OPINION AND - California Correctional Peace Officers Association

More documents

Recommendations

Info

To me, an operational need refers to factors that affect the ability of the managers of an operation to carry out their responsibilities - for examples, there aren t enough competent people available to pennit assignment by seniority, senior personnel are located too far away for effective deployment, senior personnel lack the proper skills, and they lack experience and training, etc. Management should be able to demonstrate, if demanded, that these facts foreclose (make it inpracticable, if not impossible) to assign overtime on the basis of seniority. Management was unable to make these showings in the cases at hand. In the first place, the responsible managers appear to have fixed what might be described as an elite cadre based on subjective judgments as to competence, reliability, integrity, etc. (TR @ 87) Steve Schroeder, Field Parole Administrator, testified that he put together a roster of agents based on his knowledge of their ability to react in an emergency situation, their
eligibility under the 35 mile rule, their ability to use arms, the fact that they were not on probation, and the fact that they were in good stead with their supervisors - viz., they were on top of their work load. (TR @ 79- 80) The grievants, Kim1 and Duenas, requested that they be added to this list. The request was refused, although they appeared to meet most, if not all, of the criteria. In my view, the contractual language at issue does not permit this procedure. What management should do is to solicit volunteers and to offer the work to the senior volunteers in order, reserving the right to exclude particular senior volunteers on the ground that they are not competent, reliable, etc. This procedure would have placed on management the burden of justifying deviations from the seniority rule. The actual procedure followed in these cases placed the burden on the grievants to establish why their seniority should carry the day. The contractual language does not permit this.
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 and 18: assigned overtime pursuant to Secti
Page 19: obligation under 19.01(b) - viz., t
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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?