HPM 9.1: EMPLOYEE RELATIONS MANUAL Flashcards
What is the purpose of Employee Relations Program? There are 2
- encourage harmonious relations between the Department and its employees.
- establish procedures for the equitable and peaceful resolution of differences on employee relations matters.
Chp 1. 1-3
Goal of the Department’s Employee Relations Program
Increase management’s and employees’ understanding of the rights, responsibilities, and obligations of management, employees and employee organizations
Commissioner’s philosophy on Employee Relations Program is that commanders….
establish and maintain positive lines of open communication with employees and employee representatives.
Commanders are to openly discuss changes with employees and labor representatives since such issues are then better understood by all parties.
While there will not always be agreement on all issues, all involved parties should develop the ability to discuss them in a professional manner.
____ and ____ are responsible for seeing that the employee relations policies of the California Highway Patrol (CHP) are properly administered.
Managers and supervisors
_______ shall ensure all outdated bargaining unit contracts are destroyed to preclude a misapplication of the current contract.
Commanders
Contract Interpretations are departmental specific communications available on the _____ to all managers and supervisors.
CHP Intranet OER Web page
Commanders shall/should ensure that all applicable managers and supervisors, as well as first-line supervisors designated “represented” under the Dills Act, are informed of the content of the published Contract Interpretations.
shall
Each headquarters and Field command shall/should maintain a library of all current Contract Interpretations filed adjacent to the contracts. The CIs should be referenced to ensure the consistent interpretation and application of the negotiated language.
should
The Dills Act is
a series of Government Code Sections which govern collective bargaining for represented employees of the State of California (Annex A). Annexes B and C list all represented and excluded classifications employed by the Department.
Chapter 2 2-4
Under this statute, supervisory employees
(have/do not have) the right to be represented regarding all matters related to employment conditions and supervisory employer-employee relations.
have
The state employer and excluded employee organizations shall/should not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees because of exercising their rights.
shall
Each contract outlines represented employees’ rights to representation. When deciding whether management has an obligation to allow
representation, supervisors, and managers shall/should refer to the applicable contract.
should
If there is a conflict between departmental policy and the
provisions of a negotiated contract, the contract shall/should be controlling.
shall
“Represented employee” means an employee who is not designated as supervisory, managerial, confidential, or excluded under the Dills Act.
Another name for represented employee is:
rank-and file employee
Represented employees have certain rights as provided by the Dills Act and their contracts between the state and their exclusive representatives.
If there is a conflict between departmental policy and the provisions of a negotiated contract, the contract shall/should be controlling.
Shall
The Dills Act provides the following rights for represented employees:
(1) To form, join, and participate in the activities of exclusive representatives
for representation on all matters regarding wages, hours, and other terms and conditions of employment.
(2) To refuse to join or participate in the activities of exclusive representatives.
(3) To select a single employee organization to be the exclusive
representative of all employees in their bargaining unit. Thereafter, employees in that bargaining unit may only be represented by that exclusive representative.
(4) To represent themselves individually or use the services of a personal
advisor as long as the representative has no ties to an organization which
competes with the exclusive representative.
(5) No one may discriminate against employees, grant them preferential
treatment, or withhold equitable treatment.
ch 2, 2-6
The ____________ is the only organization which may represent employees in a bargaining unit in employment relations with the state.
exclusive representative
A managerial employee is defined in the Dills Act as any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department. Are managers considered included or excluded employees?
EXCLUDED EMPLOYEES.
Is a “confidential employee”, under the Dills Act,
different than an employee who merely has access to confidential documents, such as personnel files?
Under the Dills Act, it is different than an employee who merely has access to confidential documents, such as personnel files.
“Confidential employee,” as defined by the Dills Act, means 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.
2-7 HPM 9.1
A supervisory employee is defined as 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 has the responsibility to direct them or adjust their grievances or effectively recommend such action, if the exercise of this authority is not just routing or clerical but requires the use of independent judgment.
If Employee duties are substantially similar to those of their subordinates, are they considered to be supervisory employees?
No, Employees whose duties are substantially similar to those of their subordinates are not considered to be supervisory employees.
These employees do not have the right to file an unfair labor practice,
charge, nor are they entitled to bargaining units, exclusive representation, or contracts.
Rights of Managerial, Confidential, and Other Nonsupervisory Excluded
Employees.
2-7
1) Excluded employees are afforded the following rights:
(a) Use of the grievance and appeal procedures for excluded employees
set forth in Chapter 8, Excluded Employee Grievance and Appeal
Procedures, of this manual.
(b) Ability to represent themselves in their employment relations and
grievances with the state.
(c) Be represented by another excluded employee, personal advisor, or
legal counsel in their employment relations or grievances with the state.
(d) These employees are prohibited from:
1 Holding elective office in an employee organization which
represents any nonexcluded employees.
2 Representing any nonexcluded employees in meet-and-confer
sessions.
3 Representing any nonexcluded employee in the grievance
process.
4 Voting on questions of ratification or rejection of a contract
reached on behalf of nonexcluded employees.
Excluded employee organizations shall/should have the right to represent their excluded members in their employment relations, including grievances, with the State of California.
Excluded employee organizations may establish reasonable restrictions
regarding who may join and may make reasonable provisions for the dismissal of excluded employees from membership.
shall
Supervisory employees (are/are not) entitled to bargaining units, exclusive representation, contracts, or the right to file an unfair labor practice charge.
are NOT
The following limited rights are provided for supervisory
employees:
(a) To form, join, and participate in activities of employee organizations
for the purpose of representation on all matters of supervisory employee
relations.
(b) To refuse to join or participate in the activities of employee
organizations.
(c) To represent themselves individually in their employment relations
with the state.
(d) To freely associate with represented employees and join and
participate in the activities of such employee organizations.
(e) To use the grievance and appeal procedures set forth in Chapter 8,
Excluded Employee Grievance and Appeal Procedures, of this manual,
and be represented in these procedures.
The Excluded Employees Bill of Rights grants supervisory employee organizations the right to:
(a) Represent their supervisory employee members in their employment
relations, including grievances, with the state.
(b) Meet-and-confer, upon request, with the employer prior to the
employer arriving at a determination of policy or course of action. “Meet and-confer” means that the employer shall consider, as fully as it deems reasonable, presentations made by the employee organization on behalf of its supervisory employees. Under this process, the final decision rests with the employer.
(c) Establish reasonable restrictions regarding who may join and may
make reasonable provisions for the dismissal of employees from
membership. Nothing in the Ralph C. Dills Act prohibits any employee from appearing on their own behalf or through their chosen representative in their employment relations and grievances with the employer.
2-9
One of management rights or prerogatives is to do whatever is ______ to carry out the duties and responsibilities of the Department.
reasonably necessary
Management’s authority (is/ is not) absolute; 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.
IS NOT
Management representatives at all levels within the Department are _________ for encouraging open and constructive communication with employees, as well as employee organization representatives, where appropriate, on matters relating to terms and conditions of employment.
Responsible
Management shall/should accord fair treatment to employees, employee
organizations and their representatives.
Shall
Positive relationships among managers, supervisors, employees, and employee organizations contribute significantly to the effectiveness of the Department and its employee relations program.
Each party must respect the rights and responsibilities of the others and pledge mutual, good faith efforts to resolve any differences that may arise.
The following are considered essential techniques for managers and supervisors to utilize:
(1) Understand and exercise management’s rights for the efficiency and
effectiveness of the Department.
(2) Be familiar with the contracts covering their staff.
(3) Develop relationships with employee organization representatives. Treat
them in a professional manner as equals when dealing with employee relations issues.
(4) Remain alert to problems which may be brewing. Attempt to resolve them before they become formal grievances or complaints.
(5) Keep the Office of Employee Relations informed of significant employee
relations issues and problems with contract language.
3-5
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 equal ground with _____. A representative’s representational activity may not be the basis for discipline or discharge.
management
The following information is provided to assist managers and supervisors in working with employee representatives
1.Establish a Constructive Working Relationship
2.Communicate - Keep the representative informed.
3.Cooperate. Make every effort to provide nonconfidential information which is requested.
4.Provide Reasonable Time. When determining the amount of time to which
a representative is entitled, always refer to the contract and Chapter 6,
Release Time/Use of State Time for Representation, of this manual
5. Establish Ground Rules. Ground rules are parameters. Ground rules are
established by management for the conduct of employee organization
business.
6. Management’s Representative. As a representative of management, it is
important to properly administer contract provisions and policies within the
framework of the Department’s management philosophy
3-6
One of the most important relationships in any organization is between the employee and the ______.
immediate supervisor.
As the primary link between the employee and the upper levels of management, every action that a supervisor takes could have future ramifications either good or bad, right or wrong.
The _______ directs the work force toward accomplishing the Department’s goals and serves as management’s contact with departmental employees.
supervisor
Employees identify the attitude and actions of the supervisor with that of management and react accordingly. Thus, it is important for the supervisor to clearly understand their integral role as a member of the management team, as well as the influence of their actions in effectively advocating management’s rights.
The ________ is management’s main source of information regarding employee reactions to the contract and the implementation of the negotiated provisions on a day-to-day basis.
supervisor
A supervisor should be well acquainted with all the provisions of the contracts and know management’s policies and rules relating to the intent and application of the negotiated language. Because management’s interpretations of the contracts are often tested through the grievance procedure, it is important that the supervisor thoroughly understand the rights of management and also those imparted to the employee and/or the exclusive representative.
As the front line of management, a _______ must know their authority to adjust grievances, be a fact-finder and decision-maker, as well as an attentive listener. They must judge each case on its individual merits and be able to articulate a reason for the decision based upon a sound interpretation of the contract or policy.
supervisor
The Department employs represented employees in _____ of these 21
bargaining units.
12
Chp 4, 4-3
An exclusive representative may designate representatives, consistent
with the provisions of the contracts. True/false
True.
The designated representatives act as agents of the exclusive representative on representational matters
An employee who is acting as a representative on behalf of an exclusive
representative is not working in their capacity as a state employee. True/false
True
They are on equal ground with supervisors and managers.
