HPM 9.1 Employee Relations Manual Flashcards
What is the purpose of the Employee Relations Program?
The purpose of the Employee Relations Program is to
1) encourage harmonious relations between the Department and its employees, and 2) establish procedures for the equitable and peaceful resolution of differences on employee relations matters.
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What is the Commissioner’s philosophy on Employee Relations?
-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.
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Who is responsible for administering the policies of employment relations?
Management Team. Managers and supervisors are responsible for
seeing that the employee relations policies of the California Highway Patrol
(CHP) are properly administered.
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What is the purpose of administering contracts?
Not a matter of determining what is right/wrong or fair/unfair. It involves strict adherence to the provisions which have been negotiated between the exclusive representatives and the State of California.
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The California Highway Patrol management administers contracts in __ of the 21 bargaining units.
Twelve (12).
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________ shall ensure all outdated contracts are destroyed to preclude a misapplication of the current contract.
Commanders.
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Provisions negotiated within the contracts define what?
The provisions negotiated within the contracts define the contractual rights and
responsibilities of the employer, employee and the exclusive representative.
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Management’s interpretation of contracts, which are published as supplemental guidelines, are known as what?
Contract Interpretations (CIs)
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Commanders (may/should/shall) 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 CIs.
Shall.
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Under this law, elected representatives of represented employees are recognized and deal as equals with the employer in determining wages, hours, and other terms and conditions of employment.
State Employer-Employee Relations Act (SEERA). Later renamed the Dills Act.
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Under this statute, supervisory employees have the right to be represented regarding all matters related to employment conditions and supervisory employer-employee relations.
Excluded Employees’ Bill of Rights.
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What is the Weingarten rule?
The Weingarten 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 disciplinary action may result from the interview.
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What is the definition of a Represented Employee?
“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.
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What are the rights provided for Represented Employees under the Dills Act?
(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 because they belong or do not belong to employee organizations.
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“Any employee having significant responsibilities for formulating or administering agency or departmental policies and programs” is the definition of what?
A managerial employee.
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“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” is the definition of what?
A confidential employee.
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“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” is the definition of what?
A supervisory employee.
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Managerial, Confidential, and Other Nonsupervisory Excluded Employees do not have what rights?
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.
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Supervisory employees do not have what rights?
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.
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What are rights of management?
(1) Determine the methods, means, organization, and personnel by which
operations are to be carried out.
(2) Maintain the efficiency of governmental operation.
(3) Direct the work of its employees and assign tasks consistent with the
employees’ classifications.
(4) Hire, promote, demote, transfer, assign, and retain employees.
(5) Discipline, suspend, or discharge employees for proper cause.
(6) Relieve employees from duties because of lack of work.
(7) Set standards of service.
(8) Do whatever is reasonably necessary to carry out the duties and
responsibilities of the Department.
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Why is it important for management to keep records of the amount of time the representative spends away from regular work assignments by utilizing the CHP 610, Representation Reporting.
If it becomes necessary to deny time off for operational reasons, it may be necessary to provide documentation which shows management has permitted reasonable use of state time in the past and made accommodations for the future.
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Rules governing state employee organizations for represented employees are known as what?
The Ralph Dills Act
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The Department employs represented employees in (how many) of (how many)
bargaining units.
12 of 21 bargaining units.
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True or False
An employee who is acting as a representative on behalf of an exclusive
representative is on equal ground with supervisors and managers.
True.
An employee who is acting as a representative on behalf of an exclusive
representative is not working in their capacity as a state employee. They are
on equal ground with supervisors and managers.
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When departmental policy conflicts with a contract, which prevails?
Contracts prevail when in conflict with departmental policy.
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Representatives of recognized employee organizations, including supervisory organizations, (may / should/ shall) be permitted reasonable access to work locations to meet with departmental employees on representational matters.
Shall.
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Does a representative need any type of approval to access a work location?
Yes, a representative must state purpose and request approval from the commander of the location being access within a reasonable amount of time.
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A representative must obtain permission from (who) to engage, during working hours, in business relating to representational matters?
Permission to engage in such activity (may / should /shall) be granted promptly
Their immediate supervisor; shall be granted (unless absence would interfere with efficient operations).
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Access to a work location may be denied or delayed for what reasons? including
safety, security, work load requirements, or other legitimate circumstances.
Access to a work location may be denied or delayed for reasons including
1 - safety, 2 - security, 3 - work load requirements, or 4 -other legitimate circumstances.
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Employee organizations may use bulletin boards to post information concerning what subjects?
(1) Notices and results of any official organization committee or meeting.
(2) Notices of organization elections and their results.
(3) Notices of organization recreational and social events.
(4) Notices of other official organization business.
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True or False
Management retains final authority for removal of bulletin board materials.
True.
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Employees (shall / shall not) conduct or participate in
employee organization business activities during assigned work hours.
Shall not.
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What is the Definition of Non-Working Hours?
Employees’ “own time” or “non-working
hours” are considered to be lunch periods, rest breaks, and time before and after
work. Participation in employee organization business may, however, be restricted
during rest breaks due to operational needs.
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An employee representative (may / shall not) distribute organization literature before or
after working hours or during meal and rest periods in non-working areas (e.g.,
cafeteria, break room).
An employee representative MAY distribute organization literature before or
after working hours or during meal and rest periods in non-working areas (e.g.,
cafeteria, break room). When management decides to limit or deny solicitation in a
particular work location during non-working hours for reasons of safety, security, or
potential disruption of work, or for other legitimate reasons, reasonable
accommodations will be made in accordance with Department procedures.
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True or False:
Employee mailboxes can be utilized for the distribution of organization
literature.
True. Employee mailboxes can be utilized for the distribution of organization
literature.
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Upon request, an employee representative (shall / shall not)
have access, without cost, to state telephones for conducting employee relations
business provided the use does not result in toll charges or interfere with the operation
of the facility or office.
Upon request, an employee representative shall
have access, without cost, to state telephones for conducting employee relations
business provided the use does not result in toll charges or interfere with the operation
of the facility or office.
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Vehicles : State vehicles (may / shall / shall not) be used for transportation by employees or
employee organization representatives while participating in representational or
employee organization business.
State vehicles shall not be used for transportation by employees or
employee organization representatives while participating in representational or
employee organization business.
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Reproduction Equipment: Union stewards (shall / shall not) be permitted reasonable and
occasional use of copiers for union representational purposes provided that such
use does not result in additional costs to the state, nor interfere with state
operations.
Reproduction Equipment. Union stewards shall be permitted reasonable and
occasional use of copiers for union representational purposes provided that such
use does not result in additional costs to the state, nor interfere with state
operations.
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Audio-Visual Equipment. Use of departmental audio-visual equipment by employee organization representatives (may / shall / shall not) be permitted. A request to use the
equipment must be made in advance and is subject to the consent of the
appropriate commander or their designee.
Audio-Visual Equipment. Use of departmental audio-visual equipment by
employee organization representatives may be permitted. A request to use the
equipment must be made in advance and is subject to the consent of the
appropriate commander or their designee.
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