Long road ahead for police union's complaint

Don't hold your breath waiting for the Naperville police union's unfair labor practice complaint against the city to weave its way through the legal system.

John Brosnan, executive director of the Illinois Labor Relations Board, says the initial investigation into the complaint likely will run into the new year.

If his office decides there's enough evidence to bring the complaint before an administrative law judge, it could take months before the case is heard and a verdict rendered.

And there are steps along the way that allow either side to appeal to the full labor relations board and then the Illinois Appellate Court.

“You're always better off working it out on your own rather than entrusting it to a judge or an appellate court or anyone else,” Brosnan said Monday.

The police union filed its complaint Nov. 9 claiming the city bargained in bad faith when it waited until after a new three-year contract was signed to announce it planned to lay off six officers and leave a seventh post vacant to help pay for the negotiated raises.

Union officials said they also believe the layoffs were made in retaliation for officers negotiating what they believe is a fair contract.

The three-year pact, which gives officers raises totaling more than 9 percent over three years, was announced on Nov. 4. At that same time, city officials said the agreement resulted in “wage increases beyond what we wanted to pay or believe we can reasonably afford.”

The city announced the layoffs on Nov. 8.

Brosnan said the complaint to the labor relations board has triggered what could be a lengthy process that begins with an investigator meeting with union officials to get a better understanding of the issues and “work out any questions and fill in any blanks.”

If it appears there's enough evidence to pursue a charge against the city, the investigator will meet with municipal officials to cross-check facts.

If it still appears there's enough evidence to pursue a charge, the investigator will bring the information to Brosnan for review. Brosnan will then decide if there is “sufficient showing” on each element of the complaint to justify a hearing.

Brosnan said his office tries to complete its probes within 60 days of receiving a complaint. Some cases can be handled quicker, but others, “with knottier questions,” may take longer.

He said he expects the Naperville investigation to be concluded by Jan. 10.

If he believes the case warrants a hearing, it will be brought before an administrative law judge. In that instance, the union presents its case first, the city follows and then both sides usually submit legal briefs in place of closing arguments.

“The hearings are a lot like trials you see on TV,” he said, “only in this case they're conducted in a big room in an office building.”

How quickly the case can be heard depends on the judge's calendar, he said, and how quickly a ruling is handed down depends on the judge's caseload and the complexity and severity of the complaint. In either case, it's typical for it to take months for a ruling.