HPM 10.8 Job Action Contingency Manual

Question 1

Are concerted job actions (strikes, work slowdowns, sick-outs, enforcement speedups, reduced attendance etc) authorized on a isolated or statewide basis?

Answer 1

No.

Question 2

Who is the OPI for job action related issues?

Answer 2

Office of Employee Relations (OER)

Question 3

What State Department needs to be immediately notified at the beginning of any job action related issues? Who needs to notify that Department?

Answer 3

CalHR. Office of Employee Relations (OER) Commander.

Question 4

What must CalHR be made aware of if job action related issues arise? What reports need to be completed and how often?

Answer 4

The who, what, where, when and why. OER needs to submit a Job Acton Status Report and deliver to CalHR daily. The Status Report details the nature of the job action, number of participants, number of reporting staff for duty by shift, statements attributed by strike leaders etc.

Question 5

True or False
OER should be given the opportunity to consult CalHR prior to any adverse actions relating to a job action including AWOL or rejections during probation.

Answer 5

True

Question 6

What is the Commander’s responsibility when an employee or employee group is actively promoting a concerted job action?

Answer 6

1 - Investigate and determine the nature, reason, who, what, when, where and why.
2 - Notify appropriate command levels.
3 - Coordinate with Division to minimize disruptive effect.
4 - Document activity of responsible parties (tape recordings, photographs, movies etc).
5 - Immediately initiate a system of review regarding work efforts or improper absences.

Question 7

When a concerted job action is occurring who jointly decide on the emergency application of the provisions governing sick leave, vacation, holidays, insurance, unpaid leaves of absences, overtime, salary administration etc?

Answer 7

CalHR, Office of the Commissioner and OER.

Question 8

What information needs to be detailed in a Job Action Status Report?

Answer 8

The who, what, when, where and why. The Status Report details the nature of the job action, number of participants, number of reporting staff for duty by shift, statements attributed by strike leaders etc.

Question 9

For determining a legal course of action upon direction of the Commissioner, who should OER consult with?

Answer 9

CalHR.

Question 10

Does the CHP have authority to enter into a written agreement to address labor / job action issues?

Answer 10

Not without prior delegation of authority by CalHR.

Question 11

True or False
The PROMPT RESOLUTION of grievances and other demands should not be lightly dismissed, as labor problems can often be presented through a mutual resolution of grievances

Answer 11

TRUE

Question 12

True or False
Employee grievances can be resolved through conscientious effort, hard work, and responsible decisions and actions.

Answer 12

TRUE

Question 13

True or False
The appropriate Assistant Commissioner shall ensure the Office of Community Outreach and Media Relations (COMR) is kept current to any internal strife problem.

Answer 13

TRUE

Question 14

Who prepares any/all news related releases regarding statewide concerted job actions?

Answer 14

COMR. COMR will prepare and coordinate with the Office of the Commissioner and OER prior to release.

Question 15

What should a operational plan regarding a concerted job action include?

Answer 15

The who, what, when, where and why along with a checklist to provide general guidance to the management team.

Question 16

True or False
In the event of a labor strife / concerted job action the Commander shall maintain a DAILY record of chronological events.

Answer 16

TRUE

Question 17

True or False
State Communications Network, and facilities shall not be used for employees to advocate or promote strikes, sick-outs, slowdowns or other concerted job actions.

Answer 17

TRUE

Question 18

Define a “Strike”

Answer 18

A “Strike” is a temporary stoppage of work or a concerted withdrawal from work by employees to express a grievance or focus attention upon demands affecting wages, hours, and/or other working conditions. This action may involve all or a significant segment of Departmental employees.

Question 19

True or False
If an employee fails to notify the Department they are striking, and fails to report for duty, they will be considered Absent Without Leave (AWOL)

Answer 19

TRUE

Question 20

Court restraining orders should be requested in the event of a strike. If the strike is statewide, who attempts to obtain a court order? If the strike is less than statewide (term is a “Wildcat Strike”), who attempts to obtain a court order?

Answer 20

Statewide - CalHR
Wildcat (Less than statewide) - Commander upon concurrence of Division and approval from the Office of the Comissioner.

Question 21

Who determines the course of action to be taken against those participating in a strike?

Answer 21

The Office of the Commissioner, OER and CalHR.

Question 22

If an employee who failed to report for duty is located/contacted and is determined there is no valid reason for absence, what should occur?

Answer 22

The employee should be issued a Order to Report/Return to Work letter.

Question 23

If an employee fails to report for work after being issed a Order to Report/Return to Work letter, who determines the next course of action?

Answer 23

Division consults with the Assistant Commissioner regarding the type of action to be taken and documentation.

Question 24

What is a “Sick-out”?

Answer 24

An organized effort to temporarily withhold services under the pretext of an employee illness or employee’s family member’s illness to affect a change in terms and conditions of employment. Sick-outs may involve all, or a significant segment of Departmental employees.

Question 25

What should a supervisor do if they suspect a Sick-out?

Answer 25

Notify employees they are required to obtain medical verification of their illnesses/injury, including a certification by a physician specifying the anticipated length of absence and any restrictions upon return to work. If conditions allow, the Supervisor should contact the physician/physician’s office to verify the reported illness. (Isn’t this a HIPPA issue though?)

Question 26

TRUE or FALSE
An employee be ordered back to work if they cannot support their alleged illness/injury?

Answer 26

TRUE

Question 27

TRUE or FALSE
If an employee cannot verify/fails to provide medical verification for an absence that employee’s salary SHALL be docked

Answer 27

TRUE

Question 28

Can an employee be subject to a mandatory physical evaluation? If so, what criteria must be met?

Answer 28

YES. The commander, with concurrence from Division and the appropriate Assistant Commissioner may order an employee for a mandatory physical examination to a doctor of the State’s choice as the expense of the State. (Authority G.C. 19253.5(a)/(b) and SPB Rule 172.3)

Question 29

Are religious beliefs a legal basis for refusal of a mandatory physical examination?

Answer 29

Not unless an existing affidavit with State Personnel Board is on file.

Question 30

What should be issued if an employee refuses to return to work after a mandatory physical examination? Or if an employee submitted to a mandatory physical examination and the physician could not substantiate the condition?

Answer 30

An Order to Report/Return to Work shall be issued to the employee in writing.

Question 31

What should Division be consulted about after an employee has returned to duty after a Sick-out?

Answer 31

The type of adverse action initiated if deemed appropriate per HPM 10.2

Question 32

What should occur if an employee refuses to report back to work as ordered?

Answer 32

Internal Affairs will coordinate with the Office of Employee Relations and CalHR to determine what action to pursue.

Question 33

What is a “Slowdown”?

Answer 33

An intentional temporary decrease of activity by employees to affect a change in the terms and conditions of employment. A Slowdown may involve all or a significant segment of Departmental Employees.

Question 34

What is the suggested action for a Commander in the event a Slowdown is suspected/anticipated or exists?

Answer 34

Notify Division personnel who will notify the appropriate Assistant Commissioner and Office of Employee Relations. The Commander will then call on-duty personnel into the office in an attempt to gain full participation of the employees, relating to the issues at hand and attempt to “sell” positive reasons why the employees should again perform their full duties.

Question 35

What should occur if a Commander’s positive approach to deterring or stopping a Slowdown fail?

Answer 35

Each employee suspected to be involved shall be interrogated by a supervisor. The employee will then be ordered both verbally and in writing, to resume their normal duties. The employee shall be required to acknowledge that he/she understands the instructions.

Question 36

Regularly scheduled checks, interrogations, submission of memorandums and recording of comments should establish the ________.

Answer 36

Circumstantial evidence of a concerted slowdown in a short period of time.

Question 37

What is an “Enforcement Speed Up”?

Answer 37

A concerted effort by sworn personnel to be overly strict in their enforcement efforts by taking inappropriate enforcement actions.

Question 38

Enforcement Speed Ups shall be dealt with in the same manner as _____________, with the exception that _____________.

Answer 38

Enforcement Slow Downs
Commander (after conferring with the District Attorney) may choose to void enforcement documents during an Enforcement Speed Up.

Question 39

If enforcement documents are voided during an Enforcement Speed Up, voiding of the citations shall be accomplished using HPM 100.9 with what 3 additional considerations?

Answer 39

1 - The original documents shall be retained as evidence.
2 - With concurrence from Division, the violator’s copy need NOT be retrieved.
3 - Violator will be notified of the Commander’s actions.

Question 40

What is “Picketing”?

Answer 40

Patrolling, usually near the place of employment, by members of an employment organization to publicize the existence of a dispute.

Question 41

What should be done if information is developed that an employee, or sympathizer ir picketing or otherwise disrupting normal business hours of a Departmental office or facility?

Answer 41

1 - Obtain as much information possible about the picketing and the situation.
2 - Notify the next level of command, Assistant Commissioner and OER.
3 - Document details of events.

Question 42

What are the 12 area/section roles during a concerted job action to continue the performance of essential services, safety of departmental personnel and the general public, and security and protection of Departmental facilities and property?

Answer 42

1 - Prioritize critical functions and property.
2 - Review contingency plan and update as needed.
3 - Determine necessity of cancellation of vacation / RDOs.
4 - 7 day workweek 12 hour shift schedules.
5 - Use OT and schedule adjustments.
6 - Review safety requirements.
7 - Discontinue nonessential services and reassignment.
8 - Utilize other personnel hired under the provisions for emergency appointments.
9 - Coordinate with local courts and the DA.
10 - Prepare communications plan / alternatives.
11 - Make assessment of any special hazards.
12 - Preparing check lists of reminders.

Question 43

During a Concerted Job Action the use of Allied Agencies as Mutual Aid Requests should only be considered as a _______________.

Answer 43

Last Resort. Consideration must be given to the fact that any mutual aid requests could be unsuccessful due to other law enforcement agencies’ refusal to be involved as strike breakers. Mutual Aid Requests during Concerted Job Actions SHALL be approved by the Office of the Comissioner.