BARGAINING REQUIRED OVER GANG AFFILIATION RULE
Local 700 of the International Brotherhood of Teamsters represents corrections officers and deputy sheriffs in the Sheriff’s Office of Cook County, Illinois. In 2013 the County issued “the Gang Order” which states that “criminal organizations and street gangs pose a substantial threat to the public and directly impede the efforts of the County to provide for public safety” and prohibits membership in any known criminal organization or association with any individuals whom the employee knows or should know is or was a member of a known criminal organization.
The Illinois Court of Appeals ruled that the County was required to bargain with Local 700 before implementing the Gang Order. Previously the County had a policy that prevented employees from associating with people who had criminal records, or were under criminal investigation. The County argued that the Gang Order was not a new policy and therefore did not need to be bargained. The Court rejected that argument stating that the prior policy was different as the Gang Order is a much broader restriction that can be based on tattoos, graffiti or a common style of dress. Additionally, the associate would not have necessarily have to have engaged in criminal activity for the association to violate County policy. Because the Gang Order disciplines employees for associating with a new category of people and it conveys the terms and conditions of employment, it must be bargained for.
International Brotherhood of Teamsters, Local 700, 2017 IL App. (1st) 152993 (Ill. App. 2017)