OPINION AND - California Correctional Peace Officers Association

In particular cases, exceptions may be made when
compelled by lloperational needs of the Department. 'Iz
The State argues that history, both at the 'bargaining
table and in practice, creates a broader exclusion - all
non- institutional employees except those in standby re -
entry. 3
The State s argument would turn the language of Section
13.05 on its head. In effect, it would mdify the lan-
guage to read as follows: llInstitutional and standby re-
entry employeesI1 shall be assigned voluntary overtime by
seniority pursuant to Sections 13.05 (a) and (b) and
Section 11.17, except for staff in camps who shall be
2Exceptions may also be made when there is an emergency. The
parties agreed that the facts in this case did not rise to that
level.
3Sometime in 1984 or 1985, the State established half-way
houses called re-entry facilities. They were located in
comnunities throughout the State for parolees to reside in. One or
two rank- and-file Parole Agent 11s on standby were on-call status
and would be assigned to each facility to respond to any incidents
which arose. Obviously the amunt of overtine available increased
as the number of these re-ent facilities increased. Parole Agent
11s were so heavily burd en3 tbat it became necessary for the
Department to select Parole Agent Is for assignment. The method of
selection varied around the State from strict seniority or sane
kind of rotation system, to a favoritism system. Predictably, many
grievances were filed.
The outcome was that the State and the Union agreed that volwntq
avertime by seniority should be applied. The elaborate system
agreed upon is set forth in Section 11.17 in Joint Exhibit 1 and in
Section 11.16 in Joint Exhibit 2.