HPM 9.1 Employee Relations Flashcards
1
Q
What is the purpose of the Employee Relations manual?
A
Establish policy and to provide managers and supervisors with guidelines for administering the Department’s employee relations program.
2
Q
What is the objective of the Employee Relations manual?
A
Provide managers and supervisors with the knowledge of the concepts, laws, and professional practices of employee relations.
3
Q
Does the Employee Relations manual address excluded employees or represented employees?
A
Both.
4
Q
What is the purpose of the Employee Relations program?
A
To encourage harmonious relations between the Department and its employees, and establish procedures for the equitable and peaceful resolution of differences on employee relations matters.
5
Q
What is the key to increased employee job satisfaction, motivation, efficiency, and morale?
A
Development of open lines of communication.
6
Q
What is the Commissioner’s philosophy regarding employee relations?
A
That commanders establish and maintain positive lines of open communication with employees and employee representatives.
7
Q
Who is responsible for seeing that employee relations policies of the Department are properly administered?
A
Managers and supervisors.
8
Q
Who is responsible for developing, coordinating, and administering employee relations policies and procedures for the Office of the Commissioner?
A
Office of Employee Relations (OER).
9
Q
What are some examples of the duties performed by OER?
A
Provide assistance and advice to managers and supervisors on matters relating to wages, hours, and other terms and conditions of employment. Maintaining a liaison with the Department of Personnel Administration and employee organizations on representational matters. Reviewing grievances/complaints processed at all levels and investigating grievances/complaints at the Commissioner’s level of appeal. Representing the Department in negotiations for various bargaining units. Training managers and supervisors to enhance their understanding and develop their expertise in the principles and concepts of public sector employee relations. Representing the Department in arbitration, unfair labor practice charges and non-merit statutory appeal hearings. Serving as the Departmental authority for the administration of the Management Relations Program.
10
Q
What does the administration of labor contracts involve?
A
Strict adherence to the provisions which have been negotiated between the exclusive representatives and the State.
11
Q
CHP management administers how many labor contracts for how many bargaining units?
A
12
12
Q
What can occur as a result of misapplication of failure to enforce terms of a labor contract?
A
May result in violations that are subject to the grievance and arbitration procedures.
13
Q
A misapplication of a negotiated provision because of inconsistency and/or misunderstanding may result in what?
A
Alleged violation of the agreement in the form of a grievance.
14
Q
How should management administer contracts?
A
In an equitable, non-discriminatory, and relatively uniform manner.
15
Q
When can provisions of a labor contract be changed?
A
By mutual agreement between the employer and the exclusive representatives.
16
Q
What are contract interpretations?
A
Supplemental guidelines of management’s interpretations of the labor contract published by OER (on a CHP 62).
17
Q
How are contract interpretations printed and to whom are they distributed?
A
They are printed on blue paper and distributed without cover memoranda to all applicable managers and supervisors.
18
Q
Which employees are commanders required to inform of the contents of the published contract interpretations?
A
All applicable managers and supervisors. First line supervisors designated “represented” under the Dills Act.
19
Q
What provision in a contract requires employees who do not desire, for whatever reason, to join the exclusive bargaining organization, to pay a service fee to the organization for representation, regardless of membership status?
A
Fair share fee.
20
Q
What is the definition of a labor contract/MOU?
A
A written agreement between the State and a labor organization, usually for a definite term, defining conditions of employment, rights of employees and the labor organization, and procedures to be followed in settling disputes or handling issues that arise during the life of the contract.
21
Q
Withdrawal of an association’s status as exclusive representative upon vote by the employees in the unit that they no longer wish to be represented by a particular exclusive representative is called what?
A
Decertification.
22
Q
Who are “excluded employees” within the CHP?
A
All managerial. All confidential. All supervisory.
23
Q
What is the definition of an injunction?
A
A restraining order issued by a court for a temporary period without a preliminary hearing requiring one of the parties to perform or cease a specified activity.
24
Q
What is the term used in the Government Code to describe negotiations?
A
Meet and confer in good faith.
25
What is required when changes are made within departmental policy which significantly affect the terms and conditions of employment?
Meet and confer over impact.
26
What is a meeting between management and an employee organization representative not required by law or departmental policy to discuss employee relation issues?
Meet and discuss.
27
When would past practice take precedence over a written policy?
Consistent - management consistently applies the practice in contrast to or in the absence of a written policy. Uniform – the majority of management activity supports the practice. Long term – the practice is so dominant that in fact policy should be re-written to reflect the accepted practice. Accepted by both parties – management and the exclusive representative.
28
What board is responsible for administering and enforcing the Dills Act?
Public Employment Relations Board (PERB).
29
What is a bank of hours negotiated on a labor contract for use by representatives for organizational activities which do not qualify for State release time?
Release time bank.
30
What is the term used for a direct or indirect use of threats to use official authority or influence in any manner which tends to discourage use of the grievance procedure or other exercise of protected rights?
Reprisal.
31
What is the scope of representation limited to for represented employees?
Wages. Hours. Other terms and conditions of employment.
32
What year did collective bargaining begin in California for state employees?
1982
33
What is the “Dills Act?”
A series of Government Code Sections which govern collective bargaining for represented employees of the State of California.
34
What was the “Dills Act” called prior being called the “Dills Act?”
The State Employer – Employee Relations Act (SEERA).
35
What are the six basic elements of the Dills Act?
Covers all civil service employees. Grants specific rights only to represented employees. Requires the State and exclusive representatives to negotiate in good faith on wages, hours, and other terms and conditions of employment. Contains criteria for determining which classifications are grouped into which bargaining units. Provides for exclusive representation for represented employees. Defines unfair labor practices by management and exclusive representatives. Contains provisions for impasse procedures and public disclosure of bargaining proposals.
36
What statute gives supervisory employees the right to be represented regarding all matters related to employment conditions and supervisory employer – employee relations?
Excluded Employees Bill of Rights.
37
Which departmental employees are extended the protection of the Peace Officer’s Bill of Rights?
The Department extends these rights to all employees.
38
What is the definition of a “represented employee?”
An employee who is not designated as supervisory, managerial, confidential, or excluded under the Dills Act.
39
If there is a conflict between Department policy and the provisions of a negotiated contract, which will be controlling?
The contract shall be controlling.
40
What is the definition of a managerial employee under the Dills Act?
Any employee having significant responsibilities for formulating or administering agency or departmental policies, programs, or administering an agency or department.
41
What is the definition of a confidential employee under the Dills Act?
Any employee who is required to develop or present management positions with respect to employer – employee relations or whose duties normally require access to confidential information contributing significantly to the development of management bargaining positions.
42
What is the definition of a supervisory employee under the Dills Act?
Any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively recommend such action, if the exercise of this authority is not just routine or clerical, but requires the use of independent judgment.
43
Are managerial, confidential, and other non-supervisory excluded employees entitled to bargaining units, exclusive representation, or labor contracts?
No.
44
What four things are managerial, confidential, and other non-supervisory excluded employees prohibited from doing?
Holding elective office in an employee organization which represents any non-excluded employees. Representing any non-excluded employees in meet and confer sessions. Representing any non-excluded employee in the grievance process. Voting on questions of ratification or rejection of a contract reached on behalf of non-excluded employees.
45
What limited rights do supervisory employees have?
Form, join and participate in activities of employee organizations for the purpose of representation on all matters of supervisory employee relations. Refuse to join or participate in the activities of employee organizations. Represent themselves individually in their employment relations with the State. Freely associate with represented employees and join and participate in the activities of such employee organizations. Use the grievance and appeal procedures.
46
What does the Excluded Employees Bill of Rights grant supervisory employee organizations?
Represent their supervisory employee members in their employment relations, including grievances with the State. Meet and confer, upon request, with the employer prior to it’s arriving at a determination of policy or course of action. Establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of employees from membership.
47
Is management’s authority absolute?
No, 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.
48
What are the responsibilities of managers and supervisors?
Developing sound and positive 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.
49
What essential techniques do managers and supervisors need to know in regard to employee relations?
Understand and exercise management’s rights for the efficiency and effectiveness of the Department. Be familiar with labor contracts. Develop relationships with employee organization representatives. Remain alert to problems which may be brewing. Keep OER informed of significant employee relations issues and problems with contract language.
50
Can a representative’s representational activity be the basis for discipline or discharge?
No.
51
Is it true that when an employee representative is acting in that capacity, he/she is on equal ground with management?
Yes.
52
What is the definition of “ground rules”?
Parameters established by management for the conduct of employee organization business.
53
What are the roles of a supervisor in regard to employee relations?
To be a link between employees and management. To act as a member of the management team. Provide feedback for employees. To understand his/her authority. To make decisions.
54
Who is the primary link between the employee and upper levels of management?
Supervisors.
55
Who arranges and supervises representational elections for each bargaining unit?
Public Employees Relations Board (PERB).
56
An excluded employee organization is required to submit an annual registration statement to which state agency before formal recognition?
DPA.
57
What is the definition of “bona fide association”?
An organization of employees and former employees of the state including affirmative action advocacy groups and professional organizations that do not have as one of their purposes the representation of employees in their relations with the state.
58
Can a bona fide association, registered with the DPA, enter a work location without the consent of the commander?
No.
59
Shall officials and designated representatives of recognized employee organizations, including supervisory organizations be given reasonable access to work locations to meet with departmental employees on representational matters?
Yes.
60
When a representative requests permission to engage in business relating to representational matters during work hours, is the supervisor required to grant it?
Permission shall be granted promptly unless such absence would interfere with efficient operations.
61
If a supervisor does not give permission to the representative, what is the supervisor required to do?
Arrange an alternate time.
62
For what reasons could access to a work location be denied or delayed?
Safety. Security. Work load requirements. Other legitimate circumstances.
63
A recognized employee organization is allowed to post what type of material on a bulletin board?
Notices and results of any official organization committee or meeting. Notices of organization elections and their results. Notices of organization recreational and social events. Notices of other official organization business.
64
What is material that is posted on a bulletin board required to have on it?
Date and initialed by the organization representative.
65
Can management remove something from an organizational bulletin board?
Yes, but a reasonable effort to contact the organization and explain the reason for the removal should be made.
66
In regard to the previous question, what happens if the organization refuses to remove the material from the bulletin board?
Management retains the final authority for removal.
67
Can employees conduct or participate in employee organization business activities during assigned work hours?
No.
68
What is the definition of non-working hours?
Lunch periods, rest breaks, and time before and after work.
69
When can the solicitation for membership at the work location take place?
During non-working hours.
70
When can a recognized employee representative distribute organization literature before or after working hours or during meal periods in non-working areas?
After requesting and being granted access.
71
What does an employee representative have access to, without cost, in order to conduct employee relations business?
State telephones, as long as there is no toll charge.
72
Can state vehicles be used for transportation by employees or employee organization representatives while participating in representational or employee organization business?
No.
73
Departmental duplicating equipment shall not be used for what type of activity?
Copy or duplicate personal or employee organization business.
74
What does an employee organization representative need to do in order to use departmental audio-visual equipment?
Make request in advance to the commander.
75
Can employee organizational material be sent through State or departmental mail?
No.
76
What requirements must be met in order for an employee organization to use state facilities for organization meetings?
Request must be made by an authorized representative of the organization to the commander. The employee organization must provide reasonable advance notice prior to the date the facility is to be used. An employee organization may schedule the use of the facility prior to the start, or at the conclusion of Division/Area/Section/Unit meetings, training days, etc. Employees attending these meetings shall do so voluntarily and shall attend on their own time.
77
What is the primary consideration when approving requests for the use of release time?
Needs of the command.
78
What is the definition of state release time?
State time which shall only be utilized for representational purposes as permitted by the contract and/or departmental policy.
79
What provision allows employees to contribute leave credits into a contributory time bank that is used by employee organization representatives for conducting union business when authorized by the appropriate employee organization?
Contributory time bank.
80
What provision found in some contracts permits representatives to utilize a reimbursable paid leave of absence (paid by the exclusive representative) for employee organization business which does not qualify as State release time.
Reimbursable paid leave of absence (Union Leave)?
81
How many hours of State release time does the Department allow the CAHP Supervisors’ Council Director and members per representational activity to meet with the Field Division commanders in their area of primary responsibility?
Up to four hours.
82
How many full shifts of State release time is the Council Director given per month and per quarter to attend the CAHP Board of Directors’ meeting?
Two full shifts per month and two full shifts per quarter for the meeting.
83
Is state release time for representational purposes subject to restrictions?
Yes, it is restricted to representation within the representing employee’s area of primary responsibility.
84
Who as the authority to grant/deny state release time?
Supervisor.
85
Can employees use state release time to attend employee organization meetings?
No, shall be done voluntarily and on their own time.
86
Is state release time authorized for an employee to meet with an organization representative on a representational matter off-site?
No, must be at the work site to use state release time.
87
Travel time is allowed provided it can be accomplished within the amount of authorized state release time except for travel to what type of representation activity?
Interrogation representation.
88
Who can extend the limits on use of State release time by employees and employee representatives?
Management.
89
Can state release time be granted to an employee that wishes to confer with a designated employee organizational representative about a grievance/complaint or representational matter during assigned working hours?
Yes, with supervisors approval.
90
Does an employee have the right to secure the assistance of a representative during the preparation and presentation of a complaint or grievance?
Yes, but usually are only allowed up to four hours for each level.
91
Does an employee who represents himself/herself in a grievance/complaint have a right to state release time for preparation?
No.
92
Employee contributions into a contributory time bank must be increments of how many hours?
One hour, except holiday credits must be a minimum of eight hours.
93
Can sick leave credits be donated to the contributory bank?
No.
94
Who monitors donations and withdrawals from each bargaining unit’s contributory time bank?
Office of Employee Relations.
95
How are donations made by employees to their respective contributory time bank?
Utilize a CHP 415.
96
What is a CHP 212?
Non-automated Personnel Contributory Time Bank form.
97
What is the CHP 212 used for?
Way for non-automated employees to donate and use time from their bargaining units contributory time bank.
98
What is reimbursable paid leave of absence (Union Leave)?
A representative’s paid leave of absence that is paid by the exclusive representative organization.
99
Who is eligible to take reimbursable paid leave of absence (Union Leave)?
Represented employees who have permanent civil service status in their classifications and who are either designated representatives, officers, or bargaining council members.
100
Who can approve/disapprove the use of union leave?
Supervisors and managers.
101
What three factors should a manager or supervisor look at when determining to approve or disapprove the use of union leave?
The timing Merit Salary Adjustment. Employee job performance. Operation/program considerations such as workload, assignment, and replacement.
102
Where does a request for paid leave of absence originate from?
The exclusive representative organization.
103
If a supervisor is unable to approve a request for union paid leave, who will communicate the reason for disapproval to the exclusive representative?
Office of Employee Relations.
104
Are there any minimum or maximum periods for reimbursable paid leave (Union Leave)?
There are no specific contractual requirements but the leave should not be less than one day and not more than one year in duration.
105
Requests for union leave are retained at the command level for how long?
12 months from the date of the request.
106
Requests for union leave are retained at the Office of Employee Relations for how long?
3 years.
107
When requesting state release time, a representative is required to inform their supervisor of what?
The reason for that state release time and the amount of time needed based upon the general purpose for the state release time.
108
Requests for the use of state release time for meet and confer purposes is required to be submitted to whom?
Appropriate commander.
109
Request for time off which will be charged to an employee organization bank shall be made to whom?
Representative’s supervisor.
110
Are there any specific advanced notification requirements for the use of reimbursable paid leave (Union Leave)?
No, but should give two to four weeks notice under normal circumstances.
111
Are there any special reporting procedures for the use of state release time?
Yes, a CHP 61 is to be completed by all departmental representatives that provide representation on behalf of a recognized employee organization.
112
Completed CHP 61s are required to be submitted to a supervisor within what time frame?
Two working days following the date of representation.
113
What is the grievance/complaint procedure?
Is the problem solving mechanism between the state and its employees.
114
What process may employees utilize to allege a violation of contract of policy?
The grievance/complaint process.
115
What is a grievance?
A violation of the contract/MOU alleged by an employee.
116
What is a complaint?
A violation of departmental policy or procedure alleged by an employee.
117
What are some examples of a grievance?
Denial of representation during the grievance procedure. Denial overtime compensation provided by the contract. Annual performance evaluations.
118
What are some examples of complaints?
Allegation that an Officer must work graveyard shift alone. Denial of hardship transfer.
119
What does the grievance procedure for an excluded employee involve?
Disputes over statutes, regulations, policies, or practices.
120
What are some examples of a excluded employee grievance?
Denial of overtime. Denial of transfer. Request to remove censurable Incident Report.
121
When can an employee initiate a grievance/complaint?
When he/she believes that a contract provision or departmental policy has been misapplied or misinterpreted.
122
How many levels are there in the grievance/complaint process?
Five (Informal level, level 1, level 2, level 3, level 4).
123
What is the informal level?
Requires an informal discussion between the immediate supervisor and grievant/complainant.
124
What is level 1?
Area/Section/Bureau level.
125
What is level 2?
The Division commander level.
126
What is level 3?
Office of the Commissioner.
127
What is level 4?
Director of DPA – the last level of appeal for excluded employee grievances.
128
What is the highest level of appeal for a complaint?
Level 3 – Office of the Commissioner.
129
Most employee grievances/complaints relate to an action or decision by whom?
Supervisor.
130
Who is in the best position to resolve issues because they are the most familiar with the employee and the background of the issue?
Supervisor.
131
Should grievances and complaints be handled at the lowest level?
Yes.
132
How many stages does a grievance/complaint have to go through before becoming formal?
Three.
133
What is stage 1?
When an employee becomes irritated by a job-related problem.
134
What is stage 2?
When an employee begins to complain about the problem to the supervisor, other employees or a representative.
135
What is stage 3?
When the employee becomes disturbed enough to initiate the grievance/complaint procedure.
136
Do employees have the right to confidentiality during the grievance/complaint process?
Yes.
137
If represented employees are not satisfied with the first four levels of the grievance/complaint procedure, what is the next step?
Arbitration.
138
At what level is an initial decision made in regard to a grievance/complaint and who makes it?
The informal level, made by the immediate supervisor.
139
Is the grievant/complainant required to attend the informal discussion?
No, the employee representative may attend in his/her place.
140
Is written supervisory documentation required at the informal level?
No, but it is recommended.
141
Is the informal response from a supervisor written or verbal?
Usually verbal.
142
If an employee is dissatisfied with the decision made by a supervisor at the informal level, what may he/she do next?
File a written formal grievance.
143
What should a commander do if an employee files a written formal grievance without having an informal discussion with the immediate supervisor?
Return the grievance/complaint to the employee or their representative and explain the informal level.
144
What are the three elements that must be included on a formal grievance/complaint?
Alleged violation. Statement of the problem. Proposed remedy.
145
The response to a formal grievance/complaint should be concise and include what elements?
Introduction. Management’s Position. Decision.
146
Should management respond to expanded allegations as it goes through the appeal process?
No.
147
Can an employee file a grievance/complaint on the basis of suspicion?
No.
148
What are the two outcomes of a grievance/complaint?
Revealed that a contract provision or policy violation existed. If so the error must be admitted and a remedy provided. The grievance/complaint is denied.
149
Who is responsible for specifying the contract or policy violation in a formal grievance/complaint?
The filing employee or representative.
150
What form are grievances/complaints filed on?
CHP 94, Employee Grievance/Complaint.
151
Who is responsible for moving an appeal pf a grievance/complaint through the designated levels?
The grievant/complainant or recognized employee organization.
152
Can a grievant utilize departmental clerical assistance or state equipment in formalizing his/her appeal at any step in the grievance/complaint process?
No.
153
Disputes regarding appeals of layoff, appeals of transfer, petitions to set aside resignation, and appeals for reinstatement after automatic resignation shall be filed in writing directly to whom?
Director of DPA, with a copy to the Commissioner.
154
Non-merit statutory appeals can be assigned to whom for investigation?
Administrative Law Judge.
155
Grievance/complaint folders are to be physically located apart from what type of folders?
Field folders and field subject folders.
156
Grievance records are retained by the affected command for how long?
Three years following the date of the final action.
157
Complaint records are retained by the affected command for how long?
One year following the date of the final action.
158
Headquarters Central Files is required to retain grievance records for how long?
Five years following the date of final action.
159
Headquarters Central Files is required to retain complaint records for how long?
Three years following the date of final action.
160
What is the definition of an excluded employee grievance?
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 DPA.
161
An immediate supervisor of an excluded employee has how long to render his/her decision in regard to an informal discussion of a grievance?
Five days, in writing or verbal.
162
Can an excluded employee file a formal written grievance without going through the informal discussion level?
No.
163
If an excluded employee is not satisfied with the informal discussion decision, they have to file a formal written grievance no later than when?
Ten days after the event or circumstances occasioning the grievance. 1 days after the employee becomes aware of the event or circumstances. Within five days of the decision rendered in the informal grievance procedure, whichever is later.
164
Within how many days after receipt of the formal grievance, the person designated by the Department head as the first level of appeal shall respond in writing to the grievant?
1
165
If the grievant is not satisfied with the decision rendered in level 1 or level 2, the grievant may appeal the decision within how many days?
1 days.
166
Within how many days after receipt of the appealed grievance, the person designated by the Department head as the second or third level of appeal will respond in writing to the grievant?
Within 15 days.
167
If the grievant is not satisfied with the decision rendered at level 3, the grievant may appeal the decision within 1 days to whom?
Director of the DPA.
168
What level is the final level in the excluded employee appeal procedure?
Level 4.
169
Within how many days does the Director of DPA have to respond in writing to the grievant?
Within 2 days.
170
Can an excluded employee’s immediate commander act upon a grievance that involves departmental policy?
No, grievant should appeal the grievance to the next level.
171
Can a commander forward grievances to the next level of appeal on the employee’s behalf?
No.
172
What is the definition of arbitration?
Third party settlement of disputes between groups or individuals outside a court of law.
173
What are the two types of arbitration?
Interest Arbitration. Rights/Grievance Arbitration.
174
What is the definition of interest arbitration?
Occurs when negotiations have come to an impasse. An arbitrator is called in to resolve the issue.
175
Does the Dills Act mandate interest arbitration in California?
No.
176
What is the definition of rights/grievance arbitration?
Used most commonly to settle disputes between parties of a contract as to its application or interpretation.
177
Do all bargaining unit contracts administered by the Department contain a grievance arbitration provision?
Yes.
178
Is arbitration voluntary in California?
Yes, mostly.
179
Compulsory arbitration, which imposes the process on the parties as a matter of law or decree is usually associated with what?
Disputes involving “essential” public services where the right to strike is curtailed by law.
180
What is the purpose of arbitration?
Provides a safety valve beyond the normal grievance procedure. Settles disputes without resorting to strikes or other disruptive job actions. Clarifies contracts or tests their application. Creates an important outlet for tension by letting parties save face through the decision of a neutral third party.
181
Is an arbitrator’s decision binding on both parties?
Yes.
182
The ruling of the arbitrator is usually called what?
Award.
183
What is the definition of mediation and concillation?
Efforts of a third party to bring the parties to an agreement on their own.
184
Does the mediator or conciliator have power to enforce a settlement?
No.
185
Can an employee appeal an issue to arbitration on his/her own behalf?
No, must be made by employee’s exclusive representative.
186
During an arbitration hearing, who serves as the states spokesperson?
Member of DPA’s legal staff.
187
When an exclusive representative serves notice on the state that it plans to take an issue to arbitration, who notifies the Department?
DPA will notify OER.
188
Once OER has been notified of the intent to arbitrate they are required to advise the affected commands within how many working days?
Three.
189
Who normally prepares the Arbitration Checklist for the Department?
OER.
190
What is the Arbitration Checklist used for?
Provides DPA with a general understanding of the issue so they can evaluate the merits of the dispute.
191
The decision of the arbitrator should be based upon what?
What he/she believes the contract intends in relation to the circumstances presented during the arbitration hearing and to proven past practices.
192
If there is a general clause and specific language in a contract, which one will supersede the other?
Specific language will control.
193
When do management and the exclusive representatives begin preparing for the next round of negotiations after completing a contract?
The day after the current contract has been signed.
194
Once the state employer and the exclusive representatives of state employees begin negotiating new contracts, state law provides that while these negotiations continue, existing practices that fall within the scope of these negotiations can or cannot be changed unilaterally?
Cannot.
195
If there is a legitimate and urgent business necessity to make a change in any matter within the scope of negotiations, who is to be contacted?
OER, then OER will contact affected exclusive representative.
196
What does the term “sunshined” mean?
Presented at public hearings and made public record.
197
Does the Dills Act require all initial bargaining proposals and counterproposals to be “sunshined”?
Yes.
198
Each “sunshine meeting” or public meeting allows for what?
Introducing initial exclusive representative proposals. Introducing initial management proposals and counterproposals. Public comment on exclusive representative or management proposal(s) or counterproposal(s).
199
Actual negotiations on the proposals from the “sunshine meeting” may not take place for how many days after there disclosure?
Seven.
200
Any subsequent proposal brought up after the “sunshine meeting” must be placed in the public record within how many hours after they are presented during negotiations?
48 hours.
201
What form was developed for managers and supervisors to submit recommendations for changes/additions/deletions to contacts?
The management proposal form (OER Form #14-4).
202
What agency is designated by the Governor as the state’s chief negotiator?
DPA.
203
The State Employer is only obligated to negotiate which matters?
Wages. Hours. Other terms and conditions of employment.
204
Disputes over whether a matter is a mandatory subject of bargaining should be brought to whom?
Public Employee Relations board (PERB).
205
What is the definition of impasse?
The inability of the parties to reach an agreement during negotiations.
206
If the parties cannot reach an agreement when negotiating contracts, what is the next step?
Mediation.
207
Does the Dills Act require mediation to resolve disputes in contract negotiations?
Yes, failure to do so could be considered an unfair labor practice.
208
Who acts as the mediator in a contract dispute?
Both parties can seek a mediator or request PERB to appoint one.
209
If a contract concerns budgetary or other matters over which the Legislature has control, who must approve the contract before it can take effect?
The Legislature.
210
When can the provisions of a contact be changed once it has been approved?
By mutual agreement between the employer and the exclusive representative.
211
Can non-emergency changes affecting working conditions occur immediately without written notice of the change in working conditions?
No, written notice of the proposed change and the implementation date shall be given to the employee representative. Commanders are also required to meet and confer with the employee representative if requested.
212
Upon request, is the state required to meet and confer with employee organizations representing supervisory employees?
Yes.
213
What are unfair labor practices?
Actions taken by the employer or exclusive representatives which violate the rights guaranteed by the Dills Act.
214
Under the Dills Act, it is unlawful for the State Employer to do what?
Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by the Dills Act. Deny to exclusive representatives rights guaranteed by the Dills Act. Refuse or fail to meet and confer in good faith. Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. Refuse to participate in good faith in the mediation procedure.
215
Under the Dills Act, what is illegal for an employee organization to do?
Cause or attempt to cause the state to commit an unfair labor practice. Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by the Dills Act. Refuse to participate in good faith in the mediation procedure.
216
What is the first step in the filing an unfair labor practice allegation.
File complaint with PERB.
217
What is PERBs first step once it receives an allegation of an unfair labor practice?
Allegation is screened by a PERB Regional Attorney who conducts and investigation to determine if there is sufficient evidence to support the charge.
218
If a prima facie case exists, what does the PERB Regional Attorney do?
Files a complaint in which DPA has to respond stating the Department’s defense.
219
After considering DPA’s response, what can PERB do?
Drop the case. Sets an informal conference to resolve the matter.
220
In regard to the previous question, what occurs if the matter is not resolved during the informal conference?
A formal hearing is scheduled.
221
In a formal PERB hearing, who presides over the hearing?
Administrative Law Judge.
222
Can PERB’s final ruling in an unfair labor practice hearing be appealed?
Yes, through the judicial process.
223
What are four possible remedies for parties committing an unfair labor practice?
Cease and desist. Post a written notice – guilty party may have to post a declaration of guilt. Reinstatement of employee with full seniority. Back pay may be awarded if an employee was discriminatorily fired, denied pay, or suffered a job related action based upon union membership or support.
224
Which departmental employees are excluded from the collective bargaining process by the Dills Act?
Excluded employees.
225
Who is responsible for administering the compensation, benefits, and terms, and conditions or employment governing employee relations for the employees excluded from collective bargaining?
DPA.
226
Are supervisors restricted in their representational rights under the Dills Act?
No, however supervisory issues are totally separate from those of rank-and-file employees.
227
All matters relating to employment conditions and supervisory employer/employee relations encompassing wages, hours, and other terms and conditions of employment.
What is the scope of representation for supervisory employees?
228
Do departmental managers have any representational rights under the Dills Act?
No.
229
What does the Departments Management Compensation Committee do?
Formulate and recommend various forms of compensation and benefits for Departmental managers.
230
What is the function of the Management Compensation Committee?
Act as an advisory committee, accountable for the formulation of recommendations for managerial compensation.
231
What is the role of the Management Compensation Committee?
Oversee the Department’s management compensation plan. Formulate and prioritize proposed managerial compensations and benefits. Make recommendations to the Commissioner for consideration and submission to DPA.
232
Can an employee arbitrarily be removed from a specialty pay position?
No, there must legitimate cause to take such an action.
233
What is the definition of “cause”?
Articulable reason why an employee cannot continue to perform in the specialty pay assignment safely and/or effectively.
234
Before removing any employee for cause from any specialty pay position, approval must be obtained from whom?
Assistant Commissioner.
235
An employee removed from a specialty pay position has what right?
To have an administrative hearing.
236
Can an employee be removed from a specialty pay assignment as a penalty from an adverse action?
Only if the adverse action is related to the employees inability to perform their specialty assignment.
237
What must a commander do once he/she receives verbal approval to move forward with removing an employee from a specialty pay assignment?
Prepare a Preliminary Memorandum of Removal.
238
Who is the Preliminary Memorandum of Removal directed to?
The affected employee.
239
What is the Preliminary Memorandum of Removal designed to do?
Provide an employee and subsequent review levels with a synopsis of the action to be taken.
240
What elements must be contained in the Preliminary Memorandum of Removal?
Date and location of temporary assignment. Problem summary.
241
Represented employees removed for cause from a specialty pay position without an adverse action may file an appeal utilizing what procedure?
Grievance procedure.
242
Excluded employees removed for cause from a specialty pay position without an adverse action may file an appeal utilizing what procedure?
Grievance and appeal procedure.
243
Employees who have been removed for cause and served with an adverse action may file a written appeal to whom?
State Personnel Board.
244
Can an employee removed from a specialty pay position due to removal of equipment due to operational necessity file an appeal?
No.
