OPINION AND - California Correctional Peace Officers Association

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History clearly demonstrates that the seniority rule did not encompass parole operations such as the ones involved in this case. Finally, the Department argues that, even assuming that Section 13.05 applies to the grievants in this case, it cannot prevail because their level of competence and skill is below the level required in order to meet the Department's operational needs. The standard is one of reasonableness, a standard which the Department met.
The first question is whether the contractual mandate requiring selecting for overtime assignments by seniority applies at all to non-case load, non-institutional work by Parole <strong>Officers</strong>. My answer, after a careful review of the evidence and of the post-hearing briefs, is "Yes." Ambiguity, like beauty, lies in the eyes of the beholder. The question is whether the language at issue generates enough doubt as to its meaning to justify the use of extrinsic evidence to modify the words. In the case at hand, the coverage seems clear. The rule of seniority operates as to tuemployeeslu of the Bargaining Unit. There is only one exclusion. It is found in paragraph 13.05 (c) which excludes "staff at camps. " This conclusion seems ineluctable; all other employees in the unit (other than staff at camps) are entitled, when they volunteer for overtime, to be assigned by seniority.
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 and 12: UNIQN The Union argues that the pla
Page 13: The management rights language cont
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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