9.1 Employee Relations

Question 1

What can an employee do with adverse action regarding a grievance process?

Answer 1

File a written appeal to the State Personnel Board.

Question 2

Is removal due to operational necessity appealable?

Answer 2

No, removal as a result of operational necessity is not appealable.

Question 3

What are the key components of an arbitration hearing as handled by CalHR?

Answer 3

Opening statement, presentation of witnesses, closing argument, decision based on fairness/ reasonableness.

Question 4

When must a department give notice regarding changes in working conditions?

Answer 4

• Departmental notice is required for changes in working conditions.

Question 5

What does the Sunshine Provision, as per the Dills Act, require?

Answer 5

All initial bargaining proposals and counterproposals to be presented at public hearings.

Question 6

Who is responsible for enforcing collective bargaining laws for employees related to unfair labor practices?

Answer 6

• The Public Employment Relations Board (PERB).

Question 7

What are some remedies imposed on parties committing unfair labor practices?

Answer 7

• Cease and desist, post written notice, reinstate employee, issue back pay.

Question 8

What does the term ‘for cause’ mean regarding the removal of employees from specialty pay?

Answer 8

• An articulable reason why an employee cannot continue to perform in a specialty capacity.

Question 9

Who has representational rights under the Dills Act, and who does not?

Answer 9

Rank and file have rights, while managerial employees do not.

Question 10

How many levels are there for excluded employees to file a formal grievance?

Answer 10

There are four levels for excluded employees to file a formal grievance.

Question 11

What is the deadline for filing a formal grievance at Level 1 for an excluded employee?

Answer 11

The deadline for filing a formal grievance at Level 1 is within 10 days after the event.

Question 12

At Level 2, how many work days does an employee have to appeal after the response?

Answer 12

• At Level 2, an employee has 10 work days to appeal after the response.

Question 13

If an excluded employee’s commander cannot act on a grievance, who is responsible for appealing at the next level?

Answer 13

The employee is responsible for appealing at the next level if the commander cannot act.

Question 14

What is the purpose of arbitration as described in the notes?

Answer 14

Arbitration provides a safety valve, settles disputes, clarifies contracts, and is an outlet for tension.

Question 15

Who makes the final decision in arbitration, and what is it called?

Answer 15

The arbitrator makes the final decision in arbitration, and it is called an award.

Question 16

What is the main difference between interest arbitration and rights/grievance arbitration?

Answer 16

Interest arbitration settles impasses, while rights/grievance arbitration settles contract disputes.

Question 17

What happens if an excluded employee fails to specify the violation in their grievance?

Answer 17

Failure to specify the violation may cause denial of the grievance.

Question 18

What is the purpose of the Employee Relations Program?

Answer 18

• To encourage harmonious relations, establish procedures for conflict resolution, and increase understanding of rights and responsibilities.

Question 19

Who is responsible for developing, coordinating, and administering employee relations policy within CHP?

Answer 19

The Office of Employee Relations (OER).

Question 20

What is the role of OER in representing the department in various bargaining units?

Answer 20

Negotiating for bargaining units 4, 5, 7, and 12.

Question 21

What does the acronym MOU stand for in the context of contract administrations?

Answer 21

• Memorandum of Understanding.

Question 22

Can contracts be changed without mutual agreement between the Department and exclusive representatives?

Answer 22

• No, changes require mutual agreement except for changes for operational necessity with meet and confer process followed.

Question 23

Where can bargaining unit contracts be accessed?

Answer 23

Contracts can be accessed on the CHP intranet under the OER webpage and also on CalHR’s website.

Question 24

What are Contract Interpretations (CI) and where can they be found?

Answer 24

CI’s are management’s interpretation of contracts and can be found on the CHP intranet on the OER webpage.

Question 25

What is the Dills Act and when did it become effective?

Answer 25

The Dills Act governs collective bargaining for represented employees of California; became effective July 1, 1978.

Question 26

Who sponsored the State Employer-Employee Relations Act (SEERA), which later became the Dills Act?

Answer 26

The California State Employees Association (CSEA).

Question 27

What does the Dills Act require regarding negotiations between the State and employee representatives?

Answer 27

Negotiations must cover wages, hours, and other terms of employment and must be done in good faith.

Question 28

Where can organizational literature be distributed?

Answer 28

Before/after work, during breaks in non-working areas like break rooms or cafeterias.

Question 29

Can employee mailboxes be used for distributing organizational literature?

Answer 29

Yes.

Question 30

Under what conditions can employee organizations have access to State phones?

Answer 30

- When there are no toll charges or interference with department operations.

Question 31

s the use of State vehicles allowed during representational or employee organizational business?

Answer 31

No.

Question 32

Can the Department's internal mail system be used for employee organizational business?

Answer 32

No, except for correspondence marked "Personal and Confidential."

Question 33

When can union reps use copiers?

Answer 33

Reasonably/occasionally as long as it doesn't result in additional costs or interfere with operations.

Question 34

Are state facilities available for employee organizations and exclusive representatives to use?

Answer 34

Yes, subject to operational needs and with approval from the Commander/designee.

Question 35

What is the primary consideration when approving release time?

Answer 35

The needs of the Command.

Question 36

What is State Release Time used for?

Answer 36

For representational purposes permitted by contract or policy.

Question 37

What is Contributory Time Bank?

Answer 37

Leave credits contributed by employees for use by organization representatives.

Question 38

Who can grant or deny a request for State release time?

Answer 38

The employee's supervisor.

Question 39

For what purposes can State release time be used during work hours?

Answer 39

For grievance/complaint representation.

Question 40

What is the intent of the policy for using State release time for grievances/ complaints?

Answer 40

To provide for only one representative at a time per issue.

Question 41

Can transportation expenses and overtime be authorized with State release time?

Answer 41

No.

Question 42

What is the purpose of a grievance/complaint procedure?

Answer 42

A means to raise and process claims alleging contract/policy violations.

Question 43

What is the difference between a grievance and a complaint procedure for represented employees?

Answer 43

Grievance: Alleges contract violation. Complaint: Settles disputes over policy/procedures.

Question 44

What are the five levels in the grievance/complaint process?

Answer 44

Informal, Level 1 (Area Commander), Level 2 (Division Commander), Level 3 (Office of the Commissioner), Level 4 (CalHR).

Question 45

What is the importance of confidentiality during a grievance process?

Answer 45

All employees have the right to confidentiality for a fair resolution.

Question 46

How should a formal grievance/complaint be documented?

Answer 46

File on CHP 94/STD 630, state alleged violation, problem statement, proposed remedy.

Question 47

What should be included in the management's response to a formal grievance/complaint?

Answer 47

Introduction, management's position with facts/history, decision with reason.

Question 48

What are some management rights under the Act?

Answer 48

Rights include directing work, hiring, disciplining employees, and carrying out responsibilities.

Question 49

What are the restrictions on management rights?

Answer 49

Management authority is not absolute and is directed by laws and rules.

Question 50

What is the role of a supervisor?

Answer 50

Supervisor acts as a link between employees and management, providing feedback and making decisions.

Question 51

What access is permitted for employee organizations at work locations?

Answer 51

Reasonable access for officials and designated representatives with approval.

Question 52

What subjects can be posted on bulletin boards by recognized organizations?

Answer 52

Notices/results of meetings, elections, events, and other official business.

Question 53

When may employees conduct employee organization business during working hours?

Answer 53

Employees should NOT conduct such activities during assigned working hours.

Question 54

What are considered as non-working hours for employees?

Answer 54

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

Question 55

What is the guideline for solicitation and distribution of employee organization literature?

Answer 55

Employee reps are allowed to solicit and distribute literature.

Question 56

When filing a grievance or complaint, what must have occurred before submission?

Answer 56

Management must have taken some action.

Question 57

Can an allegation be filed on suspicion?

Answer 57

No, the allegation cannot be filed on suspicion.

Question 58

What are the consequences of an untimely grievance/complaint submission?

Answer 58

It may be accepted but could be denied for untimeliness.

Question 59

Who is responsible for moving the grievance/complaint forward?

Answer 59

The employee is responsible for moving the grievance/complaint.

Question 60

How long after issuance should the copy of a complaint be forwarded to Division and OER for step 1?

Answer 60

Within 5 working days after issuing the response.

Question 61

What is the retention period for grievance records at affected command levels?

Answer 61

3 years following final action.

Question 62

Should inactive grievance/complaint records be forwarded to a new command during employee transfers?

Answer 62

No, inactive records should not be forwarded.

Question 63

What rights do represented employees have under the Dills Act?

Answer 63

Right to be represented on issues regarding wages, hours, and employment conditions.

Question 64

What is the Weingarten rule?

Answer 64

The right of an employee to be represented at an investigatory interview.

Question 65

Who is designated as represented employees (Unit 5 employees)?

Answer 65

Employees who are not supervisors or managers of confidential employees.

Question 66

In case of a conflict, what takes precedence - departmental policy or a negotiated contract?

Answer 66

The negotiated contract shall be controlling.

Question 67

What limited rights are provided for supervisory employees?

Answer 67

They can form employee organizations, refuse to join, represent themselves, and associate with represented employees.

Question 68

What are the rights of excluded employees under the Dills Act?

Answer 68

Right to be represented in employment relations and grievances.

Question 69

What are the rights of supervisory employees under the Dills Act?

Answer 69

Limited rights to form employee organizations, refuse to join, and use grievance procedures.