9.1 Employee Relations Manual

Question 1

The development of open lines of communication is the key to increased employee:

Answer 1

job satisfaction, motivation, efficiency and morale

Question 2

_________ ___ __________ are responsible for seeing that the employee relations policies of the California Highway Patrol (CHP) are properly administered.

Answer 2

Managers and supervisors

Question 3

T/F

Administering the contracts is not a matter of determining what is right/wrong or fair/unfair. It involves strict adherence to the provisions which have been negotiated between the exclusive representatives and the State

Answer 3

True

Question 4

It established the right of a bargaining unit employee to be assisted by a union representative at an investigatory interview to which the employee has been summoned by management, when the employee:

from the interview.

Answer 4

reasonably believes disciplinary action may result

Question 5

Represented employee” means an employee who is not designated as (4):

under the Dills Act.

Answer 5

supervisory, managerial, confidential, or excluded

Question 6

It is the philosophy of the California Highway Patrol to cast aside these _____________ ideas and use the collective __________, _____ and ______ of its employees to make this Department the best it can be, no matter what the task

Answer 6

preconceived

experience, ideas, and energy

Question 7

T/F

Managerial and supervisory employees are responsible for developing sound, positive employee relations practices in their work units and ensuring that departmental policies, procedures, and the terms of the negotiated contracts are administered

Answer 7

True

Question 8

Positive relationships among managers, supervisors, employees, and employee organizations ____________ ____________ to the effectiveness of the Department and its employee relations program.

Answer 8

contribute significantly

Question 9

T/F

Employee organization representatives should be treated by supervisors in a professional manner as equals when dealing with employee relations issues.

Answer 9

True

Question 10

T/F

Supervisors should remain alert to problems which may be brewing, but should not Attempt to intervene before they become formal grievances or complaints.

Answer 10

False, Remain alert to problems which may be brewing. Attempt to resolve them before they become formal grievances or complaints.

Question 11

T/F

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 equal ground with management.

Answer 11

True

Question 12

If contacts between management and representatives are professional, cordial and respectful, then:

Answer 12

petty complaints will be minimized.

Question 13

T/F

Whenever possible, meet and discuss scheduled changes with the representative.

Answer 13

True,

Soliciting input from the representative can provide valuable feedback on how the change will be viewed by the employees and ways to alleviate any problems with acceptance.

Question 14

T/F

Another general rule is that permission must be obtained before entering or leaving a work site, as well as before using state time to communicate with employees on other than work-related matters.

Answer 14

True

Question 15

T/F

Employees do not necessarily identify the attitude and actions of the supervisor with that of management.

Answer 15

False, Employees identify the attitude and actions of the supervisor with that of management and react accordingly.

Question 16

Because management’s interpretations of the contracts are often tested through the __________ ___________, it is important that the supervisor thoroughly understand the rights of ______________ and also those imparted to the __________ and/or the exclusive representative

Answer 16

grievance procedure

management

employee

Question 17

As the front line of management, a supervisor must know their authority to adjust grievances, be a ____-______ and _________-________, as well as an __________ ________. They must judge each case on its ___________ ________ and be able to articulate a reason for the decision based upon a _______ ______________ of the contract or policy.

Answer 17

fact-finder

decision-maker

attentive listener

individual merits

sound interpretation

Question 18

They should endeavor to advise employees and/or representatives of decisions which affect them and the:

Answer 18

reasons behind them.

Question 19

T/F

Once an employee organization is certified as an exclusive representative of an appropriate bargaining unit, only that employee organization and its designated representatives are authorized to represent constituent departmental employees with regard to wages, hours, and other terms and conditions of employment.

Answer 19

True

Question 20

The Department employs represented employees in (#) of the (#) State bargaining units

Answer 20

12 of 21

Question 21

T/F

Cadets are not considered represented employees under BU5.

Answer 21

False, are BU5

Question 22

T/F

The exclusive representative may designate representatives, consistent with the provisions of the contracts. The designated representatives act as agents of the exclusive representative on representational matters.

Answer 22

True

Question 23

T/F

An employee who is acting as a representative on behalf of an exclusive representative is not working in their capacity as a state employee. They are on equal ground with supervisors and managers.

Answer 23

True

Question 24

T/F

In the event a recognized excluded employee organization fails to appoint representatives from within the Department, paid staff of that organization may not provide representation to an excluded employee.

Answer 24

False, paid staff MAY

Question 25

T/F A bona fide association registered with CalHR shall be accorded fair and equitable treatment by the state employer. Reasonable access to work locations shall be provided to bona fide associations. An association representative shall not enter a work location without the consent of the commander.

Answer 25

True

Question 26

In instances when the contract does not contain a provision, the limitations contained in chapter (#) of hpm (#) shall be followed.

Answer 26

Chapter 5 of 9.1

Question 27

A representative must also obtain permission from _____ __________ ___________ to engage, during working hours, in business relating to representational matters. Permission to engage in such activity (shall/should) be granted promptly unless such absence would interfere with ________ __________. If permission is denied:

Answer 27

their immediate supervisor Shall efficient operations an alternate time will be arranged.

Question 28

T/F Access to a work location may be denied or delayed for reasons including safety, security, work load requirements, or other legitimate circumstances.

Answer 28

True, 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).

Question 29

Any materials posted shall be ______ ___ _________ by the organization representative, and a copy of all materials posted (shall/should/may) be provided to the commander or their designee at the time of posting.

Answer 29

dated and initialed Shall

Question 30

Materials posted on a BU bulletin board shall not be (4):

Answer 30

libelous, obscene, defamatory, or of a partisan political nature.

Question 31

If management contemplates removing employee organization material from a bulletin board, it should: If the organization representative refuses to withdraw the material posted, management:

Answer 31

make a reasonable effort to contact the affected employee organization to explain the reason. management retains final authority for removal.

Question 32

T/F Employees shall not conduct or participate in employee organization business activities during assigned work hours. Employee organization business activities include those activities for which ________ ____ is not granted.

Answer 32

True release time Some examples include organization meetings, dues collection, and membership campaigns.

Question 33

T/F Employees’ “own time” or “non-working hours” are considered to be lunch periods, rest breaks, and time before and after work. Participation in employee organization business may, however, be restricted during rest breaks due to operational needs.

Answer 33

True True

Question 34

T/F Employee mailboxes shall not be utilized for the distribution of organization literature.

Answer 34

False, can be used

Question 35

T/F State vehicles shall not be used for transportation by employees or employee organization representatives while participating in representational or employee organization business.

Answer 35

True

Question 36

T/F Union stewards shall not be permitted the use of copiers or fax machines for union representational purposes.

Answer 36

False, occasional use of both may be permitted provided that such use does not result in additional costs to the state, nor interfere with state operations.

Question 37

T/F Use of departmental audio-visual equipment by employee organization representatives may be permitted.

Answer 37

True

Question 38

T/F 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

Answer 38

True, but may be monitored by the Dept.

Question 39

T/F 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 immediate supervisor.

Answer 39

True

Question 40

T/F Use of the state’s and Department’s internal mail systems for distribution of employee organization business shall be permitted.

Answer 40

False, is not permitted.

Question 41

T/F Correspondence delivered through the United States Postal Service addressed to a particular individual at a specific work location will be opened and delivered to the employee unless:

Answer 41

True marked “Personal and Confidential.”

Question 42

The employee organization requesting to use a state facility must provide:

Answer 42

reasonable advance notice prior to the date the facility is to be used.

Question 43

This shall be the primary consideration when approving requests for the use of release time.

Answer 43

The needs of the command

Question 44

T/F The use of release time for employee representational matters may only be granted during an employee’s working hours. Shift changes or schedule changes are not to be made to provide for release time

Answer 44

True True

Question 45

State release time for representational purposes is limited to those instances when representing an employee from the representative’s:

Answer 45

area of primary responsibility.

Question 46

T/F 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 outside that representative’s area of primary responsibility.

Answer 46

True

Question 47

This entity has the authority to permit or deny a request for state release time.

Answer 47

An employee’s supervisor

Question 48

T/F No employee shall conduct or participate in the internal business affairs of an employee organization during assigned working hours

Answer 48

True

Question 49

T/F State release time shall be authorized for an employee to leave the work site to meet with an organization representative on a representational matter.

Answer 49

False, shall not be If departmental operations will permit, such a meeting may be conducted on the employee’s own time (i.e., vacation, Compensating Time Off [CTO]).

Question 50

T/F Time spent by employee representatives on representational activities will not qualify for, or result in, overtime compensation.

Answer 50

True

Question 51

T/F Travel time is allowed provided it can be accomplished within the amount of authorized state release time. An exception is that no travel time is allowed for employee interrogation representation. Travel time is not authorized for employees participating in employee organization business.

Answer 51

True

Question 52

T/F Unless otherwise specified, the limits on use of state release time by employees and employee representatives may not be extended.

Answer 52

False, may only be extended with management's approval.

Question 53

T/F The intent of this policy is to provide state release time for a reasonable number of representatives at a time per issue.

Answer 53

False, only one

Question 54

T/F When the representative has not been designated by an employee organization, neither the employee nor the representative receives state release time for preparation.

Answer 54

True, however, If management elects to call a meeting to discuss the grievance or complaint, both departmental employees receive state release time to meet with management.

Question 55

T/F Upon the request of a supervisory employee, up to four 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 travel purposes is not permitted except as it may occur within the four hours maximum state release time.

Answer 55

True True

Question 56

T/F An employee who is representing themself in a grievance or complaint shall be granted up to 4 hours of state release time for preparation

Answer 56

False, does not have the right to Time off for self-representation is limited only to a reasonable amount of time, as determined by management, to meet with management. It does not include preparation or investigative time.

Question 57

Contributions must be in (#) increments, except for holiday credits which must be in (#) increments. Sick leave credits (may/may not) be donated. Once a donation is made, it is:

Answer 57

one hour eight hour May not irrevocable

Question 58

Unless otherwise negotiated, withdrawals from the banks must be in (#) increments. This entity monitors donations and withdrawals from the CTB.

Answer 58

one hour Office of Employee Relations

Question 59

To donate or withdraw from a contributory time bank, an employee may submit a (form)[automated] or a (form)[non-automated] to their supervisor for command review. The supervisor is responsible for: The employee is responsible for:

Answer 59

Chp415/CHP 212 forwarding a copy directly to the Office of Employee Relations (OER). forwarding a copy of the form to the appropriate employee organization. 212 attached to the 71 and forward to HRS, who forwards to OER

Question 60

The Department has authorized ______________ and ______________ to approve/disapprove reimbursable paid leaves of absence based upon the following 3 factors:

Answer 60

supervisors and managers (then forwarded to OER for departmental approval) (a) The timing of a Merit Salary Adjustment. (b) Employee job performance. (c) Operational/program considerations such as workload, assignment, and replacement.

Question 61

While there are no specific contractual requirements establishing minimum or maximum periods for paid leave of absence for BU employees, leaves should not be less than (time) in duration and not more than (time) at a time.

Answer 61

one day one year

Question 62

Request for union leave shall be retained at the command level for (time) from the date of the request, and for (time) in the OER.

Answer 62

12 months three years

Question 63

T/F Once the period of leave is established and granted, the employee will have no right to return earlier than the established date without the expressed approval of the employee’s appointing power.

Answer 63

True

Question 64

T/F When a representative requests state release time, the representative need not reveal to their supervisor of the reason (i.e., grievance, adverse action), but shall indicate the amount of time needed based upon the general purpose for the state release time.

Answer 64

False, shall inform the reason True, shall indicate amount of time needed

Question 65

Depending upon the employee's work assignment and length of leave requested, submission of the (form) to request the leave with a ____ to _____ week prior notice should be the minimum under normal circumstances.

Answer 65

CHP 614 two to four

Question 66

This form shall be completed by all departmental employees who provide representation for employees or on behalf of a recognized employee organization

Answer 66

CHP 610

Question 67

Completed forms are to be submitted to the supervisor within (time) following the date of representation.

Answer 67

two working days

Question 68

In regards to the CHP 610, the supervisor is responsible for ensuring: After approval, the CHP 610 will be routed from the command, with the corresponding (form), directly to: and a copy:

Answer 68

It is completed for each representational activity/the information on the form is complete and accurate. CHP 415 OER copy retained at the command.

Question 69

Beat 831: Beat 832: Beat 833: CAHP Release Time Bank. (4) Beat 834 - Adverse Actions/Interrogations/Officer Involved Shootings

Answer 69

Beat 831 - Grievances and Complaints. Beat 832 - Meet-and-Confer Beat 833 - CAHP Release Time Bank.

Question 70

CAHP Release Time Bank is to be taken in (#) hour(s) increments initially, and in (#) hour(s) increments thereafter.

Answer 70

two one

Question 71

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. For a CAHP rep, up to (#) hours per incident, per involved employee. The employees shift (may/may not) be adjusted

Answer 71

eight Eight per employee involved Shall be adjusted if needed

Question 72

Beat 835: Beat 836: Beat 837 Beat 838:

Answer 72

Beat 835 - Skelly Responses. Beat 836 - Dock Time for Organization Business. Beat 837 - Leave of Absence for Employee Organization Business Beat 838 - Reimbursable Paid Leave of Absence.

Question 73

This is the orderly method by which an employee and/or employee organization confidentially raise and process a claim alleging a violation of the contract or policy.

Answer 73

The grievance/complaint process

Question 74

Examples of represented employee grievances are (3):

Answer 74

(1) Denial of representation during the grievance procedure. (2) Denial of overtime compensation provided by the contract. (3) Annual Performance Evaluations.

Question 75

A represented employee grievance alleges a violation of:

Answer 75

the contract.

Question 76

The complaint procedure for represented employees settles disputes over:

Answer 76

policy or procedures

Question 77

Examples of represented employee complaints are:

Answer 77

(1) Allegation that an officer must work a graveyard shift alone. (2) Denial of hardship transfer.

Question 78

The grievance procedure for excluded employees involves disputes over (4):

Answer 78

statutes, regulations, policies or practices

Question 79

Examples of excluded employee grievances are:

Answer 79

(1) Denial of overtime. (2) Denial of transfer. (3) Request to remove censurable incident report.

Question 80

Grievance/complaint levels: Informal Level: Level 1:

Answer 80

Informal Level. This level requires an informal discussion between the immediate supervisor and grievant/complainant and/or their representative. Level 1. Area/section commander. In those cases where the employee’s immediate supervisor is also the Area or section commander, the formal grievance/complaint shall initially be filed at Level 2.

Question 81

Grievance/complaint levels: Level 2. Level 3. Level 4.

Answer 81

Level 2. Division commander. In those cases where the employee’s immediate supervisor is also the Division commander, the grievance/complaint shall initially be filed at Level 3 Level 3. Office of the Commissioner. This is the last level of appeal for represented employee complaints Level 4. Director of the California Department of Human Resources. This is the last level of appeal for excluded employee grievances.

Question 82

T/F All employees have the right to confidentiality during the grievance/complaint process

Answer 82

True

Question 83

If the responses from the first four levels are unsatisfactory to the grievant and/or the grievant’s exclusive representative, most grievances for represented employees may be elevated to:

Answer 83

arbitration.

Question 84

T/F Documentation of the grievance process is not mandatory, and tends to complicate issues.

Answer 84

False The importance of documentation during the grievance/complaint procedure cannot be overemphasized

Question 85

The first step to initiate the grievance/complaint procedure is:

Answer 85

an informal discussion between the employee and the employee’s immediate supervisor. Not a mandate of all BU agreements

Question 86

T/F It is extremely important to thoroughly investigate all grievances/complaints at the informal level. All facts and circumstances must be verified before issuing a verbal response. Once a written grievance/complaint is filed, it is much more difficult to resolve

Answer 86

True

Question 87

T/F Extensive written documentation is not required at the informal level, although keeping a written record for future reference may be to the supervisor’s advantage.

Answer 87

True

Question 88

Before issuing a decision, the supervisor may want to discuss it with: The informal _______ response should be issued as quickly as:

Answer 88

other members of the management team. verbal the investigation can be completed.

Question 89

T/F If the informal discussion reveals a contract provision or policy violation, the error must be admitted and a remedy provided to correct the situation. If the remedy is delayed, this can cause:

Answer 89

True Another grievance

Question 90

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

Answer 90

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

Question 91

T/F Accepting a written grievance/complaint without this informal level expedites the process and hastens the opportunity to respond informally to the concerns of the employee.

Answer 91

False, circumvents the process and eliminates the opportunity

Question 92

T/F If an employee/representative insists on submitting the grievance/complaint, it should be accepted. The grievance/complaint should be denied based upon the technical error that no informal discussion was held, but the issue addressed to avoid a finding against the depart later.

Answer 92

True all

Question 93

T/F Management has a responsibility to determine the proper classification of the alleged violation.

Answer 93

False, it is not The grievant/complainant must make that determination and document it by utilizing the proper classification (i.e., grievance or complaint). Management should respond only to the violation specified in the grievance/complaint without expansion or modification.

Question 94

T/F Even if a grievance/complaint is not filed within these time limits, it should still be accepted by the appropriate level, but denied because of its untimeliness. The issue of dispute should still be addressed in the response.

Answer 94

True

Question 95

T/F A grievant or complainant shall be permitted to utilize departmental clerical assistance and/or state equipment in formalizing their appeal at any step in the grievance/complaint or appeal processes.

Answer 95

is not permitted

Question 96

T/F If the employee organization filed/appealed the issue on behalf of the grievant/complainant, the original grievance/complaint should be returned to the organization, with a copy forwarded to the grievant/complainant labeled “Personal and Confidential.”

Answer 96

True, if employee filed, original returned to employee

Question 97

A copy of the step 1 or 2 grievance/complaint will be forwarded appropriately within: Step 1 goes to: Step 2 goes to:

Answer 97

5 working days after issuance of response. Step 1: division and OER Step 2: effected command and OER

Question 98

A copy of the step 3 or 4 grievance/complaint will be forwarded appropriately within: Step 3 goes to: Step 4 goes to:

Answer 98

Step 3 From OER to command within 3 working days after issuance Step 4 to affected command within 3 working days after receipt from CalHR

Question 99

Within (time) after service of a copy of a decision, any party may file a written petition for a rehearing with the Director of CalHR

Answer 99

thirty days

Question 100

Unless a proper application for rehearing is made, every decision shall become final (time) after service of such decision upon the parties by CalHR.

Answer 100

30 days

Question 101

Grievance records shall be retained at the affected command for a period of (time) following the date of the final action. Complaint records shall be retained in the affected command for a period of (time) following the date of the final action.

Answer 101

three years one year

Question 102

Headquarters Central Files shall retain grievance records for a period of (time) following the date of the final action, and complaint records for a period of (time) following the date of the final action.

Answer 102

five years three years

Question 103

There are occasions when an employee transfers or promotes to another command and has an active grievance/complaint in process. In such circumstances, copies of the grievance/complaint documents shall be:

Answer 103

sent to the new command, Inactive grievance/complaint records shall not be forwarded to the new command.

Question 104

management, and employee organizations are required to “meet-and-confer in good faith” on management actions affecting:

Answer 104

wages, hours, and other conditions of employment.

Question 105

T/F Changes due to the method of scheduling shifts and days off, amendments to Standard Operating Procedures, 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 representatives(s).

Answer 105

True

Question 106

Cause is defined as an ___________ reason an employee cannot continue to perform in the specialty pay assignment:

Answer 106

articulable safely and/or effectively.

Question 107

Currently, only the following are considered specialty pay positions (4):

Answer 107

(1) Motorcycle assignments. (2) Pilot or flight officer positions. (3) Bilingual positions. (4) Investigator positions.

Question 108

T/F An employee could not, however, be removed from a specialty pay position solely because they received an adverse action for an unrelated off-duty incident.

Answer 108

True

Question 109

Prior to removing an employee for cause from any specialty pay position, approval must be obtained from:

Answer 109

the appropriate Assistant Commissioner, through channels.

Question 110

T/F As indicated in the White decision, an employee removed from a specialty pay position is entitled to an administrative hearing if desired. Therefore, actions leading up to the removal, including those attempts to correct the deficient performance, must be documented for possible future use.

Answer 110

True

Question 111

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.

Answer 111

grievance