Arbitrator Rules CHP's Discontinuance of Alternative Work Schedule Violated Unit 7 Contract
Stated Reasons for Discontinuance of Alternative Schedule at Border Communications Center Deemed Arbitrary and Capricious
On October 3, 2005 Arbitrator Frank Silver issued an arbitration decision ruling that CHP's March 1, 2002 discontinuance of an Alternative Work Schedule at Border Communications Center violated the Unit 7 Contract.
The Alternative Work Schedule language for CHP Public Safety Dispatchers was originally negotiated by CAUSE in 1998 and was incorporated as Attachment A to the 2001-03 Unit 7 Contract.
Pursuant to the provision, in early 2001 CAUSE requested that an AWS be implemented at Border CC. CHP honored the request and the schedule went into effect on April 1, 2001.
However, in as early as July 2001 the Center Commander began discussing perceived problems with the AWS with CAUSE Site Representatives at the center. CHP and CAUSE representatives met and conferred over the perceived problems. The Commander ultimately elected to suspend the AWS effective March 1, 2002 with a plan to restore the AWS on September 1, 2002. However, the restoration never materialized.
CAUSE initiated a grievance claiming that CHP violated Article 7.2C of the Unit 7 Contract which states: "Employees currently working an alternate work schedule shall not have their schedules arbitrarily or capriciously revoked or amended...." CHP argued that the discontinuance was not barred by the Contract as the staffing shortages, increased sick time and mandatory overtime incurred while the AWS was in effect, demonstrated the discontinuance was not arbitrary and capricious.
The hearing before Arbitrartor Silver took place on February 16, 2005. At hearing CAUSE put on evidence, principally through the testimony of CAUSE Labor Representative Robert Adams, which demonstrated the number of average monthly hours of sick leave usage actually went down while the AWS was in effect. Further, Bob demonstrated the number of dispatchers employed at Border CC was higher at the time CHP announced it was going to discontinue the AWS than the staffing level at the time the AWS was implemented.
The Arbitrator did find that mandatory overtime increased during the period the AWS was in effect. However, the arbitrator concluded discrepancies between the stated reasons for discontinuing the AWS and the statistical evidence produced at abitration created a "strong implication that the Department's action was indeed arbitrary and capricious under section 7.2(C)."
The Arbitrator granted CAUSE's grievance and remanded the decision to the parties to fashion appropriate relief given the current staffing levels at the Center.
The decision is a major victory for Unit 7 members as it demonstrates there will not be deference to management's decision to discontinue an established AWS if the evidence fails to support the stated reasons for discontiuance.
A copy of the Arbitrator's decision is attached at the below link.
Stated Reasons for Discontinuance of Alternative Schedule at Border Communications Center Deemed Arbitrary and Capricious
Source: Kasey Christopher Clark, Chief Legal Counsel
Date: 10/4/2005
The Alternative Work Schedule language for CHP Public Safety Dispatchers was originally negotiated by CAUSE in 1998 and was incorporated as Attachment A to the 2001-03 Unit 7 Contract.
Pursuant to the provision, in early 2001 CAUSE requested that an AWS be implemented at Border CC. CHP honored the request and the schedule went into effect on April 1, 2001.
However, in as early as July 2001 the Center Commander began discussing perceived problems with the AWS with CAUSE Site Representatives at the center. CHP and CAUSE representatives met and conferred over the perceived problems. The Commander ultimately elected to suspend the AWS effective March 1, 2002 with a plan to restore the AWS on September 1, 2002. However, the restoration never materialized.
CAUSE initiated a grievance claiming that CHP violated Article 7.2C of the Unit 7 Contract which states: "Employees currently working an alternate work schedule shall not have their schedules arbitrarily or capriciously revoked or amended...." CHP argued that the discontinuance was not barred by the Contract as the staffing shortages, increased sick time and mandatory overtime incurred while the AWS was in effect, demonstrated the discontinuance was not arbitrary and capricious.
The hearing before Arbitrartor Silver took place on February 16, 2005. At hearing CAUSE put on evidence, principally through the testimony of CAUSE Labor Representative Robert Adams, which demonstrated the number of average monthly hours of sick leave usage actually went down while the AWS was in effect. Further, Bob demonstrated the number of dispatchers employed at Border CC was higher at the time CHP announced it was going to discontinue the AWS than the staffing level at the time the AWS was implemented.
The Arbitrator did find that mandatory overtime increased during the period the AWS was in effect. However, the arbitrator concluded discrepancies between the stated reasons for discontinuing the AWS and the statistical evidence produced at abitration created a "strong implication that the Department's action was indeed arbitrary and capricious under section 7.2(C)."
The Arbitrator granted CAUSE's grievance and remanded the decision to the parties to fashion appropriate relief given the current staffing levels at the Center.
The decision is a major victory for Unit 7 members as it demonstrates there will not be deference to management's decision to discontinue an established AWS if the evidence fails to support the stated reasons for discontiuance.
A copy of the Arbitrator's decision is attached at the below link.
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