HPM 9.1 Flashcards
Arbitration is an extension of collective bargaining as practiced in the United States. The purpose of collective bargaining, in part, is the resolution of __________between employers and employees over the terms and conditions of employment.
differences
_______ _________. This type of arbitration occurs when negotiations have come to an impasse. An arbitrator is called in to resolve the issue. The Ralph C.Dills Act does not mandate interest arbitration in California.
Interest Arbitration
_______/_______ __________. Arbitration is used most commonly to settle disputes between parties of a contract as to its application or interpretation. Since such arbitration consists of determining the rights of a party to a contract, it is referred to as “rights” or more often, as “grievance” arbitration. The right to arbitration as the final step in the grievance procedure is subject to negotiations. All bargaining unit contracts administered by the Department contain a grievance arbitration provision.
Rights/Grievance Arbitration
_______- __________. These processes involve efforts by a third party to bring the parties to an agreement on their own. The mediator or conciliator has no power to enforce a settlement, since the parties did not agree, prior to their
entrance, to accept the third party’s conclusions.
Mediation and Conciliation
When the exclusive representative has the burden of proof, management ___ make its opening statement after the exclusive representative, or ___ reserve its opening statement until after the exclusive representative has completed putting on its evidence.
May/May
Every witness is subject to cross-examination by the opposing party. Among the purposes of cross-examination are disclosing facts the witnesses may not have related in direct testimony, correcting misstatements, placing facts in their “____” perspective, reconciling apparent contradictions, and attacking the credibility of adverse witnesses.
“True”
Closing Argument. Both parties have the right to make a closing argument to the arbitrator, either ______- __ __ ________. This is management’s opportunity tore focus the arbitrator’s thinking back to the important points presented through evidence, and also point out the irrelevancies in the exclusive representative’s argument.
Orally or in writing
After the presentation of evidence and arguments, the arbitrator makes a decision which is final and __________ on both parties.
Binding
9) The jurisdiction of the __________ is usually defined in the contract; the matters on which they may rule, meaning or intent of the parties, application, interpretation, and the nature of the ruling. Usually excluded from the authority of the __________ are additions, deletions or modifications of the contract.
Arbitrator
The ability to interpret the language contained in the contract is essential to the __________ in day-to-day administration of the contract. Questions regarding what was meant by the words used in the contract will be decided through the negotiated grievance procedure.
supervisor
The ability to interpret the language contained in the contract is essential to the __________ in day-to-day administration of the contract. Questions regarding what was meant by the words used in the contract will be decided through the negotiated grievance procedure.
Management
Public Disclosure Requirement. The ______ __ ________ Act (_______ Act) contains a public disclosure clause that requires all initial bargaining proposals and counterproposals be “sun shined,” or presented at public hearings and made public record. Pursuant to this section of the Dills Act, the public is afforded the opportunity to comment on all initial proposals and counterproposals made by exclusive representatives and management.
Ralph C. Dills (Dills Act)
Management relies on several sources in anticipating potential exclusive representative demands. In addition to management’s input, a review of recent contract settlements negotiated in all the ________ ______, analyses of previous grievances and arbitration settlements and evaluations of the precise fiscal impact of the exclusive representatives’ proposals on the Department’s operating budget are completed.
Bargaining
California Department of ________- ___________, which is designated by the Governor as the State’s Chief Negotiator, is responsible for selecting members for the state’s various negotiating teams. Normally, employee relations staff from departments which employ the largest number of employees within a particular bargaining unit comprise the management bargaining team for that unit. The composition of these teams may vary depending on the particular series of negotiations.
Human resources
The state employer is only obligated to negotiate matters within the scope of representation, which are “limited to wages, hours, and other terms and conditions of employment, except however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or _______ _______.”
executive order
_________ is defined as the inability of the parties to reach agreement during negotiations. Disputes over negotiating the terms of contracts typically go to
mediation when ________ has been reached. The role of mediation is to bring the
parties together on their own terms.
Impasse
___________ is defined as the effort of an impartial third party to reconcile a dispute through “interpretation, suggestion, and advice.”
Mediation
The state employer _____ allow a reasonable number of supervisory employee representatives of verified supervisory employee organizations reasonable time off without loss of compensation or other benefits when meeting and conferring with representatives of the state employer on matters within the scope of representation for supervisory employees.
Shall
When a Department-wide change, within existing policy, is proposed, _______ shall be given to the supervisory organization by the commander of OER and will be discussed with the appropriate supervisory representative, if requested. This will be done prior to implementation, except in emergency situations.
written notice
The state or the employee organization begins the process by filing initial allegations of an unfair practice with the _____. The case is screened by a ______ regional attorney who conducts an investigation to determine if a prima facie case is present. For one to exist, this means the evidence, if true, is sufficient to support the charge.
PERB
Back pay ___ be awarded if an employee was discriminatorily fired, denied pay, or suffered a job-related action based upon union membership or support.
May
Managers and supervisors ____ guard against committing unfair labor
practices and, at the same time, continue to exercise normal control and discipline at the work place.
The _________ 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 confidentially raise and process a claim alleging a violation of the contract or policy. (HPM 9.1 Ch. 7 Pg. 3)
grievance/complaint
Grievance Procedure - Represented Employees. A represented employee grievance alleges a violation of the______ (HPM 9.1 Ch. 7 Pg. 3)
contract
Complaint Procedure - Represented Employees. The complaint procedure for represented employees settles disputes over ________ and ___________ (HPM 9.1 Ch. 7 Pg. 3)
policy and procedures
The first step to initiate the grievance/complaint procedure is an ________ discussion between the employee and the employee’s immediate supervisor (HPM 9.1 Ch. 7 Pg. 5)
informal
Issuing the Informal Response. Before issuing a decision, the supervisor _____ want to discuss it with other members of the management team. The informal verbal response should be issued as quickly as the investigation can be completed. (HPM 9.1 Ch. 7 Pg. 6)
may
Management must take some action before a grievant/complainant can allege a violation of the contract or departmental policy. An employee ______ file a grievance/complaint on the basis of suspicion. (HPM 9.1 Ch. 7 Pg. 8)
Cannot
A grievance or complaint should be filed on either a _____ Employee Grievance/Complaint; (Annex A); a STD 630, Employee Contract Grievance; or union equivalent. (HPM 9.1 Ch. 7 Pg. 9)
CHP 94
“Grievance.” An excluded employee grievance is a dispute of one or more employees involving the application or interpretation of a statute, regulation, policy, or practice which falls under the jurisdiction of__________. (HPM 9.1 Ch. 8 Pg. 3)
California Department of Human Resources (CalHR)
Informal Discussion. The employee or the employee’s representative shall discuss the grievance with their immediate supervisor. This discussion must occur within ____ work days of the event(s) or circumstance(s) causing the grievance. Within ____ work days, the immediate supervisor shall render their decision either verbally or in writing. This must be accomplished before a formal grievance can be filed. (HPM 9.1 Ch. 8 Pg. 4)
10 and 5
If the grievance cannot be resolved by discussion, the commander shall respond by indicating the issue involves departmental policy and cannot be resolved at their level. The ________ is then responsible for appealing the grievance to the next level. (HPM 9.1 Ch. 8 Pg.5)
employee
A grievant may withdraw a grievance at any time; however, they ______ file a subsequent grievance on the same alleged incident or issue. (HPM 9.1 Ch. 8 Pg.6)
Shall not
Arbitration is an extension of collective bargaining as practiced in the United States. The purpose of collective bargaining, in part, is the resolution of differences between employers and employees over the terms and conditions of employment. Arbitration is a third-party settlement of disputes between groups or individuals _______ a court of law. (HPM 9.1 Ch. 9 Pg.3)
Outside
Periodically, a grievance cannot be resolved in the appeal process and will be appealed to arbitration. An employee may not appeal an issue to arbitration on their own behalf. Rather, this decision can only be made by the employee’s _________. (HPM 9.1 Ch. 9 Pg.5)
exclusive representative
When an exclusive representative serves notice on the state that it plans to take an issue to arbitration, ____ will notice the Department. (HPM 9.1 Ch. 9 Pg.5)
CalHR