HPM 9.1 Employee Relations Manual Flashcards
If any provisions of HPM 9.1 conflict with provisions of a contract reached pursuant to Government Code Sec 3517.5, what is controlling?
the contract shall be controlling
Is administration of contracts a matter of determining what is right/wrong or fair/unfair?
No, it involves strict adherence to the provisions of the contract
CHP management administers contracts in X of 21 bargaining units?
12 of 21
Can provisions of the contracts be changed?
No, except by mutual agreement between Department and employees’ representatives
What are Contract Interpretations (CI’s)?
Departmental specific communications available on the CHP Intranet on the OER Webpage to all managers and supervisors. The sequentially numbered memoranda are the source documentation for interpreting specific provisions within a bargaining unit contract.
Commanders shall ensure WHO is informed of the content of the published CI’s?
All applicable managers and supervisors, as well as first line supervisors designated “represented” under the Dills Act.
Each headquarters and Field command MAY/SHOULD/SHALL maintain a library of all current CI’s, filed adjacent to the contracts?
SHOULD
What is CSEA
The California State Employees Association
What is SB 839?
The State Employer-Employee Relations Act (SEERA), by Senator Ralph C. Dills. The California State Employees Association sponsored SB 839.
What is the Dills Act?
A series of Gov. Code Sections which govern collective bargaining for represented employees of State of California.
What is an element of the Dills Act?
Requires State and exclusive representative to negotiate in good faith on wages, hours, terms and conditions of employment
What is POBR?
Public Safety Officers’ Procedural Bill of Rights
Who has representational rights under the Public Safety Officers’ Procedural Bill of Rights (POBR) Act?
CHP policy provides extended protections to ALL employees (except cadets)
What is the Weingarten rule?
It 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.
What is a Represented employee? (Unit 5 employees)
Any employee who is not designated a supervisory, managerial, confidential or excluded employee ( Another name is rank and file employee)
If there is a conflict between departmental policy and the provisions of a negotiated contract, what will be controlling?
The Contract SHALL be controlling
Define Managerial Employee
Any employee having significant responsibilities for formulating or administering Department policy or programs
Define Confidential Employee
Any employee required to develop or present management positions with respect to employer-employee relations and requires access to confidential material
What are supervisory employees not entitled to? (4)
Bargaining unit rights, exclusive representation, contracts, or to file unfair labor charge
What limited rights are provided to supervisory employees? (5)
- Form, join, participate in activities of employee organizations on matters pertaining to supervisory employee relations
- Refuse to join/participate in employee organizations
- Represent themselves in employee relation with the state
- Freely associate with represented employees and join activities of employee organizations
- Use grievance and appeal procedures
T/F - Employee reps are on equal ground with managment
TRUE
T/F - Employee reps activities may be the basis for discipline/discharge
FALSE - Employee reps activities may NOT be the basis for discipline/discharge
What is the role of a supervisor? (5)
- Link between Employee and management - one of the most important relationships
- Member of management team - direct the workforce towards dept goals
- Providing feedback from employees - supervisor is management’s main source of information
- Authority of supervisor - fact finder/decision maker
- Decision making - advise employee of decision/reasons which affect them and reasons.
The state currently has 21 representational units, the department employees are how many of those 21?
12 of 21
When department policy conflicts with a contracts, the provisions of the contract SHOULD/SHALL prevail?
SHALL
Officials and designated representatives of employee organizations, including supervisory organizations, MAY/SHOULD/SHALL be permitted reasonable access to work locations to meet with employees on representational matters
SHALL
A representative desiring access must state the purpose and obtain approval from who, prior to the intended visit?
the Commander
A representative must also obtain permission from who, to engage, during work hours, in business related to representational matters?
from immediate supervisor
Why may access to a work location be denied or delayed?
for legitimate reasons, i.e. safety, security work load requirements
What occurs when access is denied to a representative?
reasonable alternatives should be provided
A recognized organization may use existing bulletin boards to post information on what subjects?
- Notices/results of official committee or meeting
- Notices of elections and their results
- Notices of recreational/social events
- Other official business
Materials posted shall not be what?
libelous, obscene, defamatory, or of a partisan political nature
If doubt exists as to propriety of posted material, who should be consulted before removal?
OER - Office of Employee Relations
During assigned working hours, employees SHOULD NOT/ SHALL NOT conduct/participate in employee organization business acivites during working hours?
SHALL NOT (i.e. meetings, dues collection or memebership campaigns)
Define non-working hours
employee “own time” or “non-working hours” are lunch breaks, rest breaks, and time before and after work. May be restricted during rest breaks due to occupational needs.
Solicitation for membership may only take place when?
During non-work hours
Upon Request, an employee organization MAY/SHOULD/SHALL have access to state phones that does not result in toll charges or interfere with Department operations
SHALL
State vehicles, reproduction equipment, fax machines MAY/SHOULD/SHALL not be used to conduct employee organization purposes?
SHALL not
Audio-visual equipment MAY/SHOULD/SHALL be authorized if made in advance to Commander/designee?
MAY
Use of state equipment or the time used for activities permitted in this section shall be subject to prior notification and approval by who?
a supervisor
True/False: Use of State/Dept internal mail systems is permitted
FALSE - use is NOT permitted
State facilities may be used subject to operational needs of the Department. Request to use State facilities must be approved by who?
the Commander/designee
What shall be the primary consideration when approving a request of release time?
The needs of the command. Release time may only be granted during employees working hours. No shift or schedule changes are allowed for the use of release time.
Define State Release Time
State time which shall be utilized for representational purposes permitted by contract or policy
Define reimbursable paid leave of absence (union leave)
When exclusive representative reimburses department for employee’s salary/benefits for time employee is on leave
TRUE/FALSE: Subject to Managment’s approval, a reasonable amount of employees/state time will be allowed to prepare for meet and confer sessions?
FALSE - a reasonable amount of employees/state time will be allowed to attend but NOT prepare for meet and confer sessions
State release time is limited to what?
those instances when representing an employee from the representative’s area of primary responsibility - wherever is the representative’s permanent work location. It is not the district or region for which they are responsible.
TRUE/FALSE: State release time shall not be authorize for an employee to leave the work site
TRUE
Is overtime compensation authorized?
No
TRUE/FALSE: Employees may, during assigned work hours use a reasonable amount of State release time for grievance/complaint representation.
TRUE - Intent of this policy is to provide for only ONE rep at a time per issue
An employee has the right to secure representation of his/her own choosing in preparing grievance complaint at which level of the grievance process?
ALL levels
An employee and representative MAY/SHOULD/SHALL be granted reasonable amount of release time to prepare and present grievance
MAY
Representative not designated by an employee organization. Release time is not eligible to employee or representative unless what occurs?
Unless management calls meeting to discuss grievance
What are examples of the Grievance Procedure - represented employees. employee alleges violation of contract
- Denial of representation during grievance procedure
- Denial of overtime compensation
- Annual Performance Evaluations
Complaint procedure for represented employees settle disputes over what?
policy/procedures
What are the Grievance/Complaint Process levels (5)?
- Informal Level - discussion between supervisor/employee
- Level 1 - Area Commander
- Level 2 - Division Commander
- Level 3 - Office of the Commissioner (final level for represented)
- Level 4 - Director of the CA. Dept of Human Resources (Last level for excluded employees)
Who is in the best position to resolved a Grievance/Complaint?
The Supervisor - Most grievance relate to supervisor action/decision. Resolution at lowest level
Who is responsible for moving the grievance/complaint?
The employee
What are the 4 steps in the Grievance/Complaint process?
Step 1 - Copy of complaint, first level response and all pertinent documentation shall be forwarded to Division and OER within 5 working days after issuing response.
Step 2 - Copy of complaint/grievance, second level response and all pertinent documentation forward to affected command and OER within 5 working days after issuance of response.
Step 3 - Upon appeal to 3rd level, OER will forward copy to affected commands within 3 working days after receipt. Dept. response will be forwarded to affected commands within 3 working days after issuance.
Step 4 - CalHR sends the Department a copy of the response to a Level 4 appeal. OER, in turn, will provide copies of level 4 responses to affected commands within 3 working days after receipt.
What is Step 1 in the Grievance/Complaint Process?
Copy of complaint, first level response and all pertinent documentation shall be forwarded to Division and OER within 5 working days after issuing response
What is Step 2 in the Grievance/Complaint Process?
Copy of complaint/grievance, second level response and all pertinent documentation forward to affected command and OER within 5 working days after issuance of response
What is Step 3 in the Grievance/Complaint Process?
Upon appeal to 3rd level, OER will forward copy to affected commands within 3 working days after receipt. Dept. response will be forwarded to affected commands within 3 working days after issuance
What is Step 4 in the Grievance/Complaint process?
CalHR sends the Department a copy of the response to a Level 4 appeal. OER, in turn, will provide copies of level 4 responses to affected commands within 3 working days after receipt
What is arbitration?
This process results in a decision which the parties agree in advance to accept. When an arbitrator makes a final determination, it is binding upon both parties, called an award. (evolution of evidence, summary of case, final written ruling.)
What is Meditation and Concilation?
These processes involve efforts by a third party to bring the parties to an agreement on their own
What is fact finding?
an attempt to obtain and indicate to the parties the key facts in a dispute even when a board makes recommendations, they carry no weight.
Can an employee appeal an issue to arbitration on their own behalf?
No, the decision can only be made by the employee’s exclusive representative.
Dills Act requires state and employees to meet and confer to reach agreement on what?
The contract
What is the result of Supreme Court Case White Vs County of Sacramento decision?
Employee may be removed from specialty pay with cause
Define elements of cause for removal for cause for specialty pay
An articulable reason why an employee cannot continue to perform in specialty capacity
Where must approval come from for removal from specialty pay?
Must be obtained by appropriate Asst. Commissioner
What are the 4 types of specialty pay?
BIMP
1. Bilingual
2. Investigator
3. Motorcycle
4. Pilot
