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My Test Study > 9.1 Employee Relations > Flashcards

9.1 Employee Relations Flashcards

1
Q

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

A

File a written appeal to the State Personnel Board.

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2
Q

Is removal due to operational necessity appealable?

A

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

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3
Q

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

A

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

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4
Q

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

A
  • Departmental notice is required for changes in working conditions.
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5
Q

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

A

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

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6
Q

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

A
  • The Public Employment Relations Board (PERB).
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7
Q

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

A
  • Cease and desist, post written notice, reinstate employee, issue back pay.
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8
Q

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

A
  • An articulable reason why an employee cannot continue to perform in a specialty capacity.
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9
Q

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

A

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

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10
Q

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

A

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

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11
Q

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

A

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

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12
Q

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

A
  • At Level 2, an employee has 10 work days to appeal after the response.
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13
Q

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

A

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

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14
Q

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

A

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

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15
Q

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

A

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

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16
Q

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

A

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

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17
Q

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

A

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

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18
Q

What is the purpose of the Employee Relations Program?

A
  • To encourage harmonious relations, establish procedures for conflict resolution, and increase understanding of rights and responsibilities.
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19
Q

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

A

The Office of Employee Relations (OER).

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20
Q

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

A

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

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21
Q

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

A
  • Memorandum of Understanding.
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22
Q

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

A
  • No, changes require mutual agreement except for changes for operational necessity with meet and confer process followed.
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23
Q

Where can bargaining unit contracts be accessed?

A

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

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24
Q

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

A

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

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25
Q

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

A

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

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26
Q

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

A

The California State Employees Association (CSEA).

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27
Q

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

A

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

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28
Q

Where can organizational literature be distributed?

A

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

29
Q

Can employee mailboxes be used for distributing organizational literature?

A

Yes.

30
Q

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

A
  • When there are no toll charges or interference with department operations.
31
Q

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

A

No.

32
Q

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

A

No, except for correspondence marked “Personal and Confidential.”

33
Q

When can union reps use copiers?

A

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

34
Q

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

A

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

35
Q

What is the primary consideration when approving release time?

A

The needs of the Command.

36
Q

What is State Release Time used for?

A

For representational purposes permitted by contract or policy.

37
Q

What is Contributory Time Bank?

A

Leave credits contributed by employees for use by organization representatives.

38
Q

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

A

The employee’s supervisor.

39
Q

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

A

For grievance/complaint representation.

40
Q

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

A

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

41
Q

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

A

No.

42
Q

What is the purpose of a grievance/complaint procedure?

A

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

43
Q

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

A

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

44
Q

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

A

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

45
Q

What is the importance of confidentiality during a grievance process?

A

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

46
Q

How should a formal grievance/complaint be documented?

A

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

47
Q

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

A

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

48
Q

What are some management rights under the Act?

A

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

49
Q

What are the restrictions on management rights?

A

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

50
Q

What is the role of a supervisor?

A

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

51
Q

What access is permitted for employee organizations at work locations?

A

Reasonable access for officials and designated representatives with approval.

52
Q

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

A

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

53
Q

When may employees conduct employee organization business during working hours?

A

Employees should NOT conduct such activities during assigned working hours.

54
Q

What are considered as non-working hours for employees?

A

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

55
Q

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

A

Employee reps are allowed to solicit and distribute literature.

56
Q

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

A

Management must have taken some action.

57
Q

Can an allegation be filed on suspicion?

A

No, the allegation cannot be filed on suspicion.

58
Q

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

A

It may be accepted but could be denied for untimeliness.

59
Q

Who is responsible for moving the grievance/complaint forward?

A

The employee is responsible for moving the grievance/complaint.

60
Q

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

A

Within 5 working days after issuing the response.

61
Q

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

A

3 years following final action.

62
Q

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

A

No, inactive records should not be forwarded.

63
Q

What rights do represented employees have under the Dills Act?

A

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

64
Q

What is the Weingarten rule?

A

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

65
Q

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

A

Employees who are not supervisors or managers of confidential employees.

66
Q

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

A

The negotiated contract shall be controlling.

67
Q

What limited rights are provided for supervisory employees?

A

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

68
Q

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

A

Right to be represented in employment relations and grievances.

69
Q

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

A

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

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