HPM 9.1 - Employee Relations Manual Flashcards

Dills Act, Weingarten Rule, Represented& Excluded Employees, Grievances & Complaints

1
Q

If any provisions of policy conflicts with provisions of a contract reached (pursuant to Govt. code section 3517.5), what document prevails?

A

The contract shall be controlling.

  • Ch 1
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2
Q

What is the purpose of Employee relations within the CHP?

A
  1. Encourage harmonious relations between the dept. and employees, establish procedures for equitable and peaceful resolution of differences on employee relations matters
  2. Increase managements and employees understanding of the rights, responsibilities, and obligations of management, employees, and employee organizations.
  • Ch 1
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3
Q

What office is responsible for developing, coordination and administering employee relations policies and procedures for the office of the Commissioner?

A

The Office of Employee Relations (OER)

  • Ch 1, p 3
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4
Q

CHP Management administers contracts within __ of 21 bargaining units?

A

12

  • Ch 1, p 5
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5
Q

Highway Patrol Officers fall under bargaining unit __.

A

5

  • Ch 1, p 4
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6
Q

Supplemental guidelines published to facilitate the consistent interpretation and implementation of a particular provision of the contract are referred to as?

A

Contract Interpretations

  • Ch 1, p 6
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7
Q

The Act which determined that elected representatives of employees are recognized and treated as equals with employer in determining wages, hours and conditions of employment is known as?

A

The Dills Act.

formerly known as the State Employer-Employee Relations Act (SEERA)

  • Ch 2, p 4
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8
Q

What are the five roles of the supervisor?

A
  1. Link between employee and management.
  2. Member of Management team
  3. Providing feedback from emloyees
  4. Authority of Supervisor- adjust grievances, fact finder decision maker, good listener
  5. Decision making
  • Ch 3, p 6
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9
Q

An employee acting as a representative is on equal ground with management or supervisor? (True or False)

A

True

  • Ch 4, p 4
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10
Q

Bargaining Units (12 of 21)
Unit 1 _____
Unit 4 _____
Unit 5 _____
Unit 7 _____
Unit 12 _____

A

1 - Admin and Staff Services
4 - Office techs
5 - Highway Patrol
7 - Dispatch
12 - Automotive tech and Maintenance worker

  • Ch 4, p 3
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11
Q

A recognized organization may use existing bulletin boards to post information on the following subjects: (True or False)
- Notices/Results of official committee or meeting
- Notices of elections and their results
- Notices of recreational/social events
- Other official business

A

True

  • Ch 5, p 4
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12
Q

Posted Material _____ be dated and initialed by organization representative and a copy given to the commander or designee?

A

Shall

  • Ch 5, p 4
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13
Q

When may employees participate or conduct employee organization business?

A

During non-working hours

  • Ch 5
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14
Q

Upon request, an employee organization _____ (Should/Shall) have access to State phones that does not result in charges or interfere with Department Operations?

A

Shall

  • Ch 5, p 5
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15
Q

State vehicles _____ (Should/Shall) not be used by reps during rep functions.

A

Shall not

  • Ch 5, p 5
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16
Q

Use of state equipment or time used for activities permitted in this section shall be subject to prior notification and approval by the employee’s _____ _____?

A

Immediate Supervisor

  • Ch 5
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17
Q

A representative must obtain permission from their immediate supervisor to engage, during working hours, in business relating to representational matters.

Permission to engage in such activity ______ be granted promptly unless such absence would interfere with operations.

A

Shall

Ch 5, p 3

18
Q

Officials/designated representatives of recognized employee organizations _____ be permitted reasonable access to work locations to meet with departmental employees on representational matters.

A

Shall

  • Ch 5, p 3
19
Q

Time expended utilizing state telephones for representational purposes on release time _____ be recorded on a CHP _____, Representation Reporting.

A

Shall, CHP 610

  • Ch 5, p 5
20
Q

State facilities may be used subject to operational needs of the Department. A request to use state facilities must be made in advance and approved by the _____.

A

Commander or Designee

  • Ch 5
21
Q

Employees may voluntarily donate leave credits in to banks to be utilized by employee organization representatives. Donations must be made in ____ increments.

A

1 hour increments.

Once donated it is irrevocable.
Cannot donate sick leave.

  • Ch 6
22
Q

Grievance:
Problem-solving mechanism between the state and its employees. In which an employee and/or employee organization confidentially raise and process a claim alleging a violation of the ______ or _____.

A

Contract or Policy

i.e.:
(1) Denial of representation during the grievance procedure.
(2) Denial of overtime compensation provided by the contract.
(3) Annual Performance Evaluations.

23
Q

Complaint:
Complaint procedure for represented employees. Settles disputes over _____ or ______.

A

Policy or Procedures

i.e.:
1) Allegation that an officer must work a graveyard shift alone.
(2) Denial of hardship transfer.

24
Q

Grievance records shall be retained at affected command levels for __ year(s) following final action.

A

3 years

  • Ch 7, p 12
25
Q

Complaint records shall be retained by affected command for __ year(s).

A

1 year

  • Ch 7, p 12
26
Q

Headquarters central files shall retain grievance records for __ Year(s) and Complaints for __ year(s).

A

5 years, 3 years

  • Ch 7, p 12
27
Q

What is the Dills Act?

A

A series of Government Code sections which govern collective bargaining for represented employees.

  • Ch 2, p 4
28
Q

What shall the State employer not do to exclude employee organizations?

A

Interfere with, intimidate, restrain, coerce or discriminate against supervisory employees because of exercising their rights.

  • Ch 2, p 4
29
Q

_______ established the right of a BU 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.

A

The Weingarten rule

  • Ch 2, p 5
30
Q

Headquarters and field commands _____ maintain a library of current contract interpretations, filed adjacent to the contracts.
A. May
B. Should
C. Shall

A

Should

31
Q

One role of a supervisor is to make decisions, you must:

A. Wait until the completion of the investigation to advise of decisions which were made.
B. Advise of decisions but keep the reasons for them confidential
C. Advise employees of decisions which affect them and the reasons behind them.

A

C. Advise employees of decisions which affect them and the reasons behind them.

32
Q

Which leave credits are not able to be donated to employee organization representatives?

A. Sick Leave
B. CTO
C. Annual Leave
D. Vacation

A

A. Sick Leave

33
Q

The first step to initiate a grievance/complaint procedure is an informal discussion between the employee and ______?

A. Another employee
B. Union Representative
C. Upper Management
D. Immediate Supervisor

A

D. Immediate Supervisor

  • Ch 7, p 4
34
Q

Informal Level -
Level 1 -
Level 2 -
Level 3 -
Level 4 -

A

Informal Level = discussion with immediate supervisor

1 - Area Commander, 2 - Division Commander, 3 - Commissioner, 4 - CalHR

35
Q

The motorcycle rider, Pilot, Bilingual or investigator are all descriptions of what?

A. Special Duty officer
B. Specialty pay positions
C. Area Details
D. Advancement employment initiatives

A

B. Specialty pay positions

36
Q

Removal from a specialty pay position with cause must have the approval of the appropriate______?

A. Commissioner
B. Area Commander
C. Division Commander
D. Assistant Commissioner

A

D. Assistant Commissioner

37
Q

________ is an extension of the collective bargaining process but differs in that - the parties
have ceased to negotiate with each other and are attempting to convince an independent third party that their position or interpretation should be upheld, outside a court of law.

A

Arbitration

  • Ch 9, p 4
38
Q

Almost all arbitration is voluntary. (True or False)

A

True

  • Ch 9, p 3
39
Q

Contracts can’t be changed except by mutual agreement between Department and employees’ representatives. Changes affecting working conditions may occur for operational necessity through _____ and _____.

A

Meet and Confer

40
Q

A commander is obligated to meet-and-confer with a
(CAHP) representative over the
findings of a citizen’s complaint investigation or regarding any comment on performance documents (i.e., CHP 100s, Officer’s Evaluation/Activity Summary form, Memorandums of Direction, Correction or Findings, Censurable Incident Report), IF __________.

A

Only IF REQUESTED.

  • Ch 11, p 4
41
Q

What documents are excluded from Meet-and-Confer?

A

Annual evaluations (CHP 118s, Performance Appraisal) are excluded from this process.

  • Ch 11, p 4