Grievance Information Detail

OCB Case Number

Old Grievance Number

Award Number

Grievant's Name

Arbitrator

Agency

Union

First Chair

Union Advocate

Second Chair

Arbitration Date

Decision Date

Decision

Cost

Contract Articles 30.1, 30.2

Attachment List

• 2263
• 2263

Contract Violations

Holding

Article 30.01 provides that both seniority and ability are to be considered when determining the appropriateness of a transfer. Article 23.02 identifies the criteria to be used in determining the ability required to be a K-9 Handler. Grievant was the most senior applicant, and eight years the senior to the successful applicant. The term ability under Article 23.02 has been subject to two previous arbitrations where both arbitrators determined that the appropriate question is whether or not the individual has the minimum ability to perform the job, not whether one individual has more ability than another. Using Article 23.02's criteria, grievant was determined to have the minimum ability to perform the job. As the most senior applicant, then, grievant should have been granted the K-9 Handler position.