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Sergeant Study Group 2024 > 9.1 > Flashcards

9.1 Flashcards

1
Q

What is the name of the program that encourages harmonious relations between the Department and its employees, and establishes procedures for the equitable and peaceful resolution of differences on employee relations?
a. Employee Wellness Program
b. Employee Assistance Program
c. Employee Relations Program
d. Peer Support Program

A

c. Employee Relations Program

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2
Q

Who is responsible for seeing that the employee relations policies of the California Highway Patrol are properly administered?
a. Managers
b. Supervisors
c. Officers
d. Both A and B

A

d. Both A and B Managers and Supervisors

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3
Q

_______________ is/are responsible for developing, coordinating and administering employee relations policies and procedures for the Office of Commissioner.
a. The Academy
b. The Office of Employee Relations
c. Division Commanders
d. The Office of Legal Affairs

A

b. The Office of Employee Relations

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4
Q

True or False: The Office of Employee Relations is responsible for training managers and supervisors to enhance their understanding and develop their expertise in the principles and concepts of public sector employee relations?

A

t

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5
Q

True or False: Misapplications or failure to enforce the terms of each Bargaining Unit contract could result in violations which are subject to complaint and arbitration procedures.

A

False, …subject to the grievance and arbitration procedures

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6
Q

What is the Dills Act?

A

A. A series of Government Code Sections which govern collective bargaining for represented employees of the State of California. (ref. pg. 2-4, sec. 1.f.1)

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7
Q
  1. Who is covered under the Dills Act?
A

A. All civil service employees. (ref. pg. 2-4, sec. 1.f.2a)

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8
Q
  1. True or False – Under the Dills Act, represented employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.
A

A. True. (ref. pg. 2-4, sec. 3.a.)

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9
Q
  1. What is an Excluded Employee?
A

A. Excluded employee means all managerial, confidential and supervisory employees and all civil service employees of the California Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s Office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Public Employment Relations Board, conciliators employed by the State Conciliation Service within the Department of Industrial Relations, and intermittent athletic inspectors who are employees of the State Athletic Commission. (ref. Chpt 1 pg. 1-10, Annex B)

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10
Q
  1. Do supervisory employees have the right to be represented regarding all matters related to employment conditions and supervisory employer-employee relations?
A

A. Yes, even though they are Excluded Employees. (ref. pg. 2-4, sec. 3.b.)

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11
Q

When an employee representative is acting in that capacity, they are on _______ _______ with management?
A. Equal ground
B. Lesser ground
C. Higher ground

A

A. Equal Ground

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12
Q

What does management determine when they look at contracts?
A. Restrictions imposed on managerial authority.
B. Which rights have been relinquished or are shared with the exclusive representatives.

A

Which rights have been relinquished or are shared with the exclusive representatives.

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13
Q

What are the essential techniques of managers and supervisors?

A
  1. Understand and exercise managements rights for the efficiency and effectiveness of the Department.
  2. Be familiar with contracts covering their staff.
  3. Develop relationships with employee organization representatives. Treat them in a professional manner as equals when dealing with employee relations issues.
  4. Remain alert to problems which may be brewing. Attempt to resolve them before they become formal grievances or complaints.
  5. Keep the Office of Employee Relations informed of significant employee relations issues and problems with contract language.
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14
Q

Can a representative’s representational activity be used as a basis for discipline or discharge?
A. Yes.
B. No.
C. Sometimes.

A

B. No

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15
Q

What is the role of the supervisor?
A. Directs the work force towards accomplishing the departments goals and serves as managements contact with departmental employees
B. Link between the CAHP and management.

A

A. Directs the work force towards accomplishing the departments goals and serves as managements contact with departmental employees

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16
Q

What is the Dill’s Act?
A. Rules governing State employee organizations for unrepresented employees
B. Rules governing State employee overtime hours for represented employees.
C. Rules governing State employee organizations for represented employees.

A

C. Rules governing State employee organizations for represented employees.

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17
Q

How many represented bargaining units are in the department?
A. 12
B. 10
C. 5
D. 13

A

a. 12

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18
Q

Where are rules governing excluded employees located?
A. CPOLS
B. CalHR
C. Excluded Employee Bill of Rights

A

C. Excluded Employee Bill of Rights

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19
Q

An organization of employees and former employees of the state is called what?
A. A bona fide association
B. SRT
C. Retirees Forum.

A

A. A bona fide association

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20
Q

Where should questions regarding an organization claiming to represent departmental employees or the status of bona fide associations be directed?
A. CHP Academy
B. CHP H.Q.
C. Office of Employee Relations
D. CalHR

A

C. Office of Employee Relations

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21
Q

If there is a conflict between policy and contract, which takes precedence?
A. Contract.
B. Policy.
C. MOU.
D. SOP.

A

A. Contract

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22
Q

Who is permitted access to work locations?
A. The Public with a representative.
B. Officials and designated representatives of recognized employee organizations, including supervisory organizations.

A

B. Officials and designated representatives of recognized employee organizations, including supervisory organizations.

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23
Q

Who must a representative receive approval from to access a work location?
A. A representative desiring access to a work location must state the purpose and request approval from that location’s commander or designee.
B. A representative desiring access to a work location must state the purpose and request approval from that location’s clerical staff.
C. A representative desiring access to a work location must state the purpose and request approval from that location’s area Rep.

A

A. A representative desiring access to a work location must state the purpose and request approval from that location’s commander or designee.

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24
Q

Who must a representative obtain permission from to engage in representational matters?
A. A representative must obtain permission from their OIC to engage, during working hours, in a business relating to representational matters.
B. A representative must obtain permission from their immediate supervisor to engage, during working hours, in a business relating to representational matters.
C. A representative must obtain permission from CALHR to engage, during working hours, in a business relating to representational matters.

A

B. A representative must obtain permission from their immediate supervisor to engage, during working hours, in a business relating to representational matters.

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25
Q

5.Why may access be denied/delayed to a work location?

A

Answer: Access to a work location may be denied or delayed for reasons including safety, security, workload requirements, or other legitimate circumstances.

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26
Q

What should happen if access is denied?
A. Call Dispatch and start a log.
B. go home.
C. reasonable alternatives should be provided.

A

C. reasonable alternatives should be provided.

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27
Q

Who may post on an employee organization bulletin board?
A. Supervisors
B. A recognized employee organization.
C. Managers or their designee
D. Clerical

A

B. A recognized employee organization.

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28
Q

What may be posted on the bulletin board?

A

Notice and results of any official organization committee or meeting, elections and their results, recreational and social events, or official business.

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29
Q

What shall be on any materials posted to the bulletin board? Who shall the materials be provided to?
A. The date and initials of the organization representative. A copy shall be provided to the commander.
B. The date and initials of the organization representative. A copy shall be provided to the supervisor.
C. The date and initials of the organization representative. A copy shall be provided to the Division Commander.

A

A. The date and initials of the organization representative. A copy shall be provided to the commander.

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30
Q

Who should be consulted regarding doubt to propriety of posted material?
A. CalHR
B. Unit 5
C. Clerical
D. OER

A

D. OER

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31
Q

What should happen if management wants to remove material?

A

Management should make reasonable effort to contact the affected employee organization to explain the reason. Management retains final authority for removal.

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32
Q

What shall employees not be do during working hours?
A. Employees shall not conduct/participate in employee organization business activities.
B. Employees are allowed conduct/participate in employee organization business activities as long as it is reasonable

A

A. Employees shall not conduct/participate in employee organization business activities.

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33
Q

What is an employee’s non-working hours?
A. Court Call Back hours.
B. Lunch breaks, rest breaks, and time before and after work.

A

B. Lunch breaks, rest breaks, and time before and after work.

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34
Q

Can State facilities can be used for organizational meetings upon approval of __________.
A. Division Chief
B. ASM
C. Commander/designee.
D. Clerical supervisor.

A

C. Commander/designee.

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35
Q

What is the main consideration for approving use of release time?

A

The needs of the command.

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36
Q

What is State Release Time?

A

State time used for representational purposes permitted by contract or policy.

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37
Q

Who grants release time?

A

The employees supervisor may grant/deny request for State Release Time.

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38
Q

Is travel time permitted?

A

Yes, if can it can be accomplished within the amount of authorized State Release Time.

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39
Q

Is transportation cost expenses authorized?

A

No

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40
Q

Is overtime approved for State Release Time?

A

No, not eligible

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41
Q

Can an extension of State Release Time occur?

A

Unless specified, not without approval of Management

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42
Q

Can an employee use Release Time during assigned work hours?

A

Yes, a reasonable amount for grievance/complaint representation.

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43
Q

Who should refer to the employees contract for use of Release Time?

A

Managers and Supervisors

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44
Q

Who has the right for representation, and what levels?

A

An employee has a right to secure representation from the informal stage and all levels of appeal in the grievance or complaint procedure.

45
Q

How much State Release Time may be granted?

A

A reasonable amount, with prior notification by their immediate supervisor.

46
Q

What is the normal amount of State Release Time?

A

4 hours, for the informal level, and each formal appeal level in grievance and appeal procedures.

47
Q

Is State Release Time eligible for a representative not appointed by an employee?

A

No, unless management calls meeting to discuss grievance.

48
Q

Can an excluded employee use Release Time to represent another excluded employee?

A

Yes, as long as it occurs within the excluded employee’s normal work shift.

49
Q

How much release time is an excluded employee allowed?

A

Up to 4 hours, may be limited or extended with management approval.

50
Q

Is an employee allowed Release Time for self-representation?

A

No.

51
Q

In what increments can time be donated?

A

In 1 hour increments, except holiday credits which are 8 hour increments. Sick leave may not be donated. Once donated, irrevocable.

52
Q

What form shall be utilized for withdrawal of contributory bank, pending advanced notice to who?

A

A CHP 610, notice to a supervisor.

53
Q

Who is authorized to approve/disapprove reimbursable paid leave of absence?

A

Supervisors and managers.

54
Q

Who has obtains supervisory approval for reimbursable paid leave?

A

OER

55
Q

What is the duration of a paid leave of absence?

A

Should not be less than 1 day and not more than 1 year at a time.

56
Q

How long shall the request for paid leave of absence be retained?

A

12 months from date of request at Command level, 3 years in OER.

57
Q

Who shall a representative inform regarding request for State Release Time?

A

A supervisor with reason and amount of time needed.

58
Q

Use of employee organization bank time shall be requested through who?

A

A supervisor, approval is subject to needs of the command.

59
Q

What form shall be used for a reimbursable paid leave of absence?

A

A CHP 614.

60
Q

What forms are required for documenting State Release Time? In what increments of time? When shall the forms be submitted?

A

CHP 610
Recorded to the nearest half-hour increment.
Submitted within 2 days to supervisor.
Approved CHP 610 and 415 sent to OER, copy retained at command.
Up to 8 hours per incident for director or defense rep at officer involved shooting.
Beat codes 831-838, depending on what time is spent on.

61
Q

A grievance among represented employees alleges a violation of…

A

Contract

62
Q

A complaint among represented employees alleges a violation of…

A

Answer: Policy

63
Q

A grievance / complaint normally progresses through the following levels:

A

Informal Level (immediate supervisor)
Level 1 – Area commander
Level 2 – Division commander
Level 3 – Office of Commissioner
Level 4 – Director of the Dept. of Human Resources
Arbitration

64
Q
  1. Through the grievance / complaint process, employees are entitled to…
A

Answer: Confidentiality

65
Q
  1. The Informal Level includes the following steps (See Annex T, pg. 7-53):
A

Discussion – Should include the affected employee, occur as soon as possible, allow adequate time to fully discuss the matter, and include suggested solutions.
Investigation – Investigate thoroughly now as it is more difficult to resolve at a formal level.
Informal Response – Discuss the response with others in the management team.
Adjustment (or correction) – Errors must be admitted and corrected promptly. Denials should be explained to the employee.

66
Q
  1. If a formal written grievance / complaint is submitted prior to an informal discussion the command should do what?
A

Answer: Return the grievance / complaint to the employee.

67
Q
  1. A formal grievance / complaint contains what three elements?
A

Answer: Alleged violation, Statement of the problem, Proposed remedy.

68
Q
  1. The response to a grievance / complaint should include what three elements:
A

Answer: Introduction, Management’s position, Decision.

69
Q
  1. A grievance / complaint may be filed on what forms?
A

Answer: CHP 94, Employee Grievance/Complaint, or a STD630, Employee Contract Grievance

70
Q
  1. Processing a Grievance / Complaint – Step 1: A copy of the formal grievance/complaint, the first level response, and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the respective Division and the Office of Employee Relations (OER) within _____ after issuance of the response.
A

Answer: Five (5) working days

71
Q
  1. Processing a Grievance / Complaint – Step 2: A copy of the grievance/complaint, the second level response, and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the affected command and OER within _____ after issuance of the response.
A

Answer: Five (5) working days

72
Q
  1. Processing a Grievance / Complaint – Step 3: Upon appeal to the third level, OER will forward a copy of the third level appeal to the affected commands within three working days after receipt. A copy of the departmental response will be forwarded to the affected commands within _____ after issuance.
A

Answer: Three (3) working days

73
Q
  1. Processing a Grievance / Complaint – Step 4: California Department of Human Resources (CalHR) sends the Department a copy of the response to a Level 4 appeal. The OER, in turn, will provide copies of the Level 4 response to the affected commands within _____ after receipt.
A

Answer: Three (3) working days

74
Q
  1. Documentation: Grievance/complaint files shall be placed in a separate confidential classification entitled…
A

Answer: “Grievances/Complaints,” and labeled “Active” or “Inactive.”

75
Q
  1. Documentation: Grievance records shall be retained at the affected command for a period of _____ following the date of the final action.
A

Answer: Three (3) years

76
Q
  1. Documentation: Complaint records shall be retained at the affected command for a period of _____ following the date of the final action.
A

Answer: One (1) year

77
Q
  1. A grievance must be filed within _____ of the causing event.
A

Answer: 21 calendar days

78
Q
  1. Response to an Informal Discussion is to be issued within…
A

Answer: 7 calendar days

79
Q
  1. Response time for Level 1 – Area Commander
A

Answer: 21 calendar days

80
Q
  1. Response time for Level 2 – Division Commander
A

Answer: 21 calendar days

81
Q
  1. Response time for Level 3 – Office of Commissioner
A

Answer: 21 calendar days

82
Q
  1. Response time for Level 4 – CalHR
A

Answer: 45 calendar days

83
Q
  1. Appeal time for Level 1 – Area Commander
A

Answer: 7 calendar days

84
Q
  1. Appeal time for Level 2 – Division Commander
A

Answer: 14 calendar days

85
Q
  1. Appeal time for Level 3 – Office of Commissioner
A

Answer: 14 calendar days

86
Q
  1. Appeal time for Level 4 – DPA
A

Answer: 14 calendar days

87
Q
  1. Appeal time for Level 5 - Arbitration
A

Answer: 30 calendar days

88
Q

An excluded employee ___________ is a dispute of one or more employees involving the application or interpretation of a statute, regulation, policy, or practice which falls under the jurisdiction of California Department of Human Resources (CalHR).

A

Answer: Grievance

89
Q
  1. _______________ is the individual identified by the appointing power who assigns, reviews and directs the work of an employee.
A

Answer: Immediate supervisor

90
Q

(True/False) All employees have the right to confidentiality during the grievance process.

A

t

91
Q
  1. What shall be accomplished prior to appealing to a level 1 grievance?
A

Answer: An informal discussion to discuss the grievance with their immediate supervisor.

92
Q

The employee or the employee’s representative shall discuss the grievance with their immediate supervisor. This discussion must occur within how many days of the event(s) or circumstance(s) causing the grievance.

A

Answer: EXCLUDEDten working days. REPRESENTED EMPLOYEES 21 CALENDAR DAYS

93
Q

Within how many days, the immediate supervisor shall render their decision either verbally or in writing.

A

Answer: EXCLUDED 5 working days REPRESENTED EMPLOYEE 7 CALENDAR DAYS

94
Q

Normally, the levels of appeal for an excluded employee grievance are
_____________ (Level 1)
____________ (Level 2)
_____________ (Level 3)
and the ________________ (Level 4).

A

Answer: Area Commander, Division Commander, Office of the Commissioner, Director of CalHR

95
Q

A grievant may/may not withdraw a grievance at any time; however, they should/shall not file a subsequent grievance on the same alleged incident or issue.

A

May; Shall

96
Q

__________________ occurs when negotiations have come to an impasse. An arbitrator is called in to resolve the issue. The Ralph C. Dills Act does not mandate it in California.

A

Interest Arbitration

97
Q

____________ Arbitration is used most commonly to settle disputes between parties of a contract as to its application or interpretation.

A

Rights/Grievance

98
Q

he ruling of the arbitrator is usually called an ________

A

Award

99
Q

Who handles the arbitration hearings?

A

CalHR and OER

100
Q

If a request for meet and confer by a bargaining unit 5 member has been made, and a CAHP Rep and Commander are scheduled to meet, can the officer participate in the meeting?

A

May or may not, at the discretion of the commander.

101
Q

Which employees are expressly excluded from collective bargaining by the Dills Act?

A

managers, supervisors, and confidential employees—who comprise the Departments management team.

102
Q

When the state meets and confers with employee organizations representing “represented employees” there (is or is not) a requirement to reach an agreement on proposals?

A

Answer: is not

103
Q

True or false: Managerial employees have no representational rights under the Dills Act.

A

t

104
Q

Pay and be benefits for other excluded employees is determined by ________?

A

CalHR

105
Q
  1. True or false: The decision to remove an employee from a specialty pay position can be made arbitrarily?
A
106
Q
  1. Prior to removing an employee for cause from a specialty pay position, what must first be obtained?
A

Approval from appropriate assistant commissioner

107
Q
  1. An employee removed from a specialty pay position (is or is not) entitled to an administrative hearing?
A

Is

108
Q
  1. Incidents where there is an established nexus between an adverse action and a resulting loss of a specialty pay position the removal will be processed with the _______?
A

Adverse Action

109
Q
  1. Represented employees removed for cause from a specialty pay position without an adverse action (may or may not) file an appeal utilizing the grievance procedure?
A

May

Sergeant Study Group 2024 (7 decks)

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