On September 26, 2017, AFSCME Local 2620 (“Union”) filed a grievance with California Correctional Health Care Services (“CCHCS”) at the California Men’s Colony (“CMC”) on behalf of Bargaining Unit 19 (“BU19”) employees. When the parties were unable to resolve the grievance at the lower levels of their procedure, the Union moved it to arbitration. The Arbitrator held hearings at CMC on June 15, August 21, 22, and 23, 2018, in San Luis Obispo, CA. Both parties were present at the hearings and represented by counsel. Each had a full opportunity to examine and cross-examine witnesses, present evidence, and argue its position. Neither party objected to the conduct of the hearing. A court reporter recorded the proceedings. At the close of the hearing the parties asked to file post-hearing briefs. The Arbitrator declared the hearing closed when he received the last brief on December 7, 2018.
- CCHCS violated, Article 6.4.C and 6.4.D when it denied and canceled alternate work schedules for BU19 employees at the California Men’s Colony.
- CCHCS violated 6.4.C in January 2017 when it instituted a blanket policy of denying AWS to all new and existing BU19 employees.
- To remedy the violation, CCHCS will cease and desist from pursuing a policy of denying AWS to all BU19 employees. CCHCS will communicate with BU19 employees informing them that, in accordance with Article 6.4, it will consider any request for AWS and not unreasonably or arbitrarily deny it.
- CCHCS violated 6.4.D on March 5, 2018, when it cancelled the existing AWS of all BU19 without an operational need to do so.
- To remedy the violation, CCHCS will restore the AWS it cancelled on March 5, 2018 to each BU19 employee at CMC whose AWS it cancelled. Each employee will be entitled to the AWS he or she had at the time of the cancellation. Each employee has the right to decline the AWS. CMC will notify the Union of all AWS restored and declined.
- CCHCS will have 60 days from the date of this Award to return all BU19 employees to their pre March 5, 2018 AWS schedules.
Thank you for all your hard work.