Chicago Police & FOP Lodge 7July 1, 1999 -
June 30, 2003 |
1-Preamble
2-Recognition
3-Lodge Security
4-Management Rights
5-No Strike
6-Bill of Rights
7-Summary Punishment
8-Employee Security
9-Grievance Procedure
10-Non-Discrimination
11-Holidays
12-Promotions
13-Layoffs - Re-Employment
14-Bulletin Boards
15-Safety Issues
16-Secondary Employment and Special Employment
17-F.O.P. Representatives
18-Disability Income
19-Bereavement Leave
20-Hours and Overtime
21-Uniforms
22-Indemnification
23-Seniority
24-Educational Reimbursement
25-Life and Health Insurance Provisions
26-Wages
27-Residency
28-Duration, Enforcement and Dispute Resolution
29-Baby Furlough Days
29A-Furloughs
30-Personal Leaves of Absence
31-Steady Watch
32-Complete Agreement
33-Savings Clause
A-Salary Schedules
B-Misc. positions
C-Auxiliary Police Aides
D-Dental Plan
E-Network Changes
F-In-Network/Out-of-Network Care
G-Health Care Contributions for Active Members
H-PPO Prescription Drug Cost
I-Chemical Dependency and Mental Health Care Co-Insurance and Limits
J-Behavioral Intervention System - Personnel Concerns Program
K-High Risk Pregnancy Screening Program
L-Complaint Review Panel Rules of Procedure
M-Expedited Arbitration Rules
N-Procedures for Injury on Duty and Recurrence Claims
O-Subrogation Language for City of Chicago
P-Benefits During Probationary Period
Q-Discipline Screening Program Period
R-Procedures For Psychological Review
S-Furlough By Watch
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 Fraternal Order of Police, Chicago Lodge No. 7 (hereinafter referred to as the “Lodge”).
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 the Lodge, to promote departmental efficiency and effectiveness, to establish wages, hours, standards and other terms and conditions of employment for officers 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
The Employer recognizes the Lodge as the sole and exclusive collective bargaining representative for all sworn Police Officers below the rank of sergeant (herein referred to as “officer”), excluding probationary officers employed by the Employer in its Department of Police, provided said probationary period shall not extend beyond an eighteen (18) month period.
The normal probationary period shall consist of eighteen (18) months of actual presence during active duty. Consequently, time absent from duty or not served, for any reason, shall not apply toward satisfaction of the probationary period, except as provided in Appendix P. During the probationary period, an officer is not entitled to any rights, privileges or benefits under this Agreement, except as provided in Appendix P.
Officers covered by the Agreement who have completed their probationary period as defined in Article 2 of the Agreement and thereafter commence disability or approved leaves of absence but subsequently return to active duty shall not be considered probationary and shall be entitled to all rights and benefits provided for in the Agreement, including, but not limited to, the right to invoke the provisions of Article 9 of the Agreement.
ARTICLE 3
LODGE SECURITY
Section 3.1 - Maintenance of Membership and Agency Shop.
A. Each officer who on the effective date of this Agreement is a member of the Lodge, and each officer who becomes a member after that date, shall, as a condition of employment, maintain their membership in good standing in the Lodge during the term of this Agreement.
B. B. Any present officer who is not a member of the Lodge shall, as a condition of employment, be required to pay fair share (not to exceed the amount of Lodge dues) of the cost of the collective bargaining process and contract administration. All officers hired on or after the effective date of this Agreement and who have not made application for membership shall, on or after the thirtieth day following the completion of their probationary period, also be required to pay a fair share of the cost of the collective bargaining process and contract administration.
Section 3.2 — Lodge Presentation at Orientation.
The Employer shall grant the Lodge an opportunity during the orientation of new officers to present the benefits of membership in the Lodge.
Section 3.3 - Dues Deduction.
A. With respect to any officer on whose behalf the Employer receives written authorization in a form agreed upon by the Lodge and the Employer, the Employer shall deduct from the wages of the officer the dues and/or financial obligations uniformly required and shall forward the full amount to the Lodge by the tenth (10th) 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 by the Lodge. Authorization for such deduction shall be irrevocable unless revoked by written notice to the Employer and the Lodge during the fifteen (15) day period prior to the expiration of this contract. The Employer will not similarly deduct the dues of any other organization as to officers covered by this Agreement.
B. With respect to any officer on whose behalf the Employer has not received a written authorization as provided for in 3.3A above, the Employer shall deduct from the wages of the officer, the fair share financial obligation, including any retroactive amount due and owing, and shall forward said amount to the Lodge by the tenth (10th) day of the month following the month in which the deduction is made, subject only to the following:
1. The Lodge has certified to the Employer that the affected officer has been delinquent in his or her obligation for at least 60 days;
2. The Lodge has certified to the Employer that the affected officer has been notified in writing of the obligation and the requirement of each provision of this Article;
3. The Lodge has certified to the Employer that the affected officer has been given a reasonable opportunity to prepare and submit any objections to the payment and has been afforded an opportunity to appear before the Board of Directors of the Lodge or its designee for the purpose of being heard on said objections.
Section 3.4 — Indemnity.
The Lodge 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 the above provisions of this Article, or in reliance on any list, notices, certification or assignment furnished under any of such provisions.
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, rights:
A. to determine the organization and operations of the Department of Police;
B. to determine and change the purpose, composition and function of each of its constituent departments, and subdivisions;
C. to set standards for the services to be offered to the public;
D. to direct the officers of the Department of Police, including the right to assign work and overtime;
E. to hire, examine, classify, select, promote, restore to career service positions, train, transfer, assign and schedule officers;
F. to increase, reduce or change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work or funds or other proper reasons;
G. to contract out work when essential in the exercise of police power;
H. to establish work schedules and to determine the starting and quitting time, 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 officers for just cause; and
N. to add, delete or alter policies, procedures, rules and regulations.
Inherent managerial functions, prerogatives and policymaking 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 procedures contained herein, provided that no right is exercised contrary to or inconsistent with other terms of this Agreement.
ARTICLE 5
NO STRIKE
Section 5.1 — No Strike Commitment.
Neither the Lodge nor any officer will call, institute, authorize, participate in, sanction, encourage, or ratify any strike, work stoppage, or other concerted refusal to perform duties by any officer or officer 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. Neither the Lodge nor any officer shall refuse to cross any picket line, by whomever established.
Section 5.2 — Resumption of Operations.
In the event of action prohibited by Section 5.1 above, the Lodge immediately shall disavow such action and request the officers to return to work, and shall use its best efforts to achieve a prompt resumption of normal operations. The Lodge, including its officials and agents, shall not be liable for any damages, direct or indirect, upon complying with the requirements of this Section.
Section 5.3 - Union Liability.
Upon the failure of the Lodge to comply with the provisions of Section 5.2 above, any agent or official of the Lodge who is an officer covered by this Agreement may be subject to the provisions of Section 5.4 below.
Section 5.4 - Discipline of Strikers.
Any officer who violates the provisions of Section 5.1 of this Article shall be subject to immediate discharge. Any action taken by the Employer against any officer who participates in action prohibited by Section 5.1 above shall not be considered as a violation of this Agreement and shall not be subject to the provisions of the grievance procedure; except that the issue whether an officer 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 an officer 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 officer, other than in the initial stage of the investigation shall be scheduled at a reasonable time, preferably while the officer is on duty, or if feasible, during daylight hours.
B. The interrogation, depending upon the allegation will normally take place at either the officer’s unit of assignment, the Office of Professional Standards, the Internal Affairs Division, or other appropriate location.
C. Prior to an interrogation, the officer under investigation shall be informed of the identity of the person in charge of the investigation, the interrogation officer and the identity of all persons present during the interrogation. When a formal statement is being taken, all questions directed to the officer under interrogation shall be asked by and through one interrogator.
D. Unless the Superintendent of Police 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 CR # was issued.
No anonymous complaint made against an officer shall be made the subject of a Complaint Register investigation unless the allegation is 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.
No anonymous complaint regarding residency or medical roll abuse shall be made the subject of a Complaint Register investigation until verified. No ramifications will result regarding issues other than residency or medical roll abuse from information discovered during an investigation of an anonymous complaint regarding residency or medical roll abuse, unless of a criminal nature as defined in the preceding paragraph.
E. Immediately prior to the interrogation of an officer under investigation, he or she shall be informed in writing of the nature of the complaint and the names of all complainants.
F. The length of interrogation sessions will be reasonable, with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
G. An officer 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 Department shall not retaliate in any manner against any officer covered by this Agreement who cooperates in a Department disciplinary investigation.
H. An officer under investigation will be provided with a copy of any statement he/she has made within twenty-four (24) hours of the time the statement was made.
I. If the allegation under investigation indicates a recommendation for separation is probable against the officer, the officer will be given the statutory administrative proceedings rights, or if the allegation indicates criminal prosecution is probable against the officer, the officer will be given the constitutional rights concerning self-incrimination prior to the commencement of interrogation.
J. An officer 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 officer under interrogation, he/she shall have the right to be represented by a representative of the Lodge, who shall be either a police officer on leave to work for the Lodge or a retired police officer working for the Lodge. The interrogation shall be suspended for a reasonable time until representation can be obtained.
K. At the time an officer is given the original copy of the Request for Complaint Review Panel Hearing/Waiver of Complaint Review Panel Hearing and Waiver of Police Board Review, the officer will be informed of the rule(s) violated and the corresponding specifications of misconduct, to include date, time, location and manner in which the rule was violated.
If new allegations of the rule(s) violated and/or the corresponding specifications are thereafter made, a new Request for Complaint Review Panel Hearing/Waiver of Complaint Review Panel Hearing and Waiver of Police Board Review shall be given to the officer at least fifteen (15) days prior to the date of said hearing.
Section 6.2 - Witness Officer's Statements in Disciplinary Investigations.
When an officer covered by this Agreement is required to give a written statement or oral 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 officer the interview shall be conducted in the following manner:
A. The interview of the officer shall be scheduled at a reasonable time, preferably while the officer is on duty, or if feasible, during daylight hours.
B. The interview, depending on the nature of the investigation, will normally take place at either the officer’s unit of assignment, the Office of Professional Standards, the Internal Affairs Division, or other appropriate location.
C. Prior to an interview, the officer being interviewed shall be informed of the identity of the person in charge of the investigation, the interviewing officer, the identity of all persons present during the interview, and the nature of the complaint, including the date, time, location and relevant R.D. number, if known. When a formal statement is being taken, all questions directed to the officer being interviewed shall be asked by and through one interviewer.
D. The officer will be provided with a copy of any statement he/she has made within twenty-four (24) hours of the time the statement was made.
E. An officer 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 officer being interviewed, he/she shall have the right to be represented by a representative of the Lodge who shall be either a police officer on leave to work for the Lodge or a retired police officer working for the Lodge. For purposes of this paragraph E, “represented” shall mean that the officer’s counsel and/or representative shall only advise the officer but shall not in any way interfere with the interview. The interview shall be postponed for a reasonable time, but in no case more than forty-eight (48) hours from the time the officer 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 may be postponed for no more than two hours.
F. This Section 6.2 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 police-related shooting.
G. The length of interviews will be reasonable, with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
Section 6.3 - Non-Adoption of Ordinance.
The City of Chicago shall not adopt any ordinance and the Chicago Police Department shall not adopt any regulation which prohibits the right of an officer to bring suit arising out of his/her duties as an officer.
Section 6.4 - Photo Dissemination.
No photo of an officer under investigation shall be made available to the media prior to a conviction for a criminal offense or prior to a decision being rendered by the Police Board.
Section 6.5 - Compulsion of Testimony.
The Chicago Police Department shall not compel an officer under investigation to speak or testify before, or to be questioned by any nongovernmental agency relating to any matter or issue under investigation.
Section 6.6 - Auto-Residency Card.
No officer shall be required to submit the information now required in an Auto-Residency Card as it applies to any other member of his/her family or household.
Section 6.7 - Polygraph.
No officer shall be disciplined for refusal to take a polygraph exam and the results of the polygraph exam shall not be admissible as evidence in proceedings before the Police Board or in any proceeding where the officer 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 exam become admissible as evidence before the Police Board and the Department determines a polygraph exam is necessary, the complainant will be requested to take a polygraph exam first. If the complainant refuses to take a polygraph exam, the accused police officer will not be requested to take a polygraph exam. If the complainant takes the polygraph exam and the results indicate deception, the accused officer may be requested to take a polygraph exam covering those issues wherein the examiner determines that the complainant is truthful.
When the polygraph is used, the accused member 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 6.8 — Disclosure.
An officer 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 information is reasonably necessary to monitor the performance of the officer’s job, violations of reasonable Employer rules, statutes, ordinances, or this Agreement. In the administration of fringe benefits applicable to all employees of the Employer, officers 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. 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 of the officer, and/or is intended to otherwise be exempt from any state or local freedom of information statute, ordinance or executive order.
Section 6.9 - Media Information Restrictions.
The identity of an officer under investigation shall not be made available to the media unless there has been a criminal conviction or a decision has been rendered by the Police Board (or by the Superintendent or Complaint Review Panel where no appeal is taken to the Police Board). However, if the officer is found innocent, the officer may request and the Department shall issue a public statement.
Section 6.10 — Discipline Screening Program
The Discipline Screening Program shall be available to officers covered by this Agreement who, as a result of a sustained Complaint Register investigation, receive a recommendation for discipline of fifteen (15) days or less. The Rules of Procedure for the Discipline Screening Program are set forth in Appendix Q of this Agreement.
ARTICLE 7
SUMMARY PUNISHMENT
Section 7.1— Administration of Summary Punishment.
It is agreed that the provisions contained elsewhere in this Agreement shall not apply to Summary Punishment action, which action shall be considered as an alternative to formal disciplinary procedures, provided that in each such action the following shall apply:
A. The Summary Punishment which may be administered conforms to the “Notice To Supervisors Regarding Progressive Discipline,” as set forth in this Agreement, and is limited to:
1. reprimand;
2. excusing a member for a minimum of one day to a maximum of three days without pay.
In lieu of days off without pay, an officer shall be permitted to utilize accumulated elective time to satisfy the Summary Punishment.
B. The Department shall promulgate, maintain and publicize reasonable guidelines which will specify those acts, omissions or transgressions, the violation of which will subject an officer to summary punishment action, and the penalties for each such violation, which shall be uniformly applied.
C. Summary Punishment action may be challenged before the Complaint Review Panel, and the affected officer may be represented by an FOP representative.
Section 7.2 - Challenge of Summary Punishment.
After Summary Punishment has been administered three (3) times within a twelve (12) month period, an officer who wishes to contest the application of Summary Punishment on a fourth occasion within the last twelve (12) months may contest the fourth and/or succeeding applications of Summary Punishment by timely challenge through the Complaint Register process or the grievance procedure. An officer who initiates such action through the Complaint Register process shall have the right to be represented by an FOP representative at the Complaint Review panel.
ARTICLE 8
EMPLOYEE SECURITY
Section 8.1 - Just Cause Standard.
No officer covered by this Agreement shall be suspended, relieved from duty or otherwise 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 officer 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 above, shall not be used in any manner or any forum adverse to the officer’s interests.
Section 8.4 — Use and Destruction of File Material.
All Disciplinary Investigation files, Disciplinary History Card Entries, OPS and IAD disciplinary records, and any other disciplinary record or summary of such record other than Police Board cases, will be destroyed five (5) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, except that not sustained files alleging criminal conduct or excessive force shall be retained 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, and thereafter, cannot be used against the officer in any future proceedings in any other forum, except as specified below, unless the investigation relates to a matter which has been subject to either civil or criminal court litigation or arbitration prior to the expiration of the five-year period. In such instances, the Complaint Register case files normally will be destroyed immediately after the date of the final arbitration award or the final court adjudication, unless a pattern of sustained infractions exists.
Any information of an adverse employment nature which may be contained in any unfounded, exonerated, or otherwise not sustained file, shall not be used against the officer in any future proceedings. Information contained in files alleging excessive force or criminal conduct which are not sustained may be used in future disciplinary proceedings to determine credibility and notice.
A finding of “Sustained – Violation Noted, No Disciplinary Action” entered upon a member’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 officer’s disciplinary record and not used to support or as evidence of adverse employment 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-year period shall continue to run from the date of the most recent preventable traffic accident and any prior incidents may be used and/or considered in employment actions. In no event shall any prior incident five (5) or more years old be used and/or considered.
Section 8.5 — CRP Limitation and Representation.
A Complaint Review Panel (CRP) hearing shall be available to officers covered by this Agreement who, as a result of a sustained Complaint Register investigation receive a recommendation for discipline of fifteen (15) days or less. The CRP is not available in the case of a sustained Complaint Register investigation where the recommended finding is a suspension for sixteen (16) days up to and including thirty (30) days. An officer covered by this Agreement who receives such a recommendation for suspension shall have the option of filing a written report within fourteen (14) working days directly to the Superintendent in order to contest the finding, the recommendation for suspension, or to offer new evidence for the Superintendent’s consideration.
An accused officer appearing before the Complaint Review Panel shall, upon request by said officer, be represented by a representative of the Lodge. The representative may make inquiry on relevant and material issues on behalf of the accused and may present argument and inquire in support of the accused officer’s position, all of which shall at all times be in accordance with the Rules of Procedure for such hearings set forth in Appendix L of this Agreement.
Section 8.6 — Notification.
In the event the Employer receives subpoena or other legal process requiring the inspection, tender or submission of personnel, disciplinary or investigative records and/or files (other than Grand Jury subpoena or other subpoena or process which would preclude disclosure), the Employer will promptly send a copy of such subpoena or process to the officer whose records have been requested and to the Lodge. 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 the Lodge will not be barred from asserting and does not waive any right(s) an officer may have to inspect or to otherwise challenge the use of files under applicable rules, statutes or this Agreement including Article 8.
Section 8.7 — Detectives, Investigators, Gang Crime Specialists, Evidence Technicians, Police Laboratory Technicians, Forensic Investigators and Field Training Officers.
The Employer agrees not to remove officers in the positions of Detective, Investigator, (formerly known as Youth Officer), or Gang Crime Specialist except for just cause.
During this Agreement, the Employer agrees that the ranks of Detective, Investigator, Gang Crime Specialist, Evidence Technician, Police Laboratory Technician, Forensic Investigator and Field Training Officer will not be eliminated from the budget.
ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 — Definition and Scope.
A grievance is defined as a dispute or difference between the parties to this Agreement concerning interpretation and/or application of this Agreement or its provisions. Summary Punishment shall be excluded from this procedure, except as provided in Article 7.2. The separation of an officer 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.
Section 9.2 - Procedures, Steps and Time Limits for Standard Grievances
A grievance may be initiated by the Lodge or an aggrieved officer. Any officer shall have the right to present a grievance at any time, although it is understood that the officer 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 filed in a form to be agreed upon between the Lodge and Employer and shall be processed in accordance with this Agreement. Upon request, the grievant shall be represented by an appropriate Lodge representative, provided, however, the grievant officer may have the grievance adjusted without a Lodge representative, so long as such adjustment is not inconsistent with the provisions of this Agreement.
Step One: Initiating a Grievance. The grievant will first submit his/her grievance in writing to his/her immediate supervisor in his/her unit of assignment within seven (7) of the officer’s working days following the events or circumstances giving rise to the grievance or where first known by the grievant, or thirty-five (35) days, whichever period is shorter. The grievance will be reduced to writing on a pre-printed, standard grievance form set agreed upon between the Lodge and Employer.
Step Two: Supervisory Responses. Within seven (7) days of receipt of the member’s grievance, the supervisor will respond to the grievance on the grievance form set and then immediately present the grievance form set to the Commanding Officer of the unit of assignment. Following the submission of the written grievance, the Commanding Officer shall render a decision in writing within fourteen (14) days of receiving the grievance. The response shall be written on the bottom portion of the pre-printed, standard grievance form set. The Commanding Officer must forward one (1) copy of his/her decision to the grievant, one (1) copy to the Lodge’s unit representative, and three (3) copies to Management and Labor Affairs Section (MLAS). MLAS will then forward to the Lodge a copy of the Commanding Officer’s decision within fourteen (14) days of its receipt. If the grievant is directed by the Employer to meet concerning his/her grievance at a time when the officer is not scheduled to work, he/she shall be compensated for such time at the applicable rate provided for in this Agreement, including the provisions of Article 20.
Step Three: Mediation. If the response at Step Two is not satisfactory to the grievant and the Lodge, the Lodge and MLAS will meet for the purpose of mediation of the grievance. Either party may request the presence of a Mediator at such meeting, the selection of whom shall be mutually agreed upon. The mediation meeting shall be conducted no less than once each month between the Lodge Grievance Chairman, Lodge President or his/her designee and a Department representative having authority to resolve the grievance. The parties shall split evenly the cost of the Mediator’s expenses and fees.
Step Four: Arbitration. If the parties cannot resolve the grievance at Step Three, either party may at any time demand arbitration.
Section 9.3 — Arbitration of Standard Grievances.
If either party proceeds to arbitration, the following procedure shall apply:
A. Within ten (10) days, the Employer and the Lodge 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 American Arbitration Association. Within five (5) days after receipt of the list, the parties shall select an Arbitrator. Both the Employer and Lodge each shall alternately strike names from the list. The remaining person shall be the Arbitrator.
B. The Employer or the Lodge, by mutual agreement, may submit the matter to expedited arbitration under rules to be determined by the parties. Discipline cases may be processed under Expedited Arbitration Rules agreed upon by the parties and subject to the jurisdictional and procedural limitations of the parties’ Expedited Arbitration Rules.
Whenever discipline cases are processed pursuant to the parties’ Expedited Arbitration Rules, the parties shall submit the cases to a screening process, known as the Summary Opinion Process, and the Arbitrator designated by the parties for the process shall issue a Summary Opinion. This report shall be submitted to the parties and reviewed by them each month. The parties shall meet and discuss the recommendations contained in the Summary Opinion for a minimum of two days each month. In the event the cases are not resolved based upon discussions of the parties, the Arbitrator’s summary recommendations will not be binding upon the parties. Any cases not resolved by the Summary Opinion Process shall be submitted to arbitration under the parties’ Expedited Arbitration Rules. The Arbitrator shall issue a minimum of ten (10) Summary Opinions each month.
In all discipline cases, Department Complaint Register files shall be provided to the Lodge promptly after request by the Lodge, or Lodge representatives who are sworn members of the Department shall be allowed to use Department copying equipment to copy the requested Complaint Register files, with appropriate supervision.
C. The parties shall develop a roster of 12 arbitrators who shall commit to pre-schedule hearing dates on a regular basis. From this roster the parties shall schedule a minimum of six (6) cases to be heard in expedited arbitration. The parties shall have the option in any month to decrease the number of cases to be heard that month in expedited arbitration and refer the remainder of cases to the Summary Opinion Process, but only upon mutual agreement to exercise this option. The total number of cases to be heard in either expedited arbitration or the Summary Opinion Process shall be a minimum of twenty-five (25) cases per month. 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 insure that such dates are not cancelled.
The parties shall avoid continuances. Requests for continuances are disfavored and shall be granted only upon showing good cause.
MEDICAL GRIEVANCES
Section 9.4 - Psychological Review.
Grievances concerning involuntary removal from active duty due to psychological or psychiatric reasons will comply with the following procedures:
Step One: An officer who wants to challenge the Employer’s decision to place him/her involuntarily on the medical roll will file a grievance with the Medical Services Section within ten (10) calendar days of being placed on the medical roll, or if the member was on full authorized furlough during his/her involuntary placement, within thirty-five (35) calendar days of being placed on the medical roll.
If the Employer’s psychiatrist/psychologist recommends that the officer 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 officer 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 member who has filed a timely grievance at Step One, and/or when the Employer’s psychiatrist/psychologist recommends that the officer 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, then upon written request made by the Lodge within ten (10) calendar days of notice to the member that he/she is unfit for duty, the Lodge may file a grievance at Step Two and may request review of that decision by a three-member psychological review panel. The officer shall, as promptly as feasible, be evaluated by a panel of three psychiatrists or psychologists, one appointed by the Lodge, one appointed by the Employer and a third appointed by mutual agreement of the Employer’s and the Lodge’s psychiatrist or psychologist knowledgeable about police duties. This panel shall have the authority to examine and evaluate the officer, and recommend whether or not the officer is fit for duty. In making its recommendations, the primary considerations of the 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 conflict of interests between the officer and the Employer.
If the panel recommends that the officer 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 officer 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 member 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 member was fit for duty and the member 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 of the mutually-appointed panel member to be split equally between the parties. The recommendations of the panel shall be binding upon the Employer, the Lodge and the officer.
The Lodge and the Employer acknowledge that procedural disputes which prevent the Psychological Review Panel from going forward with the review process set forth above may arise. The Lodge and the Employer acknowledge that it is in the best interests of all persons involved in the Psychological Review process to have these procedural disputes resolved as promptly and as fairly as possible. Once such a procedural dispute arises, the parties will have seven (7) working days to resolve the dispute. If they cannot resolve the dispute, either party may initiate the Summary Arbitration Process if the dispute involves the timeliness of the grievance or the period of time which the review panel is to consider when determining when the officer became fit. Any other procedural dispute may be submitted to the Summary Arbitration process only by mutual agreement of the parties. The Lodge and the Employer will maintain a group of three (3) arbitrators for the Summary Arbitration Process. One arbitrator will be selected from this group to decide the dispute. The parties will share equally the cost of the arbitrator. At the earliest possible time, representatives of the Lodge and the Employer will appear before the arbitrator. Either party may call witnesses, provided notice is given to the other party before the hearing date is selected. No written briefs will be permitted. No court reporter will be allowed. The arbitrator will issue a decision within ten (10) working days following the hearing. The decision of the arbitrator will be binding on the Lodge, the Employer, and the members of the review panel. The decision will not set a binding precedent on subsequent procedural disputes.
Section 9.5 — Medical Grievances.
Grievances concerning medical issues (excluding issues covered under Section 9.4) shall follow the procedure below. Medical issues are defined as grievances involving medical issues, including but not limited to the nonpayment of I.O.D. bills; removal of an officer from duty for medical reasons; refusal to return an officer to duty from medical roll; classification of an injury as non-I.O.D. and the Benefits Management Office’s denial of payment of medical and hospital bills of an officer or his/her covered dependent 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 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.
All other grievances concerning medical issues will be filed with the Medical Services Section 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. If the determination at Step One is not satisfactory, the Lodge 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 the Lodge, the Police Department, the Benefits Management Office and the Finance Committee of the City Council, 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. The parties shall split evenly the cost of the Mediator’s fees and expenses.
The grievant shall be provided with the relevant medical records within the possession of the Medical Section, the Committee on Finance, Benefits Management Office and Management & Labor Affairs Section. A release shall be required for production of medical records. The relevant medical records shall include the Medical Services Section’s determination of the grievant’s status and the response to the grievance. The above records shall be submitted to the Lodge by the Department within forty-five (45) days of the Department’s receipt of the Lodge’s releases and mediation agenda, setting forth the grievants’ names. Relevant records from the Medical Section, the Committee on Finance, the Benefits Management Office and 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, explanation of benefits, and recommendation to and decision of the Benefits Committee regarding the claim. This definition of relevant records to be produced by the Benefits Management Office does not preclude the Lodge 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, the Lodge 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 the Lodge’s demand for arbitration, the Employer and Lodge shall attempt to mutually agree upon an Arbitrator. If they fail to agree, a list of seven qualified neutrals shall be requested from the American Arbitration Association. Within five (5) days after receipt of the list, the parties shall select an Arbitrator. Both the Employer and the Lodge shall alternately strike names from the list. The remaining person shall be the Arbitrator.
Section 9.6 - Authority of the Arbitrator.
A. Except as specified in Subsection B below, 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 the Lodge within thirty (30) days following the close of 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 of this Agreement to the facts of the grievance presented, and shall be final and binding upon the parties.
B. Any officer who is a member of and adheres to the established and traditional tenets or teachings of a bona fide religion, body or sect which has historically held conscientious objections to financially supporting organizations such as the Lodge, upon proof thereof, may be excused from the obligations set forth in Section 3.1 Article 3; and the Arbitrator may require, in lieu of such obligations, the payment by such officer of a sum equal to the fair share agency fee to a non religious charitable fund exempt from taxation under Section 501(c)(3) of Title 26 chosen by such officer from a list of at least three such funds to be submitted by the Lodge. The Employer shall not participate in but shall be bound by such an arbitration.
1. If an officer who holds conscientious objections pursuant to this section requests the Lodge to use the grievance-arbitration procedure on the officer’s behalf, the Lodge may charge the officer the reasonable costs of using the procedure.
Section 9.7 - Expense of the Arbitrator.
The fee 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 representative(s) and witness(es). 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.
Section 9.8 — Processing and Time Limits.
The resolution of a grievance satisfactory to the Lodge 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 of the last answer by management. 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.
Section 9.9 — Normal Operation.
Grievance meetings shall be scheduled at reasonable times and in a manner which does not unreasonably interfere with the Employer’s operations. Reasonable duty time shall be allowed the grievant officer(s) and the watch representative or unit representative under this Article, for the pre-arbitral steps under Section 9.2.
Section 9.10— Exhaustion.
It is the intent of the parties to this Agreement that the procedures set forth in this Article shall be mandatory as to any grievance unless expressly and specifically excluded by the terms of this Agreement.
ARTICLE 10
NON-DISCRIMINATION
Section 10.1 - Equal Employment Opportunity.
The Employer will continue to provide equal employment opportunity for all officers, and develop and apply equal employment practices.
Section 10.2 — Non-Discrimination.
In the application of the terms and conditions of this Agreement, the Employer shall not discriminate against officers, and employment-related decisions will be based on qualifications and predicted performance in a given position without regard to race, color, sex, religion, age (40-63), sexual orientation, or national origin of the officer nor shall the Employer discriminate against officers as a result of membership in the Lodge. in this Agreement shall be deemed to preclude the mandatory retirement of any officer upon or after the attainment of age 63. Officers shall not be transferred, assigned or reassigned for reasons prohibited by this Section 10.2.
Section 10.3 - Political Activity or Campaigning.
The Employer shall not prohibit a police officer from, or discriminate against, his/her engaging in political activities or campaigning while off duty, provided that the officer does not:
A. wear a uniform or any part thereof which would identify the individual as a police officer, or use property (including documents or records) of the Chicago Police Department:
B. display or otherwise lead others to believe he/she is carrying a badge, baton or gun;
C. hold himself/herself out as a police officer, except that a truthful response to a legitimate question shall not be a violation of this section;
D. engage in such activities in a District(s) where he/she is assigned unless the officer lives in the District except that the Employer shall not transfer an officer into a District for the purpose of preventing him/her from engaging in such activities.
An officer who runs for political office may, but need not, take a leave of absence; provided that if the officer does not choose to take a leave of absence, he/she shall first fully exhaust all accumulated paid time off and any time off thereafter shall be subject to meeting the operational needs of the Police Department.
Section 10.4 - Religious Holiday Accommodation.
The obligation to accommodate the religious beliefs of officers covered by the Agreement is fulfilled if those officers whose religious beliefs require that they not work but who are scheduled to work on a recognized religious holiday are permitted at the officer’s option one of the following choices in order to be excused from their regular tour of duty: (a) the use of a personal day; (b) the use of compensatory time; (c) voluntary change of regular day off (as permitted in Section 20.3 of the Agreement); or (d) 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 10.5 - Americans with Disabilities Act.
In the event the Employer shall be required to make reasonable accommodation under the Americans with Disabilities Act to the disability of an applicant or incumbent officer that may be in conflict with the right of an officer under this Agreement, the Employer shall bring this matter to the attention of the Lodge. 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 the Lodge’s (if any exists) obligations under the Americans with Disabilities Act and this Agreement, provided that no officer 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 1 January
M. L. King Birthday 3rd Monday in January
Lincoln’s Birthday 12 February
Washington’s Birthday 3rd Monday in February
Pulaski Day 1st Monday in March
Community/Police Partnership Day 29 April
Memorial Day Last Monday in May
Independence Day 4 July
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran’s Day 11 November
Thanksgiving Day 4th Thurs. in November
Christmas Day 25 December
Section 11.2 — Compensation for Holidays.
Compensation for the holidays listed in Section 11.1 is granted as follows:
A. Employees who are required to work a regular tour of duty (eight hours) on a holiday will be credited with eight (8) hours of compensatory time and four (4) hours of compensatory time or additional pay, as the officer elects.
B. Employees whose regular day-off coincides with an established holiday will be credited with eight (8) hours of compensatory time.
C. Employees whose regular day off coincides with an established holiday, and who are required to work a regular tour of duty (eight hours) on that holiday, will be credited with twenty (20) hours of compensatory time and four (4) hours of compensatory time or additional pay, as the officer elects.
In the event that an officer covered by this Agreement is required to attend court on his/her regular day off and that day is also a holiday, the officer will be compensated at the rate of double-time for the minimum set forth in 20.5 or double-time for the actual hours worked, whichever is greater, plus eight (8) hours of compensatory time or additional pay, as the officer elects.
D. All hours in excess of a regular tour of duty on a holiday will be compensated in accordance with the provisions of Article 20, Hours and Overtime.
E. Compensatory time will not be credited to an employee on a holiday if he/she is on the medical roll (excluding I.O.D.), absent due to sickness, or death in family, on military leave, suspended, excused non-disciplinary, or on a leave of absence.
Section 11.3 - Personal Day.
For each calendar year, officers shall be entitled to receive, in addition to the days specified in Section 11.1, four (4) personal days. Officers shall not be required to work on a personal day provided that written notice of the personal day is given to the appropriate supervisor no later than ten (10) days prior to the personal day and that the granting of the personal day does not adversely affect Department operations. A holiday specified in Section 11.1 may not be selected as a personal day. Officers covered by this Agreement may elect to be paid for all unused personal days each year in lieu of taking the time off. Where officers elect such payment, the payment shall be made by April 1 of the following year. Officers may carry over up to four (4) 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 23.5.
Section 11.4 - Special Compensation Time
If, as a result of a declaration by the Mayor, all employees of the City of Chicago except for police and fire department employees are given a day off or portion thereof with pay, then all officers who are required to work during such excused time shall be given compensatory time off at 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 of this Agreement, and such holiday is granted to any employee of the Employer, then said holiday shall be added and incorporated into Section 11.1 above and compensated for as provided in Section 11.2 above.
ARTICLE 12
PROMOTIONS
For positions within the bargaining unit for which there is an appointment, selection and promotion process, the Employer will provide the Lodge with copies of any department level directives announcing an appointment and selection process, if any are issued, prior to the time the process is initiated. The Employer will provide the Lodge with the names of officers appointed to those positions. At the Lodge’s request, the Employer will provide the Lodge with material regarding the selection and appointment process.
Effective for BIS D2A examinations that are announced and administered after the ratification of this Agreement which include a written qualifying test, each applicant who takes the written qualifying test shall be given a copy of his/her answer sheet prior to the departure from the test site. Applicants will be allowed to review a copy of the written qualifying test and to challenge items on that test, in writing, during an announced challenge period.
After the BIS D2A selection process is complete and the promotional list has been finalized, the City shall provide the Lodge with a copy of the list, a copy of the written qualifying test and the correct answer key.
The Employer will announce BIS D2A examinations sixty (60) days before the examination is administered, whenever possible
ARTICLE 13
LAYOFFS – RE-EMPLOYMENT
Section 13.1 - Notice of Layoffs.
When there is an impending layoff with respect to any officers in the bargaining unit, the Employer shall inform the Lodge in writing no later than thirty (30)days prior to such layoff. The Employer will provide the Lodge the names of all officers to be laid off prior to the layoff. Probationary officers shall be laid off first, then officers shall be laid off in accordance with their seniority. The officers with the least amount of seniority in the Police Department shall be laid off first, unless special qualifications dictate retention. All officers shall receive notice in writing of the layoff at least thirty (30) days in advance of the effective date of such layoffs.
Section 13.2 — Hiring During Layoffs.
No employees may be hired to perform or permitted to perform those duties normally performed by an officer while any officer is in layoff status. In the event special qualifications requiring expert skills of a technical or professional nature are unavailable in the bargaining unit, but essential to the operation of the Department, the parties shall meet to resolve such issue. If a mutual resolution is not reached, the Employer may invoke the grievance procedure.
Section 13.3 - Recall.
Any officer who has been laid off shall be placed on the appropriate reinstatement list and shall be recalled on the basis of seniority in the Police Department, as provided in this Agreement prior to any new officers being hired.
ARTICLE 14
BULLETIN BOARDS
The Employer shall provide the Lodge with designated space on available bulletin boards, or provide bulletin boards on a reasonable basis, where none are available, upon which the Lodge may post its notices.
ARTICLE 15
SAFETY ISSUES
Section 15.1 — Cooperation.
The Employer and the Lodge agree to cooperate to the fullest extent reasonably possible to promote the use of safe equipment and facilities.
Section 15.2 - Safety Committee.
Up to a maximum of five (5) officers designated by the Lodge and five (5) persons designated by the Employer shall comprise a Safety Committee for the purpose of discussing and investigating safety and health issues relating to officers and to recommend reasonable safety and health criteria relating to equipment and facilities. The Committee shall meet at least once each calendar quarter or more frequently by mutual agreement. Formal recommendations of the Committee shall be submitted in writing to the Superintendent of Police with a copy to the Lodge, but such recommendations shall not be binding upon the Employer or the Lodge. In addition to Committee recommendations, the Lodge may submit additional written recommendations to the Superintendent.
For purposes of this section, the term “investigating” shall be limited to the right of the Lodge Committee members to obtain information upon request and observe conditions regarding identified safety and health hazards and to discuss such matters with officers and members of management provided such discussions do not unduly interfere with the performance of duty by any officer or Committee member.
In the event the Employer agrees in writing to adopt the recommendation of the Committee or the Lodge, 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 disagrees with the recommendation of the Committee or the Lodge, he/she shall so notify the Committee or the Lodge in writing. Within ten (10) calendar days of such notice, the Lodge 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 an officer 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 not be exclusive and shall not affect the right of an officer or the Lodge 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 of this Agreement.
Section 15.3 - Disabling Defects.
No employee shall be required to use any equipment that has been designated by both the Lodge 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 police officer will notify his/her supervisor, complete required reports, and follow the supervisor’s direction relative to requesting repair, replacement or the continued operation of said vehicle.
Section 15.4 — Notice.
The Employer shall post in conspicuous places where notices to officers are customarily posted, all safety and health notices required by law.
ARTICLE 16
SECONDARY EMPLOYMENT AND SPECIAL EMPLOYMENT
Section 16.1 — Secondary Employment.
The Employer reserves the right to restrict secondary employment when it has reasonable cause to believe that the number of hours which the officer spends on secondary employment is adversely affecting his/her performance as a police officer. The Employer retains the existing right to limit, restrict or prohibit the nature or type of secondary employment that an officer undertakes.
Section 16.2 — Special Employment.
The special employment program is a voluntary program which allows officers covered by this Agreement to work on their off days for the Chicago Housing Authority or the Chicago Transit Authority. Participation in this program is subject to the provisions listed below.
Nothing in this Agreement affects the ability of the command and supervisory personnel assigned to the Special Functions Group to disqualify officers for future assignments based on their performance while working the special employment program.
A. An officer serving suspension, serving summary punishment, on the medical roll or on limited duty is prohibited from participating in the program
B. An officer must maintain a performance rating of 76 or better to be considered for the program.
C. An officer with three (3) sustained Complaint Register Numbers and/or SPARs within a six (6) month period will not be considered for the program.
D. An officer with five (5) or more days on the medical roll (not including I.O.D.) in a police period will not be allowed to work special employment for the remainder of the police period.
E. An officer will not be considered for the special employment program if the Employer has just cause to suspend the officer from the special employment program.
If the discipline that formed the basis for the disqualification is subsequently overturned by an arbitrator, the grievant will be entitled to the compensation the grievant would have earned had the grievant been otherwise qualified to participate in the program. This reimbursement applies only to officers who participate in the special employment program.
ARTICLE 17
FOP 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 FOP representatives, including Watch and Unit 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 the Lodge.
Section 17.2 — Leave from Duty.
In addition to the Lodge President, six (6) officers covered by this Agreement shall, upon written request, be granted leave from their duties for the Employer for the purpose of performing full time duties for the Lodge. During such a leave, the Employer will continue to pay said officers all salary and maintain all benefits, including pension contributions and seniority accruals, as if the officers were on full duty with the Employer, provided that, effective 07-01-01, the Lodge reimburses the Employer an amount equal to the salary and benefits and provided that the Employer shall remain responsible for its portion of the pension contribution. The duration of such a leave shall not exceed three (3) years, but shall be renewable in the same duration. Such leaves may be revoked only by written notice to the Employer from the President of the Lodge. Up to two (2) additional officers covered by this Agreement who shall be elected to a State Lodge and/or the National Office of the Fraternal Order of Police shall, upon written request, be granted leave from duties for the Employer under the same terms and conditions previously set out in this Section.
Section 17.3 — Attendance at Lodge Meetings.
Subject to the need for orderly scheduling and emergencies, the Employer agrees that elected officials and members of the Board of Directors of the Lodge shall be permitted reasonable time off, without loss of pay, to attend general, board or special meetings of the Lodge, 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 officers shall be certified in writing to the Employer. Unit representatives shall also be included within the provisions of the preceding sentence, provided that such time off for such Unit representatives shall be without pay, unless the Unit representative has compensatory time available and elects to use it.
Section 17.4 — Grievance Processing.
Reasonable time while on duty shall be permitted Lodge representatives for the purpose of aiding or assisting or otherwise representing officers 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 reasonable number of appointed or elected delegates will be permitted to attend state and national conferences of the FOP. 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 twenty-two (22) members of the FOP Board of Directors will be permitted to attend state and national conventions of the FOP 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 — Lodge Negotiating Team.
Members designated as being on the Lodge negotiating team who are scheduled to work on a day on which negotiations will occur, shall, for the purpose of attending scheduled negotiations, be excused from their regular duties without loss of pay. If a designated Lodge negotiating team member is in regular day-off status on the day of negotiations, he/she will not be compensated for attending the session.
Section 17.7 - Lodge Activity.
The Employer shall not prohibit discussion, solicitation, or distribution of literature, among officers covered by this Agreement with respect to matters concerning Lodge affairs, unless such activity interferes with the performance of the duties of any 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 City government.
ARTICLE 18
DISABILITY INCOME
Section 18.1 - I.O.D.
Any officer absent from work on account of injury on duty (I.O.D.) for any period of time not exceeding twelve (12) months shall receive for each such I.O.D. full pay and benefits for the period of absence, provided such injury or illness is certified by the Department’s physician. Such certification shall not be unreasonably withheld.
Officers who have exhausted said twelve (12) month paid I.O.D. leave shall be given the option to voluntarily go on non-paid medical leave instead of disability pension, provided:
A. The officer must exhaust all furlough, personal days, baby furlough days, and accumulated compensatory time;
B. Such non-paid leave shall continue for no more than three months, plus an extension of no more than three months, and shall not be granted or extended unless the Employer determines that the officer is likely to return to duty within the period of the leave or extension thereof; and
C. Such non-paid leave shall be subject to Section 23.1.B(2) herein below, and shall not be deemed duty disability leave.
Section 18.2 - Non-I.O.D.
Any officer absent from work on account of non-I.O.D. 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 Services Section. Such certification shall not be unreasonably withheld.
Section 18.3 - Limited Duty I.O.D.
Officers injured in the line of duty, who are certified by the Medical Services Section as being able to perform limited duty assignments, shall be given limited duty assignments until they can perform regular duty assignments, or until they are mandatorily retired, whichever occurs first.
Section 18.4 - Recognized Openings.
Any officer who is certified by the Medical Services Section as being able to perform a limited duty assignment may be placed by the Employer in a recognized opening, as defined in Section 23.9, notwithstanding anything in Section 23.9 to the contrary.
Section 18.5 — Certification.
Certification that an officer has been injured in the line of duty shall not be unreasonably withheld.
Section 18.6 - Return to Duty.
In order to enable officers applying to return from leave for injury or illness to be processed back to duty as soon as possible, the Employer shall advise such officers 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 arts acting within the scope of his or her license, including, but not limited to, chiropractors, in its determination of whether an officer 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 officer’s return and said tests were not, and are 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 officer 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 days or less, except for good cause.
Section 18.7 — Advisory Committee.
The Employer and the Lodge shall establish a joint Committee to develop solutions to problems of medical leave cost and abuse. The Committee shall be advisory only.
Section 18.8 - Injuries on Duty and Recurrence Claims.
The Employer and the Lodge have agreed upon procedures which will be followed by the Medical Services Section when an officer reports an injury on duty or a recurrence of an injury on duty. Those procedures are set forth in Appendix N of this Agreement.
Section 18.9 — Employer Responsibility for Hospital, Medical and Prescription Costs and Pension Contributions.
Pending the final determination of benefits by the Fund, officers covered by this Agreement who apply for duty, ordinary, or occupational disability benefits will be required to contribute the same amount as active officers for health care benefits; and the Employer will continue to provide the same health care benefits.
Officers who receive duty or occupational disability benefits will continue to receive those benefits at no cost without any refund of their previous contributions. Officers who are awarded ordinary disability benefits will be required to contribute at the Public Health Services Act (PHSA) rate reduced by the administrative fee of 2%, as of the first day of the month following the Fund’s final determination of the officer’s claim.
The Employer agrees to pay all hospital, medical and prescription costs of an officer who is on a leave of absence for duty or occupational disability purposes, all at no cost to the employee. The Employer shall make pension contributions on behalf of the employee as if the employee had remained in active service.
Section 18.10 — Medical Benefit Statement
Upon the written request of an officer who is injured or become sill 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 an officer 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 officer 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 officers leave without loss of pay, as the result of 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 of the funeral only) including regularly-scheduled days off, immediately following the death of a member of the immediate family.
Annual and time-due furlough will not be extended as a result of death occurring in the officer’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 officer’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 employee shall be granted three (3) consecutive days of leave including regularly-scheduled days off immediately following the death provided that the employee has registered the name of the employee’s domestic partner with the Department of Personnel.
Domestic partners are defined as two persons, regardless of their gender, who have a close personal relationship, sharing the same regular and permanent residence for at least six months, are eighteen 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 an officer is entitled to bereavement leave pursuant to Section 19.1 above, and where death occurs and the funeral is to be held out of Illinois and beyond the states contiguous thereto, the officer shall be entitled to a maximum of five consecutive days. For purposes of this Section, those states contiguous to the State of Illinois are: Missouri, Iowa, Wisconsin, Indiana, Kentucky and Michigan.
ARTICLE 20
HOURS AND OVERTIME
Section 20.1 - Work Day and Work Week..
All time in excess of the hours worked in the normal work day (8 hours) and the normal work week (40 hours) shall be compensated as provided in Section 20.2.
Section 20.2 — Compensation For Overtime.
All approved overtime in excess of the hours required of an officer by reason of the officer’s regular duty, whether of an emergency nature or of a non-emergency nature, shall be compensated for at the rate of time-and-one-half. Such time shall be computed on the basis of completed fifteen (15)-minute segments.
The officer shall have the option of electing pay or compensatory time, at the rate of time-and-one-half, for approved overtime hours worked provided that, effective April 15, 1986, officers may accumulate a maximum of 480 hours compensatory time as a result of earned overtime for hours worked in excess of 171 per 28 day period.
Section 20.3 — Sixth and Seventh Day Work.
An officer 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 (6th) day and seventh (7th) day. An officer who performs work on a regular day off which has been cancelled, will receive a minimum of eight (8) hours compensation or compensation at the rate of time-and-one-half times the actual hours worked, whichever is greater. Voluntary schedule changes will be exempt from this provision.
Section 20.4 - Call-Back.
A call-back is defined as an official assignment of work which does not continuously precede or continuously follow an officer’s regularly-scheduled working hours. Officers who are directed to report to any of the Employer’s premises or other specified location or are authorized to attend a beat meeting at a specified time on a regular scheduled work day or required to report to the Medical Section or are authorized to attend a beat meeting at a specified time on the officer’s regular day off, shall be compensated for two (2) hours at the appropriate overtime rate or be compensated for the actual time worked, whichever is greater, at the overtime rate.
Section 20.5 - Court Time.
Officers required to attend court outside their regularly scheduled work hours shall be compensated at the overtime rate with a minimum of two (2) hours, except (1) if the court time is during the officer’s compensatory time and the officer knew of the court date before his/her request for compensatory time was approved, (2) while the officer is on paid medical leave, or (3) if the officer is compensated for such time by a secondary employer.
Officers required to attend authorized court or authorized pretrial conferences within one (1) hour immediately preceding their normal tour of duty will be compensated at the overtime rate for one (1) hour. Officers required to attend authorized court or authorized pretrial conferences commencing during their tour of duty and extending beyond the normal end of the tour of duty 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 court or at conclusion of the pretrial conference.
Court appearances during off-duty hours 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 court on the same day will be computed at the rate of time-and-one-half in the following manner:
A. 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.
B. 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 at 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 - Volunteer Tour of Duty.
Volunteers working a tour of duty (daily or weekly) other than that specified in Section 20.1 shall be compensated at the overtime rate only when that tour of duty exceeds the designated hours.
Section 20.7 - Change of Schedule.
The Employer’s right to assign officers for duty at any time and at different times during each 28-day police period remains unrestricted and unchallenged. Watch assignments and designated starting times shall be established and posted for each police period.
[Missing text] in-service training (including individualized training) with a maximum of six (6) programs per year for a maximum of eighteen (18) days per year and with seven (7) days’ notice to the officer; or
B. elective training (elective training are job-related programs the Department makes available to officers and in which the officer elects to participate); or
C. mandatory proficiency training for employees receiving D-2 or D-2A pay or otherwise receiving specialist or premium pay because of the position or assignment held, with a maximum of six (6) programs per year, for a maximum of thirty (30) days per year and with seven (7) days’ notice to the officer; or
D. pre-service training for promotions; or
E. court appearances in excess of two (2) consecutive days; or
F. initial assignment when detailed to the Alternate Response Section.
However, starting times may be adjusted by the Employer: (1) plus or minus two (2) hours from the designated starting times; or (2) for up to seven (7) hours within an officer’s assigned watch for circumstances not known to the Department 48 hours prior to the start of the police period. Provided that where an officer who has been scheduled to attend in-service training and does not attend because of circumstances beyond the reasonable control of the Employer, the Employer may reschedule said officer for said in-service training without payment of premium time hereunder.
Any adjustment inconsistent with the above provision, made after the start of the 28-day police period, will result in payment in accordance with Section 20.2 for the hours worked outside of the officer’s tour of duty scheduled at the beginning of the officer’s 28-day police period for that period. Shift changes during a police period made voluntarily at the request of an officer and upon approval of the Employer shall not require additional compensation.
This Section does not apply to a condition where the Superintendent of Police and the Mayor have determined in writing that a serious emergency condition exists or to officers assigned to duties which by their very nature require changes in starting times, including: personnel working in the Office of the Superintendent, working in the Patrol Division who are assigned to District Tactical Teams, First and Eighteenth District Foot Patrol units, Patrol Division Administration, the Detail Unit, the Labor Relations Section, the Mounted Unit and the Special Operations Section, Internal Affairs Division, Bureau of Staff Services, Personnel Division Personnel Investigations Section, Summer Mobile Force, Organized Crime Division, Special Events Unit, Detached Services Unit, Operational Services Administration, Youth Division Special Investigations Unit, Auto Theft Special Investigative and Stripping Teams, Central Investigation Unit, Detective Division Mission Teams and officers assigned to dignitary protection duties as part of their regular duties, or temporary replacements therefor, excluding officers assigned to visiting dignitaries; and up to two officers assigned to the immediate staff of exempt commanding officers. Due to the particular scheduling requirements for officers assigned to the School Patrol Unit, no additional compensation shall be paid to any such officer who is reassigned (including reassignment to a different watch) during any police period which includes the end of the school year or the start of the school year.
Section 20.8 - Stand-By.
Where the Employer requires an officer to remain on standby, available for work, and the officer is not able to come and go as he/she pleases, such time shall be paid as time worked.
Section 20.9 - Day-Off Change
Days off assigned on “change day” shall remain unchanged for the duration of each 28-day police period except for:
A. in-service training (including individualized training) with a maximum of seven (7) programs per year for a maximum of twenty-eight (28) days per year and with seven (7) days’ notice to the officer; or
B. elective training (elective training are job-related programs the Department makes available to officers and in which the officer elects to participate); or
C. mandatory proficiency training for employees receiving D-2 or D-2A pay or otherwise receiving specialist or premium pay because of the position or assignment held, with a maximum of twelve (12) programs per year, for a maximum of thirty (30) days per year and with seven (7) days’ notice to the officer; or
D. pre-service training for promotions.
Section 20.10 - Day-Off Group Assignment.
In the event the Employer determines to change an officer’s day-off group assignment, the Employer shall seek volunteers to satisfy its needs; provided, however, (1) if there are more volunteers than required, the volunteers with the greatest seniority on the watch in the day-off group affected shall be changed, and (2) if there are not sufficient volunteers, the officers with the lowest seniority on the watch in the day-off group affected shall be changed; provided further, said officers meet the Employer’s needs.
Section 20.11 — Accumulation of Compensatory Time.
The Employer will not restrict an accumulation of compensatory time subject to Section 20.2; and the number of hours of compensatory time which an officer has on record shall not be the controlling factor in determining whether an officer will be allowed to take time due.
Section 20.12 - Back to Back Shifts on Change Day.
An officer shall normally not be required to work more than four hours on the first watch on change day if he/she has worked a full tour of duty on the third watch on the proceeding day. If he/she is required to work more than four hours on a change day on the first watch, he/she shall be paid at the rate of time-and-one-half for the hours worked on the first watch on change day.
Section 20.13 - Duty Availability Allowance.
A. Effective on each of the following effective dates, all officers shall be paid the following quarterly amounts:
Effective Date Per Quarter
January 1, 2001 $ 580.00
January 1, 2002 $ 605.00
January 1, 2003 $ 630.00
B. In accord with applicable law, the Employer shall treat duty availability allowance payments as pensionable .
C. Entitlement to duty availability pay is not dependent on an officer being present for duty for an entire pay period.
ARTICLE 21
UNIFORMS
Section 21.1 — Uniforms and Equipment Advisory Committee.
The Lodge shall establish a three (3) member Uniforms and Equipment Advisory Committee. The Committee’s function will be to offer recommendations relative to additions or deletions in the Departments 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 Uniform and Equipment Advisory Committee will be advisory only.
Section 21.2 — Major Change.
The Department will apprise the Uniform and Equipment Advisory Committee of the Lodge whenever major changes to the Uniform and Personal Equipment Program are anticipated.
Section 21.3 — Uniform Allowance.
Each officer covered under this Agreement shall receive a uniform allowance of $1,300.00 per year, payable in three (3) installments of $450.00, on February 1 and August 1 and $400.00 on December 1 for the year 2001.
Beginning in 2002, each officer shall receive a uniform allowance of $1,500.00 per year, payable in three (3) installments of $500.00 on February 1 August 1, and December 1 of 2002.
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 November 15, 1981.
Section 21.5 — Uniform Option.
Subject to seasonal uniform requirements, the prescribed dress uniform may be worn at any time at the officer’s option. The current optional winter leather jacket is reclassified as an alternative to the prescribed long cloth coat, but an officer shall not be required to own both. When performing administrative/clerical duties inside a facility, the prescribed uniform short sleeved shirt may be worn irrespective of seasonal uniform requirements.
Section 21.6 - Lost Shields.
In cases where discipline is warranted, the maximum suspension for the first offense of loss of shield shall be one-half day to be implemented by reducing the officer’s compensatory time by four (4) hours or one actual one-half day suspension without pay if the officer does not have available compensatory time.
INDEMNIFICATION
Section 22.1 - Employer Responsibility.
The Employer shall be responsible for, hold officers harmless from and pay for damages or monies which may be adjudged, assessed, or otherwise levied against any officer covered by this Agreement, subject to the conditions set forth in Section 22.4.
Section 22.2 - Legal Representation.
Officers shall have legal representation by the Employer in any civil cause of action brought against an officer resulting from or arising out of the performance of duties.
Section 22.3 — Cooperation.
Officers shall be required to cooperate with the Employer during the course of the investigation, administration or litigation of any claim arising under this Article.
Section 22.4 — Applicability.
The Employer will provide the protections set forth in Sections 22.1 and 22.2 above so long as the officer is acting within the scope of his/her employment and where the officer cooperates, as defined in Section 22.3, with the City of Chicago in defense of the action or actions or claims.
Section 22.5 - Expedited Arbitration.
Grievances alleging a violation of Article 22 may be initiated at Step Four of the grievance procedure. In arbitrations thereunder, unless the parties agree otherwise, hearing shall commence within thirty (30) days of the selection of the 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 an officer’s continuous length of service from the date of last hire as a police officer, subject to subsection B below.
The seniority of an officer retained beyond the twelve month probationary period shall date back to the last date of hire as a police officer and be subject to the deductions provided in subsection B.
In the event two or more officers have the same seniority date, the older officer, as determined by referring to the officers’ date of birth as recorded on their employment application, shall receive the higher seniority status.
B. There shall be only one seniority for officers covered by this Agreement and that seniority shall control for the purpose of determining rights, benefits, and other conditions of employment affected by seniority under this Agreement, subject to the following:
1. Suspensions occurring before July 1, 1981 shall be deducted in computing continuous length of service for purposes of determining advancement within the salary schedule, amount of furlough, and seniority for other purposes covered by this Agreement.
2. All absence from the Employer’s service without pay as a result of leaves for more than thirty (30) days (other than military, duty, occupational or ordinary disability) and all unexcused absences shall be deducted in computing continuous length of service for purposes of determining advancement within the salary schedule, amount of furlough, and seniority for other purposes covered by this Agreement.
3. Effective January 1, 1984 only the days absent in excess of a thirty (30) day leave from the Employer’s service without pay (other than military or duty disability) shall be deducted in computing continuous length of service for purposes of determining advancement within the salary schedule, amount of furlough, and seniority for other purposes covered by this Agreement.
C. The seniority for officers who resigned after August 18, 1981, applied for reinstatement within one (1) year, and were subsequently rehired prior to January 1, 1984 shall be computed by deducting time lost due to resignation and as provided for in subsection B.
D. The seniority of an officer and the employment relationship shall be terminated in the following circumstances:
1. Resignation;
2. Separation (discharge);
3. Retirement;
4. Unauthorized absence for four (4) consecutive working days without notice to the Employer;
5. If laid off, failure to report fit for duty within seven (7) days of delivery of written notification of recall to the officer’s last known address which notification shall be simultaneously provided to the Lodge;
6. Failure to report fit for duty upon termination of an authorized leave of absence; and
7. Laid off for a period of time as set forth in the City of Chicago Personnel Rules as in effect on Dec. 31, 1983.
Section 23.2 - Furlough Scheduling.
An officer shall select his/her furlough within the unit of assignment, or if detailed for 28 days or more prior to the date selection begins, within the unit of detail on the basis of seniority on the watch. Officers may elect to take their full furlough or split the furlough to which they are entitled into two equal segments. Both furloughs, if split, shall be determined in one process and on the basis of seniority. A full furlough will commence on the 1st day of a police period. A split furlough will commence on either the 1st or 15th day of a police period.
Compensatory time furloughs will not be scheduled for officers who split their annual furloughs; however, such officers shall be allowed to take a compensatory time furlough by utilizing elective days between regularly-scheduled weekends off, 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.
The day-off group of an officer on furlough (full or split) will not be changed during the remainder of the week in which the officer is scheduled to return, unless an officer 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.
Officers who elect to either split their annual furloughs into two segments or take a full annual furlough will be returned to the day-off group they were in at the time their furlough or furlough segments were selected. Affected officers will notify their unit commanding officer two (2) weeks prior to the beginning of the furlough segment if their day-off group must be changed to match the original group. The change in day-off group should take place on the Sunday preceding the first day of the furlough segment.
Section 23.3 - Promotion.
Seniority shall be considered in the promotion of officers covered by this Agreement. In considering officers for promotion, seniority shall in competitive testing, be utilized as a tie-breaker.
Section 23.4 - Seniority List.
The Employer shall prepare a seniority list. The list shall be made available to officers in each unit. The Lodge shall receive a copy of said list at least once each year. In addition to a seniority list by seniority, the Lodge shall be provided a seniority list in alphabetical order at least once each year.
Section 23.5 — Priority Schedule for Use of Elective Time.
Any dispute within a unit as to the selection of a personal day provided for in Section 11.3 shall be resolved by seniority.
Elective time used for an authorized furlough extension as defined in Section 29.A.4 shall receive first priority provided that a written request is submitted at least fourteen (14) days prior to the beginning of a furlough or furlough segment.
Section 23.6 - Overtime for Pre-Planned Events.
The following procedures will apply in case of events which will require the cancellation of days off and for which the Department has received a minimum of 21 days’ prior notice.
In those units which have been designated to provide personnel, seniority will be the dominant factor in the selection of officers required to work their regular days off, provided that the member to be selected possesses the necessary skill or special qualifications to perform the duties required. The Employer shall seek volunteers on the basis of seniority from among those qualified officers in said unit. If there are insufficient qualified volunteers, the Employer shall select officers on the basis of reverse seniority, provided that the Employer may assign probationary officers without regard to seniority.
The Employer will post a notice of such events on the unit bulletin board and officers desiring to exercise the option to work will notify their unit commanding officer within seven days of the date the notice was posted.
For the purpose of pre-planned overtime assignments, a unit may be defined as a bureau, division, district, watch, tactical team, etc.
For duty on election or primary days, seniority will be the dominant factor in the selection of members required to work their regular day off in the polling place. Those officers who work overtime will be compensated in accordance with Sections 20.1 and 20.2. For purposes of this paragraph, officers in tactical teams on their regular day off shall be treated the same as other officers on the same watch in the same district, subject to operational needs.
For purposes of this paragraph, the Employer will select officers to work a four- (4) hour extended tour of duty on election or primary days on the basis of seniority from among those qualified officers working the affected watch who volunteer for the extended tour. If and to the extent that there are insufficient volunteers, the Employer shall select officers from the affected watch on the basis of reverse seniority.
Section 23.7 - Holiday Assignment.
When operational considerations require that some officers of a unit work on a holiday, as defined in Section 11.1 of this Agreement, the most senior officers will be given the option to work, provided that the holiday is not an officer’s regular day off or a part of an officer’s approved furlough extension and that the officer possesses the necessary skill or special qualifications to perform the duties required.
For the purpose of holiday assignments, a unit may be defined as bureau, division, section, group, watch, district, etc.
Section 23.8 - Filling Recognized Vacancies.
This Section shall apply only to the following: Public Transportation Section including the Public Transportation Canine Unit, Public Housing Sections North and South, the Special Activity Section, Traffic Section/Detail Unit, Traffic Enforcement Unit, Traffic Court/Records Unit, Traffic Safety & Training Unit, Major Accident Investigation Unit, Loop Traffic, District Law Enforcement, Airport Law Enforcement North and South, Mounted Unit, Marine Unit, Gun Registration Section, Records Inquiry Section, Field Inquiry Section, Evidence & Recovered Property Section, Police Document Services Section, Central Detention Section, Auto Pound Section (D-1 Officers), Electronics and Motor Maintenance Division (D-1 Officers), Office of Emergency Communications (excluding the Alternate Response Section), Area Criminal Investigations, Missing Persons Section, Juvenile Court Liaison Section, School Patrol Unit and Youth Investigation Group Areas (excluding Youth Investigation Group Special Investigation Unit and Youth Investigation Group Administration), Auto Theft Section, Bomb and Arson Section (except bomb technicians), excluding the immediate staff of each exempt commanding officer not to exceed two (2) staff members.
A vacancy for purposes of this Section (“recognized vacancy”) exists when an officer is transferred, resigns, retires, dies, is discharged, when there are new units created, or when the Department increases the number of employees in a unit, except for details for not more than three (3) months, provided that, in any event, this Section 23.8 shall not apply to (1) the Summer Mobile Force detail from the last change day before Memorial Day to the first change day after Labor Day, and (2) the Auto Snow Tow detail from the last change day before December 1 to the first change day after April 1. The Employer shall determine at any time before said vacancy is filled whether or not a recognized vacancy shall be filled. If and when the Employer determines to fill a recognized vacancy, this Section shall apply.
In order to avoid the inefficiency of chain-effect bidding, the vacancy created by the reassignment of a successful bidder shall be a recognized vacancy herein; however, subsequent vacancies created thereby shall be filled within the Department’s discretion. Further, there is no recognized vacancy created as a result of emergencies, or when an officer is removed for disciplinary reasons for up to 30 days. When an officer is removed for disciplinary reasons for more than 30 days, a recognized vacancy is created.
The Employer shall post a list of recognized vacancies, if any, stating the requirements needed to fill the opening, at least 14 days before the start of the 28-day police period. A copy of such postings shall be given to the Lodge. Non-probationary officers within the same D-1 salary grade or D-2 job classification, within 72 hours of the time the list has been posted, may bid on a recognized vacancy in writing on a form to be supplied by the Employer. One copy of the bid shall be presented to the Employer; one copy shall be forwarded to the Lodge; and one copy shall be retained by the officer. Bidding under this Section 23.8 may only be for a recognized vacancy in a specific unit without regard to shift, day off, unit duty assignments, etc. The Employer shall respond to the successful bidder and the Lodge no later than 3 days prior to the change day for the new 28-day police period. During the bidding and selection process, the Employer may temporarily fill a recognized vacancy by assigning an officer to said vacancy until the recognized vacancy is filled.
An eligible bidder shall be an officer who is able to perform in the recognized vacancy to the satisfaction of the Employer after orientation without further training. The Employer shall select the most senior qualified bidder when the qualifications of the officers 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, except that the parties recognize that the unique operational needs of the Employer require flexibility in the delivery of public service and to meet this need the Employer may fill 20% of the recognized vacancies within its discretion, provided that, if the Employer does not utilize any or all of its 20% exception in any personnel order, the remainder of the unused exception may be carried forward and used to fill future recognized vacancies within a twelve (12)-month period.
Upon the effective date of this Agreement, an exception to the above paragraph will apply to Airport Law Enforcement North and South, the School Patrol Unit, and the Traffic Section/Detail Unit, 33% of all recognized vacancies in each of these units occurring after the ratification of the Agreement through 30 June 2003 shall be filled by bid.
Bidding procedures will be done in conformance with the Memorandum of Understanding in this Agreement. The 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 except for (1) emergencies for the duration of the emergency, (2) for just cause or (3) where the Superintendent determines that the officer’s continued assignment would interfere with the officer’s effectiveness in that assignment. When there are no qualified bidders, the Employer may fill the recognized vacancy within its discretion.
Section 23.9 - Filling Unit Duty Assignments.
This Section shall apply only to the following jobs within the units set forth in Section 23.8: Warrant Clerk, Summary Investigation Detective, Review Investigation Detective, Review Officers, Detective Division Administrative Desk Duty Assignment, Area Youth Investigations Administrative Desk Duty Assignments (limited to one bid position each for the second and third watch in each area); and District Desk, District Watch Relief, Lockup, or Airport Law Enforcement Section Explosive Detection Canine Officer only as specifically set forth below. The Employer agrees not to eliminate any Unit Duty Assignments listed in this Section for the duration of this contract.
An opening in a unit duty assignment for purposes of this Section (“recognized opening”) exists when an officer performing the above unit duty assignments is to be transferred, resigns, retires, dies, is discharged, when there are new unit duty assignments created, or when the Department increases the number of employees in a unit, except for details for not more than three (3) months. An officer’s assignment to a detail shall not be rolled over solely for the purpose of avoiding the effect of this Section. The Employer shall determine at any time before said opening is filled whether or not a recognized opening shall be filled. If the Employer decides to fill a recognized opening utilizing Section 18.4, the Employer must provide the Lodge with the name of the limited duty officer within ten (10) days of filling the recognized opening. If and when the Employer determines to fill a recognized opening other than utilizing Section 18.4, this Section shall apply. Further, there is no recognized opening created as a result of emergencies, or when an officer is removed for disciplinary reasons for up to thirty (30) days. When an officer is removed for disciplinary reasons for more than thirty (30) days or when an officer is relieved of his/her police powers for more than ninety (90) days for reasons other than placement on the medical roll, a recognized opening is created.
In the event a recognized opening is to be bid under this Section, the Employer shall post within the unit on the first Wednesday of the next police period a list of recognized openings therein, if any, stating the requirements needed to fill the opening. This list will remain posted for seven (7) calendar days. A copy of such postings shall be given to the Lodge at the time of the bid posting. Non-probationary officers within the same unit and within the same D-1, D-2 or D-2A job classification, may bid on a recognized opening in writing on a form to be supplied by the Employer. One copy of the bid shall be presented to the Employer, one copy shall be forwarded to the Lodge, and one copy shall be retained by the officer. The Employer shall respond to the successful bidder and the Lodge no later than three (3) days prior to the change day for the new 28-day police period. During the bidding and selection process, the Employer may temporarily fill a recognized opening by assigning an officer to said opening until the recognized opening is filled by bid; however, the Employer may not assign officers to a vacated position to avoid bidding the recognized opening.
An eligible bidder shall be an officer who is able to perform in the recognized opening to the satisfaction of the Employer after orientation. The Employer shall select the most senior qualified bidder when the qualifications of the officers 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.
The successful bidder may not bid for another recognized unit duty assignment opening for one (1) police period year. A successful bidder may not be reassigned except for (1) emergencies for the duration of the emergency, (2) for just cause, (3) where the Superintendent determines that the officer’s continued assignment would interfere with the officer’s effectiveness in that assignment, or (4) temporary unit duty assignments for operational needs, provided the Employer shall not fill the vacated unit duty assignment. When there are no qualified bidders, the Employer may fill the recognized opening within its discretion. Unit duty assignments in District Desk, District Watch Relief, or Lock-up shall be treated in accordance with this Section 23.9 in all respects except the following: (1) only non-probationary officers within the same watch and within the same D-1 salary grade shall be eligible to bid for recognized openings in such assignments.
The District Watch Secretary position may be filled at the Employer’s discretion. These positions are limited to one (1) position per watch in each district. If the Employer decides to fill the District Watch Secretary position, the daily unit duty assignment sheets will identify the officer assigned to the District Watch Secretary position. The duties and responsibilities of the District Watch Secretary are to be determined by the Employer provided that the lockup, review and the desk officer bid positions as set forth in the Agreement shall be filled by either the bid officer or District Watch Relief personnel prior to filling these positions with the District Watch Secretary.
Section 23.10 — Non-Disciplinary Demotion.
In the event of non-disciplinary demotions for economic reasons, the Employer shall select the most junior officer when the qualifications of the officers involved are equal. In determining qualifications, the Employer shall not be arbitrary and capricious, but shall consider training, education, experience, skills, ability, demeanor and performance.
Section 23.11 - Details.
Officers assigned to units designated to provide personnel to the Summer Mobile Force, Expressway Detail, Auto Snow Tow Detail, and the Winter Holiday Season Traffic Detail will be permitted to bid for this detail on the basis of seniority. If and to the extent that there are insufficient qualified bidders from a designated unit to meet that unit’s allocation, the Employer will select officers who are deemed qualified by reverse seniority from the designated unit to fill that unit’s allocation.
If the Employer decides to assign an officer to a detail outside the area, district, or unit, to a sports event, parade, festival, or labor dispute, or to another event detail which constitutes a tour of duty, the Employer shall announce the detail at a roll call preceding the event, which roll call is for the same roll call on the same watch in the same unit from which officers are to be assigned to the detail. If notification at roll call is not feasible or appropriate, the Employer shall determine the method of notification. The Employer shall select officers to work the detail on the basis of seniority from among those qualified officers on said watch who are not in bid jobs and who volunteer for the detail. If and to the extent that there are insufficient qualified volunteers, the Employer shall select officers on the basis of reverse seniority. The Employer may assign probationary officers during their initial twelve (12) month period of probation without regard to seniority.
When the Employer decides to assign an officer to a detail outside the officer’s unit of assignment for more than ten (10) days to a unit listed in Section 23.8 to provide relief for a temporary manpower shortage due to furlough, medical, or suspension, the Employer shall select officers to work the detail on the basis of seniority from among those qualified officers who volunteer for the detail. If and to the extent that there are insufficient volunteers, the Employer shall select officers on the basis of reverse seniority, provided that the Employer may assign probationary officers during their initial twelve (12) month period of probation without regard to seniority.
When the Employer decides to assign an officer to a detail outside the officer’s unit of assignment for more than thirty (30) days to a unit listed in Section 23.8 to provide relief for a temporary manpower shortage due to the actual strength being more than ten (10%) percent below authorized strength, the Employer shall select officers to work the detail on the basis of seniority from among those qualified officers who volunteer for the detail. If and to the extent that there are insufficient volunteers, the Employer shall select officers on the basis of reverse seniority, provided that the Employer may assign probationary officers during their initial twelve (12) month period of probation without regard to seniority.
The Employer’s right to assign Tactical Teams, Mission Teams, District Gang Tactical Teams, or other specialized units 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.
For purposes of bidding, the Employer may disregard seniority if and to the extent necessary to achieve the balance of experience and qualifications the Employer determines to be desirable in the detail and unit involved.
For purposes of selecting officers on the basis of reverse seniority, the Employer may retain a junior officer if and to the extent necessary to fulfill operational needs.
If the Employer assigns an officer to a detail or denies an officer(s) assignment to a detail in any manner contrary to the provisions of this Agreement, the affected officer(s) will be entitled to compensation at the rate of time and one-half in quarter hour increments for the duration of the detail.
Section 23.12 - Reassignment of Duties.
Any other provision of this Agreement to the contrary notwithstanding, nothing in this Agreement shall be deemed to prohibit the Employer from hiring or assigning any non-bargaining unit personnel to perform any unit duties as described in Appendix B and/or C, provided that no officer covered by this Agreement shall be laid off either as a result thereof or if his/her non-bargaining unit replacement, if any, has not been laid off.
Any officer who is to be displaced by a non-bargaining unit person shall be given 60 days’ prior notice of said displacement. The Employer shall designate the positions and duties to which displaced officers shall be assigned. Displaced officers may be assigned to other job duties within the same unit without regard to Section 23.8 and 23.9. If the Employer decides to assign displaced officers to different units, such displaced officers shall be permitted to bid for such assignments which the Employer decides to fill with such officers on the basis of seniority and qualifications in accordance with Section 23.8. If officers other than those displaced are permitted by the Employer to bid for such assignments, then all the displaced officers shall be deemed to be more senior than all of the non-displaced bidders for purposes of said bid.
An officer who has been given a limited duty assignment pursuant to Section 18.3 shall not be displaced from limited duty under Section 23.12 for the duration of his/her eligibility for limited duty.
Section 23.13 - Acting Desk Sergeant.
Officers regularly assigned to District Desk duties by virtue of successful bid under the provisions of Section 23.9 shall be given the option by seniority for the assignment as Acting District Desk Sergeant.
ARTICLE 24
EDUCATIONAL REIMBURSEMENT
Employer agrees to provide tuition reimbursement to officers for extra-departmental education subject to the following conditions:
A. To be eligible for reimbursement:
1. Each course taken must be job-related or necessary for a degree.
2. Proof of acceptance for a degree program must be presented upon request.
3. Each course taken must grant college level credit.
4. Each course must be taken through an accredited college or university.
B. Employees must file applications for reimbursement on the appropriate forms no later than thirty (30) days after the beginning of the course of study.
C. Reimbursement will be granted on the following basis:
1. Grade “A” 100%
2. Grade “B” 75%
and other grades classified by the school as passing.
D. Reimbursement may be denied if an officer’s work performance is deemed inadequate or if an officer has a record of sustained infractions of Department orders, directives or procedures.
E. Reimbursement will not be granted if:
1. Tuition costs are covered by Veteran’s Administration or other funds, or
2. The program in which the officer is enrolled is reimbursable through a federal grant-in-aid program for which the officer is eligible.
F. Reimbursement will be made for a maximum of two (2) courses per school term.
G. Reimbursement will be granted when an officer is required by the Superintendent of Police to attend an educational or training program.
H. In the event an officer commences an undergraduate or graduate degree (including a law degree) program after the execution of this Agreement, and obtains an undergraduate or graduate degree with the assistance of the tuition reimbursement program, and the officer, within one (1) year of obtaining such degree, voluntarily resigns from the Department, all tuition costs (100%) reimbursed to the officer by the Employer for obtaining such a degree shall be repaid to the Employer. If the officer voluntarily resigns after one (1) year but less than two (2) years after obtaining the degree, the officer shall repay one-half (50%) of the tuition reimbursement to the Employer. If the officer does not complete the degree program and voluntarily resigns from the Department, the officer shall repay 100% of all tuition reimbursement received for any course completed within two (2) years of such resignation. Officers receiving tuition reimbursement for such degrees shall, as a condition of receiving such reimbursement, execute an appropriate form consistent with this paragraph.
The provision shall not apply to reimbursement under Subsection G of this Article, nor shall this provision apply to officers who resign from the Department for the purpose of accepting employment within another City of Chicago Department.
ARTICLE 25
LIFE AND HEALTH INSURANCE PROVISIONS
Section 25.1 — Life Insurance.
The Employer agrees to provide a $25,000 life insurance benefit at no cost to the officer; and AD&D to be increased to $5,000. Officers 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 officer to complete the enrollment form set will result in termination of the officer’s Basic Group Term Life Insurance coverage.
The Employer agrees to provide procedures for officers to purchase optional Group Term Life Insurance and Universal Life Insurance in addition to basic Group Term Life Insurance coverage provided above at nominal additional cost to the officer. Officers will be permitted to purchase any amount of optional insurance coverage in $1,000 multiples up to an amount equal to their annual salary rounded up to next multiple of $1,000. The optional Group Term Life Insurance shall continue to be provided officers at the Employer’s then current cost.
Section 25.2 — Medical and Dental Plans.
The officers’ and dependents’ medical, dental, optical and prescription drug plans are hereby incorporated in this Agreement.
The Employer shall make available to officers covered under this Agreement and their eligible dependents copies of the Summary of Medical and Dental Plan Benefits booklets. The cost of such coverage to be borne by the Employer.
The plans for medical, dental, optical, and prescription drug benefits, including the provisions on eligibility and self-contribution rules in effect as of the date of this Agreement, may not be changed by the Employer without the agreement of the Lodge.
The Employer also agrees to make available to the following other persons the above-described hospitalization and medical program, the dental plan and the optical plan: officers covered by this Agreement who retire on or after age 60 and their eligible dependents; surviving spouse and children of officers covered by this Agreement killed in the line of duty; officers covered by this Agreement on a leave of absence for disability (both duty and occupational) and their eligible dependents; surviving spouse and children of deceased officers covered by this Agreement who were formerly on pension disability (both duty and occupational.) The Employer will contribute the full cost of coverage for any of the above-enumerated officers covered by this Agreement who elect coverage under any plan or plans. However, coverage under a plan for officers covered by this Agreement shall terminate when an officer covered by this Agreement 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 an officer covered by this Agreement reaches the age for full Medicare eligibility, that officer shall be covered under the medical program for annuitants, provided the person pays the applicable contributions.
An officer covered by this Agreement who retired or will retire, pursuant to the pension statute, between the period January 1, 1997 and the date of the ratification of this Agreement inclusive, and who was age 60 or over at the time of ratification, will be entitled to the benefits of this paragraph, provided the officer covered by this Agreement notifies the City’s Benefits Office, in writing, within forty-five (45) days after ratification of this Agreement. If such notice is given, benefits to the officer covered by this Agreement and the officer’s eligible dependents will be effective on the first day of the following month.
Section 25.3 — Optical Coverage.
The Employer shall provide each officer and each of their dependents with an optical plan, the cost to be borne by the Employer. Each year, for each officer and for each dependent, the Plan shall provide payment, with no deductible provision, in accord with the following schedule: for optical examination, $25.00; for corrective lenses, $15.00 for each lens; or, for bifocal lenses, $20.00 for each lens; or for trifocal lenses, $30.00 for each lens; and, when necessary for eye glass frames, $30.00 per pair; or, for contact lenses, $25.00 for each lens.
Section 25.4 - Ambulance Fees.
Officers and their eligible dependents will be exempt from fees for emergency medical services performed by the Chicago Fire Department.
Section 25.5. — Labor Management Committee on Health Care.
The City of Chicago and the Fraternal Order hereby establish the “Labor Management Committee on Health Care.” The Committee shall consist of four representatives selected by the Fraternal Order of Police, Chicago Lodge No. 7 and four representatives elected by the City, plus the City Comptroller or his/her designee, who shall serve as Committee Chair. The Committee shall meet not less than once each calendar quarter.
The purpose of the Committee shall be to monitor the performance of the City’s health care plan and to discuss ways to improve plan operation and administration on an on-going basis, including such items as:
— the prescription drug plan, provider network and the mail order program,
— carve-outs for administrative efficiency and benefit efficiency,
— revisions to the list of providers participating in the hospital PPO,
— revision to the list of providers participating in the physician PPO.
This Committee is advisory only. It is intended to promote collaboration and discussion over the efficient and cost-effective operation of the benefit plan. It in no way diminishes the right regarding the benefit plan contained in any collective bargaining agreement nor does it in any way diminish the responsibilities, right and prerogatives of the City regarding the administration of the plan.
The size and composition of this Committee may be increased upon agreement of the parties.
ARTICLE 26
WAGES
Section 26.1 - Salary Schedule.
A. Effective July 1, 1999, the basic salary of all officers covered by this Agreement shall be increased as follows: effective July 1, 1999, two (2%) percent; effective January 1, 2000, four (4%) percent; and effective January 1, 2001, four (4%) percent; effective January 1, 2002 four (4%) percent and effective January 1, 2003, two (2%) percent.
B. Officers covered by this Agreement who are assigned as Armorer, Canine Handler, Evidence Technician, Explosives Detection Canine Handler, Extradition Officer, Fingerprint Examiner, Field Training Officer, Marine Unit Officer, Mounted Patrol Unit Officer, Police Agent, Police Technician, or Traffic Specialist shall receive D-2 pay as base salary.
C. Officers covered by this Agreement who hold the positions of Detective, Investigator (formerly known as Youth Officer), or Gang Crimes Specialist shall receive D-2A pay as base salary.
D. Officers covered by this Agreement who are assigned as a Field Training Officer shall continue to be allowed to work up to an additional one-half (1/2) hour per day prior to or at the conclusion of his/her tour of duty which time is to be compensated in accord with Article 20-Overtime.
E. Officers covered by this Agreement who are assigned as Explosive Technician I, Firearms Identification Technician I, Legal Officer I, Police Forensic Investigator I, Police Laboratory Technician II, Security Specialist, or Supervising Substance Abuse Counselor shall receive D-3 pay as base salary.
Section 26.2 - Bi-lingual Compensation.
All officers covered by the terms of this Agreement who are capable of reading, writing and translating a language other than English into the English language and English into a language other than English who are directed to perform such services by a supervisor outside of his/her unit shall be entitled to compensation for the time spent performing such services at the rate of time and one-half.
Officers who are directed to report to duty or remain on duty to perform such services at a time other than their regularly-assigned duty hours or perform such services during their regularly-scheduled duty hours will receive a minimum of two hours of compensation and such compensation will be at the rate of time and one-half.
In order to be eligible for the benefits of this section, an officer must be certified by the Department and placed on an eligibility list. The Department may promulgate rules to determine who is capable to perform such services. Subject to the above criteria and the ability to perform the assigned task, opportunities to provide such services will be rotated on the basis of the officer’s seniority.
Section 26.3 - Work Out Of Grade.
A. Any officer covered by this Agreement being paid D-1 salary who is directed to perform substantially all the duties and assumes substantially all the responsibilities of a Patrol Specialist, Auto Pound Supervisor and/or Garage Supervisor, for two (2) or more hours within a single eight (8)-hour tour of duty, shall be paid at a D-2 rate consistent with his/her own tenure for an eight (8) hour tour of duty, or for the time spent, whichever is greater.
Any officer covered by this Agreement being paid D-1 or D-2 salary who is directed to perform substantially all the duties and assumes substantially all the responsibilities of Sergeant (other than in the Internal Affairs Division, Training Division, or Research & Development Division) or Police Laboratory Technician II for more than two (2) hours within a single eight (8)-hour tour of duty, shall be paid at a D-3 rate consistent with his/her own tenure for an eight (8)-hour tour of duty, or for the time spent, whichever is greater.
B. Any officer covered by this Agreement regularly assigned to a position which is paid at a D-2 or D-2A rate, who is temporarily detailed to perform the work of a lower rated employee, which work is normally paid at the D-1 or D-2 rate, shall continue to be paid at the D-2 or D-2A rate for such work. This paragraph B does not apply to demotions or reassignments.
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: (1) payment of wages provided herein shall be due and payable to an officer no later than the 1st and 16th of each month, and (2) holiday premium pay shall be due and payable to the officer no later than the 22nd day of the month following the month in which the holiday premium was earned, (3) other premium pay shall be payable to the officer no later than the last day of the period following the period in which the premium work was performed. The Employer shall not change said pay days except after notice to, and, if requested by the Lodge, negotiating with the Lodge. “Negotiating,” for the purposes of this Section, shall mean as it is defined in Section 8(d) of the National Labor Relations Act.
Section 26.5 - Payment of Time.
An officer covered by this Agreement who resigns, retires or dies, shall be entitled to and shall receive all unused compensatory time accumulated by said officer including furlough time, baby furlough days, personal days, and holidays. An officer 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 28-day period.
ARTICLE 27
RESIDENCY
All officers 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, 1999 and shall remain in full force and effect until June 30, 2003. 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, 2003 and no later than March 1, 2003. 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 the parties 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 Procedure are continuing for a new Agreement or part thereof between the Parties.
Section 28.3 - Impasse Resolution, Ratification and Enactment.
A. 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:
1. The agreement will first be presented to the Lodge membership with the recommendation of the Executive Board for ratification.
2. Within ten (10) days after such ratification by the Lodge membership, the agreement will be submitted to the City Council of the City of Chicago, with the Superintendent of Police and the Mayor’s recommendation for ratification and concurrent adoption in ordinance form pursuant to the City’s Home Rule authority. The Employer and Lodge shall cooperate to secure this legislative approval.
3. In the event the City Council should reject the recommended agreement, the parties shall meet again within ten (10) days of the Council’s vote to discuss the reasons for the 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) of this Article 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 of the date the contract is submitted to it.
B. If 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:
1. In the event that disputed items cannot be resolved during the negotiation period, all disputed items shall be referred to a three person Arbitration Board, one member to be selected by each of the parties and the third member to be jointly agreed upon by the parties.
2. A Dispute Resolution Board shall be convened and shall be composed of three (3) persons: one appointed by the Employer, one appointed by the Lodge and one impartial member to be mutually selected and agreed upon by the Employer and the Lodge. If, after a period of five (5) days from the date of the appointment of the two 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 members of said service from which the remaining Board member shall be selected. The Association shall be advised that the eligibility 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; United States 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 28.3(B)5, below. Upon mutual written agreement of the Employer and the Lodge, the parties’ right to appoint any Board members other than the impartial member may be mutually waived.
3. 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 the Lodge shall eliminate three (3) names from the list. The remaining individual, plus the individual appointed by the Employer and the individual appointed by the Lodge, shall compose the Dispute Resolution Board.
4. The member of the Dispute Resolution Board selected, pursuant to subsection 28.3(B)3, above, 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 the Lodge shall each pay half of the fees and expenses of the impartial member.
5. The Chairman shall have the authority to convene and adjourn proceedings, administer oaths, compel testimony and/or 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 Dispute Resolution Board within ten (10) days after his/her appointment and/or selection; and 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 the Lodge and the Board member appointed by the Employer.
6. The Employer and the Lodge 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 of the Board 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 of the impartial member of the Board, it would be appropriate in his/her discretion to meet with either the Employer or Lodge for mediation or conciliation functions, the Board may do so, provided only that notice of such meetings shall be communicated to the other party.
7. The compensation, if any, of the representatives appointed by the Lodge shall be paid by the Lodge. The compensation of the representative appointed by the Employer shall be paid by the Employer.
8. 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.
9. If the City Council should reject the arbitrated agreement, the parties shall meet again within ten (10) days of the Council’s vote to discuss the reasons for the 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.
10. There shall be no implementation of any provisions of a successor agreement without Council ratification and adoption in ordinance form of the agreement; except, however, that the terms of this Agreement shall remain in full force and effective until a successor agreement is adopted in ordinance form or this Agreement is terminated pursuant to subparagraph 28.3(B)9.
11. As permitted by 5 ILCS 315/14(p), the impasse resolution procedure set forth herein above 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).
ARTICLE 29
BABY FURLOUGH DAYS
Section 29.1
Officers with the following years of service as determined by the officer’s seniority date shall receive the following number of Baby Furlough Days (BFD) (eight (8) hours for each BFD) for each calendar year:
Baby Furlough Days Years of Service
15 or more 6
10 but less than 15 5
5 but less than 10 4
1 but less than 5 3
Section 29.2
An officer’s BFD shall be granted pursuant to and in accordance with the Department’s policy of granting compensatory time off, except if an officer elects not to use or is denied all his/her BFD in a calendar year, he/she may, at his/her option, carry over for use as days off in the next year four (4) of his/her BFD to the next succeeding calendar year.
Section 29.3
Any BFD not used in a calendar year shall be paid to the eligible officer in the following calendar year, except as provided for in Section 29.2 above. Payment shall be based upon the salary schedule in effect at the time of payment. Payment shall be made by April 1 for BFD not used in the preceding calendar year.
ARTICLE 29A
FURLOUGHS
Section 29A.1
Furlough shall be granted to officers for each calendar year of this Agreement.
Section 29A.2
Effective January 1, 1994 and thereafter, officers with the following years of service shall receive the following number of furlough (vacation) days:
Years of Service Furlough Days
1 but less than 5 years 20 Straight Days
5 but less than 10 years 24 Straight Days
10 but less than 15 years 22 Working Days
15 years or more 25 Working Days
Section 29A.3
Furlough shall be selected in accordance with this Agreement and procedure subject to operational needs, and approved individual furlough days may be taken by officers so requesting at the discretion of the Department.
Section 29A.4
Furlough may be extended at the request of an officer with the approval of the Department by the use of any accumulated compensatory time, baby furlough days, personal days, and individual furlough days. A furlough extension is defined as the Sunday through Wednesday prior to the start of a furlough or the Thursday through Saturday at the completion of the furlough.
PERSONAL LEAVES OF
ABSENCE
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 as in effect on December 31, 1983, provided that the Lodge shall be promptly notified of all personal leaves of absence and extensions thereof taken by officers covered by this Agreement.
Section 30.2— Military Leave.
Any employee 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 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 the National Guard. Employees hired after 1 January 1997 shall deposit their military pay with the City Comptroller for all days compensated by the City of Chicago.
ARTICLE 31
STEADY WATCH
Section 31.1 — Implementation.
A. 1. District and units in which assigned officers have selected a steady watch will continue to select a steady watch each year. These units include:
District Law Enforcement
Airport Law Enforcement - (O’Hare and Midway)
Area Youth
Bomb and Arson Unit
Central Detention
Crime Lab (including Mobile Crime Unit)
Detective Division
Electronics & Motor Maintenance
Evidence & Recovered Property
Marine Unit
Major Accident Investigation
Mounted Unit
Office of Emergency Communications (COS)
Public Housing
Public Transportation (including Canine)
Traffic Enforcement
2. The employer will not expand excluded units or assign officers to excluded units for the purpose of avoiding the provisions of this Article.
B. After initial implementation, it is the intention that the above units will continue on steady watch. In the event that there is a dispute as to whether a newly created unit is susceptible to steady watches after the effective date of this Agreement, the dispute shall first be subject to procedures set forth at Section 31.7 hereof, then Section 31.8, if available, or the dispute resolution as set forth in Article 28.
Section 31.2 — Alternate Response Section Bidding.
Officers covered by this Agreement who are detailed to the Alternate Response Section will be allowed to bid by seniority for a steady watch subject to the following provisions:
A. Fifty percent, up to a maximum of thirty-one (31), of the most senior officers who are in a convalescent duty status or limited duty status and have been detailed to the Alternate Response Section for a minimum of two (2) years will be allowed to bid for a steady watch.
B. The Employer will calculate the number of eligible bidders and identify the number of positions on each watch that will be put to bid.
C. This bidding procedure is to be done on an annual basis prior to the Annual Furlough Selection. The Filling of Vacancies provision of Section 31.5 and the Temporary Watch Assignments provision of Section 31.6 do not apply to the Alternate Response Section. Vacancies that occur after the annual bidding process will be filled at the Employer’s discretion.
D. Successful bidders may be removed at any time from their bidded watch by the Employer if: 1) it can be demonstrated that the officer’s continued assignment to the watch would interfere with the officer’s effectiveness in that assignment; 2) there are emergencies, for the duration of the emergency; or 3) there is just cause for removal.
Section 31.3 — Exclusions.
Police officers voluntarily assigned as Tactical Officers and police officers voluntarily assigned to Foot Patrol in the 1st and 18th Districts are not subject to the bid process for steady watch assignments. The Employer will not expand the excluded assignments or assign officers to the excluded assignments for the purpose of avoiding the provisions of this Article.
Section 31.4— Annual Selection Process.
Prior to the Annual Furlough Selection, steady watch assignments shall be made in the following manner:
The Employer shall determine and post the number of positions to be assigned to each watch. Eighty (80%) percent of the positions on each watch included in this Article shall first be selected by seniority, and such seniority bid assignments shall be made before any discretionary assignments are filled by the Employer. The biddable opening on each watch shall be awarded to the most senior qualified bidder within that district or unit who has the present ability to perform all of the available duties to the reasonable satisfaction of the Employer. Any officer performing a duty assignment anywhere in the Department shall be presumptively considered able to perform to the satisfaction of the Department. The remaining twenty (20%) percent of those positions shall be filled at the discretion of the employer.
Within ten (10) days of the date of the annual selection of watch assignments, the Employer shall provide the Lodge with documentation of the number of allocated personnel by watch, a list of successful bidders by watch, and a list of officers assigned by the Department’s discretionary percentage by watch.
Section 31.5 — Filling of Vacancies.
Except for those exclusions set forth in Section 31.2 and 31.3 above, vacancies in steady watch assignments occurring after the Annual Selection Process shall be filled in the manner provided for in this Section. A vacancy exists when an officer performing the assignment is permanently transferred, permanently reassigned, resigns, retires, dies, is separated, or when the Department increases the number of officers in a unit on a specific watch.
Vacancies shall 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 previous incumbent had been appointed at the discretion of the Employer, then the vacancy shall be filled at the discretion of the Employer.
If and when the Employer decides to fill a recognized watch vacancy by bid, such vacancy to be bid shall be posted on the seventh calendar day (Wednesday) of the Third, Sixth, and Ninth Police Periods and shall remain posted for seven (7) calendar days from the day of posting. The vacancy shall be filled by the most senior qualified officer bidding for the vacancy. If no such qualified officer within the unit bids for such vacancy, the Employer may fill the watch vacancy by reverse seniority. Any officer performing the duty assignment anywhere in the unit shall be presumptively considered able to perform to the satisfaction of the Employer.
Members who are newly assigned to a unit may be placed on a watch at the Employer’s discretion until such time as the member accepts a management position or is able to bid on a vacancy at the next regularly-scheduled vacancy posting during the Third, Sixth, or Ninth Police Period.
Within ten (10) days of the date of the watch vacancy filling, the Employer shall provide the Lodge with documentation of the number of vacancies filled by watch, the number of additional allocated personnel by watch, a list of successful bidders by watch, and a list of officers assigned by the Department’s discretionary percentage by watch.
Section 31.6 - Temporary Watch Assignments.
For the purpose of filling a temporary vacancy in order to provide relief (i.e., vacation, medical, suspension, detail, etc.) for a police period, the Employer shall first designate the watch(es) to provide the relief and shall seek volunteers to satisfy its needs from the specific watch(es). If there are more volunteers than required, the volunteer with the greatest seniority from the designated watch(es) shall be selected. If there are not sufficient volunteers, the officer with the lowest seniority from the designated watch(es) shall be selected.
Once watch assignments are made, changes will not be made except for: (1) officers identified as Personnel Concerns, (2) officers in a limited or convalescent duty for the duration of that status, (3) officers on restricted duty, (4) officers who have been relieved of their police powers, (5) to fill a temporary vacancy not to exceed three periods (for example, furlough, suspension, medical, detail), initially filled by volunteers, then by reverse seniority, or (6) upon mutual agreement of the officer seeking the change and the Department (provided no such agreement shall involuntarily displace any other officer’s selected watch assignment). These changes in watch assignments shall be made only for the duration of the circumstances giving rise to the change, after which the officer will return to his or her previous watch assignment and will be made only for operational needs.
When watch assignments are changed in accordance with the provisions of this Section, the provisions of Article 20 shall not apply. Changes in watch assignment not in accordance with the provision of this Section shall require compensation of the officer in accordance with Article 20 (i.e., time and one-half for all hours worked outside of the officer’s selected watch).
Section 31.7 — Joint Labor Management Committee.
Upon the effective date of this Agreement, there shall be a Joint Watch Selection Committee established to promptly address errors and omissions in the bidding of steady watch assignments. The parties agree that such a Committee is necessary as a means by which complaints and/or grievances can be resolved without the delay inherent in the arbitration process. The Committee will consist of the Commanding Officer of the Management & Labor Affairs Section and the Lodge’s Grievance Committee Chairperson, or their designees. The Committee will meet within five (5) working days of a request by either party for the purpose of resolving the dispute. A decision by the Joint Committee will be binding on the Employer and the Lodge. A mediator may be used if either party requests. The cost of the mediator will be split evenly between the parties. In the event the Joint Committee cannot agree on a resolution of the dispute, then either party may invoke the provisions of Section 31.8.
Section 31.8 — Dispute Resolution.
In the event the parties are unable to resolve disputes regarding the application of the terms of this Article, then either party may invoke expedited arbitration in accordance with the following procedure and the arbitration hearing shall commence within thirty (30) days of the demand for expedited arbitration unless the parties otherwise agree:
A. The parties shall mutually select an Arbitrator from among the following 3 names:
_____________________________,
_____________________________, and
_____________________________.
If the parties cannot mutually agree, the Arbitrator selected shall be the one who will provide the parties with the earliest available hearing date for an expedited arbitration hearing;
B. Recognizing that the parties have agreed to the steady watch concept and the selection process therefore, 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;
C. The Arbitrator shall render his/her decision within 72 hours of the close of the hearing, or such other time upon which the parties mutually agree.
ARTICLE 32
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 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 33
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 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, the parties hereto affix their signatures this ____ day of _____, 2002
FOR THE EMPLOYER FOR THE LODGE
Richard M. Daley
Mayor President
____________________________ _________________________
Terry G. Hillard
Superintendent of Police
____________________________
APPENDIX A Salary
Schedule — SALARY SCHEDULE FOR SWORN
POLICE PERSONNEL
FRATERNAL ORDER OF
POLICE – CHICAGO LODGE NO. 7
|
|
|
ENTRANCE
RATE |
|
|
|
|
|
|
|
MAXIMUM RATE |
||
|
|
|
STEP
1 |
STEP
2 |
STEP
3 |
STEP
4 |
STEP
5 |
STEP
6 |
STEP
7 |
STEP
8 |
STEP
9 |
STEP
10 |
STEP
11 |
|
CLASS
GRADE |
|
FIRST
|
AFTER
|
AFTER
18 MOS |
AFTER
30 MOS |
AFTER
42 MOS |
AFTER
54 MOS |
AFTER
10 YRS |
AFTER
15 YRS |
AFTER
20 YRS |
AFTER
25 YRS |
AFTER
30 YRS |
|
1 |
ANNUAL |
34,194 |
41,670 |
44,046 |
46,308 |
48,606 |
51,054 |
52,818 |
54,684 |
56,592 |
58,680 |
60,372 |
|
|
MONTHLY |
2,849.50 |
3,472.50 |
3,670.50 |
3,859.00 |
4,050.50 |
4,254.50 |
4,401.50 |
4,557.00 |
4,716.00 |
4,890.00 |
5,031.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2 |
ANNUAL |
41,670 |
44,046 |
46,308 |
48,606 |
51,054 |
53,616 |
55,494 |
57,408 |
59,412 |
61,638 |
63,456 |
|
|
MONTHLY |
3,472.50 |
3,670.50 |
3,859.00 |
4,050.50 |
4,254.50 |
4,468.00 |
4,624.50 |
4,784.00 |
4,951.00 |
5,136.50 |
5,288.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2A |
ANNUAL |
43,098 |
45,534 |
47,844 |
50,160 |
52,680 |
55,308 |
57,210 |
59,166 |
61,230 |
63,456 |
65,322 |
|
|
MONTHLY |
3,591.50 |
3,794.50 |
3,987.00 |
4,180.00 |
4,390.00 |
4,609.00 |
4,767.50 |
4,930.50 |
5,102.50 |
5,288.00 |
5,443.50 |
4% INCREASE EFFECTIVE JANUARY 1, 2000
|
|
|
ENTRANCE
RATE |
|
|
|
|
|
|
|
MAXIMUM RATE |
||
|
|
|
STEP
1 |
STEP
2 |
STEP
3 |
STEP
4 |
STEP
5 |
STEP
6 |
STEP
7 |
STEP
8 |
STEP
9 |
STEP
10 |
STEP
11 |
|
CLASS
GRADE |
|
FIRST |
AFTER |
AFTER
18 MOS |
AFTER
30 MOS |
AFTER
42 MOS |
AFTER
54 MOS |
AFTER
10 YRS |
AFTER
15 YRS |
AFTER
20 YRS |
AFTER
25 YRS |
AFTER
30 YRS |
|
1 |
ANNUAL |
35,562 |
43,338 |
45,810 |
48,162 |
50,550 |
53,094 |
54,930 |
56,874 |
58,854 |
61,026 |
62,784 |
|
|
MONTHLY |
2,963.50 |
3,611.50 |
3,817.50 |
4,013.50 |
4,212.50 |
4,424.50 |
4,577.50 |
4,739.50 |
4,904.50 |
5,085.50 |
5,232.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2 |
ANNUAL |
43,338 |
45,810 |
48,162 |
50,550 |
53,094 |
55,758 |
57,714 |
59,706 |
61,788 |
64,104 |
65,994 |
|
|
MONTHLY |
3,611.50 |
3,817.50 |
4,013.50 |
4,212.50 |
4,424.50 |
4,646.50 |
4,809.50 |
4,975.50 |
5,149.00 |
5,342.00 |
5,499.50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2A |
ANNUAL |
44,820 |
47,358 |
49,758 |
52,164 |
54,786 |
57,522 |
59,496 |
61,530 |
63,678 |
65,994 |
67,932 |
|
|
MONTHLY |
3,735.00 |
3,946.50 |
4,146.50 |
4,347.00 |
4,565.50 |
4,793.50 |
4,958.00 |
5,127.50 |
5,306.50 |
5,499.50 |
5,661.00 |
4% INCREASE EFFECTIVE JANUARY 1, 2001
|
|
|
ENTRANCE
RATE |
|
|
|
|
|
|
|
MAXIMUM RATE |
||
|
|
|
STEP
1 |
STEP
2 |
STEP
3 |
STEP
4 |
STEP
5 |
STEP
6 |
STEP
7 |
STEP
8 |
STEP
9 |
STEP
10 |
STEP
11 |
|
CLASS
GRADE |
|
FIRST
12 MOS |
AFTER
12 MOS |
AFTER
18 MOS |
AFTER
30 MOS |
AFTER
42 MOS |
AFTER
54 MOS |
AFTER
10 YRS |
AFTER
15 YRS |
AFTER
20 YRS |
AFTER
25 YRS |
AFTER
30 YRS |
|
1 |
ANNUAL |
36,984 |
45,072 |
47,640 |
50,088 |
52,572 |
55,218 |
57,126 |
59,148 |
61,206 |
63,468 |
65,298 |
|
|
MONTHLY |
3,082.00 |
3,756.00 |
3,970.00 |
4,174.00 |
4,381.00 |
4,601.50 |
4,760.50 |
4,929.00 |
5,100.50 |
5,289.00 |
5,441.50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2 |
ANNUAL |
45,072 |
47,640 |
50,088 |
52,572 |
55,218 |
57,990 |
60,024 |
62,094 |
64,260 |
66,666 |
68,634 |
|
|
MONTHLY |
3,756.00 |
3,970.00 |
4,174.00 |
4,381.00 |
4,601.50 |
4,832.50 |
5,002.00 |
5,174.50 |
5,355.00 |
5,555.50 |
5,719.50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2A |
ANNUAL |
46,614 |
49,254 |
51,750 |
54,252 |
56,976 |
59,820 |
61,878 |
63,990 |
66,228 |
68,634 |
70,650 |
|
|
MONTHLY |
3,884.50 |
4,104.50 |
4,312.50 |
4,521.00 |
4,748.00 |
4,985.00 |
5,156.50 |
5,332.50 |
5,519.00 |
5,719.50 |
5,887.50 |
4% INCREASE EFFECTIVE JANUARY 1, 2002
|
|
|
ENTRANCE
RATE |
|
|
|
|
|
|
|
MAXIMUM RATE |
||
|
|
|
STEP
1 |
STEP
2 |
STEP
3 |
STEP
4 |
STEP
5 |
STEP
6 |
STEP
7 |
STEP
8 |
STEP
9 |
STEP
10 |
STEP
11 |
|
CLASS
GRADE |
|
FIRST |
AFTER
|
AFTER
18 MOS |
AFTER
30 MOS |
AFTER
42 MOS |
AFTER
54 MOS |
AFTER
10 YRS |
AFTER
15 YRS |
AFTER
20 YRS |
AFTER
25 YRS |
AFTER
30 YRS |
|
1 |
ANNUAL |
36,984 |
46,872 |
49,548 |
52,092 |
54,672 |
57,426 |
59,412 |
61,512 |
63,654 |
66,006 |
67,908 |
|
|
MONTHLY |
3,082.00 |
3,906.00 |
4,129.00 |
4,341.00 |
4,556.00 |
4,785.50 |
4,951.00 |
5,126.00 |
5,304.50 |
5,500.50 |
5,659.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2 |
ANNUAL |
46,872 |
49,548 |
52,092 |
54,672 |
57,426 |
60,312 |
62,424 |
64,578 |
66,828 |
69,330 |
71,382 |
|
|
MONTHLY |
3,906.00 |
4,129.00 |
4,341.00 |
4,556.00 |
4,785.50 |
5,026.00 |
5,202.00 |
5,381.50 |
5,569.00 |
5,777.50 |
5,948.50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2A |
ANNUAL |
48,480 |
51,222 |
53,820 |
56,424 |
59,256 |
62,214 |
64,356 |
66,552 |
68,880 |
71,382 |
73,476 |
|
|
MONTHLY |
4,040.00 |
4,268.50 |
4,485.00 |
4,702.00 |
4,938.00 |
5,184.50 |
5,363.00 |
5,546.00 |
5,740.00 |
5,948.50 |
6,123.00 |
2% INCREASE EFFECTIVE JANUARY 1, 2003
|
|
|
ENTRANCE
RATE |
|
|
|
|
|
|
|
MAXIMUM RATE |
||
|
|
|
STEP
1 |
STEP
2 |
STEP
3 |
STEP
4 |
STEP
5 |
STEP
6 |
STEP
7 |
STEP
8 |
STEP
9 |
STEP
10 |
STEP
11 |
|
CLASS
GRADE |
|
FIRST |
AFTER
|
AFTER
18 MOS |
AFTER
30 MOS |
AFTER
42 MOS |
AFTER
54 MOS |
AFTER
10 YRS |
AFTER
15 YRS |
AFTER
20 YRS |
AFTER
25 YRS |
AFTER
30 YRS |
|
1 |
ANNUAL |
36,984 |
47,808 |
50,538 |
53,136 |
55,764 |
58,572 |
60,600 |
62,742 |
64,926 |
67,326 |
69,264 |
|
|
MONTHLY |
3,082.00 |
3,984.00 |
4,211.50 |
4,428.00 |
4,647.00 |
4,881.00 |
5,050.00 |
5,228.50 |
5,410.50 |
5,610.50 |
5,772.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2 |
ANNUAL |
47,808 |
50,538 |
53,136 |
55,764 |
58,572 |
61,518 |
63,672 |
65,868 |
68,166 |
70,716 |
72,810 |
|
|
MONTHLY |
3,984.00 |
4,211.50 |
4,428.00 |
4,647.00 |
4,881.00 |
5,126.50 |
5,306.00 |
5,489.00 |
5,680.50 |
5,893.00 |
6,067.50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2A |
ANNUAL |
49,452 |
52,248 |
54,894 |
57,552 |
60,444 |
63,456 |
65,646 |
67,884 |
70,260 |
72,810 |
74,946 |
|
|
MONTHLY |
4,121.00 |
4,354.00 |
4,574.50 |
4,796.00 |
5,037.00 |
5,288.00 |
5,470.50 |
5,657.00 |
5,855.00 |
6,067.50 |
6,245.50 |
Timekeeper
Citation Clerk
Clerk (Office Clerical – performing such duties as secretarial, filing, preparing routine periodic reports, etc.)
Review Officer
Crossing Guard Supervisor
Radio Equipment Officer
Assembly Room Officer
Summary Case Management Officer – Traffic Division
Remote Terminal Officer
Motor Maintenance Supervisor
Lockup Keeper
Activity Officer
Assistant Desk Officer (one such job per watch per district shall continue to be subject to bid under Section 23.9)
Motor Maintenance-Service Writers
Communications and Operations Section (including dispatchers and call-back personnel)
Auto Pound Supervisor
Police Officers working in the Crime Lab (excluding Mobile Unit)
Extradition Warrant Officers
Evidence and Recovered Property Officers
Abandoned Vehicle Officer
Police Officers working in Youth Division Administration – Missing Persons Section – performing Inquiry Aide/Clerical duty
APPENDIX C
AUXILIARY POLICE AIDS
The following are duties which may be performed by Auxiliary Police Aides:
A. Prepare case reports of non-criminal incidents as directed by a sworn officer.
B. Answer telephone inquiries and make appropriate referrals.
C. Provide information to members of the public.
D. Process Department reports and forms as directed by management.
E. Aid in traffic direction and control.
F. Run errands, and/or act as messengers.
G. Assist in:
1. crowd control at parades, athletic events and other public gatherings where potential for violence is minimal.
2. times of disaster, disorder or emergency as directed by the Superintendent of Police.
3. the operation of the Youth Fingerprint, Law Enforcement Explorer and Junior Police programs, under the direction of program personnel.
H. Assist district neighborhood relations program personnel.
I. Provide clerical assistance to court sergeants.
J. Perform other administrative duties as determined by the unit commanding officer.
APPENDIX D
DENTAL PLAN
The Employer shall make dental coverage available to officers covered under this Agreement and their eligible dependents. The cost of this coverage will be borne by the Employer. Officers will have the opportunity to choose between the Dental PPO Plan and the Dental HMO Plan. Under the Dental PPO Plan participants can use the dentist of their choice for services, but if they choose a dentist in the PPO network the benefit will be higher. If they choose an out-of-network dentist, the benefit will be lower. The Dental HMO Plan requires the member to select a participating network dentist. All family members must use the same Dental HMO dentist for their Dental services. Orthodontia is only available in the Dental HMO Plan. Lists of Dental PPO and Dental HMO dentists are available at the Benefits Management Office (312-747-8660).
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 (a list of which is attached) shall be made except in compliance with the following:
1. Lodge 7 FOP shall be notified in writing of the intent to change at least ninety (90) days prior to the proposed change where circumstances are within the City’s control. In all other cases, the City will provide the maximum notice as is practicable under the circumstances.
2. The notice referred to shall, at the time the notice is given, provide sufficient information to explain the contemplated action and shall include, at a minimum, but shall not be limited to:
a. The affected institutions.
b. The precise reason(s) the action is being contemplated.
c. The numbers of covered participants (employee and/or dependents) receiving in-patient service from such affected facility at the time the notice is given.
d. 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 City shall meet within seven (7) calendar days of a request from the Lodge 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 the Lodge. 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 9.5, Step 3 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.
APPENDIX F
IN-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:
A. 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.
B. Care ordered by a physician which, after review by the UR vendor, is:
1. medically necessary; and
2. only available at a non-network hospital, or the proposed treatment is performed so infrequently in-network that direction to non-network hospital is medically appropriate; or
3. 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
4. care rendered beyond a 50-mile radius (from any network hospital) where participant is domiciled or stationed.
This information is also contained in the Employee Benefit Handbook.
APPENDIX G
HEALTH CARE CONTRIBUTIONS FOR ACTIVE MEMBERS
Effective January 1, 2001, active officers covered by this Agreement will contribute the following percentages of their salary towards the cost of their health care:
Single Coverage: 1.0281%
Employee +1: 1.5797%
Family Coverage: 1.9705%
APPENDIX H
PPO PRESCRIPTION
DRUG COST
The following are the co-payments and effective dates for the lesser of a 34-day supply or 100 units of the following prescription drugs:
|
|
EFFECTIVE
DATES (JANUARY 1) |
||
|
TYPE |
2001 |
2002 |
2003 |
|
Generic |
$8 |
$9 |
$10 |
|
Brand w/no Generic |
$20 |
$20 |
$20 |
|
Brand w/Generic |
$8* |
$9* |
$10* |
|
Non-Formulary |
$33 |
$34 |
$35 |
*Plus the difference between the cost of the generic and the brand chosen.
MAIL ORDER DRUGS (HOME PHARMACY)
A. For drugs on the City’s Preferred Drug List, co-payments for up to a 90-day supply are as follows:
1. $5.00 for generic drugs;
2. $15.00 for brand name drugs for which there is no generic equivalent; and
3. $5.00 plus the difference between the price of the brand name drug and the generic drugs for brand name drugs for which there is a generic equivalent.
B. For drugs not on the City’s Preferred Drug List, co-payments for up to a 90-day supply follows:
1. $10.00 for generic drugs;
2. $20.00 for brand name drugs for which there is no generic equivalent; and
3. $10.00 plus the difference between the price of the brand name drug and the generic drug for brand name drugs for which there is a generic equivalent.
APPENDIX I
CHEMICAL DEPENDENCY AND MENTAL HEALTH CO-INSURANCE AND LIMITS
Courses of treatment for inpatient 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 30-day or longer period of time with no treatment or clinical supervision provided.
In-network co-insurance City Employee
First treatment 90% 10%
Second treatment 80% 20%
Subsequent treatments 50% 50%
Out-of-network co-insurance City Employee
First treatment 75% 25%
Second treatment 60% 40%
Subsequent treatments 0% 100%
It is understood that the first in-network treatment remains subject to the out-of-pocket maximum. All CD/MH treatment including out-patient may be subject to UR review and is subject to the following maximums: $37,500 annual individual/$250,000 individual lifetime/$500,000 family. The maximum lifetime benefit provisions of the Plan still shall apply.
All chemical dependency and mental health treatment is subject to review by the utilization review program. Additionally, to be considered under the chemical dependency/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 diagnosis under a subsequent revision).
APPENDIX J
BEHAVIORAL
INTERVENTION SYSTEM – PERSONNEL CONCERNS PROGRAM
I. Hearings will be allowed for both the Behavioral Intervention System (BIS) and the Personnel Concerns (PC) Program.
A. The hearing is voluntary and must be requested by the affected Department member.
1. In the instance of the Behavioral Intervention System, a hearing must be requested within seven (7) working days of being presented with the Individualized Performance Plan (IPP) and the Behavioral Intervention System Counseling Record. The request for a hearing must be in writing to the Director of the Personnel Division.
2. In the instance of the Personnel Concerns Program, a hearing must be requested within seven (7) working days of having attended a Personnel Concerns Conference. The request for a hearing must be in writing to the Director of the Personnel Division.
NOTE Department members upgraded from the Behavioral Intervention System to the Personnel Concerns Program are not entitled to a hearing.
B. The Department will set the hearing date and notify the affected Department member of the date.
C. The hearing time will be as close as possible to the officer’s regular duty hours (i.e., morning for 1st watch officers, afternoon for 3rd watch officers) and will not be on the officer’s furlough, Regular Day Off, or previously planned day off (i.e. Baby Furlough Day, Personal Day, etc.) unless the officer agrees to such. Overtime will not be granted for the hearing.
II. Hearing Procedures.
A. The Department will explain its position for enrollment of the member in the Behavioral Intervention System or Personnel Concerns Program.
B. The officer, or his/her representative, will present the officer’s position.
C. The Department representative may ask the officer questions.
D. The officer’s representative may question the officer.
E. The Department representative will, within five (5) working days, notify the officer of his/her decision and that decision is final.
III. Placement Duration (Behavioral Intervention System/Personnel Concerns Program).
Placement in either program is for one (1) year.
NOTE: Placement in either program may be extended past the initial year or, in the instance of the Behavioral Intervention System, be upgraded to the Personnel Concerns Program. Additionally, a member may be removed from either program prior to a year being completed.
Any member who is upgraded from the Behavioral Intervention System to the Personnel Concerns Program will be informed at the Personnel Concerns Conference that he/she may forward a To/From subject report to the Commander of the Personnel Division outlining the reasons the member feels this upgrade should not take place. In addition, any officer who extends past one (1) year in the Behavioral Intervention System or the Personnel Concerns Program may submit a To/From outlining the reasons he/she believes that they should not be retained in the program.
The aforementioned hearing procedures are not retroactive.
APPENDIX K
HIGH RISK
PREGNANCY SCREENING PROGRAM
In order to reduce the risk of a premature birth and the attendant health risks to mother and child and to avoid the costs associated with same, the City 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 of the prospective mother, her medical history, and conduct a health risk assessment to determine if she meets criteria for a high risk pregnancy.
If the prospective mother does not meet criteria, the medical advisor would offer educational materials on pregnancy and advise her that they will be following up with a call in her second trimester of pregnancy. Further, they will advise her that they are available if she has any questions about her pregnancy. Subsequent follow up will depend on the course of the pregnancy. As delivery approaches, they will advise her about expected lengths of stay postpartum.
If the prospective mother meets 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. They will follow the case as appropriate. If home health or other services available under the plan are necessary, they will approve the care plan and negotiate discounts for approved services. They will be available as a resource to both the prospective mother and her physician.
APPENDIX L
COMPLAINT REVIEW
PANEL RULES OF PROCEDURE
I. CHARGES, RECOMMENDATION AND PLEA.
The Department’s representative will read to the Panel the charges against the member under investigation. The member under investigation or the Assisting member will enter a plea indicating whether he/she contests the Findings of the Department on each charge. The Department’s representative will then advise the Panel of the recommendation for discipline and the member under investigation or the Assisting member will advise the Panel if he/she contests the recommendation for discipline.
II. OPENING STATEMENT.
A. The Department will proceed first with a statement of the case and the evidence which it believes supports its position.
B. The Assisting member will then address the Panel with his/her opening. If the member(s) under investigation do(es) not contest the Findings but instead only contest(s) the recommendation for discipline, those opening remarks will be confined to the recommendation for discipline.
III. PRESENTATION OF EVIDENCE.
A. The Department has the burden of proving the allegations by a preponderance of the evidence. The investigative file will be presented to the Panel for its review prior to the start of the hearing.
B. The officer under investigation and/or the Assisting member will present evidence in support of the officer relating to either the investigative Findings or the recommendation for discipline.
The Panel will consider evidence on relevant and material issues provided that any new evidence must be submitted at least five (5) days prior to the hearing. Use of the Complimentary and Disciplinary History of the accused member will be limited to the history as it existed on the date the allegation was sustained.
IV. DISCUSSION AND QUESTIONS FROM PANEL.
The members of the Panel may ask questions of the Department’s representative, the member under investigation, or the Assisting member about any aspect of the investigation or the recommendation for discipline. Inquiries regarding the member’s previous disciplinary history will be subject to the limitations of Section 8.4 of the collective bargaining agreement.
V. CLOSING ARGUMENT.
A. The Department will proceed first with an argument on the evidence, and any reasonable inferences to be drawn from that evidence which the Department’s representative believes supports the Department’s position.
B. The member under investigation or the Assisting member will then offer argument on the evidence, and any reasonable inferences to be drawn from that evidence which the member believes supports his/her position.
C. The Department will be allowed to offer rebuttal to the arguments of the member under investigation.
VI. FINDINGS AND DECISION OF THE PANEL.
The Findings and Decision of the Panel will be made known to the Department’s representative and the member under investigation or the Assisting member without delay.
APPENDIX M
EXPEDITED
ARBITRATION RULES
A. All just cause discipline cases brought under Article 8 of the Collective Bargaining Agreement and which challenge disciplinary action involving a thirty (30) day suspension or less and/or seniority under Article 20 or Article 23 or any other mutually-agreed upon contract Article will be heard under this expedited procedure unless designated by either party for a hearing under the full arbitration hearing procedure.
B. 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.
C. Cases currently scheduled for arbitration may be subject to this expedited procedure, subject to agreement of the parties.
D. Five or six Arbitrators constituting an "expedited" panel will be selected from the existing panel. The "expedited" panel will be reviewed every six 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.
E. In scheduling hearings, the Arbitrator on the panel will be required to schedule a block of two or three consecutive hearing days. The parties will attempt to rotate the scheduling equitably among all Arbitrators on the expedited panel, subject to their availability.
F. The parties will attempt to schedule at least two 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.
G. Arbitrators will receive all grievance documents and relevant documents from the C.R. file at lease one week prior to the hearing, at the discretion of the Arbitrator.
H. Arbitrators will be permitted to issue subpoenas in accordance with applicable law. Subpoenas shall not be used for purposes of delay.
I. The expenses of witnesses for either side shall be paid by the party producing such witnesses.
J. Hearings will be scheduled alternately at City and Lodge locations.
K. Each party will represent itself at the hearing, and may designate any representative who is not an attorney.
L. The hearings shall be informal. The Arbitrator shall assist the parties in ensuring that there is a complete record.
M. The Arbitrator may require witnesses to testify under oath.
N. There shall be no stenographic record of the proceedings.
O. 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.
P. 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.
Q. 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, and 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.
APPENDIX N
PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS
An officer who has been certified as injured on duty shall be provided a group of three available physicians for treatment. Groupings of three available physicians will be randomly selected from a pool of physicians who are members in good standing of a network of workman’s compensation physicians qualified to render appropriate medical care for the injury claimed. The groupings of physicians will be rotated on a weekly basis until all members of the pool have appeared in a group which was available for officer selection, at which point the process will repeat itself. The officer will select a physician from the group provided by the Employer. The Medical Services Section will refer the officer to the physician selected by the officer.
An officer claiming a recurrence of an injury on duty will have his/her claim evaluated by a physician from the Medical Services Section. If that physician finds the condition complained of is not a recurrence, the Medical Services Section will provide the officer with a list of three physicians chosen in the manner described above. Should the physician who treated the original injury on duty be a member in good standing of the pool of workman’s compensation physicians from which the group of three physicians was chosen, then that physician will be added to the group of three physicians provided to the officer. The officer will select a physician from the group provided by the Employer. The Medical Services Section will refer the officer to the physician selected by the officer.
Should the officer or the Department not agree with the medical finding, of the referral physician, either party may seek another opinion. The officer will select another physician from a different group of three physicians chosen in the manner described above. The Medical Services Section will refer the officer to the physician selected by the officer. Should that physician’s opinion agree with the finding of the first referral physician, it will be binding on both the officer 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 selection of the second opinion. The finding of the third physician agreeing with either of the previous opinions shall be binding on both the officer and the Employer.
APPENDIX O
SUBROGATION
LANGUAGE FOR CITY OF CHICAGO
In the event 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 workers 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 whom 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 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 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 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 of the unpaid coverage is equal to and offset by the unrecovered amount of the 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 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.
APPENDIX P
BENEFITS DURING PROBATIONARY PERIOD
In connection with the extension of the probationary period from a twelve (12) month period to an eighteen (18) month period, the following rights, privileges and benefits shall apply upon the completion of the first twelve (12) months of the probationary period:
Article 3 - Lodge Security
Section 7.1 - Administration of Summary Punishment
Article 8 - Employee Security
Article 10 - Non-Discrimination
Article 11 - Holidays
Article 12 - Promotions
Article 18 - Disability Income
Article 19 - Bereavement Leave
Section 20.1 - Work Day and Work Week
Section20.2 - Compensation for Overtime
Section 20.3 - Sixth and Seventh Day Work
Section 20.4 - Call-Back
Section 20.5 - Court Time
Section 20.8 - Stand-By
Section 20.11 - Accumulation of Compensatory Time
Section 20.12 - Back to Back Shifts on Change Day
Section 20.13 - Duty Availability Allowance
Section 21.3 - Uniform Allowance
Article 22 - Indemnification
Article 24 - Educational Reimbursement
Article 25 - Life and Health Insurance Provisions (the entire Article)
Article 26 - Wages
Article 27 - Residency
Article 29 - Baby Furlough Days
Article 29.A. - Furloughs
Article 30 - Personal Leaves of Absence
Appendix A - Wages
Appendix D - Dental Plan
Appendix E - Network Changes
Appendix F - In-Network/Out-of-Network Care
Appendix G - Health Care Contributions for Active Member
Appendix H – PPO Prescription Drug Cost
Appendix I - Chemical Dependency and Mental Health Co-Insurance & Limits
Appendix K - High Risk Pregnancy Screening Program
Appendix L - Complaint Review Panel Rules of Procedure
Appendix N – Reoccurrence Claims
Appendix O - Subrogation Language for City of Chicago
LOU re Retroactive Wage Increases
LOU re One-Half Hour Lunch Period
LOU re Indemnification
LOU re Health Care Plan
LOU re Health Care Plan/Election by Married Employees
Any dispute or difference between the parties concerning the interpretation and/or application of any of the above provisions shall be subject to the Grievance Procedure of Article 9.
The parties further agree that an officer who successfully completes his/her probationary period after having been placed on I.O.D. shall be entitled to the benefits under the contract on the same basis as police officers who were in that officer’s class who did not have his/her probationary period extended.
Finally, the parties agree that in the event a probationary police officer during his/her final six (6) months of the probation period and a non-probationary police officer are involved together in a situation which gives rise to the non-probationary police officer and the probationary police officer each receiving discipline of a five (5) day suspension or less and the discipline for the non-probationary police officer is subsequently rescinded or reduced, any discipline imposed on the probationary police officer may be reviewed in accordance with the collective bargaining agreement and the City will not assert timeliness provided the officer has completed successfully his/her probationary period.
APPENDIX Q
DISCIPLINE
SCREENING PROGRAM
1. When a Complaint Register (CR) investigation is sustained and the accused is a member of the bargaining unit and the recommendation for discipline is a fifteen-day (15) suspension or less, the accused member will be notified of the Screening Program option.
2. The Department will forward to the member notification of the sustained finding and recommendation for discipline. The member will be advised that he or she may accept the recommended discipline or request a CRP hearing or request the Screening Program option. This notification will be returned within seventy-two (72) hours to the Internal Affairs Division.
3. When the member requests the Screening Program option, he or she will be notified of the date the Screening Committee will meet and of the right to review the investigative file prior to the screening date. The member will appear at either the Office of Professional Standards or the Internal Affairs Division to review the investigative file. The member may make written or audiotape recorded notes, but may not remove or make copies of any part of the investigative file.
4. At the Screening Committee Meeting, a representative of the Lodge and a representative of the Department will meet and review the selected files and attempt to reach an agreement on the findings and/or the recommendation for discipline. If an agreement is reached, the representative of the Department will submit the agreed-upon disposition to the Assistant Deputy Superintendent, Internal Affairs Division or the Chief Administrator, Office of Professional Standards for approval. If approved, the representative of the Lodge shall contact the member for his or her agreement and approval of the agreed-upon disposition.
5. If all parties agree, the agreed-upon disposition will be forwarded to the Superintendent for final approval.