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ARTICLES BY NUMBER 1 -
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It shall be the sole right of the Police Chief to transfer employees of the Department where such transfer does not result in a loss of pay (excluding clothing allowance and other benefits attributable to the prior assignment) to the transferred employee. if a transfer is a permanent change in the officers assignment, shift, or days off, the employee shall be given no less than five (5) working days notice prior to the transfer in order that the employee may arrange for an orderly change. The five (5) day notice may be waived by the employee and it need not be given when unforeseen needs of the Department or emergency conditions require that temporary changes be made with little or no advance notice.
Section 2. District transfers involving employees in the Uniformed Patrol Division will be based upon legitimate, non-arbitrary Departmental objectives, including, but not limited to, suitability for particular assignments and training functions. Such transfers will only change the employee's district and not the shift assignment. Where it is necessary to displace an employee in the new district, the least senior non-probationary employee in that district will be transferred and will not have any shift or district pick.
Section 3. Except as provided in this Article, in no event shall any transfer be subject to the grievance/arbitration provisions of this Agreement; provided that in cases in which a transfer is accompanied by a disciplinary suspension or demotion, the arbitrator may rescind the transfer as part of the remedy if the arbitrator determines that the employee did not commit the disciplinary offense.
Section 4. Employees transferred from specialty units to the Uniformed Patrol Division will be permitted to select a shift based upon Department seniority, if the transfer occurs more than sixty (60) days prior to the next annual shift pick. Any less senior non-probationary employee assigned routine patrol duties displaced as the result of such shift pick shall have the same bumping right. No other person may exercise such rights.
The City shall endeavor to provide such transferred employees with their selection of days off based on seniority but need not adhere solely to seniority where a good faith determination is made that legitimate non- arbitrary departmental objectives will be served.
Section 5. This Article applies only to involuntary transfers. Further, nothing in this Article is intended to change the annual shift pick under Article 37 of this Agreement.
Section 6. The parties agree that grievances concerning the interpretation or application of this Article may be filed directly at Step 3 of the grievance procedure. Unresolved grievances may be submitted to expedited arbitration before one (1) of at least two (2) permanent arbitrators to be selected by the parties. The arbitrator shall rule from the bench without post-hearing briefs and shall thereafter issue a written award. |
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