OPINION AND - California Correctional Peace Officers Association

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 opera-
tional 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.