Local leadership met with members of Management this afternoon (Thursday) to further negotiate the involuntary transfers to Civil and 1st Municipal. Our proposal (see previous posting) was fair and consistent with the Collective Bargaining Agreement: transfer the least senior attorneys in the Office not already assigned to Civil and 1st Municipal. Management chose not to adopt our proposal, and instead will effectuate their own plan, which the union believes is not consistent with seniority. For example, Management’s plan creates “safe sites” where no attorneys face transfer irrespective of seniority, and identifies other sites that Management has decided will unfairly feel the brunt of the involuntary transfers. Because Management’s site selection process is subjective and not in accordance with seniority principles, the Union is unable to agree with this re-organization plan.
Therefore, those attorneys who will be subject to involuntary transfer should consult with their union steward about filing a grievance.
April 26th, 2007
Generally under labor law, when a contract has a provision relating to a subject, it applies in all related circumstances. Our contract provides that voluntary transfers be based on seniority, i.e. most senior attorney gets the transfer. Inversely, involuntary transfers should be based upon seniority as well, i.e. least senior attorneys are involuntarily transfered.
Thank you Bob, Brenton, and Monique for upholding this fundamental princple of our contract and unionization generally. I do hope the adversely affected attorneys pursue their grievance. Good luck.
April 26th, 2007
We had involuntary transfers in the past when the former Juvenile Division was split into the separate Civil Division and Delinquency Division. At that time, all involuntary transfers (about 40 in total) were taken from the least senior members of the Office. So management’s own past practice undercuts their current reading of the contract.
Good luck for the grievances and for those who are being unfairly targeted for transfer. Thanks for keeping us informed about discussions with management.