OPINION AND - California Correctional Peace Officers Association

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Seniority does not apply because the operational needs of the Department take precedence; Management has the right to assign Agents based ' on "perceived need. If (Union Exhibit 1 ) Kimells second grievance was on August 7, 1990. Schroeder denied it on August 15, 1990 on the same ground. (Union Exhibit 3 ) Duenasl first grievance was on February 16, 1990. It was denied by Deborah Star, Field Parole Administrator, North Bay, on the ground that the surveillance team project is a special assignment "whose hours of work, location, duration and staff needs preclude the following of seniority. (Un. Ex. 2 ) Duenas' second grievance was on August 8, 1990. It was denied by Schroeder, in essence, confirming Starrt s decision. (Union Exhibit 4) Operations Coordinator, Steve Schroeder, testified that the criteria for the overtime assignment were as follows:
* The applicant is a non-smoker * Lives within 35 miles of the watch site * Carries a gun * Has permanent status as a Parole Agent * Has received the concurrence of his supervisor The initial surveillance of Rothenberg ended on September 10, 1990 when he violated his parole and was returned to Pelican Bay State Prison. He was released again on parole on May 8, 1991 and was placed under surveillance again until September 21, 1993. In the case of Kinanel, Assistant Administrator Schroeder took the position that flmanagement has the right to assign agents based on perceived need. It (Union Exhibit 1) Kim1 was also told that he was disqualified because selection was restricted to "staff who can follow cornman& and orders explicitly, l1 in the interest of sensitivity, confidentiality, and flexibility. (Mion Exhibit 3
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: Joseph Kim1 and Ralph Duenas are lo
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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