The contract provides the County with the right to hire, schedule and assign employes. The work performed by the temporary employes was not bargaining unit work and, therefore, the County did not need to assign the work to the jailers. There is not a past practice of using part-time jailers for clerical work on a regular basis. The County has used non-bargaining unit employes to work as jailers without a grievance from the Union in the past. The grievance should be dismissed.
Jailers do perform some clerical duties as part of their regular duties.
On infrequent occasions in the past, jailers have also done some miscellaneous clerical tasks while on duty at the jail, such as placing name labels on time cards and alphabetizing accident reports. However, jailers have never been scheduled to work solely for the purpose of performing clerical tasks, as would have been the case herein if jailers, rather than temporary employes, had been assigned the disputed work. While the County certainly has the authority to assign clerical duties to jailers, such an assignment is not required by the contract. Payment of the temporary clerical rate was consistent with the work to be performed. The fact that a part-time jailer is used for serving civil process does not establish a practice which requires that all work, regardless of the nature of the work, in the Sheriff's Department be offered to bargaining unit employes.