HPM 9.1 Chapters 7-9

Question 1

1. The grievance/complaint 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 ____raise and process a claim alleging a violation of the contract or policy.

Answer 1

Confidentially 7-3, 2a

Question 2

2. A grievance or complaint should be filed on either a CHP__, Employee Grievance/Complaint; (Annex A); a STD __, Employee Contract Grievance: or union equivalent.

Answer 2

Chp 94, STD 630 7-9, 6a

Question 3

3. The CHP 94 is available on ____. The STD 630 can be found on the ____ ____ _ ___ ___ (___).

Answer 3

I: Forms, California Department of Human Resources (CalHR) 7-9, 6b

Question 4

4. Unless a proper application for rehearing is made, every decision shall become final __days after service of such decision upon the parties by calHR.

Answer 4

30 days 7-11, 9e

Question 5

5. Grievance/complaint records are to be physically located apart from field folders and field subject folders. Grievance/complaint files shall be placed in a separate confidential classification entitled Grievance/Complaints,” and labeled “___” or “___”

Answer 5

“Active” or “Inactive” 7-12, 10b

Question 6

6. Active grievance/complaints are those files still pending a response in the ______process.

Answer 6

Grievance/arbitration 7-12, 10d1

Question 7

7. Inactive grievance/complaint files are those that require __ ___ ____.

Answer 7

No further response 7-12, 10d2

Question 8

8. Grievance records shall be retained at the affected command for a period of __ following the date of the final action.

Answer 8

3 years 7-12, 10e1

Question 9

9. Complaint records shall be retained in the affected command for a period of __following the date of the final action

Answer 9

1 year 7-12, 10e2

Question 10

10. Headquarters Central Files shall retain grievance records for a period of ___ following the date of the final action, and complaint records for a period of ___ following the date of the final action.

Answer 10

5 years, 3 years 7-12, 10e3

Question 11

11. If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be filed no later than:

Answer 11

(a) Ten work days after the event or circumstances occasioning the grievance, or
(b) Within 5 work days of the decision rendered in the informal grievance procedure, whichever is later.

8-4, i1a

Question 12

A grievant may withdraw a grievance at any time; however, they ___file a subsequent grievance on the same alleged incident or issue.

Answer 12

Shall not 8-6, n2

Question 13

13. The two types of arbitration are:

Answer 13

(a) Interest arbitration
(b) Rights/grievance arbitration.

9-3, 1ab

Question 14

14. CalHR Notice of Arbitration: When an exclusive representative serves notice on the state that it plans to take an issue to arbitration, CalHR will notice the Department. For the California Highway Patrol, this notification is provided to __ _ ___ ___.

Answer 14

Office of Employee Relations (OER) 9-5, 7a

Question 15

15. Office of Employee Relations Notifies affected Command: Upon receiving this notification, OER will advise the affected Commands of the intent to arbitrate within __working days.

Answer 15

3 9-5, 7b

Question 16

16. Departmental Representation: Office of Employee Relations and ___will handle the arbitration hearing.

Answer 16

CalHR 9-6, 8a

Question 17

In an arbitration hearing, normally, the party ____the grievance makes the first opening statement since the burden is on the _____party to prove its case.

Answer 17

Initiating, Initiating 9-6, 8b2a

Question 18

18. In an arbitration hearing, both parties have the right to make a closing argument to the arbitrator, either___ or____ .

Answer 18

Orally, In writing 9-7, 8b4

Question 19

After the presentation of evidence and arguments, the arbitrator makes a decision which is final and binding on____.

Answer 19

Both parties 9-7, 9a

Question 20

20. Grievances should be settled whenever _____possible to avoid the cost and uncertainty of arbitration.

Answer 20

Reasonably 9-7, 12

Question 21

21. In California, almost all arbitration is___.

Answer 21

Voluntary 9-3, 2

Question 22

22. Mediation and Conciliation: These processes involve efforts by a __ __ to bring the parties to an agreement on their own.

Answer 22

Third party 9-4, 5b

Question 23

23. In an arbitration hearing, evidence which is not stipulated to be introduced is brought in through the __ ____ of witnesses.

Answer 23

Oral Testimony 9-6, 3a

Question 24

24. In an arbitration hearing, every witness is subject to ___ _____by the opposing party.

Answer 24

Cross Examination (9-12, 3b1)

Question 25

25. In an arbitration hearing, before the arbitrator can hear the case, they must be given the ____ to do so.

Answer 25

Authority 9-6, 8b1a