HPM 9.1

Question 1

What is the name of the program that encourages harmonious relations between the Department and its employees, and establishes procedures for the equitable and peaceful resolution of differences on employee relations?

Employee Wellness Program

Employee Assistance Program

Employee Relations Program

Peer Support Program

Answer 1

Employee Relations Program

Question 2

Who is responsible for seeing that the employee relations policies of the California Highway Patrol are properly administered?

Managers

Supervisors

Officers

Both A and B

Answer 2

Both A and B

Question 3

_______________ is/are responsible for developing, coordinating and administering employee relations policies and procedures for the Office of Commissioner.

The Academy

The Office of Employee Relations

Division Commanders

The Office of Legal Affairs

Answer 3

The Office of Employee Relations

Question 4

True or False: The Office of Employee Relations is responsible for training managers and supervisors to enhance their understanding and develop their expertise in the principles and concepts of public sector employee relations?

Answer 4

True

Question 5

True or False: Misapplications or failure to enforce the terms of each Bargaining Unit contract could result in violations which are subject to complaint and arbitration procedures.

Answer 5

False, …subject to the grievance and arbitration procedures.

Question 6

The Dills Act is a series of Government Code Sections which govern_____ for represented employees of the State of California.

a) disability insurance

b) discipline

c) collective bargaining

d) wages

Answer 6

c) collective bargaining

Question 7

“Represented employee” means an employee who is not designated as supervisory, managerial, confidential, or excluded under the Dills Act. Another name for represented employee is ______.

a) rank-and-file employee.

b) subordinate employee

c) tenured employee

d) secondary employee

Answer 7

a) rank-and-file employee.

Question 8

Represented employees have certain rights as provided by the Dills Act and their contracts between the state and their exclusive representatives. If there is a conflict between departmental policy and the provisions of a negotiated contract, the contract shall be controlling.

a) True.

b) False

Answer 8

a) True.

Question 9

Which employees do not have the right to file an unfair labor practice charge, nor are they entitled to bargaining units, exclusive representation, or contracts.

a) Excluded employees

b) Former employees

c) tenured employees

d) secondary employees

Answer 9

a) Excluded employees

Question 10

Bargaining unit 5 lists two classifications of CHP employees, officer and _____.

a) manager

b) cadet

c) sergeant

d) supervisor

Answer 10

b) cadet

Question 11

When an employee representative is acting in that capacity, they are on _______ _______ with management?

A. Equal ground

B. Lesser ground

C. Higher ground

Answer 11

A. Equal ground

Question 12

What does management determine when they look at contracts?

A. Restrictions imposed on managerial authority.

B. Which rights have been relinquished or are shared with the exclusive representatives.

Answer 12

B. Which rights have been relinquished or are shared with the exclusive representatives.

Question 13

Can a representative’s representational activity be used as a basis for discipline or discharge?

A. Yes.

B. No.

C. Sometimes.

Answer 13

B. No.

Question 14

What is the role of the supervisor?

A. Directs the work force towards accomplishing the departments goals and serves as managements contact with departmental employee’s

B. Link between the CAHP and management.

Answer 14

A. Directs the work force towards accomplishing the departments goals and serves as managements contact with departmental employee’s

Question 15

HPM 9.1, Employee Relations, p. 4-3, section 1(a)

What is the Dill’s Act?

A. Rules governing State employee organizations for unrepresented employees

B. Rules governing State employee overtime hours for represented employees.

C. Rules governing State employee organizations for represented employees.

Answer 15

C. Rules governing State employee organizations for represented employees.

Question 16

HPM 9.1, Employee Relations, p. 4-3, section 1(c)

How many represented bargaining units are in the department?

A. 12

B. 10

C. 5

D. 13

Answer 16

A. 12

Question 17

HPM 9.1, Employee Relations, p. 4-5, section 2(a)

Where are rules governing excluded employees located?

A. CPOLS

B. CalHR

C. Excluded Employee Bill of Rights

Answer 17

C. Excluded Employee Bill of Rights

Question 18

An organization of employees and former employees of the state is called what?

A. A bona fide association

B. SRT

C. Retirees Forum.

Answer 18

A. A bona fide association

Question 19

Where should questions regarding an organization claiming to represent departmental employees or the status of bona fide associations be directed?

A. CHP Academy

B. CHP H.Q.

C. Office of Employee Relations

D. CalHR

Answer 19

C. Office of Employee Relations

Question 20

If there is a conflict between policy and contract, which takes precedence?

A. Contract.

B. Policy.

C. MOU.

D. SOP.

Answer 20

A. Contract

Question 21

Who is permitted access to work locations?

A. The Public with a representative.

B. Officials and designated representatives of recognized employee organizations, including supervisory organizations.

Answer 21

B. Officials and designated representatives of recognized employee organizations, including supervisory organizations.

Question 22

Who must a representative receive approval from to access a work location?

A. A representative desiring access to a work location must state the purpose and request approval from that location’s commander or designee.

B. A representative desiring access to a work location must state the purpose and request approval from that location’s clerical staff.

C. A representative desiring access to a work location must state the purpose and request approval from that location’s area Rep.

Answer 22

A. A representative desiring access to a work location must state the purpose and request approval from that location’s commander or designee.

Question 23

Who must a representative obtain permission from to engage in representational matters?

A. A representative must obtain permission from their OIC to engage, during working hours, in a business relating to representational matters.

B. A representative must obtain permission from their immediate supervisor to engage, during working hours, in a business relating to representational matters.

C. A representative must obtain permission from CALHR to engage, during working hours, in a business relating to representational matters.

Answer 23

B. A representative must obtain permission from their immediate supervisor to engage, during working hours, in a business relating to representational matters.

Question 24

What should happen if access is denied?

A. Call Dispatch and start a log.

B. go home.

C. reasonable alternatives should be provided.

Answer 24

C. reasonable alternatives should be provided.

Question 25

5.Why may access be denied/delayed to a work location?

Answer 25

Answer: Access to a work location may be denied or delayed for reasons including safety, security, workload requirements, or other legitimate circumstances.

Question 26

Who may post on an employee organization bulletin board? A. Employee coffee funds. B. A recognized employee organization. C. local restaurant menus.

Answer 26

B. A recognized employee organization.

Question 27

What shall be on any materials posted to the bulletin board? Who shall the materials be provided to? A. The date and initials of the organization representative. A copy shall be provided to the commander. B. The date and initials of the organization representative. A copy shall be provided to the supervisor. C. The date and initials of the organization representative. A copy shall be provided to the Division Commander.

Answer 27

A. The date and initials of the organization representative. A copy shall be provided to the commander.

Question 28

Who should be consulted regarding doubt to propriety of posted material? A. CalHR B. Unit 5 C. Clerical D. OER

Answer 28

D. OER

Question 29

What should happen if management wants to remove material?

Answer 29

Management should make reasonable effort to contact the affected employee organization to explain the reason. Management retains final authority for removal.

Question 30

What shall employees not be do during working hours? A. Employees shall not conduct/participate in employee organization business activities. B. Employees are allowed conduct/participate in employee organization business activities as long as it is reasonable.

Answer 30

A. Employees shall not conduct/participate in employee organization business activities.

Question 31

What is an employee’s non-working hours? A. Court Call Back hours. B. Lunch breaks, rest breaks, and time before and after work.

Answer 31

B. Lunch breaks, rest breaks, and time before and after work.

Question 32

Solicitation may take place before or after working hours, or during meal and rest periods in non-working areas. True or False?

Answer 32

True

Question 33

Where may literature be distributed and when? During non-working hours, after requesting and being granted access. Employee mailboxes _____ be used. A. Cannot B. May

Answer 33

b) May

Question 34

State telephones can be used upon request, an employee organization shall have access, provided the use doesn’t result in toll charges or ______. A. Interfere with Departmental operations. B. International Calls are made.

Answer 34

A. Interfere with Departmental operations.

Question 35

Can state vehicles be used during representational time? A. Sometimes B. Yes C. No

Answer 35

C. No

Question 36

What equipment and supplies may be used? Approved by who? Answer: Reproduction equipment, Audio-visual equipment, facsimile equipment, electronic communications system. Approved by immediate supervisor.

Answer 36

Answer: Reproduction equipment, Audio-visual equipment, facsimile equipment, electronic communications system. Approved by immediate supervisor.

Question 37

Can the Department’s internal mail system be used for organization business? A. No. B. Yes. C. With Supervisor approval

Answer 37

A. No.

Question 38

Can mail be opened?

Answer 38

Yes, unless marked “Personal and Confidential.”

Question 39

Can State facilities can be used for organizational meetings upon approval of __________. A. Division Chief B. ASM C. Commander/designee. D. Clerical supervisor.

Answer 39

C. Commander/designee.

Question 40

How should employee organizations be treated? A. All recognized employee organization shall be treated OK. B. All recognized employee organization shall be treated with respect. C. All recognized employee organization shall be treated uniformly.

Answer 40

C. All recognized employee organization shall be treated uniformly.

Question 41

What is the main consideration for approving use of release time? a) Needs of the employee b) Needs of the labor union c) Needs of the command d) None of the above

Answer 41

c) Needs of the command

Question 42

State Release Time is State time used for representational purposes permitted by contract or policy. True or False

Answer 42

True

Question 43

Who grants release time? a) Employee b) Division Commander c) CAHP d) Immediate Supervisor

Answer 43

d) Immediate Supervisor

Question 44

OT can be used for state release time. True or False

Answer 44

False

Question 45

Who has the right to representation and at what levels a) Only Civilian staff and top level b) An Employee at all levels c) None of the above

Answer 45

b) An employee at all levels

Question 46

How much State Release Time may be granted?

Answer 46

A reasonable amount of time to complete the business with prior supervisor notification

Question 47

What is the normal amount of State Release Time? a) 2 b) 4 c) 6 d) 8

Answer 47

b) 4 hours at each level

Question 48

Can an excluded employee use Release Time to represent another excluded employee?

Answer 48

yes

Question 49

Is an employee allowed Release Time for self-representation?

Answer 49

yes

Question 50

What form shall be utilized for withdrawal of contributory bank, pending advanced notice to who? a) CHP 611 b) CHP 610 c) CHP 710 d) CHP 810

Answer 50

b) CHP 610

Question 51

Who has obtains supervisory approval for reimbursable paid leave? a) Area Commander b) Division Commander c) Appropriate Commissioner d) OER

Answer 51

d) OER

Question 52

What is the duration of a paid leave of absence? a) Not less than 1 day b) No more than 1 year c) No more than 180 days d) A and B

Answer 52

d) A and B

Question 53

How long shall the request for paid leave of absence be retained? a) 2 years at the command level b) 12 months at the command level c) 3 years at OER d) B and C

Answer 53

d) B and C

Question 54

A grievance among represented employees alleges a violation of? a) Policy b) SOP c) Law d) Contract

Answer 54

d) Contract

Question 55

A complaint among represented employees alleges a violation of? a) Policy b) SOP c) Law d) Contract

Answer 55

a) Policy

Question 56

A grievance / complaint normally progresses through the following levels:

Answer 56

Informal Level (immediate supervisor) Level 1 – Area commander Level 2 – Division commander Level 3 – Office of Commissioner Level 4 – Director of the Dept. of Human Resources Arbitration

Question 57

Through the grievance / complaint process, employees are entitled to? a) Confidentiality b) Anonymity c) Transparency d) None of the above

Answer 57

a) Confidentiality

Question 58

he Informal Level includes the following steps?

Answer 58

Discussion – Should include the affected employee, occur as soon as possible, allow adequate time to fully discuss the matter, and include suggested solutions. Investigation – Investigate thoroughly now as it is more difficult to resolve at a formal level. Informal Response – Discuss the response with others in the management team. Adjustment (or correction) – Errors must be admitted and corrected promptly. Denials should be explained to the employee.

Question 59

If a formal written grievance / complaint is submitted prior to an informal discussion the command should do what? a) Return the grievance /complaint to the employee b) send emails c) write a complaint to division cause the officers are being mean

Answer 59

a) Return the grievance /complaint to the employee

Question 60

A formal grievance / complaint contains what three elements? a) Alleged violation b) Statement of the problem c) Proposed remedy d) All of the above e) None of the above

Answer 60

d) All of the above

Question 61

The response to a grievance / complaint should include what elements: a) Introduction, b) Management’s position c) Decision. d) All of the above

Answer 61

d) All of the above

Question 62

grievance / complaint may be filed on what forms? a) CHP 94 b) STD 630 c) CHP 610 d) A and B

Answer 62

d) A and B

Question 63

Processing a Grievance / Complaint – 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 _____ after issuance of the response. a) 5 Business Days b) 5 Calendar Days c) 5 Working Days d) None of the above

Answer 63

c) 5 Working Days

Question 64

Processing a Grievance / Complaint – 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 _____ after issuance of the response. a) 5 Business Days b) 5 Calendar Days c) 5 Working Days d) None of the above

Answer 64

c) 5 Working Days

Question 65

12. Processing a Grievance / Complaint – 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 _____ after issuance. a) 3 Business Days b) 5 Calendar Days c) 3 Working Days d) None of the above

Answer 65

c) 3 Working Days

Question 66

Processing a Grievance / Complaint – Step 4: California Department of Human Resources (CalHR) sends the Department a copy of the response to a Level 4 appeal. The OER, in turn, will provide copies of the Level 4 response to the affected commands within _____ after receipt. a) 3 Business Days b) 5 Calendar Days c) 3 Working Days d) None of the above

Answer 66

c) 3 Working Days

Question 67

grievance must be filed within _____ of the causing event. a) 10 business days b) 15 business days c) 20 calendar days d) 21 calendar days

Answer 67

d) 21 days

Question 68

Response to an Informal Discussion is to be issued within… a) 7 business days b) 7 calendar days c) 7 working days d) None of the above

Answer 68

b) 7 calendar days

Question 69

Level 1-3 of complaint process must have a response in _____ days? a) 21 business days b) 30 calendar days c) 21 working days d) None of the above

Answer 69

b) 21 calendar days

Question 70

Response time to level 4 of the complaint process must be completed within ________ days a) 45 business days b) 45 calendar days c) 45 working days d) None of the above

Answer 70

b) 45 calendar days

Question 71

Length of time for appeal Level 1 7 calendar days Level 2 14 calendar days Level 3 14 calendar days Level 4 14 calendar days

Answer 71

Length of time for appeal Level 1 7 calendar days Level 2 14 calendar days Level 3 14 calendar days Level 4 14 calendar days Level

Question 72

An excluded employee ___________ 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 California Department of Human Resources (CalHR). a) Grievance b) Complaint c) Arbitration d) Mitigation  

Answer 72

a) Grievance

Question 73

. _______________ is the individual identified by the appointing power who assigns, reviews and directs the work of an employee. a) Immediate supervisor b) Sergeant c) commander d) Division Commander

Answer 73

a) Immediate supervisor

Question 74

(True/False) All employees have the right to confidentiality during the grievance process.

Answer 74

True

Question 75

What shall be accomplished prior to appealing to a level 1 grievance?

Answer 75

Informal Discussion with Immediate Supervisor

Question 76

The employee or the employee’s representative shall discuss the grievance with their immediate supervisor. This discussion must occur within how many days of the event(s) or circumstance(s) causing the grievance. a) 10 working days b) 10 business days c) 10 calendar days d) None of the above

Answer 76

a) 10 working days and 21 calendar days for represented employees

Question 77

Within how many days, the immediate supervisor shall render their decision either verbally or in writing. a) 5 working days b) 5 business days c) 5 calendar days d) None of the above

Answer 77

a) 5 working days and 7 calendar days for represented employees

Question 78

Normally, the levels of appeal for an excluded employee grievance are _____________ (Level 1), ______________ (Level 2), ______________ (Level 3), and the ________________ (Level 4).

Answer 78

Area Commander, Division Commander, Office of the Commissioner, Director of CalHR

Question 79

A grievant may/may not withdraw a grievance at any time; however, they should/shall not file a subsequent grievance on the same alleged incident or issue.

Answer 79

May and shall not

Question 80

True/False- Interest 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 it in California.

Answer 80

True

Question 81

The ruling of the arbitrator is usually called an ________. a) Reward b) Win c) Award d) final

Answer 81

c) Award

Question 82

True/False- CalHR and OER handles the arbitration hearings.

Answer 82

True

Question 83

What is form is a management proposal form? a) CHP 501 b) CHP 605 c) CHP 602 d) CHP 105

Answer 83

CHP 605

Question 83

Who is designated by the Governor to be the State’s Chief Negotiator? a) State Financial Department b) Cal HR c) OER

Answer 83

b) Cal HR

Question 84

Managements actions toward employee organizations stem from what Act? a) Free labor act b) Dills Act c) Negociation Act

Answer 84

b) Dills Act

Question 85

If a request for meet and confer by a bargaining unit 5 member has been made, and a CAHP Rep and Commander are scheduled to meet, can the officer participate in the meeting?

Answer 85

Discretion of the commander

Question 86

True/False- if an allegation of an unfair practice is alleged, PERB Attorney conducts an investigation to determine if a prima facie case is present.

Answer 86

True

Question 87

Managers and supervisors (should or shall) take all normal steps to maintain the effective and efficient operation of a state business?

Answer 87

should

Question 88

Where normal operations dictate a particular job assignment or enforcement of job related rules or regulations, you (should or shall) not fail to take such action because an employee is not sympathetic to an employee organization.

Answer 88

Should

Question 89

True/False- The following employees are expressly excluded from collective bargaining by the Dills Act. Managers, supervisors, and confidential employees—who comprise the Departments management team.

Answer 89

True

Question 90

When the state meets and confers with employee organizations representing “represented employees” there (is or is not) a requirement to reach an agreement on proposals?

Answer 90

Is not

Question 91

True or false: Managerial employees have no representational rights under the Dills Act.

Answer 91

True

Question 92

Pay and be benefits for other excluded employees is determined by ________?

Answer 92

Cal HR

Question 93

Pay and be benefits for other excluded employees is determined by ________?

Answer 93

false

Question 94

Prior to removing an employee for cause from a specialty pay position, what must first be obtained?

Answer 94

Approval from appropriate assistant commissioner

Question 95

An employee removed from a specialty pay position (is or is not) entitled to an administrative hearing?

Answer 95

Is

Question 96

Incidents where there is an established nexus between an adverse action and a resulting loss of a specialty pay position the removal will be processed with the _______? a) CAL HR hearing b) CAHP Hearing c) Adverse Action d) None of the above

Answer 96

c) Adverse Action

Question 97

Represented employees removed for cause from a specialty pay position without an adverse action (may or may not) file an appeal utilizing the grievance procedure?

Answer 97

May

Question 98

The ___ plays the most important role in any successful substance testing program. As they generally have the routine, daily contact with the employee for the purpose of directing and evaluating performance; therefore, ___ is in the best position to assess any changes in an employee’s job performance, behavior, and/or appearance. a) Employee b) First line supervisor c) Manager d) Confirming Official

Answer 98

b) First line supervisor

Question 99

For a substance test to be effective, each supervisor must ensure that: (a) Reasonable suspicion is supported by proper documentation; (b) The sample is properly collected; (c) _______ maintained ; and (d) The employee's rights are not violated. a) Viability b) Sample c) Chain of Custody

Answer 99

c) Chain of Custody

Question 100

The state's substance testing policy requires the involvement of specified managers in all substance tests as a ______ before any sample can be collected. These managers are to make certain the policy is properly applied and the test appropriately administered. a) Confirming Official b) First Line Supervisor c) Manager d) Commander

Answer 100

a) Confirming Official

Question 101

The effectiveness of the substance testing program is dependent on the Department's ability to justify its actions and demonstrate a proper application of the policy. The following elements are critical if the program is to be successful: (Name the six C’s)

Answer 101

Consistency, Confirmation, Collection of sample, Chain of Custody, Control of Quality, Contracts

Question 102

_______ are peace officer positions and other positions in which drug or alcohol affected performance could endanger the health and safety of others. a) Important Positions b) Sensitive Positions c) Controlling Positions d) None of the above

Answer 102

b) Sensitive Positions

Question 103

True/False- No employee may be under the influence of any prescribed medication which would impede the employee’s ability to perform their duties safely

Answer 103

True

Question 104

True/False- Supervisors who suspect substance abuse by non-sensitive employees are encouraged to support their observations using the same criteria used to establish reasonable suspicion for sensitive positions. Since a chemical test will not normally be part of the investigation, it is essential that the supervisor’s final determination be based upon: (1) Articulable Facts ; (2) Close observation; and (3) Good faith.

Answer 104

True

Question 105

Supervisors investigating suspected substance abuse must remain aware of possible criminal violations (i.e., 11377 Health and Safety Code [H&S], 11350 H&S, 23152a/b Vehicle Code). If the supervisor believes criminal violations(s) exist, a criminal investigation: a) should be completed first b) shall be completed second c) Shall be completed on concurrently

Answer 105

a) Should be completed first

Question 106

If the Substance Abuse Investigation Interview is conducted, the supervisor should keep in mind the employee’s rights under the ____. Only those questions pertaining to the employee’s possible need for medical attention should be asked. a) Policy b) POBR c) Constitution d) MOU

Answer 106

b) POBR

Question 107

A supervisor might also receive information regarding substance abuse from a_____. The California Department of Human Resources (CalHR) requires that the informant be a peace officer who is willing to publicly testify on behalf of management, should that become necessary. a) Unreliable Informant b) Reliable Informant c) Confidential Informant d) A spy

Answer 107

b) Reliable Informant