9.1 Employee Relations Manuel Flashcards
Dills Act
- covers all civil service employees
- grants specific rights only to represented employees
- requires state and exclusive representatives to negotiate in good faith terms of employment
- contains criteria classifications for bargaining units
- defines unfair labor practices
- contains impasse procedures and public disclosure of bargaining proposals
The department employs represented employees in ______ of 21 bargaining units
12
When an employee representative is acting in capacity l, they are on ______ ground with management
Equal
A representative desiring access to work location must…
State purpose and request approval from the locations commander or designee with reasonable amount of time prior to intended visit
Reasons for access to work location being denied?
Safety, security, workload requirements, or other legitimate circumstances
Employees _____ not conduct or participate in employee organization business activities during assigned work hours
SHALL
Non working hours are?
Employees own time or non working hours such as lunch periods, rest breaks, and time before/after work
State vehicles _____ not be used for transportation by employees/employee organization reps while participating in representational or organization business
SHALL
Use of states and departments internal mail system for distribution of employees organization business is…
Not permitted
Off site meetings:
State release time SHALL not be authorized for an employee to leave work to meet with an organization rep for rep matter
Transportation expenses are…
Not authorized for rep activities nor employee organization business
Does Overtime qualify for time spent on employee reps on rep activities?
Does not qualify for or result in overtime compensation
Excluded employees _____ not participate in handling of grievances on behalf of non excluded employees
SHALL
Supervisor is responsible for ensuring a CHP ____ is completed for each representational activity
610
Release time (Beat 834) SHALL be allowed up to…
8 hours per incident, per involved employee, for a CAHP rep to assist an employee at OIS incident
What is the grievance/complaint procedure?
Orderly method by which employee and/or employee organization confidentiality raise and process claim alleging violation of contract/policy
Examples of represented employee grievances are:
- denial of representation during grievance procedure
- denial of overtime compensation provided by contract
- annual performance evaluations
Examples of represented employee complaints are:
- allegation an officer must work graveyard shift alone
- denial of hardship transfer
Grievance/complaint process: informal level is?
Level requires an informal discussion between immediate supervisor and grievance/complainant and/or their rep
Grievance/complaint process level 1 is?
Area/section commander. immediate supervisor is also area or section commander SHALL be filed at level 2
Grievance/complaint process level 2 is?
Division commander. Immediate supervisor is also division commander SHALL be filed at level 3
Grievance/complaint process level 3 is?
Office of the commissioner. This is the last level of appeal for represented employee complaints
Grievance/complaint process level 4 is?
Director of California dept of Human Resources. This is the last level of appeal for excluded employee grievances
Elements of a formal grievance m/complaint?
A) alleged violation - specific provision or policy violated
B) statement of the problem
C) proposed remedy
Response to a formal grievance/complaint should be concise and include the following:
Introduction, management position, and decision
Tips: Avoid redundancy, identify violation, conduct comprehensive investigation, do not respond to expanded allegations
Grievance complaint form?
CHP 94, employee grievance/complaint
STD 630, employee contract grievance; or union equivalent
Processing a grievance/complaint step 1 is?
All pertinent documentation necessary SHALL b forwarded to respective division and OER within 5 workday days after issuance of response
Processing a grievance/complaint step 2 is?
2nd level of respond and All pertinent documentation SHALL be forwarded to affected command and OER within 5 working days of after issuance
Processing grievance/complaint step 3 is?
OER will forward copy of 3rd level appeal to affected commands within 3 working days after receipt. Copy of departmental response will be forwarded to affected command within 3 working days after issuance
Processing complaint/grievance step 4 is?
CalHR sends dept a copy of response to a level 4 appeal. OER will provide copies of level 4 response to affected command within 3 working days after receipt
Grievance records SHALL be retained at affected command for period of?
3 years following date of final action
Complaint records SHALL be retained in affected command for a period of?
1 year following the date of final action
Headquarters central files SHALL retain grievance records for a period of?
5 years following date of final action and complaint records for a period of 3 years following date of final action
Meet and confer involves?
CAHP rep and area/section/division commander only. Officer involved may or may not participate at commanders discretion
What are unfair labor practices?
Actions or inactions by employer or exclusive rep which violate rights guaranteed by Dills Act
Prior to removing an employee for cause from any specialty pay position, approval must be obtained from?
Appropriate assistant commissioner through channels
Represented employees removed for cause from specialty pay position without adverse action may file appeal utilizing…
The grievance procedure contained in the appropriate contract
Employees who have been removed for cause and served with an adverse action may file a written appeal to?
State personnel board
Removal as a result of an preparation necessity, such as a reduction or elimination of motorcycles or aircraft…
Is it appealable
