OPINION AND - California Correctional Peace Officers Association

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Duenas was told that "staff was selected for this special project by management to meet operational needs. (Union Esrhibit 2) Duenas was also told that the selection of agents for a special assignment is not tlbusiness as usual. Therefore, the Department is not bound by seniority as it would in mre routine situations. " (Union Esrhibit 2)
UNIQN The Union argues that the plain and unambiguous language of Section 13.05 means that seniority governs paroles and special assignments unless there is an emergency or assignment by seniority is "precluded by operational needs of the department. Theref ore, extrinsic evidence should not be permitted to vary the plain language of Section 13.05 and create an exception to the applicability of the seniority rule in voluntary overtime situations. The Union's other main point is that there was no operational need to justify the Department's failure to fol- low the seniority rule. The words, particularly the word "preclude, mean that the seniority standard RUS~ be followed unless there is a demonstrated operational prob- lem which makes it impossible or inpracticable to assign on the basis of seniority. lThe parties stipulated that there was no emergency involved in this case.
Page 1 and 2: In the Matter of a Contruv@rsy Betw
Page 3 and 4: The sole issue submitted to the Arb
Page 5 and 6: Article 4.01 (a): "Except as acpres
Page 7 and 8: Joseph Kim1 and Ralph Duenas are lo
Page 9: * The applicant is a non-smoker * L
Page 13 and 14: The management rights language cont
Page 15 and 16: The first question is whether the c
Page 17 and 18: assigned overtime pursuant to Secti
Page 19 and 20: obligation under 19.01(b) - viz., t
Page 21 and 22: eligibility under the 35 mile rule,
Page 23 and 24: in order to function properly as Pa
Page 25 and 26: surveillance agent in the Singleton

OPINION AND - California Correctional Peace Officers Association

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