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Des Plaines Arbitration Ruling

Des Plaines Arbitration Ruling

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Published by Northwest Herald
An arbitrator ruling in the Prim matter
An arbitrator ruling in the Prim matter

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Published by: Northwest Herald on Jul 09, 2013
Copyright:Attribution Non-commercial

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11/12/2014

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city
Qf DeS
Plaines
and
~etrg:PQ;Li
t.[iJiP,Jlia,x\¢e
of
Pql
i¢e
chapt~r
No.
4\\.0
1)at"
of
Award:
~y
3, 2013
For
the
City:
.'J.
'"i,
,
opinion.
i;1.r\q
AWarq
ipy
Arpit:tato:t
P(;lt(ltlfEiuill(l
;itl·
FM<7.sl'/<j,
12QEi02~Ol1117~5
«ToM
Bu,eMgt'ievan¢e)
Ms.
Ms.Mr.Ms.'Mr.
,Mr.
Yvette
Heintzelman,
Clark
Bair.d
smith
IiL]?,
Attor·ney
Mellssa
Schilling,
Clark
Baird
sinith
LL]?,
Attorney
Michael
Bartholomew,
City
Manager
Mr.
Angela
Burton,
retired
beputyChi'ef of
Police
.1asonSlowinski,
former
Acting
City
Manager
William
Kushner,
Chief
of
Police
Brandt
Gappitelli,
Elmhurst
Police Offioer
For
the
Union:
Mr.
Keith
A
.
Karlson,
Reimer
&
KarlsonLLC,
Attorn""y
Mr.
JeffreyT.
Theriault,
Reimer
&
Karlson
LLC,
Attorney
Mr.
John
Bueno,
Grievant
Mr.
Richard
Tracy,
MAp
Mr.
William
Prim,
retired
Police
Commander
The
Metropolitan
Alliance
of
P<;Jlice,
Chapter
lila.
240
,(Uul'lion"l
<:tl'ld
the
City
(jf
D"'13
p;taines("City,kUErnPloyer,
")have
taken
t.hegri~'lVqI'lCespeq~f;Leq
belOW'
to
a;r,[Jitgti<m
(City
Et.}1iPit
1 ("C¥
1")),
By
ffiJlj:JlaJ.
",gre(lwel'ltthepaJ:'ti.Ej\s
.l!el<;\
.;;;n
arpitratiqh
.l!earin.9
()):1
])JbV\3nlPEir
29,
December
i:t"
and
POCEH)lPer
12,
2012
in
Des
l?l'lin<!s,
IL,
lI,tt::4i.s
hearing
.both
siqe$
We:!;'Ei
q;bl(lt6
pr$sMt
all
tl1eeviqEihcEi
theyd~elJ!ed
aPPl;'Dpl;'iate;
Allt.'El13timony
Wils
taken
 
under
oath.
The
hearing
was
stenographically
recorded
and
a
transcript
was
produced.
The
parties
waived
oral
closing
arguments
and
filed
post-hearing
briefs.
with
the
Arbitrator's
final receipt
of
these
briefs
on
February
14,
2013
the record
in
this
matter
was
closed.
I am
grateful
forthe
parties'
courtesyregarding
the
amount
of
time
needed
to
prepare
and
issue
this
Award.
THE
ISSUE
At
the
hearing
the
parties stipulated
that
the issue
presented
for
resolution
is:
Did
the City
have
just
cause
to
terminate
Officer
John
Bueno
in
March 2012?
If
not,
what
is
the appropriate
remedy?
(Transcript,
page
41
("Tr.
41"».
The
parties
also
stipulated
that
this
matter
is
properly
at
arbitration
(Tr.
41).
BACKGROUND
2
The
City's
administrative
structure
includes
the
Des
Plaines
Police
Department
("Department").
The
Union
is
the
exclusive
collective
bargaining
representative for
a
bargaining
unit
of
all
sworn
police
officers
in the
Department
(Joint
Exhibit
1
("JX
1"».
The
Union
and
the
City
("the
parties")
have
a
collective
bargaining
relationship,
and
they
are
parties
to
a
collective
bargaining
agreement
(nCBAn)
covering
the
period
January
1,
2008
through
December
31,
2011
(CX
1),
which
by
extension includes
the
period
when
the
instant
grievance
was
filed
(JX
2). Officer
John
Bueno
("Grievant")
worked
as
a
PoliceOfficer forthe
City
since
 
3
April
1,
2002
(Union Bri!'>f,
pag!'>
7
(JlUn.Br.
7");"
City
Brief,
page
4
("C.Br.
4"»,
apd
at
all
pertinent
tim!'>s
in
this
matter
he
has
be.en a
membe):'
of
tn!'>
bargaining
unit
represented
by
the
Union.
During
part
of nis
!'>mployment
with
t.he
City,
t.he
Gri.evant
twide
was assigne<:l
to
the
Delta
unit
in
the
Investig;3.t.ions
DivisiOn.
The
Delta
unit
is
a
Small
grO\lP
of
officers
who
work
as
an
Undercover
narcotics
tactical
unit
to fight
narcotics
trafficking
(Tr.
43).
pelta
unit
menjbers
typically
wo):'k
inplaih¢lothes.
During
the
periods
May
2006
through
August
2007
"nd
J1H!ui;.ry
20()9
until
August
2010
the
Gr:i.!'>vant
WaS
assign!'>d
to
t.he
Delta
unit
(CX
5,
pp.
10-121
C.Br.
5).
Inor
about. JUne
2009
th!'>
Grievant
had
an
encounter
wit.h gnarrest.!'>!'>
nant!'>d
in
_ c!'>ll
at
t.ne
C!Lt.y
polio!'>
stat.ion,
which
will
b!'>
d:lscuss!'>d
below,
On
or
about
J"nuary
20,
2010
the
Grievant
nadan
encounter
attn!'>
City
police
station
with
an
arrestee
named
__
which
also
will
be
discussed
):)e10w:.
Also
in
January
2010
th!'>
Grievant,
who
was
working
wit~
arranged
to
set. up a
drug
buy
from
a
reputed
drug
d!'>aler.
1'his
<:lrug
buy
w.as
supposed
to
occUr on
in
a
parking
lot.
near
a
fast.~food
restaurant
located
near
the
intersection
of_
in
D.6S
Plain!'>s.
Th!'>
Gri!'>vant
drbve
to
t.hisparking
lot
accompanied
by
_.
_
drov!'>
into
the
parking
lot
and
park!'>d
his
car
n!'>xt
to
the
Grievant.
Oth!'>r De1t.aUnit.
officers
present
st.arted
converging
on
__
ar.
_
observed
t.his
and
decided
to
depart.,
which he
did
by

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