• August 15, 2018

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    Jul 17, 2018

       Bid Exchange July 2018

          By Dan Mahoney, Attorney - Wednesday, July 17, 2018 


                               


    Jul 11, 2018

       A Message from National FOP - Labor Service Division

          By IL FOP Labor Council, Staff - Wednesday, July 11, 2018


    The long awaited Supreme Court decision is here and it is what we expected.  The Supreme Court ruled that Fair Share Fees are unconstitutional under the First Amendment of the Constitution.  However, there is some interesting language in the heart of the decision concerning the Duty of Fair Representation, but more about that later.  Here are some general observations about the decision:

    • This decision effects only the issue of Fair Share and the collection of dues under the Fair Share doctrine.
    • If you have a fair share clause in your Collective Bargaining Agreement (CBA), this decision invalidates that clause.
    • Since most CBAs have a severability clause ensuring the continuation of the CBA in the event some part is ruled invalid or unenforceable, the invalidation of a fair share clause should have no effect on your CBA.
    • If you do not have a severability clause in your CBA, you may have to go back to the bargaining table to discuss this issue.
    • Your employers are required to stop taking Fair Share Fees from non-members as of June 27, 2018. Any fees collected after that date and sent to the lodge are required to be returned to the non-member. 
    • If you have language on the form you use for payroll deduction referencing Fair Share Fees, those forms should be replaced with forms indicating the payroll deduction for union dues is voluntary.
    • The Janus decision did not stop a public employer from participating in payroll deductions for union dues from members.

              In the Janus decision there is a section discussing the Duty of Fair Representation.  The Court during this discussion opened the door to the prospect of charging non-members a fee for services or denying service altogether, as long as it is reasonable.  However, it qualified that statement by saying union decisions cannot be arbitrary or in bad faith. In the coming months we will be examining ways to handle the question of Duty of Fair Representation.  I believe a threshold might be the representation of a non-member during the initial processing of a grievance but once the grievance requires the use of attorneys and experts then the issue of payment or non-performance comes into play.

    Frequently Asked Questions

    1. What does the Janus decision do? It effects the ability of a lodge to collect monies from non-members as a condition of employment.

    1. Does the Janus decision effect the ability to have dues deductions from members? No, where state and local laws allow, the deduction of dues from member’s paychecks is left unchanged.  In other words, if your local jurisdiction is now deducting dues from your paycheck that will not change.

    1. Will the Janus decision cancel out the right of members to have their dues deducted from their paycheck? No, although it may require you to fill out a new dues deduction form, if your old one mentioned fair share from non-members.

    1. Can non-members still pay a fair share fee and have it deducted from their pay check? Yes, but the authorization form will have to clearly state the non-member is doing it voluntarily and is not required to do so based upon the Janus decision.

    1. Will our union have to renegotiate any of the clauses in our Collective Bargaining Agreement? Yes, if you have clauses in your CBA that refer to fair share payments by non-members.

    1. Does my lodge have to represent non-members under the Duty of Fair Representation? Yes, to a certain extent.  We are still evaluating the language in the Janus decision to see how it might affect the Duty of Fair Representation.  At the very least you will be required to represent non-members during the initial processing of a grievance.  However, at such time attorneys or expert witnesses may be needed it may be possible to charge the non-member for those services. Please keep in mind each state may have different rules as far as the duty of fair representation and you should consult your own state law.

    1. Does the lodge have the responsibility to bargain collectively for non-members? Yes, all bargaining unit members, even non-dues paying bargaining unit members, must be represented fairly in contract negotiations.

    Jul 09, 2018

       Supreme Court Issues Anti-union Decision

          By John Roche, Attorney - Monday, July 9, 2018


    As expected, the U.S. Supreme Court sided with anti-union activists and overturned 40 years of precedent to hold that public sector bargaining unit members who do not want to belong to a union can choose to pay nothing for the costs of bargaining a collective bargaining agreement but must still be provided all the benefits of that collective bargaining agreement. Janus v. American Federation of State, County, and Municipal Employees, No. 16-1466. This case was originally started by Illinois Governor Bruce Rauner in his unrelenting effort to break public sector unions (including law enforcement unions). Rauner was early on dismissed out of the suit because he lacked standing and was replaced by anti-union activist Mark Janus. Public Sector employees were never required to belong to a union if they chose not to. Before Janus, however, bargaining unit employees who chose not to belong to the union were required to pay a portion of the union dues, their “fair share,” for the costs of bargaining and administering the collective bargaining agreement. The Janus Court found that requiring non-members to pay any money for the costs of collective bargaining violated their First Amendment right under the U.S. Constitution. Now, under the Janus decision, non-union members pay nothing and their fellow employees, who are union members, will shoulder all the expense of bargaining those benefits. Governor Rauner aimed to undercut the unions’ ability to fund collective bargaining, thus giving him free rein to massively cut employee benefits. This will not happen if employees stay together and continue to support the idea of collective bargaining and maintain their union membership. If union membership is maintained, the Janus case will have very little impact.

    In overturning Abood v. Detroit Board of Education (which previously required employees to pay their fair share for the costs of collective bargaining), the Janus Court indicated that unions going forward could charge non-bargaining unit employees the costs of processing, for example, discipline cases. This would include the costs of legal representation during department interrogations, challenging discipline through the grievance arbitration procedure, and the costs of a court reporter and a portion of the arbitrator’s fee. Such cases typically cost thousands of dollars. For union members, these fees are covered by the member’s monthly union dues. While employees who choose not to belong to a union will be entitled to the negotiated benefits available to union members, such as wages and insurance, they can be expected to be charged for certain costs should they decide, for instance, that they need representation in a disciplinary matter or otherwise wish to challenge discipline.

    Law enforcement employees understand the importance of belonging to and supporting their union. The unions protect their backs in a generally hostile world of employment relations. For bargaining units that simply maintain their union membership, the Janus case will have very little impact and the unions will continue to fight for their rights and to secure better wages and working conditions.


    Jun 27, 2018
       We Will Always Serve You       By IL FOP Labor Council, Staff - Wednesday, June 27, 2018 The 12,000 Illinois Fraternal Order of Police Labor Council members recognize the strong and diverse services we provide and have faith that we always have their backs.
    Jul 17, 2018

       Bargaining Unit Leadership/Steward Training

          By IL FOP Labor Council, Staff - Tuesday, May 15, 2018


    Thursday, June 21, 2018- 9am-4pm

    ILEAS Training Center
    1701 E. Main St. 
    Urbana, IL 61802

    Class size is limited to the first 50 participants. Please register with Chris Flynn at (217) 698-9433 or email: cflynn@fop.org Lunch will be provided.

    9:00am - 9:30am - (Shawn Roselieb) Introduction to IL FOP Labor Council

    Members will learn the distinction between the FOP Grand Lodge, IL FOP State Lodge and IL FOP Labor Council and the importance of each. (We suggest you encourage your membership to join FOP Legal Defense.) Get more information at foplegal.com.

    9:30am - 11:45am: (Dan Bailey and Tamara Cummings) Handling a Critical Incident

    Members will learn their role in handling a critical incident, and what they should do to protect the rights of their coworkers. IL FOP LC Critical Incident Hotline 1-(877) IFOP-911.

    11:45am - 12:15pm: Lunch provided on-site

    12:15pm - 12:45pm: (Jay Johnson) Worker’s Comp Issues

    Members will learn the rights of injured workers, tailored to the unique circumstances of those working in the law enforcement field. Instruction will include the importance of giving proper and timely notice of work accidents, the importance of injured employees to treat with their own physicians rather than physicians chosen by the department, the unique protections under PEDA and the Public Safety Employees Benefit Act, the rights to compensation for permanent injuries (and what permanent means), and protections offered to injured employees who cannot return to their normal job.

    12:45pm- 2:15pm (Dave Nixon) New Steward Training

    Instruction will cover the following topics: running meetings, developing by-laws, grievance preparation, and duties for representing your membership.

    2:15pm- 2:30pm Break

    2:30pm-4:00pm (Mike Powell) Collective Bargaining

    Attendees will receive instruction on preparation for negotiations/ reaching tentative agreement or impasse/ mediation and arbitration.


    Jul 17, 2018

       Bargaining Unit Leadership/Steward Training

          By Shawn Roselieb, Executive Director - Tuesday, March 20, 2018


    Thursday, April 26, 2018 - 9am-4pm
    IL FOP Labor Council - Western Springs Office
    5600 S. Wolf Rd. Suite #150
    Western Springs, IL

    Thursday, June 21, 2018 - 9am-4pm
    Illinois Law Enforcement Alarm System
    1707 East Main Street, Urbana

    Thursday, September 20, 2018 - 9am-4pm
    Glenview Police Department
    2500 East Lake Avenue, Glenview

    Please register with Chris Flynn at (217) 698-9433 or email: cflynn@fop.org Lunch will be provided.

    9- 9:30am- (Shawn Roselieb) Introduction to IL FOP Labor Council

    Members will learn the distinction between the FOP Grand Lodge, IL FOP State Lodge and IL FOP Labor Council and the importance of each. (We suggest you encourage your membership to join FOP Legal Defense.) Get more information at foplegal.com.


    9:30-11:45am- (Dan Bailey and Tamara Cummings) Handling a Critical Incident

    Members will learn their role in handling a critical incident, and what they should do to protect the rights of their coworkers. IL FOP LC Critical Incident Hotline 1-(877) IFOP-911.

    11:45am- 12:15pm- Lunch provided on-site

    12:15pm- 12:45pm- (Michael Baker and Dean Hill) Gun Owner Liability Insurance

    Shield-U has designed an insurance policy and made it available to our members at a reduced rate. The policy is specifically designed for FOP members and IROCC (Illinois Retired Officer Concealed Carry) permit holders and their families.  Shield-U is an Illinois business, and they have received authorization from the Illinois Department of Insurance to offer this product. To learn more check it out at shielduins.com.

    12:45pm- 2:15pm (Dave Nixon) New Steward Training

    Instruction will cover the following topics: running meetings, developing by-laws, grievance preparation, and duties for representing your membership.

    2:15pm- 2:30pm Break

    2:30pm-4:00pm (Mike Powell) Collective Bargaining

    Attendees will receive instruction on preparation for negotiations/ reaching tentative agreement or impasse/ mediation and arbitration.


    Jul 17, 2018

       May Newsletter

          By Dan Mahoney, Attorney - Friday, May 4, 2018


    Contract Information:

    On March 14, 2018, the Cook County Board approved the Collective Bargaining Agreement (“CBA”) between the Illinois Fraternal Order of Police Labor Council (“Union”) and the County of Cook/Cook County Sheriff ("Joint Employer") that was previously ratified by the membership. The Union is in the process of producing booklets of the CBA for distribution. Once completed, Chief Union Steward Todd Ramos and Assistant Chief Union Steward Katie Fitzgibbons will be attending Roll Calls to deliver the booklets and answer any questions regarding the new CBA.

    In the meantime, please be aware that the CBA is in full force and effect. Your Union is ensuring the Joint Employer abides by the terms of the new CBA as demonstrated by the timely issuance of the bonus check.

    Contract Highlights:

    Your bargaining team negotiated for many benefits that are included in the CBA. The team obtained numerous modifications that the membership requested. If you have a question or concern regarding any section of the CBA, please contact the Steward at your facility or unit. If your Steward is unavailable, please call the Union and ask for Todd, Katie, or Attorney Dan Mahoney.

    One of the most significant benefits is the side letter concerning Injury on Duty ("IOD"). Please take time to familiarize yourself with the process regarding IOD. Deputies who sustain an injury while working are required to notify their supervisor in writing on forms specified by Risk Management of any occurrence within forty-eight (48) hours or as soon as possible if medically unable to do so within that time.

    General Membership Meetings

    All members are encouraged to attend General Membership Meetings. During the year, your elected Stewards meet once a month to discuss Union business as well as issues and concerns of the membership. These meetings are scheduled for the third Wednesday of the month. In addition, General Membership meetings occur on a quarterly basis (January, April, July and October) in conjunction with the monthly Steward meeting. General Meetings are held at the Union Hall, 5600 S Wolf Road, Suite 150 and begin at 6:00 pm (1800 hours).


    Jul 17, 2018

       Primary Election Results

          By IL FOP Labor Council, Staff - Wednesday, March 21, 2018


    From Leinenweber, Baroni and Daffada

    Yesterday’s primary was generally very good for the FOP endorsed candidates.  Of the 18 endorsed candidates, 3 did not have primaries, 4 lost and 11 won.  In addition, although the FOP did not endorse candidates for constitutional office, the Democratic candidates for Governor and Attorney General, Pritzker and Raoul, were labor endorsed candidates and are the best-case scenario for the FOP.

    Brian Stewart, John D’Amico and Marc Bell did not have primaries.  Dan Burke and David Reis both lost.  Dan Burke’s loss was a big negative for the FOP, but it was not a surprise.  The candidate is a long serving incumbent whose district has had a huge demographic change since Burke was first elected.  The district is 75% Hispanic now, and he was challenged by a Hispanic candidate.  Reis was the one pick up for Proft and Uhlien who spent over $5 million on a variety of candidates.  Despite the defeat of Reis, who supported the recent tax increase, Proft and Uhlien suffered general losses across the board, and were two of the biggest losers overall.  This was made most clear with Durkin’s decisive defeat of Straub, as taking out Durkin was a key point of the Proft plan.  Silverstein also lost a brutal primary defending his Democratic North Suburban seat.  He was defeated by an SEIU member who is a progressive Democrat and he will be the next Senator after the General. Nic Zito also lost.  He was running against a Proft backed candidate to replace Fortner in DuPage County.

    The endorsed candidates overall had relatively strong victories.  Martwick and Rita were two House Democrat incumbents who both had huge victories in defending their seats.  Dan Didtech is running to keep Representative Sente’s seat Democrat, and he had a clear victory in his Lake County District.  Lance Yednock, a generally labor supported candidate, won in his effort to beat Republican Long in Ottawa.  Terri Bryant, Norrine Hammond, C.D. Davidsmeyer and Dan Brady all defended themselves against Proft backed candidates trying to take them out in House Republican Primaries.  While these races started out close, they all ended up decisive victories.  Andrew Chesney and Eddie Corrigan both defended House Republican seats as new candidates and both beat Proft supported candidates. 

    While there were ultimately no upsets in the Governor’s race, it was the most compelling race of the primary, in both parties.  Pritzker beat expectations and won with a larger margin than any experts predicted, beating both Kennedy who slightly underperformed and Biss who beat expectations.  Pritzker’s race was one of the first races to be called.  Rauner, in contrast, faced a much narrower reelection than was expected against challenger Ives.  The race was not ultimately decided until late in the evening.  This was important, because it showed how vulnerable Rauner is going into the General Election.  Pritzker received near double the votes in the primary than Rauner did.

    The major upset of the night was Kwame Raoul’s win over Pat Quinn.  Both candidates were running as Democratic candidates for Attorney General.  Although former Governor Quinn had numerous negatives, he was positioned to do well because of high name recognition in an 8-way primary.  Kwame was able to message effectively in the last weeks before the primary, and ultimately carried the night.  Kwame will face off against Republican Erica Harold in the General Election.




    Page Last Updated: Aug 13, 2018 (05:30:00)
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