OPINION AND - California Correctional Peace Officers Association

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Finally the Union argues that both grievants were qerienced and knowledgeable Parole Agents, fully competent to carry-out their surveillance assignments. Reasons given for their exclusion were pretextual; the real reason was their activity on behalf of the Union. EtSvlPLOYER The general requirement of Section 13.05 that voluntary overtime must be assigned by seniority does not apply to the Paroles Division. It applies only to institutional (prison) situations. That this is the correct reading is demonstrated by Section 13.05 (b) which refers to Wardens/ Superintendents who are the administrators of institut ions. The sole provision of the Memorandum of Understanding concerning Parole Agents work schedules (other than those concerning an Agent s own case load) is Section 11.17, dealing with re-entry standbys. They are not involved here.
The management rights language contained in Section 4.01 clearly resenres the right of management to assign duties and to schedule work time and work hours, including overtime, except where wressly abridged. There is no such express or explicit abridgement in the Memorandum of Understanding. If the Union objected to the State1 s institution of parole practices in response to Legislative mandates, it should have sought negotiations as permitted by Section 19.01 of the Memorandum of Understanding. It failed to do this. The State asserts that the two arbitration awards proffered by CCPQA are inapposite. The opinion and award by Arbitrator Brand is set in the context of overtime in an institutional setting. The award of Arbitrator Levin concerned assignments to parole transportation. The opinion contained no reference to the bargaining history of Section 13.05, evidence which is critical 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 and 10: * The applicant is a non-smoker * L
Page 11: UNIQN The Union argues that the pla
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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