OPINION AND - California Correctional Peace Officers Association

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is set forth for one situation does not support the in- ference that other situations are excluded. The State might have argued, although it did not, that the tern I1operational needsu refers to institutional set - tings where there are spatial and temporal constraints, a fixed roster of employees, and a complex of diverse tasks requiring different, discrete skills. I am not persuaded, although I agree that the concept of operational needs is easier to apply to an institutional setting than to a non-institutional one. The State makes much of the Union's failure to initiate negotiations to deal with overtime situations - the 24- hour surveillance assignments - not contemplated by the parties. (Employer Brief C 15) Section 19.01 (b) calls for negotiations during the term of the Memrandum of Understanding when the State makes changes which affect the working conditions of a significant number of employees in the bargaining unit. This would have been a sensible thing to do at the time the Singleton matter arose. But the State also had an
obligation under 19.01(b) - viz., to give notice of the changes. The Union's obligation is to respond to the notice by requesting negotiations. 4 The State's failure was primary. It is poor form for it to fault the Union. Both parties were wrong here. But there is no reason why the grievants should suffer. *There is a provision for binding arbitration if the parties disagree as to whether the matter is subject to negotiations under sSection 19.01 (b) .
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 and 14: The management rights language cont
Page 15 and 16: The first question is whether the c
Page 17: assigned overtime pursuant to Secti
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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