Lawsuit claims Arlington Heights altered police promotion rules to block unionization

A lawsuit brought Tuesday by a police union and three Arlington Heights officers contends village officials changed longstanding promotional rules to effectively block them from collective bargaining.

The complaint, filed Tuesday morning in Cook County circuit court, seeks a judgment declaring an ordinance approved on the village board’s Nov. 17 consent agenda as invalid and unconstitutional.

Effective Jan. 1, the measure transfers the authority of police department promotions — for patrol officers to become sergeants — from the Arlington Heights Board of Fire and Police Commissioners to Village Manager Randy Recklaus. That ensures sergeants are “per se” supervisors and unable to organize, according to the suit.

The legal action was filed by the Metropolitan Alliance of Police; local chapter President Daniel Bell, who is an Arlington Heights patrol officer; Brandi Romag, a sergeant; and Christopher Tatman, a detective.

“Manipulating the promotion system to strip officers of their constitutional rights is both unlawful and unacceptable,” Keith George, president of the MAP union, said in a statement.

“Arlington Heights’ calculated maneuver was never about efficiency, fairness or public safety; rather, it was a blatant union-busting tactic designed to silence the voices of those entrusted with protecting our community,” he added. “Through this lawsuit, we intend to make clear that no municipality has the authority to undermine the constitution or retaliate against officers who choose to organize.”

In an email, Recklaus said the village has no comment on the lawsuit at this time.

In a Nov. 5 memo to rank and file, Police Chief Nick Pecora wrote that shifting promotional authority from the commission to the village manager “solidifies the intent of administrative oversight to the promotional process,” and is consistent with the current practice for positions of chief, deputy chief and commander.

“The change is intended to be commensurate with the long-standing view of Arlington Heights police sergeants as supervisors, whose responsibilities and authority match the historical definition and interpretation,” Pecora wrote.

Pecora’s memo refers to the impact of Senate Bill 1701, which amended the Illinois Public Labor Relations Act to exclude cops who have to complete a written test to get to the next rank from the definition of “supervisor.”

The police union argues that changing the written, merit-based promotional testing process handled by the fire and police commission prevents sergeants from being classified as nonsupervisory employees eligible to form or join a union.

The day after the village board passed the ordinance altering the police promotion process, MAP filed a petition with the Illinois Labor Relations Board seeking to organize all 16 sworn full-time sergeants.

On Monday, the village filed a position statement objecting to the police union’s petition, writing that it should be dismissed due to the union’s concession that sergeants are “supervisors,” and over the village’s refusal to approve a supervisor-only bargaining unit.

A hearing on the lawsuit is scheduled for Feb. 9.