HPM 9.1 - Employee Relations Manual

Question 1

What takes precedence if there is a conflict, Policy or the Contract?

Answer 1

Contract, unless mutual agreement.

Question 2

What is the Dills Act (short version)?

Answer 2

Give employees the right to be represented on issues pertaining to wages, hours, conditions and employment. Right to meet and confer.

Question 3

What is the Excluded employee’s bill of rights?

Answer 3

Supervisory employees have the right to be represented regarding matters related to employment conditions and supervisor employee relations.

Question 4

Who is afforded POBR rights?

Answer 4

All employees. Not cadets.

Question 5

Unit 5. Who is considered a represented employee?

Answer 5

An employee who is not designated as a supervisor, manager, or confidential employee (rank and file)

Question 6

True or False

Supervisory employees are not entitled to bargaining unit rights, exclusive representation, or the right to file an unfair labor practices charge.

Answer 6

True: Limited rights only

Question 7

What is the role of a management team?

Answer 7

Direct the workforce towards accomplishing goals, reflection of management

Question 8

A recognized organization may use existing bulletin boards to post information on the following subjects:

Answer 8

1. Notice of official committees or meetings
2. Notice of elections and their results
3. Notices of recreational or social events
4. Other official business

Shall be dated, initialed and copy given to commander. Shall be professional. Management retains final authority for removal.

Question 9

May an employee conduct association/union activities during work hours? If not, when?

Answer 9

No. An employee may conduct business during non-work hours. Such as lunch breaks, rest breaks, before and after work.

Question 10

True or False

State vehicle shall not be used by reps during rep functions?

What about copiers, fax, audio visual equipment and other equipment?

Answer 10

True

Yes, but provided it doesn’t generate additional costs. May need supervisor or commander notification in some instances.

Question 11

Release time: The needs of the command are the primary consideration when approving request for release time. When may release time be granted?

Answer 11

During employees regular work hours. No shift or schedule changes are allowed.

Question 12

Who may grant or deny release time?

Answer 12

Employee’s supervisor

Question 13

Can an employee representative claim travel time for rep activities, employee organizations business or interrogation representation?

Answer 13

No

Question 14

True or False

During work hours, an employee may utilize a reasonable amount of release time for grievance / complaint representation?

Answer 14

True (not for meet and confer)

Excluded employees may represent excluded employees.

Question 15

How many hours of release time may a rep use to assist an officer who has been involved in an officer involved shooting?

Answer 15

8 hours. If the time is outside the reps regular works hours, the reps regular work shift shall be adjusted to compensate.

Question 16

When is the grievance procedure used?

Answer 16

Violation of contract. Example: denial of representation, denial of OT compensation, annual performance evaluation.

Question 17

When is the complaint procedure used?

Answer 17

Settles dispute over policy and procedures. Examples: allegation officer must work graveyard shift alone, denial of hardship transfer

Question 18

When can an excluded employee file a grievance?

Answer 18

Involves a dispute over statues, regulations or policy. Example: denial of OT, transfer, request to remove censurable incident report

Question 19

What are the 5 levels of grievance/complaint process?

Answer 19

1. Informal (discussion employee and supervisor
2. Level 1 – Area Commander
3. Level 2 – Division Commander
4. Level 3 – Office of comm. (final level for represented employees)
5. Level 4 – DPA (last level for excluded employees)

Question 20

What elements are required to be included on a formal grievance/complaint?

Answer 20

1. Alleged violation
2. Statement of the problem
3. Proposed remedy

Question 21

What are the elements in management’s response to a formal grievance/complaint?

Answer 21

1. Introduction
2. Management’s Position
3. Decision
   Important – only respond to alleged violation. Do not expand on allegations.

Question 22

Can a grievance or complaint be accepted on a CHP memo? Yes or No

Answer 22

No. Only on a CHP 94

Question 23

What are the four steps in processing a grievance/complaint?

Answer 23

1. Copy, first level, forwarded to Division and OER within 5 days.
2. Copy, second level, forward to area and OER within 5 days
3. Appeal to third level. OER will forward to area within 3 working days. Response will sent to affect commands within 3 working days.
4. Upon receipt, OER will send Level 4 response to area within 3 working days.

Question 24

Grievance and appeal procedures (Excluded Employees). What are the time limits for an informal discussion (employee/rep)?

Answer 24

Employee/rep shall discuss grievance with immediate supervisor within 10 days. Supervisor shall render a decision either verbally or in writing within 5 days.

Question 25

What is the purpose of arbitration?

Answer 25

Arbitration is a third party settlement of disputes outside of court. Handled by OER and DPA.

Question 26

True or False: A commander may choose not to meet and confer with a rep over findings in a citizen’s complaint, a comment on performance documents, MOD or Form 2?

Answer 26

False. A commander is obligated to meet. However, it is the commander choice whether or not to allow the employee in the meeting.

Question 27

What is an unfair labor practice?

Answer 27

Actions or inactions that violate the Dill’s Act.

Question 28

Who act as the departmental rep for issues relating to Management relations?

Answer 28

OER – Office of Employee Relations

Question 29

Who may grant the approval to remove an employee from a position for which they are getting specialty pay (i.e., motor officer, investigator)?

Answer 29

The appropriate Asst. Commissioner. The commander must provide the documentation for cause and effective date of removal.