BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
OSHKOSH CITY EMPLOYEE UNION
LOCAL 796, AFSCME, AFL-CIO
CITY OF OSHKOSH
The above-captioned parties, herein "Union" and "City", are privy to a collective
bargaining agreement providing for final and binding arbitration. Pursuant thereto, hearing
was held in Oshkosh, Wisconsin, on March 23, 1998. The hearing was not transcribed.
Pursuant to the parties' request, I there issued a "bench decision", which this Award
Barbara Ziegenhagen for several years has served as the City's only full-time Court
Liaison Clerk, during which time she worked from 7:00 a.m. 3:00 p.m. In January,
the City reassigned her to a 3:00 a.m. 12:00 p.m. shift, Monday-Friday, during
she works as a Dispatcher and performs her other clerical duties. In her new shift,
Ziegenhagen works at the Dispatcher's desk from 3:00 a.m. to 7:00 a.m., Monday through
Friday. From 7:00 a.m. to 12:00 p.m. she works on her other clerical duties. This change,
fully supported by Ziegenhagen, allows her to much easier access a computer between 3:00
a.m. and 7:00 a.m. and thus greatly facilitates the performance of her clerical duties.
As I related at the hearing, the City has the inherent right to create new positions
which in essence is what it did here. The contract also allows the City to change an
employes' shift with proper notice. As a result, the City did not violate the contract
reconfigured Ziegenhagen's job so that she now performs the combined duties of a
and a Court Liaison Clerk.
But, since this constitutes a new job, it should have been posted under Article XVII
of the contract so that all other bargaining unit personnel could have bid for it. The Union
rightfully points out in this connection that it has an institutional interest in protecting the
integrity of the contract least the City otherwise creates new jobs and awards them without
proper posting. That is why the Union has the right to bargain over the wage rate to be paid
for said position.
The record further reveals, however, that no other bargaining unit members are fully
qualified for the new position. As a result, Ziegenhagen is the only bargaining unit member
who is qualified for said position. She therefore should not be dislodged from this position
solely because the City erred in not posting it.
In reaching this decision, I want to point out that this Award is non-precedential and
that nothing herein should be relied upon by either party in any other dispute.
Dated at the City of Madison, Wisconsin this 9th day of June, 1998.
Amedeo Greco, Arbitrator