Please write a summary of the facts in this case and a statement of the issue to
ID: 333440 • Letter: P
Question
Please write a summary of the facts in this case and a statement of the issue to be decided
Grievance Discussion Case 10: Are Special Skills the Same as Merit? BACKGROUND Nearly 90 percent of the residents of the south Florida city PROVISIONS of Ditchburn were Hispanic, and many residents spoke ARTICLE 6: MANAGE only Spanish. Many of the city's civil service jobs, including the fire dispatcher, comprised the bargaining unit repre o sented by the American Federation of State, County, and operate and manage its affairs in all respects; that the pow Municipal Employees (AFSCME) Local 3 POTENTIALLY RELEVANT CONTRACT MENT RIGHTS continue to retain, whether exercised or not the right to ers or authority which the city has not officially abridged Section 1 The union agrees that the city has and w Jose Obradors was a fire dispatcher for the City of deleted, or modified by the express provisions of ths Ditchbum on the 7:00 A M. to 3:00 P.M. shift. A regular disagreement are retained by the city. The rights of the city patcher on the 11:00 P.M. to 7.00 A.M. shift started matemity tough its management officials, shall include, but shal leave on November 23, which caused a temporary month) vacancy on this shift. To temporarly fill this vacancy city government; to determine the purpose of y (six- not be imited to, the right to determine the organization of each of ins until a six-month replacement could be found, Fire Chief constituent departments; to exercise control and discretion Dave Franz transferred Obradors to the 1100 P.M. to 7:00 over the organizasion and efficiency of operations A.M. shift because Obradors was bilingual. city: to set standards for service to be offered to the pub The chief then posted a vacancy notice for a temporaryic to direct the employees of the city, Including the right dispatcher for the 11.00 PM to 7:00 AM shift and stated to assign work and overtime, to hire, examine, classity that the dispatcher must be bilingual. However, no one promote, train, transfer, assig volunteered, so the chief transferred Obradors to fil the in positions with the city, to suspend, demote, discharge or take other disciplinary action against employees for nvity leave six months later. While Obradors was the most proper cause; to increase, reduce, change, modify, or after junior bilingual dispatcher, he was not the most junior dis the composition and size of the workforce, including the position unti the prior dispatcher returned from matero patcher. In fact, Obradors had enough seniority to work a right to relieve employees fromn duties becouse of lack 100 P M, to 7:00 A.M, and the transfer waswork or funds to determine the location, methods, means and personnel by which operations are to be conducted. s was transferred because of his ability to speak ncluding the right to determine whether goods or services are to be made or purchased, to establish, modiy, com adors, however, did not want to work the 11.00 P.Mbine or abolish job pay positions; to change or eliminate and thus filed a grievance requesting to existing methods of operations, equipment, or facilities to methods, means, and number of personnel needed or desirable for carrying out the city's mission and made despite his objection. The city freely admitted that Spanish. be transferred back to his day shift immediately because determine the the city vioated the collective bargaining agreement TESTIMONY AT THE ARBITRATION HEARING At the grievance hearing the city's personnel director tes- tified that the city had considered language ability as a factor in establishing schedules for the last ? years, espe- cially for the fire dispatcher and police complaint officer positions. In fact, the city's schedules specified the number of bilingual workers required per shit. Consequenty, shift espective roles and responsibilities assignments were based not solely on seniority but also on language ability, Examples could be cited of junior employ- ees who were promoted instead of more senior employ ees because of language ability. Finally, the city's recentlypoees in the bergaäining unit without disc enacted hiring policy required all new fire dispatchers to to direct the workforce Section 5. Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount i the City of Ditchburn. Such achievement is importance to f rcognized to be a mutueal obligation of both parties in the Section 1. The city and the union agree that the pro to age, sex, marital status, race, color, creed, national ori ARTICLE 10 NO DISCRIMINATION visions of the agreement shall be applied equally to all gin, or political afiation ARTICLE 30 LAYOFF AND RECALL Both parties agreed that Jose Obradors' transfer was based on his language ability and that he had the seniority to work a different shift. 346Explanation / Answer
Case Summary
The case presents the legal implications that happened due to transfer of an employee to another shift of work.The case is presented about an area where people are having to languages of communication i.e. Hispanic and Spanish.The emergency services therefore requires bilingual service persons to easily communicate to the public and transfer information.An employee Jose Obrador has been transferred to a night shift from hos regular day shift due to an emergency situation of an employees' maternity leave.Though the chief posted an employment advertisement for night shift before transferring Obrador he did not get any response from anyone and forced to transfer Obrador to nightshift as he is bilingual and night shift is crucial to handle.Obrador was dissatisfied with this decision and challenged in the city council against the issue.But as City director found that emergency services of city like police and fire requires bilingual persons, he made a decision with union's agreement that it did not violate any rule.
It also stated in the union contract agreement that management has rights to transfer, hire and schedule employees for its requirement.As the section 5 of article says its sole responsibility of government to provide best services to public, Obrador's chief did the best what he thought was according to the situation's requirement.
Statement of the issue.
As per the contract agreement article no -1 the public services department did not violate the rule by transferring Mr. Jose Obrador to 11pm to 7am shift the case goes in favor of the city council and Obrador has to continue the services as per the requirement of the Fire services department