Chicago Police DepartmentEmployee Resource E01-06
Grievance Procedures
Issue Date:15 September 2017Effective Date:15 September 2017
Rescinds:29 December 2016 Version
Index Category:Employee Rights and Responsibilities
I.Purpose
This directive:
  • A.continues established procedures for processing and resolving Department member’s employment related complaints.
  • B.continues the Grievance Report form (CPD-11.642) for FOP members.
  • C.continues the Policemen’s Benevolent & Protective Association (PB&PA) Member’s Grievance Report form (CPD-11.706).
  • D.continues the use of the current grievance report forms supplied by the City’s Department of Human Resources or one of the collective bargaining units for their respective non-sworn members.
  • E.continues the use of the unit grievance log book for logging grievances of Fraternal Order of Police (FOP) members.
  • F.satisfies CALEA Law Enforcement Standard Chapter 25.
II.Policy
The policy of the City of Chicago is to resolve labor related grievances in the workplace promptly in a fair and consistent manner. Although the exact procedure for filing and processing a contractual grievance will vary, dependent upon the member’s specific collective bargaining agreement, all Department members will begin the process of resolution by informing their immediate supervisor of the issue or concern.
III.Procedures for Filing and Processing Contractual Grievances
  • A.All Department members (except sergeants, lieutenants, and captains) will begin the process of resolution by informing their immediate supervisor of the issue or concern.
  • B.Department members the rank of sergeant, lieutenant, or captain will begin the process of resolution by informing the first exempt member in their respective chain of command of the issue or concern.
  • C.The supervisor or exempt member and the affected member will discuss the matter and attempt resolution, prior to initiating the prescribed formal grievance procedure.
    NOTE:
    An oral notification which alleges adverse impact to the employee motivated because of race, color, gender or sex, age, religion, national origin, ancestry, marital status, parental status, sexual orientation, status of military discharge, or handicap status, or acts which the employee alleges constitute harassment or sexual harassment (as defined in the Department directive entitled “Equal Employment Opportunity Policy”) requires the supervisor to initiate a Complaint Register (CR) investigation. In addition, when obtaining the CR Number from the Civilian Office of Police Accountability (COPA), the initiating supervisor will inform the call taker that this is an Equal Employment Opportunity (EEO) complaint and obtain the corresponding EEO Number, following all of the procedures outlined in the Department directive entitled “Equal Employment Opportunity Policy.”
  • D.Command members will contact the Management Labor Affairs Section (MLAS) to ensure conformity to existing standards and adherence to procedural obligations.
  • E.When informal means of resolution fail, Department members will refer to the grieving member’s collective bargaining agreement, or the following sections of this directive for non-bargaining unit groups, and comply with the procedures outlined for the initiation of Step I or Step II, as appropriate.
    NOTE:
    All of the existing collective bargaining agreements require bargaining unit participation to proceed beyond the oral grievance stage. Department members whose concerns are not satisfied by the oral grievance procedure will notify their respective collective bargaining unit for direction. Time constraints may apply and the grievant should refer to the current in force contract and contact the appropriate collective bargaining unit in a timely manner.
  • F.Sworn and non-sworn bargaining unit members filing a formal grievance will complete a pre-printed standard grievance form. Sworn and non-sworn bargaining unit members will follow the procedures in their existing bargaining agreement accordingly.
    • 1.FOP members will complete the Grievance Report form (CPD-11.642).
    • 2.All other sworn members will complete the PB&PA Member's Grievance Report form (CPD-11.706).
    • 3.Other non-sworn bargaining unit members will complete the standard grievance form appropriate for their bargaining unit.
  • G.Probationary Police Officers
    • 1.All Probationary police officers filing a formal grievance will complete the Grievance Report form (CPD-11.642).
    • 2.Probationary Police Officers with less than twelve (12) months of service will follow the procedures delineated in Item IV of this directive.
    • 3.Upon completion of the first twelve (12) months of the probationary period, probationary police officers will follow the conditions and procedures in the existing FOP bargaining agreement.
IV.Processing Grievances for Sworn Non-Bargaining Unit Members, Probationary Police Officers with less than twelve (12) months of service, and Civilian Members Not Covered by a Collective Bargaining Agreement
  • A.Provisions
    • 1.The following are NOT subject to the grievance procedure:
      • a.Disciplinary actions.
      • b.Wage rates, salary schedules (including career service).
      • c.Performance ratings, selection or promotion procedures.
      • d.Fringe benefits.
      • e.Personnel assignments.
      • f.Position classification.
      • g.Restoration to career service positions from command staff, or other non-career service positions.
    • 2.Each party to a grievance will respond promptly.
      • a.Failure of any reviewing authority to respond within the prescribed time limit entitles the grievant to submit the grievance to the next level in the grievance process.
      • b.Failure of the grievant to act within the prescribed time limitations will be considered a withdrawal or waiver of the grievance or appeal.
  • B.Grievance Procedures For Sworn Non-Bargaining Unit Members
    • 1.Step I: Filing a Grievance.
      • a.When a sworn non-bargaining unit member feels that a circumstance or condition relating to his employment is affecting him in an unfair or unjust manner, the affected member will attempt to resolve the issue by orally discussing the matter with his immediate supervisor.
      • b.A supervisor upon being orally informed of a member’s complaint will attempt to resolve the issue. If the supervisor is unable to resolve the matter the affected member will be so informed.
      • c.Should there not be a solution, or the solution proposed in the oral discussion does not satisfy the affected member’s concerns, the member may submit a written grievance on the PB&PA Member’s Grievance Report form (CPD-11.706), striking the letters PB&PA in the title, and present the form to his immediate supervisor. The affected member will complete the Grievant Data and Statement of Grievance portions of the form. The Statement of Grievance must contain a clear and concise explanation of the facts and circumstances affecting the member’s employment. The Member’s Grievance Report must be submitted within ten days of the specific event or circumstance which gave rise to the concern.
        EXCEPTION:
        Probationary police officers will complete the Grievance Report form (CPD-11.642) accordingly.
      • d.When a supervisor is presented with a Member’s Grievance Report, the supervisor will contact MLAS. After a consultation with MLAS, the supervisor will provide a written response to the grievant by completing the Response to Grievance section of the Member’s Grievance Report form within ten days. The supervisor will route the forms as indicated on the form set, with one copy to the grievant, one copy to be retained in the unit file, and one copy to be forwarded to MLAS.
    • 2.Step II: Written Appeal.
      • a.If not satisfied with the immediate supervisor response delivered in Step I, the grievant may initiate Step II by preparing a To-From-Subject report appealing the grievance. This report will be submitted within ten days of the immediate supervisor’s response. This report will:
        • (1)be directed to the member who is the first level of exempt rank authority higher in the chain of command than the member’s immediate supervisor.
        • (2)include full, clear, and concise details of the grievance, the identity of the supervisor to whom the grievance was reported, the date such report was made, the reason the response is considered unsatisfactory, and the desired solution to the grievance.
        • (3)be submitted by the grievant no later than ten days after issuance of the Step I response.
      • b.Upon receipt of the report of grievance, the exempt member will:
        • (1)investigate the substance of the grievance, interviewing persons involved, obtaining reports and consulting with other Department members, as necessary.
        • (2)determine whether the grievance is valid.
          • (a)If the grievance is determined to be valid:
            • i)the appropriate solution will be implemented or, if higher authority is needed, a recommendation for action will be submitted through channels to the command officer vested with authority to implement the solution.
            • ii)the grievant and the supervisor who handled the oral report will be notified, in writing, of the action taken in the matter no later than ten days after receipt of the appeal report.
          • (b)If the grievance is determined not to be valid, the grievant and the supervisor who handled the oral report will be notified, in writing, of the rejection of the grievance. A copy of this written response and any new documents will also be forwarded to MLAS.
        • (3)The exempt member will establish a grievance file containing the grievant’s To-From-Subject report, a photocopy of the written resolution/rejection of the grievance and copies of all related reports or documents.
    • 3.Step III: Final Appeal.
      • a.If not satisfied with the exempt member’s response from Step II, a grievant may request a review of the grievance by submitting a To-From-Subject report to the Director, MLAS. The report will:
        • (1)contain a full, clear and concise explanation of the grievance and all steps taken in the matter.
        • (2)include a statement setting forth the reason the prior dispositions of the grievance are considered unsatisfactory, and the desired solution to the grievance.
        • (3)be submitted to MLAS no later than ten days after issuance of the Step II response.
      • b.Upon receipt of a request for a review of a grievance, the Director, MLAS will:
        • (1)return to a grievant any grievance that has not been through Steps I and II of the grievance procedure.
        • (2)obtain copies of all reports relating to the grievance from the grievant’s unit commanding officer or command officer at the next higher level of authority.
        • (3)notify the grievant, acknowledging receipt of the request for a review, that further information regarding a hearing/disposition will be forthcoming.
      • c.A Grievance Review Panel will convene as necessary for final determination of grievances which remain unresolved after both immediate supervisor and exempt review. The panel will consist of three members selected by the Superintendent of Police or his designee.
        • (1)The Director, MLAS, will attend meetings of the Grievance Review Panel as a non-voting member and serve as secretary to that body. As secretary, the Director, MLAS, will ensure that each panel member is provided with copies of all reports relating to each grievance for which a review has been requested and be responsible for all correspondence and record keeping.
        • (2)The Grievance Review Panel members will review the materials furnished by the Secretary and make a determination whether the matter merits a hearing, and notify the secretary of their respective determination.
          • (a)In instances in which a hearing is deemed not appropriate by all three members, the Secretary of the Grievance Review Panel will inform the grievant in writing within fifteen days of such determination that a hearing has been denied.
          • (b)In instances in which a hearing is deemed appropriate by three panel members the:
            • i)Secretary of the Grievance Review Panel will:
              • a)arrange a date, time, and location for the panel to meet.
              • b)notify the grievant of the scheduled hearing,
              • c)invite the grievant to appear at the hearing on the grievant's own behalf.
              • d)advise the grievant that a representative may accompany the grievant to the hearing.
              • e)direct any other person whose appearance is deemed necessary to attend the hearing.
              • f)will distribute the decision of the panel within fifteen days of the hearing to the grievant and appropriate command members.
            • ii)panel will convene and the panel members will arrive at the most acceptable solution (i.e., a resolution in the best interests of the Department, the grievant, and other members in a similar situation).
            • iii)decision of the Grievance Review Panel will be subject only to final approval by the Superintendent and will be binding on all parties involved in the matter.
  • C.Grievance Procedures for Civilian Non-Bargaining Unit Members
    • 1.In addition to the restrictions set forth in Item IV-A of this directive and the City of Chicago Personnel Rules, the following conditions also apply to civilian members:
      • a.Any of the time limits specified in the grievance procedure steps may be doubled by mutual written consent.
      • b.For purposes of this procedure, a time period begins on the working day after a complaint, grievance, request for review, appeal, or answer is presented.
      • c.A member will be allowed reasonable time to present, file a grievance, or submit a request for appeal. This use of time shall not interfere with the operational needs of the Department. A member may not use work time to investigate or prepare written grievances, requests for review, or appeals. However, the member will be allowed to attend any hearing scheduled during duty hours.
      • d.Any resolution produced below the level of the Grievance Review Board will not set precedent for the resolution of other grievances.
      • e.Any resolution of a grievance by a Department supervisor or commanding officer that would result in the expenditure of funds or additional time off will not be effective until approved by the Superintendent.
    • 2.Preliminary Step: Informal Resolution
      • a.The member will bring the problem, orally or in writing, to the attention of the immediate supervisor within ten days of occurrence.
      • b.The supervisor and member will make every effort to resolve the problem.
      • c.Within five working days of receipt of the grievance, the supervisor will orally inform the member of the decision.
    • 3.Step One: Filing a Grievance
      • a.If the member is dissatisfied with the oral decision, a written grievance must be filed on a Grievance Initiation Form within ten working days of receiving the oral decision. All questions on the form must be answered.
      • b.After receiving a completed Grievance Initiation Form, the immediate supervisor will submit a written report and recommendation to the appropriate designated supervisor on a Grievance Disposition Form within five working days of receipt of the grievance.
      • c.The designated supervisor will:
        • (1)examine the grievance, review the immediate supervisor’s report and consult with MLAS relative to applicable Department or City policy and/or precedents.
        • (2)render a decision in writing by preparing a new Grievance Disposition Form within five working days of receipt of the immediate supervisor’s report.
        • (3)forward a copy of the Grievance Disposition Form to both the grievant and the immediate supervisor.
        • (4)forward a copy of the Grievance Initiation Form, a photocopy of both Grievance Disposition Forms, and all other pertinent documents to MLAS.
        • (5)ensure that a grievance file is established. The file will contain the original Grievance Initiation Form and Grievance Disposition Forms, a record of notes and dates of meetings between the grievant and management’s representative, and copies of all other pertinent documents.
    • 4.Step Two: Exempt Review
      • a.A member, who is dissatisfied with the Step One decision, may request a review of the grievance by the first level exempt member in the chain of command. The review must be requested on the Grievance Appeal Form within five working days of receipt of the Step One decision.
      • b.The member will submit the Grievance Appeal Form and all documents pertinent to the grievance to MLAS. MLAS will log the appeal and forward the documents to the first-level exempt member for review.
      • c.The first-level exempt member will review the grievance, and use a Grievance Disposition Form to inform the grievant of the decision within ten working days of receipt of the request for review.
    • 5.Step Three: Appeal to the Grievance Review Board
      • a.If the member is dissatisfied with the decision of the first-level exempt member, the member may make an appeal to the Grievance Review Board within five working days of receipt of the first-level exempt member's decision by submitting a Grievance Appeal Form to the Director, Human Resources Division. The member will forward a photocopy of the Grievance Appeal Form to MLAS.
      • b.The Grievance Review Board will consist of three members: the Commissioner of Human Resources, the Budget Director, and the Comptroller.
      • c.The Board will conduct a hearing of the appeal as soon as practicable. The hearing may be conducted by the Board, a Board member(s), or a fact-finder designated by the Board. The member has the right of representation at any Board meeting. The Board will issue a final decision to the Department and the member.
V.Records Retention
The Department will maintain records related to grievances in accordance with this directive, the appropriate collective bargaining unit agreement and prevailing laws.
  • A.Reports or other information relative to a discrimination or EEO complaint will not be placed in the complainant member’s personnel file.
  • B.Unit grievances will be filed alphabetically by the grievant’s last name. These files will be maintained for one year after the date of resolution.
  • C.A Unit Grievance Log will be created for each calendar year, and shall be retained for one year after the last remaining grievance is resolved.
  • D.The Office of Legal Affairs will maintain records related to an EEO complaint for a period of ten years after final resolution.
  • E.MLAS will retain grievance files for a minimum of five years:
    • 1.after arbitration or settlement, or
    • 2.after publication of findings in those cases heard by the Grievance Review Panel (for sworn non-bargaining unit members), or
    • 3.after final decision of a Grievance Review Board Hearing (for civilian members not covered by a collective bargaining agreement).
  • F.By 01 February of each year, MLAS will complete a documented analysis of all Department grievances filed during the previous year. A copy will be forwarded to the Office of the Superintendent and to the Director, Research and Development Division.
(Items indicated by italics/double underline were revised)
Kevin B. Navarro
Acting Superintendent of Police
T17-089 EW