MOU

Question 1

It is understood by the parties that CAHP has the following rights:

Answer 1

To represent its members before the State regarding wages, hours, and other terms and conditions of employment.
To receive timely written notice of changes to, or adoption of, any rule or regulation directly relating to wages, hours, and other terms and conditions of employment. (MOU pg7)

Question 2

Upon request of an employee, a CAHP Representative shall be allowed up to _____ hours of release time to assist the employee on a grievance or complaint at each level of the grievance/complaint procedure, provided it is in the CAHP Representative’s designated area of primary responsibility. This time may be extended with approval of the commander of the Office of Employee Relations.

Answer 2

Four. (MOU, PG 8)

Question 3

With an employee’s_______________, an authorized CAHP Representative shall be permitted, upon request, to inspect the employee’s official Department personnel file during normal business hours. Such review shall not interfere with the normal business of the Department.

Answer 3

written consent. MOU pg10

Question 4

A grievance is a dispute of one or more employees, or a dispute between the State and CAHP involving the_____ ,_____, or ____ of the express terms of this Agreement.

Answer 4

Interpretation / application / enforcement. MOU pg. 13

Question 5

Informal Discussion. An employee grievance or complaint initially shall be discussed with ___________________. This discussion must occur within _______ days of the event or circumstances occasioning the grievance. The immediate supervisor shall give his/her decision or response within ___________ days of the discussion.

Answer 5

the employee’s immediate supervisor / 21 calendar / seven calendar. MOU pg 14, 17

Question 6

Formal Grievance/Formal Complaint - Level I (Commander)
(1) If an informal grievance/complaint is not resolved to the satisfaction of the grievant/complainant, a formal grievance/complaint may be filed no later than: _________ days after the event or circumstances occasioning the grievance, or within ________ days of the decision rendered in the informal grievance/complaint procedure, whichever is later.
(2) A formal grievance/complaint shall be initiated in writing on a form provided by the State and shall be filed with a designated supervisor or manager identified by the appointing authority as the first level of appeal.
(3) Within _________ days after receipt of the formal grievance/complaint, the person designated by the Department head as the first level of appeal shall respond in writing to the grievance/complaint.

Answer 6

Twenty-one calendar / seven calendar / 14 calendar. MOU Pg 14, 17

Question 7

Formal Grievance/Formal Complaint - Level II (Division Chief)
(1) If the grievant/complainant is not satisfied with the decision rendered pursuant to Level I, the grievant/complainant may appeal the decision within ___________ days to a designated supervisor or manager identified by the appointing authority as the second level of appeal.
(2) Within ________ days after receipt of the appealed grievance/complaint, the person designated by the Department head as the second level of appeal shall respond in writing to the grievance.

Answer 7

14 calendar / 21 calendar. MOU Pg 15, 17/18

Question 8

Formal Grievance/Formal Complaint - Level III (Commissioner)
(1) If the grievant/complainant is not satisfied with the decision rendered pursuant to Level II, the grievant/complainant may appeal the decision within _______ days to a designated supervisor or manager identified by the appointing authority as the third level of appeal.
(2) Within __________ days after receipt of the appealed grievance/complaint, the person designated by the Department head as the third level of appeal shall respond in writing to the grievance/complaint.

Answer 8

14 calendar / 21 calendar MOU. Pg 15, 18
This is the final step in the Formal Complaint process

Question 9

Formal Grievance - Level IV (DPA)
(1) If the grievant is not satisfied with the decision rendered at Level III, the grievant may appeal the decision within _________ days to the Director of DPA or his/her designee.
(2) Within ________days after receipt of the appealed grievance, the Director of DPA or designee shall respond in writing to the grievance.

Answer 9

14 calendar / 45 calendar. MOU Pg15

Question 10

Arbitration Procedure. If CAHP is not satisfied with the decision rendered at Level IV, CAHP may appeal the decision to binding arbitration within __ _____ days of management’s final decision.

Answer 10

30 calendar MOU pg. 16

Question 11

A complaint is a dispute of one or more employees or a dispute between the CAHP and the
Department involving the application or interpretation of an existing ___________ or __________. This procedure does not cover merit-related issues.

Answer 11

Written Rule or Policy. MOU Page 17

Question 12

An employee’s complaint initially shall be discussed with the employee’s _____________
____________. This discussion must occur within ______ of the event or circumstances
occasioning the complaint.

Answer 12

Immediate Supervisor, 21 Calendar Days. (MOU Page 17)
Note: The immediate supervisor shall give a decision or response within 7 Calendar days of the discussion.

Question 13

Formal Complaint - Level III. If the complainant is not satisfied with the decision rendered in Level II, the complainant may appeal the decision within ______________to the Office of the
________________. This is the final and last step of the procedure.

Answer 13

14 Calendar Days, Office of the Commissioner. MOU Page 18

Question 14

The ___ is a _______ __________ process by which an employee’s chosen CAHP Representative
acts on behalf of the employee utilizing the “meet and confer” process to informally resolve
adverse written findings of a citizens’ complaint investigation or any adverse comments on
performance documents (i.e. CHP 100 forms, Memorandums of Direction, Correction or
Findings, Censurable Incident Reports, etc.).

Answer 14

IDR/dispute resolution (MOU pg. 18)

Question 15

IDR – Level I-An employee’s chosen CAHP Representative may request to “meet and confer” with
the Area/Section Commander over written comments considered adverse to the employee’s
performance. This discussion must occur within ____________of the issuance of the written comments.
Within _____________of the “meet and confer,” the Area/Section Commander shall render a decision to
the CAHP Representative.

Answer 15

21 Calendar Days, 21 Calendar Days. MOU Page 19

Question 16

IDR – Level II. If the dispute is not resolved with the decision rendered by Level I, the dispute may be elevated by the employee or the Area Representative to the employee’s CAHP District Director. The District Director may request to “meet and confer” with the appropriate Division Commander over written comments considered adverse to the employee’s performance. This discussion must occur within ____________ of the Area/Section Commander’s decision. Within ___________of the Level II “meet and confer,” the Division Commander shall render a decision to the CAHP District Director.

Answer 16

21 Calendar Days, 21 Calendar Days. MOU Page 19

Question 17

IDR – Level III. If the Director and/or affected employee is not satisfied with Division response,
he/she may request that the item be placed on a formal “meet and confer” agenda, scheduled between the CAHP and the Office of the Commissioner. This discussion must occur within _______________of the Division Commander’s Decision. ___________________of the Level III “meet and confer,” the Office of the Commissioner shall render a decision to the CAHP.

Answer 17

21 Calendar Days, 21 Calendar Days. MOU Page 19/20
Note: Level III shall be considered the last level of appeal

Question 18

Employees shall qualify for a swing shift pay differential of $_____per hour when ________ of the regularly scheduled work shift fall between ______ and _____ hours.
Employees shall qualify for a graveyard shift differential of $_______ when __________ of the regularly scheduled work shift fall between ____and _____ hours.

Answer 18

$1.00 / four or more hours / 1800 and 0100 hours
$1.50 / four or more hours / 2300 and 0600 hours. MOU PG 25

Question 19

Employees who are assigned to perform the duties of an OIC for __________ during a shift shall receive a differential of ____% of the daily rate of base pay for every day

Answer 19

six hours or more / 5%. MOU Pg 25

Question 20

Once an employee’s CTO balance reaches 480 hours, the Department retains the authority to mandate a reduction by ordering time off. When CTO time off is ordered, the employee shall be provided reasonable advance notice ______________ and not be ordered to take such time off in less than shift increments.

Answer 20

at least 24 hours (MOU page 24)

Question 21

True/False- For the purposes of this section (business calls), text messaging, email and other forms of electronic communication are considered business calls.

Answer 21

False/ it shall not be used as a means of communication with employees during off duty hours when a response is required. (26)

Question 22

For call-back time due to multiple court appearances in the same day, how much time must elapse between the end of the first appearance and the beginning of the second for an employee to qualify for a second four-hour call-back time block?

Answer 22

Six hours. Otherwise the call-back time extends from the beginning of the first appearance to the end of the second. (MOU p27)

Question 23

The only instances in which CTO is required for employees are under the following circumstances:

Answer 23

When in travel status not connected with enforcement duties, such as travel to or from the Academy or other school for the purpose of training. (MOU, pg. 27 f(1)(a))

Question 24

Call-Back Time. When an additional trip to the work location is required, the employee will be compensated, up to a maximum of _______________________, for travel time.

Answer 24

one and one-half hours each way. MOU pg 28
An employee shall not be subject to this limit when he/she is required to attend court in an Area other than where he/she is currently assigned.

Question 25

Telephonic Subpoenas. When an employee has completed a normal shift, or is on an authorized day off and is required to testify telephonically in response to a subpoena issued by the Department of Motor Vehicles, he/she shall be credited with ______ ______ of overtime.

Answer 25

2 hours. MOU Page 29

Question 26

What is the maximum amount of sick leave credit an employee may accumulate?

Answer 26

There is no limit. (MOU page 53)

Question 27

The Department head or his/her designee may require the employee to provide verification of reason for sick leave usage from a physician or other person having knowledge of the condition. Verification may be required after the ______ consecutive day of sick leave usage.

Answer 27

Second (MOU page 54)

Question 28

Once an employee elects to enroll in either the annual leave program or vacation and sick leave program, the employee may not elect to enroll in the other program until ________ has elapsed from date of enrollment.

Answer 28

24 months (MOU p 54)

Question 29

If the death of a person as described above requires the employee to travel over ______ miles one way from his/her home, additional time off with pay shall be granted for _______ additional days which shall be deducted from accrued leave. Should additional leave be necessary, the Department head or designee may authorize the use of existing leave credits or authorized leave without pay.

Answer 29

400/ two MOU Page 57 Such bereavement leave shall be authorized for up to twenty-four hours in a fiscal year.

Question 30

Mentoring Leave - Eligible employees may receive up to ___ ___ of mentoring leave per calendar year to participate in mentoring activities once they have used an ___ _____ of their personal time for these activities.

Answer 30

Forty (40) hours. Equal amount. (MOU Page 59)

Question 31

Recruitment time would have to be used within ______ ______ of the date in which it was earned.

Answer 31

One year. (MOU page 62)

Question 32

An employee must work an additional ______ ______ for each overtime meal after qualifying for the first overtime meal. No more than __________ overtime meals may be claimed for each 24-hour period.

Answer 32

Six hours / three (MOU page 74)

Question 33

If an employee agrees to reimburse the Department for the loss or damage of safety and police protective equipment or, any other Department issued equipment, the Department shall not initiate an ________________ against that employee for the loss or damage.

Answer 33

Adverse action (MOU page 82)

Question 34

The State agrees that the odor of alcohol or marijuana on an employee’s breath or clothing ______ _______ be the sole basis for determining “reasonable suspicion” in ordering the complete drug test panel established pursuant to CalHR Rules 599.960 through 599.966.

Answer 34

Shall not. MOU page 83 The State may, however, require the employee to take a breath test, and take appropriate administrative action based on the results.