Deck 9: Job Security and Seniority

Question 1

According to the ________ principle of combining the seniority lists, employees are allowed to continue previously earned seniority on separate seniority lists when their work with the merged company can be separately identified.

A) surviving group
B) follow the work
C) length of service
D) absolute rank

Answer 1

B

Question 2

Which of the following types of seniority is most likely to be used for determining layoffs?

A) plant-wide seniority
B) departmental seniority
C) classification seniority
D) superseniority

Answer 2

A

Question 3

When the surviving group principle is used for combining the seniority lists of merged companies, ________.

A) employees are allowed to continue previously earned seniority on separate seniority lists when their work with the merged company can be separately identified
B) employees' rank positions on the merging seniority lists are equal to their rank positions on the prior seniority lists
C) an employee's length of service is considered, regardless of which company he or she worked for before the merger
D) all the employees of the acquiring company receive greater seniority consideration than any employee of the acquired company

Answer 3

D

Question 4

In the case of job bidding, a down-bid is a bid ________.

A) from one department to another department in the same pay grade
B) from a lower to a higher designation and pay grade
C) from one classification to another classification within the same department and in the same pay grade
D) from a higher to a lower pay grade

Question 5

Which of the following statements is true of a seniority system?

A) The seniority system is based on the age and the educational qualifications of the employees.
B) A seniority system is a mandatory subject in the collective bargaining process.
C) Implementation of seniority systems is required by federal law.
D) Strict formal seniority systems are common in nonunionized organizations, but rare among union employers.

Question 6

Which of the following statements is true regarding layoffs in unionized organizations?

A) In most labor contracts, the highest paid employees are laid off first, with further layoffs made in accordance with performance levels as necessary.
B)b. In unionized organizations, agreements specify age as the sole decision criterion in layoff and recall situations.
C) If the workforce is increased after a layoff, laid-off employees are to be recalled according to past performance levels for appropriate jobs.
D) In cases involving temporary or emergency layoffs, management is often given more flexibility in selecting employees than in indefinite layoffs.

Question 7

A company called Excel Inc. has acquired another company called M&M Inc. Excel Inc. has 150 employees and M&M Inc. has 50 employees. It is decided that the seniority list will be combined according to the proportion of the number of employees in both the companies. Since the proportion is 3:1, in the first four places on the new seniority lists, the three positions ranked highest in Excel Inc. are given positions 1, 2, and 3, and the highest ranked position in M&M Inc. is given rank 4. Which of the following principles of combining seniority lists is used in this example?

A) associative rank
B) ratio-rank
C) rank maintenance
D) absolute rank

Question 8

With reference to the principles used for combining seniority lists in the event of a merger, the ________ principle gives employees rank positions on the merging seniority lists equal to their rank position on the prior seniority lists.

A) associative rank
B) ratio-rank
C) rank maintenance
D) absolute rank

Question 9

In the case of job bidding, an up-bid is a bid ________.

A) from one department to another department in the same pay grade
B) from a lower to a higher pay grade
C) from one classification to another classification within the same department and in the same pay grade
D) from a higher to a lower designation and pay grade

Question 10

In unionized organizations, agreements often specify ________ as the sole decision criterion in layoff and recall situations. This method is generally promoted by employees but not favored by employers.

A) age
B) qualifications
C) seniority
D) performance

Question 11

The general purpose of the ________ Act is to warn workers and local communities of plant closing or mass layoff decisions by requiring employers to provide advance notice in either situation.

A) Servicemen's Readjustment
B) Worker Adjustment and Retraining Notification
C) National Labor Relations
D) Selective Training and Service

Question 12

Which of the following terms refers to the system of rules and regulations that labor and management fashion to define their specific employment rights and obligations in the workplace?

A) posturing
B) industrial jurisprudence
C) framing
D) successorship

Question 13

Union officers and committee personnel may be given preferred seniority rights for layoff and recall situations. This is referred to as ________.

A) departmental seniority
B) superseniority
C) plant-wide seniority
D) classification seniority

Question 14

In the case of job bidding, a bid from one classification to another classification in the same pay grade is known as a(n) ________.

A) lateral bid
B) cross-bid
C) down-bid
D) up-bid

Question 15

The implicit contract theory supports the "last-hired, first-fired" rule because, according to this theory, ________.

A) employees increase their productivity with experience
B) collective bargaining produces rules and procedures to ease the tension between the union and the management
C) the career strategy of employers encourages employees to commit themselves to steady productive work
D) employee turnover rate depends on the benefits provided to them such as flexible work scheduling

Question 16

Generally, new employees begin acquiring seniority ________.

A) from the first day after their first promotion
B) from their date of first hire
C) from the first day after receiving their first designation
D) from the first day after completing the probationary period

Question 17

Which of the following statements is true regarding the Worker Adjustment and Retraining Notification (WARN) Act?

A) This Act requires employers to provide 10 days' advance written notice of either a plant closing or a mass layoff once the decision is made by management.
B) This Act requires written notification even when other employees remain working if 50 or more are included in the shutdown.
C) Advance notice of a temporary shutdown decision is not required if mass layoff decisions affect fewer than 100 employees.
D) Most federal, state, and local government organizations are covered by this law.

Question 18

Which of the following acts is more commonly known as the Plant Closing Act?

A) National Labor Relations Act
B) Fair Labor Standards Act
C) Worker Adjustment and Retraining Notification Act
D) Selective Training and Service Act

Question 19

Which of the following terms refers to an arrangement by an employer to have another firm make goods or perform work that could be accomplished by the employer's own bargaining unit employees?

A) posturing
B) pyramiding
C) subcontracting
D) framing

Question 20

A “seniority system” within a company is a set of rules governing the allocation of economic benefits and opportunities on the basis of ________.

A) basic salary
B) age
C) educational qualifications
D) service with one employer

Question 21

The issue of seniority is popular among unions and viewed as critical to job security.

Question 22

Employee teams have an impact on decisions and actions that affect their ________.

A) seniority level
B) workplace conditions
C) salary
D) promotion policies

Question 23

For a committee or group to be considered a "labor organization" at least one of its purposes should be to deal with the employer on the issue of ________.

A) discrimination by race
B) indemnity bonds
C) hours of employment
D) preferential hiring

Question 24

Which of the following is a mandatory subject for collective bargaining?

A) alcohol and drug testing of current employees
B) discrimination by race, religion, or national origin
C) membership of the bargaining team
D) the scope of the bargaining unit

Question 25

Generally, seniority is not awarded to employees until after the probationary period, even though they begin accruing seniority from their date of first hire.

Question 26

Which of the following points must be shown to prove that an employee involvement program is in violation of the Wagner Act?

A) The entity created by the program is not controlled by the employer.
B) The entity created by the program is a labor organization.
C) The entity created by the program includes union members.
D) The entity created by the program consists of management representatives.

Question 27

A committee or group is generally considered a ________ if employees participate in it and at least one purpose is to deal with the employer on issues of grievances, labor disputes, wages, work rules, or hours of employment.

A) labor organization
B) quality circle
C) restricted coalition
D) kaizen group

Question 28

The implementation of seniority systems is required by the federal law.

Question 29

A successor employer is most likely to be obligated to ________.

A) accept the predecessor's collective bargaining agreement
B) hire all existing employees irrespective of their union status
C) arbitrate the grievances filed under the predecessor's collective bargaining agreement
D) set the initial terms of employment only after consulting the union

Question 30

In the case of drug testing, during the collection and testing processes, a "Chain of Custody" form is used to ensure ________.

A) the confidentiality of the test result
B) that the employee who tests positive gets an opportunity to undergo a rehabilitation program
C) that there is no tampering of the samples involved in the testing
D) that the employee who tests positive is reinstated on the job after the completion of the rehabilitation program

Question 31

Which of the following types of drug testing has raised the strongest criticism by unions, largely on the basis of an employee's right to privacy?

A) reasonable suspicion testing
B) random testing
C) post-accident testing
D) preemployment testing

Question 32

If there is a change in either a collective bargaining representative or an employer, parties to an unexpired collective bargaining agreement may not be certain of their status. Which of the following terms is used by the courts to refer to these situations?

A) lockout
B) commitment escalation
C) arbitration
D) successorship

Question 33

Under which of the following circumstances is a successor employer considered to be guilty of an unfair labor practice?

A) The successor employer sells off a large part of the existing business.
B) The successor employer disregards the predecessor's collective bargaining agreement.
C) The successor employer sets the initial terms of employment, such as wages, benefits, and working conditions, without consulting the union.
D) The successor employer refuses to hire existing employees due to their union status.

Question 34

If a genuine change of employer exists but the employing industry remains substantially the same, the successor employer ________.

A) is required to recognize both the existing collective bargaining unit and its representative, and is bound by the agreement
B) is required to recognize the existing collective bargaining unit and its representative, but is not bound by the agreement
C) is not required to recognize the existing collective bargaining unit or its representative, and is not bound by the agreement
D) is required to recognize the existing collective bargaining unit but not its representative, and is bound by the agreement

Question 35

Industrial jurisprudence generally embodies the principle that a single individual or group of top management officials will determine the operation of the organization.

Question 36

Which of the following factors is most likely to be a predictor of the success of a team within an organization?

A) the level of autonomy provided to a team
B) the long-term business strategy of the organization
C) the size of the team
D) the profitability of the organization

Question 37

Strict formal seniority systems are commonplace in virtually all nonunionized organizations, but they are rare among unionized organizations.

Question 38

Which of the following factors must be present for the successorship doctrine to apply to the purchaser of a business employing union members?

A) The successor should substantially continue the business operations of the predecessor.
B) The nature of jobs performed and the means of operation should change significantly after the change of employer.
C) The successor should lay off all the existing employees and hire new employees.
D) The successor should start manufacturing a new product line.

Question 39

The use of employee teams is encouraged when the team offers synergy, which means that ________.

A) decisions made by employee teams are more likely to be implemented than decisions made by individuals
B) the production of the team is greater than the sum of the production possible with individuals
C) the levels of cohesion within smaller teams are greater than the levels of cohesion between employees in a department
D) most of the people making up the team are more interested in the performance of the team than in individual performance

Question 40

The law on successorship provides that if there is a genuine change in the collective bargaining representative, ________.

A) the successor representative can change only that part of the existing collective bargaining contract which deals with wages and hours of employment
B) the successor representative must obtain the approval of the management
C) the existing collective bargaining contract is not binding on the successor representative
D) the successor representative can renegotiate only the permissive bargaining items with management

Question 41

Affirmation Action rights have generally been upheld over seniority rights in cases of layoffs when the two are in conflict.

Question 42

When considering layoffs, a junior employee could be given preference over a senior employee if the senior requires a much greater amount of supervision in performing the job.

Question 43

Generally, departmental seniority is considered for determining layoffs.

Question 44

A procedure commonly used during layoffs, in which employees with greater seniority whose jobs are eliminated displace employees with lesser seniority is known as bumping.

Question 45

In all unionized organizations, promotion decisions are solely based on seniority.

Question 46

Contract clauses dealing with promotion apply only to positions within the bargaining unit.

Question 47

Employees on layoff usually retain and accumulate seniority for a period of time specified within the labor agreement.

Question 48

Most federal, state, and local government organizations are covered by the Plant Closing Act.

Question 49

When the "length of service principle" is used for combining the seniority lists of the merged companies, none of the employees lose their previously earned seniorities.

Question 50

The Plant Closing Act does not require employers to provide advance written notice of either a plant closing or a mass layoff once the decision is made by management.

Question 51

The National Labor Relations Act is more commonly known as the Plant Closing Act.

Question 52

A plant closing is defined as the permanent shutdown of a single site or one or more operating units that causes an employment loss of 30 days or more for 50 or more employees, excluding part-time workers.

Question 53

An employee is not entitled to a job assignment as a reasonable accommodation of his or her disability under the Americans with Disabilities Act (ADA) if the assignment would conflict with the rules of a seniority system.

Question 54

In general, the burden of proof is placed on the employer to show that a bypassed senior employee is not competent for the job during promotions or layoff or recall actions.

Question 55

A seniority list is a company list used to identify employees in a bargaining unit according to their length of continuous employment.

Question 56

Departmental seniority is often used to determine eligibility for a promotion or a transfer.

Question 57

In unionized organizations, agreements specify age as the sole decision criterion in layoff and recall situations.

Question 58

In labor contracts, the highest-paid employees are laid off first, with further layoffs made in accordance with performance levels as necessary.

Question 59

Although it is generally agreed that management has the right to determine how ability is to be measured in cases involving promotion or layoff and recall decisions, there is no federal law or agreed-on formula to specify exactly how such decisions should be made.

Question 60

Virtually all contracts provide that employees lose seniority if they voluntarily quit or are discharged.

Question 61

The NLRA does not allow for a breach of an existing collective bargaining agreement due to financial hardship.

Question 62

The law on successorship provides that if there is a genuine change in the collective bargaining representative, the existing collective bargaining contract is not binding on the successor representative.

Question 63

As per the "follow the work principle" of combining the seniority lists of the merged companies, all the employees of the acquiring company receive greater seniority consideration than any employee of the acquired company.

Question 64

An employee committee with delegated managerial authority can take on the union's role to "deal with" management.

Question 65

The new employer has the right to disregard the predecessor's collective bargaining agreement.