HPM 9.1 Flashcards.txt

  1. HPM 9.1 Employee Relations Manual
  2. 1. The Commissioner’s philosophy is that commanders establish and maintain positive lines of open ____ with employees and employee representatives.
  3. Communication (1-1)
  4. 2. Managers and ____ are responsible for seeing that the employee relations policies of the California Highway Patrol (CHP) are properly administered.
  5. Supervisors (1-1)
  6. 3. Administration of the Contracts: The state employer and the exclusive representatives of state employees in the __ bargaining units have agreed upon Memoranda of Understanding (MOU) that cover the wages, hours and other terms and conditions of state employment.
  7. 21 (1-2)
  8. 4. Bargaining Units within CHP: CHP management administers contracts in __ of the 21 bargaining units and shall apply and enforce the terms of these contracts.
  9. 11 (1-3)
  10. 5. CONTRACT DISTRIBUTION / Distribution by OER: Contracts are distributed by ___. Each command, Division, section, unit, receives ___ command library copy. In addition, contracts are posted on the CHP intranet under the OER web- page. Each bargaining unit contract is also available at DPA’s website.
  11. OER / One (1-3)
  12. 6. Destruction of Outdated Contracts: ____ shall ensure that all outdated contracts are destroyed to preclude a misapplication of the current contract.
  13. Commanders (1-4)
  14. 7. CONTRACT INTERPRETATIONS (CI) - CHP 602: The provisions negotiated within the contracts define the contractual rights and responsibilities of the employer, employee and the exclusive representative, which are ____ interpretations of the contract.
  15. Management’s (1-4)
  16. 8. CIs are __-house communications printed on ____ paper and distributed without cover memoranda to all applicable managers and supervisors.
  17. In / Blue (1-4)
  18. 9. ____ shall ensure that all applicable managers and supervisors, as well as first-line supervisors designated “represented” under the Dills Act, are informed of the content of the published CIs.
  19. Commanders (1-4)
  20. 10. Each headquarters and Field command shall / should maintain a library of all current CIs, filed adjacent to the contracts.
  21. Shall (1-4)
  22. 11. After several years of effort, the California State Employees Association (CSEA) sponsored the introduction of SB 839, the State Employer-Employee Relations Act (SEERA), by Senator Ralph C. Dills. On May 22, 1986, the Governor signed legislation (SB 2564) to retitle SEERA the ____ _ ____ Act effective January 1, 1987.
  23. Ralph C. Dills (2-1)
  24. 12. The Dills Act is a series of ____ Code Sections which govern collective bargaining for represented employees of the State of California.
  25. Government (2-2)
  26. 13. RIGHT TO REPRESENTATION / The Dills Act: Under the Dills Act, ____ employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.
  27. Represented (2-2)
  28. 14. RIGHT TO REPRESENTATION / Excluded Employees Bill of Rights: Under this statute, ____ employees have the right to be represented regarding all matters related to employment conditions and supervisory employer-employee relations. Other excluded employees have the right to be represented in their employment relations, including grievances, with the Department. The state employer and excluded employee organizations shall not interfere with, intimidate, restrain, coerce or discriminate against supervisory employees because of exercising their rights.
  29. Supervisory (2-2)
  30. 15. Representational Rights Under the Public Safety Officers’ Procedural Bill of Rights Act (POBR): ____ Code Section 3303(i) provides a statutory right to a representative of the officer's choice "upon the filing of a formal written statement of charges or whenever an interrogation focuses on matters which are likely to result in punitive action."
  31. Government (2-3)
  32. 16. By policy, the Department has extended the protection of POBR to all ____. Information regarding representational rights under POBR may also be found in HPM 10.2, Internal Investigations Manual, and/or the appropriate bargaining unit contract.
  33. Employees (2-3)
  34. 17. “Represented employee” means an employee who is / is not designated as supervisory, managerial, confidential or excluded under the Dills Act. Another name for represented employee is ____-and-____ employee.
  35. Is Not / Rank-and File (2-3)
  36. 18. Represented Employee Rights: Represented employees have certain rights as provided by the ____ Act and their contracts between the state and their exclusive representatives. If there is a conflict between departmental policy and the provisions of a negotiated contract, the ____ shall be controlling.
  37. Dills / Contract (2-3)
  38. 19. A ____ employee is defined in the Dills Act as any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department.
  39. Managerial (2-4)
  40. 20. “____ employee,” as defined by the Dills Act, means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management bargaining positions.
  41. A Confidential employee, under the Dills Act, is different than an employee who merely has access to confidential documents, such as personnel files. (2-4)
  42. 21. A ____ employee means any individual, regardless of the job description or title, having authority in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or adjust their grievances, or effectively recommend such action, if the exercise of this authority is not just routing or clerical, but requires the use of independent judgment.
  43. Supervisory (2-4)
  44. 22. Rights of Managerial, Confidential, and Other Nonsupervisory Excluded Employees: These employees do not have the right to file an unfair labor practice charge, nor are they entitled to bargaining units, exclusive representation or contracts. (T/F)
  45. True (2-4)
  46. 23. CHP Philosophy: It is the philosophy of the California Highway Patrol to cast aside these preconceived ideas and use the collective experience, ideas, and energy of its employees to make this Department the best it can be, no matter what the task. Collective bargaining is about people and not about particular contracts. Based upon these ideals, the ____ expects all involved in the process to keep in mind that success is not measured by winning or losing, but by giving it your ____ effort.
  47. Commissioner / Best (3-2)
  48. 24. The following are considered essential techniques for managers and supervisors to utilize:
  49. (1) Understand and exercise management’s rights for the efficiency and effectiveness of the Department
    • (2) Be familiar with the contracts covering their staff.
    • (3) Develop relationships with employee organization representatives. Treat them in a professional manner as equals when dealing with employee relations issues.
    • (4) Remain alert to problems which may be brewing. Attempt to resolve them before they become formal grievances or complaints.
    • (5) Keep OER informed of significant employee relations issues and problems with contract language. (T/F)
  50. True (3-2)
  51. 25. The ____ directs the work force toward accomplishing the Department’s goals and serves as management’s contact with departmental employees.
  52. Supervisor (3-4)
  53. 26. Authority of Supervisors: As the front line of management, a supervisor must know his/her authority to adjust ____, being a fact-finder and decision-maker, as well as an attentive listener. He/she must judge each case on its individual merits and be able to articulate a reason for the decision based upon a sound interpretation of the contract or policy.
  54. Grievances (3-5)
  55. 27. Unit _—Highway Patrol (California Association of Highway Patrolmen [CAHP]). Officer, CHP and ____, CHP.
  56. 5 / Cadet (4-1)
  57. 28. Unit __—Craft and Maintenance (International Union of Operating Engineers [IUOE]). Automotive Technician, Maintenance Worker, and Commercial Vehicle Inspection Specialist.
  58. 12 (4-2)
  59. 29. Unit __—Custodial and Services (Service Employees’ International Union [SEIU]). Food Services Technician, Custodian and Cook Specialist.
  60. 15 (4-2)
  61. 30. An employee who is acting as a representative on behalf of an exclusive representative is not working in his/her capacity as a state employee. He/she is on ____ ground with supervisors and managers.
  62. Equal (4-2)
  63. 31. ACCESS / Representational Purposes: Officials and designated representatives of recognized employee organizations, including supervisory organizations, shall / should be permitted reasonable access to work locations to meet with departmental employees on representational matters.
  64. Shall (5-1)
  65. 32. ACCESS / Representational Purposes: A representative desiring access to a work location must state the purpose and request approval from that location’s ____ or designee within a reasonable amount of time ____ to an intended visit.
  66. Commander / Prior (5-1)
  67. 33. ACCESS / Representational Purposes: A representative must also obtain permission from his/her immediate ____ to engage, during working hours, in business relating to representational matters. Permission to engage in such activity shall be granted promptly unless such absence would interfere with efficient operations. If permission is denied, an alternate time will be arranged.
  68. Supervisor (5-1)
  69. 34. ACCESS / Representational Purposes: Access to a work location ___ be denied or delayed for reasons including safety, security, work load requirements, or other legitimate circumstances.
  70. May (5-1)
  71. 35. ACCESS / Representational Purposes: Where access is denied, reasonable alternatives should be provided to allow representatives an opportunity to communicate with employees (e.g., establishing employee organization meeting rooms, providing space in a cafeteria or elsewhere in the facility). (T/F)
  72. True (5-1)
  73. 36. BULLETIN BOARDS: A recognized employee organization may / may not use existing employee organization bulletin boards to post information or materials concerning the following subjects:
  74. (1) Notices and results of any official organization committee or meeting.
    • (2) Notices of organization elections and their results.
    • (3) Notices of organization recreational and social events.
    • (4) Notices of other official organization business.
  75. May (5-2)
  76. 37. Any materials posted shall be dated and initialed by the organization representative, with a copy of all materials provided to the ____ or his/her designee at the time of posting.
  77. Commander (5-2)
  78. 38. Materials posted shall not be libelous, obscene, defamatory, or of a partisan political nature. (T/F)
  79. True (5-2)
  80. 39. If doubt exists as to the propriety of material posted, ___ should be consulted before removal.
  81. OER (5-2)
  82. 40. If management contemplates removing employee organization material from a bulletin board, it shall / should make a reasonable effort to contact the affected employee organization to explain the reason. If the organization representative refuses to withdraw the material posted, ____ retains final authority for removal.
  83. Should / Management (5-2)
  84. 41. Employees should not / shall not conduct or participate in employee organization business activities during assigned work hours. Employee organization business activities include those activities for which release time is not granted by the Dills Act, the contract or departmental policy. Some examples are organization meetings, dues collection, and membership campaigns.
  85. Shall Not (5-2)
  86. 42. Employees’ “own time” or “non-working hours” are considered to be ____ periods, ____ breaks, and time before and after work. Participation in employee organization business may, however, be restricted during rest breaks due to operational needs.
  87. Lunch / Rest (5-2)
  88. 43. DISTRIBUTION OF EMPLOYEE ORGANIZATION LITERATURE: An employee representative may / may not distribute organization literature before or after working hours or during meal and rest periods in non-working areas (e.g., cafeteria, break room).
  89. May (5-3)
  90. 44. DISTRIBUTION OF EMPLOYEE ORGANIZATION LITERATURE: Employee mailboxes can be utilized for the distribution of organization literature. (T/F)
  91. True (5-3)
  92. 45. USE OF STATE TELEPHONES: Upon request, an employee representative shall / should have access, without cost, to state telephones for conducting employee relations business provided the use does not result in toll charges or ____with the operation of the facility or office.
  93. Shall / Interfere (5-3)
  94. 46. USE OF STATE TELEPHONES: Calls utilizing cellular telephones are toll calls and result in additional charges to the state. State telephones may be utilized on previously approved release time or during the representative’s non-working hours. Time expended utilizing state telephones for representational purposes on release time shall be recorded on a CHP ___ (Representation Reporting)
  95. 610 (5-3)
  96. 47. USE OF STATE EQUIPMENT AND SUPPLIES / Vehicles: State vehicles shall / shall not be used for transportation by employees or employee organization representatives while participating in representational or employee organization business.
  97. Shall Not (5-3)
  98. 48. USE OF STATE EQUIPMENT AND SUPPLIES / Reproduction Equipment: Union stewards shall / shall not be permitted reasonable and occasional use of copiers for union representational purposes provided that such use does not result in additional costs to the state, nor interfere with state operations.
  99. Shall (5-3)
  100. 49. USE OF STATE EQUIPMENT AND SUPPLIES / Audio-Visual Equipment: Use of departmental audio-visual equipment by employee organization representatives may be permitted. A request to use the equipment must be made in advance and is subject to the consent of the appropriate ____ or his/her designee.
  101. Commander (5-3)
  102. 50. USE OF STATE EQUIPMENT AND SUPPLIES / FAX Machines: Union stewards shall not / shall be permitted reasonable and occasional use of FAX machines for union representational purposes provided that such use does not result in additional cost to the state, nor interfere with state operations.
  103. Shall (5-4)
  104. 51. USE OF STATE EQUIPMENT AND SUPPLIES / Electronic Communications Systems: The union shall be permitted incidental and minimal use of state electronic communications systems for communication of union activities as the Department permits for other non-business purposes. Use of these devices is not considered private or secure information and are subject to being monitored by the Department. (T/F)
  105. True (5-4)
  106. 52. USE OF STATE EQUIPMENT AND SUPPLIES: Use of state equipment or the time used for activities permitted in this section shall be subject to prior notification and approval by the employee’s ____ ____.
  107. Immediate Supervisor (5-4)
  108. 53. MAIL SYSTEMS: Use of the state’s and Department’s internal mail systems for distribution of employee organization business is / is not permitted. Mail addressed to a particular individual at a specific work location will be opened and delivered to the employee unless marked “____ and Confidential.”
  109. Is Not / Personal (5-4)
  110. 54. USE OF STATE FACILITIES / Use Subject to Operational Needs: Employee organizations and/or associations-exclusive representatives, supervisory and excluded employee organizations, and bona fide associations-are permitted / are not permitted the use of state facilities for organization meetings, subject to certain requirements. Approval is subject to the operational needs of the Department.
  111. Are Permitted (5-4)
  112. 55. USE OF STATE FACILITIES / Requests: When an employee organization requests to use a state facility:
  113. (1) The request must be made by an authorized representative of the organization to the ____ or designee.
    • (2) The employee organization must provide reasonable ____ notice prior to the date the facility is to be used.
    • (3) An employee organization may / may not schedule the use of the facility prior to the start, or at the conclusion of Division/Area/section/unit meetings, training days, etc.
    • (4) Employees attending these meetings shall do so voluntarily and shall attend on their own time.
  114. Commander / Advance / May (5-4)
  115. 56. The needs of the command shall be the primary consideration when approving requests for the use of release time (i.e., workload, ability of other employees to perform work). The use of release time for employee representational matters may only be granted during an employee’s ____ hours.
  116. Working (6-1)
  117. 57. Shift changes or schedule changes are / are not to be made to provide for release time. In addition to state release time, there are several other alternatives available which may be utilized by employee organization representatives. These alternatives include release time banks, contributory time banks, dock time, and reimbursable paid leave of absence.
  118. Are Not (6-1)
  119. 58. State Release Time: State time which shall only be utilized for ____ purposes as permitted by the contract and/or departmental policy. The use of state release time is subject to the operational ability of the Department to release the employee.
  120. Representational (6-1)
  121. 59. Contributory Time Bank: Some contracts include a provision which allows employees to contribute leave credits into a contributory time bank. Time from this bank may be used by employee organization ____ for conducting ____ business when authorized by the appropriate employee organization.
  122. Representatives / Union (6-1)
  123. 60. Reimbursable Paid Leave of Absence (Union Leave): Another provision found in some contracts permits representatives to utilize a reimbursable paid leave of absence for employee organization business which does not qualify as state release time. The exclusive representative reimburses the Department for the employee’s salary and ____ for all the time the employee is off on the leave.
  124. Benefits (6-1)
  125. 61. STATE RELEASE TIME-MEET-AND-CONFER / Represented Employee Organizations: Subject to ____ approval, a reasonable number of representatives, who are employees of the state, will be allowed a reasonable amount of state release time to attend, but not to ____ for, meet-and-confer sessions with management. Travel time may be included provided it can be accomplished within the authorized amount of state release time.
  126. Management’s / Prepare (6-1)
  127. 62. STATE RELEASE TIME-MEET-AND-CONFER / Supervisory Organizations: The state employer shall / should allow a reasonable number of supervisory employee representatives of recognized employee organizations reasonable time off without loss of compensation or other benefits when meeting and ____ with representatives of the state employer on employee relations matters. Additionally, a supervisory representative is entitled to reasonable release time to participate in meetings of management committees.
  128. Shall / Conferring (6-2)
  129. 63. Area of Primary Responsibility: State release time for representational purposes is limited to those instances when representing an employee from the representative’s area of ____ responsibility. This is defined as headquarters’ facilities or the Area or Division office which is the representative’s ____ work location. Time must be utilized from another source (release time bank, reimbursable paid leave of absence, dock time, vacation credits, etc.) when a representative represents an employee who is assigned ____ that representative’s area of primary responsibility.
  130. Primary / Permanent / Outside (6-2)
  131. 64. Resident posts are / are not considered areas of primary responsibility. Employees in resident posts are to be represented by the ____ representative.
  132. Are Not / Area’s (6-2)
  133. 65. Authority to Grant State Release Time: An employee’s ____ has the authority to deny a request for state release time. Permitting or denying state release time shall be consistent with the contract and departmental policy.
  134. Supervisor (6-2)
  135. 66. Employee Organization Activities: No employee shall / should conduct or participate in the internal business affairs of an employee organization during ____ working hours. These activities include circulation of organizational material; solicitations for membership; campaigning in unit elections; solicitation of organizational health, welfare and insurance plans; or organizational demonstrations, social, political, or recreational events.
  136. Shall / Assigned (6-2)
  137. 67. Organization Meetings: Employees attending employee organization meetings shall do so ____ and shall attend on their own time unless their absence is being underwritten by a negotiated release time bank, Contributory Time Bank (CTB), or union paid leave.
  138. Voluntarily (6-3)
  139. 68. Off-Site Meetings: 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. If the employee requests to meet with the representative off-site, state release time is / is not to be granted. If departmental operations will permit, such a meeting may be conducted on the employee’s own time (i.e., vacation, Compensatory Time Off [CTO]).
  140. Shall Not / Is Not (6-3)
  141. 69. Transportation Expenses: Transportation expenses are neither authorized for representation activities nor employee organization business. (T/F)
    True (6-3)
  142. 70. Overtime: Time spent by employee representatives on representational activities will not qualify for, or result in, overtime compensation. (T/F)
  143. True (6-3)
  144. 71. Extensions: Unless otherwise specified, the limits on use of state release time by employees and employee representatives may only be extended with management's approval.
    True (6-3)
  145. 72. STATE RELEASE TIME - GRIEVANCES/COMPLAINTS / Reasonable Release Time: Employees may, during assigned working hours, use a reasonable amount of state release time to confer with a designated employee organization representative on a grievance/complaint or representational matter at the work site, subject to approval of the employee's ____. The intent of this policy is to provide state release time for only ___ representative at a time per issue.
  146. Supervisor / One (6-3)
  147. 73. STATE RELEASE TIME - GRIEVANCES/COMPLAINTS / Represented Employees: Managers and supervisors should always refer to the employee's ____ for rules governing representation and state release time in the grievance process.
  148. Contract (6-4)
  149. 74. STATE RELEASE TIME - GRIEVANCES/COMPLAINTS / Right to Representation: An employee has the right to secure the assistance of a representative of his/her own choosing in preparing and presenting a grievance or complaint. Assistance by the employee's representative may be provided at the informal stage and ___ levels of appeal of the grievance or complaint procedure.
  150. All (6-4)
  151. 75. STATE RELEASE TIME - GRIEVANCES/COMPLAINTS / Organization Representatives: An employee, and his/her organization representative, if a member of this Department, may be granted a reasonable amount of state release time in preparing and presenting a grievance/complaint, subject to prior notification and approval by their immediate ____. Normally, up to a maximum ____ 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. This time may be limited or extended only with management's approval dependent upon the complexity of the issue.
  152. Supervisors / Four (6-4)
  153. 76. STATE RELEASE TIME - GRIEVANCES/COMPLAINTS / Representatives not designated by an Employee Organization: When the representative has not been designated by an employee organization, neither the employee nor the representative receives state release time for ____.
  154. Preparation (6-4)
  155. 77. STATE RELEASE TIME - GRIEVANCES/COMPLAINTS / Representatives not designated by an Employee Organization: If management elects to call a meeting to discuss the grievance or complaint, both departmental employees receive state release time to meet with management. (T/F)
  156. True (6-4)
  157. 78. STATE RELEASE TIME - GRIEVANCES/COMPLAINTS / Excluded Employees: An excluded employee may represent another departmental excluded employee on state release time provided the time occurs within the excluded employee's ____ work shift. Generally, up to
    a maximum of ____ may be authorized to prepare and present a grievance at each level of appeal. This time may be limited or extended only with management's approval dependent upon the complexity of the issue.
  158. Normal / Four (6-4)
  159. 79. STATE RELEASE TIME - GRIEVANCES/COMPLAINTS / Excluded Employees: Upon the request of a supervisory employee, up to four (4) hours of state release time to assist the employee on an excluded employee grievance at each level of the appeal procedure. Use of state release time by employee representatives for ____ purposes is / is not permitted except as it may occur within the four (4) hours maximum state release time.
  160. Travel / Not (6-5)
  161. 80. STATE RELEASE TIME - GRIEVANCES/COMPLAINTS / Self-Representation: An employee who is representing him/herself in a grievance or complaint does / does not have the right to state release time for preparation.
  162. Does Not (6-5)
  163. 81. CONTRIBUTORY TIME BANKS / Time Increments: Contributions must be in ___ hour increments, except for holiday credits which must be in ____ hour increments. Sick leave credits may not be donated. Once a donation is made, it is irrevocable.
  164. One / Eight (6-5)
  165. 82. CONTRIBUTORY TIME BANKS: ___ monitors donations and withdrawals from the Contributory Time Bank. Donations may be made by utilizing the daily CHP ___.
  166. OER / CHP 415 (6-5)
  167. 83. Withdrawals: To utilize time from the contributory bank, an authorized employee must provide reasonable advance notice of his/her request to the ____. If approved, the employee shall complete a CHP ___ (Representation Reporting). The time expended should also be recorded on the CHP 415 (Daily Field Record) utilizing Beat Code 833.
  168. Supervisor / CHP 610 (6-6)
  169. 84. The CHP ___ (Nonautomated Personnel Contributory Time Bank) is used to donate and withdraw time for nonautomated employees. Some operations may require employees to complete a CHP 415 for ____ purposes.
  170. CHP 212 / timekeeping (6-6)
  171. 85. Donations: An employee may donate to a Contributory Time Bank (CTB) by submitting a completed CHP 212 to his/her supervisor which shall be forwarded through the chain of command for review. The supervisor is responsible for forwarding a copy to ___. The employee is responsible for forwarding a copy of the form to the appropriate ____ organization.
  172. OER / Employee (6-6)
  173. 86. A copy of the CHP 212 shall be attached to the employee's CHP __ (Attendance Report), with the number of hours to be deducted from the appropriate "Less Used" box. Enter the Code "ATB" (Affiliate Time Bank) next to the deduction.
  174. CHP 71 (6-6)
  175. 87. The CHP 71 and 212 shall be forwarded to ____. PSS will deduct the amount donated from the employee's leave record card and forward the CHP 212 to ___ monthly / Quarterly.
  176. Personnel Services Section (PSS) / OER / Monthly (6-6)
  177. 88. REIMBURSABLE PAID LEAVE OF ABSENCE (UNION LEAVE) / Retention: Request for union leave shall be retained at the command level for __ months from the date of the request and in the OER for ____ years.
  178. 12 / Three (6-8)
  179. 89. TIME OFF FOR EMPLOYEE ORGANIZATION BUSINESS: Designated employee organization representatives are occasionally involved in other activities on behalf of their membership that require the use of time. These activities include such matters as legislative representation and organization meetings. Informal leave (dock time), bank time or a reimbursable paid leave of absence for participation in such activities is / is not permitted, consistent with the needs of the command. These activities will not be conducted on state release time.
  180. Is (6-8)
  182. Representational Purposes: When a representative requests state release time, the representative shall inform his/her ____ reason (i.e., grievance, adverse action) and the amount of time needed based upon the general purpose for the state release time.
  183. Meet-and-Confer: Requests for the use of state release time for meet- and-confer purposes shall be submitted to the appropriate ____. Such requests should be in writing and should include the subjects to be discussed.
  184. Supervisor / Commander (6-8)
  186. Bank Time: Request for time off which will be charged to an employee organization bank shall be made to the representative's ____.
  187. Reimbursable Paid Leave of Absence: An eligible employee may request a reimbursable paid leave of absence by submitting a completed CHP 614 (Reimbursable Paid Leave of Absence Request) to his/her ____.
  188. Supervisor / Supervisor (6-9)
  190. Dock Time or Leave of Absence: An employee organization representative anticipating the use of informal leave time shall reach firm agreement, in advance, with his/her ____ as to scheduling priorities. The specific procedures for use of informal leave (dock time) are contained in HPM 10.3.
  191. Requests for Other Activities: Requests to use state release time for other specified activities shall be submitted to the employee representative's ____, and permission obtained, in advance, before leaving work or the work location.
  192. Commander / Commander (6-9)
  193. 93. DOCUMENTING THE USE OF STATE RELEASE TIME / Representation Reporting: A CHP ___ (Representation Reporting) is to be completed by all departmental employees who provide representation for employees or on behalf of a recognized employee organization. State release
    time, dock time or time from a release time bank utilized for these purposes is to be entered to the nearest half-hour. Completed forms are to be submitted to the supervisor within ___ ____ days following the date of representation.
  194. 610 / Two Working (6-9)
  195. 94. DOCUMENTING THE USE OF STATE RELEASE TIME / Representation Reporting: The ____ is responsible for ensuring a CHP 610 (Representation Reporting) is completed for each representational activity, in addition to verifying the information on the form is complete and accurate. After approval, the CHP 610 will be routed through the chain of command, and a copy sent to ___.
  196. Supervisor / OER (6-10)
  197. 95. Beat Codes for Representational Activities by Unit 5 Representatives: The 800
    Series Beat Codes have been prescribed for specific representational activities. ____ approval is required prior to utilizing time from the 800 Series Beat Codes. All release time shall be documented on the CHP ___.
  198. Supervisory / 610 (6-10)
  199. 96. Beat 833 - CAHP Release Time Bank: An officer's or sergeant's time used that is charged to the CAHP Release Time Bank. Time is to be taken in ___ hour increments initially, and in ___ hour increments thereafter.
  200. Two / One (6-10)
  201. 97. Release time (Beat 834) shall be allowed for up to ____ hours per incident, for one CAHP district director or defense representative to assist an employee at an officer involved shooting incident.
  202. Eight (6-10)
  203. 98. Beat ___ - Skelly Responses: An officer's or sergeant's time used as a designated representative with regard to preparing and presenting Skelly responses.
  204. 835 (6-11)
  205. 99. Grievance Procedure - Represented Employees: A represented employee grievance alleges a violation of the ____.
  206. Contract (7-1)
  207. 100. Examples of represented employee grievances are
  208. (1) Denial of representation during the grievance procedure.
    • (2) Denial of overtime compensation provided by the contract.
    • (3) Annual Performance Evaluations. (7-1)
  209. 1. Complaint Procedure - Represented Employees: The complaint procedure for represented employees settles disputes over ____ or ____.
  210. Policy / Procedures (7-1)
  211. 2. Examples of represented employee complaints are:
  212. (1) Allegation that an officer must work a graveyard shift alone.
    (2) Denial of hardship transfer. (7-1)
  213. 3. Grievance Procedure - Excluded Employees: The grievance procedure for excluded employees involves disputes over ____, regulations, policies or practices.
  214. Statutes (7-1)
  215. 4. Examples of excluded employee grievances are:
  216. (1) Denial of overtime.
    • (2) Denial of transfer.
    • (3) Request to remove censurable Incident Report. (7-1)
  217. 5. GRIEVANCE/COMPLAINT PROCESS / ____ Level: This level requires an informal discussion between the immediate ____ and grievant/complainant and/or his/her representative.
  218. Informal / Supervisor (7-2)
  219. 6. GRIEVANCE/COMPLAINT PROCESS / Level _: ____/Section/Bureau Commander. In those cases where the employee’s immediate supervisor is also the Area, section or bureau commander, the formal grievance/complaint shall initially be filed at Level 2.
  220. One (1) / Area (7-2)
  221. 7. GRIEVANCE/COMPLAINT PROCESS / Level _: ____ Commander. In those cases where the employee’s immediate supervisor is also the Division commander, the formal grievance/complaint shall initially be filed at Level 3.
  222. Two (2) / Division (7-2)
  223. 8. GRIEVANCE/COMPLAINT PROCESS / Level _: Office of the ____. This is the last level of appeal for represented employee complaints.
  224. Three (3) / Commissioner (7-2)
  225. 9. GRIEVANCE/COMPLAINT PROCESS / Level _: Director of the Department of ____ ____. This is the last level of appeal for excluded employee grievances.
  226. Four (4) / Department of Personnel Administration - DPA (7-2)
  227. 10. All employees have the right to ____ during the grievance/complaint process. Managers and supervisors should remember this when investigating and processing grievances/complaints.
  228. Confidentiality (7-3)
  229. 11. If the first four levels’ responses are unsatisfactory to the grievant and/or his/her exclusive representative, most grievances for represented employees may be elevated to ____.
  230. Arbitration (7-3)
  231. 12. The first step to initiate the grievance/complaint procedure is an ____ discussion between the employee and his/her ____ ____. The purpose of this discussion is for the employee to explain the problem to his/her supervisor.
  232. Informal / Immediate Supervisor (7-3)
  233. 13. If a formal written grievance/complaint is submitted when an informal discussion has not occurred, the commander should return the grievance/complaint to the employee or the representative who has filed it prior to conducting an investigation or issuing a response. (T/F)
  234. True (7-5)
  235. 14. A grievance or complaint must be filed on a CHP __, Employee Grievance/Complaint.
  236. CHP 94 (7-8)
  237. 15. Employee Responsibility for Moving Grievance/Complaint: The grievant, complainant, or recognized employee organization is responsible for formulating and moving an appeal through the designated appeal levels. ____ are cautioned not to advise, counsel or advance an issue to the next level of appeal on behalf of the individual.
  238. Commanders (7-8)
  239. 16. The original grievance/complaint response should be returned to the grievant/complainant if it was filed/appealed by the employee. To ensure an employee’s right to confidentiality, the original response to a grievance/complaint shall be placed in an envelope addressed with the name, I.D. number, and command, and labeled “____ and ____.” The response shall only be opened by the addressee.
  240. Personal / Confidential (7-8)
  241. 17. Step 1: A copy of the formal grievance/complaint, the first level response and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the respective Division and OER within ____ ____ days after issuance of the response.
  242. Five (5) Working (7-8)
  243. 18. Step 2: A copy of the grievance/complaint, the second level response and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the affected command and OER within ____ ____ days after issuance of the response.
  244. Five (5) Working (7-8)
  245. 19. Step 3: Upon appeal to the third level, OER will forward a copy of the third level appeal to the affected commands within ____ ____days after receipt. A copy of the departmental response will be forwarded to the affected commands within ____ ____ days after issuance.
  246. Three (3) Working / Three (3) Working (7-8)
  247. 20. Step 4: DPA sends the Department a copy of the response to a Level 4 appeal. OER, in turn, will provide copies of the Level 4 response to the affected commands within ____ ____ days after receipt.
  248. Three (3) Working (7-8)
  249. 21. EXTENSIONS: As provided for in the grievance/complaint and appeal procedures for excluded and represented employees, time limitations may be extended to a specific date by mutual agreement of ____ parties. Once granted, extensions shall be reaffirmed in ____ and attached to the grievance/complaint, with a copy to all affected parties.
  250. Both / Writing (7-8)
  251. 22. Rehearing: Within __ days after service of a copy of the decision, any party may file a written petition for rehearing with the Director. The Director shall serve a copy of the petition upon the other parties to the proceeding. Within __ days after service of the petition for rehearing, the Director shall either grant or deny the petition in whole or in part. Failure to act upon a petition for rehearing within the __-day period is a denial of the petition. If a rehearing is granted, the Director may rehear the case him/herself on all the pertinent parts of the record of the prior hearing and such additional evidence and argument as may be permitted.
  252. 30 / 60 / 90 (7-9)
  253. 23. Final Decision: Unless a proper application for rehearing is made, every decision shall become final __ days after service by DPA of a copy of such decision upon the parties to the proceeding in which the decision is rendered.
  254. 30 (7-10)
  255. 24. Filing Grievances/Complaints: Grievance/complaint records are to be physically located apart from ____ folders and field subject folders. Grievance/complaint files shall be placed in a separate confidential classification entitled “Grievances” or “Complaints,” labeled “____” or “____.”
  256. Field / Active / Inactive (7-10)
  257. 25. Under no circumstances is an ____ grievance/complaint to be sent to an uninvolved command.
  258. Inactive (7-10)
  259. 26. ____ grievances/complaints are those files still pending a response in the grievance/arbitration process. ____ grievance/complaint files are those that require no further response. When a grievance/complaint is terminated (withdrawn or not appealed within the specified time limits), regardless of appeal level, the file shall be transferred to the “Inactive” grievance/complaint file.
  260. Active / Inactive (7-10)
  261. 27. Retention:
  262. Complaint records shall be retained in the affected command levels for a period of _ year following the date of the final action. Headquarters Central Files shall retain complaint records for a period of _ years following the date of the final action.
  263. One (1) / Three (3) (7-11)
  264. 28. Retention:
  265. Grievance records shall be retained at the affected command levels for a period of _ years following the date of the final action. Headquarters Central Files shall retain grievance records for a period of _ years following the date of the final action.
  266. Three (3) / Five (5) (7-11)
  267. 29. Employee Transfer During Grievance/Complaint Process:
  268. (1) There are occasions when an employee transfers or promotes to another command and has an active grievance/complaint in process. In such circumstances, ____ of the grievance/complaint documents shall be sent to the new command, apart from the field folders, and shall be handled according to the procedures set forth herein.
  269. (2) Inactive grievance/complaint records shall / shall not be forwarded to the new command.
  270. Copies / Shall Not (7-11)
  271. 30. Grievance: An ____ 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 DPA.
  272. Excluded (8-1)
  273. 31. Informal Discussion: The employee or the employee’s representative shall discuss the grievance with his/her immediate supervisor. This discussion must occur within __ ____ days of the event(s) or circumstance(s) occasioning the grievance. Within _ ____days, the immediate supervisor shall render his/her decision either verbally or in writing. This must be accomplished before a formal grievance can be filed.
  274. Ten (10) Work / Five (5) Work (8-2)
  275. 32. Formal Grievance - Level 1:
  276. (1) If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be filed no later than:
    • (a) __ ____days after the event or circumstances occasioning the grievance, or
    • (b) Within ____ ____days of the decision rendered in the informal grievance procedure, whichever is later.
    • (2) Within __ ____ 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.
  277. Ten (10) Work / Five (5) Work / Ten (10) Work (8-2)
  278. 33. Formal Grievance - Level 2:
  279. (1) If the grievant is not satisfied with the decision rendered at Level 1, the grievant may appeal the decision within __ ____days after receipt of the response to the person designated by the Department head as the second level of appeal. If the appointing authority or designee is the first level of appeal, the grievant may bypass Level 2.
  280. (2) Within __ ____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 grievance.
  281. Ten (10) Work / Fifteen (15) Work (8-3)
  282. 34. Formal Grievance - Level 3:
  283. (1) If the grievant is not satisfied with the decision rendered at Level 2, the grievant may appeal the decision within __ ____days to the Department head or designee. If the appointing authority or designee is the second level of appeal, the grievant may bypass Level 3.
  284. (2) Within __ ____days after receipt of the appealed grievance, the person designated by the Department head as the third level of appeal shall respond in writing to the grievance.
  285. Ten (10) Work / Fifteen (15) Work (8-3)
  286. 35. Formal Grievance - Level 4:
  287. (1) If the grievant is not satisfied with the decision rendered at Level 3, the grievant may appeal the decision within __ ____days to the Director of DPA or his/her designee. This is the final step of the excluded employee appeal procedure.
  288. (2) Within __ ____days, the Director of DPA or his/her designee shall respond in writing to the grievance.
  289. Ten (10) Work / Twenty (20) Work (8-3)
  290. 36. ____ is an extension of collective bargaining as practiced in the United States. The purpose of collective bargaining, in part, is the resolution of differences between employers and employees over the terms and conditions of employment.
  291. Arbitration (9-1)
  292. 37. Arbitration is a third-party settlement of disputes between groups or individuals outside a court of law. There are two types of arbitration: _____ Arbitration and ____/____ Arbitration.
  293. Interest / Rights / Grievance (9-1)
  294. 38. This type of arbitration occurs when negotiations have come to an impasse. An arbitrator is called in to resolve the issue. The Dills Act does not mandate interest arbitration in California.
  295. Interest Arbitration (9-1)
  296. 39. Arbitration is used most commonly to settle disputes between parties of a contract as to its application or interpretation. Since such arbitration consists of determining the rights of a party to a contract, it is referred to as “rights” or more often, as “grievance” arbitration. The right to arbitration as the final step in the grievance procedure is subject to negotiations. All bargaining unit contracts administered by the Department contain a grievance arbitration provision.
  297. Rights/Grievance Arbitration (9-1)
  298. 40. Almost all arbitration is ____. This means that the parties voluntarily accept it, either as a final means of settling all disputes under a contract or as a means of settling a particular dispute.
  299. Voluntary (9-1)
  300. 41. Periodically, a ____ cannot be resolved in the appeal process and will be appealed to arbitration. An employee may / may not appeal an issue to arbitration on his/her own behalf.
  301. Grievance / May Not Rather, this decision can only be made by the employee’s exclusive representative. At that point, DPA and departmental management must decide whether to settle the grievance or proceed with arbitration. (9-1)
  302. 42. OER Notifies Affected Command: Upon receiving this notification, OER will advise the affected commands of the intent to arbitrate within _ ____days.
  303. Three (3) Working (9-3)
  304. 43. THE ARBITATION HEARING / Departmental Representation: What two departments within the CHP will handle the arbitration hearings?
  305. OER / DPA (9-4)
  306. 44. Restrictions on Negotiations: Actual negotiations on these proposals may not take place for _ days after their disclosure. Subsequent new proposals on “any substantive subject” which have not been presented at a “sunshine meeting” must be placed in the public record within __ hours after they are presented during negotiations.
  307. Seven (7) / 48 Hours (10-2)
  308. 45. The Management Proposal form (CHP ___), available on FormFlow, was developed for managers and supervisors to submit recommendations for changes/additions/deletions to the ____. This form should also be used throughout the term of the contracts when a particular problem surfaces which could be alleviated by a change in the contract. The completed forms may be submitted to the commander who is responsible for forwarding them to ___.
  309. CHP 605 / Contracts / OER (10-2)
  310. 46. REPRESENTED EMPLOYEES / The Dills Act: Management’s actions toward employee organizations stem from the Ralph C. Dills Act which governs state employer-employee labor relations. Under the 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 wages, ____, and other conditions of employment.
  311. Hours (11-1)
  312. 47. Notice to Employee Organizations - Non-Emergency: Except in cases of emergencies, the Department shall give reasonable ____ notice to each recognized employee organization affected by any law, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted.
  313. Written (11-1)
  314. 48. Unlike Bargaining Unit 5 employees, a local job steward for the non-uniformed bargaining units are not always located at each command and do not routinely have the authority to meet-and-confer on behalf of their union. A meet-and-confer for the nonuniformed bargaining units is conducted between the union business representative and either the Area commander or ___. With the ____ approval, the local job steward may be invited to attend a meet-and-confer at the union’s request.
  315. OER / Commander’s (11-2)
  316. 49. With the ____ approval, the local job steward may be invited to attend a meet-and-confer at the union’s request.
  317. OER / Commander’s (11-2)
  318. 50. Bargaining Unit 5 Employees: a ____ 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 100 forms, Memorandums of Direction, Correction or Findings, Censurable Incident Report), IF REQUESTED. This provision has been memorialized as the Informal Dispute Resolution (IDR) process. Annual evaluations (CHP 118s) are included / excluded from this process. The purpose of such meeting is to resolve disputes through an informal process at the lowest possible level.
  319. Commander / Excluded (11-2) This type of “meet and confer” involves a CAHP representative and the Area/section/Division commander only. The officer involved may or may not participate at the commander’s discretion.
  320. 51. COMMANDER’S RESPONSIBILITY: Prior to the effective date of the change, except in emergency situations, a ____ identifying the proposed change, affected employees and planned implementation date shall be given to the designated employee representative, or his/her alternate, for the work site of the affected employees.
  321. Memorandum (11-2)
  322. 52. If there is no employee representative for that work site, the commander shall forward a memorandum to ___ who will be responsible for notification of the affected employee organization(s).
  323. OER (11-2)
  324. 53. Copies of the proposed change and notice shall be forwarded to OER, through the appropriate channels. Commanders shall retain comments, suggestions, etc., received from the employee representative and the affected employees, for a period of ___ months from the effective date of the proposed change.
  325. Six (11-3)
  326. 54. Prior to the effective date of the change, except in emergency situations, a memorandum, e-mail, or ____ notification identifying the proposed change, affected supervisory employees and planned implementation date shall be given to the designated supervisory representative, or supervisory organization. A copy of the notice or a follow up e-mail shall also be provided to ___.
  327. Telephone / OER (11-5)
  328. 55. MANAGEMENT RELATIONS PROGRAM: The State’s Management Relations Program encompasses three separate groups of employees; ____, supervisors, and ____ employees, who comprise the Department’s management team.
  329. Mangers / Confidential (13-1)
  330. 56. Of the ____ groups, designated managers “have significant responsibilities for formulating policy or administering programs,” and, therefore, have no representational rights under the Dills Act. Management has a significant impact upon the success of the collective bargaining process. OER works closely with DPA to ensure that the Department’s managers are appropriately compensated for their efforts.
  331. Three (13-2)
  332. 57. Specialty pay is defined as a premium pay which is paid on a ____, rather than a daily basis. How many specialty pay positions does the department have and what are they?
  333. Monthly / 4 / Motorcycle assignments / Pilot or flight officer positions / Bilingual positions / Investigator positions (14-2)
  334. 58. Prior to removing an employee for cause from any specialty pay position, approval must be obtained from the appropriate ____ ____ through channels.
  335. Assistant Commissioner (14-2)
  336. 59. If the removal from a specialty pay position is not a result of an adverse action, the ____ shall provide ____ to the employee advising him/her of the specific reason(s) for the removal and the effective date of the action.
  337. Commander / Documentation (14-2)
  338. 60. When removing an employee from a specialty pay position as part of an ____ action, prior approval of the appropriate ____ ____ is also required. The request for removal should be incorporated into the adverse action package as a part of the penalty.
  339. Adverse / Assistant Commissioner (14-2)
  340. 61. Notification: Once the removal is approved and specialty pay terminated, Personnel Services Section shall be notified either by ____-___ message or through receipt of the copy of the Final Notice of Removal to the employee.
  341. Comm-Net (14-3)
  342. 62. As indicated in the White decision, an employee removed from a specialty pay position is entitled to an ____ hearing if he/she desires.
  343. Administrative (14-3)
  344. 63. After the verbal request for removal has been approved, the ____ is to prepare a Preliminary Memorandum of Removal. The memorandum (CHP __) shall be directed to the employee.
  345. Commander / CHP 51 (14-3)
  346. 64. DISTRIBUTION OF THE INVESTIGATIVE FILE: The ____ file, with index tabs, shall be forwarded through channels to the appropriate Assistant Commissioner. One copy shall be retained by the initiating command and another provided to the affected employee after final approval. Upon the employee’s ____, his/her copy should include a copy of any tape recordings and/or transcripts made of the employee’s interrogation/interview.
  347. Original / Request (14-5)
  349. Represented Employees: Represented employees removed for cause from a specialty pay position without an adverse action may file an appeal utilizing the ____ procedure contained in the appropriate contract.
  350. Grievance (14-5)
  352. Excluded Employees: Excluded employees removed for cause without an adverse action may file an appeal utilizing the grievance and ____ procedure for excluded employees set forth in this manual.
  353. Appeal (14-5)
  355. Adverse Action: Employees who have been removed for cause and served with an adverse action may file a ____ appeal to the State Personnel Board.
  356. Written (14-5)
  358. Removal Due to Operational Necessity: Removal as a result of an operational necessity, such as a reduction or elimination of motorcycles or aircraft, is not ____.
  359. Appealable (14-5)
Card Set
HPM 9.1 Flashcards.txt
Employee Relations Manual