CHICAGO FOP 7 UPDATE: Acting Desk Sergeant Out of Grade Pay Grievance - City Wins

Fraternal Order of Police Chicago Lodge #7    Current Update September 6, 2013

Acting Desk Sergeant Update The Lodge was finally able to get an Acting Desk Sergeant grievance to hearing before Arbitrator Peter Feuille on April 30, 2013. The grievance involved a 005th District Officer who had been assigned and paid out of grade as an Acting Desk Sergeant at least 800 times during his career. During this arbitration hearing both the Lodge and the City took the positions that this grievance was a representative case of all the grievances that have been filed over the dispute about Acting Desk Sergeants and out of grade pay. Both sides agreed that the most senior bid Desk Officer filling the role of Acting Desk Sergeant was paid out of grade and further agreed that this was a decades old past practice. The Department called a current District Station Supervisor and the Commander of Management and Labor Affairs as witnesses. The Lodge called the grievant and Financial Secretary as witnesses. There really was not much dispute over what duties the grievant performed and that those were the same duties that were performed by Acting Desk Sergeants in the past. Arbitrator Feuille issued his award late last night. The arbitrator ruled in favor of the City. The Lodge believes there are several defects in his decision. Perhaps the most glaring error is the fact that, even after both sides agreed that this was a representative case, he ruled that it was not a representative case and that this grievance stood on its own. The Lodge believes and the City has testified that the only way a past practice can be eliminated is by one of two processes. The parties may agree to eliminate the past practice. One party may put the other on notice that it intends to eliminate the past practice and then negotiations must take place. Neither of these occurred and yet, the arbitrator took the unusual position that a thirty-year past practice could effectively be wiped out by the mere issuance of an order that eliminated the Acting Desk Sergeant position. What does all this mean? Since the arbitrator ruled that this case was not representative of the remaining Acting Desk Sergeant grievances, the Lodge will be able to submit another Acting Desk Sergeant grievance to different arbitrator. Perhaps the Lodge and City can once again agree on a representative case that will result in a decision that will apply to all grievances that have been submitted thus far. Any bid Desk Officer who is the most senior bid Desk Officer and fills the role of an Acting Desk Sergeant should continue to file a grievance each day he is denied out of grade pay.