9.1 Employee Relations Manual Flashcards

1
Q

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

A

job satisfaction, motivation, efficiency and morale

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2
Q

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

A

Managers and supervisors

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3
Q

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

A

True

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4
Q

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.

A

reasonably believes disciplinary action may result

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5
Q

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

under the Dills Act.

A

supervisory, managerial, confidential, or excluded

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6
Q

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

A

preconceived

experience, ideas, and energy

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7
Q

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

A

True

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8
Q

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

A

contribute significantly

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9
Q

T/F

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

A

True

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10
Q

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.

A

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

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11
Q

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.

A

True

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12
Q

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

A

petty complaints will be minimized.

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13
Q

T/F

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

A

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.

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14
Q

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.

A

True

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15
Q

T/F

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

A

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

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16
Q

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

A

grievance procedure

management

employee

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17
Q

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.

A

fact-finder

decision-maker

attentive listener

individual merits

sound interpretation

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18
Q

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

A

reasons behind them.

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19
Q

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.

A

True

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20
Q

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

A

12 of 21

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21
Q

T/F

Cadets are not considered represented employees under BU5.

A

False, are BU5

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22
Q

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.

A

True

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23
Q

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.

A

True

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24
Q

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.

A

False, paid staff MAY

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25
Q

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.

A

True

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26
Q

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

A

Chapter 5 of 9.1

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27
Q

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:

A

their immediate supervisor

Shall

efficient operations

an alternate time will be arranged.

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28
Q

T/F

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

A

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).

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29
Q

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.

A

dated and initialed

Shall

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30
Q

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

A

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

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31
Q

If management contemplates removing employee organization material from a bulletin board, it should:

If the organization representative refuses to withdraw the material posted, management:

A

make a reasonable effort to contact the affected employee organization to explain the reason.

management retains final authority for removal.

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32
Q

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.

A

True

release time

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

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33
Q

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.

A

True

True

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34
Q

T/F

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

A

False, can be used

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35
Q

T/F

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

A

True

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36
Q

T/F

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

A

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.

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37
Q

T/F

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

A

True

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38
Q

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

A

True, but may be monitored by the Dept.

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39
Q

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.

A

True

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40
Q

T/F

Use of the state’s and Department’s internal mail systems for distribution of employee organization business shall be permitted.

A

False, is not permitted.

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41
Q

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:

A

True

marked “Personal and Confidential.”

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42
Q

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

A

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

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43
Q

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

A

The needs of the command

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44
Q

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

A

True

True

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45
Q

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

A

area of primary responsibility.

46
Q

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.

A

True

47
Q

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

A

An employee’s supervisor

48
Q

T/F

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

A

True

49
Q

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.

A

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]).

50
Q

T/F

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

A

True

51
Q

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.

A

True

52
Q

T/F

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

A

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

53
Q

T/F

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

A

False, only one

54
Q

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.

A

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.

55
Q

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.

A

True

True

56
Q

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

A

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.

57
Q

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:

A

one hour
eight hour

May not

irrevocable

58
Q

Unless otherwise negotiated, withdrawals from the banks must be in (#) increments.

This entity monitors donations and withdrawals from the CTB.

A

one hour

Office of Employee Relations

59
Q

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:

A

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

60
Q

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

A

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.

61
Q

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.

A

one day

one year

62
Q

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.

A

12 months

three years

63
Q

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.

A

True

64
Q

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.

A

False, shall inform the reason

True, shall indicate amount of time needed

65
Q

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.

A

CHP 614

two to four

66
Q

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

A

CHP 610

67
Q

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

A

two working days

68
Q

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:

A

It is completed for each representational activity/the information on the form is complete and accurate.

CHP 415

OER

copy retained at the command.

69
Q

Beat 831:

Beat 832:

Beat 833: CAHP Release Time Bank.

(4) Beat 834 - Adverse Actions/Interrogations/Officer Involved Shootings

A

Beat 831 - Grievances and Complaints.

Beat 832 - Meet-and-Confer

Beat 833 - CAHP Release Time Bank.

70
Q

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

A

two

one

71
Q

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

A

eight

Eight per employee involved

Shall be adjusted if needed

72
Q

Beat 835:

Beat 836:

Beat 837

Beat 838:

A

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.

73
Q

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.

A

The grievance/complaint process

74
Q

Examples of represented employee grievances are (3):

A

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

75
Q

A represented employee grievance alleges a violation of:

A

the contract.

76
Q

The complaint procedure for represented employees settles disputes over:

A

policy or procedures

77
Q

Examples of represented employee complaints are:

A

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

78
Q

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

A

statutes, regulations, policies or practices

79
Q

Examples of excluded employee grievances are:

A

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

80
Q

Grievance/complaint levels:

Informal Level:

Level 1:

A

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.

81
Q

Grievance/complaint levels:

Level 2.

Level 3.

Level 4.

A

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.

82
Q

T/F

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

A

True

83
Q

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:

A

arbitration.

84
Q

T/F

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

A

False

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

85
Q

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

A

an informal discussion between the employee and the employee’s immediate supervisor.

Not a mandate of all BU agreements

86
Q

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

A

True

87
Q

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.

A

True

88
Q

Before issuing a decision, the supervisor may want to discuss it with:

The informal _______ response should be issued as quickly as:

A

other members of the management team.

verbal

the investigation can be completed.

89
Q

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:

A

True

Another grievance

90
Q

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

A

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

91
Q

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.

A

False, circumvents the process and eliminates the opportunity

92
Q

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.

A

True all

93
Q

T/F

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

A

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.

94
Q

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.

A

True

95
Q

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.

A

is not permitted

96
Q

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.”

A

True, if employee filed, original returned to employee

97
Q

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

Step 1 goes to:

Step 2 goes to:

A

5 working days after issuance of response.

Step 1: division and OER

Step 2: effected command and OER

98
Q

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

Step 3 goes to:

Step 4 goes to:

A

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

99
Q

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

A

thirty days

100
Q

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

A

30 days

101
Q

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.

A

three years

one year

102
Q

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.

A

five years

three years

103
Q

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:

A

sent to the new command,

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

104
Q

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

A

wages, hours, and other conditions of employment.

105
Q

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).

A

True

106
Q

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

A

articulable

safely and/or effectively.

107
Q

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

A

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

108
Q

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.

A

True

109
Q

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

A

the appropriate Assistant Commissioner, through channels.

110
Q

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.

A

True

111
Q

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.

A

grievance