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OPINION AND - California Correctional Peace Officers Association

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The first question is whether the contractual mandate<br />

requiring selecting for overtime assignments by seniority<br />

applies at all to non-case load, non-institutional work<br />

by Parole <strong>Officers</strong>.<br />

My answer, after a careful review of the evidence and of<br />

the post-hearing briefs, is "Yes."<br />

Ambiguity, like beauty, lies in the eyes of the beholder.<br />

The question is whether the language at issue generates<br />

enough doubt as to its meaning to justify the use of<br />

extrinsic evidence to modify the words.<br />

In the case at hand, the coverage seems clear. The rule<br />

of seniority operates as to tuemployeeslu of the Bargaining<br />

Unit. There is only one exclusion. It is found in paragraph<br />

13.05 (c) which excludes "staff at camps. " This<br />

conclusion seems ineluctable; all other employees in the<br />

unit (other than staff at camps) are entitled, when they<br />

volunteer for overtime, to be assigned by seniority.

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