HPM 9.1 Flashcards
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
Employee Relations Program
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
Both A and B
_______________ 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
The Office of Employee Relations
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?
True
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.
False, …subject to the grievance and arbitration procedures.
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
c) collective bargaining
“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
a) rank-and-file employee.
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
a) True.
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
a) Excluded employees
Bargaining unit 5 lists two classifications of CHP employees, officer and _____.
a) manager
b) cadet
c) sergeant
d) supervisor
b) cadet
When an employee representative is acting in that capacity, they are on _______ _______ with management?
A. Equal ground
B. Lesser ground
C. Higher ground
A. Equal ground
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.
B. Which rights have been relinquished or are shared with the exclusive representatives.
Can a representative’s representational activity be used as a basis for discipline or discharge?
A. Yes.
B. No.
C. Sometimes.
B. No.
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.
A. Directs the work force towards accomplishing the departments goals and serves as managements contact with departmental employee’s
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.
C. Rules governing State employee organizations for represented employees.
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
A. 12
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
C. Excluded Employee Bill of Rights
An organization of employees and former employees of the state is called what?
A. A bona fide association
B. SRT
C. Retirees Forum.
A. A bona fide association
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
C. Office of Employee Relations
If there is a conflict between policy and contract, which takes precedence?
A. Contract.
B. Policy.
C. MOU.
D. SOP.
A. Contract
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.
B. Officials and designated representatives of recognized employee organizations, including supervisory organizations.
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.
A. A representative desiring access to a work location must state the purpose and request approval from that location’s commander or designee.
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.
B. A representative must obtain permission from their immediate supervisor to engage, during working hours, in a business relating to representational matters.
What should happen if access is denied?
A. Call Dispatch and start a log.
B. go home.
C. reasonable alternatives should be provided.
C. reasonable alternatives should be provided.
5.Why may access be denied/delayed to a work location?
Answer: Access to a work location may be denied or delayed for reasons including safety, security, workload requirements, or other legitimate circumstances.
Who may post on an employee organization bulletin board?
A. Employee coffee funds.
B. A recognized employee organization.
C. local restaurant menus.
B. A recognized employee organization.
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.
A. The date and initials of the organization representative. A copy shall be provided to the commander.
Who should be consulted regarding doubt to propriety of posted material?
A. CalHR
B. Unit 5
C. Clerical
D. OER
D. OER
What should happen if management wants to remove material?
Management should make reasonable effort to contact the affected employee organization to explain the reason. Management retains final authority for removal.
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.
A. Employees shall not conduct/participate in employee organization business activities.
What is an employee’s non-working hours?
A. Court Call Back hours.
B. Lunch breaks, rest breaks, and time before and after work.
B. Lunch breaks, rest breaks, and time before and after work.
Solicitation may take place before or after working hours, or during meal and rest periods in non-working areas. True or False?
True
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
b) May
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.
A. Interfere with Departmental operations.
Can state vehicles be used during representational time?
A. Sometimes
B. Yes
C. No
C. No
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: Reproduction equipment, Audio-visual equipment, facsimile equipment, electronic communications system. Approved by immediate supervisor.
Can the Department’s internal mail system be used for organization business?
A. No.
B. Yes.
C. With Supervisor approval
A. No.
Can mail be opened?
Yes, unless marked “Personal and Confidential.”
Can State facilities can be used for organizational meetings upon approval of __________.
A. Division Chief
B. ASM
C. Commander/designee.
D. Clerical supervisor.
C. Commander/designee.
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.
C. All recognized employee organization shall be treated uniformly.
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
c) Needs of the command
State Release Time is State time used for representational purposes permitted by contract or policy.
True or False
True
Who grants release time?
a) Employee
b) Division Commander
c) CAHP
d) Immediate Supervisor
d) Immediate Supervisor
OT can be used for state release time.
True or False
False
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
b) An employee at all levels
How much State Release Time may be granted?
A reasonable amount of time to complete the business with prior supervisor notification
What is the normal amount of State Release Time?
a) 2
b) 4
c) 6
d) 8
b) 4 hours at each level
Can an excluded employee use Release Time to represent another excluded employee?
yes
Is an employee allowed Release Time for self-representation?
yes
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
b) CHP 610
Who has obtains supervisory approval for reimbursable paid leave?
a) Area Commander
b) Division Commander
c) Appropriate Commissioner
d) OER
d) OER
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
d) A and B
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
d) B and C
A grievance among represented employees alleges a violation of?
a) Policy
b) SOP
c) Law
d) Contract
d) Contract
A complaint among represented employees alleges a violation of?
a) Policy
b) SOP
c) Law
d) Contract
a) Policy
A grievance / complaint normally progresses through the following levels:
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
Through the grievance / complaint process, employees are entitled to?
a) Confidentiality
b) Anonymity
c) Transparency
d) None of the above
a) Confidentiality
he Informal Level includes the following steps?
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.
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
a) Return the grievance /complaint to the employee
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
d) All of the above
The response to a grievance / complaint should include what elements:
a) Introduction,
b) Management’s position
c) Decision.
d) All of the above
d) All of the above
grievance / complaint may be filed on what forms?
a) CHP 94
b) STD 630
c) CHP 610
d) A and B
d) A and B
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
c) 5 Working Days
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
c) 5 Working Days
- 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
c) 3 Working Days
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
c) 3 Working Days
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
d) 21 days
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
b) 7 calendar days
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
b) 21 calendar days
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
b) 45 calendar days
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
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
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
a) Grievance
. _______________ 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
a) Immediate supervisor
(True/False) All employees have the right to confidentiality during the grievance process.
True
What shall be accomplished prior to appealing to a level 1 grievance?
Informal Discussion with Immediate Supervisor
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
a) 10 working days and 21 calendar days for represented employees
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
a) 5 working days and 7 calendar days for represented employees
Normally, the levels of appeal for an excluded employee grievance are
_____________ (Level 1), ______________ (Level 2), ______________ (Level 3), and the ________________ (Level 4).
Area Commander, Division Commander, Office of the Commissioner, Director of CalHR
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.
May and shall not
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.
True
The ruling of the arbitrator is usually called an ________.
a) Reward
b) Win
c) Award
d) final
c) Award
True/False- CalHR and OER handles the arbitration hearings.
True
What is form is a management proposal form?
a) CHP 501
b) CHP 605
c) CHP 602
d) CHP 105
CHP 605
Who is designated by the Governor to be the State’s Chief Negotiator?
a) State Financial Department
b) Cal HR
c) OER
b) Cal HR
Managements actions toward employee organizations stem from what Act?
a) Free labor act
b) Dills Act
c) Negociation Act
b) Dills Act
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?
Discretion of the commander
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.
True
Managers and supervisors (should or shall) take all normal steps to maintain the effective and efficient operation of a state business?
should
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.
Should
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.
True
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?
Is not
True or false: Managerial employees have no representational rights under the Dills Act.
True
Pay and be benefits for other excluded employees is determined by ________?
Cal HR
Pay and be benefits for other excluded employees is determined by ________?
false
Prior to removing an employee for cause from a specialty pay position, what must first be obtained?
Approval from appropriate assistant commissioner
An employee removed from a specialty pay position (is or is not) entitled to an administrative hearing?
Is
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
c) Adverse Action
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?
May
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
b) First line supervisor
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
c) Chain of Custody
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
a) Confirming Official
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)
Consistency, Confirmation, Collection of sample, Chain of Custody, Control of Quality, Contracts
_______ 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
b) Sensitive Positions
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
True
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.
True
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
a) Should be completed first
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
b) POBR
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
b) Reliable Informant
