9.1 - employee relations

Question 1

Who is responsible for developing, coordinating and administering employee relations policies and procedures for the Office of the Commissioner.

Answer 1

The Office of Employee Relations (OER)

Question 2

Each contract states that the contract is ______ and each party waives its right to bargain for the remainder of the contract term ______ there is a mutual agreement to reopen negotiations.

Answer 2

complete

unless

Question 3

Misapplication or failure to enforce the terms of each contract could result in violations which are subject to the______________ procedures.

Answer 3

grievance and arbitration

Question 4

e. Each headquarters and Field command ______ maintain a library of all current contract interpretations (Cls), filed adjacent to the contracts. The Cls ______ be referenced to ensure the consistent interpretation and application of the negotiated language.

Answer 4

Should

Should

Question 5

Under this law, elected representatives of represented employees are recognized and deal as equals with the employer in determining wages, hours, and other terms and conditions of employment.

Answer 5

State Employer-Employee Relations Act (SEERA), by Senator Ralph C. Dills.

Later changed to the Dills Act

Question 6

Under which Act are represented employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.

Answer 6

The Dills Act.

Question 7

This rule established the right of a bargaining unit employee to be assisted by a union representative at an investigatory interview to which the employee has been summoned by management, when the employee __________ disciplinary action may result from the interview.

Answer 7

1. Weingarten rule

2. reasonably believes

Question 8

An employee who is not designated as supervisory, managerial, confidential, or excluded under the Dills Act

Answer 8

represented employee or rank-and- file employee

Question 9

If there is a conflict between departmental policy and the provisions of a negotiated contract, the contract _____ be controlling.

Answer 9

shall

Question 10

____________ is the only organization which may represent employees in a bargaining unit in employment relations with the state.

Answer 10

exclusive representative

Question 11

“_____________,” as defined by the Dills Act, means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management bargaining positions

Answer 11

Confidential employee

Question 12

A ___________ is defined as any individual, regardless of the job description or title, having authority in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees

Answer 12

supervisory employee

Question 13

Role of the supervisor

Answer 13

a. Link Between Employees and Management.
b. Member of the Manaqement Team.
c. Providing Feedback from Employees.
d. Authority of Supervisors.
e. Decision Making.

Question 14

an organization of employees and former employees of the state, including affirmative action advocacy groups and professional organizations, that do not have as one of their purposes the representation of employees in their relations with the state.

Answer 14

A bona fide association

Question 15

A bona fide association registered with CaIHR ______ be accorded fair and equitable treatment by the state employer. Reasonable access to work locations shall be provided to bona fide associations. An association representative _____ not enter a work location without the consent of the commander.

Answer 15

shall

shall

Question 16

Officials and designated representatives of recognized employee organizations, including supervisory organizations, ______ be permitted reasonable access to work locations to meet with departmental employees on representational matters.

Answer 16

shall

Question 17

A representative desiring access to a work location _____ state the purpose and request approval from that location’s commander or designee within a reasonable amount of time prior to an intended visit.

Answer 17

must

Question 18

A representative _____ also obtain permission from their immediate supervisor to engage, during working hours, in business relating to representational matters. Permission to engage in such activity _____ be granted promptly unless such absence would interfere with efficient operations. If permission is denied, an alternate time will be arranged.

Answer 18

must

shall

Question 19

Access to a work location ____ be denied or delayed for reasons including safety, security, work load requirements, or other legitimate circumstances.

Answer 19

may

Question 20

Where access is denied, reasonable alternatives ______ be provided to allow representatives an opportunity to communicate with employees

Answer 20

should

Question 21

a. A recognized employee organization may use existing employee organization bulletin boards to post information or materials concerning the following subjects:

Answer 21

(1) Notices and results of any official organization committee or meeting.
(2) Notices of organization elections and their results.
(3) Notices of organization recreational and social events.
(4) Notices of other official organization business.

Question 22

b. Any materials posted shall be _________ by the organization representative, and a copy of all materials posted shall be provided to the commander or their designee at the time of posting.

Answer 22

dated and initialed

Question 23

If doubt exists as to the propriety of material posted, _____ should be consulted before removal.

Answer 23

OER

Question 24

Upon request, an employee representative ____ have access, without cost, to state telephones for conducting employee relations business provided the use does not result in toll charges or interfere with the operation of the facility or office. Time expended utilizing state telephones for representational purposes on release time shall be recorded on a __________

Answer 24

shall

CHP 610, Representation Reporting,

Question 25

employee organization representatives shall not be allowed to use _______, shall be permitted to use ______, and may use ___________. Use of state equipment or the time used for activities permitted in this section shall be subject to prior notification and approval by the employee’s immediate supervisor.

Answer 25

1. vehicles, internal mail systems
2. Reproduction Equipment, Facsimile Machines, e. Electronic Communications Systems
3. Audio-Visual Equipment.

Question 26

Employee organizations and/or associations-exclusive representatives, supervisory and excluded employee organizations, and bona fide associations _____ permitted the use of state facilities for organization meetings, subject to certain requirements.

Answer 26

are

Question 27

Employees attending employee organization meetings shall do so ________ and shall attend on their own time unless their absence is being underwritten by a negotiated release time bank, Contributory Time Bank (CTB), or union paid leave.

Answer 27

voluntarily

Question 28

An employee who is representing themself in a grievance or complaint _______ have the right to state release time for preparation.

Answer 28

does not

Question 29

Upon the request of a supervisory employee, up to ______ of state release time to assist the employee on an excluded employee grievance at each level of the appeal procedure.

Answer 29

four hours

Question 30

Normally, up to a maximum of______ may be authorized to prepare and present a grievance/complaint at the informal level and each formal appeal level in the grievance and appeal procedures.

Answer 30

four hours

Question 31

To utilize time from the contributory bank, an authorized employee must provide reasonable advance notice of their request to the supervisor. If approved, the employee shall complete a _____

Answer 31

CHP 610, Representation Reporting,

Question 32

Request for union leave shall be retained at the command level for ______ months from the date of the request, and for three years in the OER.

Answer 32

12

Question 33

The grievance/complaint procedure is the problem-solving mechanism between the state and its employees. It is the orderly method by which an employee and/or employee organization __________ raise and process a claim alleging a violation of the contract or policy.

Answer 33

confidentially

Question 34

A represented employee grievance alleges :

Answer 34

a violation of the contract

Question 35

The complaint procedure for represented employees settles:

Answer 35

disputes over policy or procedures.

Question 36

Normally, a grievance/complaint progresses through the following levels:

Answer 36

(1) Informal Level. This level requires an informal discussion between the immediate supervisor and grievant/complainant and/or their representative.
(2) Level 1. Area/section commander. In those cases where the employee’s immediate supervisor is also the Area or section commander, the formal grievance/complaint shall initially be filed at Level 2.

(3) Level 2. Division commander. In those cases where the employee’s immediate supervisor is also the Division commander, the formal grievance/complaint shall initially be filed at Level 3.
(4) Level 3. Office of the Commissioner. This is the last level of appeal for represented employee complaints.

(5) Level 4. Director of the California Department of Human Resources. This is the last level of appeal for excluded employee grievances.

Question 37

The first step to initiate the grievance/complaint procedure is an informal discussion between the employee and the employee’s:

Answer 37

immediate supervisor

Question 38

A grievance or complaint should be filed on either a _________ or a ____________ .

Answer 38

1. CHP 94, Employee Grievance/Complaint;

2. STD 630, Employee Contract Grievance; or union equivalent.

Question 39

A ________ is a third-party settlement of disputes between groups or individuals outside a court of law

Answer 39

Arbitration

Question 40

grievances should be settled whenever __________ possible to avoid the cost and uncertainty of arbitration.

Answer 40

reasonably

Question 41

specific to Bargaining Unit 5,a commander is obligated to __________ with a California Association of Highway Patrolmen (CAHP) representative over the findings of a citizen’s complaint investigation or regarding any comment on performance documents. IF REQUESTED.

Answer 41

meet-and-confer

Question 42

What is the state agency responsible for enforcing the collective bargaining law covering employees in state civil service.

Answer 42

Public Employment Relations Board(PERB)

Question 43

Although an integral part of the management team, supervisors are not restricted in their representational rights under the Dills Act; however, supervisory issues are totally _____ from those of rank-and-file employees.

Answer 43

separate

Question 44

Meet and Confer differs significantly for negotiations with represented employees in that there is ____ requirement to reach agreement on proposals.

Answer 44

NO

Question 45

There are times when it is necessary and appropriate to remove an employee from a particular assignment. Some assignments have specialty pays attached to them. When the removal involves one of these specialty pay positions, it cannot be made arbitrarily but must be done only when there is legitimate cause to take such action. This restriction is the result of the

Answer 45

1982 Robert White vs. County of Sacramento

AKA: the white decision

Question 46

Cause is defined as an ______ reason an employee cannot continue to perform in the specialty pay assignment safely and/or effectively. Management _____ be able to show that there is something about the employee’s performance/conduct which has a direct relationship to the employee’s ability to perform that particular skilled assignment.

Answer 46

articulable

must