OPINION AND - California Correctional Peace Officers Association

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able to respond when contacted by telephone or electronic paging device to the re-entry facility. This assignment shall be in addition to the went's normal work schedule. The State will determine when and where re-entry standby assignments, and back-up assignments will be made."
Joseph Kim1 and Ralph Duenas are long-time enployees of the Department of Corrections. Kimn\ells hiring date is February 17, 1986; Duenas' hiring date is August 28, 1971. In 1987, both of the grievants volunteered and were assigned to surveil the activities of parolee Larry Singleton. This was the first 24-hour surveillance case in State history shared by agents who volunteered within Region I1 and received paid overtime. In January of 1990, parolee Charles Rothenberg was placed under 24-hour surveillance. This was the second non-case load special assignment in Region 11. Kimnel and Duenas volunteered for the assignment by making requests to their unit supervisors and other appropriate management personnel. Their requests were denied. Both Parole Agents filed grievances. Kiml' s first grievance was April 30, 1990. It was denied by Steve Schroeder on May 7, 1990 on two grounds:
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: Article 4.01 (a): "Except as acpres
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 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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