HPM 9.1 Employee Relations Flashcards
What is the purpose of the Employee Relations manual?
Establish policy and to provide managers and supervisors with guidelines for administering the Department’s employee relations program.
What is the objective of the Employee Relations manual?
Provide managers and supervisors with the knowledge of the concepts, laws, and professional practices of employee relations.
Does the Employee Relations manual address excluded employees or represented employees?
Both.
What is the purpose of the Employee Relations program?
To encourage harmonious relations between the Department and its employees, and establish procedures for the equitable and peaceful resolution of differences on employee relations matters.
What is the key to increased employee job satisfaction, motivation, efficiency, and morale?
Development of open lines of communication.
What is the Commissioner’s philosophy regarding employee relations?
That commanders establish and maintain positive lines of open communication with employees and employee representatives.
Who is responsible for seeing that employee relations policies of the Department are properly administered?
Managers and supervisors.
Who is responsible for developing, coordinating, and administering employee relations policies and procedures for the Office of the Commissioner?
Office of Employee Relations (OER).
What are some examples of the duties performed by OER?
Provide assistance and advice to managers and supervisors on matters relating to wages, hours, and other terms and conditions of employment. Maintaining a liaison with the Department of Personnel Administration and employee organizations on representational matters. Reviewing grievances/complaints processed at all levels and investigating grievances/complaints at the Commissioner’s level of appeal. Representing the Department in negotiations for various bargaining units. Training managers and supervisors to enhance their understanding and develop their expertise in the principles and concepts of public sector employee relations. Representing the Department in arbitration, unfair labor practice charges and non-merit statutory appeal hearings. Serving as the Departmental authority for the administration of the Management Relations Program.
What does the administration of labor contracts involve?
Strict adherence to the provisions which have been negotiated between the exclusive representatives and the State.
CHP management administers how many labor contracts for how many bargaining units?
12
What can occur as a result of misapplication of failure to enforce terms of a labor contract?
May result in violations that are subject to the grievance and arbitration procedures.
A misapplication of a negotiated provision because of inconsistency and/or misunderstanding may result in what?
Alleged violation of the agreement in the form of a grievance.
How should management administer contracts?
In an equitable, non-discriminatory, and relatively uniform manner.
When can provisions of a labor contract be changed?
By mutual agreement between the employer and the exclusive representatives.
What are contract interpretations?
Supplemental guidelines of management’s interpretations of the labor contract published by OER (on a CHP 62).
How are contract interpretations printed and to whom are they distributed?
They are printed on blue paper and distributed without cover memoranda to all applicable managers and supervisors.
Which employees are commanders required to inform of the contents of the published contract interpretations?
All applicable managers and supervisors. First line supervisors designated “represented” under the Dills Act.
What provision in a contract requires employees who do not desire, for whatever reason, to join the exclusive bargaining organization, to pay a service fee to the organization for representation, regardless of membership status?
Fair share fee.
What is the definition of a labor contract/MOU?
A written agreement between the State and a labor organization, usually for a definite term, defining conditions of employment, rights of employees and the labor organization, and procedures to be followed in settling disputes or handling issues that arise during the life of the contract.
Withdrawal of an association’s status as exclusive representative upon vote by the employees in the unit that they no longer wish to be represented by a particular exclusive representative is called what?
Decertification.
Who are “excluded employees” within the CHP?
All managerial. All confidential. All supervisory.
What is the definition of an injunction?
A restraining order issued by a court for a temporary period without a preliminary hearing requiring one of the parties to perform or cease a specified activity.
What is the term used in the Government Code to describe negotiations?
Meet and confer in good faith.
What is required when changes are made within departmental policy which significantly affect the terms and conditions of employment?
Meet and confer over impact.
What is a meeting between management and an employee organization representative not required by law or departmental policy to discuss employee relation issues?
Meet and discuss.
When would past practice take precedence over a written policy?
Consistent - management consistently applies the practice in contrast to or in the absence of a written policy. Uniform – the majority of management activity supports the practice. Long term – the practice is so dominant that in fact policy should be re-written to reflect the accepted practice. Accepted by both parties – management and the exclusive representative.
What board is responsible for administering and enforcing the Dills Act?
Public Employment Relations Board (PERB).
What is a bank of hours negotiated on a labor contract for use by representatives for organizational activities which do not qualify for State release time?
Release time bank.
What is the term used for a direct or indirect use of threats to use official authority or influence in any manner which tends to discourage use of the grievance procedure or other exercise of protected rights?
Reprisal.
What is the scope of representation limited to for represented employees?
Wages. Hours. Other terms and conditions of employment.
What year did collective bargaining begin in California for state employees?
1982
What is the “Dills Act?”
A series of Government Code Sections which govern collective bargaining for represented employees of the State of California.
What was the “Dills Act” called prior being called the “Dills Act?”
The State Employer – Employee Relations Act (SEERA).
What are the six basic elements of the Dills Act?
Covers all civil service employees. Grants specific rights only to represented employees. Requires the State and exclusive representatives to negotiate in good faith on wages, hours, and other terms and conditions of employment. Contains criteria for determining which classifications are grouped into which bargaining units. Provides for exclusive representation for represented employees. Defines unfair labor practices by management and exclusive representatives. Contains provisions for impasse procedures and public disclosure of bargaining proposals.
What statute gives supervisory employees the right to be represented regarding all matters related to employment conditions and supervisory employer – employee relations?
Excluded Employees Bill of Rights.
Which departmental employees are extended the protection of the Peace Officer’s Bill of Rights?
The Department extends these rights to all employees.
What is the definition of a “represented employee?”
An employee who is not designated as supervisory, managerial, confidential, or excluded under the Dills Act.
If there is a conflict between Department policy and the provisions of a negotiated contract, which will be controlling?
The contract shall be controlling.
What is the definition of a managerial employee under the Dills Act?
Any employee having significant responsibilities for formulating or administering agency or departmental policies, programs, or administering an agency or department.
What is the definition of a confidential employee under the Dills Act?
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.
What is the definition of a supervisory employee under the Dills Act?
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 to adjust their grievances, or effectively recommend such action, if the exercise of this authority is not just routine or clerical, but requires the use of independent judgment.
Are managerial, confidential, and other non-supervisory excluded employees entitled to bargaining units, exclusive representation, or labor contracts?
No.
What four things are managerial, confidential, and other non-supervisory excluded employees prohibited from doing?
Holding elective office in an employee organization which represents any non-excluded employees. Representing any non-excluded employees in meet and confer sessions. Representing any non-excluded employee in the grievance process. Voting on questions of ratification or rejection of a contract reached on behalf of non-excluded employees.
What limited rights do supervisory employees have?
Form, join and participate in activities of employee organizations for the purpose of representation on all matters of supervisory employee relations. Refuse to join or participate in the activities of employee organizations. Represent themselves individually in their employment relations with the State. Freely associate with represented employees and join and participate in the activities of such employee organizations. Use the grievance and appeal procedures.
What does the Excluded Employees Bill of Rights grant supervisory employee organizations?
Represent their supervisory employee members in their employment relations, including grievances with the State. Meet and confer, upon request, with the employer prior to it’s arriving at a determination of policy or course of action. Establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of employees from membership.
Is management’s authority absolute?
No, it is dictated by the laws and rules governing State civil service and personnel administration, by the terms of the negotiated contracts, and by the responsibility to act reasonably in exercising authority over employees.
What are the responsibilities of managers and supervisors?
Developing sound and positive employee relations practices in their work units and ensuring that Departmental policies, procedures and the terms of the negotiated contracts are administered properly and consistently.
What essential techniques do managers and supervisors need to know in regard to employee relations?
Understand and exercise management’s rights for the efficiency and effectiveness of the Department. Be familiar with labor contracts. Develop relationships with employee organization representatives. Remain alert to problems which may be brewing. Keep OER informed of significant employee relations issues and problems with contract language.
Can a representative’s representational activity be the basis for discipline or discharge?
No.
Is it true that when an employee representative is acting in that capacity, he/she is on equal ground with management?
Yes.
What is the definition of “ground rules”?
Parameters established by management for the conduct of employee organization business.
What are the roles of a supervisor in regard to employee relations?
To be a link between employees and management. To act as a member of the management team. Provide feedback for employees. To understand his/her authority. To make decisions.
Who is the primary link between the employee and upper levels of management?
Supervisors.
Who arranges and supervises representational elections for each bargaining unit?
Public Employees Relations Board (PERB).
An excluded employee organization is required to submit an annual registration statement to which state agency before formal recognition?
DPA.
What is the definition of “bona fide association”?
An organization of employees and former employees of the state including affirmative action advocacy groups and professional organizations that do not have as one of their purposes the representation of employees in their relations with the state.
Can a bona fide association, registered with the DPA, enter a work location without the consent of the commander?
No.
Shall officials and designated representatives of recognized employee organizations, including supervisory organizations be given reasonable access to work locations to meet with departmental employees on representational matters?
Yes.
When a representative requests permission to engage in business relating to representational matters during work hours, is the supervisor required to grant it?
Permission shall be granted promptly unless such absence would interfere with efficient operations.
If a supervisor does not give permission to the representative, what is the supervisor required to do?
Arrange an alternate time.
For what reasons could access to a work location be denied or delayed?
Safety. Security. Work load requirements. Other legitimate circumstances.
A recognized employee organization is allowed to post what type of material on a bulletin board?
Notices and results of any official organization committee or meeting. Notices of organization elections and their results. Notices of organization recreational and social events. Notices of other official organization business.
What is material that is posted on a bulletin board required to have on it?
Date and initialed by the organization representative.
Can management remove something from an organizational bulletin board?
Yes, but a reasonable effort to contact the organization and explain the reason for the removal should be made.
In regard to the previous question, what happens if the organization refuses to remove the material from the bulletin board?
Management retains the final authority for removal.
Can employees conduct or participate in employee organization business activities during assigned work hours?
No.
What is the definition of non-working hours?
Lunch periods, rest breaks, and time before and after work.
When can the solicitation for membership at the work location take place?
During non-working hours.
When can a recognized employee representative distribute organization literature before or after working hours or during meal periods in non-working areas?
After requesting and being granted access.
What does an employee representative have access to, without cost, in order to conduct employee relations business?
State telephones, as long as there is no toll charge.
Can state vehicles be used for transportation by employees or employee organization representatives while participating in representational or employee organization business?
No.
Departmental duplicating equipment shall not be used for what type of activity?
Copy or duplicate personal or employee organization business.
What does an employee organization representative need to do in order to use departmental audio-visual equipment?
Make request in advance to the commander.
Can employee organizational material be sent through State or departmental mail?
No.
What requirements must be met in order for an employee organization to use state facilities for organization meetings?
Request must be made by an authorized representative of the organization to the commander. The employee organization must provide reasonable advance notice prior to the date the facility is to be used. An employee organization may schedule the use of the facility prior to the start, or at the conclusion of Division/Area/Section/Unit meetings, training days, etc. Employees attending these meetings shall do so voluntarily and shall attend on their own time.
What is the primary consideration when approving requests for the use of release time?
Needs of the command.
What is the definition of state release time?
State time which shall only be utilized for representational purposes as permitted by the contract and/or departmental policy.
What provision allows employees to contribute leave credits into a contributory time bank that is used by employee organization representatives for conducting union business when authorized by the appropriate employee organization?
Contributory time bank.
What provision found in some contracts permits representatives to utilize a reimbursable paid leave of absence (paid by the exclusive representative) for employee organization business which does not qualify as State release time.
Reimbursable paid leave of absence (Union Leave)?
How many hours of State release time does the Department allow the CAHP Supervisors’ Council Director and members per representational activity to meet with the Field Division commanders in their area of primary responsibility?
Up to four hours.
How many full shifts of State release time is the Council Director given per month and per quarter to attend the CAHP Board of Directors’ meeting?
Two full shifts per month and two full shifts per quarter for the meeting.
Is state release time for representational purposes subject to restrictions?
Yes, it is restricted to representation within the representing employee’s area of primary responsibility.
Who as the authority to grant/deny state release time?
Supervisor.
Can employees use state release time to attend employee organization meetings?
No, shall be done voluntarily and on their own time.
Is state release time authorized for an employee to meet with an organization representative on a representational matter off-site?
No, must be at the work site to use state release time.
Travel time is allowed provided it can be accomplished within the amount of authorized state release time except for travel to what type of representation activity?
Interrogation representation.
Who can extend the limits on use of State release time by employees and employee representatives?
Management.
Can state release time be granted to an employee that wishes to confer with a designated employee organizational representative about a grievance/complaint or representational matter during assigned working hours?
Yes, with supervisors approval.
Does an employee have the right to secure the assistance of a representative during the preparation and presentation of a complaint or grievance?
Yes, but usually are only allowed up to four hours for each level.
Does an employee who represents himself/herself in a grievance/complaint have a right to state release time for preparation?
No.
Employee contributions into a contributory time bank must be increments of how many hours?
One hour, except holiday credits must be a minimum of eight hours.
Can sick leave credits be donated to the contributory bank?
No.
Who monitors donations and withdrawals from each bargaining unit’s contributory time bank?
Office of Employee Relations.
How are donations made by employees to their respective contributory time bank?
Utilize a CHP 415.
What is a CHP 212?
Non-automated Personnel Contributory Time Bank form.
What is the CHP 212 used for?
Way for non-automated employees to donate and use time from their bargaining units contributory time bank.
