HPM 9.1 Chapters 1-3

Question 1

1. The purpose of the Employee Relations Program is to encourage harmonious
   relations between the Department and its employees, and establish procedures for the ________ and ________ resolution of differences on employee relations matters.

Answer 1

Equitable and Peaceful 1-3, 1(a)

Question 2

2. The development of ____________________ is the key to increased
   employee job satisfaction, motivation, efficiency and morale. It also promotes
   a healthy work environment wherein everyday issues and concerns can be
   considered from different perspectives. This type of open dialogue promotes a
   better understanding by all parties and fosters positive employee relations.

Answer 2

Open lines of communication 1-3, 2(a)(1)

Question 3

3. Managers and supervisors are responsible for seeing that the ________________ of the California Highway Patrol (CHP) are properly administered.

Answer 3

Employee relations policies 1-3, 2(b)(1)

Question 4

4. The Office of Employee Relations (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:

Answer 4

(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, 2(b)(2) / 1-4

Question 5

5. The state employer and the exclusive representatives of state employees in the ____ bargaining units have agreed upon_______________ that cover the wages, hours and other terms and conditions of state employment. There are several other terms used to refer to MOU such as agreements, labor agreements, or contracts. To simplify the terminology, the term “contract” will be utilized throughout this manual. After negotiations, both parties agree to abide by the terms of each contract. Although
   neither party may have been successful at achieving all of its proposed amendments to the contract, the Entire Agreement clause contained within each contract states that the contract is complete and each party waives its right to bargain for the remainder of the contract term unless there is a mutual agreement to reopen negotiations.

Answer 5

21 / Memoranda of Understanding (MOU) 1-4, 3(a)

Question 6

6. Administering the contracts is not a matter of determining what is right/wrong or fair/unfair. It involves ___________ to the provisions which have been negotiated between the exclusive representatives and the State of California. Misapplication or failure to enforce the terms of each contract could result in violations which are subject to the grievance and arbitration procedures.

Answer 6

Strict adherence 1-5, 3(b)

Question 7

7. California Highway Patrol management administers contracts in ___ of the 21 bargaining units.

Answer 7

12 1-5, 3(c)

Question 8

8. Sound contract administration requires that the provisions within the contracts be applied in an equitable, nondiscriminatory, and reasonably uniform manner to conform with the stated intent. Proper administration of the contracts will minimize problems in the day-to-day application of the contract language. A misapplication of a negotiated provision because of inconsistency and/or misunderstanding may result in an alleged violation of the agreement in the form of a__________.

Answer 8

Grievance 1-5, 3(d)

Question 9

9. Questions from the management team regarding the correct management interpretations of a contract provision may be directed to ______________.

Answer 9

Office of Employee Relations (OER) 1-5, 3(e)

Question 10

10. The provisions of the contracts cannot be changed, except by ___________ 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.

Answer 10

Mutual agreement 1-5, 4

Question 11

11. Contract Interpretations are departmental specific communications available on
    the____________________________to all managers and supervisors. The
    sequentially numbered memoranda are the source documentation for interpreting
    specific provisions within a particular bargaining unit contract (Annex A).

Answer 11

CHP Intranet on the OER Web page 1-6, 6(b)

Question 12

12. Commanders shall ensure that all applicable managers and supervisors, as
    well as ________________ designated “represented” under the Dills Act, are
    informed of the content of the published CI’s (Contract Interpretations).

Answer 12

First-line supervisors 1-6, 6(d)

Question 13

13. The _________ is a series of Government Code Sections which govern collective bargaining for represented employees of the State of California.

Answer 13

Dills Act 2-4, (1)

Question 14

14. Under the Dills Act, represented employees have the right to be represented by their________________regarding wages, hours, and other terms and conditions
    of employment.

Answer 14

Exclusive representative 2-4, 3(a)

Question 15

15. 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.

Answer 15

Supervisory employees 2-4, 3(b)

Question 16

16. Each contract outlines represented employees’ _______________. When deciding whether management has an obligation to allow representation, supervisors, and managers should refer to the applicable contract.

Answer 16

Rights to representation 2-5, (c)

Question 17

17. Definition of Represented Employee. “Represented employee” means an
    employee who is____ designated as supervisory, managerial, confidential, or
    excluded under the Dills Act. Another name for represented employee is rank-and file employee (Annex B).

Answer 17

Not 2-5, 4(a)

Question 18

18. 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__________ shall be controlling.

Answer 18

The contract 2-6, (b)

Question 19

19. A supervisory employee is defined as any individual, regardless of the job description or title, having authority in the interest of___________ to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees; or has the
    responsibility to direct them or adjust their grievances or effectively recommend
    such action, if the exercise of this authority is not just routing or clerical, but
    requires the use of independent judgment. Employees whose duties are
    substantially similar to those of their subordinates are not considered to be
    supervisory employees.

Answer 19

The employer 2-7, (3)

Question 20

20. Rights of Managerial, Confidential, and Other Nonsupervisory Excluded Employees. These employees_______ have the right to file an unfair labor practice charge, nor are they entitled to bargaining units, exclusive representation, or contracts.

Answer 20

Do not 2-7, b.

Question 21

21. Supervisory employees are_____entitled to bargaining units, exclusive representation, contracts, or the right to file an unfair labor practice charge.

Answer 21

Not 2-8, C.(1)

Question 22

22. It is the philosophy of the California Highway Patrol to______ these preconceived ideas and use the collective experience, ideas, and energy of its employees to make this Department the best it can be, no matter what the task. Collective bargaining is about people and not about particular contracts. It involves ideas and not prejudices or animosities. The goal is to do the best job possible through responsible administration of the contracts.

Answer 22

Cast aside 3-4, 2(b)

Question 23

23. Managerial and supervisory employees are responsible for developing _____,____employee relations practices in their work units and ensuring that departmental policies, procedures, and the terms of the negotiated contracts are administered properly and consistently.

Answer 23

Sound, positive 3-4, 3(a)

Question 24

24. By law, employee organization representatives have the right to vigorously act to represent their employees. When an employee representative is acting in that capacity, they are on__________ with management. A representative’s representational activity may not be the basis for discipline or discharge.

Answer 24

Equal ground 3-5, c.

Question 25

25. One of the most important relationships in any organization is between the employee and the immediate supervisor. As the primary link between the employee and the upper levels of management_________that a supervisor takes could have future ramifications either good or bad, right or wrong.

Answer 25

Every action 3-6, 4(a)

Question 26

26. The supervisor directs the work force toward accomplishing the_________ goals and serves as management’s contact with departmental employees. Employees identify the attitude and actions of the supervisor with that of management and react accordingly. Thus, it is important for the supervisor to clearly understand their integral role as a member of the management team, as well as the influence of their actions in effectively advocating management’s rights.

Answer 26

Department’s 3-6, 4(b)

Question 27

27. 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________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 rights of management and also those imparted to the employee and/or the exclusive representative.

Answer 27

Should 3-7, c.

Question 28

28. As the front line of management, a supervisor_____ 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 contract or policy.

Answer 28

Must 3-7, d.