General Orders and 9.1 Flashcards
The mission of the Highway Patrol is to provide the highest level of safety, service, and security to the people of California. This is accomplished through 4 departmental goals:
- Protect life and property
- Enhance public trust through superior service
- Invest in our people
- Anticipate public safety and law enforcement trends and provide assistance to allied agencies
To accomplish our mission, we are committed to the following organizational values:
- Respect for others.
- Fairness.
- Ethical practices.
- Equitable treatment for all.
Management Philosophies: These 5 concepts guide the Department’s overall philosophy of enhancing public Safety, Service, and Security through a participative management program:
Public Responsibility
Leadership and Innovation
Organizational Development
Personnel Development
Command Accountability
CHP PRIDE - Stands for
Courage, Honesty, Professionalism, Principles, Respect, Integrity, Dedication,
Esprit De Corps
Ralph C. Dills Act: 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.
Basic Elements of the Dills Act:
(a) Covers all civil service employees,
(b) Grants specific rights only to represented employees,
(c) Requires the state and exclusive representatives to negotiate in good faith on wages, hours, and other terms and conditions of employment,
(d) Provides for exclusive representation for represented employees,
(f) Defines unfair labor practices by management and exclusive representatives,
(g) Contains provisions for impasse procedures and public disclosure of bargaining proposals.
What is Weingarten case?
The Weingarten case established the right of a bargaining unit employee to be assisted by a union representative at an investigatory interview when the employee reasonably believes disciplinary action may result from the interview.
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 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
Contributary Time Banks must be donated in what increments?
Contributions must be in one hour increments, except for holiday credits which must be in eight hour increments. Sick leave credits may not be donated. Once a donation is made, it is irrevocable.
Initiation of Grievance/Complaint Procedure:
(1) Informal Level - Informal discussion between the immediate supervisor and grievant/complainant and/or their representative.
(2) Level 1 - Area/section commander. When 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. When 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
Processing a Grievance/Complaint:
(1) Step 1. A copy of the formal grievance/complaint, the first level response, and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the respective Division and the Office of Employee Relations (OER) within five working days after issuance of the response.
(2) Step 2. A copy of the grievance/complaint, the second level response and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the affected command and OER within five working days after issuance of the response.
(3) Step 3. Upon appeal to the third level, OER will forward a copy of the third level appeal to the affected commands within three working days after receipt. A copy of the departmental response will be forwarded to the affected commands within three working days after issuance.
(4) Step 4. California Department of Human Resources (CalHR) sends the Department a copy of the response to a Level 4 appeal.
Retention of Grievance Records and Complaint Records:
(1) Grievance records shall be retained at the affected command for a period of three years following the date of the final action.
(2) Complaint records shall be retained in the affected command for a period of one year following the date of the final action.
Formal Grievance levels and process:
Level 1.
(1) If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be filed no later than: (a) Ten work days after the event or circumstances occasioning the grievance, or (b) Within five work days of the decision rendered in the informal grievance procedure, whichever is later.
(2) Within ten work days after receipt of the formal grievance, the person designated by the Department head as the first level of appeal shall respond in writing to the grievance.
Level 2.
(1) If the grievant is not satisfied with the decision rendered at Level 1, the grievant may appeal the decision within ten work days after receipt of the response to the person designated by the Department head as the second level of appeal. If the appointing authority or designee is the first level of appeal, the grievant may bypass Level 2.
(2) Within fifteen work days after receipt of the appealed grievance, the person designated by the Department head as the second level of appeal shall respond in writing to the grievance.
Level 3.
(1) If the grievant is not satisfied with the decision rendered at Level 2, the grievant may appeal the decision within ten work days to the Department head or designee. If the appointing authority or designee is the second level of
appeal, the grievant may bypass Level 3.
(2) Within fifteen work days after receipt of the appealed grievance, the person designated by the Department head as the third level of appeal shall respond in writing to the grievance.
Level 4.
(1) If the grievant is not satisfied with the decision rendered at Level 3, the grievant may appeal the decision within ten work days to the Director of CalHR or their designee. This is the final step of the excluded employee appeal
procedure.
(2) Within twenty work days, the Director of CalHR or their designee shall respond in writing to the grievance.
Arbitration is a third-party settlement of disputes between groups or individuals outside a court of law. What is its purpose?
Arbitration performs many functions:
a. Provides a safety valve beyond the normal grievance procedure.
b. Settles disputes without resorting to strikes or other disruptive job actions.
c. Clarifies contracts or tests their application.
Commander’s Responsibility with Meet and Confer? There are 4 of them.
(1) Prior to the effective date of the change, except in emergency situations, a memorandum identifying the proposed change, the affected employees, and the planned implementation date shall be given to the designated employee representative, or their alternate. For changes affecting nonuniformed employees, the commander shall forward a memorandum to OER regardless of whether the location has a designated representative assigned.
(2) The designated employee representative and/or organization shall receive notification as required by the specific bargaining unit agreement prior to the implementation date of the proposed change.
(3) The union may request a meet-and-confer to discuss the impact of the pending change.
(4) Copies of the proposed change and notice shall be forwarded to OER, through the appropriate channels. Commanders shall retain comments, suggestions, etc., received from the employee representative and the affected employees, for a period of six months from the effective date of the proposed change.
As a sound management practice, and in the interest of good labor management relations, commanders contemplating a change within existing policy that has an impact on terms and conditions of employment shall comply with the following procedures:
(1) Prior to the effective date of the change, except in emergency situations, a memorandum, electronic mail (e-mail), or telephone notification identifying the proposed change, affected supervisory employees and planned implementation date shall be given to the designated supervisory representative, or supervisory organization. A copy of the notice or a follow up e-mail shall also be provided to OER.
(2) The designated supervisory representative and/or supervisory organization shall receive reasonable advance notice prior to the implementation date of the proposed change.
(3) The designated supervisory representative and/or supervisory organization may request a meet-and-confer to discuss the impact of the pending change.
(4) During the meet-and-confer the employer shall consider, as fully as it deems reasonable, such presentations as are made by the verified supervisory representative, or supervisory organization on behalf of its supervisory members, prior to arriving at a determination of policy or course of action.
