Collective Bargaining: A - PowerPoint Presentation

1. Collective Bargaining:A PRIMER FOR NEGOTIATIONSThomas M. Melody Klein, Thorpe & Jenkins, Ltd.Jason A. Guisinger 20 N. Wacker Drive, Suite1660, Chicago IL, 60606Erin K. Lavery 312-984-6400

2. INTRODUCTIONIllinois Public Labor Relations ActUnfair Labor PracticesCollective BargainingArbitrationsPractical Considerations during Negotiations

3. UNDERSTANDING THE LAWSOURCE OF LAWIllinois StatutesIllinois Public Labor Relations Act5 ILCS 315/1 et seq.Agency Rules and DecisionsIllinois Labor Relations Rules and RegulationsDecisions of the Illinois Labor Relations Board (ILRB)Court Decisions

4. IL PUBLIC LABOR RELATIONS ACTPurpose: The purpose of the IPLRA is, “to prescribe the legitimate rights of both public employees and public employers, to protect the public health and safety of the citizens of Illinois, and to provide peaceful and orderly procedures for protection of the rights of all.”

5. Who is covered?The Act applies only to public employers, public employees, and the labor organizations which represent those public employees.Public employers include any unit of local governmentPublic employees are individuals employed by a public employerEssential services employees are those public employees performing functions so essential that the interruption or termination of the function will constitute a clear and present danger to the health and safety of the persons affected in the affected communityPolice officers, firefighters & paramedics

6. Managerial EmployeesThe Act does not cover “managerial employees”Managerial employee means an individual who is engaged predominantly in executive and management functions and is charged with the responsibility of directing the effectuation of management policies and practices. 5 ILCS 315/3(j)

7. Supervisors in Police Bargaining UnitsSec. 3(r): “Supervisor” is an employee whose principal work is substantially different than that of his or her subordinates and who has the authority, in the interest of the employer, to hire, transfer, suspend, lay off, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment.In determining supervisory status in police employment, rank shall not be determinative. The Board shall consider, as evidence of bargaining unit inclusion or exclusion, the common law enforcement policies and relationships between police officer ranks and certification under applicable civil service law, ordinances, personnel codes, or Division 2.1 of Article 10 of the Illinois Municipal Code, but these factors shall not be the sole or predominant factors considered by the Board in determining police supervisory status.

8. What the Act ProtectsIt protects the following rights:the right to form, join or assist labor organizations without fear of discrimination, penalty or retaliation: the right to bargain collectively with their employer through representatives of their own choosing; the right to engage in other lawful, concerted activities for the purpose of collective bargaining; and the right to refrain from participating in any and all of these activities.

9. Unfair Labor PracticesA public employer commits an unfair labor practice whenever it engages in any of the following acts:Interfering with, restraining or coercing employees in the exercise of their rights granted in the Act; or dominating or interfering with a labor organization; Discriminating against employees in order to encourage or discourage membership in/or support for a labor organization; Discriminating against an employee who has signed or filed an affidavit, petition or charge with the Board, or who has provided any information or testimony pursuant to the Act; Refusing to bargain in good faith with the exclusive bargaining representative;Violating any rule or regulation of the Board concerning the conduct of representation elections; Spending public funds to an external agent, individual, agency or association in an attempt to influence the outcome of a representational election; and Refusing to reduce a collective bargaining agreement to writing or to sign such an agreement. (Section 10(a) of the Act).

10. Unfair Labor Practices Cont.A labor organization commits an unfair labor practice whenever it engages in any one of the following:Restraining or coercing public employees in the exercise of rights granted in the Act or violating its duty to fairly represent employees by acting with intentional misconduct; Restraining or coercing a public employer in the selection of its representative for collective bargaining or grievance settlement purposes; Attempting to cause an employer to discriminate against an employee, thereby causing the employer to commit an unfair labor practice; Refusing to bargain in good faith, if it is the exclusive bargaining representative; Violating any rule or regulation of the Board concerning the conduct of representation elections; Discriminating against an employee who has signed or filed an affidavit, petition or charge with the Board, or has provided any information for or testified at a Board hearing; Unlawfully picketing a public employer; and Refusing to reduce a collective bargaining agreement to writing or to sign such an agreement. (Section 10(b) of the Act).

11. Who may file an unfair labor practice charge?A public employee, labor organization or a public employer may file unfair labor practice charges with the Illinois Labor Relations Board.An individual cannot file a charge alleging a violation of either the Employer's or Union’s duty to bargain in good faithThe Union represents an individual when it files a charge on behalf of the individualWhen against the Union or otherwise without union assistance, the individual represents himself or hires an attorney to represent him/her

12. Procedures for Unfair Labor ChargesA charge must be filed with the Illinois Labor Relations Board (“Board”) within six (6) months of the date the alleged violation occurred, or within six (6) months of the date the charging party should have reasonably become aware of the alleged violation (Section 11(a) of the Act)The person or entity filing the charge has the burden of proof

13. Procedures for Unfair Labor ChargesOnce filed with the Board, the charge is assigned to a Board investigatorThe investigator talks with the parties and obtains information surrounding the chargeIf there is an issue of law or fact, the Executive Director will issue a Complaint for Hearing and set the matter for hearing before an Administrative Law Judge (“ALJ”)A Complaint sets forth the dispositive facts and allegations; names the ALJ and requires the Respondent to answer each of the allegations in the Complaint prior to a hearingIf the investigation reveals there are no issues of law or fact to support a Complaint, the Executive Director will dismiss the unfair labor practice chargeThe charging party may appeal the dismissal to the appropriate Panel of the Board within 10 days after service of the notice of dismissal

14. Procedures for Unfair Labor ChargesAt a hearing, the parties have an opportunity to question witnesses under oath, present relevant evidence, argue orally and present written briefs.The ALJ will issue a written Recommended Decision and OrderParties may appeal a Recommended Decision and Order by filing “exceptions” with the Board within 30 days of receiving the Recommended Decision. Exceptions must include a detailed written brief in support of the exceptionsThe Board will review the records and the exceptions and issue a ruling either affirming or reversing the ALJ’s recommended decisionDecisions of the Board can be appealed directly to the Appellate Court

15. COLLECTIVE BARGAININGSection 3(b) of the Act defines collective bargaining as “bargaining over terms and conditions of employment, including hours, wages, and other conditions of employment, as detailed in Section 7 and which are not excluded by Section 4”

16. IPLRA- Collective BargainingSec. 4. Management Rights.Employers shall not be required to bargain over matters of inherent managerial policy:Functions of the employerStandards of servicesOverall budgetOrganizational structure and selection of new employeesExamination techniques and direction of employeesEmployers shall be required to bargain over:Policy matters directly affecting wagesHours and terms and conditions of employment Impact thereon upon request by employee representatives

17. Mandatory Subjects of BargainingThe U.S. Supreme Court held that overtime pay, shift differential pay, severance pay, pension and profit sharing are considered mandatory subjects of bargainingNot an exclusive listTest to determine if it is a management right or a subject of bargaining:Does the subject involve wages, hours, or other terms of employmentDoes the subject involve inherent managerial authorityIf the answer to both above is “yes” then weigh the benefits bargaining has on the decision-making process with the burdens that bargaining imposes on the employer’s authorityIf benefits outweigh burden, then it is a mandatory subject of bargaining

18. Mandatory Subjects of Bargaining: Guidelines for Employee ConductFACTS: The Transit Authority made changes to its code of conduct, used by supervisors as a guideline for disciplining employees. The guidelines set out the procedures for discipline including verbal warnings, written warnings, interviewing employees, and so on. The Transit Authority never negotiated the changes to the guidelines with any of the unions representing its employees. One of the changes to the guidelines was the removal of the written warning step in the discipline process.

19. Mandatory Subjects of Bargaining: Guidelines for Employee ConductANSWER: Changes to the code of employee conduct is a subject of mandatory bargaining in this case because the Transit Authority’s decision to change the guidelines affects the wages, hours and working conditions of union members. The unilateral elimination of a step in the disciplinary process means that an employee would be subject to suspension at the second, instead of the third step in the process. CTA Trade Coalition, 22 PERI 120 (2006).

20. Mandatory Subjects of Bargaining: Layoffs of Employees ISSUE: The Forest Preserve District decided to hire a private contractor to take over the operations of a golf course it owned and operated, and to layoff 97 employees as a result.

21. Mandatory Subjects of Bargaining: Layoffs of EmployeesANSWER: An employer’s decision to layoff employees is inextricably connected with the terms and conditions of employment and is therefore a mandatory subject of bargaining. Conducting layoffs necessarily implicates the terms and conditions of employment and under Central City such layoffs must be bargained. Forest Preserve District of Cook County v. ILRB, 21 PERI 42 (2006) (Illinois Appellate Court, 1st Dist.).

22. IPLRA: Collective BargainingSec. 6. Right to organize and bargain collectively; exclusive representation; and fair share arrangements.(a) Employees of the State and any political subdivision of the State are protected in the exercise of:The right of self-organization, The right to form, join or assist any labor organization,To bargain collectively through representatives of their own choosing on questions of wages, hours and other conditions of employmentThe right to engage in collective bargaining activities or other mutual aid or protection, free from interference, restraint or coercionThe right to refrain from such activities

23. IPLRA: Collective BargainingSection 7: Duty to bargain. A public employer and the exclusive representative have the authority and the duty to bargain collectively as set forth in this Section.“Collective bargaining” means mutual obligation to:Meet at reasonable times – in advance of the budget making processNegotiate in good faith – wages, hours, conditions of employmentExecute a written contract incorporating any agreement reachedThe employer and the exclusive representative are not compelled to agree to a proposal nor to make concessions

24. IPLRA: Grievance Procedures Section 8: States that a grievance procedure must be established between employer and Union to resolve disputesThe procedure will apply to all employees in the bargaining unitWill provide for final and binding arbitration of disputes concerning the administration or interpretation of the agreement unless parties mutually agree otherwiseAll grievances are subject to the Illinois Uniform Arbitration Act

25. Grievance ArbitrationThe parties have the authority to decide whether grievances will be subject to arbitration. Can expressly state which portions of the CBA or other rights are entitled to arbitrationArbitration clause in Croom mandated arbitration only for grievances over express provisions of the collective bargaining agreement. Because the question of additional pay was not expressly addressed in the agreement, it was therefore not subject to arbitration. See Croom v. City of Dekalb, 71 Ill. App. 3d, 370, 375–76 (2d Dist. 1979)“Arise under CBA” is much broader language

26. Grievance Arbitration & Strike Grievance arbitration focuses on resolving disputes regarding the interpretation and application of an existing agreementWhen a collective bargaining agreement includes a no-strike provision, it must allow for grievance arbitrationA no-strike provision voluntarily entered into does not entitle employees to interest arbitration

27. Scope of Grievance Arbitration Grievances generally include any claim that the collective bargaining agreement has been violated or any claim that the collective bargaining agreement is not being interpreted, applied or enforced in a manner contemplated by the agreement.Arbitrator's authority is generally limited to his interpretation, application or enforcement of the existing labor agreementAuthority does not extent beyond four corners of labor agreementArbitrator typically does not have power to add to, subtract from, modify or delete any provision of the labor agreement.

28. Selecting an ArbitratorThe contract should specify that the arbitrator will be selected either from A selected panel of arbitrators;American Arbitration Association; orFederal Mediation and Conciliation Service

29. The Hearing ProcessThe IssueThe Burden of ProofOpening StatementExamination and Cross ExaminationEvidenceClose of the Hearing and the Arbitrator's Decision

30. Key ConsiderationsPast Practice: Where the application of a contract provision is ambiguous and subject to interpretation, Arbitrator will heavily lean on how the parties have previously applied the particular provision. Negotiating History:Withdrawn proposals can provide clarity into the understood meaning of a provision. Stare Decisis:Though not binding, a previous arbitration decision may be persuasive authority.

31. Principles of Construction A party cannot obtain in arbitration what he sought but failed to obtain in negotiations.Specific language takes precedent over general language.To express one thing is to exclude another.Avoidance of harsh result.

32. Vacating an AwardCBA may specifically provide that an arbitrator's decision shall be “final and binding.”The Uniform Arbitration Act provides authority to challenge the ruling of the arbitrator if the arbitrator did not (1) follow the applicable “rules of law,” (2) decide in accordance with terms of the contract, or (3) “take into account the uses of trade applicable to the transaction.” 710 ILCS 5/8 (2010).Grounds for vacating an award:(1) the award was procured by corruption or fraud, (2) the arbitrator was partial, (3) the arbitrator exceeded his or her powers, (4) the arbitrator unreasonably refused to postpone the hearing or hear evidence, or (5) there was no agreement to arbitrate,(6)where a “gross error of law or fact appears on the award’s face.”

33. IPLRA: Interest ArbitrationSection 17 of the Act prohibits security employees, as defined in Section 3(p) of the Act, Peace Officers, Fire Fighters, and paramedics employed by fire departments and fire protection districts from striking.As a result of being prohibited by law (in contrast to agreement) from striking, those employees are entitled to interest arbitration.

34. Interest Arbitration Interest Arbitration focuses on resolving disputes regarding the “new” or “next” labor agreement.Parties present evidence, data and arguments in support of their position that a particular provision should be included in the next contract, which arbitrators will propose or award. Binding on both parties.

35. Impasse/Interest Arbitration Under the IPLRASection 14: Security Employee, Peace Officer and Fire Fighter Disputes. Prior to engaging in interest arbitration, parties must reach impasseUpon impasse, mediation shall begin 30 days prior to the expiration date of a collective bargaining agreement, (or upon 15 days notice for an initial collective bargaining agreement) unless the parties mutually agree on some other time limitEither party may request arbitration if any dispute has not been resolved within 15 days of the last meeting of the parties and the mediator   

36. No Strike Under the IPLRA – Clear and Present Danger Section 18: (a) If a strike, which may constitute a clear and present danger to the health and safety of the public, is about to occur or is in progress, the public employer concerned may petition the board to make an investigation and conduct a hearing. If the board finds that within 72 hours there is a clear and present danger to the health and safety of the public, the employer shall petition the circuit court where the strike is about to occur or is in progress for appropriate judicial relief to stop the strike or to set conditions and requirements which must be complied with by the exclusive representative, to avoid or remove any such clear and present danger. The Court may allow the strike to occur or order essential employees back to work if it finds it necessary to protect public health and safety from clear and present danger.

37. Contractual IssuesThe Act Takes Precedence. Any collective bargaining contract between a public employer and a labor organization executed pursuant to 5 ILCS 315 shall supersede any contrary statutes, charters, ordinances, rules or regulations relating to wages, hours and conditions of employment and employment relations adopted by the public employer or its agents. Any collective bargaining agreement entered into prior to the effective date of this Act shall remain in full force during its duration.

38. PRACTICAL CONSIDERATIONS

39. Bargaining TeamsNeither side can dictate who to include or exclude from their respective teams. The parties may agree to limit the number of bargaining team members.The bargaining teams are expected to have authority to enter into tentative agreements on contract proposals.The employer’s team should not include a majority of the members of the Board so that a Board commitment to an issue cannot be immediately made at the table. If a majority of the Board is present, the union will put intense pressure on the members who are present to commit to a position.The employer's team should include an administrator who is familiar with the day-to-day operation of the public body so that the employer’s team can have reliable information available if the union asserts that there are operational problems.It may be advantageous to not have the chief administrator at the table. The employer’s team can rely on taking issues back to the administrator for review. Additionally, unions sometimes portray the chief administrator as the “bad guy,” so that there is a rallying point for the membership and having the chief administrator at the table may cause issues.The team should select a spokesperson so that statements made at the table are clear and consistent.

40. Ground RulesGuidelines to govern bargainingMay mutually agree to dispense with or relax themCan include things like:No discussion with mediaTime limit on meetingsStructure of proposals

41. The First ProposalFirst proposal should come from the union.Employer may base its response on the union’s proposal.Do not bargain in a piecemeal fashion.

42. Employer ResponsesEmployer response may not be “Take it or Leave it.”Employer is not required to accept union’s proposal.

43. Strategic Considerations The bargaining table is a place to solve problems – both sides should explain their proposalsMake new language proposals appear to be as similar to existing language as possibleAgree on the scattergram composition as soon as possibleScattergram composition should not be changed form year to yearBe wary of regressive bargainingUse of “package proposals” Use of the “supposal”

44. Strategic ConsiderationsUse of the “sidebar”Understand the theory of “diminished expectations”Know how each proposal affects each member of the union’s teamCost the union’s financial proposal on your ownStatements made at and away from the table send messages“Sleeping dogs”“Sacred cows”

45. Interest Based (“Win-Win”) FormatNegotiating

46. Foundations of Interest Based BargainingInterest Based Bargaining (“IBB”), known as “win-win” and “mutual gains” abandons the formal spokesperson and exchange of written proposals and allows participation by many individuals and focuses on interest based problem solving techniquesExtensive training of the teams in problem solving and listening techniquesCommitment of all or most of the members of the Employer in the training and bargaining sessionsWillingness of all participants to follow the IBB format and principles

47. Benefits of IBBOpen exploration and discussion of issuesUnion may develop greater appreciation of the board’s limitations and interestsProcess may dissipate acrimony built up as the result of previous negotiationsExpedited process with a deadline

48. Disadvantages of IBBUnrealistic expectationsMultiple participants raise possible contract language problems and grievancesBargaining history is more difficult to discern and verifyIndividuals may become subject to personal attacksSignificant time commitment from all participants

49. TrainingIBB Process requires trainingTrainingProviders Time CommitmentFocus of TrainingPreview of the ProcessIdentify issues of mutual concernIdentify various interests the parties shareDevelop standards for evaluating possible solutions

50. The ProcessExtended time periods for sessionsEstablish subcommittees to address certain issuesCompressed time period with specific deadlines for completionParticipation by all bargaining team membersOptions and solutions are freely expressedParticipants use active listening techniques

51. IBB Negotiation CompletionSet a final meeting date by which negotiations will be concluded and a final agreement reachedCommittees must report on resolved and unresolved issuesUnresolved issues must be treated and resolved by the full teams at time of completionParties agree to convert “agreements in principle” to written tentative agreements

52. Specific ConsiderationsMid-term negotiationsSubcontractingFair ShareRight of RepresentationVacancies

53. Mid-Term Negotiations

54. Duty to Mid-Term BargainAppellate Court held that security employees under Section 14 are allowed midterm interest arbitration - Department of Central Management Services v. State Labor Relations Board – Zipper Clauses

55. Subcontracting

56. Is Subcontracting a Mandatory Subject of Bargaining?An employer's unilateral subcontracting decision is a mandatory subject of bargaining when the subcontracting (1) involved a departure from previously established operating practices, (2) effected a change in the conditions of employment, or (3) resulted in a significant impairment of job tenure, employment security, or reasonably anticipated work opportunities for those in the bargaining unit. Westinghouse Electric Corp. 150 N.L.R.B 1574 (1965)

57. Subcontracting - Practical TipsPrepare a detailed analysis of the Municipality’s current costs of the services performed by bargaining unit employeesDiscuss the necessity for cost savings with the Board and obtain the Board’s consent and direction to prepare bid specificationsObtain Board authorization to request and accept competitive bids, then request bids from contractors to determine the Municipality’s costs for services if the services were provided by a contractor

58. Subcontracting – Practical Tips (cont.)If bids demonstrate potential cost savings, provide the union with written notification that the Municipality is considering contracting-out servicesGive consideration to the union’s counter-proposals. If the parties reach an agreement, they should bargain the impact of the decision. However, if the parties fail to reach an agreement, the municipality must declare an impasse to impose its proposals

59. Subcontracting – Practical Tips (cont.)If negotiations fail to result in a union proposal that is more favorable to the Board than the lowest received bid, submit the lowest bid to the Board for approval and awarding of the contractMunicipality must bargain the impact of the Municipality’s decision to contract-out services

60. Subcontracting – Bargaining ObligationsDuty to bargain subcontract decisions if bargaining unit employee had a reasonable expectation of performing the subcontracted work

61. How to determine whether subcontracting is a mandatory subject of bargaining:Is subcontracted work currently or previously performed by bargaining unit employees?Did bargaining unit employees suffer layoff or reduction in hours as a result of the subcontracted work?If not, could the employer have increased bargaining unit employees’ work hours or workload by not subcontracting work?Did the employer subcontract work to reduce labor costs?If not, did the employer contract out services to avoid obligations arising under a CBA?

62. Satisfying Good Faith Bargaining RequirementsNotify the union district is considering contracting out servicesMeet with the union and discuss proposed decisionProvide the union with necessary information to allow it to prepare alternativesGive appropriate consideration to union’s counter-proposals

63. Significant Contract Language Issues

64. Fair ShareRequirement that non-union employees pay their “fair share” of union dues based upon an agreement between the municipality and the union

65. Employer Objections to Fair ShareAn Employer's opposition to fair share is generally based upon several philosophical objections to fair share, including:Employees should be allowed the freedom to choose whether or not to pay union dues or fees to support the union's activities.If non-union employees are obligated to pay fair share fees, such an obligation is tantamount to requiring the employees to pay union dues. Employees who are obligated to pay fair share fees may be more inclined to join the union in order to be allowed to participate in union meetings, elections and activities. An Employer who agrees to a fair share provision may believe that such an agreement will be perceived as a "sellout" of the rights of its non-union employees.

66. Fair Share - Contractual Issues and Tactical Considerations

67. Sample Fair Share LanguageA. Each Employee, as a condition of his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, shall join the Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the Association, including local, state and national dues.B. In the event that the Employee does not pay his/her fair share fee directly to the Association by a certain date as established by the Association, the Board shall deduct the fair share fee from the wages of the non-member.C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction.

68. Sample Fair Share Language (cont.)D. In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:The Board gives immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires; andThe Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.

69. Sample Fair Share Language (cont.)E. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Board's non-negligent compliance with this Article. It is expressly understood that this save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board's imperfect execution of the obligations imposed upon it by this Article.

70. Sample Fair Share Language (cont.)F. The obligation to pay a fair share fee will not apply to any Employee who, on the basis of a bona fide religious tenet or teaching of a church or religious body of which such Employee is a member or a belief sincerely held with the strength of traditional religious views, objects to the payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board.

71. Right of RepresentationGood Language: An employee shall have the right to request an Association representative at an investigative interview that the employee reasonably fears may result in his/her discipline. The employee shall also have the right to request an Association representative at any follow-up meetings related to the investigation.Bad Language: When an employee is required to meet with a supervisor, administrator, or the Board on a disciplinary matter, and the results of this interview are to become a matter of official record, the employee shall be allowed to have a representative present. A representative shall also be permitted to attend any follow-up meetings relative to an investigation or examination of the disciplinary matter. The supervisor, administrator, or Board shall notify the employee one day in advance, giving reasons for the appearance, of any and all meetings to be held, except in cases which they feel are emergencies.

72. Vacancies – Good Sample LanguageA vacancy shall be defined as any opening in a newly created position or any opening in a bargaining unit position which occurs as a result of the employee’s resignation, retirement, promotion, reassignment, transfer or termination which the Board decides to fill and is not filled by the reassignment of current bargaining unit personnel. Such application for a vacancy shall be in writing and submitted to the Chief Administrator or his/her designee within the seven (7) calendar day posting period. The request for the transfer will be considered and if denied the employee will be given reasons for the denial. It is agreed that a “vacancy” shall not include positions filled by reassignment of current personnel and positions that the Board decides it will not fill.Current employees may apply for vacancies and will be considered along with all other applicants, internal and external, for the position.

73. Vacancies – Bad Sample LanguageIt is agreed by both parties that vacancies shall be filled from among the most qualified applicants available in the following mannerIf the final applicants are current bargaining unit members and are equally qualified, the most senior bargaining unit member will be offered the position.If the final applicants are a current bargaining unit member and one or more applicants from outside the bargaining unit, and all are equally qualified, the current bargaining unit member will be offered the position.Current employees shall be fully considered for all vacancies for which they apply.

74. Collective Bargaining:A PRIMER FOR NEGOTIATIONSThomas M. Melody Klein, Thorpe & Jenkins, Ltd.Jason A. Guisinger 20 N. Wacker Drive, Suite1660, Chicago IL, 60606Erin K. Lavery 312-984-6400