By Rick Gautschi
In City and County of San Francisco, 130 LA 1043 (Arb. 2012), Until September 2010, several police officers served in the employer’s Ground Transportation Unit (GTU). Their duties ranged across a number of areas. For example, they had responsibility for enforcing licensing requirements for taxis and limousines that serve the San Francisco airport and for assisting TSA personnel regarding security and terrorism issues. In September 2010, the employer transferred three long-serving GTU officers, who had previously filed complaints alleging a hostile work environment, out of that unit to patrol duty. A memorandum of understanding (MOU) between the union and the employer specified that officers would have the opportunity to sign up for watches based on seniority. Consequently, the union argued that the transfer violated the MOU’s seniority sign up provision because, as the result of past practice, the GTU was a specialized unit within the police department.
The arbitrator explained that as in any paramilitary organization, the employer had discretion to organize and assign personnel for the good of the organization as long as in doing so the employer stayed within the four corners of an MOU.
The arbitrator accepted the employer’s explanation that the transfers were intended to effect gains in organizational efficiency and, as a result, were made for the good of the department. As to the union’s contention that the GTU was a specialized unit, the arbitrator accepted the employer’s testimony that it regarded the GTU as an assignment within the airport unit and not as a specialized unit per se. Finally, the arbitrator noted that the transferred officers were all able to sign up for watches in their new assignment according to seniority. Consequently, the transfers did not violate the collective bargaining agreement.
