RECENT UPDATES

CCPOA - Arbitrations Archive - "2000-present"

July 2007 - CCPOA v State, CDCR (chapter president release time)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, Union
and
STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
Re: Chapter President Release Time

Official document in .pdf (Adobe Acrobat) format

DECISION:
1. The grievance is substantively arbitrable.

2. The State and the Department of Corrections and Rehabilitation violated the 2004 Addendum to the 2001-2006 Bargaining Unit 6 MOU by denying chapter presidents who are supervisors released time pursuant to the Chapter President Release provision.

3. As a remedy, the State and the Department are directed to cease and desist from said violation of the 2004 Addendum.

June 2007 - CCPOA v CDCR (Freeze on Lateral Transfers)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, Union
and
STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
Re: Freeze on Lateral Transfers

Official document in .pdf (Adobe Acrobat) format

AWARD:
The grievance is sustained. The State violated Articles 12.04 and 27.01 of the Memorandum of Understanding and the understanding between the parties by implementing a freeze on lateral transfers in April 2005 and by renewing it or re-imposing it again on May 23, 2006.

REMEDY:
1. The State is directed to post PERB type notices in all prison facilities statewide that a violation of Article 27.01 was committed by the Employer.

2. The State is directed to lift the fieeze order on lateral transfers.

3. If the State wants to re-impose the fieeze order, notice must be given to the Union and the Union must be given a reasonable amount of time to negotiate in good faith before implementation.

4. The Arbitrator retains jurisdiction over any dispute arising out of the implementation of this remedy.

June 2007 - CCPOA v CDCR (ordered removal from bulletin board)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, Union
and
STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
Re: ordered removal of information from bulletin board, CCC

Official document in .pdf (Adobe Acrobat) format

DECISION:
1. The Department violated Section 2.05 of the MOU by ordering CCPOA Chapter President Don Cathey to remove his October 3, 2005 letter to Warden Prosper from the CCPOA bulletin board.

2. The Department is ordered to cease and desist from ordering CCPOA representatives to remove material from CCPOA bulletin boards, contrary to the process set forth in Arbitrator Bonnie Bogue's 1996 decision and incorporated by reference in Section 2.05(n) of the MOU.

3. As soon as practicable after its receipt of this Award, the Department is directed to post a copy of this Award at all work locations in the Department where notices to employees are customarily posted. The Department is directed to maintain the posting for thirty (30) working days.

4. The Arbitrator retains jurisdiction over this matter for the sole and limited purpose of resolving disputes, if any, over remedy.

February 2007 - CCPOA and State/DPA (behavior modification unit)

STATE OF CALIFORNIA, DEPARTMENT OF PERSONNEL ADMINISTRATION
and
CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
Re: behavior modification unit

Official document in .pdf (Adobe Acrobat) format

CONSENT AWARD:
1. This Consent Award covers the grievance contained in Exhibit J-2 (attached).

2. The parties are ordered to meet and confer in good faith pursuant to MOU 27.01, Side Letter 8, and the notices issued by CCPOA, that are exhibits J-3, 4, 5, and 6. (attached)

3. The parties must mutually agree on the venue for the meet and confer.

4. CCPOA will be entitled to official business for the Chapter President of each of the institutions involved in the meet and confer.

5. The arbitrator will retain jurisdiction over this stipulated Consent Award, to determine venue (if necessary), and to determine if either party fails to meet and confer in good faith, in accordance with the additional stipulation of the parties at the hearing.

6. This Consent Award will not be confirmed in any Superior Court.

August 2005 - DPA and CCPOA (denying leave time - convention)

STATE OF CALIFORNIA, DEPARTMENT OF PERSONNEL ADMINISTRATION
and
CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
Re: denying leave to to BU6 employees attending annual CCPOA convention/conference

Official document in .pdf (Adobe Acrobat) format

DECISION:
The State violated the BU6 MOU by denying leave time to employees selected by CCPOA to attend the annual CCPOA convention conference.

As a remedy, the State shall permit the selected delegates who were refused time, to have the time under 2.12. As part of this remedy, CCPOA is obliged to solicit volunteers at Chad to cover the shifts of the delegates while they are on leave for the convention.

In accordance with the stipulation of the parties, I retain jurisdiction over the implementation of the remedy.

June 2005 - CCPOA and State (Release Time Bank)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
STATE OF CALIFORNIA
re: Release Time Bank

Official document in .pdf (Adobe Acrobat) format

AWARD:
Here, based on the testimony of both chief negotiators, it has been demonstrated that the parties' mutual intention to delete the 10,000-hour cap from the terms of their agreement was incorrectly reduced to writing due to mistake or inadvertence. The appropriate remedy is to return the parties to the status quo ante, before DPA issued the memorandum dating May 20, 2005, directing that CCPOA be bound by the hour caps as they appear in Sec. 10.13A and B.

DPA is also ordered to make CCPOA whole for any out-of-pocket expenses associated with the curtailed use of banked release time hours that occurred in the interval when the parties were operating under the direction of Gilb's May 20, 2005 letter.

CCPOA's request for attorneys' fees is rejected. It has made no showing that the facts in this case are so extraordinary as to warrant such a remedy. PERB, in the exercise of its remedial jurisdiction, has ordered attorneys' fees in circumstances where an unfair practice charge or defense is without arguable merit, where conduct constitutes frivolous or dilatory litigation, or where the unlawful conduct is repetitive. In this case, DPA's defense is not without merit; nor was its conduct frivolous, dilatory, or repetitive. Thus, there is no basis for an award of attorneys' fees.

The arbitrator shall retain jurisdiction in this matter in order to address any disputes that may arise as to the implementation of this award.

August 2004 - CCPOA and State (Section 27.0 grievances, Wasco)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
STATE OF CALIFORNIA
Re: Involving Section 27.0 grievances at Wasco State Prison

Official document in .pdf (Adobe Acrobat) format

AWARD:
The State Employer and the California Correctional Peace Oficers Association, having commenced arbitration proceedings on June 23, 2004, and having reached a stipulation calling for the issuance of this Award, the arbitrator hereby orders as follows:

1. That the warden, managers, and all servants, employees and agents of the State of California working at Wasco State Prison, (hereinafter Wasco) are ordered to commence or to continue the meet and confer process on specified matters referenced in Ron Yank's letters of January 23, 2004, and March 8, 2004, to various representatives of the Department of Personnel Administration (DPA), and/or the California Department of Corrections (CDC), and/or counsel for DPA. The matters are listed in Exhibit A attached hereto. The arbitrator shall retain jurisdiction concerning this aspect of the Award, but shall not have jurisdiction once the meet and confer process commences.

2. That the warden, managers and all servants, employees and agents of the State of California working at Wasco State Prison are ordered to comply with Section 27.01 of the memorandum of understanding (MOU) between the parties by causing a notice to be sent to CCPOA that management is either about to implement some new matter possibly affecting terms and conditions of employment of persons represented by CCPOA or is about to implement a change affecting such terms and conditions of employment. Such notice to CCPOA shall occur prior to implementation ofproposed new matters or proposed changes.

The normal exception for emergency situations applies with the same requirement in such situations that the meet and confer process will commence and proceed as quickly as possible.

3. However, the notice in Paragraph 2 above may not be used against the State Employer in any forum concerning whether or not a matter was or is within the scope of bargaining under the Dills Act.

4. Section 27.01 compliance in this award is the same as Dills Act (Government Code Sections 3512 et seq.) compliance.

5. The meet and confer process described in Paragraph 1 above shall commence on or before August 10, 2004. It shall be completed on or before February 10, 2005.

6. On or before the September, 2004 pay period, the State Employer will cause eight hours of credit to be placed in the holiday credit banks of each Bargaining Unit 6 employee in the classification of correctional officer employed at Wasco State Prison. Employees in the classification of correctional officer receiving this credit must be permanent, full-time employees employed at Wasco State Prison on June 23, 2004.

7. With regard to the issue of the "A" yard referenced in Paragraphs 1 and 2 of Ron Yank's letter of January 23, 2004, ordinarily RC inmates will not be placed in the FAOR Facility. If the gym in the "A" Yard and all reception center facilities in Wasco State Prison existing as of June 23, 2004, become full, such that there is no place to put reception center inmates beyond those presently existing as of June 23,2004, the warden or hidher designee shall meet with CCPOA's chapter president or hislher designee to discuss where inmates shall be placed. CCPOA shall cooperate in these efforts.

July 2004 - CCPOA and State (failure to reimburse subpoenaed officers)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
STATE OF CALIFORNIA
Re: failure to reimburse subpoenaed officers

Official document in .pdf (Adobe Acrobat) format

DECISION:
The grievance is denied.

April 2004 - CCPOA v State (section 9.09 violation)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
STATE OF CALIFORNIA
Re: section 9.09 violation

Official document in .pdf (Adobe Acrobat) format

AWARD:
1. The State violated subsections 9.09(d) and 9.09(e) of the parties' labor agreement by the manner in which CDC responded to CCPOA's request for information, arising out of the incident at CIM in May, 2002, that CCPOA needed to fulfill its employee-representation obligation.

2. The State shall continue to provide the employee protections agreed to in subsections 9.09(d) and 9.09(e) so long as the language of those subsections remains in the parties' labor agreement.

3. As a remedy in this case, CDC is directed to turn over forthwith to the CCPOA those portions of the videotape at issue in this case which record the information CCPOA represents it needs to fulfill its legal obligation to represent Bargaining Unit 6 employees, that is to say, name of complaintant, name of employee complained of, "gist" of incident or behavior complained of that could reasonably result in non-criminal discipline against the employee(s) and time and location of incident or behavior.

4. The arbitrator retains jurisdiction for the sole purpose of resolving any dispute that might arise between the parties' over the interpretation or application of this opinion or award.

April 2004 - State and CCPOA (layoff information request)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
STATE OF CALIFORNIA
Re: Involving issues related to layoff information request

Official document in .pdf (Adobe Acrobat) format *

MODIFIED REMAND ORDER:
The case is remanded to the parties for further actions in compliance with the duty to provide information, as defined in this Opinion and Order. The Arbitrator's jurisdiction over this dispute continues until such time as all of such duties that arise as a result of reduction-in-force (layoff and/or elimination of position) plans announced or implemented under the 2003-04 budget have been satisfied.

* Editor's Note: This arbitration case includes addition documents, including the original remand order instruction as well as a modified remand order which was posted in May 2004.

February 2004 - CCPOA v State (drug testing procedures, Unit 6)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
STATE OF CALIFORNIA
Re: Involving issues related to drug testing procedures Bargaining Unit 6

Official document in .pdf (Adobe Acrobat) format

STIPULATED SETTLEMENT AWARD:
The following Settlement Agreement constitutes the terms of this binding Award.

1. The subject employee has 7 business days from the initial contact by the MRO, or designee, to secure a representative and to complete the interview. This period may be extended by an additional 7 business days in the event of extenuating circumstances. Additionally, the MRO and the employee, or his or her representative may agree to extend these time limits.

2. This settlement applies to all Bargaining Unit 6 random drug testing done on or after this date.

3. The union withdraws the following grievances:
CCPOA (Ramirez) v CDC; DPA#03-06-0006, CCPOA #16991
CCPOA (Fountain) v CDC; DPA#03-06-0007, CCPOA #16692
CCPOA (Class Action - Aguilar) v CDC; DPA#02-06-0187; CCPOA #16665
CCPOA (Class Action - Gilliam) v CDC; DPA#03-06-0193, CCPOA #17071

4. The union agrees to print and provide copies of the flyer to be placed in the drug testing packet provided to the employee. The employee shall sign for receipt of the packet.

5. This agreement does not constitute any admission of a contractual violation by the state, nor does the settlement constitute any admission by the respective employee.

6. The flyer is attached as Exhibit A and incorporated herein.

By stipulation of the parties, the Arbitrator retains jurisdiction, to be exercized in the event of any dispute between the CCPOA and the State over the terms of, or implementation of, the stipulated settlement award.

November 2003 - CCPOA and State (C. and K. Mayo, CCPOA No, AR 16551)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
STATE OF CALIFORNIA
Re: C. and K. Mayo, CCPOA No, AR 16551

Official document in .pdf (Adobe Acrobat) format

AWARD:
1. The California Department of Corrections violated the Unit 6 Memorandum of Understanding, specifically section 9.16, which, in turn, incorporates Government Code Sections 995 et seq. by denying and continuing to deny legal representation to Kismet and Christopher Mayo with respect to the lawsuit filed against them by Inmate Hymes.

2. The Employer shall provide defenses to the Mayos in the Hymes lawsuit retroactive to the date of the filing of the suit.

3. The Employer shall forthwith pay to the Mayos and/or their representatives the monies expended to the date for their defense.

4. The calculation of the amounts of monies due under Paragraph 3 herof is remanded to the Parties, the Arbitrator retaining jurisdiction only over the issue of such calculations in the event the Parties cannot agree thereon.

August 2003 - CCPOA, Union and State, Employer (North Kern State Prison, 03-N-78-013)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, Union
and
STATE OF CALIFORNIA, Employer
Re: North Kern State Prison, 03-N-78-013

Official document in .pdf (Adobe Acrobat) format

AWARD:
1. The Employer by deactivating positions at North Kern State Prison violated the Agreement between the Parties.

2. The Employer shall forthwith reactivate such positions.

3. The Employer shall forthwith pay to those employees who have been employed except for such deactivation the pay including benefits, if any, that they would have received had they not been deactivated.

4. The identification of those entitled to such a remedy and the amounts due them is remanded to the Parties, the Arbitrator retaining jurisdiction in the event the Parties, including their counsel, cannot agree theron. (Tr. 23)

5. Posting of this decision as requested by the Union is denied.

6. No sanctions for delay of the start of hearing are granted.

July 2003 - State and CCPOA (issues related to sick leave)

State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
and
CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
Re: Involving issues related to sick leave

Official document in .pdf (Adobe Acrobat) format

DECISION:
1. Thc list in Section 10.02(C)2) of this memorandum of understanding (2001 -2006) between the parties is exhaustive.

2. Management cannot use corrective or disciplillary action, or deny the right to use sick leave, when the only evidence for such action is the amount or frequency of use of sick leave.

3. Consistent with 10.02(C)(7), no employee will be pressured to reveal the nature of hislher medical or physical condition. This is distinguished from information that may be appropriately requested under 10.02 (C)(3), confirming validity for the need for an absence.

4. The arbitrator shall retain jurisdiction with respect to disputes the application of this decision and award.

March 2003 - CCPOA v State (Dalene Hokanson)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: Failure to assign Dalene Hokanson MERT on October 16 and/or October 17, 1999.

Official document in .pdf (Adobe Acrobat) format

AWARD:
The Department's failure to assign Dalene Hokanson to a "MERT" (Medical Emergency Response Team) on October 16 and/or October 17, 1999, was a violation of Section 12.05 of the 1999-2001 MOU. To remedy that violation, the Department shall pay Dalene Hokanson four hours' pay at time and one-half in accordance with Section 12.05(h) of the MOU. The arbitrator shall retain jurisdiction over this matter to resolve any disputes that may arise concerning the interpretation, application, or implementation of this Award.

November 2002 - CCPOA and CDOFF v State (Rural Health Care Subsidy Program)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: Involving Rural Health Care Subsidy Program

Official document in .pdf (Adobe Acrobat) format

DECISION:
Section 11.2 of the current contract between the State of California and CDF Fighters and Section 13.10 of the current contract between the State of California and CCPOA entitles qualified individuals to receive benefits under the Rural Health Care Equity Program. The money available for use in this program is defined in Government Code Section 22825.01. It directs that the RHCEP is established for the purpose of funding the subsidization and reimbursement of "premium costs, deductibles, coinsurance, and other out-of-pocket health care costs..." That provision entitles reimbursement of the difference between the co-payment costs levied on individuals covered by the RHCEP and the co-payment costs incurred by other State employees covered by a CalPERS' HMO. The State shall reimburse claims for these costs that occurred beginning 20 days prior to the grievance filed by CDF Firefighters and beginning 21 days prior to the grievance filed by CCPOA.

October 2002 - State and CCPOA (Pelican Bay State Prison Pattern and Practice)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: Pelican Bay State Prison Pattern and Practice.

Official document in .pdf (Adobe Acrobat) format

AWARD:
The State Employer and the California Correctional Peace Officers Association, having commenced arbitration proceedings on September 17, 2002, and having reached a stipulation calling for the issuance of this Award, the Arbitrator hereby orders as follows:

1. That the warden, managers, and all servants, employees, and agents of the State of California working at Pelican Bay State Prison (hereinafter PBSP) are ordered to commence or to continue the Meet and Confer process on specified matters referenced in Ron Yank's letter of March 15, 2002, to Tim Virga and Howard Schwartz and his three (3) letters of September 2002, to Chris Thomas. The items are listed in Exhibit A, attached hereto. The Arbitrator shall retain jurisdiction concerning this aspect of the Award but shaii not have jurisdiction once the Meet and Confer process commences.

2. That the warden, managers, and all servants, employees, and agents of the State of California working at PBSP are ordered to comply with Section 27.01 of the Contract between the parties by requesting the California Department of Corrections (hereinafter CDC) to issue a notice to CCPOA that the management is either about to implement some new matter possibly affecting terms and conditions of employment or persons represented by CCPOA or is about to implement a change affecting such terms and conditions of employment. Simultaneous with such request to CDC, the warden and such managers shall advise the PBSP Chapter of CCPOA (by copy of the request or by a separate form or document), that such request has been made, and shall briefly describe the subject matter about which the Meet and Confer notice is to consist. Such requests to CDC and advisement to the PBSP Chapter of CCPOA shall occur prior to implement of proposed new matters or proposed changes. The normal exception for emergency situations applies, with the same requirement in such situations that the Meet and Confer process will commence and proceed as quickly as possible.

3. However, the advisement described in paragraph two (2) above may not be used against the State Employer in any forum concerning whether or not a matter was or is within the scope of bargaining under the Dills Act.

4. Section 27.01 compliance in this Award is th esame as Dills Act (Government Code Sections 3512 et seq.) compliance.

September 2002 - State/CYA and CCPOA (N.A. Chaderjian Youth Facility, David Darchuck)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: N.A. Chaderjian Youth Facility, David Darchuck

Official document in .pdf (Adobe Acrobat) format

DECISION:
In the interest of promoting harmonious labor relations between the parties and to avoid the uncertainty, inconvenience, and expense of litigation, the State of California, Department of Personnel Administration (DPA), the Department of the Youth Authority (Department), and, the California Correctional Peace Officers Association (CCPOA), exclusive representative of State Bargaining Unit 6 (Corrections), in settlement of DPA Grievance Nos. 00-06-0094 and 01-06-0009 (Master Reference Nos. 00-N-50-060 & 00-N- 50-075, and CCPOA Nos. ARB 15299 and 15391), hereby agree and stipulate to the following:

1. Disputes have arisen between the parties regarding the conduct of David Darchuk and N. A. Chaderjian Youth Correctional Facility (NACYCF) during certain specified training sessions. The employer agrees to remove the two (2) Work Improvement Discussion memos issued to the grievant arising out of the above referenced grievances.

Additionally, the employer will remove references to the incidents in performance reviews or other documents in the grievant's supervisory file, i.e., the third sentence in Work Process Categories "E" of the current performance appraisal dated 6/25/01. The Job Behavior Category "1" of this evaluation and the Remediation Plan of 6/14/01 will remain unchanged. Management will treat Bargaining Unit 6 members in a fair and courteous manner during training sessions.

2. CCPOA hereby withdraws with prejudice the above referenced grievances and waives the right to arbitrate said grievances.

3. Nothing in this settlement agreement shall be construed as an admission of liability by the State, or an admission that it engaged in any wrongdoing, violated any collective bargaining agreement between the parties, or violated any provision of the Ralph C. Dills Act.

4. This settlement agreement represents a full and complete resolution of all disputes between the parties relating in any manner to the above referenced disputes.

5. The terms of this settlement agreement are limited to the above referenced grievances and do not establish a past practice.

April 2002 - CCPOA v State (Debra Lee Herron)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: Grievance of Debra Lee Herron

Official document in .pdf (Adobe Acrobat) format

DECISION:
The State did not violate Article 20.02 of the Ageement and, because Article 27.01 is not applicable to the matter of ths case, the State did not violate Article 27.0 1 of the Agreement.

January 2002 - CCPOA and State (CCI workload class action grievance)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: CCI workload class action grievance

Official document in .pdf (Adobe Acrobat) format *

AWARD:
The State Employer, California Department of Corrections (CDC) and their agents, servants, wardens and other employees, and each of them, are ordered restrained from doing any of the following:

1. From implementing any new programs, procedures, or forms or changing or modifying existing programs, procedures, or forms, insofar as any such new matter or change or modficiation may affect the workload of any correctional counselor, without first meeting and conferring in good faith and either reaching agreement over the workload impact or exhausting all impasse proceedures, and otherwise complying with Section 27.01 (entitled, "Entire Agreement"), a copy of which is attached hereto marked Exhibit A and is hereby incorporated herein by reference, of the Memorandum of Understanding (MOU) as the same existed on January 23, 2002; and

2. From disobeying in whole or in part, Deputy Director Memoranda DD#s 29/00, 31/00, 38/00, 39/00, 41/00, 42/00, 50/00, 51/00, 52/00, 53/00, 63/00, 73/00, 74/00, 86/00, 101/00, 102/00, 103/00, 104/00, 25/01, 40/01 and 72/01, and each of them.

* Editor's Note - This arbitration document also contans a SECOND Award, as well as court documents dated February 27, 2002 that were filed in Superior Court in Sacramento County.

August 2001 - CCPOA v State (minimum hours of PIEs at CCFW)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: Arbitrability of a grievance involving the minimum hours of permanent intermittent employees at CCFW.

Official document in .pdf (Adobe Acrobat) format

DECISION:
The grievance of John W. Gault is not arbitrable.

August 2001 - CCPOA v State (CYA Staffing/Ward Population - Mike Clanton)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: Involving a dispute over CYA Staffing/Ward Population (Grievant: Mike Clanton)

Official document in .pdf (Adobe Acrobat) format

REMEDY PHASE AWARD:
1. The Department is ORDERED to pay for a total of 2075 shifts, at 6 (six) hours of overtime pay or 9 (nine) hours of straight time pay for each shift, to be distributed to the officers eligible for overtime. The overtime shifts to be distributed to each employee as compiled and listed in the Association's Attachment A.

2. Each employee shall be compensated at his/her appropriate hourly rate, and paid within sixty (60) days of this Award. Non-compliance will result in additional payment of interest, calculated at 1% per month, and retroactive to the date of Award until paid in full, including interest. The overtime payments will be awarded to each employee in fifty percent (50%) cash and fifty percent (50%) compensatory time, with a maximum of three hundred (300) hours compensatory time per employee. The compensatory time shall be used in accordance with the local NYCRCC Overtime Agreement.

3. The Arbitrator retains jurisdiction for the sole and limited purpose of resolving any disputes regarding implementation of this remedy phase award.

February 2001 - CCPOA and State (training certificate FLSA)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: TRAINING CERTIFICATE (FLSA) GRIEVANCE ARBITRATION

Official document in .pdf (Adobe Acrobat) format

DECISION:
The grievances are sustained. Each grievant is to be paid: a.) the overtime rate, in accordzaz-nce with the MOU, for the time he or she spent, as set forth in this record, in loolung for the PC 832 certificate, as well as, b.) an amount equal to the sum owed irr a.). The Unaion's request for atton~eysfe es is denied. The arbitrator retains jurisdiction for the sole and exclusive purpose to resolve any dispute between the parties over the ir-nzplementation of this award.

January 2001 - CCPOA and State (San Quentin's Badger Unit)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: Impact of unilateral changes in San Quentin's Badger Unit

Official document in .pdf (Adobe Acrobat) format

AWARD:
The Employer violated Section 27.01 of the Memorandum of Understanding by failing to notice, meet and confer over the safety and workload impact of housing extended-term inmates in Badger Unit. To remedy said violations, the Employer shall promptly effectuate the following remedies:

1. The Employer shall cease and desist from violating the Union's organization rights by refusing to negotiate over the impact on safety and workload resulting from the housing of extended-term inmates in Badger Unit.

2. The Employer shall either rescind the telephone program implemented in Badger Unit or meet and confer with the Union about the impact of that program on the workload and safety of bargaining unit employees assigned to said unit.

3. The Employer shall post a notice to all bargaining unit employees at San Quentin State Prison in all locations where notices to such employees are normally posted, stating that it violated the Union's rights under the Memorandum of Understanding by failing to give advance notice to the Union of the implementation of its decision to house extended-term inmates in Badger Unit and by failing and refusing to negotiate with the Union regarding the impact of said change on the workload and safety of affected unit employees.

December 2000 - CCPOA and State (San Quentin Excess Vacation Hours)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: San Quentin Excess Vacation Hours

Official document in .pdf (Adobe Acrobat) format

AWARD:
The California Department of Corrections, San Quentin State Prison, violated Sections 10.01 and 19.01 of Bargaining Unit 6's Memorandum of Understanding when in December 1997 it assigned vacation to employees with excess vacation hours and when it refused to allow the affected employees to cancel such assigned vacations. To remedy said violation of the MOU, the Employer is hereby ordered to take the following actions:

1. Cease and desist from scheduling employees' "excess vacation", specifically accrued vacation that exceeds the maximum annual carryover of 400 hours set forth in Section 10.01(e) of the MOU, without regard to either the individual employee's preferences or the employee's seniority as mandated by Section 10.01(g) and by longstanding past practice.

2. Notify the Union and bargain on demand regarding any proposed modification of the practice of permitting employees to bid for vacation periods and of awarding such bids on the basis of seniority.

3. Post, where notices to employees in Bargaining Unit 6 are normally posted, a notice of this order.

July 2000 - CCPOA v State (San Quentin and CTF Stipends)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
STATE OF CALIFORNIA
Re: San Quentin and CTF Stipends

Official document in .pdf (Adobe Acrobat) format *

AWARD:
The Employer violated section 15.02 of the Memorandum of Understanding when it failed to pay the housing stipend to Unit 6 employees who lived on the grounds of the San Quentin State Prison or the Correctional Training Facility. To remedy such violations, the Employer shall pay the $175 monthly housing stipend required by Section 15.02 of the MOU to all unit employees at San Quentin and the Correctional Training Facility, including those who occupy state-owned housing at those institutions. In addition, the Employer shall pay the housing stipend retroactively to all unit employees who have occupied state-owned housing at San Quentin or the Correctional Training Facility since May 13, 1998. The Arbitrator shall retain jurisdiction over this matter for the sole and limited purpose of resolving any disputes between the parties regarding the interpretation or application of this Award.

* Editor's Note: This arbitration case contains additional court documents dated November 15, 2000 which were heard in Superior Court within the County of Sacramento.

April 2000 - CCPOA v State (CYA Staffing/Ward Population; Section 24.04)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS
Re: involving a dispute over CYA Staffing/Ward Population; Section 24.04.

Official document in .pdf (Adobe Acrobat) format

AWARD:
Under the facts presented, the Employer violated Section 24.04 of the parties' MOU by hausing wards in the hospiial facility of its NYC RCC facility in Sacramento, California for non-medical easons. The Employer's violation triggers the subsectian 24.04 E. remedy. The issue of exact remedy is remanded to the parties for ninety (90) working days after receipt of this Award to determine which employees on the overtime by seniority list waslwere available for the post-assignment(s), those employees shall receive the negotiated remedy.

Within sixty (60) calendar days after receipt of this Award, the parties shall meet and confer aver the impact of overcrowding as it relates to utilization of the hospital at RCC for the housing of wards. Such meet and confer negotiations shall also address the use of the hospital to house wards when recessitated by reasons other than gender, medical or high security; e.g,, where there is an inability to make an assessment of the ward(s) housing needs and/or where YA as reason to believe that the placement of the ward(s) in a particular housing unit mag pose a security issue for that individual.

3. The Arbitrator retains jurisdiction over the matter for the sole and limited purpose of resolving disputes, if any, over remedy.

March 2000 - CCPOA and State (start times of transportation officers)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, Union
and
State of California: CALIFORNIA DEPARTMENT OF CORRECTIONS, Employer
Re: Involving issues related to start times of transportation officers, North Kern Central Transportation Hub

Official document in .pdf (Adobe Acrobat) format

DECISION:
Sec. 11O1 of the MOU concerning shift andlor assignment changes applies to Transportation Unit personnel. However, because transportation officers' hours vary, with no contractually binding start time, assigning a start time to an officer that varies from the start time previously assigned to that officer is not a change in "hours of work" that triggers Sec. 1 I .01's obligation to provide advance notice. Therefore, the State did not violate Sec. 11.01 when it changed routine start times for transportation officers at North Kern Central Transportation Hub without giving seven days advance notice.

The Employer did not breach the MOU by unilaterally changing the routine 6:00 a.m. start time for transportation officers at the North Kern Central Transportation Hub because there is no contract term and no binding past practice mandating a 6:00 a.m. standard start time.

The grievance is denied.

February 2000 - State and CDFF (rural health subsidy program, Unit 8)

STATE OF CALIFORNIA, DEPARTMENT of FORESTRY and FIRE PROTECTION, Employer
and
CALIFORNIA DEPT OF FORESTRY FIREFIGHTERS, Employee Organization
Re: issues related to rural health subsidy program, Unit 8

Official document in .pdf (Adobe Acrobat) format

AWARD:
The benefit to pay qualified medical expenses contained in the parties' agreement in Joint Exhibit 2, and as incorporated into the 1999-2001 collective bargaining agreement as Sec. 11.02, is effective at the beginning of the contract, July 1, 1999.

The State is directed to pay the qualified medical expenses incurred between July 1, 1999 and January 1, 2000 to Unit 8 employees who qualify for the benefit under the terms of the agreement.

January 2000 - CCPOA v State (Firefighter Shift Left Vacant)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION
and
STATE OF CALIFORNIA, Department of Corrections
Re: Firefighter shift left vacant, R.J. Donovan State Prison

Official document in .pdf (Adobe Acrobat) format

AWARD:
Based upon a careful consideration of all of the evidence and argument it is the decision of the Arbitrator that:

1. The Employer violated Section 27.01 of the Collective Bargaining Agreement by not filling the Firefighter position and assigning the outside patrol sergeants to patrol the firehouse on February 6-7, 1999.

2. As the appropriate remedy, the Employer is ordered to "make whole", at the appropriate overtime rate, the Firefighter who should have been assigned to fill the disputed vacancy. The Arbitrator reserves jurisdiction to determine the specific remedy if the parties are unable to reach agreement.

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