• January 17, 2019
    Download Our App!

    Follow Us!
              
  • Cook County Sheriff's Police
    Nov 19, 2018

       Dues Deduction Finally Commences

          By Gary Bailey, Attorney - Monday, November 18, 2018


            On October 30, 2018, the FOP and the County held a grievance arbitration award regarding the failure of the County to deduct union dues from the paychecks of union members represented by the FOP Labor Council.  Arbitrator Marvin Hill, Jr. served as the neutral arbitrator.  The Police Officers’ dues deduction grievance was combined with a similar grievance filed by the FOP over the failure of the County to deduct union dues from the paychecks of County telecommunicators, who are also represented by the FOP Labor Council. The Arbitrator issued his award that same day, view award here.

            The Arbitrator first addressed the immediate deduction of dues owed to the union.  The County asserted that dues would be deducted from the paychecks of employees immediately after the issuance of the Award for the pay period ending October 26, 2018.

            The Arbitrator then addressed the issue of back dues owed to the union.  The Union asserted that the amount owed to the union should be paid by the County, not the members because the failure to deduct the dues was not the fault of the employees.  The Union further expressed concerns over whether the deductions would unexpectedly cease even if immediately commenced.  The County asserted that the debt owed to the Union was not the County’s debt, but the employees’ debt, and that its liability was only to collect from the employees and to tender the monies to the union. 

       After hearing arguments, the Arbitrator ruled:

    1. That the debt should be paid by the employees, but spread out over several paychecks.  The Arbitrator suggested three payments, but the Union asserted that was too steep a price for the employees to burden.  The Arbitrator adopted the Union’s suggestion that it be paid out over 26 pay periods (a year), until October 2019;

    1. That should the County fail to deduct the amounts applicable from the employee paychecks, it would nevertheless send the union a check in the amount of money owed until such time the proper dues are deducted; and

    1. That he would retain jurisdiction over the case to administer the award and to adjust if needed based upon a change of circumstances.

    The Union asserted that it would not seek “back dues” from any employee who retires and resigns during this period of collection and the Arbitrator ordered that any new employees hired were obligated only to pay the “regular dues” that is uniformly charged to all state-wide FOP members.

    Since the issuance of the award, the FOP has been monitoring the dues deduction of its elected union officers to ensure the deduction amounts are accurate.  The union receives a monthly check from the County for the union dues deducted from all County employees represented by the FOP Labor Council.  Along with that check, the County send a list of names from whose pay those deductions are made in order to permit the union to confirm that every union member is paying their dues. 

    The union is required by law to represent all persons in the bargaining unit, but it has the legal right to charge non-members (those who have not signed a voluntary dues deduction form) for services rendered to them if they seek union representation.  The union has established a list of those charges and the up-front retainer for such charges, and these costs far exceed the standard monthly dues.

    Approximately 20 police officers have not signed dues forms and are non-members.  They will soon be getting a letter giving them a last chance to become members before the end of the year, when these non-member charges will be made effective on a state-wide basis.

    Currently, monthly union dues are $43.00 (or $19.85 per pay period) for everyone (state-wide) represented by the FOP Labor Council.  The By-Laws of the FOP Labor Council provide that the only method that monthly union dues can be changed is by a vote of union member delegates to the Annual Meeting.  Each bargaining unit is permitted to send voting delegates to the Annual Meeting, held each year in March.  The number of voting delegates each bargaining unit may send to the Annual Meeting is proportionate to the number of employees in the bargaining unit as of January 1 each year.  For further information, see Article XIII, Section 2 of the By-laws of the Illinois FOP Labor Council.


    Nov 19, 2018

       Labor Contract Approved by County Board

          By Gary Bailey, Attorney - Monday, November 19, 2018


           On November 4, 2018, the Cook County Board of Commissioners voted to approve the FOP Labor Council contract covering Police Officers.  The Union officers have signed the contract and are now waiting for County officials to deliver fully-signed copies of the agreement.

            Once the signed contract is obtained, the Union will post it on this website and make individual copies for distribution to the membership.


    Nov 19, 2018

       Steward Elections and Steward Training

          By Gary Bailey, Attorney - Monday, November 19, 2018


    The Union is waiting until after the annual bidding process to hold local steward elections.  More information regarding the election process and steward positions will be posted on this website in the near future.

                The Union is preparing to conduct steward training.  More information regarding this training will be posted on this website in the near future.


    Nov 19, 2018

       Chicago-Kent College of Law Holds Annual Public                 Sector Labor Law Conference

                                      By Gary Bailey, Attorney - Monday, November 19, 2018


    On November 30, 2018, Chicago-Kent College of Law will host its annual Public Sector Labor Law Conference.  This conference features premier labor law programs for those interested in the relevant issues confronting public employees in Illinois.  Conference attendees include labor lawyers, public officials, local union stewards, arbitrators and government neutrals.

            FOP Labor Council General Counsel Tamara Cummings is a featured speaker at the session examining interest arbitration decisions issued over the past year.  FOP Labor Council Attorney John Roche, Jr. is a featured speaker at the session entitled, “Current Issues in Illinois Pension Drama”.  Over 600 registrants are expected to attend this annual convergence of labor law professionals.


    Sep 24, 2018

       Dues Dispute Advanced to Grievance Arbitration & Unfair      Labor Practice Charge Filed

                                        By Gary Bailey, Attorney - Monday, September 24, 2018


    The Illinois FOP Labor Council has been working diligently to resolve the problem with the County not deducting union dues from members’ paychecks.

    The Union has advanced to arbitration a grievance over the dispute.  The Union has also filed an unfair labor practice charge (ULP) with the Illinois Labor Relations Board contending the County’s actions violates the Illinois Public Labor Relations Act.

    The Union will post updates on these cases.


    Sep 24, 2018

       Union Contract Ratified by Membership

          By Gary Bailey, Attorney - Monday, September 24, 2018


    The union membership of the Cook County Sheriff’s Police ratified the tentative agreements reached by the Negotiations Committee.  The final vote tally was 208 – 23.

    Ratifications meetings were held on Tuesday, September 11 at the Hyatt Regency in Schaumburg, and Thursday, September 13 at the Tinley Park Convention Center.  Union members were invited to attend these meetings to receive a written summary of the deal and to hear how the agreement was reached at the bargaining table.

    Local union board members administered the election to ensure only union members in good standing could vote.  At the end of the meeting on Thursday, the ballot box was unlocked and the ballots were counted in front of members who witnessed the count.

    The final draft of the contract, incorporating the new changes, is being reviewed and prepared for signatures. 

    After the contract is ratified by the County, the Union will make copies of the contract and distribute them to the membership.  An electronic copy will also be available on this website.


    Sep 05, 2018

    CONTRACT VOTE

          

    The Illinois FOP Labor Council is scheduling TWO CONTRACT RATIFICATION MEETINGS.  Only “Members in good standing” (i.e., those who have signed a dues deduction form) are eligible to attend at either location and cast their ballot:

    CHOOSE

    Tuesday Sept 11th

    Hyatt Regency Schaumburg

    ROOM:   Mahogany VII

    1800 E. Golf Road

    6:00 p.m.

    OR

    Thursday Sept 13th

    Tinley Park Convention Center

    ROOM:  South Pavilion 3

    18451 Convention Center Dr.

    6:00 p.m.

    In accordance with FOP By-Laws, attendees will be given a handout summarizing the deal before the vote is taken.  A majority of those who vote will determine the outcome, so please take time to attend this important step in securing a new contract.
    Jul 17, 2018

       Union Board Announces Committees

          By Gary Bailey, Attorney - Tuesday, July 17, 2018


    The newly-elected Board officers created a number of committees and will serve as Chair of these committees:

    Kevin O’Donnell: Negotiations Committee
    Abel Torres:  Administrative and Policy Committee
    Dave Sheppard: By-Laws Committee
    Mike Murphy: Grievance and Discipline Committee
    Bob Ortiz: Finance and Legal Defense Committee
    Brian Dignan: Safety Committee
    Michael Kane: Health and Benefits Committee
    Kendall Evans: Uniform and Equipment Committee
    PJ Waller: Website and Information Committee

    At the next Board Meeting (August 1), the Board will determine who is on their committees and refine the role and purpose of these committees.

    If you are interested in participating in any of these committees, contact the Board member serving as Chair of the committee.


    Jul 17, 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.


    Jul 17, 2018

       Election Results

          By Gary Bailey, Attorney - Friday, June 29, 2018


    The election ballots were tallied right after the time for voting ended (7pm) by myself (Attorney Gary Bailey), with the help of Executive Director Shawn Roselieb and General Counsel Tamara Cummings. Dave Sheppard and Kendall Evans were present and witnessed the count. As always, any member was welcome to be present for the count.

    The Cook County Sheriff’s Police Union Officer Election Results are as follows:

    PRESIDENT: Kevin O’Donnell

    1st VICE PRESIDENT: Abel Torres

    2nd VICE PRESIDENT: Dave Sheppard

    SECRETARY: Brian Dignan

    TREASURER: Robert Ortiz

    CHIEF STEWARD: Mike Murphy

    TRUSTEE: Kendall Evans

    TRUSTEE: PJ Waller

    TRUSTEE: Michael Kane

    Congratulations to the winners and thank you to everyone who participated.


    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.

    We are even more committed to that level of service in the wake of the Supreme Court's Janus decision. We will continue to be there when you need us the most, for critical incident responses, training, fighting bad legislation, when your contracts and benefits are on the line, and numerous other supports that are available 24 hours a day, seven days a week. We will not slow down, hesitate or falter.

    The Supreme Court case was never about Mark Janus. It was simply a planned effort by many ultra-conservative factions to weaken organized labor.

    We look forward to remaining your fiercest advocate as union members. Together we are strong. Together we are successful. And together we will continue to proudly represent the noblest and most dedicated profession in the State of Illinois.


    Jun 20, 2018

       SERVICE INTERRUPTION

         By IL FOP Labor Council, Staff - Wednesday, June 20, 2018


    The FOP Website was unexpectedly out of service over the weekend June 16-17.  Service was restored on Monday June 18.  The service interruption also effected email transmissions.  If you attempted to send an email to the FOP Labor Council over this weekend, resend the email.  Sorry for any inconvenience.


    Jun 19, 2018

       Negotiation Committee News

          By Gary Bailey, Attorney - Tuesday, June 19, 2018


    Negotiating Committee members met with the Sheriff and the County May 30th.   Further bargaining sessions will follow.


    May 17, 2018

       Scheduled Meetings

          By Gary Bailey, Attorney - Thursday, May 17, 2018


    Wednesday, July 17, 2018 Negotiations
    Wednesday, August 1, 2018 Board and Steward Meeting, FOP Office
    Wednesday, September 5, 2018 Board and Steward Meeting, FOP Office
    Wednesday, October 3, 2018 Board and Steward Meeting, FOP Office
    Wednesday, November 7, 2018 Board and Steward Meeting, FOP Office
    Wednesday, December 5, 2018 Board and Steward Meeting, FOP Office

    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.



    Page Last Updated: Nov 19, 2018 (08:07:00)
  • Illinois Fraternal Order of Police Labor Council

    Copyright © 2019.
    All Rights Reserved.

    Powered By UnionActive



  • Top of Page image