By David E. Worley
In Jackson County Sheriff’s Dep’t, 131 LA 433 (Pratte, 2013), a non-disciplinary transfer was upheld when a Sergeant who had been in the same unit for 21 years was transferred by the Sheriff and there was no change in seniority or rate of pay. Noting that this grievance involved a nondisciplinary transfer, the Arbitrator found that the Union had the burden to prove the transfer violated a specific provision in the CBA. The arbitrator held that there was no clear exception to the management rights clause in the CBA, and the restrictive language cited by the union did not apply.
The CBA contained a management rights clause giving the Sheriff the general right to transfer employees. There was also a “Work Assignments” clause giving the Sheriff the right to fill open positions. Included in that “Work Assignments” clause was a restriction on “departmental transfers” imposed by the “unit commander.”
The union’s argument that the general management rights clause was superseded by the more specific language restricting the availability of a discretional transfer contained in the “Work Assignments” clause. However, the arbitrator found that no language in the “Work Assignments” clause was applicable to the present situation, and therefore there was no present limitation on the Sheriff’s right to transfer employees contained in the management rights clause.
First, the arbitrator explained, the transfer was not intended to fill a vacant position, rendering that restriction inapplicable. Second, the transfer was done by the Sheriff (who possessed broad management rights) and not by the “unit commander” rendering that “Work Assignments” restriction inapplicable. Finally, he concluded, the transfer was from one unit to another, not from one department to another. The restriction (on unit commanders) was on departmental transfers only. Thus, this provision doubly did not apply:
The Union advocates the concept that the Sheriff may not use discretion to transfer . . . unless specifically authorized. The common rule followed by arbitrators, however, is that it is the restriction on management’s right to transfer which must be proved in order to avoid a typical Management Rights clause, not the other way around.
Although the arbitrator provided a thorough analysis (and repeatedly praised the union representation), he declared the decision to be relatively straightforward.
[T]he fact is that this was not a departmental transfer, which is to be done by the Division Commander. This transfer was done by the Sheriff, and the Arbitrator is upholding it on that ground alone.
