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c.tosetreasonablestandardsfortheservicesto beoffered to the public;d.to direct its employees, including the right to assignwork and overtime;e.to hire, examine, classify, select, promote, restore tocareer service positions, train, transfer, assign and schedule terthecomposition and size of the work force, including the right torelieve employees from duties because of the lack of work or fundsor other proper reasons;g.to contract out work;h.to establish work schedules and to determine the startingand quitting time, and the number of hours worked;i.to establish, modify, combine or abolish job positionsand classifications;j.to add, delete or alter methods of operation, equipmentor facilities;k.to determine the locations, methods, means and personnelby which operations are to be conducted, including the right todetermine whether services are to be provided or ctiveinternal control program;5175843.1

m.to suspend, demote discharge, or take other disciplinaryaction against employees for just cause; andn.to add to, delete or alter policies, procedures, rulesand esandrights,whether listed above or not, which the Employer has not expresslyrestricted by a specific provision of this Agreement are not in anyway, directly or indirectly, subject to review, provided that nonof these rights is exercised contrary to or inconsistent with otherterms of this Agreement or law.Section 2.2Work StandardsThe Employer has the right to establish reasonable work loadstandards.Prior to establishing or changing work load standards,the Employer will notify the Union, and upon request of the Union,shall meet to discuss such standards.Section 2.3Rules and RegulationsThe Employer shall have the right to make, and from time totime change, reasonable rules and regulations, after prior oyees'compliance therewith upon notification to employees, provided thatno such rule or regulation or change therein shall be contrary toor inconsistent with this Agreement or law.6175843.1

ARTICLE 3UNION SECURITY, DUES DEDUCTION AND REMITTANCESection 3.1A.Union SecurityAny employee covered by this Agreement who is a member ofthe designated Union on the effective date of this Agreement shall,as a condition of continuing employment, remain a member of theUnion and shall tender to the Union those dues an fees uniformlyrequired of Union members in good standing, for the life of thisAgreement.B.The Employer, upon receipt of a validly executed writtenauthorization card, shall deduct Union dues and initiation gthededuction in an amount certified by the Union, and shall remit suchdeductions on a monthly basis to the Union.Authorization for suchdeduction shall be irrevocable unless revoked by written notice tothe Employer and the Union during the fifteen (15) day period priorto the expiration of this Agreement.The Union shall indemnify,defend and hold the Employer harmless against any and all claims,demands, suits or other forms of liability, including damages,attorneys fees and court and other costs, that shall arise out of,or by reason of action taken or not taken by the Employer for thepurpose of complying with all Paragraphs of this Article, or inreliance on any list, notice, certification or assignment furnishedunder any of such provisions or in reliance upon employee payroll7175843.1

eEmployer.C.The Employer shall provide to the Union each month thename, address, classification, rate of salary and starting date ofthe employees in the bargaining unit.D.It is further agreed that 3 0 days after the execution ofthis agreement or the employee's date of hire or entry into theBargaining Unit, whichever is later, the Employer shall deduct fromthe earnings of employees who are not members of the Union, amonthly amount as certified by the Union and shall remit suchdeductions to the Union at the same time that the dues check-off isremitted under the terms and procedures to be agreed to between theEmployer and each of the Unions.It is understood that the amountof deduction from said non-member bargaining unit employees willnotexceedtheregular monthly union duesandrepresentstheemployee's fair share cost of the collective bargaining process,contract administration and pursuing matters affecting wages, hoursand other conditions of employment.E.SectionNothing6(g)in this Agreementof theIllinoisshall be inconsistent withPublicLaborRelationsActinprotecting the right of non-association of employees based upon thebonafide religioustenets or teachings of a Church or otherreligious body of which such employees are members.8175843.1

Section 3.2Activity ReportThe Employer shall provide to the union, on a monthly basis,a unit activity report of current active bargaining unit membersthat will list retirements, resignations, discharges, terminations,leaves of absence, suspensions, reinstatements, re-appointments,transfers (change of departments and change of payroll); appoints(which also includes promotions and demotions), and deaths.Eachmonth the Employer will provide to the union the current month'sunit activity report and the updated reportfrom the previousmonth.ARTICLE 4NO STRIKE OR LOCKOUTSection 4.1No StrikeDuring the term of this Agreement neither the Unions, theirofficers, or members shall instigate, call, encourage, sanction,recognize, condone, or participate in any strike, sympathy cketing,orinterference with rendering of services by the Employer.Section 4.2Union's ResponsibilityThe Union agrees that it will use its best efforts to preventany acts forbidden in this Article and that in the event any suchacts take place or are engaged in by any bargaining unit employee,the Union further agrees it will use its best efforts to cause animmediate cessation thereof.If the Union immediately takes allreasonable steps in good faith to end such action, the Employer9175843.1

agrees that the Union shall not be responsible for, and that itwill not bring action against the Union to establish responsibilityfor such wildcat or unauthorized conduct.Section 4.3TheDiscipline For ployment or otherwise discipline any employee who engages in anyact forbidden in this Article, subject to the grievance procedure.Section 4.4No LockoutThe Employer agrees not to lock out the employees during theterm of this Agreement.ARTICLE 5BILL OF RIGHTSSection 5.1Union RepresentationAt any meeting between the Employer and an employee in ed,disciplineincludingis to bedisciplinarydiscussed,a Unionrepresentative may be present if the employee so requests.Section 5.2Notification of ComplaintAll employees who have been identified as the subject of aregistered complaint will be notified in writing within ten (10)work days, except if the matter involves an investigation pletetheinvestigation, in which event the employee shall be notified withinten (10) work days after the surveillance is completed, or whereconfidentiality is necessary to complete the investigation, within10175843.1

ten(10) work days after the investigation is completed.ThisSection shall not apply to any order of a Federal or state court,grandjury or prosecutor,wherethe matterinvolvedis undercriminal investigation and the Employer is directed not to revealthe complaint or investigation.Section 5.3Conduct of Disciplinary InvestigationWhenever an employee covered by this Agreement is the subjectof a disciplinary investigation, other than summary punishing inthe Police Department, the interrogation will be conducted in thefollowing manner:A.initialThe interrogation of the employee, other than in nable time, preferably while the employee is on duty, or iffeasible, during daylight hours.B.The interrogation, depending upon the allegation, willtake place at the employee's location of assignment, or otherappropriate location, such as the office of the nderinvestigation shall be informed of the person in charge of theinvestigation, the interrogator and the identity of all personspresent during the interrogation.When a formal statement is beingtaken, all questions directed to the employee under interrogationshall be asked by and through one interrogator.11175843.1

D.No anonymous complaints made against any employee shallbe made the subject of an investigation, unless the allegation isconcerning residency or is of a criminal nature; provided, endentcorroborative evidence.E.Allinvestigations will begin within 30 days of thecomplaint, unless the Employer cannot do so for cause, such as theemployee is not available to permit the investigation; the rtoconductthenumberofinvolved, or the complaint relates to a plannedcourse of conduct at a future date.F.Immediately prior to the interrogation of an employeeunder investigation, the employee shall be informed of the natureof the complaint.G.The length of interrogation sessions will be reasonable,with reasonable interruptions permitted for personal necessities,meals, telephone calls and rest.H.An employee under interrogation shall not be threatenedwith transfer, dismissalor disciplinary action or promised areward as an inducement to provide information relating to theincident under investigation or for exercising any rights ,includingdischarged, for failure to answer questions or otherwise cooperatewith the Employer's investigation.12175843.1

I.An employee under investigation will be provided withoutunreasonabledelaywitha copyofanywrittenstatementtheemployee has department employee, said employee will be given the statutoryadministrative proceedings rights, of if the allegation mployee,saidemployee will be given the constitutional rights concerning selfincrimination prior to the commencement of interrogation.K.At the request of the employee under interrogation, ifthe employee may be subject o discipline, the employee shall havethe right to be represented by a representative of the tionThecan beobtained, provided the suspension is not for an unreasonable timeand the Employer does not have its interrogation unduly delayed.L.The results of the polygraph examination shall not beused against an employee in any forum adverse to the employee'sinterests.The Employer will not require a polygraph examinationif it is illegal to do so.If an employee is asked to take apolygraph examination, he/she will be advised in writing 24 hoursprior to the administration of the examination.The results of anypolygraph examination shall be known to the employee within oneweek.13175843.1

ation to speak or testify before, or to be questioned byany non-governmental agency relating to any matter or issue underinvestigation.N.The Officeof MunicipalInvestigationsshallnot besubject to this Article, except as to Subsections H., I. and K.,above.0.This article shall not apply to employee witnesses.ARTICLE 6EMPLOYEE SECURITYSection 6,1Just Cause StandardNo non-probationary employee covered by this Agreement shallbe discharged or disciplined without just cause.Section 6.2File InspectionThe Employer's personnel files and disciplinary history filesrelatingto any employee, upon due notice, shall be open andavailable for inspection by the affected employee during regularbusiness hours, except for information which the Employer deemsconfidential.Section 6.3Limitation on Use of File MaterialIt is agreed that any material and/or matter not available forinspection, as provided for in Section 6.2 above, shall not be usedin any manner or any forum adverse to the employee's interests.14175843.1

Section 6,4(a)Use and Descruction of File other than Police Board cases, will be destroyedfiveFiles,(5) yearsafter the date of the incident or the date upon which the violationisdiscovered,relateswhicheverto a matter whichislonger,has beenunlesssubjecttheinvestigationto either civilorcriminal court litigation prior to the expiration of the five efilesnormally will be destroyed five years after the date of the anadverseemployment nature which is unfounded, exonerated or otherwise notsustained,shall not be used against the employee in any futureproceedings.Any record of discipline may be retained for a period of timenot to exceed eighteen (18) months and shall thereafter not be usedas the basis of any further disciplinary action, unless a patternof sustained infraction exists.least twoA pattern shall be defined as at(2) substantially similar offenses during said eighteen(18) month period.Section 6.5Traditional WorkAny work which has been traditionally performed by employeeswho are represented by the Union shall continue to be performed by15175843.1

said employees, except where non-unit employees have in the pastperformedunit work, orin emergencies,to train orinstructemployees, to do layout, demonstration, experimental, or wledgeisrequired, provided however, where employees do not report to workbecauseof vacations, or other absencesor tardiness, or forpersonal reasons during the course of the day, or because all ofthe employees are or will be occupied with assigned duties, or tocomplete a rush assignment, employees of any other unit representedby another Union shall not perform the work of said eplacement for the ssignedForisonas aThe Employer shall not arbitrarily extendthe period of any emergency beyond the need for that emergency.ARTICLE 7GRIEVANCE AND ARBITRATIONSection 7.1 - Discipline Proceduresa.Discharges shall be governed exclusively by the City ofChicago's Personnel or Police Board Rules.An employee may bedischarged for just cause before the Personnel or Police Boardhearing, provided that said employee shall be guaranteed, uponrequest, a full hearing before said Board in accordance with saidBoard's rules.An employee who may b-3 subject to disciplinaryactionimproprietyfor anyhas the rightto askfor a Unionrepresentative to be present at any interrogation or hearings.16The175843.1

grievance procedure provisions herein and the Personnel or PoliceBoard appeals procedures are mutually exclusive, and no reliefshall be available under both.Included in the procedures to befollowed are the respective time frames for each of the appealprocedures.That is, the Employer, Union and employee shall adhereexclusively to the specified time frames of the selected appealprocedure.In the event that a discharged employee appeals an adversedecision of the Personnel or Police Board to the Circuit Court ofCook County, or thereafter to the Appellate Court of Illinois, andthe decision of the Personnelor Police Boardis reversed orremanded resulting in restoration of the job, the Employer will paythe employee's reasonable attorney'sfees which he or she hasincurred in connection with the court proceeding, excluding feesincurred before the Personnel or Police Board.The employee shallsubmit a post-appeal fee petition to the Employer, which shall besupported by full documentation of the work performed, the hoursexpended, and the rates paid by the employee.Should the partiesbe unable to agree on the proper amount of the fees to be paid tothe employee, either party may refer the dispute to arbitrationunder the relevant provisions of this agreement.b.The Employer within its discretion may determine whetherdisciplinary action should be an oral warning, written reprimand,suspension or discharge, depending upon various factors, such as,17175843.1

but not limited to, the severity of the offense or the employee'sprior record.Such discipline shall be administered as soon aspractical after the Employer has had a reasonable opportunity tofully investigate the matter.c.In cases of oral warnings, the supervisor or her/herdesignee shall inform the employee that he/she is receiving an oralwarning and the reasons therefore.For discipline other than oralwarnings, the employee's immediate supervisor or his/her designeeshall meet with the employee and notify him/her of the accusationsagainst the employee and give the employee an opportunity to answersaid accusations.Specifically, the supervisor or his/her designeeshall tell the employee the names of witnesses, if any, and makeavailable copies of pertinent documents the employee or Union islegallyentitledavailable.toreceive,If the employeetotherequestsextentthenknownandthe presence of a Unionrepresentative at a meeting, one will be provided, if available,who shall be given the opportunity, if the employee requests, torebut the discipline and request further pertinent information.Section 7.2a.Grievance ProcedureMatter-s which are management rights, except as expresslyabridged by a specific provision of this Agreement and dischargesshall be excluded from this grievance procedure.Disciplinarycases which are converted from a discharge to a suspension as a18175843.1

result of a decision of the Personnelor Police Board do notthereafter become arbitrable as a result of said decision.b.A difference, complaint or dispute (hereinafter called ritandtheUnionrepresents,orarisingany oftheouttheofcircumstances or conditions of employment, shall be exclusivelysettled in the following manner and there shall be no strikes,slowdowns, or work stoppages during the life of this Agreement.Section 7

PUBLIC SAFETY EMPLOYEES UNION UNIT II TABLE OF CONTENTS Page ARTICLE 1 - RECOGNITION 2 Section 1.1 2 . Senior Public Safety Aide; Detention Aide; Aviation Security Officer. 3. Local Union 165, I.B.E.W., AFL-CIO: Included - Aviation Communications Operator, Police Communications Operator