HPM 9.1: Employee Relations Manual

Question 1

What takes precedence, policy or contract?

Answer 1

Contract, unless there is mutual agreement.

Question 2

Who is responsible for developing, coordinating and administering employee relations policies and procedures for the office of the commissioner?

Answer 2

Office of Employee Relations

Question 3

Who serves as the departmental authority for the administration of the management relations program?

Answer 3

Office of Employee Relations

Question 4

California Highway Patrol management contracts in __ of the 21 bargaining units and shall apply and enforce the terms of these contracts.

Answer 4

12

Question 5

Questions from the management team regarding the correct management interpretations of a contract provision may be directed to ___?

Answer 5

OER

Question 6

Where can you access bargaining unit contracts?

Answer 6

CHP intranet under the OER Web page and at CalHR’s website.

Question 7

The elements. The following information must be included on a formal grievance/complaint:

Answer 7

(a) Alleged violation specific provision or policy violated.
(b) Statement of the problem.
(c) Proposed remedy.

Question 8

Their response to a formal grievance/complaint should be concise and include the following elements:

Answer 8

(a) Introduction
(b) Management’s Position
(c) Decision

Question 9

Important considerations in your response to a grievance/complaint:

Answer 9

1. Avoid redundancy.
2. Identify the violation.
3. Conduct a comprehensive investigation.
4. Do not respond to expanded allegations.

Question 10

Should management accept a grievance or complaint filed on the incorrect form?

Answer 10

Management should accept a grievance/complaint which has been submitted improperly if the grievant/ complainant insists on its submission after being advised of the error.

Question 11

Can an employee file a grievance or complaint on the basis of suspicion?

Answer 11

No. An employee cannot file a grievance/complaint on the basis of suspicion. Grievances/complaints filed prior to the alleged violation should be denied as no violation has occurred. Management must take some action before a grievant/complainant can allege a violation of the contract or departmental policy.

Question 12

Even if a grievance/complaint is not filed within these time limits, it should/shall still be accepted by the appropriate level.

Answer 12

should. But denied because of its untimeliness. The issue of disputes should still be addressed in the grievance complaint response, since the reason for the procedure is to resolve problems.

Question 13

Grievances/complaints which do not allege a violation of the contracts or departmental policy or of regulations, rules, policies or practices should/should not be accepted.

Answer 13

…should not be accepted. Although a grievance/complaint investigation is not necessary, a formal response should be issued denying the grievance/complaint since it does not meet the definition.

Question 14

When the grievance or complainant does not specify a contract or policy violation, the grievance complaint should/shall be denied.

Answer 14

…should be denied. It is the grievant’s or complainant’s responsibility to identify any alleged violation. Failing to do so does not permit management to fully consider the issue.

Question 15

A grievance or complaint should/shall be filed on either a CHP 94, Employee Grievance/Complaint; a STD 630, Employee Contract Grievance; or union equivalent.

Answer 15

should.

Question 16

Processing a grievance/complaint. Level one:

Answer 16

A copy of the formal grievance complaint, the 1st level response, and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the respective division and the OER within 5 working days after issuance of the response.

Question 17

Step 2:

Answer 17

A copy of the grievance/complaint, the 2nd level response and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the affected command and OER within 5 working days after issuance of the response.

Question 18

Step 3:

Answer 18

Upon appeal to the 3rd level, OER will forward a copy of the 3rd level appeal to the affected commands within 3 working days after receipt. A copy of the departmental response will be forwarded to the affected commands within 3 working days after issuance.

Question 19

Step 4

Answer 19

California Department of Human Resources sends the Department a copy of the response to a Level Four appeal. The OER, in turn, will provide copies of the Level 4 response to the affected commands within 3 working days after receipt.

Question 20

As provided for in the grievance/complaint and appeal procedures for excluded and represented employees, time limitationsis may be extended to a specific date by mutual agreement on both parties. Once granted, extensions shall/should be reaffirmed in writing and attached to the grievance/complaint, with a copy to all affected parties.

Answer 20

shall

Question 21

BU 5. How many days to initiate a grievance?

Answer 21

21 calendar days

Question 22

BU 5 How many days does the immediate supervisor have to respond to a grievance?

Answer 22

7 calendar days

Question 23

After an informal discussion with the immediate supervisor, how long does a BU 5 employee have to appeal?

Answer 23

7 calendar days (or 21 calendar days from the event)

Question 24

BU 5. How many days does the commander have to respond to a Level 1 Grievance?

Answer 24

14 calendar days.