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CCPOA - Arbitrations Archive - "The 80's"This section features an archive of CCPOA-related arbitrations and their awards, decisions and results. Click the link to view the official .pdf (Adobe Acrobat) document related to each case. These items are listed in reverse chronological order from the most recent to the oldest, and are categorized by the date of the arbitrator's decision, not necessarily the month/year the original case was filed. June 1989 - CDF Employees Association v CDF February 1989 - CCPOA and CDC (Inmate Day Labor) November 1987 - Employee X vs. O.H. Close DYA November 1987 - CCPOA v CDC (NB660) November 1987 - CCPOA v DPA, CDC (NB765) September 1987 - CCPOA v CDC (Anderson) December 1986 - State of California v CCPOA November 1986 - CCPOA v CDC (NB593) March 1984 - CCPOA v State of California, DPA and CDC February 1983 - CCPOA v State of California June 1989 - CDF Employees Association v CDF CALIFORNIA DEPARTMENT OF FORESTRY EMPLOYEES ASSOCIATION and STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF FORESTRY Official document in .pdf (Adobe Acrobat) format AWARD: 1. The grievance covers all bargaining unit Fire Captain "Bs" at Los Robles CC. 2. The State violated the Agreement by requiring Fire Captain "Bs" to work regular (straight-time) Friday through Monday work weeks during the 1985-1986 NERP period. As more fully set out in the above Opinion, the State shall make whole in overtime compensation lost all Fire Captain "Bs" who were required to work a Friday through Monday shift and receive straight-time pay on Saturday and Sunday from and after February 10, 1986 at Los Robles CC. 3. The Arbitrator retains jurisdiction over the case for the sole and limited purpose of resolving disputes, if any, over remedy. February 1989 - CCPOA and CDC (Inmate Day Labor) CALIFORNIA CORRECTIONAL PEACE OFFICERS ASS0CIATION and CALIFORNIA DEPARTMENT OF CORRECTIONS Grievance: Inmate Day Labor ("IDL") Official document in .pdf (Adobe Acrobat) format AWARD: 1. There was no operational need which permitted IDL to avoid hiring overtime in accordance with Article 13.05. 2. No institutional sign up procedure or policy in effect in June 1987 affects this grievance. 3. The Department is ordered to cease and desist from hiring overtime only among IDL core employees. It must hire overtime in accordance with Article 13.05 of the Agreement. November 1987 - Employee X vs. O.H. Close DYA Employee X vs O.H. Close School Department of Youth Authority Official document in .pdf (Adobe Acrobat) format DECISION: The investigation was not sufficient and the evidence does not support the finding. November 1987 - CCPOA v CDC (NB660) CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION and STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NB660 Official document in .pdf (Adobe Acrobat) format DECISION: The State did not violate the Memorandum of Understanding by compensating certain employees with compensatory time off instead of cash. The grievance is denied. November 1987 - CCPOA v DPA, CDC (NB765) CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION and STATE OF CALIFORNIA, DEPARTMENT OF PERSONNEL ADMINISTRATION AND DEPARTMENT OF CORRECTIONS NB 765 Official document in .pdf (Adobe Acrobat) format DECISION: The grievance and demand for immediate arbitration presented on November 23, 1987 was not timely filed and is not procedurally arbitrable. September 1987 - CCPOA v CDC (Anderson) CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION and STATE OF CALIFORNIA, DEPARTMENT OF CORRECTION Involving the termination of Anderson, Grievant, for job Official document in .pdf (Adobe Acrobat) format AWARD: The Department did have a reasonable belief that the Grievant, Del Anderson, was Absent Without Leave for five consecutive workdays through May 3, 1985. The Grievant, Del Anderson, did not have a satisfactory explanation as to the cause of his absence. December 1986 - State of California v CCPOA STATE OF CALIFORNIA (DEPARTMENT OF CORRECTIONS) and CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION Official document in .pdf (Adobe Acrobat) format AWARD: The State violated Sec. 14.02 (c) of the agreement by providing Unit 6 employees with a statewide composite rate, rather than a unit composite rate. Consistent with the above discussion, the State shall contribute a rate not to exceed $11.50 per employee per month, based on the composite for Unit 6 employees, to a vision care plan administered by CCPOA, effective immediately. The State is obligated to make Unit 6 employees whole for the difference between the amount actually contributed and the composite rate required by the agreement from the date the vision care plan was to become effective until this award is implemented; the manner in which that is to be achieved is remanded to the parties for mutual determination. In the event the parties are unable to reach such a determination, the Arbitrator retains jurisdiction for a period of 90 days from the date of this award to resolve that question and any other unresolved remedial issue. The State is obligated to take all reasonable steps promptly to inform Unit 6 employees of their entitlement to the revised vision care benefit, including individual notification of their right to enroll if they have not already done so or of any action they may be required to take to qualify for full coverage. November 1986 - CCPOA v CDC (NB593) CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION and CALIFORNIA DEPARTMENT OF CORRECTIONS NB593 Official document in .pdf (Adobe Acrobat) format AWARD: 1.The State (CDC) has violated Section 11.15 e. of the current collective bargaining agreement by refusing to enable Counselors to ducat inmates from their assignments. 2. CDC must comply with the Agreement by immediately permitting Counselors to ducat inmates from their assignments. CDC may institute appropriate procedures for administratively approving the ducating. The sole purpose of these procedures will be to ascertain that the ducating is for classification or other related casework. They shall not be used to deny Counselors the, right to ducat inmates from their assignments. 3.Immediately upon receipt of this Award, CDC shall prepare an appropriate Administrative Bulletin, or other official document, to implement the right of Counselors to ducat inmates from their assignments. March 1984 - CCPOA vs. State of California, DPA and CDC CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, Complainant and STATE OF CALIFORNIA, DEPARTMENT PERSONNEL ADMINISTRATION AND DEPARTMENT OF CORRECTIONS, Respondent Official document in .pdf (Adobe Acrobat) format DECISION: The Department violated the 1982-1983 Agreement between the Parties when it implemented changes in the shift hours for Correctional Counselors without previously meeting and conferring with the Association in good faith. Maintenance of those changed work shifts has constituted a continuing violation of the present Agreement between the Parties. in order to remedy these violations, the Department shall take the following actions immediately: 1)Within 30 days, the Department shall restore the work shifts that existed at the California Men's Colony, the California Institute for Men (Chino), the Sierra Conservation Center, Folsom, the California Medical Facility (Vacaville), the California Training Facility (Soledad), the California Correctional Center (Susanville) and the Deuel Vocational Institution for Correctional Counselors before the changes contested in this case. 2)The Department shall meet and confer with the Association in good faith regarding the changes it desires in work shifts. 3)Jurisdiction is retained over any dispute concerning implementation of this Decision. February 1983 - CCPOA v State of California CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION and STATE OF CALIFORNIA Official document in .pdf (Adobe Acrobat) format AWARD: The grievance regarding work shifts/hours of work is sustained. The Employer did violate the Contract when it changed work shifts/hours of work for Correctional Counselors at California Rehabilitation Center, California Institution for Women, California Correctional Institution at Tehachapi, and San Quentin purusuant to implementing the Inmate Work Program after giving notice, but without meeting and conferring in good faith, with the Union. The remedy is that the parties shall meet and confer in good faith over the changed work shifts/hours of work during the next 60 days. If the parties are un-able to reach a negotiated settlement of the nature and scope of work shifts/hours of work for Correctional Counselors during the latter period, the Arbitrator shall at the request of either party decide the matter. In such an event each party shall be allowed to submit written arguments in support of the remedy it seeks. The Arbitrator shall retain jurisdiction for the latter purpose. The grievance regarding caseload is sustained. The Employer did change the caseload of Correctional Counselors. The Employer did violate the Contract by making the latter change without meeting and conferring with the Union in good faith. The remedy is that the Employer shall meet and confer in good faith with the Union whenever its actions cause or may cause the caseload ratio for Correctional Counselors. |
