tours of duty. Back-to-back does not include an extension of a tour of duty, which is a continuation of duties from the prior tour of duty.
Section 20.10 Rank Credit
The Employer will credit each Sergeant with forty-five (45) minutes per day of compensatory time. Said forty-five (45) minutes per day will be credited for each day on which a Sergeant works, provided the Sergeant works at least four (4) hours that day.
Section 20.11 Duty Availability Allowance
A. All eligible Sergeants shall be paid the following quarterly payments as duty
availability pay:
Effective Date Per Quarter
January 1, 2017 $950.00
FJ. Entitlement to duty availability pay is not dependent on a Sergeant being present for duty for an entire pay period.
C. In accordance with applicable law, the Employer shall treat duty availability allowance payments as pensionable.
Section 20.12 Change of Schedule
A. The Employer's right to assign Sergeants at any time and at different times during each twenty-eight- (28-) day police period remains unrestricted and unchallenged. Watch assignments and designated starting times shall be established and posted at the
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beginning of each police period and shall remain in effect for the duration of the twenty-eight-(28-) day police period, except for the following:
In-service training;
Elective training;
Mandatory proficiency training;
Prc-service training for promot ion;
Court appearances in excess of two (2) consecutive days;
A situation where the Superintendent and the Mayor have determined in writing that a serious emergency condition exists; and
Working out of grade.
However, starting times may be adjusted by the Employer (1) plus or minus two (2) hours from the designated starting time or (2) for up to seven (7) hours within the Sergeant's assigned watch for circumstances not known to the Employer forty-eight (48) hours prior to the start of the police period.
Any adjustment made inconsistent with the above provision, made after the start of the twenty-eight- (28-) day period, will result in payment in accordance with Section 20.2 for the hours worked outside of the Sergeant's tour of duty scheduled at the beginning ofthe twenty-eight- (28-) day period. Shift changes during the police period made voluntarily at the request of the Sergeant and upon approval of the Employer shall not require additional compensation. Tliere shall be no pyramiding of overtime and/or premium pay; overtime and premium pay shall not be paid for the same hours worked.
This Section does not apply to a condition where the Superintendent and the Mayor have determined, in writing, that a serious emergency condition exists or to Sergeants who volunteer for duties which by their very nature require changes in starting times, including the following: personnel working in the Office of the Superintendent who are assigned to Administration, Management and Labor Affairs Section, Office of Legal Affairs, Office of News Affairs, Inspection Division, Office of Crime Control Strategies, and Office of International Relations; personnel working in the Office of the First Deputy Superintendent who are assigned to Administration, Special Events & Liaison Section, and Detached Services; personnel working in the Bureau of Patrol who are assigned to Administration, Patrol Division Sergeants who are assigned to District Tactical Teams, CAPS Sergeants, Business Liaison Sergeants, First and Eighteenth District Foot Patrol, Sergeants assigned to Area Deputy Chiefs, and Special Functions Division, only to include the Detail Unit, Bait Car"Team, Bomb Tech Unit, Canine Unit. Mounted Unit, Marine and Helicopter Unit. Special Activities, SWAT, and Troubled Buildings; personnel working in the Bureau of Organized Crime; personnel working in the Bureau of Organizational Development who are assigned to Research and Development and Education and Training Division; personnel working in the Bureau of Internal Affairs; personnel working in the Bureau of Detectives who are assigned to Detective Division Mission Teams. Central
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Investigations Unit, Youth Investigation Division not assigned to JISC, and Auto Theft Special Investigations and Stripping Teams; personnel working in the Bureau of Administration who are assigned to the Personnel Investigation Section ofthe Human Resources Division; and Sergeants assigned to dignitary protection duties as part of their regular duties, or temporary replacements therefore, excluding Sergeants assigned to visiting dignitaries.
ARTICLE 21 UNIFORMS
Section 21.1 Uniforms and Equipment Advisory Committee
One Sergeant designated by Unit 156-Sergeants shall be added to the Department's Uniforms and Equipment Advisory Committee. The Committee's function will be to offer recommendations relative to additions, deletions or modifications in the Department's Uniforms and Personal Equipment Program. The recommendations will be channeled through the Research and Development Division to the Department's Uniforms and Personal Equipment Policy Committee. Any and all recommendations made by the Committee will be advisory only.
Section 21.2 Major Changes
The Department will apprise the Uniforms and Equipment Advisory Committee whenever major changes to the Uniforms and Personal Equipment Program are anticipated.
Section 2.1.3 Uniform Allowance
Each Sergeant shall receive a uniform allowance of $1,950.00 per year payable in three (3) installments of $650.00 beginning on August 1, 2020 and continuing every February 1, August 1 and December 1 of and each calendar year thereafter.
Subject to available funding, the Employer shall issue to each Sergeant a voucher that shall be used to purchase uniforms and personal equipment items which are identified by the Superintendent in accordance with the Department's Uniforms and Personal Equipment Program and which are not currently possessed by the Sergeant.
Section 21.4 Uniform Change or Modification
The Employer shall pay for the first issue of any change in, or modification of, the prescribed uniform announced and effective after January 1, 1998. Changes in the prescribed uniform required as a result of promotion to or from the position of Sergeant shall not be subject to payment by the Employer.
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ARTICLE 22 INDEMNIFICATION
Section 22.1 Employer Responsibility
The Employer shall be responsible for, hold Sergeants harmless from and pay for damages or monies which may be adjudged, assessed or otherwise levied against any Sergeant covered by this Agreement, subject to the conditions set forth in Section 22.4.
Section 22.2 Legal Representation
Sergeants shall have legal representation by the Employer in any civil cause of action brought against a Sergeant resulting from, or arising out of, the performance of duties.
Section 22.3 Cooperation
Sergeants shall be required to cooperate with the Employer during the course of the investigation, administration or litigation ofany claim arising under this Article.
Section 22.4 Applicability
The Employer will provide the protections set forth in Sections 22.1 and 22.2 so long as the Sergeant is acting within the scope of his/her employment and where the Sergeant cooperates, as defined in Section 22.3, with the Employer in defense ofthe action or actions or claims.
Section 22.5 Expedited Arbitration
Grievances alleging a violation of Article 22 may be initiated at Step Three of the grievance procedure. In arbitrations thereunder, unless the parties agree otherwise, the hearing shall commence within thirty (30) days ofthe selection of the Arbitrator, and the Arbitrator shall issue his/her award, in writing, within fifteen (15) days following the close ofthe hearing. The full written decision of the Arbitrator may be issued within thirty (30) days of the close of the hearing.
ARTICLE 23 SENIORITY
Section 23.1 Definition and Application
A. Seniority shall be defined as a Sergeant's continuous length of service in rank subject to Section 23.1(B).
In the event two (2) or more Sergeants have the same seniority date, the Sergeant with the longest period of continuous service, as determined by referring to the Sergeants' continuous service dates, shall receive the higher seniority status.
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Tn the event two (2) or more Sergeants have the same seniority and continuous service dates, the older Sergeant, as determined by referring to the Sergeants' dates of birth as recorded on their employment applications, shall receive the higher seniority status.
Advancement within the salary and quarterly differential schedule shall be determined by the Sergeant's continuous service date. The continuous service date shall be the . date of last hire as a swom member subject to the following:
For a Sergeant who has resigned and who has been re-hired, the continuous service date shall be determined by the continuous length of service from the date of last hire as a swom member without consideration of the Sergeant's prior service, unless an application for re-employment was received within one (1) year of the Sergeant's resignation date, in which case the continuous service date will be adjusted to reflect the time the Sergeant was absent from the Department.
For Sergeants taking a leave of absence, only the days absent in excess of thirty (30) days' leave from the Employer's service without pay (other than military, duty disability, Family and Medical Leave Act leave or suspension) shall be deducted in computing the continuous service date.
The seniority of a Sergeant and the employment relationship shall be terminated in the following circumstances:
Resignation;
Separation (discharge);
Retirement;
Unauthorized absence for four (4) consecutive working days without notice to the Employer;
Tf laid off, failure to report fit for duty within thirty-one (31) days ofthe delivery of written notification of recall to the Sergeant's last known address, which notification shall be simultaneously provided to Unit 156-Sergeants;
Failure to report fit for duty upon the termination of an authorized leave of absence; and
On a layoff list for five (5) years.
Section 23.2 Furlough Scheduling
In Units in which there are two (2) or more Sergeants assigned to each watch, following the annual watch selection, a Sergeant shall select his furlough by seniority on the watch within the Unit of assignment, or, if detailed for twenty-eight (28) days or more prior to the date
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selection begins, within the Unit of detail on the basis of seniority on the watch. Tn Units in which there are less than two (2) Sergeants assigned to each watch, a Sergeant shall select his/her furlough by seniority within rank within the Unit of assignment, or, if detailed for twenty-eight (28) days or more prior to the date selection begins, within the Unit of detail on the basis of seniority in rank. District Tactical and District Gang Tactical Sergeants shall be deemed a separate watch for purposes ofthis Section.
Sergeants may elect to take their full furlough or split the furlough to which they are entitled into two (2) equal segments. If a full furlough is selected or if the furlough is split, the full furlough or first one half of the furlough shall be determined in one process and on the basis of seniority in rank on the watch or in the Unit as specified in the preceding paragraph. After all Sergeants have bid for their first choice, Sergeants who have split their furlough shall select the second one half in one process and on the basis of seniority in rank on the watch or in the Unit as specified in the preceding paragraph.
A full furlough will commence on the first day of a police period. A split furlough will commence on either the first or the fifteenth day of a police period.
Compensatory time furloughs will not be scheduled for Sergeants who split their annual furloughs; however, such Sergeants shall be allowed to take a compensatory time furlough, subject to manpower requirements.
Furlough schedules may be adjusted to accommodate seasonal operations, significant revision in organization, work assignments or the number of personnel in particular ranks.
Further, a Sergeant who voluntarily leaves a watch or Unit after his/her furlough selection will have his furlough segment changed if there is a Sergeant on the new watch or in the new Unit who already has the same furlough segment which results in an overage of Sergeants on furlough for that watch or in that Unit, in which event the incoming Sergeant shall have the opportunity to select from available furlough segments.
Sergeants assigned to a 4-2 work schedule will have the right to extend a furlough or furlough segment to the scheduled regular days off (RDOs) on the front and back of the furlough or furlough segment. Sergeants in the ten (10) hour work schedule or traditional work schedule will be allowed furlough extensions on cither the front or back end of their furloughs to the Sunday prior to the start of the furlough or the Saturday following the end of the furlough.
Sergeants will be afforded the option of reverting to the day off group (DOG) and/or work schedule to which he or she was assigned at the time of the Annual Furlough Selection unless he or she voluntarily changed his or her work schedule or DOG. When reverting back to a DOG or work schedule, eligible Sergeants will notify his or her Unit Commanding Officer by To-From-Subject report of that intention no less than two (2) weeks prior to the reversion. The Sergeant will identify when he/she intends to revert. The Sergeant may opt to revert on the Sunday before the start of the furlough or the Sunday beginning the furlough. The Sergeant will remain in the reversion DOG/work schedule for the entire furlough. The Sergeant may remain in the reversion DOG until the Saturday following the completion of the furlough or return to his/her assigned DOG on the Sunday following the furlough.
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Section 23.3 Seniority List
The Employer shall prepare a seniority list. The list shall be made available to Sergeants in each Unit. Unit 156-Sergeants shall receive a copy of said list at least quarterly. In addition to a seniority list, Unit 156-Sergeants shall be provided a seniority list in alphabetical order at least quarterly.
Section 23.4 Personal Day Selection
Any dispute within a Unit as to the selection of a personal day provided for in Section 11.3 shall be resolved by seniority.
Section 23.5 Use of Elective Time
Authorized elective time used to extend a furlough shall receive first priority, provided that a written request is submitted prior to the beginning of a furlough.
Authorized requests for other days off shall be in accordance with the following priorities if written notice of the requested day off is given to the appropriate superior no later than ten (10) days prior to the requested day off:
Personal days shall receive first priority;
Baby Furlough Days shall receive second priority;
Surplus vacation days shall receive third priority; and
Compensatory time shall receive fourth priority.
Any dispute within a Unit as to the selection of a day off shall first be decided by the priority schedule in this Section. Any dispute within a Unit as to the selection of a day off within the same priority schedule shall be resolved by seniority.
Requests for days off that are submitted less than ten (10) days from the requested day off may only be authorized after all requests submitted ten (10) or more days prior to the requested day have been authorized. Requests submitted less than ten (10) days from the requested day off shall not be subject to this priority schedule or seniority.
Section 23.6 Canceled Days Off
When operational considerations require the cancellation of days off, the following procedure will apply:
The Employer will designate the rank, watch, Units and day off groups which will have days off canceled. In those Units which have been designated to provide personnel, seniority will be the determinative factor in the selection of Sergeants required to work on their regular days off, provided that the Sergeants to be selected possess the necessary skill or special qualifications to perform the duties required. The Employer shall first seek volunteers on the
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basis of seniority from among those Sergeants in said Unit. If there are insufficient volunteers, the Employer shall select Sergeants on the basis of reverse seniority.
For the purpose of this Section, a Unit may be defined as a Bureau, Division, Area, District, Section, group, watch or Tactical, Gang Tactical or Community Policing Unit.
Section 23.7 Holiday Assignment
When operational considerations require that a Sergeant of a Unit work on a holiday, as defined in Section 11.1, the most senior Sergeant will be given the option to work, provided that the holiday is the Sergeant's regular work clay and watch, and further provided the Sergeant possesses the necessaiy skill or special qualifications to perform the duties required.
For the purpose of this Section, a Unit may be defined as a Bureau, Division, Area, District, Section, group, watch or Tactical, Gang Tactical or Community Policing Unit.
Section 23.8 Details
This Section applies to Sergeants assigned to District Law Enforcement and the Units listed in Section 32.1(C).
Sports Events, Parades or Festivals
When the Employer decides to assign a Sergeant to a detail outside the Area, District or Unit to a sports event, parade or festival, the Employer shall determine the watch and Unit from which Sergeants are to be assigned to the detail. The Employer shall select a Sergeant for a detail who occupies a management position on the affected watch prior to selecting a Sergeant who occupies a bid position on the affected watch for that detail. If and to the extent there are insufficient management Sergeants available on the affected watch for the detail and there are no volunteers for the detail from the affected watch, the Employer shall select the Sergeant for the detail from among the bid Sergeants on the affected watch on the basis of reverse seniority, provided that there are no management Sergeants available.
Temporary Manpower Shortage-Short-Term Details
When the Employer decides to detail a Sergeant to another District/Unit to provide relief for a temporary manpower shortage, the Employer will designate the District/Unit and Watch which will provide the Sergeant(s) for the detail. Sergeant(s) will then be selected in the following manner:
The Employer shall seek volunteers based upon seniority among Sergeants on the Watch at no additional compensation. i
If there are insufficient volunteers, the Employer shall select a Sergeant who does not hold a District or Unit Bid from the Watch on the basis of reverse seniority.
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3. If there are insufficient Sergeants on the designated Watch who do not hold District or Unit Bid positions, the Employer will offer the premium pay opportunity to the Sergeants holding District or Unit Bids in order of seniority.
Temporary Manpower Shortage-Long-Term Details
When the Employer decides to detail a Sergeant outside the Sergeant's District or Unit of assignment for more than thirty (30) days to provide relief for a temporary manpower shortage, the Employer will designate the District/Unit and Watch which will provide the Sergeant(s) for the detail. Sergeant(s) will then be selected in the manner set forth under paragraph (B) above.
A Sergeant will not be detailed for longer than ninety (90) days. A Sergeant who has completed a ninety (90) day detail shall be returned to his/her District or Unit of assignment and will not be required to participate in another long-term detail for the next one hundred and eighty (180) days. However, the same Sergeant may, at his/her option, agree to continue the detail until it is concluded, or foranother ninety (90) days, whichever occurs first.
Detail Pay
A Sergeant assigned to District Law Enforcement who is detailed pursuant to Section 23.8(B)(2), (B)(3) or (C) to a District in an Area outside of his/her Area of assignment will be compensated at the rate of time-and-one-half for the duration of the detail. For purposes of this Section, Areas are North, South and Central. In the event the Employer changes or reconfigures District and/or Area boundaries, the Employer will notify and meet with Unit 156-Sergeants. Any disputes arising from the Department's changes or reconfiguration will be subject to mediation at the request of Unit 156-Sergeants.
Applicability
The Employer's Tactical Team and Gang Tactical Team Sergeants, Mission Team Sergeants, Foot Sergeants, Sergeants assigned to the Community Policing Office and Business Liaison Sergeants shall not be restricted in any way by this Section.
In emergency situations, or situations where the Employer reasonably anticipates civil disorder will occur, or does occur, this Section shall not apply.
If a Sergeant is detailed in any manner contrary to the provisions of this Agreement, the affected Sergeant will be entitled to compensation at the rate of time-and-one-half for the duration of the detail.
ARTICLE 24 EDUCATIONAL REIMBURSEMENT
The Employer agrees to provide tuition reimbursement to Sergeants for extra-Department education subject to the following conditions:
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To be eligible for reimbursement—
Each course taken must be job-related or necessary for an undergraduate or graduate degree.
Proof of acceptance for a degree program must be presented upon request.
Each course taken towards a college or university degree must grant college level credit.
Each course must be taken through an accredited college or university.
Sergeants must file applications for reimbursement on the appropriate forms no later than thirty (30) days after the beginning of the course of study.
Reimbursement will be granted on the following basis:
Grade "A" 100%
Grade "B" and any other grades
classified by the school as passing 75%
Reimbursement may be denied if a Sergeant's work performance is deemed inadequate or if a Sergeant has a record of sustained infractions of Department orders, directives or procedures.
Reimbursement will not be granted to the extent—
Tuition costs are covered by the U.S. Department of Veteran's Affairs or other funds; or
The program in which the Sergeant is enrolled is reimbursable through a federal grant-in-aid program for which the Sergeant is eligible.
Reimbursement will be made for a maximum of two (2) courses per school term.
Reimbursement will be granted when a Sergeant is required by the Superintendent to attend an educational or training program.
IT. In the event a Sergeant commences an undergraduate or graduate degree (including a law degree) program after January 1. 1997 and obtains an undergraduate or graduate degree wilh the assistance of the tuition reimbursement program, and the Sergeant, within one (1) year of obtaining such degree, voluntarily resigns from the Department, all tuition costs [one hundred percent (100%)] reimbursed lo the Sergeant by the Employer for obtaining such degree shall be repaid to the Employer. If ihe Sergeant voluntarily resigns after one (1) year, but less than two (2) years, after obtaining the degree, the Sergeant shall repay one-half [fifty percent (50%)] of the tuition reimbursement to the Employer. If the Sergeant does not complete the degree program and voluntarily resigns from the Department, the Sergeant shall repay one
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hundred percent (100%) of all tuition reimbursement received for any course completed within two (2) years of such resignation. Sergeants receiving tuition reimbursement for such degrees shall, as a condition of-receiving such reimbursement, execute an appropriate form consistent with this paragraph. This provision shall not apply to reimbursement under Article 24(G), nor shall this provision apply to Sergeants who resign from the Department for the purpose of accepting employment within another City of Chicago department.
ARTICLE 24A EDUCATIONAL LEAVES
Sergeants may be excused without loss of pay to attend a conference, a seminar, a workshop or other function of a similar nature that is intended to (A) improve, maintain or upgrade the Sergeant's certifications, skills and professional ability and (B) benefit the Department. I f a request is denied, the Sergeant will be given a reason, in writing, for the denial.
ARTICLE 25 LIFE INSURANCE
The Employer agrees to provide a $75,000.00 life insurance benefit at no cost to each Sergeant and an AD&D benefit to be increased to $5000.00 effective July 1, 2003. Sergeants must complete a City of Chicago Group Term Life Insurance enrollment form set, including the employee beneficiary section of the form set, in order to qualify for coverage in the Basic Group Term Life Plan. The failure of the Sergeant to complete the enrollment form set will result in termination ofthe Sergeant's Basic Group Tenn Life Insurance coverage.
The Employer agrees to provide procedures for Sergeants to purchase optional Group Term Life Insurance and Universal Life Insurance in addition to.the Basic Group Tenn Life Insurance coverage provided above at nominal additional cost to Sergeants. Sergeants will be pennitted to purchase any amount of optional insurance coverage in $1000.00 multiples up to an amount equal to their annual salaries rounded up to the next multiple of $1000.00. The optional Group Term Life Insurance shall continue to be provided to Sergeants at the Employer's then cunent cost.
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ARTICLE 26
WAGES
Section 26.1 Salary Schedule
Effective July 1, 2016 and thereafter, Sergeants shall receive the following
percentage increases in their base salaries set forth in Appendix N, subject to the provisions of
subsection (B):
Effective Date Percentage Increase
July 1,2016 2.00%
January 1, 2017 1.00%
January 1, 2018 2.25%
January 1, 2019 2.25%
January 1,2020 2.00%,
January 1, 2021 2.00%
January 1, 2022 2.00%
During the term of this Agreement, should the bargaining unit of swom police officers currently represented by Lodge 7 of the F.O.P. or the Fire Lieutenants currently represented by Local 2 ofthe I.A.F.F., negotiate larger percentage base increases for the period of July 1, 2017 and June 30, 2022, in excess of that received by the Sergeants as set forth in A. above or lower health care increases in Health Care contributions or salary cap, the Employer shall grant Unit 156-Sergeants bargaining unit members increases equivalent to those granted to such other bargaining unit(s) over the same time period.
During the term of this Agreement, should there be enacted into law legislation pursuant to which Sergeants covered by this Agreement are required to increase their contributions to the Policemen's Annuity and Benefit Fund Act ofthe Illinois Pension Code (40 ILCS 5/5-101 et seq.) or any successor pension fund in an amount above the amount of the current annual contribution of 9% of salary, Unit 156-Sergeants may reopen this Agreement solely on the issue of wages for the purpose of renegotiating the base salary and percentage increases which shall be paid to Sergeants. Unit 156-Sergeants shall have thirty (30) days from the date it receives notice that the contributions will increase to notify the Employer, in writing, by certified mail, of its intent to reopen this Agreement. The notice referred to shall' be considered to have been given as of the date shown on the postmark. Written notice may be tendered in person, in which case the date of notice shall be the written date of receipt. In the event this Agreement is reopened pursuant to this provision, the base salary and percentage increases set forth in this Agreement will not be changed or reduced without the written consent of Unit 156-Sergeants. The Employer and Unit 156-Sergeants shall have ninety (90) days to renegotiate the base salaries and percentage increases set forth in this Agreement. In the evenl the parties are unable to resolve the issue of base salaries and percentage increases during the ninety (90)-day negotiation period, or within any mutually agreed to extension, the dispute shall be submitted to the impasse resolution procedure set forth in Section 28.3(B).
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Section 26.2 Quarterly Differential
Effective January 1, 1999 and subsequent years, the quarterly differential shall be increased by the same percentage increase as the base salary and shall be paid in accordance with Appendix M.
Section 26.3 Work Out of Grade
Any Sergeant covered by this Agreement who is directed to perform substantially all of the duties and assumes substantially all of the responsibilities of a higher rank for two (2) or more hours within a single tour of duty shall be paid at the E4 rate of pay for a full tour of duty. If the Sergeant is required to work overtime while working Out of Grade he/she shall be paid at the E4 rate for each hour worked Out of Grade and shall also be compensated at the E3 rate for each overtime hour worked consistent with the provisions of Section 20.2.
Section 26.4 Payment of Wages
Except for delays caused by payroll changes, data processing or other breakdowns, or other causes outside the Employer's control, the Employer shall continue its practice with regard to the payment of wages, which generally is as follows: (1) payment of wages provided herein shall be due and payable to a Sergeant no later than the first and sixteenth day of each month; (2) holiday premium pay shall be due and payable to the Sergeant no later than the twenty-second day of the month following the month in which the holiday premium was earned; and (3) other premium pay shall be payable to the Sergeant no later than the last day of the period following the period in which the premium work was performed. The Employer shall not change pay days except after notice to and, if requested by Unit 156-Sergeants, negotiating with Unit 156-Sergeants. "Negotiating" for the purpose of this Section shall mean as it is defined in Section 8(d) of the National Labor Relations Act.
Notwithstanding (1) above, the day that the payment of wages provided herein is due and payable lo a Sergeant will be changed from the first and sixteenth day of each month to the seventh and twenty-second day of each month. This change in pay day will take approximately six (6) months after the date of ratification. If the parties cannot agree on a date, the Arbitrator will retain jurisdiction for the purpose of specifying the due date.
Section 26.5 Payment of Time
A Sergeant covered by this Agreement who resigns or dies shall be entitled to and shall be paid for all unused compensatory time accumulated by said Sergeant, including furlough time. Baby Furlough Days and personal days. A Sergeant who is separated for cause shall be entitled to receive only unused compensatory time accumulated as a result of earned overtime for hours worked in excess of 171 per twenty-eight- (28-) day period.
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Section 26.6 Compensatory Time Exchange
A Sergeant may exchange (cash in) accumulated compensatory time not to exceed three hundred (300) hours each year of this Agreement at the Sergeant's hourly rate at the time of payment. Application for such exchange shall be on a form provided by the Employer and at a time each year set by the Employer. In no event shall payment be made any later than March 1 ofthe year following application.
Section 26.7 GreenSlips
Within sixty (60) days of ratification of this Agreement, all Sergeants advice through direct deposit shall register to receive their notification of pay deposit advice electronically through the Employer's program for that purpose [currently "GreenSlips"] if they have not done so already. Sergeants will receive their notification of pay and deposit advice electronically through GreenSlips the first pay period after registering for GreenSlips.
ARTICLE 27 RESIDENCY
All Sergeants covered by this Agreement shall be actual residents of the City of Chicago.
ARTICLE 28
DURATION, ENFORCEMENT AND DISPUTE RESOLUTION
Section 28.1 Term of Agreement
This Agreement shall be effective from July 1, 2012 and shall remain in full force and effect until June 30, 2016. It shall continue in effect from year to year thereafter, unless notice of termination is given, in writing, by certified mail, by either party no earlier than February 1, 2016 and no later than March 1, 2016. The notices referred to shall be considered to have been given as of the date shown on the postmark. Written notice may be tendered in person, in which case the date of notice shall be the written date of receipt. It is mutually agreed that the Articles and Sections shall constitute the Agreement between theparties for the period defined in this Section.
Section 28.2 Continuing Effect
Notwithstanding any provision of this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after any expiration date while negotiations or resolution of impasse procedures are continuing for a new agreement or part thereof between the parties.
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Section 28.3 Impasse Resolution, Ratif ication and Enactment
If the parties reach a complete agreement as to the items for negotiation at the end ofany negotiating period, the following procedure shall apply:
The agreement will first be presented to Unit 156-Sergeants' membership with the recommendation of the Executive Board for rat ification.
Within ten (10) days after such ratification by Unit 156-Sergeants' membership, the agreement will be submitted to the City Council of the City of Chicago with the Superintendent's and the Mayor's recommendation for ratification and concurrent adoption in ordinance 'form pursuant to the City of Chicago's Home Rule authority. The Employer and Unit 156-Sergeants shall cooperate to secure this legislative approval.
In the event the City Council should reject the recommended agreement, the parties shall meet again within ten (10) days ofthe City Council's vote to discuss the reasons for the City Council's rejection and to detenninc whether any modifications can be made to deal with the problems, but either party may thereafter invoke arbitration in accordance with Section 28.3(B) upon ten (10) days' written notice tothe other party.
For purposes of this Article, rejection by the City Council means affirmative rejection by a three-fifths (3/5) vote ofthe members of the City Council within thirty (30) days of the date the agreement is submitted to it.
If a complete agreement is not reached between the parties as to the items for negotiation at the end ofany negotiating period, the following procedure shall apply:
In the event that disputed items cannot be resolved during the negotiation period, all disputed items shall be referred to a three- (3-) person Dispute Resolution Board, one (T) member to be selected by each of the parties and the third member lo be jointly agreed upon by the parties.
The Board shall be convened and shall be composed ofthe following three (3) persons: one (1) appointed by the Employer, one (1) appointed by Unit 156-Sergeants and one (1) impartial member to be mutually selected and agreed upon by the Employer and Unit 156-Sergeants. If, altera period of five (5) days from the date of the appointment of the two (2) representatives of the parties, the remaining Board member has not been selected or otherwise agreed upon, then either representative may request the American Arbitration Association, or its successor in function, to furnish a list of seven (7) members of said service from which the remaining Board member shall be selected. The American Arbitration Association shall be advised that the eligibility criteria for names to be placed upon the list shall include the following: membership in the National Academy of Arbitrators; at least five (5) years' experience in
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labor relations dispute resolutions in either the private or public sector; U.S. citizenship; and a commitment by any such individual that, if appointed or selected, said individual agrees to comply with the time limits set forth in subsection (B)(5). Upon mutual written agreement of the Employer and Unit 156-Sergeants, the parties' right to appoint any Board members other than the impartial member may be mutually waived.
The list shall be immediately published, and the representative appointed by the Employer shall, within five (5) days after publication of said list, eliminate three (3) names from the list. Within two (2) days after such elimination, the representative appointed by Unit 156-Sergeants shall eliminate three (3) names from the list. The remaining individual, plus the individual appointed by the Employer and the individual appointed by Unit 156-Sergeants, shall compose the Board.
The member of the Board selected, pursuant to subsection (B)(3), shall act as Chairman. He/she shall be an impartial, competent and reputable individual and shall be administered and subscribe to the constitutional oath or affirmation of office. 'Hie Employer and Unit 156-Sergeants shall each pay one-half of the fees and expenses of the impartial member.
The Chairman shall have the authority to convene and adjourn proceedings, administer oaths, compel testimony and/or the production of documents and employ such clerical or research assistance as in his/her judgment and discretion are deemed warranted. He/she shall convene proceedings on the issues presented to the Board within ten (10) days after his/her appointment and/or selection; the Board shall make its determination within thirty (30) days after it has convened. The time limits set forth herein may be extended only upon written mutual agreement of both the Board member appointed by Unit 156-Sergeants and the Board member appointed by the Employer.
The Employer and Unit 156-Sergeants shall attempt to agree upon a written statement of the issue or issues to be presented to the Board. In lieu of, or in addition to, such mutual statement of issues, each party may also present its own list or statement of issues, provided only that any such issue not mutually agreed upon shall have been an issue previously the subject of negotiations or presentation at negotiations. During the course of proceedings, the Chairman shall have the authority as necessary to maintain decorum and order and may direct (absent mutual agreement) the order of procedure; the rules of evidence or procedure in any court shall not apply or be binding. The actual proceedings shall not be open to the public, and the parties understand and agree that the provisions of 5 ILCS 120/1 et seq. are not applicable. If, in the opinion ofthe impartial member of the Board, il would be appropriate to meet with either the Employer or Unit 156-Sergeants for mediation or conciliation functions, the Board may
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do so, provided only that notice of such meetings shall be communicated to the other party.
The compensation, if any, of the representatives appointed by Unit 156-Sergeants shall be paid by Unit 156-Sergeants. The compensation of the representative appointed by the Employer shall be paid by the Employer.
The terms decided upon by the Board shall be included in an agreement to be submitted to the City Council for adoption. The terms of this Agreement shall continue to bind both parties hereto during all negotiations and impasse resolution procedures.
If the City Council should reject the arbitrated agreement, the parties shall meet again within ten (10) days of the City Council's vote to discuss the reasons for the City Council's rejection and to determine whether any modifications can be made to deal with the problems, but either party may thereafter terminate this Agreement upon ten (10) days' written notice to the other.
There shall be no implementation of any provisions of a successor agreement without City Council ratification and adoption in ordinance form of the agreement, except, however, that the terms of this Agreement shall remain in full force and effect until a successor agreement is adopted in ordinance form or this Agreement is terminated pursuant to subsection (B)(9).
As permitted by 5 ILCS 315/14(p), the impasse resolution procedure set forth herein shall govern in lieu of the statutory impasse resolution procedure provided under 5 ILCS 315/14, except that the following portions of said 315/14 shall nevertheless apply: subsections (h), (i), (k) and (m).
ART ICLE 29 BABY FURLOUGH DAYS
Section 29.1 Number of Baby Furlough Days
Sergeants shall receive four (4) Baby Furlough Days (BFDs) [eight (8), eight and one-half (8.5), or ten (10) hours for each BFD] for each calendar year, consistent with the Sergeant's applicable work schedule.
Section 29.2 Carryover of Baby Furlough Days
A Sergeant's BFDs shall be granted pursuant to and in accordance with the provisions of this Agreement and with the Department's policy of granting elective time off, except, if a Sergeant elects not to use or is denied use of all his/her BFDs in a calendar year, the Sergeant may, at the Sergeant's option, carry over up to four (4) BFDs for use as clays off in the next year.
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Section 29.3 Compensation for Unused Baby Furlough Days
Any BFD not used in a calendar year shall be paid at eight (8) hours per day to the eligible Sergeant in the following calendar year, except as provided for in Section 29.2. Payment shall be based upon the salary schedule in effect at the time of payment. Payment shall be made by April 1 for BFDs not used in the preceding calendar year.
ARTICLE 29A FURLOUGHS
Section 29A.I Annual Furlough
Furlough shall be granted to Sergeants for each calendar year ofthis Agreement.
Section 29A.2 Furlough Days
Effective upon ratification of this Agreement, Sergeants working an eight (8) hour schedule shall receive twenty-five (25) working days of furlough. Sergeants working an eight-and-one-half hour (8.5) schedule shall receive twenty-four (24) working days of furlough. Sergeants working a ten (10) hour schedule shall receive twenty (20) working days of furlough.
Section 29A.3 Furlough Selection
Furlough shall be selected in accordance with this Agreement subject to operational needs, and approved individual furlough days may be taken by the requesting Sergeant at the discretion of the Department.
Section 29A.4 Furlough Extension
Consistent with operational needs and Department directives, furlough may be extended by the use of elective time at the request of a Sergeant with the approval of the Department.
Section 29A.5 Unused Furlough
Except as provided herein, all furlough time not taken in the calendar year shall be forfeited, unless the Sergeant was denied vacation by the Employer. If a Sergeant requests through written notice to the Employer before the first day of the twelfth police period to use remaining furlough days and is denied use of those days by the Employer, the Sergeant shall be allowed to be paid for up to five (5) unused days at the rate of pay in effect at the time of payment. Payment shall be made by April 1 for furlough days not used in the preceding calendar year.
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ARTICLE 30 LEAVES
Section 30.1 Personal Leave
Applications for personal leaves of absence shall be governed by the applicable provisions of the City of Chicago Personnel Rules, provided that Unit 156-Sergeants shall be promptly notified of all personal leaves of absence and extensions thereof taken by Sergeants covered by this Agreement, and provided that no benefit regarding personal leaves of absence now enjoyed shall be diminished, modified or eliminated, unless otherwise provided for in this Agreement.
Section 30.2 Military Leave
Any Sergeant who is a member of a reserve force or a national guard of the United States or of the State of Illinois and who is ordered by appropriate authorities to attend a training program or to perform other duties under the supervision of the United States or the State of Illinois shall be granted a paid leave of absence during the period of such activity not to exceed fourteen (14) calendar days in any calendar year in the case of a member of a reserve force and not to exceed fifteen (15) calendar days in the case of a national guard. Sergeants hired after January 1, 1997 shall deposit their military pay with the City Comptroller for all days compensated by the Employer.
Sergeants who are deployed for military service in excess of fifteen (I 5) calendar days in a combat zone (as designated pursuant to the Executive Orders of the President of the United States) shall not be required to reimburse the Employer the amount of military pay they receive. The Employer will continue to make its pension contributions for such Sergeants.
Section 30.3 Family and Medical Leave Act
A. Sergeants who have worked 1250 hours'in the preceding twelve- (12-) month
period shall thereafter be entitled to a Family and Medical Leave Act ("FMLA") leave of twelve
(12) work weeks during any twelve (12) months for the following reasons:
For the birth of a Sergeant's child and to care for the newborn child;
For the placement with the Sergeant of a child for adoption or foster care;
To care for the Sergeant's spouse, child or parent with a serious health condition; or
Due to a serious health condition affecting the Sergeant.
B, Such leave shall be without pay, unless the Sergeant elects to use accrued paid
leave for which the Sergeant is eligible. Paid leave shall be concurrent with, and not in addition
to, FMLA leave. During any leave taken under this Article, the Sergeant's health care coverage
shall be maintained as if the Sergeant were working.
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Seniority shall accrue during FMLA leave; the Employer shall continue to make its contribution, and the Sergeant shall continue to make his/her health care contributions.
Any Sergeant desiring to take leave under this Section shall provide reasonable advance notice to the Employer on a form provided by the Employer, which form shall be approved by Unit 156-Sergeants. Reasonable advance notice shall not be less than ten (10) days; where advance notice cannot be made, the Sergeant shall provide notice within forty-eight (48) hours after the Sergeant is able to do so. Failure to provide the notice provided for in this Section shall not affect the validity of the leave if the Employer had actual notice. Sergeants shall have the right to return to their regular assignments and locations.
Except as specifically provided in this Agreement, the provisions of the FMLA, including the rules and regulations and the policies and procedures of the Employer in effect as ofthe date of this Agreement for FMLA leave, shall be applicable to FMLA leave.
ARTICLE 31 UNIT BENEFITS
Section 31.1 Information Exchange
The Department will provide Unit 156-Sergeants with a copy of all General Orders, Department Special Orders, Department Notices, Bureau of Operational Services Special Orders and Patrol Division Special Orders and all facsimile messages relating to or amending the aforementioned.
The Department's daily compendium of news clippings and press releases prepared by News Affairs will be made available to Unit 156-Sergeants through the inter-Department mail service.
The Department will provide Unit 156-Sergeants with a copy of a quarterly listing of Unit 156-Sergeants indicating the name and current star number, Unit of assignment, Unit of detail, payroll code, seniority and continuous service dates, home address, zip code and telephone number of each listed Sergeant.
The Department will provide Unit 156-Sergeants with a copy of a monthly listing of Sergeants in Alpha and Unit Sequence.
The Department will provide Unit 156-Sergeants with a copy of all Series A and Series B Personnel Orders.
The Department will provide Unit 156-Sergeants with a copy of the Sworn Separation Report.
The Department will provide Unit 156-Sergeants with copies of staffing requests for new Department directives.
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Section 31.2 Registration of Firearms
The Employer agrees not to charge or otherwise assess active Sergeants any registration fees for firearms which are duty-related. While the Sergeant is on active duty, the Employer further agrees that such firearms need only be registered once.
Section 31.3 Lockers
The Employer will provide each Sergeant with a Department locker at his/her Unit of assignment or primary work location, subject to the rules and regulations ofthe Department with respect to such use. Sergeants shall have a priority in locker assignments over subordinate ranks. This Section may not be grieved beyond Step Two.
Section 31.4 Maintenance of Benefits
The Employer agrees that the following benefits enjoyed by Sergeants covered by this Agreement will be maintained for the duration of the Agreement and shall nol be diminished, modified or eliminated during the term of the Agreement, unless otherwise provided for in this Agreement:
Rank credit;
Quarterly differential;
Educational benefits;
Sickness in family time;
Change of uniforms at District;
Use of Department mailboxes where provided;
Use of gymnasium, facilities during off-duty hours;
Physical examinations;
I. Furloughs and compensatory (baby) furloughs;
J. Marriage leave;
K Utilization of compensatory time earned in partial tour or full tour segments
consistent with operational needs;
L. Life insurance rates, including the cost of optional insurance, and optional disability insurance;
M. One-half hour lunch period during the tour of duty; and
N. Pension benefits as provided by statute.
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Any obligation of the Employer to indemnify Sergeants for punitive damages assessed, adjudged or otherwise levied shall be based upon City of Chicago ordinances, and/or state statutes providing for such indemnification.
Section 31.5 Unit Benefits
Any increases and/or enhancements during the tenn of this Agreement relating to any of the following economic matters agreed to with Lodge 7 shall be applicable to Sergeants covered by this Agreement:
Holidays
Holidays
Compensation
Personal Day
Special Compensation Time
Holiday Declaration
Bereavement Leave
Death in Family
Definition of Family
Extended Bereavement
Hours and Overtime
Work Week/Work Period
Compensation for Overtime
Sixth and Seventh Day
Call Back/Reporting on Regular Day Off
Court Time
Stand-By
Day Off Changes
Accumulation of Compensatory Time
Back-to-Back Shifts
Duly Availability
Uniform Allowance
Indemnification
Educational Reimbursement
Life Insurance
Optical Coverage
10267X7.2
Medical Provisions
.1. Disability Income and Practices J. Wages
Wages
Work Out of Grade
Payment of Wages
Payment of Time
K. Baby Furlough Days and Furlough Days
Number of BFDs
Carryover of BFDs
Compensation for Unused BFDs
Furlough Days
L. Personal Leaves
Military Leaves
Family and Medical Leave Act
M. Maintenance of Benefits
ARTICLE 32 WATCH/DFSTRICT/UN1T SELECTION
Section 32.1 Bidding Procedure for District/Unit Vacancies
Qualifications and Vacancies
A recognized vacancy exists when a Sergeant holding a District/Unit bid position is transferred, detailed out of the District or Unit for more than ninety (90) days, on leave of absence for more than thirty (30) days, resigns, retires, dies, is promoted oris discharged.
An eligible bidder shall be a full duty Sergeant who is able to perform in the bid position to the satisfaction of the Employer after orientation and without further training. The Employer shall select the most senior qualified bidder when the qualifications ofthe Sergeants involved are equal. In determining qualifications, the Employer shall not be arbitrary or capricious, but shall consider training, education, experience, skills, ability, demeanor and performance.
Procedures for Filling Vacant District Bid Assignments
The Employer shall post a list of District bid vacancies, if any, on the first Friday of the second, fifth, eighth and eleventh police periods. Vacancies will be posted on the C.L.E.A.R. Administrative Message Center on the above designated dates and on the Management and Labor Affairs Section website. A Sergeant may bid on up to three (3) recognized vacancies in
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order of preference on a Personnel Action Request (PAR) form to be supplied by the Employer. One (1) copy of the bid shall be presented to the Employer, one (1) copy shall be forwarded to Unit 156-Sergeants, and one (1) copy shall be retained by the Sergeant who submitted the bid. The bid submission must be received in the office of iManagement and Labor Affairs Section within ninety-six (96) hours ofthe official posting time. The Sergeant with the most time in rank submitting a bid shall be awarded the recognized vacancy.
The Employer shall respond to the successful bidder no later than three (3) days prior to the change day for the new twenty-eight (28) day period. A successful bidder may not bid for another District vacancy for one (1) year.
C. Procedures for Filling Vacant Unit Bid Assignments for Designated Units
Vacancies in the following Unit assignments shall be filled by bid based upon time in
rank:
Three (3) Sergeant Unit assignments in Airport Law Enforcement South;
Three (3) Sergeant Unit assignments in Airport Law Enforcement North;
Four (4) Sergeant Unit assignments in the Public Transportation Section;
Three (3) Sergeant Unit assignments in the Traffic Enforcement Section; and
Three (3) Sergeant Unit assignments in the Central Detection Section.
The Employer shall post a list of Sergeant Unit bid vacancies, if any, on the first Friday of the second, fifth, eighth and eleventh police periods. Vacancies will be posted on the C.L.E.A.R. Administrative Message Center on the above designated dates and on the Management and Labor Affairs Section website. A Sergeant may bid on up to three (3) recognized vacancies in order of preference in writing on a Personnel Action Request (PAR) form to be supplied by the Employer. One (1) copy of the bid shall be presented to the Employer, one (T) copy shall be forwarded to Unit 156-Sergeants, and one (1) copy shall be retained by the Sergeant who submitted the bid. The bid submission must be received in the office of Management and Labor Affairs Section within ninety-six (96) hours ofthe official posting time. The Sergeant with the most time in rank submitting a bid shall be awarded the recognized vacancy.
The Employer shall respond to the successful bidder no later than three (3) days prior to the change day for the new twenty-eight (28) day period. A successful bidder may not bid for another Unit vacancy for one (.1) year.
When no qualified bidders exist and the Employer elects to fill the vacancy, the Employer may promote, provided an eligibility list exists, or fill the vacancy by reverse seniority.
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Section 32.2 Watch Selection for District Law Enforcement
Tactical, Gang Tactical, Foot, Business Liaison Sergeants and Sergeants in the Community Policing Office shall be assigned at the Employer's discretion.
All other Sergeants assigned to District Law Enforcement shall be eligible to participate in the following process:
In November of each year, the Employer shall post the number of Sergeant watch positions to be assigned to each watch in each District. Of the positions assigned to each watch, five (5) watch assignments shall be eligible for bidding based on time in rank. In November of each year, a Sergeant may submit to his/her District Commander a watch preference bid.
Sergeants who submit watch preference bids shall be assigned to the five (5) watch assignments on each watch based on time in rank.
All other watch assignments shall be filled at the Employer's discretion.
Within ten (10) days of the completion ofthe watch selection process, the Employer shall provide Unit 156-Sergeants with a list of the Sergeants assigned to each watch and a list ofthe successful bidders by watch.
Section 32.3 Watch Selection for Units Designated in 32.1C
Unit Watch Assignments Eligible for Bidding
All Sergeants assigned to the Units identified in subsection 32.1C shall be eligible to participate in the following process:
In November of each year, the Employer shall post the number of Sergeant watch positions to be assigned to each watch in each Unit. Of the positions assigned to each watch, one (1) watch assignment shall be eligible for bidding based on time in rank. A Sergeant may submit to his/her Unit Commander a watch preference bid.
Sergeants who submit watch preference bids shall be assigned to the three (3) watch assignments based on time in rank.
All other watch assignments shall be filled al the Employer's discretion.
Within ten (10) days of the completion ofthe watch selection process, the Employer shall provide Unit 156-Sergeants with a list of the Sergeants assigned lo each watch and a list ofthe successful bidders by watch.
All Other Unit Assignments
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All Unit assignments, other than those identified in subsection 32.1C, shall be filled at the Employer's discretion. A Sergeant may, however, submit a Personnel Action Request (PAR) form to a Unit Commander requesting assignment to the respective Unit and describing his/her qualifications. The Unit Commander will consider the Sergeant's request if a position becomes available in such Unit, but is under no obligation to select the Sergeant to fill the position. The Employer will advise Unit 156-Sergeants of the Sergeants who,have been selected to fill the position under this subsection.
Section 32.4 Changes in Watch, District or Unit Assignment
Watch and District or Unit selections by a successful bidder shall not be changed without the consent of the Sergeant, except (a) in the event of an emergency for the duration of such emergency; (b) for Sergeants identified as Personnel Concerns or for placement in a management-intervention system; (c) for Sergeants in limited duty status for the duration of such status; (d) for Sergeants who have been relieved of their police powers; (e) for just cause; or (f) when the Superintendent determines that the Sergeant's continued assignment would interfere with the Sergeant's effectiveness in such assignment.
Section 32.5 Alternative Work Schedules
During the term of this Agreement, if the Employer implements a new work schedule, the positions that are eligible for bidding under this Article shall not be changed, unless such positions are incompatible with the new work schedule. If such positions are incompatible with the new work schedule, the Employer shall notify Unit 156-Sergeants of such incompatibility prior to implementing the new work schedule and shall meet with Unit 156-Sergeants upon request to negotiate how the conflict may be resolved. Any negotiations between the parties pursuant to this Section shall not prevent the Employer from implementing the new work schedule.
Section 32.6 Dispute Resolution
In the event the parties are unable to resolve disputes regarding the terms ofthis Article, then cither party may invoke expedited arbitration in accordance with the procedure established in this Section. The parties shall mutually select an Arbitrator from among three (3) Arbitrators whose names shall be agreed upon by representatives ofthe Employer and Unit 156-Sergeants. If the parties cannot mutually agree on an Arbitrator, the Arbitrator selected shall be the one who will provide the parties with the earliest available hearing date for an expedited arbitration hearing. Recognizing that the parties have agreed to the steady watch and bid concept and the selection process for bid assignments, the jurisdiction of the Arbitrator is for the purpose of addressing problems that may arise which unreasonably interfere with the effective performance of the Department's mission. The arbitration hearing shall commence within thirty (30) days of the demand for expedited arbitration, unless the parties otherwise agree. The Arbitrator shall render a decision within seventy-two (72) hours of the close of the hearing or such other time upon which the parties mutually agree.
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Section 32.7 Reopener
This applies to three provisions: I) the Memorandum of Understanding Regarding District Bid Procedures at page 84 of the Agreement (applicable to number of District bid positions (currently 12) pursuant to Section 32.I.B); ii) Section 32.2.B.1, applicable to the number of watch bid assignments on each watch in each District (currently 5); and (iii) Unit Bids, pursuant to 32.1.C.
The parties agree that the Consent Decree contemplates the assignment of an increased number of Sergeants to District Law Enforcement, but that the final number is not yet known. The parties further agree that a significant increase in the number of assigned Sergeants may justify revisions ot the number of District bid positions and watch bid assignments, but cannot at this point agree on any revisions.
The Union during the term of this Agreement may tender a written demand to bargain over the issue of whether the number of District bid positions, watch assignments and/or Unit bid positions should be increased from the current numbers. The District shall respond to the demand within thirty (30) days.
The parties shall negotiate for 90 days after the demand to bargain with respect to the appropriate number of District bid positions, watch bid assignments and/or Unit bid positions. If after 90 days they cannot reach agreement, they shall submit the dispute to binding arbitration. The Arbitrator shall be selected pursuant to the provisions of Article 9. The Arbitrator shall determine The appropriate number of District Bid positions, District watch assignments, and/or Unit bid positions.
The Arbitrator's decision shall be final and binding on theparties.
ARTICLE 33 C OMPLETE A G R EE MEN T
The parties acknowledge that, during the negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining. The understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Except as may be stated in this Agreement, each party voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated and signed this Agreement.
ARTICLE 34 SAVINGS CLAUSE
If any provisions of this Agreement or any application thereof should be rendered or declared unlawful, invalid or unenforceable by virtue of any judicial action, or by any existing or subsequently enacted federal or state legislation or by Executive Order or the order ol'any other
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competent authority, the remaining provisions of this Agreement shai I remain in full force and effect. In such event, upon the request of either party, the parties shall meet promptly and negotiate with respect to substitute provisions for those provisions rendered or declared unlawful, invalid or unenforceable.
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Tn witness whereof, the parties hereto affix their signatures this day of
2020.
For the City of Chicago, an For the Policemen's Benevolent &
Illinois Municipal Corporation , Protective Association of Illinois,
Unit 156-Sergeants
Lori Lightfoot James Ade
Mayor President
David Brown Superintendent of Police
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APPENDIX A SERGEANTS
CONFIDENTIAL POSITIONS:
Within the Management and Labor Affairs Section, three (3) Sergeant positions.
Within the Superintendent's Office of Legal Affairs, one (1) Sergeant position.
Within the Office of the Superintendent, one (1) Sergeant position.
Within the Executive Staff of the Deputy Superintendents in charge of the following bureaus: the Bureau of Operational Services, five (5) Sergeant positions; the Bureau of Investigative Services, one (1) Sergeant position; the Bureau of Technical Services, three (3) Sergeant positions; the Bureau of Staff Services, one (1) Sergeant position; and the Bureau of Administrative Services, one (1) Sergeant position.
Within the Internal Affairs Division, one (1) Sergeant position as the Administrative Sergeant for the Assistant Deputy Superintendent and three (3) Sergeant positions within the Department Advocate Section.
MANAGERIAL POSITIONS:
One (1) Sergeant position in the Random Drug Testing Unit.
Three (3) Sergeant positions within the Office of the Chief of Detectives Administration Unit.
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APPENDIX B NOTICE TO SUPERVISORS REGARDING PROGRESSIVE DISCIPLINE
Supervisors, including Commanders, retain the flexibility, authority and discretion where circumstances warrant to issue reprimands to offending officers for infractions. Second or even repeated infractions of minor rules may, but do not always, require increased punishment (particularly including a loss of time or income) when a reprimand will suffice to achieve the goal of correcting improper behavior.
There is some belief that a progressive system of discipline requires enhanced penalties no matter how insignificant the infraction. This is not correct.
You are permitted and urged to use your judgment in determining the appropriate level of discipline. Officers in this Department are a valuable resource which should not be wasted or unduly restricted.
David Brown Superintendent of Police Chicago Police Department
Acknowledged:
President
Unit 156-Sergeants Date:
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APPENDIX C EXPEDITED ARBITRATION RULES
All just cause discipline cases brought under Article 8 of the Agreement which challenge disciplinary action involving a thirty- (30-) day suspension or less and/or grievances alleging violations of the seniority provisions in Article 20 or 23 or any other mutually agreed upon Article will be heard under this expedited procedure, unless designated by either party for a hearing under the full arbitration hearing procedure.
Whenever discipline cases are processed pursuant to these Expedited Arbitration Rules, the parties shall initially submit the cases to a Summary Opinion Process, and the Arbitrator designated by the parties for the process shall issue a Summary Opinion for each case submitted. The Summary Opinion shall not be binding on the Department, Unit 156-Sergeants or the Sergeants involved.
Cases subject to the expedited procedure will be heard in as close to chronological order as possible, according to the date filed. Exceptions will be made only in order to facilitate the use of non-employee witnesses.
Cases currently scheduled for arbitration may be subject to this expedited procedure, subject to agreement of theparties.
Five (5) or six (6) Arbitrators constituting an expedited panel will be selected from the existing panel. The expedited panel will be reviewed every six (6) months, at which time substitutions may be made. In making substitutions, an Arbitrator may be removed at the request of either party, but any substitute must be agreed upon.
In scheduling hearings, the Arbitrator on the panel will be required to schedule a block of two (2) or three (3) consecutive hearing days. The parties will attempt to rotate the scheduling equitably among all Arbitrators on the expedited panel, subject to their availability.
The parties will attempt lo schedule at least two (2) hearings per day before the Arbitrator. Any case not completed at the end ofthe particular block of hearing days will be the first case heard by the same Arbitrator on his/her next scheduled date.
Arbitrators will receive all grievance documents and relevant documents from the Complaint Register file at least one (1) week prior to the hearing at the discretion of the Arbitrator.
Arbitrators will be permitted to issue subpoenas in accordance with applicable law. Subpoenas shall not be used for purposes of delay.
The expenses of witnesses for either side shall be paid by the party producing such witnesses.
Hearings will be scheduled alternately at Employer and Unit 156-Sergeants designated locations.
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1 1. Each party will represent itself al the hearing and may designate any representative who is not an attorney.
The hearings shall be informal. The Arbitrator shall assist the parties in ensuring that there is a complete record.
The Arbitrator may require witnesses to testify under oath.
There shall be no stenographic record of the proceedings.
The rules of evidence normally followed in arbitration proceedings shall apply. The Arbitrator shall be the sole judge of the relevance and materiality of the evidence offered.
The parties will not file post-hearing briefs. The parties may argue orally on the record and may present relevant authorities to the Arbitrator at the hearing, except that any decisions rendered in the expedited proceedings under these rules may not be cited to the Arbitrator.
The Arbitrator will issue a short written decision no later than sixty (60) days after the completion of the last day of any scheduled block of hearings. His/her decision shall be based upon the record developed by the parties before and at the hearing, shall include a brief written explanation of the basis for his/her conclusion and shall include reference to the evidence considered and the role that evidence played in reaching his/her decision.
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APPENDIX D DENTAL PLAN
The Employer shall make dental coverage available to Sergeants covered under this Agreement and their eligible dependents. The cost of this coverage will be borne by the Employer, subject to applicable Sergeant co-insurance, deductibles and co-payments. Sergeants will have the option to choose between the Indemnity Plan or the PPO Plan. Under the Indemnity Plan, a participant can use the dentist of his/her choice for services. The PPO Plan requires a member to select a participating network dentist. All family members must use the same PPO dentist for their dental services. Orthodontia is available only in the PPO Plan. A list of current PPO dentists is available at the Benefits Management Office.
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APPENDIX E NETWORK CHANGES
No change, modification or alteration in the composition ofthe hospital network in effect at the time this Agreement is executed shall be made, except in compliance with the following:
Unit 156-Sergeants shall be notified in writing of the intent to change at least ninety (90) days prior to the proposed change where circumstances arc within the Employer's control. In all other cases, the Employer will provide the maximum notice as is practicable under the circumstances.
The notice referred to shall, at the time the notice is given, provide sufficient infonnation to explain the contemplated action and shall include, at a minimum, but shall not be limited to, the following:
a. The affected institutions.
The precise reasons the action is being contemplated.
The number of covered participants (employees and/or dependents) receiving in-patient service from such affected facility at the time the notice is given.
The number of covered participants (employees and/or dependents) receiving in-patient service from such affected facility during the preceding twelve (12) months.
3. The Employer shall meet within seven (7) calendar days of a request from Unit 156-Sergeants to discuss the proposed change, shall provide all additional relevant information which is reasonably available and shall be responsible for such notices to participants as may be reasonably demanded by Unit 156-Sergeants. In the event the parties are unable to resolve a dispute within seven (7) calendar days of the first meeting or such other time as may be mutually agreed upon, the dispute shall be submitted to arbitration pursuant to Section 9A.2, Step Three, within ten (10) days, and both parlies shall cooperate lo expedite the proceedings.
No change, modification or alteration covered by this Appendix shall be made or permitted for arbitrary or discriminatory reasons nor shall any change, modification or alteration result in the unavailability of quality health care services in a specific geographic area.
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APPENDIX F IN-NETWORK/OIJT-OF-NETWORK CARE
In-nctwork co-insurance benefits shall be paid to eligible participants for the following out-of-network care or services:
Emergencies defined as the sudden and unexpected onset of a medical condition with such severe symptoms that the absence of immediate medical attention could result in serious and permanent medical consequences.
Care ordered by a physician which, after review by the utilization review vendor, is as follows:
Medically necessaiy; and
Only available at an out-of-network hospital, or the proposed treatment is performed so infrequently in the network that direction to an out-of-network hospital is medically appropriate; or
Available at a network hospital to which the patient cannot be safely transported (only until such time as the patient can be safely transferred to the network facility, arrangements for which should be initiated once the treatment plan has begun), provided the cost of the transfer shall be paid by the plan; or
Care rendered beyond a fifty- (50-) mile radius (from any network hospital) where a participant is domiciled or stationed.
This information is also contained in the Employee Benefit Handbook.
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APPENDIX G
HEALTH CARE CONTRIBUTIONS FOR ACTIVE SERGEANTS
Active Sergeants covered by this Agreement will contribute the following percentages of their base salaries from the appropriate salary schedule in Appendix N towards the cost of their health care:
Single Coverage: 2.7921%
Employee +1: 3.4854%
Family Coverage: 3.9765%
For example, contributions at selected salary levels per pay period will be as follows:
SINGLE EMPLOYEE +1 FAMILY
ANNUAL SALARY 2.7921% 3.4854% 3.9765%
$15,000.00 $16.11 $20.11 $22.94
$20,000.00 $21.48 $26.81 $30.59
$30,000.00 $32.22 $40.22 $45.88
$40,000.00 $42.96 $53.62 $61.18
$50,000.00 $53.69 $67.03 $76.47
$60,000.00 $64.43 $80.43 $91.77
$70,000.00 $75.17 $93.84 $107.06
$80,000.00 $85.91 $107.24 $122.35
$90,000.00+ $96.65 $120.65 $137.65
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APPENDIX H PRESCRIPTION DRUGS
The following are the co-payments for the lesser of a thirty- (30-) day supply or one hundred (TOO) units ofthe following prescription drugs:
TYPE Generic Tier 1 Formulary Tier 2 Non-Formulary Tier 3 Brand with Generic Equivalent
Co-Payment $10.00 $30.00 $45.00
Generic Co-Payment Plus Cost Difference Between Brand and Generic
Co-payments for prescriptions obtained through the mail order plan for all health care plans arc as follows:
Generic Tier 1: $20.00 [per prescription with a ninety- (90-) day supply]
Brand Formulary Tier 2: $60.00
Brand Non-Formulary Tier 3: Not Available
Brand with Generic Equivalent: Generic Co-Payment Plus Cost Difference Between Brand and Generic
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APPENDIX I
CHEMICAL DEPENDENCY AND MENTAL HEALTH CO-INSURANCE AND LIMITS
Courses of treatment for in-patient chemical dependency and mental health shall include the continuum of care used to treat a particular diagnosis. A new course of treatment will be considered when there is a thirty- (30-) day or longer period of time with no treatment or clinical supervision provided.
PPO In-Patient Care Co-Insurance: Employer Employee
In-Net work 90% 10%
Out-of-Network 60% 40%>
PPO Out-Patient Care:
80% of $100.00 Maximum Covered Expenses Per Session Limit of 7 Sessions Covered If Treatment Is Not Certified Maximum Covered Expenses Per Year: $5000.00
HMO Co-Payments for Mental Health or Substance Abuse Care:
Effective January 1, 2006: $15.00 Co-Payment
Effective January 1, 2007: $20.00 Co-Payment HMO Service Limitations: '
In-Patient Care: Maximum of 30 Days Per Year
Out-Patient Care: Maximum of 30 Visits Per Year
It is understood that the first in-network treatment remains subject to the out-of-pocket maximum. All chemical dependency and mental health treatment, including out-patient, may be subject to utilization review and is subject to the following maximums: $37,500.00 annual ind'ividual/$25(),000.00 individual lifetime/$500,000.00 family. The maximum lifetime benefit provisions ofthe plan still shall apply.
All chemical dependency and mental health treatment is subject to review by the utilization review vendor. Additionally, to be considered under the chemical dependency and mental health benefit structure, a claim for benefits must include a primary DSM-III-R (Diagnostic and Statistical Manual of Mental Disorders-Third Edition-Revised) diagnosis (or a diagnosis under a subsequent revision).
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APPENDIX J
HIGH RISK PREGNANCY SCREENING PROGRAM
In order to reduce the risk of a premature birth and the attendant health risks to the mother and child and to avoid the costs associated with the same, the Employer offers a high risk pregnancy screening program. The program is part ofthe medical advisor program.
Under the program, a pregnant employee, spouse or dependent is encouraged to notify the medical advisor during the first trimester of pregnancy. During the telephone interview, the nurse reviewers will collect information on the health status of the prospective mother and her medical history and conduct a health risk assessment to determine if she meets the criteria for a high risk pregnancy.
If the prospective mother does not meet the criteria, the medical advisor will offer educational materials on pregnancy and advise her that a medical advisor will be following up with a call in her second trimester of pregnancy. Further, the medical advisor will advise her that a medical advisor is available if she has any questions about her pregnancy. Subsequent follow-up will depend on the course of the pregnancy. As delivery approaches, the medical advisor will advise her about expected lengths of stay postpartum.
If the prospective mother meets the criteria for a high risk pregnancy, the medical advisor will contact her physician to discuss the risk factors and identify what steps, if any, are appropriate to reduce the risk of early delivery. A designee of the medical advisor will follow the case as appropriate. If home health or other services available under the plan arc necessary, the medical advisor will approve the care plan and negotiate discounts for approved services. A designee of the medical advisor will be available as a resource to both the prospective mother and her physician.
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APPENDIX K
PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS
A Sergeant who has been certified as injured on duty shall be provided the current Medical Services Section referral list of available physicians who are members in good standing of the Workers' Choice Network or its successor and who are qualified to render appropriate medical care for the injury claimed in accordance with the parties' letter of understanding captioned "Medical Services Section Physician Referral List." The Sergeant will select a physician from the list provided by the Medical Services Section for evaluation and/or treatment. The Medical Services Section will refer the Sergeant to the physician selected by the Sergeant.
A Sergeant may only claim a recurrence of a certified injury on duty if that injury on duty occurred less than ten (10) years from the date of the recurrence claim, unless the Sergeant's injury on duty required surgery or medical treatment beyond any initial emergency room treatment for the injury on duty. A Sergeant who is able to claim a recurrence of an injury on duty under Appendix K will have his/her claim evaluated by the Medical Services Section. If the Medical Services Section finds the condition complained of is not a recurrence of an injury on duty, the Medical Services Section will provide the Sergeant with the current Medical Services Section referral list described above. The Sergeant will select a physician from the list provided by the Medical Services Section. The Medical Services Section will refer the Sergeant to the physician selected by the Sergeant for a relatedness opinion.
Should the Sergeant or the Medical Services Section not agree with the medical finding of the referral physician, either party may seek another opinion. The Sergeant will select another physician from the current Medical Services Section referral list of physicians described above. The Medical Services Section will refer the Sergeant to the physician selected by the Sergeant. Should that physician's opinion agree with the finding of the first referral physician, it will be binding on both the Sergeant and the Employer. Should that medical opinion disagree with the first opinion, the parties may accept the second opinion or seek a third opinion. The process for obtaining a third opinion shall follow the same procedure for the selection ofthe second opinion. The finding of the third physician agreeing with either of the previous opinions shall be binding on both the Sergeant and the Employer.
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102A7S7.2
APPENDIX L
SUBROGATION LANGUAGE FOR CITY OF CHICAGO
In the event the plan (the "Plan") provides benefits for injury, illness, medical care or other loss (the "Injury") to any person, the Plan is subrogated to all present and future rights of recovery that person, his/her parents, heirs, guardians, executors or other representatives (individually and collectively called the "Participant") may have arising out ofthe Injury. The Plan's subrogation rights include, without limitation, all rights of recovery a Participant has (1) against any person, insurance company or other entity that is in any way responsible for providing or does provide damages, compensation, indemnification or benefits for the Injury; (2) under any law or policy of insurance or accident benefit plan providing No Fault, Personal Injury Protection or financial responsibility insurance; (3) under uninsured or underinsured motorist insurance; (4) under motor vehicle medical reimbursement insurance; and (5) under specific risk or group accident and health coverage or insurance, including, without limitation, premises or homeowners medical reimbursement, athletic team, school or worker's compensation coverages or insurance.
Upon notice of an Injury claim, the Plan may assert a subrogation lien to the extent it has provided, or may be required to provide, Injury-related benefits. Notice of either the Plan's right of subrogation or the Plan's subrogation lien is sufficient to establish the Plan's rights of subrogation and entitlement to reimbursement from insurers, third parties or other persons or entities against which a Participant may have an Injury-related right of recovery. The Plan shall be entitled to intervene in or institute legal action when necessary to protect its subrogation or reimbursement rights.
The Participant and anyone acting on his/her behalf shall promptly provide the Plan or its authorized agents with infonnation it deems appropriate to protect its right of subrogation and shall do nothing to prejudice that right and shall cooperate fully with the Plan in the enforcement of its subrogation rights. Reasonable attorney's fees and costs of the Participant's attorney shall be paid first from any recovery by or on behalf of a Participant and the amount ofthe Plan's subrogation claim shall be paid next from such recovery. Neither a Participant nor his/her attorney or other representative is authorized to accept subrogation or other Injury-related reimbursement payments on behalf of the Plan, to negotiate or compromise the Plan's subrogation claim or to release any right of recovery prior to the payment of the Plan's subrogation claim.
The Participant and all other parties to a recovery are required to contact the Plan to detennine and arrange to pay the Plan's subrogation claim at or prior to the time an Injury-related payment or settlement is made to or for the benefit ofthe Participant. If the Participant obtains a payment or settlement from a party without the Plan's knowledge and agreement, the Plan shall be entitled to immediate reimbursement of its total subrogation claim from the Participant or any party providing any Injury-related payment. In the alternative, the Plan, in its sole discretion, may deny payment of benefits to or on behalf of the Participant for any otherwise covered claim incurred by the Participant until the amount ofthe unpaid coverage is equal lo and offset by the unrecovered amount ofthe Plan's subrogation claim.
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10267X7.2
.'Hie Plan Administrator or its authorized agents are vested with full and final discretionary authority to construe subrogation and other Plan terms and to reduce or compromise the amount of the Plan's recoverable interest where, in the sole discretion of the Plan Administrator or its authorized agents, circumstances warrant such action. The Plan shall not be responsible for any litigation-related expenses or attorney fees incurred by or on behalf of a Participant in connection with an Injury claim, unless the Plan shall have specifically agreed, in writing, to pay such expenses or fees.
The payment of benefits to or on behalf of the Participant is contingent on both the Participant's full compliance with the Plan's provisions, including the subrogation provision, and when the Plan deems appropriate, the Participant's signing of a reimbursement agreement. However, the Participant's failure to sign this reimbursement agreement will not affect the Plan's subrogation rights or its right to assert a lien against any source of possible recovery and to collect the amount of its subrogation claim.
77
III267S7.2
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Appendix O
Within seven calendar days of an investigative agency head signing an affidavit as to an anonymous complaint pursuant to Article 6, Section 6.10, said agency head shall notify the Unit designated representative of the member to which the member belongs that such an affidavit has been signed and by whom and in doing so shall indicate the specifics upon which the affidavit was based, including arrest and case reports, medical reports, statements of witnesses, video or audio tapes and photographs, among other evidence, that were considered and the opportunity lo view said specifics within said seven calendar days. Within seven calendar days after receipt of said notice and material, the Union may by a grievance challenge the signing of the affidavit on the grounds that it was not signed in good faith, based upon objective evidence, namely, arrest and case reports, medical reports, statements of witnesses, video or audio tapes and photographs and other similar evidence. If a grievance is filed within said seven calendar days, then the parties shall select an arbitrator from a list of four arbitrators that theparties have mutually agreed to who can hear said grievances within 14 days from the date the grievance was filed. The selection ofthe arbitrators shall be by rotation, beginning alphabetical, and will depend on the availability ofthe arbitrator, wilh the final selection being whether the arbitrator is available within said 14 days. T he hearing shall be held within said 14 days. There will be no pre-hearing or post-hearing briefs.
The arbitrator will issue a bench decision based on whether there was a good faith effort to secure the affidavit and was based on objective evidence ofthe type outlined above. The arbitrator's decision shall be final and binding on the parties. If the arbitrator concludes that the override affidavit was not made in good faith and based on objective evidence, the investigation will cease and no CR will be issued. If the arbitrator concludes that the override affidavit was signed in good faith, the CR may issue and the investigation may continue. If a grievance is not filed within the designated seven calendar days, a CR will issue and the investigation continued. Pursuant to Section 9.8 of the CBAs, the losing party shall be responsible for the arbitrator's fees and expenses. At any time, either party can elect to remove an arbitrator from the panel. In such case, the removed arbitrator, by mutual agreement will be replaced by the parties.
If the parties cannot agree on a list of four arbitrators or a replacement arbitrator, then they shall seek the services of the American Arbitration Association or the Federal Mediation and Conciliation Service to provide them with a list of arbitrators from which they can select their members. The failure to file a grievance within said 10 calendar days will mean that there is no jurisdiction to challenge the affidavit prior to the issuance of a CR number. This procedure only applies to override affidavits involving anonymous complaints.
APPENDIX X
The following procedures shall apply to arbitrations of'grievances challenging suspensions of thirty-one (3 1) to three hundred sixty-five (365) clays.
The Union and the Employer have agreed to a panel of five (5) Arbitrators who shall comprise the exclusive list of Arbitrators to preside over the suspension grievances. The five (5) Arbitrators are:
. Each Decemberthe Union and the City sha 11 each be permitted to strike one (1) Arbitrator from
the panel for any reason. In the event an Arbitrator is removed from the panel, the parties shall agree upon a replacement Arbitra tor(s). I f the parties are unable to agree upon a replacenicnt(s), they shall request a list of seven (7) Arbitrators from the Amencan Arbitration Association, each of whom must be a memberof the National Academy of Arbitrators. Within ten (I) days after receipt ofthe list, the parties shall select an Arbitrator(s). Both the Employer and the Union shall alternatively strike names from the list. The remaining person(s) shall be added to the panel.
Within ten (10) daysof the Union electing to forward the suspension grievance to arbitration, the parties sha II meet and select an Arbitrator from the panel. The parties shall contact the Arbitrator and request a hearing date within one hundred-twenty (1 20) days. If the Arbitrator is unable to provide a hearing dale within this time frame from the date of being contacted,theparties will select another Aibitrator from the panel who is able to provide a hearing date within one hundred-twenty (120) days. Upon appointment of the Arbitrator but prior to the date on which a cancellation fee would be incurred, and unless they have already done so, the parties shall schedule a date to conduct a settlement conference may be discussed at the settlement conference. If the parties are unable to resolve the suspension grievance, they shall proceed with the Arbitration Process outlined in this Appendix X.
Provided the Union accepts a hearing date within one hundred-twenty (120)daysofappoinlmentofthe Arbitrator, the Sergeant will not be required to serve the suspension until the Arbitrator rules on the merits of the grievance. In the event additionalday(s)of hearing may bercquircd to resolve the grievance, such additional da y(s) sha 11 be scheduled within thirty (30) daysof the first day of hearing. If the Union is not ready to proceed on a scheduled hearing date, the Sergeant shall be required to serve the suspension prior to the Arbitrator ruling on the merits of the grievance.
The authority and expenses ofthe Arbitrator shall be governed by the provisions of Sections 9.4 and 9.5 of the collective bargaining agreement.
MEMORANDUM OF UNDERSTANDING
S3
l02ci7X7.2
BETWEEN THE CITY OF CHICAGO AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS,
UNIT 156-SERGEANTS, REGARDING COMPLAINT REGISTER MATRIX
The Unions acknowledge that the Employer has developed a Complaint Register Matrix ("Matrix") and accompanying Complaint Register Matrix Guidelines ("Guidelines"). The Employer has advised the Unions that the purpose of the Matrix and the Guidelines is to ensure that disciplinary penalties arc fairly administered through consistent application and enforcement, reflect the gravity ofthe alleged misconduct, and promote a culture of public accountability, individual responsibility and professionalism while protecting the rights of employees.
The Employer acknowledges and agrees that the principals of just cause apply to review of disciplinary penalties and that an arbitrator presiding over a discipline grievance pursuant to Article 9 of the Agreement is to apply the principles of just cause in reviewing the penalty imposed. In an instance where the Arbitrator finds that principles of just cause require a penalty other than one provided for in the Matrix, the parties agree that the Arbitrator has the authority to depart from the Matrix and impose a different penalty. In such event the Arbitrator will provide a written explanation of why he or she awarded a penalty different from that contemplated by the Matrix.
It is understood that this language does not change the fact that the City bears the burden of proving that the accused committed the acts which are the basis for the charges/allegations as well as the burden of proving that the recommended suspension is of an appropriate duration under the circumstances presented.
M EMORANDUM OF UNDERSTANDS NC BETWEEN THE CITY OF CHICAGO
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I (>2f.7S7.2
AND THE
POLICEMEN'S BENEVOLENT & PROTECT IVE ASSOCIATION OF ILLINOIS,
UNIT 156-SERGEANTS, REGARDING DRUG A NTD ALCOHOL TESTING
A. The Department's existing policies and orders regarding random dnig testing shall be revised to include the following components:
1. Testing for the presence of alcohol while on duty.
Officers selected for random drug testing shall also be tested for alcohol.
Upon notification to submit to random testing, Officers shall continue to report to the Random Drug Testing Unit.
The Department may use urine specimens to test for the presence of both drugs specified in this agreement and alcohol. The Department may also test for alcohol using a breath alcohol test administered by a qualified tester using a certified and calibrated Breathalyzer.
The initial and confirmatory test levels for a positive presence of alcohol shall be a breath alcohol level of .021 or its urine concentration equivalent, unless a different standard is required by paragraph (e) below.
If the test reveals a breath alcohol level of .021 through .039 or their urine concentration equivalents, the Officer shall be relieved from duty without compensation until the next duty day and shall submit to dmg and alcohol testing prior to his/her return to duty. If the return-to-duty test reveals an alcohol level of .00, the Officer may return to duty and shall not be subject to discipline based on the initial test result; however, during the six- (6-) month period following the date of the initial test, the Officer will be selected for random cling and alcohol testing from an eligibility pool consisting of similarly situated Officers. If the return-to-duly test or any test administered within the six- (6-) month period described above reveals any presence of alcohol, the Officer shall be relieved from duty without compensation until ordered to return to duty, and the Random Drug Testing Unit will refer the matter to the Internal Affairs Division.
If the test reveals a breath alcohol level equal to or greater than .04 or its urine concentration equivalent, the Officer shall be relieved from duty without compensation until ordered to return to duty, and the Random Drug Testing Unit will refer the matter to the
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I 0267S7.2
Internal Affairs Division. In the event discipline is recommended, the Internal Affairs Division shall consider whether to agree to hold the discipline in abeyance in exchange for the Officer's agreement to participate in a rehabilitation program, remain drug and alcohol free for a defined period and comply with other appropriate terms and conditions (Le., a "last chance" agreement).
An Officer who is relieved from duty without compensation in accordance with this subsection may utilize accrued elective time during the unpaid period of absence.
f. The above changes shall be implemented effective January 1, 2011.
2. Bidders and/or applicants for assignments in the Narcotics Section, Gang Enforcement Section, Gang Investigation Section and Vice Control Section in the Organized Crime Division and the Intelligence Section in the CounterteiTorism and Intelligence Division shall be required to submit to a drug and alcohol test prior to appointment. Thereafter, all Officers assigned to these Units shall be selected for random drug and alcohol testing from an eligibility pool consisting solely of Officers assigned to such Units.
B. The procedures applicable to drug testing conducted by the Department, regardless of whether the basis for the testing is random, for cause or any other basis, shall be amended to include the following:
1. Ecstasy (MDA/MDMA) and steroids shall be added to the panel of substances for which the Department tests, and Mcthaqualone shall be
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1026787.2
removed from such panel. The current panel shall thus be modified as follows:
Substance
Anabolic Steroids Amphetamines
Barbiturates Benzodiazepines Cocaine Metabolites Marijuana Metabolites MDA/MDMA Methadone Opiates Phencyclidine Propoxyphene
Initial and confirmatory test levels will be consistent with the federal regulations promulgated by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration ("SAMHSA") for those substances covered by such regulations.
During the term of this Agreement, the Department may add or remove additional substances to the panel referred to above when it has reasonable grounds for such addition or removal (such as when new drugs are developed or changes occur in patterns of consumption of dangerous or illegal drugs), provided that it shall provide Unit 156-Sergeants with thirty (30) days' advance written notice and, upon request, meet with Unit 156-Sergeants to negotiate the addition or removal of a substance to or from the panel. If the parties are unable lo agree on the addition or removal of a substance from the panel, the dispute shall be resolved through the binding grievance arbitration procedure set forth in Article 9. The sole issue before the arbitrator shall be whether the Departrnent has a reasonable basis for adding or removing the substance to or from the panel and for the initial and confirmatory test levels.
If a test reveals a positive presence of a substance on the above panel or the abuse of prescription drugs, the Random Drug Testing Unit will continue to refer the matter to the Internal Affairs Division.
C. Effective upon ratification, in any instance where an Officer discharges his/her weapon, whether on or off duty, the Officer shall submit to drug and alcohol testing at the direction of the Internal Affairs Division orany superior authority. If the Officer has discharged his/her weapon off duty and the test reveals the presence of alcohol, the Department shall not
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discipline the Officer based solely on the results of the alcohol test when the Officer's actions are consistent with the Department's use of force guidelines.
The Department's existing policies and orders regarding drug and alcohol use shall be amended to state that an Officer is prohibited from consuming alcohol within the four-(4-) hour period preceding the start of a previously scheduled shift or after receiving notice to report for duty. Alleged violations of this rule cannot result in discipline unless a test conducted pursuant to the testing procedures is positive.
The Department will continue to conduct its dnig and alcohol testing program in accordance with the regulations promulgated by the Illinois State Police set forth in Title 20, Part 1286, ofthe Illinois Administrative Code.
James C. Franczek, Jr. Sean M. Smoot
On Behalf of the City of Chicago On Behalf of Unit 156-Sergeants
Dated: April 30,2010
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MEMORANDUM OF UNDERSTANDING REGARDING DISTRICT BID PROCEDURES
The parties to this Agreement recognize that the current method of filling vacancies in District Law Enforcement (DLE) did not operate in a manner which was satisfactory to Unit 156-Sergeants, its members or the Employer.
In order to remedy that situation, the parties have developed and put into place a new bidding process which will commence on the effective date of this Agreement.
There will be 12 District Bid positions in each of the Department's Districts. These positions will be filled by seniority bidding. These positions will be phased in on a quarterly schedule throughout 2014 and the first quarter of 2015.
Vacancies will be posted for bid four times a year (second, fifth, eighth, and eleventh period). The posting of District bid vacancies will be on the first Friday of each of these periods. Posting will be on the MLAS website and on the C.L.E.A.R. Administrative Message Center.
The most senior (time in rank) full duty bidder shall be the successful bidder. Sergeants currently holding District bid positions will not have to rebid for those positions. Sergeants assigned to a District who do not hold a District bid position may bid on any vacancy in that District. Sergeants in one District may bid for a vacancy in any other District.
The movement of Sergeants between Districts as a result of this bidding process may result in an imbalance of Sergeants in the various Districts. The Employer may correct this imbalance by using reverse seniority from among the Sergeants in that District not holding a District bid position. For example, after the District bidding process has been completed, if there is a surplus of Sergeants in one District and fewer Sergeants in another District, the selection of the Sergeant who is to be transferred shall be determined by reverse seniority from among the Sergeants in the District with the surplus who do not hold a District bid position.
Commander Donald .1. O'Neill James Ade
Management and Labor Affairs Section President Unit 156-Sergeants
Date:
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1(1267X7.2
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICAGO AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS,
UNIT 156-SERGEANTS, REGARDING RETIREE HEALTH CARE BENEFITS
The parties agree that the health care benefit provided to Sergeants who retire on or after age sixty (60) pursuant to Article 12 of the parties' collective bargaining agreement effective July 1, 2016 through June 30, 2022 (the Agreement) shall be extended to Sergeants who retire on or after age fifty-five (55), subject to the following terms and conditions:
A. Health Care Benefits Upon Retirement
Sergeants Who Retire on or After Age Sixty (60)
Sergeants who retire on or after age sixty (60) shall continue to receive the health care benefit set forth in Article 12 of the Agreement, but shall have their final compensation paid in accordance with Section (B). Effective for retirements occurring ninety (90) or more days after the date of ratification of this Agreement, officers who retire on or after age 60 and prior to age 63 and who elect to receive the health care benefit set forth in Article 12 ofthe Agreement shall contribute one and one-half percent (1.5%) of their annuity then being received pursuant to the provisions of the Policemen's Annuity and Benefit Fund Act of the Illinois Pension Code (40 ILCS 5/5-101 et seq.) ("Pension Code"). Such officers shall continue to contribute this percentage contribution for as long as they receive the health care benefit set forth in Article 12 of this Agreement.
Sergeants Who Retire on or After Age Fifty-Five (55) and Before Age Sixty (60)
Sergeants who retire on or after age fifty-five (55) and before age sixty (60) shall be eligible for the health care benefit set forth in Article 12 of the Agreement, provided that they file for retirement in accordance with the following schedule:
Notwithstanding the following provisions applicable to retirements in 2020 and thereafter, eligible officers who provide written notice of retirement within twenty-one (21) davs al'terthe date of ratification ofthis Agreement, with an effective date of retirement between sixty (60) and ninety (90) days after the date of ratification of this Agreement, may participate in this benefit and contribute two percent (2%) of their annuity then being received pursuant to the provisions of the Pension Code. Such officers shall continue to contribute this percentage contribution for as long as they receive the health care benefit set forth in Article 12 of this Agreement. Effective for the calendar year 2020 and each year thereafter, the effective date of
90
I I1267S7.2
retirement shall be between May I through December 31, provided the officer files for retirement at least thirty (30 ) days prior to the effective date of retirement.
Effective for retirements occurring on or after the date of ratification ofthis Agreement, Sergeants who retire on or after age fifty-five (55) and before age sixty (60) and who elect to participate in this benefit shall contribute three and one-half percent (3.5%) of their annuity then being received pursuant to the provisions of the Policemen's Annuity and Benefit Fund Act of the Illinois Pension Code (40 ILCS 5/5-101 et seq.). Such Sergeants shall continue to contribute this percentage contribution for as long as they receive the health care benefit set forth in Article 12 ofthis Agreement.
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B. Payment of Final Compensation Upon Retirement
Legally Required Final Compensation
Upon retirement, the Employer shall pay to each eligible Sergeant or his/her estate if necessary any compensation owed to such Sergeant in the form of wages earned, unused compensatory time granted pursuant to the federal Fair Labor Standards Act (FLSA), unused elective time provided by the Agreement (e.g., furlough days, Baby Furlough Days and personal days) and any other final compensation that may be legally owed to such Sergeant. Any wage increases that are implemented during the tenn of the Agreement and that are effective prior to the Sergeant's date of retirement shall be applied retroactively to his/her legally required final compensation paid pursuant to this subsection.
Non-FLSA Compensatory Time
Upon retirement, the Employer shall calculate the value of each Sergeant's accumulated non-FLSA compensatory time (if any) based on the Sergeant's rate of pay in effect at the time of retirement. As part of the Sergeant's legally required final compensation, the Employer will then pay to the Sergeant or his/her estate the value of his/her non-FLSA compensatory time up to yet not exceeding $20,000.00. Any wage increases that are implemented during the term of the Agreement and that are effective prior to the Sergeant's date of retirement shall be applied retroactively to his/her legally required final compensation paid pursuant to this subsection.
On or before March 1 of the first calendar year following the date of the Sergeant's retirement, the Employer shall pay to the Sergeant or his/her estate the value of his/her remaining non-FLSA compensatory time up to yet not exceeding $15,000.00. If a remainder exists, the Employer shall also pay to the Sergeant or his/her estate one-third ofthe value of the remainder.
On or before March 1 of the second calendar year following the date of the Sergeant's retirement, the Employer shall pay to the Sergeant or his/her estate the value of his/her remaining non-FLSA compensatory time up to yet not exceeding $15,000.00. If a remainder exists, the Employer shall also pay to the Sergeant or his/her estate one-half of the value of the remainder.
On or before March 1 of the third calendar year following the date of the Sergeant's retirement, the Employer shall pay to the Sergeant or his/her estate the value of any and all remaining non-FLSA compensatory time.
C. Tenn of Memorandum of Understanding
The terms and conditions of this memorandum of understanding shall be subject to renegotiation by the parties beginning on or after June 30, 2022 as part of the collective bargaining negotiations for a successor collective bargaining agreement.
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K>2f.7S7.2
James C. Franczek, Jr.
On Behalf ofthe City of Chicago
James Ade
On Behalf of Unit 156-Sergeants
Dated: September 20, 2013
Franczek Radelet
AHorneyi and Cuunmion
iOJ SuuLh Verier Drive1 Sui-.c MOO Chicago ft. WfHlfi Flume 3L?.93i5.0il>0 I Taj" Aia.*Kij.(il»*Z franrifeVjxin;
/AMliS C. i'KAM UZLK, JUL S12.7S6.0110
Ally 11,2010
BY ELECTRONIC MA3L
Air. Scjj) M Sruoot
Tjirtrtor & Chief l^tt] Counsel Policanrn's Rmevolemt Procectiw
Association of Illinois Vfet Washingnwi Snccr Springfield. Illinois 62702
Re: Physical Fitness incentive "Dear Mr. Smoot.
Eursuam 10 wr request, this tec- confiruis tlie City of Chicago's agreement to incrsasf the itnornir ofthe anrr.ial physical fim«s incentive consistent with rhe award Issued Ik rfar jtftstttr of the A*Hlv xnd Fnttenwi Order if Fdkt% Chiuyro Lodge _Y<7. 7 t'Bfu-n, April 16, 2010} For Sergeants represented by the Policemen's BincvoJtmt & Protective: AsiOiiariun of liimoin, Unit iSoA-Scrgcanti. Attordiiigly, eflraivc u[.>->ti die mi citation of a sutccswc a^cccntccit rbe amw nt of the physical fitnet-s incentive sbalL be iita"e*sedlroui s250.0l> to S35U.O0.
Very rraly yours,
Mr. David A JiihliSi'jn ib\ cVcrrfn u: n\.ti\)
Cbminuida- Donald j. O'Neill (by electronic nwil)
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KI2f>7S7.2
iCf;
ftv Franczek Radelet
('/^ Attorneys and Counselors
300 South Wacker Drive i Suite 3400 ! Chicago, IL 60606 Phone 312.986.0300 ! Fax 312.986.9192 franczek.com
April 30, 2010
Mr. Sean M. Smoot
Director & Chief Legal Counsel
Policemen's Benevolent & Protective
Association of Illinois 435 West Washington Street Springfield, Illinois 62702
Re: Audio Recording of Statements Made by Non-Department Members During Disciplinary Investigations
Dear Mr. Smoot:
This letter confirms the Employer's representations during negotiations regarding the issue of audio recording statements made by non-Department members during disciplinary investigations.
Throughout these negotiations, the parties devoted considerable time to discussing the legality and practicality of a policy requiring non-Department members to submit to audio recording and the impact such policy may have on the credibility and integrity ofthe investigative process. During these discussions, Unit 156-Sergeants articulated legitimate and reasonable concerns regarding the consequences of a non-Department member's refusal to consent to audio recording, including the distinctions between audio-recorded and written statements and how such distinctions if present may influence the investigation.
Our dialogue was also informed by the testimony ofthe Chief Administrator ofthe Independent Police Review Authority ("IPRA") and the Chief ofthe Internal Affairs Division ("IAD") on two separate occasions. This testimony confirmed IPRA'sand IAD's unyielding commitment to obtaining audio-recorded statements from non-Department members within the confines of the law. Moreover, (he Chief Administrator of IPRA and the Chief of IAD invited Unit 156-Sergeants to review the protocols, procedures and training materials for audio recording non-Department members as they are developed and submit recommendations as may be appropriate. This letter affirms such invitation and the Employer's commitment to collaborate with Unit 156-Sergeants as these policies are implemented.
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10267X7.2
Franczek Radelet
Attorneys and Counselors
Finally, the parties agree that IPRA and IAD should strive to obtain an audio recording consent rate for non-Department members of at least seventy-five percent during the initial phase of the program. To this end, IPRA and IAD shall specifically request that each non-Department member who is interviewed during an investigation consent to the audio recording of his/her statement and shall document such request and the non-Department member's response to such request cither in writing or through audio recording. Within six months of the implementation of audio recording for Department members, the Employer, the Chief Administrator of IPRA and the Chief of IAD agree to meet with Unit 1 56-Sergeants upon request to discuss the consent rate for non-Department members with respect to audio recording, methods for increasing the consent rate if necessary, the synthesis of audio-recorded and written statements during investigations and other relevant and pertinent issues.,
This letter is subject to the grievance and arbitration procedure established in Article 9 of this
Agreement.
Very truly yours,
James C. Franczek, Jr.
Scan M. Smoot
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10267X7.2
Franczek Radelet
Attorneys and Counselors _
300 South Wacker Drive I Suite 3400 i Chicago, IL 60606 Phone 312.986.0300 ; Fax 312.986.9192 lranczek.com
April 30, 2010
Mr. Sean M. Smoot
Director & Chief Legal Counsel
Policemen's Benevolent & Protective
Association of Illinois 435 West Washington Street Springfield, Illinois 62702
Re: Sergeant's Right To Edit and Correct Statements Made During Disciplinary
Investigations
Dear Mr. Smoot:
This letter confirms theparties' discussions during negotiationsregarding a Sergeant's right to edit and correct copies of statements made during disciplinary investigations after they are distributed pursuant to Sections 6.1 (J) and 6.2(D) of the Agreement. Specifically, the parties agree that the amendments to Sections 6.1 and 6.2 regarding the method of recording statements do not modify the current policy or practice governing the editing and correcting of statements. Moreover, in light of the parties' agreement to allow statements to be recorded audio electronically, theparties recognize that this policy or practice may need to be modified to accommodate the new method of recording and that such modifications will only become effective upon the written consent of Unit 156-Sergeants.
This letter is subject to the grievance and arbitration procedure established in Article 9 ofthis Agreement.
James C. Franczek, Jr.
Very truly yours,
AGREHD:
97
I0207S7.2
Sean M. Smoot
Franczek Radelet
Attorneys and Counselors .
300 South Wacker Drive I Suite 3400 ! Chicago, IL 60606 Phone 312.986.0300 i l ax 312.986.9192 franczek.com
April 30, 2010
Mr. Sean M. Smoot
Director & Chief Legal Counsel
Policemen's Benevolent & Protective
Association of Illinois 435 West Washington Street Springfield, Illinois 62702
Re: Implementation of CLEAR Grievance Management System
Dear Mr. Smoot:
This letter confirms the Employer's representations during negotiations with respect to Section 9.2 ofthe Agreement and the forthcoming implementation of the Citizen and Law Enforcement Analysis and Reporting System ("CLEAR") grievance management system. Specifically,' the parties agree that the Department will not implement the CLEAR grievance management system until Unit 156-Sergeants has been provided the opportunity to review the system and submitrecommendations to the Department regarding such system. The cunent grievance and arbitration procedure will remain in effect until the obligations set forth in this letter are satisfied and until Unit 156-Sergeants has the technological capability to access CLEAR remotely from its office.
This letter is subject to the grievance and arbitration procedure established in Article 9 of this Agreement.
James C. Franczek, Jr.
Very truly yours,
AGREED:
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1026787.2
Sean M. Smoot
Franczek Radelet
Attorneys and Counselors
300 South Wacker Drive i Suite 3400 i Chicago, IL 60606 Phone 312.986.0300 : Kax 312.986.9192 franczek.com
April 30, 2010
Mr. Scan M. Smoot
Director & Chief Legal Counsel
Policemen's Benevolent & Protective
Association of Illinois 435 West Washington Street Springfield, Illinois 62702
Re: Expansion of Flexible Spending Account ("FSA") Plan To Include Dependent Care
Benefit
Dear Mr. Smoot:
This letter con firms the Employer's representations during negotiations with respect to Article 12 of the Agreement and the anticipated expansion ofthe Flexible Spending Account ("FSA") plan to cover qualified unreimbursed dependent care benefits. The Chicago Labor-Management Trust—of which Unit 156-Sergeants has committed to becominga signatory member—formally adopted this initiative as a project directive during the Board of Trustees meeting on May 9, 2008 and is currently researching and developing recommendations regarding such initiative. Consequently, the inclusion of any such benefit in the Agreement would be premature. The Employer reiterates, however, its firm commitment to pursue this initiative through the Trust and anticipates that this benefit may soonbe available to employees. In the event that this benefit is not implemented as contemplated, the Employer agrees to meet with Unit 156-Sergeants upon request to evaluate the alternatives that may be available.
This letter is subject to the grievance and arbitration procedure established in Article 9 of thi s Agreement.
James C. Franczek, Jr.
Very truly yours,
AGREED:
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1026787.2
Scan M. Smoot
Franczek Radelet
Attorneys and Counselors
300 South Wacker Drive ! Suite 3400 ; Chicago, IL 60606 Phone 312.986.0300 ! Fax 312.986.9192 franczck.com
April 30, 2010
Mr. Sean M. Smoot
Director & Chief"Legal Counsel
Policemen's Benevolent & Protective
Association of Illinois 435 West Washington Street Springfield, Illinois 62702
Re: Implementation of CLEAR Bidding System
Dear Mr. Smoot:
This letter confirms the Employer's representations during negotiations with respect to Article 32 ofthe Agreement and the forthcoming implementation of the Citizen and Law Enforcement Analysis and Reporting System ("CLEAR") bidding system. Specifically, theparties agree that the Department will not implement the CLEAR bidding system until Unit 156-Sergeants has been provided the opportunity to review the system and submit recommendations to the Department regarding such system. The current bidding procedure will remain in effect until the obligations set forth in this letter are satisfied and until Unit 156-Sergeants has the technological capability to access CLEAR remotely from its office.
This letter is subject to the grievance and arbitration procedure established in Article 9 of th is
Agreement.
Very truly yours,
James C. Franczek, Jr.
Sean M. Smoot
0. Franczek Radelet
Attorneys and Counselors
300 South Wacker Drive Suite 3400 ! Chicago, IL 60606 Phone 312.986.0300 ! Fax 3.12.986.9192 franczek.com
April 30, 2010
Mr. Sean M. Smoot
Director & Chief Legal Counsel
Policemen's Benevolent & Protective
Association of Illinois 435 West Washington Street Springfield, Illinois 62702
Re: Medical Services Section Physician Referral List
Dear Mr. Smoot:
This letter confirms our agreement with respect to the list of approximately eight hundred (8 00) referral physicians maintained by the Department's Medical Services Section. A Sergeant seeking a referral for an injury on duty will be allowed to select any physician on this referral list within the specialty appropriate to the treatment ofthe Sergeant's injury. The Department reserves the right both to add physicians to the referral list and remove physicians from such list. The Department agrees that physicians will not be removed from the referral list forarbitrary or capricious reasons. The Department agrees to meet with designated representatives of Unit 156-Sergeants on a quarterly basis for thepurpose of discussingthe composition of the referral list, including suggestions forthe expansion of the referral list and the bases for removals from such list.
Very truly yours,
James C. Franczek, Jr.
Scan M. Smoot
^ Franczek Radelet
Attorneys and Counselors
300 South Wacker Drive . Suite 3400 i Chicago, IL 60606 Phone 312.986.0300 ; I-'ax 312.986.9192 franczek.com
Mr. Thomas Pleines
Re: Resignations and Retirements While Under Investigation
Dear Mr. Pleines:
This letter confirms the Employer's representations during negotiations regarding the credentials to be afforded to a Sergeant who resigns or retires from the Department while the subject of an ongoing Complaint Register investigation.
In accordance with current policy, the Superintendent has the discretion to decide whether the Sergeant's personnel Hie should state that the Sergeant resigned or retired "while under investigation" based on the totality ofthe circumstances surrounding the investigation, including, but not limited to, the likelihood that the investigation will result in a sustained finding accompanied by a recommendation for a substantial disciplinary penally, the possibility that the investigation may result in the decertification of a Sergeant as a peace officer and/orthe extent to which the Sergeant has cooperated in the investigation both before and after his/her separation from employment. This same standard also governs whether the Sergeant will receive full retirement credentials or any other post-employment honorary benefits and emoluments.
In the event that Unit 156-Sergeants or the Sergeant disagrees with the Superintendent's decision, either party may file a grievance pursuant to Section 9.2 of the Agreement or submit the grievance to mediation, but the grievance shall not be subject to arbitration. Effective for resignations or retirements occurring after the date of ratification ofthis Agreement, Unit 156-Sergeants may submit the grievance to arbitration pursuant to the provisions of Article 9 ofthe Agreement. The Arbitrator may set aside the Superintendent's decision only if the Arbitrator determines that the Superintendent's decision was an arbitrary application ofthe standard set forth in the proceeding paragraph.
Very truly yours,
James C. Franczek, Jr.
Sean M. Smoot
Franczek Radelet
Attorneys and Counselors _
300 South Wacker Drive I Suite 3400 I Chicago, IL 60606 Phone 312.986.0300 i Fax 312.986.9192 franczek.com
September 20, 2013 Thomas J. Pleines, Esq. Law Offices of Robert Kuzas 222 N. LaSalle Street, Suite 200 Chicago, IL 60601
Re: Hours and Overtime
Dear Tom:
This will confirm the discussions and agreements reached during negotiations relating to the subject of compensation for overtime and work schedules. The parlies understand and agree as follows:
The normal work day shall mean the regular tour of duty of eight (8), eight and one-half (8.5), or ten (.10) hours, exclusive ofthe one-half hour lunch period, depending on the Sergeant's applicable work schedule.
The overtime rate in excess of 171 in a 28-day period (the FLSA rate) shall be calculated to include, in addition, to the base salary, the value of quarterly payments, duty availability pay and the forty-five (45) minutes per day (referred to as "rank credit" in the contract).
In the event the employer agrees to provide or authorizes the use of the FLSA rate or any higher rate to calculate overtime or related benefits for hours of 170 or less for a 28-day work period with any other bargaining unit, such calculation shall be made applicable to the Sergeants' unit and Lieutenants' Unit of Unit 156.
Please indicate your acknowledgment and agreement in the space provided below.
Very truly yours,
James C. Franczek, Jr. AGREED:
Thomas J. Pleines, Esq.
103
April 30, 2010
ictardiXt Daley, Mayor
DfurimtTiL of Lit>
lanS. Gcorgp. iiTjrfr.ilinnf uunitl
¦ihrw Dp-binn
Jitf two
rutli'X lllill'hJ WW2
I 'I Hr- ' HI ~ I T1" t T 1M
IIJ) ¦•^E--9(Li,i'4F.'i\i !C1 7-W-51H <7TV) I Iix.'jV'i** :L'y
Marvin Gittler
Artlmr, GiLLlHj-. GrwnhVhl & D'AIIih, l.l.ii. 200 West J nelson Blvd.
Chic*Kt> 1LC00OG
Rp: PR PA wriil Oily cjrClnf.t^]
— Legal Representation and Indemnification Is.s l«« srtvf ii ml n tu ry Dru^ nntl Almhel
DairMi1. Gittler:
This v.iU confirm our diwcui;.-;jrmK relative Lo the impact on an OfTiecr's iMilit.lf:[iicMil lu U:£fj] rt:[ireM:nlu1.iim >md iiidcjimiflcatiOU purMisnt. to ArtuJp '11 (if the wllectivp bflrifaining HgrefinHnU*;) us ri consequence ofthe parties agreement to provide ibr mandatory druj; and alcohol testing Li any instance where tliy Officer discharges Din/her weapon, ou or riddury.'Specifically, ol behalf ol the Unions), you inquired regarding the approach the Law Department would follow in [iH^rmining whether ti> provide legal represents)! iwi in ii case: where an Officer, while-ofTduty. discharged his weapon and who there-utter tetaed positive Tur alcohol an the contractually mandated drug aud alcohol tos t. ,
On bb>h.-iJI ijFI ht> V'tty, I advised you that we utilize a rase'li.v rriK^ upproHi/h. Vc't- first determine whether the civil lawsuit in ^-hich the Officer is a defendant results from or arises out of "the perforin once oi duties " In tbt- fontexi ui pohr* emplovmftil nnd wh^th^r t.h
I 04
1026787.2
position we have consistently maintained before rtrhitrjiJors confronted with the question of an employee's entitlement to legal representa tion and/or indemnification. Kooip years ago Arbitrator Reynolds Scit.x, crinFtruirig lanepitige identical to that round in Ihe PBPA labor agTeernenta, held ae follows regarding off duty officer*, etjl.itlftnient 1^> le^:*! rejiiufrAOtatiaiii
1 am convinced that as regards tho obligation to indemnify a police officer for fictions tflkfin whili r>ff duty, the all-important question ia to determine if Ihe faclK in*lii'Hlb> lhal. hu/sho accepted a responsibility to respond to nn existing situation. If that responsibility was accepted, I conclude that his act needs to be viewed "arising »ut ofthe
jvP-riVirirnmi*' rtf duties."
FQP. Lodge 7 and City of Chicago (Robert and Jean Fiomel), Seitz, 1087, p.O.
If lh<> uirc.uni«Liinr.ert di-monsl rulr. that ihe off duly Officer WOS. in the performance of duties, we then determine whether the Officer was acting within the acopc of bis employment. Again, our approach consists of reviewing all relevant JactS- That the alcohol test indicates a positive presence for alcohol, standing alone, does not necessarily nic-cin the individual was outside the scope of his/her employment. Under the Workers' ttompenBHlivn A«;l, for example, if ha.s long heen the case that intoxication, in and of itself, is insufficient to defeat recovery, frl&M 1'acking Co. v. Industrial Commission, 55 Ul.ad 262 11073). The Industrial Commission will look to the degree oi mtniocatinn, i.r> dr-tcrminr: whether the mjujy Arose oiii ofthe drunken condition as i/pposed to his or duj.i'cs as an employee, J^strirt. 141. International Association of Machinists & Aerospace Workers v. Industrial Commission. 79 Ul 2d b44 (IB80). We, too, volJ look to the extent of intoxication in making the scope of employment determination
Pl^Hh-e [iii noL hec-iliil^ lo contact nie if yuu ttuvh any (]ue^1 n.mp regarding l.his matter,
SineereJv.
Drtvid A. ,John
i.'hiel Labor Negotiator
105
SULLIVAN P.C.
ATTORNEYS AT LAW
SUITE 3400
JAMES C. FRANCZEK, JR. 312-786-6110
jcf@franczck.com
CHICAGO, ILLINOIS 60606 PHONE 3.12-9S6-0300 FAX 312-986-9192
July 13, 2005
Sean Smoot, Esq.
Policemen's Benevolent & Protective Association 435 Wesr Washington Street Springfield, Illinois 62702
Rc: City of Chicago and PBPA, Unit 156 Negotiations - Sworn Affidavits
Dear Mr. Smoot:
This will confirm the representations made to die Union during negotiations for the 2003-2007 collective bargaining agreement, widi respect to how the Department intends to operate under the proposed agreement dealing with sworn affidavits.
We have advised you that in those instances where an affidavit is necessary, the Department will make a good faith attempt to obtain an affidavit from the complainant widiin a reasonable time. When an affidavit cannot be obtained from a citizen complainant, the head of either IAD or OPS may sign an appropriate affidavit according to the following procedure. An "appropriate affidavit" in the case of die head of either OPS or IAD is an affidavit wherein the agency head states that he or she has reviewed objective verifiable evidence, specifies what evidence has been reviewed and in reliance on that evidence the agency head affirms that continued investigation is necessary. The types of evidence the agency head must review and may rely upon will be dependent upon the type of case, but may include arrest and case reports, medical records, statements of witnesses and complainants, video or audio tapes, and photographs. This list is illustrative only and is not to be considered exclusive or exhaustive.
hi rhe case of a sustained finding diat is subject ro the parties' grievance procedure, the arbitrator has the authority to review whedier the Department made a good faith effort to secure an affidavit from the complainant and whether die affidavit of the head of OPS or IAD was based upon objective evidence ofthe type specified above, in addiuon ro the issues of ju.sr cause and rhe appropriateness of the penalty in determining whether to grant die
27-1963 !
106
FRANCZ E K S ULLIVA N p.c.
ATTORNEYS AT LAW
Scan Smoot, Esq. July 13, 2005 Page 2
If this letter accurately reflects your understanding and agreement regarding this issue, please sign where indicated and return a copy to me.
Scan M. Smoot, Esq.
Attorney, Policemen's Benevolent 8c Protective Association Unit 156 - Sergeants
107
FRANCZEK SULLIVAN r-.C.
ATTORNEYS AT LAW
JAMES C. FRANCZEK, JR.
312-786-6110 JCF%73314S3@mcijnail.coni
300 SOUTH WACKER DRIVE SUITE 3400
CHICAGO, ILLINOIS 60606-6785 PHONE 312-986-0300 FAX 312-986-9192
April 9, 1999
Mr. Marvin Gittler As her, Gittler, Greenfield, Cohen and D'Alba, Ltd. 125 South Wacker Drive, Suite 1100 Chicago, IL 60606
Rc: Seniority - Holiday Assignment
Dear Marv:
This letter confirms our conversation and agreement during negotiations that the seniority provisions of Article 23.7 of the Sergeants Association agreement will not apply to a holiday falling within a Sergeant's authorized furlough extension. A Sergeant who has been authorized a furlough extension which includes a holiday will be given first priority for being off on that holiday.
If this letter comports with your understandings, please so indicate by signing below.
Very truly yours,
JCF:mp
U 1433.1
108
FRANCZEK SULLIVAN p.c.
JAMES C. FRANCZEK, JR.
312-786-6110 JCFX73314 53@mcixnaiLcom
300 SOUTH WACKER DRIVE SUITE 3400
CHICAGO, ILLINOIS 606O6-678S PHONE 312-986-0300 FAX 312-986-9192
SIDE LETTER
Marcb 15, 1999
Mr. Marvin Gittler Asher, Gittler, Greenfield, Cohen and D'Alba, Ltd. 125 South Wacker Drive, Suite 1100 Chicago, IL 60606
Re. Rank Credit and Quarterly Differential
Dear Marv:
This letter confirms our discussion that currently neither Section 20.10, Rank Credit, nor Section 26.2, Quarterly Differential, is applicable to any rank below Sergeant As the City has advised you, it is our position that those two benefits should not be extended, and we have no plans to extend them, to any rank below Sergeant. However, in order to resolve this contract, and in an effort to allay any concerns that the Association might have (regardless of how remote those concerns might be), please regard this letter as an assurance that, should the City extend either of these benefits to any rank below Sergeant, we will re-open for negotiation, upon written notice from the Sergeants' Association, the collective bargaining agreement with regard to these two hems.
Assuming that this letter comports with your understanding, please so indicate by signing
below
Very truly yours,. ~)
JCF-mp
FRANCZEK S U L L I V A N p.c.
JAMES C FRANCZEK, JR.
312-786-6110 JCF%7331453@mdmaiJ.com
300 SOUTH WACKER DRIVE SUITE 3400
CHICAGO, ILLINOIS 60606-6785 PHONE 312-986-0300 EftI 312-986-9192
hap.y/wwwaillpc.com
March 15, 1999
LETTER OF AGREEMENT
Mr. Marvin Gittler Asher, Gittler, Greenfield, Cohen and D'Alba, Ltd. 125 South Wacker Drive, Suite 1100 Chicago, BL 60606
Re: Memorandum of Understanding
One-Half Hour Lunch Period - PB&PA Unit 156-Sergeants
Dear Marv:
This will confirm the understanding ofthe parties with respect to the one-half hour lunch period referenced in the Memorandum of Understanding incorporated in the collective bargaining agreement between the parties. The parties agree and understand that this one-half hour period is normally an uncompensated lunch period. In the event that an officer works in excess of a given tour of duty because he has been required to perform work during a meal period, the officer may request overtime compensation in accordance with the terms ofthe contract. Such requests shall be initiated and processed according to the procedures set forth in the applicable directives governing all requests for overtime compensation.
Please indicate your agreement with this letter by signing on the line provided.
As always, we are appreciative of your kind courtesies.
Very truly yours,
I ()2f>787.2
FRANCZEK SULLIVAN p.c.
JAMES C. FRANCZEK, JR.
312-786-6110 JCFS7331453@mdmaiLcom
300 SOUTH WACKER DRIVE SUITE 3*00
CHICAGO, ILLINOIS 60606-678S PHONB 312-986-0300 FAX 312-S86-9192
March 15, 1999
Mr. Marvin Gittler Asher, Gittler, Greenfield, Cohen and D'Alba, Ltd. 125 South Wacker Drive, Suite 1100 Chicago, UL 60606
Re: Notification of Legal Action and Creation of Lien
Dear Marv:
This letter confirms our understanding, as follows:
Whenever a Sergeant covered by this Agreement is absent from work on account of injury or illness and receives salary during such absence pursuant to the provisions of Article 18 (Disability Income), the Sergeant shall notify the Employer of the name and address of any attorneys the Sergeant retains for the purpose of prosecuting a claim on his behalf because of said injury or illness and, as a condition for receiving such salary, shall acknowledge on the Employer's farm the creation of a lien in favor of the City of Chicago which shall attach to any recovery winch the Sergeant has or may effect from the person or party whom it is churned is responsible for the injury or illness in the full amount the City of Chicago has or may expend on the Sergeant's behalf for said salary. Said lien is in addition to any other lien the City may possess with respect to payment of medical and/or hospital expenses. Provided, the City agrees that the salary lien referred to above shall in no instance exceed 50% (fifty per cent) of the total amount of the judgment or settlement resulting from prosecution of the claim.
If the foregoing comports with your understanding, please so indicate by signing below.
Very truly yours,
Marvin Gittler
10267S7.2
I
FRANCZEK SULLIVANp.c.
JAMES C. FRANCZEK, JR.
312-786-6110 JCK7331453@mdmaa.coni
300 SOUTH WACKER. DRIVE SUITE 3400
CHICAGO, ILLINOIS 60606-671 ) PHONE 312-986-0300 EAX31J-986-9192
March 15, 1999
Mr. Marvin Gittler Asher, Gitder, Greenfield, Gohen and D'Alba, Ltd, 125 South Wacker Drive, Suite 1100 Chicago, JX 60606
Re: Educational Reimbursement
Dear Marv:
This letter confirms our conversation that, in connection with ARTICLE 24, Educational Reimbursement, "college or university^ in Section A.4. has been applied under the FOP contract to mean a college or university aoarcxihed by rhe North Central Association of Colleges and Universities and is a college or university within the State of Illinois. We agreed that this is the interpretation which will be used under this provision for the Sergeants, Lieutenants and Captains. In the event that this interpretation is changed by agreement with rhe FOP or through arbitration with rhe FOP, any such change will also apply to Sergeants, Lieutenants and Captains.
Please indicate your agreement by signing below.
JCF:mp
1 12
Very truly yours,
LAW OFFICES
Asher, Gittler, Greenfield, Cohen & D*Alba, Ltd.
SUITE 11 OO
I 2S SOUTH WACKER DRIVE
CHICAGO. ILLINOIS 6OGO6
TELEPHONE (3121 2G3-ISOO
FACSIMILE OlZ> SGXSSO
¦V
March 15, 1999
James C. Franczek, Jr., Esq. Franczek. Sullivan P.C. 3 00 South Wacker Drive Suite 3400 Chicago, IL 60606
Dear Mr. Franczek:
The City of Chicago acknowledges and agrees that the provisions and language of the contract article entitled "Accountability of Sergeants" shall not be used in any manner by the City of Chicago to file, institute, support or maintain any claim or cause of action or charge or petition in any forum, the purpose or object of which will be to revoke, modify or eliminate the certification of or to decertify or to raise a question concerning representation relating to PB&PA Unit 156 or any part or unit thereof. Further, neither the article nor its language is intended to support the proposition that the officers described in that article are statutory supervisors within the meaning of the IPELRA- Please acknowledge this understanding in the space provided below.
Agreed to this / '¦ day of
1999 -
James C. franczek,
1026787.2
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