IN THE MATTER OF ARBITRATION BEFORE ARBITRATOR BRIAN CLAUSS ) ) )

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1 IN THE MATTER OF ARBITRATION BEFORE ARBITRATOR BRIAN CLAUSS METROPOLITAN ALLIANCE OF POLICE, CHAPTER #630, Involuntary Transfer Grievance Union, Class Action v. Grievance # NORTHEASTERN ILLINOIS UNIVERSITY, Employer APPEARANCES For MAP: Ronald N. Cincinelli The Law Office of Ronald N. Cincinelli For NEIU: Melissa K. Reardon Henry General Counsel

2 INTRODUCTION Northeastern Illinois University ( NEIU or Employer and Metropolitan Alliance of Police, Chapter #630 ( MAP or Union are parties to a collective bargaining agreement ( CBA or Contract. The Union brought this grievance, complaining that the Employer violated the provision of the Contract that restricts its ability to transfer officers involuntarily between campuses, as well as a February 7, 2012 settlement agreement of a prior grievance, in which NEIU reaffirmed that employees shall not be involuntarily transferred from one site to another. The parties were unable to resolve the matter through the grievance procedure of their CBA and the matter was submitted, via written briefs and supporting evidence, for decision by the undersigned Arbitrator. FACTS NEIU is a university with a main campus in Chicago, Illinois, and several satellite campuses. One satellite campus is the Jacob Carruthers Center for Inner City Studies ( CCICS. The CBA contains a provision at Article VI, Section 3, stating that An employee(s shall not be involuntarily transferred from one site to another. The Union filed an unfair labor practice ( ULP complaint against the Employer dated May 23, 2011, alleging: Per the memo dated May 19, 2011, Police Officers will now be assigned to cover police officer staffed shifts between locations. This is a violation of the current contract, Article VI, Section 3, which states an employee(s shall not be involuntarily transferred from one site to another. In response to this complaint, NEIU filed its own complaint against MAP, in which it asserted the same argument it makes here that the CBA prohibits involuntary transfers, but that what 2

3 the Union was complaining about was merely temporary reassignment, which is not addressed in the CBA. The parties eventually reached a settlement of the ULP complaint regarding involuntary transfers. The Settlement Agreement, dated February 7, 2012, provided in relevant part: 3.01 NEIU s Agreements with MAP. NEIU, for and in consideration of the promises of MAP, pursuant to paragraph hereof, does agree as follows: a. NEIU agrees its charge of an unfair labor practice, identified as Case No. S-CB with the Board, shall be dismissed with prejudice and without attorney s fees, costs or expenses by submitting a fully executed Stipulation to Dismiss to the Board for entry of an order reflecting said dismissal within ten (10 business days of the Effective Date of this Agreement. b. NEIU acknowledges and agrees that the following language regarding Article VI, Section 3 Transfers shall be incorporated into the parties successor collective bargaining agreement dated July 1, 2010 to June 30, The Employer agrees to seek employee volunteers for transfer from one site to another (i.e. Main Campus, Jacob Carruthers Center for Inner City Studies prior to hiring new employee(s. An employee(s shall not be involuntarily transferred from one site to another. c. NEIU agrees to post, within thirty (30 calendar days following the Effective Date of this Agreement, a job announcement for the position classification of Security Guard, as defined in the State Universities Civil Service Rules ( the Rules. NEIU further agrees that it shall provide testing for the position according to the Rules, and upon completion of the testing procedures, hire a Security Guard to assist in alleviating the overtime at the Jacob Carruthers Center for Inner City Studies campus. In September 2012, the Employer hired a second security guard for the CCICS campus, but that individual resigned one week later. The parties agree that the Employer has resumed the practice of using MAP officers assigned to the Main Campus to cover shifts at CCICS. 3

4 ISSUE The issue in the instant matter is whether NEIU breached the Collective Bargaining Agreement by involuntarily transferring police officers from the main campus to a satellite site (the CCICS. POSITIONS OF THE PARTIES Union MAP argues that officers are being involuntarily transferred from the Main Campus to the CCICS satellite campus which are over fifteen miles apart. It contends that this is in violation of Article VI, Section 3 of the CBA, as well as of the February 7, 2012 Settlement Agreement. It points to the job notices for NEIU Police Officers, which state that the job is at the Main Campus. The Union insists that the Employer s contention that officers are being detailed, rather than transferred, is merely using semantics in order to thwart the settlement and CBA. It claims that the true meaning of transferred is the same as that raised in the May 23, 2011 ULP complaint. As a remedy, the Union asks that the Employer be directed to cease and desist the practice of involuntarily transferring bargaining unit members from the Main Campus to CCICS. Employer The Employer maintains that Police Officers are only occasionally detailed, not transferred, between campuses. It relies upon the Affidavit of NEIU Chief of Police James Lyon, Jr., who explains that he occasionally temporarily assigns officers to work at CCICS when there are no officers or security guards available or willing to cover shifts at the satellite campus. Chief Lyon further states that NEIUPD regards an occasional shift at CCICS as a temporary duty assignment, or detail. 4

5 NEIU asserts there is no evidence that any of MAP s members have been transferred. It asks that the grievance be denied. RELEVANT CONTRACT LANGUAGE ARTICLE VI SENIORITY Section 3 Transfers The Employer agrees to seek employee volunteers for transfer from one site to another (i.e. Main Campus, Center for Inner City Studies prior to hiring new employees. An employee(s shall not be involuntarily transferred from one site to another. ANALYSIS In a grievance alleging a violation of a Collective Bargaining Agreement, the Union bears the burden of proof. Here, the Union has asserted that NEIU Police Officers are being involuntarily transferred from the Main Campus to the CCICS when they are temporarily detailed to cover shifts. The Employer s argument is that temporary assignments are not the same as transfers. The analysis of the instant matter is straightforward and involves an application of res judicata. Res judicata applies because this issue has been resolved by the parties and that resolution is both instructive and dispositive in the instant matter. The same issue was raised in the May 23, 2011 ULP complaint and the parties have already settled that dispute. An examination of the Settlement Agreement used the term transfer to address the complained-of conduct in the instant matter temporary assignments of officers. The Employer raised the argument that temporary assignments are not the same as transfers which is exactly what the parties have already addressed and resolved. 5

6 Based upon this record, the undersigned Arbitrator is compelled to find that the Union has met its burden to show a violation of Article VI, Section 3 of the CBA. CONCLUSION The record establishes that the Employer has violated Article VI, Section 3 of the CBA by involuntarily assigning NEIU Police Officers employed at the main campus to temporarily cover shifts at CCICS. AWARD Grievance SUSTAINED. The Employer shall cease and desist involuntarily assigning NEIU Police Officers employed at the main campus to temporarily cover shifts at CCICS. Brian Clauss, Arbitrator April 11,