HPM 9.1

Question 1

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.

Answer 1

differences

Question 2

_______ _________. 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.

Answer 2

Interest Arbitration

Question 3

_______/_______ __________. 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.

Answer 3

Rights/Grievance Arbitration

Question 4

_______- __________. 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.

Answer 4

Mediation and Conciliation

Question 5

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.

Answer 5

May/May

Question 6

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.

Answer 6

“True”

Question 7

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.

Answer 7

Orally or in writing

Question 8

After the presentation of evidence and arguments, the arbitrator makes a decision which is final and __________ on both parties.

Answer 8

Binding

Question 9

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.

Answer 9

Arbitrator

Question 10

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.

Answer 10

supervisor

Question 11

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.

Answer 11

Management

Question 12

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.

Answer 12

Ralph C. Dills (Dills Act)

Question 13

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.

Answer 13

Bargaining

Question 14

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.

Answer 14

Human resources

Question 15

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 _______ _______.”

Answer 15

executive order

Question 16

_________ 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.

Answer 16

Impasse

Question 17

___________ is defined as the effort of an impartial third party to reconcile a dispute through “interpretation, suggestion, and advice.”

Answer 17

Mediation

Question 18

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.

Answer 18

Shall

Question 19

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.

Answer 19

written notice

Question 20

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.

Answer 20

PERB

Question 21

Back pay ___ be awarded if an employee was discriminatorily fired, denied pay, or suffered a job-related action based upon union membership or support.

Answer 21

May

Question 22

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.

Question 23

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)

Answer 23

grievance/complaint

Question 24

Grievance Procedure - Represented Employees. A represented employee grievance alleges a violation of the______ (HPM 9.1 Ch. 7 Pg. 3)

Answer 24

contract

Question 25

Complaint Procedure - Represented Employees. The complaint procedure for represented employees settles disputes over ________ and ___________ (HPM 9.1 Ch. 7 Pg. 3)

Answer 25

policy and procedures

Question 26

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)

Answer 26

informal

Question 27

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)

Answer 27

may

Question 28

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)

Answer 28

Cannot

Question 29

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)

Answer 29

CHP 94

Question 30

“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)

Answer 30

California Department of Human Resources (CalHR)

Question 31

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)

Answer 31

10 and 5

Question 32

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)

Answer 32

employee

Question 33

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)

Answer 33

Shall not

Question 34

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)

Answer 34

Outside

Question 35

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)

Answer 35

exclusive representative

Question 36

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)

Answer 36

CalHR

Question 37

Departmental Representation. _______ ________and CalHR will handle the arbitration hearing. (HPM 9.1 Ch. 9 Pg.6)

Answer 37

Office of Employee Relations

Question 38

Departmental Representation. _______ ________and CalHR will handle the arbitration hearing. (HPM 9.1 Ch. 9 Pg.6)

Answer 38

Office of Employee Relations

Question 39

Another goal of the Department’s Employee Relations Program is to ______ management’s and employees’ understanding of the rights, responsibilities, and obligations of management, employees and employee organizations. 1-3, 1., b.

Answer 39

increase

Question 40

The _____ _ _____ _____(OER) is responsible for developing, coordinating and administering employee relations policies and procedures for the Office of the Commissioner. The following duties have been delegated to OER: (a) Providing advice and assistance to managers and supervisors on matters relating to wages, hours and other terms and conditions of employment for all departmental employees, in addition to interpreting the negotiated contracts. (b) Maintaining a liaison with the California Department of Human Resources (CalHR) and employee organizations on representational matters. (c) Reviewing grievances/complaints processed at all levels and investigating grievances/complaints at the Commissioner’s level of appeal. (d) Representing the Department in negotiations for various bargaining units, including Units 4 (Office and Allied), 5 (Highway Patrol), 7 (Protective Services and Public Safety), and 12 (Crafts and Maintenance). (e) Training managers and supervisors to enhance their understanding and develop their expertise in the principles and concepts of public sector employee relations. (f) Representing the Department in arbitration, unfair labor practice charges and non-merit statutory appeal hearings. (g) Serving as the departmental authority for the administration of the Management Relations Program. 1-3 & 1-4, 2., b., (2)

Answer 40

Office of Employee Relations

Question 41

The _____ of the contracts cannot be changed, except by mutual agreement between the employer and the exclusive representative(s); however, as a matter of operational necessity, other changes affecting working conditions may occur at any or all levels of command within the Department. Such changes, which are consistent and in accordance with existing contracts, may be implemented if the guidelines in Chapter 11, Obligation to Meet and Confer, of this manual are followed. 1-5, 4.

Answer 41

provisions

Question 42

Commanders shall ensure that all applicable managers and supervisors, as well as first-line supervisors designated “represented” under the___ ____, are informed of the content of the published Cis (Contract Interpretations). 1-6, 6., d.

Answer 42

Dills Act

Question 43

(Dills Act) Introduction of Formal Collective Bargaining Law. The 1970s brought increasing employee demands for an expansion of their role in determining terms and conditions of employment. After several years of effort, the _____ _____ ____ _____ ____sponsored the introduction of SB 839, the State Employer-Employee Relations Act (SEERA), by Senator Ralph C. Dills. 2-3, 1., a.

Answer 43

California State Employees Association (CSEA)

Question 44

Excluded Employees’ Bill of Rights. Under this statute, _____ ______ have the right to be represented regarding all matters related to employment conditions and supervisory employer-employee relations. Other excluded employees have the right to be represented in their employment relations, including grievances, with the department. The state employer and excluded employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees because of exercising their rights. 2-4, 3., b.

Answer 44

supervisory employees

Question 45

Representational Rights Under the Public Safety Officers’ _____ _____ _____ _____ Act. Government Code Section 3303(i) provides a statutory right to a representative of the officer’s choice “upon the filing of a formal written statement of charges or whenever an interrogation focuses on matters which are likely to result in punitive action…” By policy, the Department has extended the protection of the Public Safety Officers’ _____ _____ _____ _____ (POBR) to all employees. Information regarding representational rights under POBR may also be found in Highway Patrol Manual 10.2, Internal Investigations Manual, and/or the appropriate bargaining unit contract. 2-5, 3., d.

Answer 45

Procedural Bill of Rights

Question 46

8. _____ Employee Rights. (1) Employee Rights. ______ employees are not entitled to bargaining units, exclusive representation, contracts, or the right to file an unfair labor practice charge. The following limited rights are provided for ______ employees: (a) To form, join, and participate in activities of employee organizations for the purpose of representation on all matters of _______ employee relations. (b) To refuse to join or participate in the activities of employee organizations. (c) To represent themselves individually in their employment relations with the state. (d) To freely associate with represented employees and join and participate in the activities of such employee organizations. (e) To use the grievance and appeal procedures set forth in Chapter 8, Excluded Employee Grievance and Appeal Procedures, of this manual, and be represented in these procedures. 2-8, 5., c.

Answer 46

Supervisory

Question 47

Restrictions on Management Rights. Management’s authority is____ ____; it is dictated by the laws and rules governing state civil service and personnel administration, by the terms of the negotiated contracts, and by the responsibility to act reasonably in exercising authority over employees. Management representatives at all levels within the Department are responsible for encouraging open and constructive communication with employees, as well as employee organization representatives, where appropriate, on matters relating to terms and conditions of employment. 3-3, 1., c.

Answer 47

not absolute

Question 48

Responsibilities. Managers and supervisors have certain duties and authorities that set them apart as members of the management team. Managerial and supervisory employees are responsible for developing sound, positive employee relations practices in their work units and ensuring that departmental policies, procedures, and the terms of the _____ contracts are administered properly and consistently. 3-4, 3., a.

Answer 48

negotiated

Question 49

Obligations. Management shall accord ____ _____ to employees, employee organizations and their representatives. Positive relationships among managers, supervisors, employees, and employee organizations contribute significantly to the effectiveness of the Department and its employee relations program. Each party must respect the rights and responsibilities of the others and pledge mutual, good faith efforts to resolve any differences that may arise. The following are considered essential techniques for managers and supervisors to utilize: (1) Understand and exercise management’s rights for the efficiency and effectiveness of the Department. (2) Be familiar with the contracts covering their staff. (3) Develop relationships with employee organization representatives. Treat them in a professional manner as equals when dealing with employee relations issues. (4) Remain alert to problems which may be brewing. Attempt to resolve them before they become formal grievances or complaints. (5) Keep the Office of Employee Relations informed of significant employee relations issues and problems with contract language. 3-4 & 3-5, 3., b.

Answer 49

fair treatment

Question 50

Provide Reasonable Time. When determining the amount of time to which a representative is entitled, always refer to the contract and Chapter 6, Release Time/Use of State Time for Representation, of this manual. Other considerations are the legitimate needs of the employer (workload of the unit, ability of other employees to perform the work), departmental policy and practices, and how much time is needed (where the representative must go to obtain information). Keep records of the amount of time the representative spends away from regular work assignments by utilizing the____ ____, Representation Reporting. If it becomes necessary to deny time off for operational reasons, it may be necessary to provide documentation which shows management has permitted reasonable use of state time in the past and made accommodations for the future. 3-5 & 3-6, 3., c., (4)

Answer 50

CHP 610

Question 51

Management’s Representative. As a representative of management, it is important to properly administer _____ _____ _____ _____ within the framework of the Department’s management philosophy. This will not only establish credibility, but will also provide consistency and gain the representative’s respect. Avoid taking grievances or other issues presented by the representative personally. Stick to the subject at hand when meeting with the representative. Do not allow peripheral issues to distract from the purpose of the meeting. Be attentive and reasonable, but do not allow the discussion to degenerate to a point where resolution is impossible. It may be better to adjourn and reconvene when both sides have had a chance to reevaluate their positions and meet again under more favorable circumstances. 3-6, 3., c., (6)

Answer 51

contract provisions and policies

Question 52

Providing Feedback from Employees. The supervisor is management’s main source of information regarding employee reactions to the contract and the implementation of the negotiated provisions on a day-to-day basis. A supervisor should be well acquainted with all the provisions of the contracts and know management’s policies and rules relating to the intent and application of the negotiated language. Because management’s interpretations of the contracts are often tested through the grievance procedure, it is important that the supervisor thoroughly understand the ___ ____ ____ and also those imparted to the employee and/or the exclusive representative. 3-7, 4., c.

Answer 52

rights of management

Question 53

Authority of Supervisors. As the front line of management, a supervisor must know their authority to adjust grievances, be a fact-finder and decision-maker, as well as an attentive listener. They must judge each case on its individual merits and be able to articulate a reason for the decision based upon a sound interpretation of the___ ___ ____. 3-7, 4., d.

Answer 53

contract or policy

Question 54

The members of a bargaining unit ___________ choose, by secret ballot, the employee organization that will become the exclusive representative for that unit. 4-3, 1(b)

Answer 54

may

Question 55

A recognized representative’s right to represent ____________ be in accordance with their appropriate contract and within their area of primary responsibility. 4-4, 1(d)(3)

Answer 55

shall

Question 56

An employee who is acting as a representative on behalf of an exclusive representative
is ____________ working in their capacity as a state employee. 4-4, 1(d)(4)

Answer 56

not

Question 57

If a recognized excluded employee organization designates a representative, the affected command will be notified by _________ of ____________ ______________ . 4-5, 2(d)

Answer 57

Office, Employee, Relations (OER)

Question 58

Questions regarding an organization claiming to represent departmental employees or the status of bona fide associations should be directed to ____________ of ______________ ______________. 4-5, 4

Answer 58

Office of Employee Relations (OER)

Question 59

A representative desiring access to a work location must state the purpose and request approval from that location’s _____________ or ________________ within a reasonable amount of time prior to an intended visit. 5-3, 2(a)(2)

Answer 59

commander or designee

Question 60

A representative must also obtain permission from their immediate supervisor to engage, during working hours, in business relating to representational matters. Permission to engage in such activity shall be granted promptly unless such absence would interfere with ______________ ____________ . 5-3, 2(a)(3)

Answer 60

efficient operations

Question 61

A recognized employee organization may use existing employee organization bulletin boards to post information or materials concerning the following subjects:
(1) ________________________________________________________________________
(2)
______________________________________________________________________
(3)
________________________________________________________________________.
(4)
________________________________________________________________________
*5-4, 3(a)

Answer 61

(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

Question 62

If management contemplates removing employee organization material from a bulletin board, it ________________ make a reasonable effort to contact the affected employee organization to explain the reason. 5-4, 3( e)

Answer 62

should

Question 63

A representative must also obtain permission from their immediate supervisor to engage, during working hours, in business relating to representational matters. Permission to engage in such activity shall be granted promptly unless such absence would interfere with ________________ _________________________. 5-3, 2(a)(3)

Answer 63

efficient operations

Question 64

Employees ___________ __________ conduct or participate in employee organization business activities during assigned work hours. 5-4, 4(a)

Answer 64

shall not

Question 65

An employee representative ______ distribute organization literature before or after working hours or during meal and rest periods in non-working areas (e.g., cafeteria, break room). 5-5, 5(a)

Answer 65

may

Question 66

Employee mailboxes _______ be utilized for the distribution of organization literature. 5-5, 5(b)

Answer 66

can

Question 67

State vehicles ________ ___________ be used for transportation by employees or employee organization representatives while participating in representational or employee organization business. 5-5, 7(a)

Answer 67

shall not

Question 68

Union stewards ___________ be permitted reasonable and occasional use of machines for union representational purposes provided that such use does not result in additional cost to the state, nor interfere with state operations. 5-6, 7(d)

Answer 68

shall

Question 69

State release time for representational purposes is limited to those instances when representing an employee from the representative’s area of ______________ ________________. 6-4, 4(a)

Answer 69

primary responsibility

Question 70

State release time _________ _________ be authorized for an employee to leave the work site to meet with an organization representative on a representational matter. 6-5, 4e

Answer 70

shall not

Question 71

Transportation expenses are _____
authorized for representation activities nor employee organization business. 6-5, 4(g)

Answer 71

not

Question 72

Normally, up to a maximum of _______ hours 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. 6-6, 5(b)(2)

Answer 72

four

Question 73

An employee who is representing themself in a grievance or complaint _______ _______ have the right to state release time for preparation. 6-7, 5(d)

Answer 73

does not

Question 74

The _____ _______, Nonautomated Personnel Contributory Time Bank, is used to donate and withdraw time for nonautomated employees. 6-8, 6(d)(1)

Answer 74

CHP 212