HPM 9.1 - EMPLOYEE RELATIONS MANUAL Flashcards by Christopher Smith

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 1 EMPLOYEE RELATIONS WITHIN THE CALIFORNIA HIGHWAY PATROL

______ and ______ are responsible for seeing that the employee relations policies of the California Highway Patrol (CHP) are properly administered.

Managers and Supervisors

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 1 EMPLOYEE RELATIONS WITHIN THE CALIFORNIA HIGHWAY PATROL

California Highway Patrol management administers contracts in ______ of the ______ bargaining units.

12 of the 21

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 1 EMPLOYEE RELATIONS WITHIN THE CALIFORNIA HIGHWAY PATROL

______ ______ (CI) are departmental specific communications available on the CHP Intranet on the OER Web page to all managers and supervisors.

Contract Interpretations

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 1 EMPLOYEE RELATIONS WITHIN THE CALIFORNIA HIGHWAY PATROL

Each headquarters and Field command should maintain a library of all current CIs, filed adjacent to the ______. The CIs should be referenced to ensure the consistent interpretation and application of the negotiated language.

Contracts

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 1 EMPLOYEE RELATIONS WITHIN THE CALIFORNIA HIGHWAY PATROL

Employee Organization / Exclusive Representative is:

The CAHP

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

RALPH C. DILLS ACT – SB 839, the State Employer-Employee Relations Act (SEERA), by Senator ______ ______. ______.

Ralph C. Dills

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

The SEERA became effective (Date) ______ ______, ______.

Later named the ______ Act.

July 1, 1978

The Dills Act

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

Under this law, (SEERA) elected representatives of represented employees are recognized and deal as ______ with the employer in determining ______,
______, and other ______ and ______ of employment.

Equals

Wages

Hours

Terms and Conditions

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

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

Collective Bargaining

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

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

Represented

Exclusive Representative

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

Excluded Employees’ Bill of Rights. Under this statute, supervisory employees have the right to be represented regarding all matters related to ______ ______ and supervisory ______-______ ______.

Employment Conditions

Employer-Employee Relations

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

POBR – Public Safety Officers’ Procedural Bill of Rights Act. Government Code Section 3303(i) provides a statutory right to a ______ of the officer’s choice upon the filing of a______ ______ ______ of charges or whenever an interrogation focuses on matters which are likely to result in ______ action (Punishment)…

Representative

Formal Written Statement

Punitive

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

By policy, the Department has extended the protection of the Public Safety Officers’ Procedural Bill of Rights (POBR) to ______ ______.

All Employees

Check this answer (It used to exclude Cadets)

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

The ______ Rule established the right of a bargaining unit employee to be assisted by a union representative at an investigatory interview to which the employee has been summoned by management, when the employee reasonably believes ______ action may result from the interview.

Weingarten Rule

Disciplinary

Based on a Supreme Court decision in National Labor Relations Board (NLRB) V. WEINGARTEN, INC., a private sector case.

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

If there is a conflict between departmental policy and the provisions of a negotiated contract, the ______ shall be controlling.

Contract

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

“Represented employee” means an employee who is not designated as ______, ______, ______, or ______ under the Dills Act.

Supervisory

Managerial

Confidential, or

Excluded

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

Another name for represented employee is ______ -and-______ employee.

Rank-and-File

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

“______ Employee” means managerial, confidential, or supervisory employees.

Excluded Employee

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 2 HISTORY OF CALIFORNIA’S EMPLOYEE RELATIONS LAWS

______ employees are not entitled to bargaining units, exclusive representation, contracts, or the right to file an unfair labor practice charge.

Supervisory

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 3 MANAGEMENT RIGHTS

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.

Equal Ground

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 3 MANAGEMENT RIGHTS

A representative’s representational activity may not be the basis for ______ or ______.

Discipline or Discharge

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 3 MANAGEMENT RIGHTS

Keep records of the amount of time the representative spends away from regular work assignments by utilizing the ______.

CHP 610, Representation Reporting

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 3 MANAGEMENT RIGHTS

In a meeting with a representative, if there is a big disagreement, It may be better to ______ and ______ when both sides have had a chance to reevaluate their positions and meet again under more favorable circumstances.

Adjourn and

Reconvene

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 3 MANAGEMENT RIGHTS

ROLE OF THE SUPERVISOR: Five (5) things

Link Between Employees and Management.

Member of the Management Team.

Providing Feedback from Employees.

Authority of Supervisors.

Decision Making.

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HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 4 EMPLOYEE ORGANIZATIONS ***NOT NEEDED***

***NOT NEEDED***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Officials and designated representatives of recognized employee organizations, including supervisory organizations, shall be permitted ______ ______ to work locations to meet with departmental employees on ______ matters.

Reasonable Access Representational

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES A representative desiring access to a work location must state the purpose and request approval from that location’s ______ or designee within a reasonable amount of time prior to an intended visit.

Commander

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES A representative must also obtain permission from their ______ ______ to engage, during working hours, in business relating to representational matters.

Immediate Supervisor

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Permission to engage in such activity shall be ______ promptly unless such absence would interfere with ______ ______. If permission is denied, an alternate time will be arranged.

Granted Efficient Operations

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Where access is denied, ______ ______ should be provided to allow representatives an opportunity to communicate with employees (e.g., establishing employee organization meeting rooms, providing space in a cafeteria or elsewhere in the facility).

Reasonable Alternatives

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES A recognized employee organization (CAHP) may use existing employee organization bulletin boards to post information or materials concerning the following subjects: Four (4) things

Notices and results of any official organization COMMITTEE OR MEETING. Notices of organization elections and their results. ELECTIONS and RESULTS Notices of organization recreational and social events. RECREATIONAL and SOCIAL EVENTS Notices of other official organization business. OTHER OFFICIAL ORGANIZATION BUSINESS

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Any materials posted shall be ______ and ______ by the organization ______, and a copy of all materials posted shall be provided to the commander or their designee at the time of posting.

Dated and Initialed Representative

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Materials posted shall not be ______, ______, ______ or of a ______ ______ nature.

Libelous Obscene Defamatory Partisan Political

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES If management contemplates removing employee organization material from a bulletin board, it should make a reasonable effort to ______ the affected ______ ______ to explain the reason.

Contact Employee Organization

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES If the organization representative refuses to withdraw the material posted, ______ retains final authority for removal.

Management

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Employees shall not conduct or participate in employee organization business activities during ______ ______ ______.

Assigned Work Hours

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Employee organization business activities include those activities for which ______ time is not granted by the ______ ______ ______ Act, the ______, or departmental ______.

Release Ralph C. Dills Contract Policy

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Some examples include organization meetings, dues collection, and membership campaigns.

***INFO ONLY***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Employees’ “own ______” or “non - ______ hours” are considered to be ______ periods, ______ breaks, and time before and after ______.

"Own Time" "Non-Working Hours" Lunch Rest Work

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES An employee representative may distribute organization literature ______ or ______ working hours or during ______ and ______ periods in ______-______ areas (e.g., cafeteria, break room).

Before or After Meal and Rest Non-Working

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Employee mailboxes (CAN / CANNOT) be utilized for the distribution of organization literature.

Can

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Upon request, an employee representative shall have access, without cost, to state ______ for conducting employee relations business provided the use does not result in ______ charges or interfere with the operation of the facility or office.

State Telephones Toll Charges

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES State telephones may be utilized on previously approved ______ time or during the representative’s ______-______ hours.

Release Time Non-Working Hours

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Time expended utilizing state telephones for representational purposes on release time shall be recorded on a ______.

CHP 610, Representation Reporting

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES State vehicles (SHOULD NOT / SHALL NOT) be used for transportation by employees or employee organization representatives while participating in representational or employee organization ______.

SHALL NOT Business

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Union stewards shall be permitted ______ and ______ use of copiers and fax machines for union representational purposes provided that such use does not result in additional ______ to the state, nor interfere with state ______.

Reasonable and Occasional Costs Operations

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Use of departmental audio-visual equipment by employee organization representatives (MAY / MAY NOT) be permitted.

MAY BE

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES A request to use the equipment must be made in advance and is subject to the consent of the appropriate ______ or their designee.

Commander

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES The union shall be permitted ______ and ______ use of state electronic communications systems for communication of union activities as the Department permits for other non-business purposes.

Incidental and Minimal ***Reps can use state email*** ***Immediate Supervisor Approval Required***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Use of the state’s and Department’s internal mail systems for distribution of employee organization business (IS / IS NOT) permitted.

IS NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Correspondence delivered through the United States Postal Service addressed to a particular individual at a specific work location will be ______ and ______ to the employee unless marked “______ and ______.”

Opened and Delivered "Personal AND Confidential"

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES The union (IS / IS NOT) permitted the use of state facilities for organization meetings, subject to certain requirements. Approval is subject to the ______ needs of the Department.

IS Operational Needs

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES When an employee organization (CAHP) requests to use a state facility: The request must be made by an authorized representative of the organization to the ______ or designee. The employee organization must provide reasonable advance ______ prior to the date the facility is to be used. An employee organization may schedule the use of the facility prior to the ______, or at the ______ of Division/Area/Section meetings, training days, etc.

Commander Notice Start, or at the Conclusion of

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 5 GENERAL EMPLOYEE RELATIONS GUIDELINES Employees attending these meetings shall do so ______ and shall attend on their ______ ______.

Voluntarily Own Time

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION The needs of the ______ shall be the primary consideration when approving requests for the use of release time.

Command

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION The use of release time for employee representational matters may only be granted during an employee’s ______ hours.

Working

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Shift changes or schedule changes (ARE / ARE NOT) to be made to provide for release time.

ARE NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION In addition to state release time, there are several other alternatives available which may be utilized by employee organization representatives. These alternatives, which are discussed in detail in this chapter, include ______ time banks, ______ time banks, ______ time, and reimbursable paid ______ of ______.

Release Time Banks Contributory Time Banks Dock Time Reimbursable Paid Leave of Absence

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION State time which shall only be utilized for representational purposes as permitted by the contract and/or departmental policy is: ______ ______ ______

State Release Time

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Some contracts include a provision which allows employees to contribute leave credits into a ______ ______ bank. Time from this bank may be used by employee organization representatives for conducting union business when authorized by the appropriate employee organization.

Contributory Time Bank ***The employee gives the Rep hours to use - One (1) hour increments***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION When utilizing a reimbursable paid leave of absence for employee organization business which does not qualify as state release time, the ______ representative reimburses the Department for the employee’s salary and benefits for all the time the employee is off on the leave.

Exclusive Representative (CAHP)

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Subject to management’s approval, a reasonable number of representatives, who are employees of the state, will be allowed a reasonable amount of ______ ______ time to attend ______ -and- ______ sessions with management.

State Release Time Meet-and-Confer

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Travel time (MAY / MAY NOT) be included provided it can be accomplished within the authorized amount of state release time.

MAY BE

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION State release time for representational purposes is limited to those instances when representing an employee from the representative’s area of ______ responsibility. This is defined as headquarters’ facilities or the Area or Division office which is the representative’s ______ work location.

Primary Responsibility Permanent ***State Release Time can only be used when a Rep is Rep'ing someone from their same office. Otherwise, other banks need to be used for a Rep who is Rep'ing someone from another office***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Resident posts (ARE / ARE NOT) considered areas of primary responsibility. Employees in resident posts are to be represented by the ______ representative.

ARE NOT Area’s

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION An employee’s ______ has the authority to deny a request for state release time. Permitting or denying state release time shall be consistent with the ______ and Departmental ______.

Supervisor Contract Policy

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION No employee shall conduct or participate in the internal ______ affairs of an employee organization during assigned ______ hours.

Internal Business Affairs Working Hours

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Employees attending employee organization meetings shall do so voluntarily and shall attend on their own time unless their absence is being underwritten by a negotiated ______ time bank, ______ time bank (CTB), or union ______ leave.

Release Time Contributory Paid Leave

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION State release time (SHALL / SHALL NOT) be authorized for an employee to leave the work site to meet with an organization representative on a representational matter.

SHALL NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION If the employee requests to meet with the representative off-site, state release time (IS / IS NOT) to be granted.

IS NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION If departmental operations will permit, such a meeting may be conducted on the employee’s ______ ______ (i.e., vacation, Compensating Time Off [CTO]).

Own Time

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Travel time is allowed provided it can be accomplished within the amount of authorized ______ ______ time.

State Release Time

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Travel time (IS / IS NOT) allowed for employee interrogation representation.

IS NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Travel time (IS / IS NOT) authorized for employees participating in employee organization business.

IS NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Transportation expenses (ARE / ARE NOT) authorized for representation activities nor employee organization business.

ARE NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Time spent by employee representatives on representational activities (WILL / WILL NOT) qualify for, or result in, overtime compensation.

WILL NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Unless otherwise specified, the limits on use of state release time by employees and employee representatives may only be extended with ______ approval.

Management's

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION To be eligible for state release time, the representative should be a departmental employee of comparable designation – managers represent ______, supervisors represent ______, designated exclusive representatives represent ______ -and- ______ employees.

Managers Supervisors Rank-and-File

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Per Government Code Section 3529, ______ employees shall not participate in the handling of grievances or meet-and-confer sessions on behalf of ______-______ employees, and vice versa.

Excluded Non-Excluded ***We can't rep them and they can't rep us.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Employees may, during assigned working hours, use a reasonable amount of state release time to confer with a designated employee organization representative on a grievance/complaint or representational matter at the ______ site, subject to approval of the employee's supervisor. The intent of this policy is to provide state release time for only ______ representative at a time per ______.

Work One Issue

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Managers and supervisors should always refer to the employee's ______ for rules governing representation and state release time in the grievance process.

Contract

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION An employee has the right to secure the assistance of a representative of their ______ ______ in preparing and presenting a grievance or complaint.

Own Choosing

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Assistance by the employee's representative may be provided at the ______ stage and ______ levels of appeal of the grievance or complaint procedure.

Informal All

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Normally, up to a maximum of ______ hours may be authorized to prepare and present a grievance/complaint at the ______ level and each formal ______ level in the grievance and appeal procedures.

Four (4) Hours Informal Appeal

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION When the representative has not been designated by an ______ ______, neither the employee nor the representative receives state release time for preparation.

Employee Organization

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION If ______ elects to call a meeting to discuss the grievance or complaint, both departmental employees (Employee and Outside Rep) receive state release time to meet with management.

Management

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION An excluded employee may represent another departmental excluded employee on state release time, provided the time occurs within the excluded employee's ______ ______ ______.

Normal Work Shift

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION An excluded employee and their representative, if an employee of this Department, shall be entitled to ______ ______ time for preparing and presenting a ______ or ______ at each step in the grievance process.

State Release Time Grievance Appeal

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Generally, up to a maximum of ______ hours may be authorized to prepare and present a grievance at each level of appeal.

Four (4) Hours

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION An employee who is representing themself in a grievance or complaint (DOES / DOES NOT) have the right to state release time for preparation.

DOES NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Time off for self-representation is limited only to a reasonable amount of time, as determined by management, to meet with management. It does not include ______ or ______ time.

Preparation or Investigative

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION CONTRIBUTORY TIME BANKS (CTB)s - Some bargaining units and supervisory organizations have negotiated CTBs. Employees may voluntarily donate certain leave credits into the banks utilized by employee organization representatives for union business. o Contributions must be in ______-______ increments o Holiday credits must be in ______ -______ increments o Sick leave credits (MAY / MAY NOT) be donated. o Once a donation is made, it is ______.

One (1) Hour Eight (8) Hour MAY NOT Irrevocable

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Donations may be made by utilizing the daily ______.

CHP 415, Daily Field Record

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Time to be donated shall be entered in Section 3, Regular Work Shift, Other Code "S," with the number of hours to be donated entered in the Regular Work Shift column. One of the following letters shall be entered next to the Other Code "S": (C.A.P.) “C” - CTO Credit Donations “A” - Vacation/Annual Leave Credit Donations “P” - Personal Leave Credit Donations

***INFO ONLY***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION To utilize time from the contributory bank, an authorized employee must provide reasonable advance notice of their request to the ______. If approved, the employee shall complete a ______.

Supervisor CHP 610, Representation Reporting

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION The ______, is used to donate and withdraw time for nonautomated employees.

CHP 212, Nonautomated Personnel Contributory Time Bank

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION An employee may donate to a CTB by submitting a completed CHP 212 to their ______ for command review. The supervisor is responsible for forwarding a copy directly to the ______ of ______ ______ (OER). The employee is responsible for forwarding a copy of the form to the appropriate employee organization (CAHP).

Supervisor Office of Employee Relations

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION To utilize time from the CTB, an authorized employee must provide reasonable advanced ______ of their request to the ______. Upon approval, the employee shall complete a ______, providing one copy to the supervisor for command review, and one copy to the employee organization (CAHP).

Notice Supervisor CHP 212 ***The supervisor sends the CHP 212 directly to OER***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION UNION LEAVE: Pursuant to the appropriate contract, representatives (Reps) of certain exclusive representatives (CAHP) are permitted to take paid leaves of absence to participate in organizational activities. The exclusive representative (CAHP) will ______ the state for the paid leave of absence time spent away from work on organizational issues.

Repay

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Reimbursable paid leave of absence may only be granted to represented employees who have: permanent ______ ______ ______ in their classifications, and who are either designated ______, ______, or bargaining ______ ______.

Civil service status Representatives Officers Council Members

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION The granting or denying of a reimbursable paid leave of absence request is at the discretion of the ______ or designee. The Department has authorized ______ and ______ to approve/disapprove reimbursable paid leaves of absence.

Commissioner Supervisors and Managers

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION The following factors are appropriate to consider when reviewing a leave of absence request: Three (3) things

 The timing of a Merit Salary Adjustment.  Employee job performance.  Operational/program considerations such as workload, assignment, and replacement.

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Duration of Leave: While there are no specific contractual requirements establishing minimum or maximum periods for paid leave of absence, leaves should not be less than ______ ______ in duration and not more than ______ ______ at a time.

One (1) Day One (1) Year ***Once the period of leave is established and granted, the employee will have no right to return earlier than the established date without the expressed approval of the employee’s appointing power.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Designated employee organization representatives are occasionally involved in other activities on behalf of their membership that require the use of time. These activities include such matters as ***legislative representation*** and ***organization meetings.*** Informal leave (______ time), ______ time, or a reimbursable paid ______ ______ ______ for participation in such activities is permitted, consistent with the needs of the command. These activities will not be conducted on ______ ______ time.

Dock Time Bank Time Leave of Absence State Release Time

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION REQUESTING TIME OFF: ***Representational Purposes.*** When a representative requests state release time, the representative shall inform their ______ of the reason (i.e., grievance, adverse action) and the amount of time needed based upon the general purpose for the ______ ______ time.

Supervisor State Release Time

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION REQUESTING TIME OFF: ***Meet-and-Confer.*** Requests for the use of state release time for meet- and-confer purposes shall be submitted to the appropriate ______. Such requests should be in ______ and should include the subjects to be discussed, the ______ of persons planning to attend, and the ______ of departmental employees for whom state release time is requested.

Commander Writing Number Names

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION REQUESTING TIME OFF: ***Bank Time.*** Request for time off which will be charged to an employee organization bank shall be made to the representative's ______. Approval of time off is subject to the needs of the ______.

Supervisor Command

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION REQUESTING TIME OFF: ***Reimbursable Paid Leave of Absence.*** Procedures for Requesting Leave. An eligible employee may request a reimbursable paid leave of absence by submitting a completed ______ to their ______. The supervisor's decision on whether the leave is approved should be made as soon as ______, and prior to the scheduled leave date(s).

CHP 614, Reimbursable Paid Leave of Absence Request Supervisor Possible

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION REQUESTING TIME OFF: ***Reimbursable Paid Leave of Absence.*** There are no specific advance notification requirements contained in the contract for requesting a paid leave of absence. The more advance notice the exclusive representative provides, the greater the ability the Department has to grant a request. Depending upon the employee's work assignment and length of leave requested, a ______ - ______- week prior notice should be the minimum under normal circumstances.

Two (2) Four (4)

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION REQUESTING TIME OFF: ***Dock Time or Leave of Absence.*** An employee organization representative anticipating the use of informal leave time shall reach firm ______, in advance, with their ______, as to scheduling priorities.

Agreement Commander

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION A ______ shall be completed by all departmental employees who provide representation for employees or on behalf of a recognized employee organization. ______ ______ time, ______ time, or time from a release time ______ utilized for these purposes is to be entered to the nearest ______-______.

CHP 610, Representation Reporting State Release Time Dock Time Bank Half-Hour

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION Completed forms are to be submitted to the ______ within ______ ______ days following the date of representation.

Supervisor Two (2) Working Days

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION The ______ is responsible for ensuring a CHP 610 is completed for ______ representational activity, in addition to verifying the information on the form is complete and accurate.

Supervisor Each

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 6 RELEASE TIME/USE OF STATE TIME FOR REPRESENTATION After approval, the CHP 610 will be routed from the command, with the corresponding CHP 415, directly to ______ of ______ ______ (OER) and a copy retained at the command.

Office of Employee Relations

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING The ______/______ 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.

Grievance / Complaint Confidentially

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING A ***represented employee*** GRIEVANCE alleges a violation of the ______.

Contract

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Examples of ***represented employee*** grievances are: Denial of ______ during the grievance procedure. Denial of ______ compensation provided by the contract. Annual Performance ______.

Representation Overtime Evaluations

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING The COMPLAINT procedure for ***represented employees*** settles disputes over ______ or ______.

Policy Procedures

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Examples of ***represented employee*** complaints are: Allegation that an officer must work a ______ shift alone. Denial of ______ transfer.

Graveyard Hardship

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING The grievance procedure for ***excluded employees*** involves disputes over ______, ______, ______ or ______.

Statutes Regulations Policies Practices

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Examples of ***excluded employee*** grievances are: o Denial of ______. o Denial of ______. o Request to remove ______ incident report.

Overtime Transfer Censurable

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Normally, a grievance/complaint progresses through the following levels: Five (5) Levels

Informal Level Level 1 Level 2 Level 3 Level 4

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Informal Level*** This level requires an ______ discussion between the immediate ______ and grievant/complainant and/or their representative.

Informal Supervisor

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Level 1*** Area section / ______: In those cases where the employee’s immediate supervisor is also the Area or section commander, the formal grievance/complaint shall initially be filed at ______.

Commander Level 2

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Level 2*** Division commander - ______. In those cases where the employee’s immediate supervisor is also the Division commander, the formal grievance/complaint shall initially be filed at ______.

Chief Level 3

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Level 3*** Office of the ______. This is the ______ level of appeal for ***represented employee*** complaints.

Commissioner Last

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Level 4*** Director of the California Department of ______ ______. This is the last level of appeal for ***excluded employee*** grievances.

Human Resources (CalHR)

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Resolution at Lowest Level: Most employee grievances/complaints relate to a ______'s action or decision. The ______ is, therefore, in the best position to resolve the issue since they are the most familiar with the employee and the background of the issue.

Supervisor's Supervisor ***A grievance/complaint which may otherwise require extensive research may potentially be resolved by explaining the legitimate business reasons for the challenged action/decision or by reversing an improper or incorrect decision.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Confidentiality: All employees have the right to ______ during the grievance/complaint process. ______ and ______ should remember this when investigating and processing grievances/complaints.

Confidentiality Managers and Supervisors

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING If the responses from the first four levels are unsatisfactory to the grievant and/or the grievant’s exclusive representative, most grievances for represented employees may be elevated to ______.

Arbitration

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Since considerable time may lapse between the initial incident causing the grievance and the arbitration hearing, managers and supervisors are encouraged to ______ pertinent information on each grievance.

Document

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***STEPS OF THE GRIEVANCE/COMPLAINT PROCEDURES.*** ***Informal Discussion*** The first step to initiate the grievance/complaint procedure is an ______ ______ between the employee and the employee’s immediate ______. The employee’s statement and the supervisor’s response at the informal level should normally be ______.

Informal Discussion Supervisor Verbal ***The purpose of this discussion is for the employee to explain the problem to their supervisor.***

Possible

Discussion

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***STEPS OF THE GRIEVANCE/COMPLAINT PROCEDURES.*** ***Informal Discussion*** In exceptional cases where strong emotions exist between the employee and the supervisor; the representative, if requested by the employee, may act as a ______ for the grievant/complainant during the discussion. This will allow discussion of the issue without the employee getting into an ______ with the supervisor. If this is not feasible, it may be necessary for the representative to handle the issue ______.

Spokesperson Argument Alone

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***STEPS OF THE GRIEVANCE/COMPLAINT PROCEDURES.*** ***Informal Discussion*** The employee should be given a full and complete ______ on the issue whether or not the grievance / complaint appears to have merit on the surface.

Hearing

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***STEPS OF THE GRIEVANCE/COMPLAINT PROCEDURES.*** ***Informal Discussion*** Discussion of suggested ______ should be encouraged. By analyzing them, downfalls may be pointed out which would prohibit implementing them.

Solutions

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***STEPS OF THE GRIEVANCE/COMPLAINT PROCEDURES.*** ***Informal Discussion*** A time should be set to respond ______ to the grievant/complainant.

Verbally

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Investigating the Grievance/Complaint at the Informal Level.*** It is extremely important to thoroughly investigate all grievances/complaints at the ______ level. All facts and circumstances must be verified before issuing a ______ response. Once a ______ grievance/complaint is filed, it is much more difficult to resolve.

Informal Level Verbal Response Written

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Investigating the Grievance/Complaint at the Informal Level.*** Extensive written documentation (IS / IS NOT) required at the informal level, although keeping a written record for future reference may be to the supervisor’s advantage.

IS NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Investigating the Grievance/Complaint at the Informal Level.*** Issuing the Informal Response: Before issuing a decision, the supervisor may want to discuss it with other members of the ______ team. The informal ______ response should be issued as quickly as the investigation can be completed.

Management Verbal

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Investigating the Grievance/Complaint at the Informal Level.*** Adjusting a Grievance/Complaint: If the informal discussion reveals a contract provision or policy violation, the error must be ______ and a ______ provided to correct the situation.

Admitted Remedy

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Investigating the Grievance/Complaint at the Informal Level.*** If a grievance/complaint is denied, the reasons for the denial should be ______ to the employee. If the decision calls for changes to be made, action should be taken as ______ as possible.

Explained Promptly ***Delaying the implementation of a remedy may cause a new grievance/complaint.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Investigating the Grievance/Complaint at the Informal Level.*** Submission of Written Grievance/Complaint without Informal Discussion: If a formal written grievance/complaint is submitted when an informal discussion has not occurred, the commander should ______ the grievance/complaint to the employee or the representative who has filed it prior to conducting an investigation or issuing a response.

Return ***The employee/representative should be advised of the requirement for an informal discussion.*** ***Accepting a written grievance/complaint without this informal level circumvents the process and eliminates the opportunity to respond informally to the concerns of the employee.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Investigating the Grievance/Complaint at the Informal Level.*** If an employee/representative insists on submitting the grievance/complaint without an informal discussion after it’s been returned to them, it should be ______. The grievance/complaint should be ______ based upon the technical error that no informal discussion was held.

Accepted Denied

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Formal Grievance/Complaint.*** If the employee does not accept the informal decision, a ______ grievance / complaint may be filed by the employee.

Formal

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Formal Grievance/Complaint.*** The following information must be included on a formal grievance/complaint: Alleged Violation - specific ______ or ______ violated. Statement of the ______. Proposed ______.

Provision or Policy Problem Remedy ***An investigation should be conducted at each level of the process regardless of the thoroughness of the investigation done at the previous level.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Formal Grievance/Complaint.*** The response to a formal grievance/complaint should be concise and include the following elements: ______: An introductory statement referencing the grievance/complaint and the issue in dispute. ______ Position: The facts, history, applicable contract provisions, policies and/or past practices should be explained along with justification for the decision. ______: If there has been a violation and management can grant the proposed remedy, the grievance/complaint should be granted. When a personnel action is required, a request must be initiated through channels for the appropriate action to implement the decision. If there has been no violation or the remedy cannot be granted, the grievance/complaint should be denied.

Introduction Management's Decision

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Formal Grievance/Complaint.*** It is not ______ responsibility to determine the alleged violation. The ______ / ______ must make that determination and document it by utilizing the proper classification (i.e., grievance or complaint).

Management's Grievant / Complainant

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Formal Grievance/Complaint.*** Management should respond only to the violation ______ in the grievance/complaint without ______ or ______.

Specified Expansion Modification

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Formal Grievance/Complaint.*** A full ______ should always be made to determine the validity of the facts and the allegations. Responding without conducting an investigation could potentially result in an ______ conclusion.

Investigation Erroneous

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Formal Grievance/Complaint.*** Sometimes the allegations are modified as a grievance/complaint progresses through the various levels of appeal. If these amended allegations are addressed, previous levels of review are ______ from investigating, and addressing the issues.

Precluded ***Management should not address allegations which have not been previously presented at the preceding levels.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Formal Grievance/Complaint.*** Important Considerations: Four (4) things detailed in the above flash cards: Avoid ______. Identify the ______. Conduct a Comprehensive ______. Do Not Respond to ______ Allegations.

Redundancy Violation Investigation Expanded Allegations

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Errors Made by Grievants/Complainants*** 1) Filing a Grievance/Complaint on the ______ Form. 2) Submission Prior to the Alleged ______. 3) ______ Grievances/Complaints. 4) Grievances/Complaints Which Do Not Meet the ______. 5) Grievances/Complaints with no Specified Contract or Policy ______. 6) Grievances/Complaints with no Specified ______.

Incorrect Form Violation Untimely Definition Violation Remedy

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Errors Made by Grievants/Complainants*** 1) Wrong Form: Management should ______ a grievance/complaint which has been submitted improperly if the grievant / complainant ______ on its submission after being advised of the error.

Accept Insists

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Errors Made by Grievants/Complainants*** 2) Prior to the Alleged Violation: Grievances/complaints filed prior to the alleged violation should be ______ as no violation has occurred.

Denied ***An employee cannot file a grievance/complaint on the basis of suspicion.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Errors Made by Grievants/Complainants*** 3) Untimely Grievances/Complaints: Even if a grievance/complaint is not filed within the appropriate time limits per the contract, it should still be ______ by the appropriate level, but ______ because of its untimeliness.

Accepted Denied ***The issue of dispute should still be addressed in the grievance/complaint response since the reason for the procedure is to resolve problems.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Errors Made by Grievants/Complainants*** 4) Grievances/Complaints Which Do Not Meet the Definition: Grievances/complaints which do not allege a violation of the contracts or departmental policy (for represented employees) or of regulations, rules, policies or practices (for excluded employees) should also be ______.

Accepted ***Although a grievance/complaint investigation is not necessary, a formal response should be issued denying the grievance/complaint since it does not meet the definition.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Errors Made by Grievants/Complainants*** An employee might submit a ***grievance*** for a violation of policy (Complaint). Management (SHOULD / SHOULD NOT) respond to the issue of a represented employee grievance if it meets the definition of a complaint.

SHOULD

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Errors Made by Grievants/Complainants*** If an employee merely does not like a rule or policy, the grievance/complaint should be ______.

Denied

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Errors Made by Grievants/Complainants*** 5) Grievances/Complaints with no Specified Contract or Policy Violation: When the grievant/complainant does not specify a contract or policy violation, the grievance / complaint should be ______.

Denied ***It is the grievant / complainant’s responsibility to identify any alleged violation. Failing to do so does not permit management to fully consider the issue.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Errors Made by Grievants/Complainants*** 6) Grievances/Complaints with no Specified Remedy: When no remedy is specified, the resolution lies with the designated ______. Any remedy which resolves the issue in dispute and is consistent with departmental policy and the contracts may be ______.

Respondent Granted

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING A grievance or complaint should be filed on either a ______; a ______; or union equivalent.

CHP 94, Employee Grievance/Complaint STD 630, Employee Contract Grievance

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** The ______, ______, or recognized ______ ______ (CAHP) is responsible for formulating and moving an appeal through the designated appeal levels.

Grievant Complainant Employee Organization

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** Commanders are cautioned not to ______, ______, or ______ an issue to the next level of appeal on behalf of the individual.

Advise Counsel Advance

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** A grievant or complainant (IS / IS NOT) permitted to utilize departmental clerical assistance or state equipment in formalizing their appeal at ______ step in the grievance / complaint or appeal processes.

IS NOT Any Step

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** The original grievance/complaint response should be returned to the grievant / complainant if it was filed/appealed by the ______.

Employee

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** To ensure an employee’s right to confidentiality, the original response to a grievance / complaint shall be: Placed in an envelope addressed with the employee’s ______, ______ number, and ______, and labeled “______ and ______.” The response shall only be opened by the ______.

Name Identification Number Command "Personal and Confidential." Addressee

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** If the employee organization (CAHP) filed/appealed the issue on behalf of the grievant/complainant, the original grievance/complaint should be returned to the ______, with a copy forwarded to the grievant/complainant labeled “______ and ______.”

Organization "Personal and Confidential."

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** 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 ______ and the ______ of ______ ______(OER) within ______ ______ days after issuance of the response.

Division Office of Employee Relations Five (5) Working Days

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** 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 ______ and ______ of ______ ______ within ______ ______ days after issuance of the response.

Command OER Five (5) Working Days

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** Step 3: Upon appeal to the third level, OER will forward a copy of the third level appeal to the affected commands within ______ ______ days after receipt. A copy of the departmental response will be forwarded to the affected commands within ______ ______ days after issuance.

Three (3) Working Days Three (3) Working Days

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** 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 ______ ______ days after receipt.

Three (3) Working Days

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** As provided for in the grievance/complaint and appeal procedures for excluded and represented employees, time limitations may be extended to a specific date by mutual ______ of ______ parties. Once granted, extensions shall be reaffirmed in ______ and attached to the grievance/complaint, with a copy to all affected parties.

Agreement Both Writing

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***PROCESSING THE APPEAL AND RESPONSE.*** Within ______ days after service of a copy of a decision, any party may file a ______ petition for a rehearing with the Director of CalHR. Within ______ days after such filing, the Director of CalHR shall serve a copy of the petition to the other parties to the proceeding.

Thirty (30) Days Written Thirty (30) Days

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Grievance/complaint records are to be physically located ______ from field folders and field subject folders. Grievance/complaint files shall be placed in a separate ______ classification entitled “______/______,” and labeled “______” or “______.”

Apart Confidential "Grievances/Complaints" "Active" "Inactive"

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Under no circumstances is an ______ grievance / complaint record to be sent to an uninvolved command.

Inactive

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Active grievances/complaints are those files still pending a ______ in the grievance/arbitration process.

Response

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Inactive grievance/complaint files are those that require ______ ______ response.

No Further Response

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING When a grievance/complaint is terminated (withdrawn or not appealed within the specified time limits), regardless of appeal level, the file shall be transferred to the “______” grievance/complaint file.

"Inactive"

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Grievance*** records shall be retained at the affected command for a period of ______ years following the date of the ______ action.

Three (3) Years Final

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING ***Complaint*** records shall be retained in the affected command for a period of ______ year following the date of the ______ action.

One (1) Year Final

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Destruction of grievance/complaint records shall be in compliance with confidential record procedures and shall occur at the expiration of the retention period of the documents (unless ______ is pending).

Arbitration

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING There are occasions when an employee transfers or promotes to another command and has an active grievance/complaint in process. In such circumstances, copies of the grievance/complaint documents shall be sent to the new command, ______ from the field folders, and shall be handled according to the procedures set forth herein.

Apart

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 7 GUIDELINES FOR GRIEVANCE/COMPLAINT HANDLING Inactive grievance/complaint records (SHALL / SHALL NOT) be forwarded to the new command.

SHALL NOT

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 8 EXCLUDED EMPLOYEE GRIEVANCE AND APPEAL PROCEDURES ***NOT NEEDED***

***NOT NEEDED***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION Arbitration is a ______-party settlement of disputes between groups or individuals ______ a court of law when meetings and discussions ultimately fail.

Third Outside

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION There are two types of arbitration: ______ Arbitration ______/______ Arbitration

Interest Arbitration Rights / Grievance

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION Grievance Arbitration is ______.

Voluntary

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION Interest Arbitration: This type of arbitration occurs when negotiations have come to an ______. An arbitrator is called in to resolve the issue.

Impasse ***The Ralph C. Dills Act does not mandate interest arbitration in California.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION Rights/Grievance Arbitration: The right to arbitration as the ______ step in the grievance procedure is subject to negotiations. ______ bargaining unit contracts administered by the Department contain a grievance arbitration provision.

Final All

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION Arbitration: This process results in a decision which the parties agree in ______ to accept. When an arbitrator makes a final determination, it is binding upon both parties. The ruling of the arbitrator is usually called an ______.

In Advance Award

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION Mediation and Conciliation: These processes involve efforts by a ______ party to bring the parties to an agreement on their own. The mediator or conciliator has no power to ______ a settlement, since the parties did not ______, prior to their entrance, to accept the third party’s conclusions.

Third Enforce Agree

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION An employee may not appeal an issue to arbitration on their ______ ______. Rather, this decision can only be made by the employee’s exclusive representative (CAHP Rep).

Their Own Behalf

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION ______ of ______ ______ and Cal(______) will handle the arbitration hearing.

Office of Employee Relations CalHR

HPM 9.1 - EMPLOYEE RELATIONS MANUAL - CHAPTER 9 ARBITRATION After the presentation of evidence and arguments, the arbitrator makes a decision which is final and ______ on both parties.

Binding

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 10 NEGOTIATIONS In between the old contract and new contract negotiations, existing policies cannot be ______ ______ by the employer.

Unilaterally Changed

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 10 NEGOTIATIONS Sunshine Provision: The Ralph C. Dills Act (Dills Act) contains a public disclosure clause that requires all initial bargaining proposals and counterproposals be “______,” or presented at public hearings and made public record. Pursuant to this section of the Dills Act, the public is afforded the opportunity to comment on all initial proposals and counterproposals made by exclusive representatives and management.

Sunshined

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 10 NEGOTIATIONS The ______ form was developed for managers and supervisors to submit recommendations for changes/additions/deletions to the contracts.

CHP 605, Management Proposal ***This form should also be used throughout the term of the contracts when a particular problem surfaces which could be alleviated by a change in the contract.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 10 NEGOTIATIONS The Dills Act establishes the mutual duty of the Governor, or appointed representative, and exclusive representatives to negotiate in ______ ______.

Good Faith

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 10 NEGOTIATIONS ______ is defined as the effort of an impartial third party to reconcile a dispute through “interpretation, suggestion, and advice.”

Mediation

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 10 NEGOTIATIONS Failure to “participate in good faith in the mediation procedure” is an ______ labor practice.

Unfair Labor Practice

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 11 OBLIGATION TO MEET-AND-CONFER Under the Dills Act and the negotiated memorandums of understanding with the state bargaining units, management, and employee organizations are required to “______-and-______ in ______ ______"” on management actions affecting ______, ______, and other ______ of employment.

Meet-and-Confer Good Faith Hours Wages Conditions

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 11 OBLIGATION TO MEET-AND-CONFER Examples of when a commander shoulder MEET AND CONFER with Area Reps: Changes due to the method of scheduling ______ and ______ ______. Amendments to ______ ______ ______ (SOP). ______ sign-up revisions ______ changes Modifications to ______ processes that involve represented departmental employees

Shifts and Days Off Standard Operating Procedures Overtime Logistical Administrative Process

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 11 OBLIGATION TO MEET-AND-CONFER In addition to the examples listed previously, specific to Bargaining Unit 5, a commander is obligated to meet-and-confer with a California Association of Highway Patrolmen (CAHP) representative IF REQUESTED FOR: Over the findings of a ______ complaint investigation. Regarding any ______ on performance documents.

Citizen's Comment ***Annual evaluations (CHP 118s, Performance Appraisal) are excluded from this process.*** ***The purpose of such a meeting is to resolve disputes through an informal process at the lowest possible level.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 11 OBLIGATION TO MEET-AND-CONFER This type of “meet and confer” involves a CAHP ______ and the Area/Section/Division ______ only. The officer involved may or may not participate at the commander’s discretion.

Representative Commander

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 12 UNFAIR LABOR PRACTICES Unfair practices are those actions or inactions by the employer or exclusive representatives which violate the rights guaranteed by the ______ ______. ______Act.

Ralph C. Dills

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 12 UNFAIR LABOR PRACTICES Following are examples of unlawful employer (Department) conduct that violate the Dills Act: Giving the employee representative all the bad jobs or inundating them with unwanted overtime. Assisting employees in researching background to file grievances. Expressing support for a particular employee organization during a decertification election. Failing to bargain in good faith. Coercive questioning of employees regarding their union activity. Disciplining employees for participating in union activities or promising benefits to employees if they refuse to participate in union activities.

***INFO ONLY***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 12 UNFAIR LABOR PRACTICES The following are examples of unlawful employee organization (CAHP) conduct: Threatening employees if they ______ to join a union. Disciplining a member for filing an ______ practice charge against their union. Failing to fairly ______ an employee in dealing with the employer.

Refuse Unfair Represent

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 12 UNFAIR LABOR PRACTICES Managers and supervisors may not refuse or fail to meet and negotiate, nor do anything to interfere with an employee’s right to: ______ ______ or ______ the employee organization of their choice, or Engage in lawful ______ on behalf of that organization.

Vote For or Join Activities

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 12 UNFAIR LABOR PRACTICES Managers and Supervisors shall not ______ employees about employee organizations. Do not ask questions relating to individual employee’s legal activities (e.g., who supports the employee organization, who attended employee organization meetings, who has signed a petition, or similar questions).

Interrogate

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 12 UNFAIR LABOR PRACTICES Managers and Supervisors shall not conduct polls or informal “______” votes to find out the extent of an employee organization’s support.

Straw

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 12 UNFAIR LABOR PRACTICES Do not “______” on employees regarding union activities. Do not ask an employee to attend an employee organization meeting and report back to you concerning its results.

Spy

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 12 UNFAIR LABOR PRACTICES Managers and Supervisors shall not interfere with employees' participation in union membership, events, or any other activities that are within the scope of the contract and/or policy

***INFO ONLY***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 13 MANAGEMENT RELATIONS PROGRAM The state’s Management Relations Program encompasses three separate groups of employees: ______, ______, and ______ employees – who comprise the Department’s management team.

Managers Supervisors Confidential Employees ***These employees are expressly excluded from collective bargaining by the Ralph C. Dills (Dills Act).***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 13 MANAGEMENT RELATIONS PROGRAM Although an integral part of the management team, supervisors (ARE / ARE NOT) restricted in their representational rights under the Dills Act; however, supervisory issues are totally separate from those of ______-and-______ employees.

ARE NOT Rank-and-File ***Supervisors have some representational rights under the Dills Act.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS When the removal involves a specialty pay positions, it cannot be made arbitrarily but must be done only when there is ______ cause to take such action.

Legitimate Cause

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS EXAMPLES: An employee could be removed from motorcycle duty based upon their frequency of ______ on the motorcycle. A pilot could be removed if placed on interim reporting for lack of ______ of departmental policies/procedures. An employee could not, however, be removed from a flight officer position solely because they received an adverse action for an unrelated ______-______ incident.

Accidents Knowledge Off-Duty

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS Currently, only the following are considered specialty pay positions: Four (4) Positions

Motorcycle assignments. Pilot or flight officer positions. Bilingual positions. Investigator positions.

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS Prior to removing an employee for cause from any specialty pay position, approval must be obtained from the appropriate ______ ______, through channels.

Assistant Commissioner ***This also applies when removal is the result of an adverse action*** ***There must be an established relationship between the adverse action and the removal.***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS Example of Established Relationship: An on-duty officer operating a departmental motorcycle in a reckless manner could be removed from their motorcycle assignment and served with an adverse action.

***INFO ONLY***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS Example of No Established Relationship: A motorcycle officer involved in an off-duty drunk driving incident in a private vehicle could be served with an adverse action but could not be permanently removed from motorcycle duty as a result of the incident.

***INFO ONLY***

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS If the removal from a specialty pay position is not a result of an adverse action, the commander shall provide ______ to the employee advising them of the specific ______(s) for the removal and the effective date of the action.

Documentation Reason(s)

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS Once the removal is approved and specialty pay terminated, ______ ______ Section shall be notified either by ______-______ message or ______ and a copy forwarded to ______ of ______ ______ (OER).

Human Resources Section Comm-Net Memorandum Office of Employee Relations

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS Removal for cause may be ______ by the employee.

Appealed

HPM 9.1 - EMPLOYEE RELATIONS MANUAL-CHAPTER 14 REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS Removal as a result of an operational necessity, such as a reduction or elimination of motorcycles or aircraft, (IS / IS NOT) appealable.

IS NOT