9.1 - employee relations Flashcards
Who is responsible for developing, coordinating and administering employee relations policies and procedures for the Office of the Commissioner.
The Office of Employee Relations (OER)
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.
complete
unless
Misapplication or failure to enforce the terms of each contract could result in violations which are subject to the______________ procedures.
grievance and arbitration
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.
Should
Should
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.
State Employer-Employee Relations Act (SEERA), by Senator Ralph C. Dills.
Later changed to the Dills Act
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.
The Dills Act.
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.
- Weingarten rule
2. reasonably believes
An employee who is not designated as supervisory, managerial, confidential, or excluded under the Dills Act
represented employee or rank-and- file employee
If there is a conflict between departmental policy and the provisions of a negotiated contract, the contract _____ be controlling.
shall
____________ is the only organization which may represent employees in a bargaining unit in employment relations with the state.
exclusive representative
“_____________,” 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
Confidential employee
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
supervisory employee
Role of the supervisor
a. Link Between Employees and Management.
b. Member of the Manaqement Team.
c. Providing Feedback from Employees.
d. Authority of Supervisors.
e. Decision Making.
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.
A bona fide association
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.
shall
shall
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.
shall
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.
must
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.
must
shall
Access to a work location ____ be denied or delayed for reasons including safety, security, work load requirements, or other legitimate circumstances.
may
Where access is denied, reasonable alternatives ______ be provided to allow representatives an opportunity to communicate with employees
should
a. A recognized employee organization may use existing employee organization bulletin boards to post information or materials concerning the following subjects:
(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.
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.
dated and initialed
If doubt exists as to the propriety of material posted, _____ should be consulted before removal.
OER
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 __________
shall
CHP 610, Representation Reporting,
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.
- vehicles, internal mail systems
- Reproduction Equipment, Facsimile Machines, e. Electronic Communications Systems
- Audio-Visual Equipment.
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.
are
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.
voluntarily
An employee who is representing themself in a grievance or complaint _______ have the right to state release time for preparation.
does not
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.
four hours
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.
four hours
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 _____
CHP 610, Representation Reporting,
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.
12
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.
confidentially
A represented employee grievance alleges :
a violation of the contract
The complaint procedure for represented employees settles:
disputes over policy or procedures.
Normally, a grievance/complaint progresses through the following levels:
(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.
The first step to initiate the grievance/complaint procedure is an informal discussion between the employee and the employee’s:
immediate supervisor
A grievance or complaint should be filed on either a _________ or a ____________ .
- CHP 94, Employee Grievance/Complaint;
2. STD 630, Employee Contract Grievance; or union equivalent.
A ________ is a third-party settlement of disputes between groups or individuals outside a court of law
Arbitration
grievances should be settled whenever __________ possible to avoid the cost and uncertainty of arbitration.
reasonably
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.
meet-and-confer
What is the state agency responsible for enforcing the collective bargaining law covering employees in state civil service.
Public Employment Relations Board(PERB)
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.
separate
Meet and Confer differs significantly for negotiations with represented employees in that there is ____ requirement to reach agreement on proposals.
NO
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
1982 Robert White vs. County of Sacramento
AKA: the white decision
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.
articulable
must
