HPM 9.1 Employee Relations Manual Flashcards
When Department policy conflicts with a contract, _______. (5-3)
a. Departmental policy shall prevail
b. OER shall be contacted for the current situation
c. The provisions of the contract shall prevail
d. the decision of the CAHP shall prevail
c. The provisions of the contract shall prevail
Employees may conduct and participate in employee organization business activities during ________.
a. Lunch and rest periods
b. Briefings and debriefings
c. Anytime during their assigned work shift
d. All the above
a. Lunch and rest periods
An excluded employee and his/her representative, if an employee of this Department, shall be entitled to state release time for preparing and presenting a grievance or appeal at each step in the grievance process. Generally, up to a maximum of _____ hours may be authorized to prepare and present a grievance at each level of appeal. Excluding extensions.
a. 2
b. 3
c. 4
d. 5
e. 6
c. 4
An employee who is representing him/herself in a grievance or complaint, is entitled to _____ hours of state release time for preparation.
a. 2
b. 3
c. 4
d. 6
e. none
e. none
Complaint records shall be retained in the affected command levels for a period of _______ following the date of the final action.
a. 1 year
b. 2 years
c. 3 years
d. 4 years
e. 5 years
a. 1 year
Which is not considered a specialty pay position?
a. Motorcycle assignment
b. Pilot or Flight officer positions
c. K-9 or K-9 support officer assignment
d. Bilingual positions
e. Investigator positions
c. K-9 or K-9 support officer assignment
Prior to removing an employee for cause from any specialty pay position, approval must be obtained from the appropriate _________.
a. District Representative
b. Area Commander
c. Division Chief
d. Assistant Commissioner
d. Assistant Commissioner
Should Commander openly discuss changes with employees and employee representatives?
a. Yes
b No
a. Yes
When acting as an employee rep, what level is the representative in relationship to management?
a. Equal
b. Not equal
c. Subordinate
d. None of the above
a. Equal
Employee Relations Responsibilities- Managers are essential to the success of employee relations. Which of the following is NOT the responsibility of managers and supervisors?
a. Managers are responsible for seeing that the employee relations policies of the CHP are properly administered
b. Managers are responsible for representing the Department in negotiations for various bargaining units
c. Managers are responsible for knowing the appeal and response times allocated for a grievance/complaint
d. Managers are responsible for knowing which bargaining units are represented in their respective commands.
b. Managers are responsible for representing the Department in negotiations for various bargaining units
Questions from the management team regarding the correct management interpretations of a contract provision may be directed to:
a. California Department of Human Resources (CalHR)
b. Assistant Commissioner Staff
c. Division Commander
d. Office of Employee Relations (OER)
d. Office of Employee Relations (OER)
Grievance procedure–Represented Employees- Which of the following would NOT be an example of a represented employee grievance:
a. Denial of representation during the grievance procedure
b. Denial of overtime compensation provided by the contract
c. Allegation that an officer must work the graveyard shift alone
d. Annual performance evaluations
c. Allegation that an officer must work the graveyard shift alone
Commanders shall ensure all outdated contracts are destroyed to preclude a misapplication of the current contract.
A. True
B. False
A. True
If an employee transfers or promotes to another command prior to the final disposition of a grievance/complaint, which of the following shall occur:
a. Copies of the grievance/complaint documents shall be sent to the new command.
b. Copies of the grievance/complaint documents shall be maintained at the command where the grievance/complaint was initiated
c. Copies of the grievance/complaint documents may be sent to the new command with the concurrence of the exclusive representative
d. Copies of the grievance/complaint shall be destroyed
a. Copies of the grievance/complaint documents shall be sent to the new command.
Grievances/Complaints which do not allege a violation of the contracts or departmental policy (for represented employees) should be accepted.
a. true
b. false
a. true
Which of the following is an example, specific to Bargaining Unit 5, where a commander is obligated to “meet and confer” with a California Association of Highway Patrolmen (CAHP) representative?
a. Prior to initiating an internal investigation
b. Prior to a change in Department-wide existing policy during an emergency situation
c. To discuss the findings of citizen’s complaint investigation or regarding any comment on performance documents, if requested.
D. To discuss area strategic plan for the upcoming year
c. To discuss the findings of citizen’s complaint investigation or regarding any comment on performance documents, if requested.
Not all special assignments have a specialty pay attached. Of the following, which are currently considered specialty pay positions?
a. Motorcycle, Background Investigator, Pilot or Flight officer, Capital Svcs officer
b. Motorcycle, Bicycle Patrol, Investigator, Bilingual positions
c. Motorcycle, Dignitary Protection officer, investigator, El Protector
d. Motorcycle, Pilot or flight officer, Investigator, Bilingual positions
d. Motorcycle, Pilot or flight officer, Investigator, Bilingual positions
Grievances are kept at the Area office for _____ and Headquarters for ______.
a. 1 year / 3 years
b. 3 years / 5 years
c. 5 years / 7 years
d. there are no specific time frames to retain grievances
b. 3 years / 5 years
Complaints are kept at the Area office for _____ and Headquarters for ______.
a. 1 year / 3 years
b. 3 years / 5 years
c. 5 years / 7 years
d. there are no specific time frames to retain grievances
a. 1 year / 3 years
When there is a conflict between the contract/MOU and departmental policy, departmental policy shall be controlling.
a. true
b. false
b. false
Which of the following employee classifications are considered “excluded:”
a. managers
b. confidential employees
c. supervisors
d. all the above
d. all the above
A union representative can use the departmental telephone to conduct employee relations business provided:
a. the Area Commander approves
b. there are no toll fees associated with the call
c. there is no interference with office operations
d. All of the above
e. B & C
e. B & C
Which body of law requires the Department to meet and confer in good faith on managerial actions affecting wages, hours, and terms and conditions of employment?
a. Government code
b. California Code of Regulators
c. State Administrative Manual (SAM)
d. Civil Code
a. Government code
Under the Dills Act, managerial employees have representational rights
a. true
b. false
b. false
Departmental overtime may be claimed for employees representation, provided the Commander approves the request, and the overtime does not interfere with departmental operations.
a. true
b. false
b false
Complaint and grievance records are to be kept separate from an employee’s personnel record
a. true
b. false
a. true
You are the lieutenant at a field command. You have tasked on of your sergeants with interviewing a handful of officers for a special duty position and making recommendations to you about who should be selected for the position. One of the candidates is the Area’s CAHP representative. The sergeant explains that, while the representative was probably the most qualified candidate, he is known to be overly aggressive when representing frivolous complaints by officers, so the sergeant would prefer not to select him for the position. Which of the following is true?
a. This would represent an unfair labor practice; the representative’s role or performance as a representative cannot be considered
b. The sergeant’s opinion should be considered, as his concern is a legitimate concern and applicable to the position being sought
c. As long as the representative is not being discounted due to a specific representation event, consideration of his representation performance is permissible
d. both B & C
a. This would represent an unfair labor practice; the representative’s role or performance as a representative cannot be considered
BARGAINING UNITS WITHIN THE CHP:
CHP management administers contracts in ____ of the ___ bargaining units.
12 of 21
INTRO OF FORMAL COLLECTIVE BARGAINING LAW:
SB 839, the State Employer-Employee Relations Act (SEERA), by Senator Ralph C. Dills, became effective _______. Under this law, elected representatives of represented employees are recognized and deal as equals with employer in determining wages, hours, and other terms and conditions of employment.
July 1, 1978
State Employer-Employee Relations Act Renamed the Ralph C. Dills Act on ________ .
May 22, 1986
WORKING WITH EMPLOYEE REPRESENTATIVE:
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 _______ ground with management.
equal
ACCESS (REPRESENTATIONAL PURPOSES):(5-3)
1.Officials and designated representatives of recognized employee organizations, including supervisory organizations, SHALL be permitted ______access to work locations to meet with departmental employees on representational matters.
reasonable
ACCESS (REPRESENTATIONAL PURPOSES):(5-3)
2, A representative desiring access to a work location must state the _____ and request ______ from that location’s commander or designee within a reasonable amount of time PRIOR to an intended visit.
Purpose / Approval
ACCESS (REPRESENTATIONAL PURPOSES):(5-3)
3. A representative must also obtain permission from their immediate supervisor to engage, during work hours, in business relating to representational matters. Permission to engage in such activities SHALL be granted promptly unless such absence would interfere with efficient operations. If permission is denied, an _____ time will be arranged.
Alternate
ACCESS (REPRESENTATIONAL PURPOSES):(5-3)
4. Access to a work location may be denied or delayed for reasons including ________, _______, work load requirements, or other legitimate circumstances.
safety, security
ACCESS (REPRESENTATIONAL PURPOSES):(5-3)
5. Where access is denied, reasonable alternatives should be provided to allow representative and opportunity to communicate with employees.
T/F
True
BULLETIN BOARDS: (5-4) A recognized employee organization may use existing employee organization bulletin boards to post information or materials concerning the following subjects: 1. 2. 3. 4.
- official organization committee meeting notice or results.
- elections and results
- recreational /social events
- Other official organizational business
BULLETIN BOARDS: (5-4)
Any materials posted SHALL be _____and ______ by the organization representative, and a copy of all materials posted SHALL be provided to the commander or designee at the time of posting.
dated and initialed
BULLETIN BOARDS: (5-4)
If doubt exists as to the propriety of material posted, ____ should be consulted before removal.
OER
EMPLOYEE ORGANIZATION BUSINESS ACTIVITIES:
a, During Assigned Working Hours
Employees SHALL NOT conduct or participate in employee organization business activities during assigned work hours. some examples include:
1.
2.
3.
- organization meetings,
- dues collection, and
- membership campaigns.
EMPLOYEE ORGANIZATION BUSINESS ACTIVITIES:
b. Definition of Non-working hours: (5-4)
Employees “own time” or “non-working hours” are considered to be _________, _________, and time before and after work.
lunch periods, rest breaks
DISTRIBUTION OF EMPLOYEE ORGANIZATIONAL LITERATURE: (5-5)
a. An employee representative may distribute organization literature _______ or _______ working hours or during meal and rest periods in non-working areas.
before / after
DISTRIBUTION OF EMPLOYEE ORGANIZATIONAL LITERATURE: (5-5)
b. Employee mailboxes (CAN/CANNOT) be utilized for the distribution of organization literature.
CAN
USE of STATE TELEPHONES: (5-5)
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 interferes with operations of the facility or officer.
T/F
True
USE OF STATE EQUIPMENT/SUPPLIES (5-5)
VEHICLES: State vehicles (SHALL/SHALL NOT) be used for transportation by employees or employee organization representatives while participating in representational or employee organization business.
SHALL NOT
MAIL SYSTEMS (5-6): Use of the States and Departments internal mail system for distribution of organizational business (IS / IS NOT) permitted.
IS NOT
STATE RELEASE TIME - MEET AND CONFER: (6-3)
a. Represented Employee Organizations. Subject to managements approval, a reasonable number of representatives, who are employed by the state, will be allowed a reasonable amount of state release time to attend meet and confer sessions with management.
T/F
True
OFF SITE MEETINGS: (6-5)
e. State release time (SHALL/SHALL NOT) be authorized for an employee to leave the work site to meet with an organization representative on a representational matter.
SHALL NOT
STATE RELEASE TIME - GRIEVANCES/ COMPLAINTS:
2. Organization Representatives: (6-6)
Normally, up to a maximum of _____ hours may be authorized to prepare and present a grievance/complaint at the informal level and each formal appeal level in the grievance and appeal procedures.
four (4)
STATE RELEASE TIME - GRIEVANCES/ COMPLAINTS:
d. Self Representation. (6-7)
An employee who is representing themselves in a grievance or complaint does not have the right to state release time for preparation.
T/F
True
CONTRIBUTORY TIME BANKS:
TIME INCREMENTS: (6-7)
Some bargaining units and supervisory organizations have negotiated CTB’s. Employees may voluntarily donate certain leave credits into the banks utilized by employee organization representatives for union business. Contributions must be in _____ hour increments, except for holiday credits which must be in _____ hour increments. Sick leave credits may not be donated.
one (1)
eight (8)
Grievance: (8-3)\
Definition:
Grievance- An EXCLUDED employee grievance is a dispute of one or more employees involving the application or interpretation of a statute, regulation, policy, or practice which falls under the jurisdiction of California Department of Human Resources.,
T/F
TRUE
INFORMAL DISCUSSION: (8-4)
The employee or the employee’s representative SHALL discuss the grievance with their immediate supervisor. This discussion must occur within __ working days of the events(s) or circumstance(s) causing the grievance.
Within ______ work days, the immediate supervisor SHALL render their decision either verbally or in writing. This must be accomplished before a formal grievance can be filed.
ten (10)
five (5)
FORMAL GRIEVANCE - LEVEL 1 (8-4)
- If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be filed not later than:
- ___ work days after the event or circumstances occasioning the grievance
- within ___ work days of the decision rendered in the informal grievance procedure, whichever is later
- Within ____ work days after receipt of the formal grievance, the person designated by the Department head as the first level of appeal SHALL respond in writing to the grievance.
ten (10)
five (5)
ten (10)
FORMAL GRIEVANCE - LEVEL 2 & LEVEL 3
- If the grievant is not satisfied with the decision rendered at level 1/2, the grievant may appeal the decision within ___ working days after receipt of the response to the person designated by the Department head as the second level of appeal.
- Within ___ work days after receipt of the appealed grievance, the person designated by the Department head as the second level of appeal SHALL respond in writing to the grievant.
ten (10)
15 work days
FORMAL GRIEVANCE - LEVEL 4: (8-5)
1. If the grievant is not satisfied with the decision rendered at level 3, the grievant may appeal the decision within ___ work days to the director of ______ or their designee.. This is the final step of the excluded employee appeal procedure.
- Within ___ work days, the director of CalHR or their designee SHALL respond in writing to the grievance.
ten (10) / CalHR
twenty (20)
ARBITRATION: (9-3)
There are ___ types of arbitration.
two
- Interest Arbitration
- Rights/ Grievance arbitration
THE RALPH C. DILLS ACT. (11-3)
Managements actions toward employee organizations stem from the Ralph C. Dills Act which governs state employer-employee labor relations. Under the Dills Act and the negotiated memorandums of understanding with the state bargaining units, management, and employee organizations are required to “meet-and-confer in good faith” on management actions affecting ____,_______, and other conditions of employment. .
wages, hours
WHEN IS IT NECESSARY TO MEET-AND-CONFER: (11-4)
a. All Represented Employees:
Changes due to the method of scheduling shifts and days off, amendments to SOP’s, overtime sign up revisions, logistical changes, or modifications to administrative processes that involve represented departmental employees are all examples of when a commander should MEET-AND-CONFER with the area representative(s).
T/F
True
BARGAINING UNIT 5 EMPLOYEES: (11-4)
In addition to the examples listed previously specific to Bargaining Unit 5, a commander is __________to MEET-AND-CONFER with a CAHP representative over the findings of a ____________, or regarding any COMMENT ON PERFORMANCE DOCUMENTS (ie: CHP100, MOD, MOC, MOF, Censurable Incident Report), IF REQUESTED. This provision has been memorialized as the __________ process. Annual evaluations (CHP118’s) are EXCLUDED from this process.
OBLIGATED
CITIZEN’S COMPLAINT INVESTIGATION
INFORMAL DISPUTE RESOLUTION (IDR)
UNFAIR PRACTICE: (12-3)
Unfair practices are those actions or inactions by the employer or exclusive representative which ____the rights guaranteed by the RALPH C. DILLS ACT.
VIOLATE
REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS: (14-3)
CAUSE (Defined): An articulable reason an employee cannot continue to perform in the specialty pay assignment _______ and/or ______. Management must be able to show that there is something about the employee’s performance/conduct which has a direct relationship to the employee’s ability to perform that particular skilled assignment.
SAFELY/ EFFECTIVELY
SPECIALTY PAY: (14-4) Positions: 1. 2. 3. 4.
Motorcycle
Pilot or flight officer
Bilingual
Investigator
SPECIALTY PAY REMOVAL PROCEDURES:
a. Approval Prior to removing an employee for cause from any specialty pay position, approval MUST be obtained from the _________________.
Appropriate Assistant Commissioner
DOCUMENATION: (14-5)
As indicated in the WHITE decision, an employee removed from specialty pay position is entitled to an administrative hearing, if desired.
T/F
True
