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Fhp Study Guide > PBA Contract > Flashcards

PBA Contract Flashcards

1
Q

_________ shall mean a dispute involving the interpretation or application of the
specific provisions of this Agreement, except as exclusions are noted in this Agreement, filed on the
appropriate form as contained in Appendix B of this Agreement. ( PBA Article 6 Section 1(A))

A

Grievance

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2
Q

__________ shall mean a Florida Highway Patrol employee or a group of Florida
Highway Patrol employees having the same grievance. In the case of a group of employees, one
shall be designated by the group to act as spokesperson and to be responsible for processing the
grievance. ( PBA Article 6 Section 1(B)

A

Grievant

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3
Q

_______ refers to business days. (PBA Article 6 Section 1(C)

A

Days

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4
Q

__________refers to the ordinary business
hours (i.e., 8:00 a.m. until 5:00 p.m., Monday through Friday) in the time zone in which the recipient
is located. (PBA Article 6 Section 1(C)

A

Business Days

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5
Q

_______ does not include any day observed as a holiday pursuant to F.S.S 110.117 or day during suspension of grievance processing as agreed in writing by both parties. does not include days where offices of Department Management Services are closed by Executive Order of the Governor. (PBA Article 6 Section 1(C)

A

Business Days

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6
Q

If a grievant or the PBA has a grievance which may be processed under this Article
and which may also be appealed to PERC, _________________shall elect at the outset which
procedure is to be used and such election shall be binding on the grievant or the PBA. In the case of
any duplicate filing, the action first filed will be the one processed. (PBA Article 6 Section 2 (A))

A

the grievant or the PBA

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7
Q

A grievant who decides to use this Grievance Procedure shall indicate at_________ whether he shall be
represented by the PBA. (Article 6 Section 2(B))

A

Step 1 (or
other initial written step if authorized by the provisions of this Article)

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8
Q

When the grievant has elected PBA representation, the grievant and the
PBA Grievance Representative __________ of any Step 1 meeting. (Article 6 Section 2(B)

A

shall be notified

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9
Q

If the grievant is not represented by the PBA, an adjustment of the grievance shall be
_________. (Article 6 Section 2(C)

A

consistent with the terms of this Agreement

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10
Q

A grievant using this procedure in the
processing of a grievance will be _______ by the procedure established by the Parties to this
Agreement. (Article 6 Section 2(C)

A

bound

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11
Q

The PBA shall ________ by the decision of a grievance or arbitration in which the
grievant was not represented by the PBA. (Article 6 Section 2(C)

A

not be bound

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12
Q

Employee grievances filed in accordance with this Article are to be presented and
handled promptly at the________. (Article 6 Section 3 (A)

A

lowest level of management having the authority to adjust the grievances

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13
Q

Grievances and grievance responses may be filed by _________. (Article 6 Section 3 (A)

A

hand-delivery, mail (including email), or
courier

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14
Q

Documents received after business hours shall be considered received the ________. ((Article 6 Section 3 (A)

A

next business
day

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15
Q

There shall be no ________against any of the participants in the procedures contained
herein by reason of such participation. (Article 6 Section 3 (B)

A

reprisals

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16
Q

The filing or pendency of a grievance under the provisions of this Article shall in no
way operate to_________ with the right of the state to take the action complained of,
subject, however, to the final disposition of the grievance. ( Article 6 Section 3 (C)

A

impede, delay or interfere

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17
Q

After a grievance is presented, no new violation or issue can be raised unless the
Parties _________, but in no event later than the filing of a
contract language grievance at Step 3, or the filing of a disciplinary grievance at Step 2. (Article 6 Section 3 (D)

A

agree in writing to revise or amend the alleged violations or issues, or upon a party’s showing
of good cause for the consideration of such new issue

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18
Q

When an
issue is unchanged, but it is determined that an article, section, or paragraph of the Agreement has
been cited imprecisely or erroneously by the grievant, the grievant ______. (Article 6 Section 3 (D)

A

have the right to amend that
part of his grievance

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19
Q

The resolution of a grievance prior to its submission in writing to Arbitration shall
__________ a precedent binding on either the PBA or the state in other cases. (Article 6 Section 3(E)

A

not establish

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20
Q

If a grievance meeting, mediation, or arbitration hearing is held or requiresreasonable
travel time during the regular work hours of the grievant, a representative of the grievant, or any
required witnesses, such hours ________. (Article 6 Section 3(F)

A

shall be deemed time worked.

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21
Q

Attendance at grievance meetings,
mediation, or arbitration hearings outside of a participant’s regular work hours _____________. (Article 6 Section 3 (F)

A

shall not be deemed
time worked

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22
Q

All grievance meetings shall be held at times and locations agreed to by the parties
except that, unless agreed otherwise, all meetings shall be held within _________ of the grievant’s
place of work. (Article 6 Section 3 (F)

A

50 miles

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23
Q

An employee having a grievance may, within ________ following the
date on which the employee knew or should have known of the event giving rise to the grievance,
submit a grievance at Step 1. (Article 6 Section 3 G Step 1)

A

15 days

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24
Q

The Step 1 Management Representative or designee shall
communicate a decision in writing to the grievant and to the PBA Grievance Representative, if any,
within _______ following receipt of the written grievance. (Article 6 Section 3 Step 1(B)

A

15 days

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25
Q

If grievance is not resolved at the Step 1 level, the grievant may submit a grievance in writing to the Agency Head or designated representative within _____ of receipt of decision at Step 1. (Article 6 Section 3 Step 2)

A

15 days

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26
Q

The agency head or representative, upon receipt of Step 2 complaint, shall communicate a decision in writing within ______ of receipt of written grievance. (Article 6 Section 3 Step 2(b))

A

15 days

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27
Q

If a Step 2 grievance alleges disciplinary action was taken without just cause, and is not resolved at Step 2, he or she may appeal the grievance to arbitration with ______ days of receipt of Step 2 decision. (Article 6 Section 3 Step 2(C)

A

15 days

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28
Q

If grievance concerning the interpretation of or application of PBA agreement, other than disciplinary action, may appeal by submitting grievance to __________ within 15 days following receipt of Step 2 decision. (Article 6 Section 3 Step 3)

A

Office Manager for the Office of the General Counsel of the Department Management Services

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29
Q

At Step 3 Level, decision will be provided to grievant or representative within _______ following receipt of grievance. (Article 6 Section 3 Step 3(b)

A

15 days

30
Q

If grievance alleging disciplinary action was taken without cause is not resolved at Step 2, the PBA may appeal the grievance to arbitration within _______ following the receipt of decision of Step 2. ( Article 6 Section 3 Step 3)

A

15 days

31
Q

If contract language dispute is not resolved at Step 3, PBA may appeal the grievance to an arbitrator within _____ following the receipt of decision at Step 3. (Article 6 Section 3 step 3)

A

15 days

32
Q

In grievance mediation involving an arbitrator, parties will schedule a mediation within ______ of the filing for a request for Arbitration, unless mediator requires a longer period. (Article 6 Step 3)

A

40 days

33
Q

Either party may withdraw from the mediation process with written notice no later than _______ before a scheduled mediation. (Article 6 Step 3)

A

5 days

34
Q

If mediation is unsuccessful in resolving a grievance, the PBA will notify the Arbitration Coordinator and agency representative with ________ after the mediation concludes. (Article 6 Step 3)

A

10 days

35
Q

Arbitration hearing will be held at employee’s ________ or other DHSMV facility within 50 miles of employees ‘s assigned work location. (Article 6 Section 3)

A

Troop Headquarters

36
Q

At least ______ before arbitration, parties will provide each other with a list of witnesses, rebuttal witnesses, and brief statements of facts. (Article 6, Section 3)

A

15 days

37
Q

The arbitrator’s reward may not include ___________ to the grievant. (Article 6 Section 3)

A

backpay

37
Q

If the grievance arises from the action of an official higher than the Step 1 Management Representative, then the grievance shall be initiated at ______ or where appropriate. (Article 6 Section 5)

A

Step 2

38
Q

An employee who has not attained permanent status in his current position may only
file __________grievances to Step 3, unless the processing of such grievances is further limited
by specific provisions of this Agreement (Article 6 Section 5)

A

non-discipline

39
Q

Expedited arbitration hearings shall be no longer than _________ in duration,
with each party limited to three hours. (Article 6 Section 6)

A

6 hours

40
Q

______ shall be defined as continuous service at the broadband level. (Article 15 Section 1)

A

Seniority

41
Q

An employee shall be considered to have a break in service when the employee separates and is not in any State Personnel payroll for at least ________. (Article 15 Section 1)

A

31 calendar days following separation

42
Q

Except under extraordinary circumstances, vacations, shifts, shift transfers and regular days
off shall be scheduled with due regard for the needs of the agency, ________, and employee
preference. (Article 15 Section 2)

A

seniority

43
Q

Where practicable, requests for leave of 40 contiguous hours or more, or for holidays, shall
be requested at least _______ in advance of such leave. (Article 15 Section 3)

A

60 days

44
Q

The DHSMV ________require an employee to split a workday into two or more
segments without the mutual agreement of the employee and the employer. (Article 18 Section 1)

A

shall not

45
Q

If the state adjusts an employees schedule to offset overtime, the state must notify the employee ______ before the adjusted shift if the employee is in an 80 hour work cycle. ( Article 18 Section 1(b)

A

24 hour notice

(36 hours during 160 hour period)
(prior to commencement of shift for 40 hour period)

46
Q

The work periods for employees shall be 40, 80, or 160 hours, as determined by the ________. (Article 18 Section 1(c))

A

Executive Director of the DHSMV

47
Q

Where an employee has an established schedule, a change in workdays or shifts will
be posted no less than ______in advance.
( Article 18 Section 2)

A

14 calendar days in advance

48
Q

An employee is entitled to a ________ break for every contiguous 4 hours worked. ( Article 18 Section 3)

A

15 minute

49
Q

Rest periods __________for covering an employee’s late arrival on duty or
early departure from duty, and are not to be used contiguously with a meal break. (Article 18 Section 3)

A

are not authorized

50
Q

A complaint regarding rest period may be grieved up to and including _________, and the decision by agency head or designee will be binding. ( Article 18 Section 3)

A

Step 2

51
Q

An employee shall not be compelled to use leave to offset overtime during an emergency period unless the employee has worked _________. If so, department will have the discretion to have employee take one regular day off before return to normal assignment. (Article 18 Section 4)

A

13 consecutive days

52
Q

An employee may only accrue _____ of FLSA leave, to be taken at any increments at the employee’s discretion provided it is taken by December 31 or June 30. (Article 18 Section 5)

A

80 hours

52
Q

_______ are exempt from the 80 hour cap on FLSA leave. (Article 18 Section 5)

A

Academy Recruits

53
Q

Recruits may request up to _______ of FLSA leave upon graduation from the academy or educational institution for the purpose of relocating to their new assignment. Such leave must be authorized. (Article 18 Section 5)

A

120 hours

54
Q

All special comp hours earned on or after November 1, 2019, must be used prior to being able to use _________. ( Article 18 Section 6)

A

Regular Comp, Annual Leave.

55
Q

Special comp earned on or after November 1, 2019 must be used before annual leave unless _______. (Article 18 Section 6)

A

unless annual leave is being substituted for employee’s unpaid individual medical leave granted in accordance with the FMLA or parental leave.

56
Q

Special Leave Credits(earned o/a Nov 1, 2019) not used each year by April 30 or October 31, shall be paid out to employee at the employee’s _______. ( Article 18 Section 6)

A

current regular hourly rate of pay

57
Q

Special comp hours not used ______ from the end of the work period in which the leave is credited shall be paid to the employee at the employee’s current hourly regular rate of pay. (Article 18 Section 6)

A

120 days

58
Q

An employee who sustains a job-related disability shall be carried in full-pay status for up to ________immediately following the onset of the injury without being required to use accrued
leave. (Article 18 Section 8)

A

40 work hours

59
Q

An employee who is maliciously or intentionally injured and thereby sustains
a job-connected disability compensable under Chapter 440, F.S., shall be ___________during the duration of the disability rather than being required to use accrued
leave. (Article 18 Section 8)

A

carried in full-pay status
on administrative leave

60
Q

After employee has used more than 100 hours of accrued sick, annual leave, or comp leave, the agency may request permission to continue the employee in full-pay status for a subsequent period of not more than ________ from the date requested by the agency. (Article 18 Section 8)

A

26 weeks

61
Q

An employee’s request to work alternate duty as a result of an injury in the line of duty is able to be grieved up to and including ________. ( Article 18 Section 8)

A

Step 2

62
Q

Personal property replacement, other than watch or prescription glasses, must be approved in advance by the __________ as required to adequately perform the duties of the position. ( Article 19 Section 1)

A

DHSMV

62
Q

The DHSMV has the option to decide whether a specific piece of property is
repaired versus _______. (Article 19 Section1)

A

replaced

62
Q

The employee shall not be reimbursed or have property repaired or replaced
if the DHSMV determines that the damage, destruction, or loss resulted from the employee’s ___________. (Article 19 Section 1)

A

negligence

63
Q

Reimbursements for damage property are limited to _______. (Article 19 Section 1)

A

watch- $150
Prescription Eyeglasses- $300

Other items as determined by agency head
Total allowable for all items per incident- $3,000

64
Q

An employee required to be on-call shall be paid an on-call additive in an amount of _______ for the hours such employee is required to be on call. (Article 24 Section 1)

A

$1 per hour

65
Q

An employee required to be on-call Saturday, Sunday or holidays shall be paid an additive in an amount per hour equal to _________ for the hours such employee is required to be on call. (Article 24 Section 1)

A

one-fourth of the state-wide hourly minimum for the employee’s paygrade

66
Q

If an employee is required to go to court during regular scheduled duty, employee shall be ______ and return to regular duty after court is finished. ( Article 24 Section 4)

A

credited with time worked

67
Q

An employee called out to work at a time not contiguous with the employee’s scheduled
hours of work shall be credited for actual time worked, or a________, whichever is
greater. (Article 24 Section 3)

A

minimum of 4 hours

68
Q

If employee is required to attend court during off duty hours, employee will be credited with time worked or ______, whichever is greater. (Article 24 Section 4)

A

2.5 hours

Fhp Study Guide (7 decks)

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