Deck 3: Relations

Question 1

Which of the following statements about the Norris-LaGuardia Act of 1932 is true?

A)It guaranteed the employer's right to issue injunctions against union activities.
B)It prevented union members from participating in strikes, picketing, and boycotting.
C)It prohibited yellow-dog contracts that prevented employees from joining unions.
D)It required employers to bargain in good faith with employees.

Answer 1

It prohibited yellow-dog contracts that prevented employees from joining unions.

Question 2

The term "closed shop" refers to a(n)

A)Employer who refuses to hire employees who are union members.
B)Employer who requires employees to be union members at the time of hiring.
C)Union that limits the number of employees who may join the union.
D)Employer who establishes company-sponsored unions.

Answer 2

Employer who requires employees to be union members at the time of hiring.

Question 3

After three months on the job, an employee is fired without cause. This situation is an example of:

A)The disregard of reference checking by the employer
B)Defamation
C)The violation of an implied contract
D)The common law concept of employment-at-will

Answer 3

The common law concept of employment-at-will

Question 4

In deciding between two job offers, an individual decides to accept the lower salary offer because the interviewer stated that the organization would pay for graduate school. After six months on the job, the employee's request for tuition reimbursement is denied. Which common-law tort would apply if the employee chooses to file suit?

A)Invasion of privacy
B)Negligence
C)Fraudulent misrepresentation
D)Implied covenant

Question 5

A ten-year employee with a company was assured by the supervisor that the employee would always have a job. Three months later, the employee was called to jury duty and assigned to a trial that lasted six months. The employer hired someone to take over the job and was then unable to find the employee a suitable position after the trial. This situation may violate all of the following exceptions to the doctrine of employment-at-will except

A)Express oral contract
B)Public policy
C)Implied covenant of good faith and fair dealing
D)Negligence

Question 6

In order for a bargaining unit to be established, which of the following has to happen during the election?

A)A simple majority of the voters must cast a vote in favor of the proposed bargaining unit.
B)A simple majority of the individuals who would be members of the proposed bargaining unit must cast a vote in favor of the proposed bargaining unit.
C)When there is more than one bargaining unit competing in the election, a proposed bargaining unit must obtain more votes than other bargaining units obtain.
D)At least 30% of the voters must cast a vote in favor of the bargaining unit.

Question 7

A supervisor has called an employee in for an interview about an inventory shortage. When the supervisor begins asking questions, the employee invokes his Weingarten rights. The supervisor has the option to do which of the following?

A)Stop the discussion while the employee calls an attorney.
B)Stop the discussion until the shop steward is available upon return from vacation in four days.
C)Discontinue the interview, and make the determination based on other evidence and documentation.
D)Continue the interview while waiting for a co-worker to return from lunch.

Question 8

An employee has resigned and during the exit interview tells HR that the reason for the resignation is that for the last three months the supervisor has been hostile, refused to provide instructions on work assignments, given the employee all of the most unpleasant tasks and verbally reprimanded the employee in front of co-workers and customers. The employee may have a cause of legal action based on which of the following?

A)The employer's duty of good faith and fair dealing
B)Constructive discharge
C)Promissory estoppel
D)Fraudulent misrepresentation

Question 9

During a unionizing campaign, management may do which of the following in response to union allegations?

A)Point out the consequences of unionization based on past facts.
B)Encourage nonunion employees to talk about the reasons they don't want the union.
C)Tell employees the company will have to move the jobs to another country if the union is elected.
D)Ask employees what the union is saying about the company.

Question 10

As a result of the Sturgis case, which of the following is true?

A)Temporary employees may form a union but bargain only with the temp agency.
B)The temporary agency must agree to bargain with a client company's union.
C)Temporary employees who work side by side with regular employees may be part of the bargaining unit.
D)Temporary employees may not be unionized.

Question 11

If employees no longer want the union to represent them, they may petition the NLRB for which of the following?

A)Decertification
B)Deauthorization
C)Contract bar
D)Statutory bar

Question 12

A union security clause which requires all employees to join the union after they are hired is called what?

A)An agency shop clause
B)A union shop clause
C)A closed shop clause
D)A maintenance of membership clause

Question 13

When does double breasting occur?

A)An employer has two companies that are substantially identical.
B)A neutral employer performs work that is normally done by striking employees.
C)An employer has two businesses, one union and one nonunion, that do substantially the same work but have different management, equipment and customers.
D)Two businesses perform operations that are part of the same product.

Question 14

Which of the following describes salting?

A)The union hires an individual to publicize its reasons for targeting an employer for unionization.
B)The union hires an individual to distribute leaflets to employees as they are leaving work at the end of the day.
C)The union hires an individual to picket the employer's business.
D)The union hires an individual to apply for a job with an employer and begin to organize the company.

Question 15

All of the following represent measures that could be helpful in measuring the effectiveness of employee relations initiatives except

A)Turnover
B)Absenteeism
C)Unionization
D)Work related accidents/injuries/"preventable" illnesses

Question 16

FEPAs are

A)State or local agencies that provide employers and unions with a list of qualified arbitrators
B)State or local agencies that have anti-discrimination laws and agencies responsible for enforcing those laws
C)State or local agencies that are responsible for administering and enforcing the rights established by the NLRA
D)State or local agencies responsible for approving the recognition of union federations

Question 17

The NLRA identified all of the following as unfair labor practices for employers to commit except:

A)To dominate or interfere with the formation or administration of a labor organization
B)To discriminate against employees for engaging in concerted or union activities or refraining from them
C)To discriminate against an employee for filing charges with the FMCS or taking part in any FMCS proceedings
D)To refuse to bargain with the union that is the lawful representative of its employees

Question 18

Which of the following terms has the same meaning as "charging party?"

A)Complainant
B)Plaintiff
C)Respondent
D)Defendant

Question 19

All of the following are important steps to take to ensure the success of a focus group except

A)Develop effective questions
B)Involve/include all stakeholders
C)Arrange the logistics
D)Conduct the survey

Question 20

"Featherbedding" refers to

A)A requirement that anyone who is hired by the organization must join the union
B)An agreement that requires the employer to pay wages to union members whether or not their work is needed
C)A requirement to pay "prevailing wages" on federal government construction contracts and most contracts for federally assisted construction over $2,000
D)An agreement that an employer will stop doing business with another entity (typically a non-union entity)

Question 21

Many, though not all, agreements outline a grievance procedure that includes all of the following steps except

A)Initiating a formal complaint
B)Notifying the NLRB of the complaint
C)Escalating the complaint internally
D)Participating in binding arbitration

Question 22

Which of the following would not be considered an employee involvement strategy?

A)Open door policy
B)Progressive discipline
C)Suggestion programs
D)Captive audience meetings

Question 23

Which of the following statements about ULP strikes is untrue?

A)ULP strikes are called during contract negotiations.
B)Striking workers must be returned to their original positions after the strike is over.
C)ULP strikes are called when the employer has committed an unfair labor practice.
D)Employers cannot hire permanent strike replacements during a ULP strike.

Question 24

Which of the following occurs during a jurisdictional strike?

A)Employees who are not directly involved in an economic dispute choose not to cross a picket line out of support for striking workers.
B)A union seeks to pressure an employer to assign particular work to its members, rather than to members of other unions or to non-union workers.
C)The strike occurs even though the collective bargaining agreement contains a no-strike clause prohibiting striking during the duration of the agreement.
D)A union seeks to pressure an employer to grant some sort of concession from the employer during collective bargaining negotiations.

Question 25

The AFL-CIO is an example of a

A)National union
B)Local union
C)Federation
D)International labor organization

Question 26

The Labor Management Relations Act (LMRA), also known as the Taft-Harley Act, was an amendment designed to remedy what the Republican Congress saw as two major omissions in the Wagner Act. Which of the following was one of those omissions?

A)The identification of behaviors and practices that would be considered ULPs on the part of employer.
B)The identification of behaviors and practices that would be considered ULPs on the part of unions.
C)The identification of behaviors and practices that would be considered ULPs on the part of employees.
D)The identification of behaviors and practices that would be considered ULPs on the part of managers.

Question 27

The landmark Supreme Court case that confirmed the legality of mandatory arbitration agreements was

A)NLRB v. Phoenix Mutual Life Insurance Co.
B)EEOC v. Waffle House, Inc.
C)Circuit City Stores, Inc. v. Adams
D)NLRB v. Henry Colder Co.

Question 28

An employer who makes a hot cargo agreement has done all of the following except

A)Agreed to stop doing business with another entity
B)Refused to stop doing business with another entity
C)Committed a ULP
D)Helped the union

Question 29

Taft-Hartley identified all of the following as unfair labor practices that could be committed by unions, except

A)Striking or picketing an employer without giving the required notice
B)Picketing for recognition for more than 30 days without petitioning for an election
C)Causing an employer to discriminate against an employee
D)Refusing to bargain with the employer of the employees it represents

Question 30

When a company that owns or operates union as well as non-union operations shifts work to the non-union operation in an effort to diminish the impact of the strike, this is referred to as

A)Featherbedding
B)Double breasting
C)Yellow dogging
D)Single roofing

Question 31

Generally speaking, what should be the first step in an effective progressive disciplinary process?

A)Verbal warning
B)Coaching
C)Ensuring consistency
D)Counseling

Question 32

During an organizing campaign, unions are permitted to engage in all of the following activities except

A)Inside organizing
B)Salting
C)Surface organizing
D)Organizational picketing

Question 33

Which of the following statements about focus groups is untrue?

A)A focus group is more of a communication tool than an involvement tool.
B)Focus groups consist of a representative sample of employees.
C)Focus groups need to include enough people to generate a dynamic and synergistic discussion.
D)Focus groups are led by a neutral facilitator.

Question 34

Unknowingly, Serenity Now, Inc. recently hired an employee who has a past criminal record for violent actions. Since the hire, the employee assaulted a fellow colleague after they had a minor disagreement. Is Serenity Now, Inc. liable?

A)Yes
B)No

Question 35

Dominick, a warehouse employee, gets called into his supervisor's office for a discussion about an inventory shortage in the warehouse. After the supervisor's first question, Dominick invokes his Weingarten rights. What is the supervisor's next step?

A)Arrest Dominick
B)Wait for Dominick's attorney to arrive
C)Continue asking Dominick questions
D)Stop asking questions and determine what happened to the supplies based upon other hard evidence.

Question 36

When is an employer with 200 or more employees required to provide at least 60 days' notice for a mass layoff, according to the WARN Act?

A)If the company lays off at least 5 employees a week for 3 months.
B)A fire hits the plant and the company is forced to lay off employees until repairs are done
C)The company is looking for more investors, but will be forced to lay off 50 people if more money does not come in
D)The company hires a new CEO, who insists on restructuring the sales department

Question 37

How is the bargaining unit determined during the union organizing process?

A)By the president of the union
B)By the National Labor Relations Board
C)By the president of the union and the head of Human Resources
D)By the members of the union

Question 38

When does a lockout occur?

A)When the union shuts down the workplace
B)When the employer refuse to allow the union to unionize the premises
C)When employees refuse to work
D)When the employer shuts down the workplace entrances, keeping employees from working

Question 39

As a human resources professional, you should be familiar with the key practices, rules, and terminology regarding union-based strikes. What is the ally doctrine?

A)A union for one organization may "ally" with a union from another organization and join them on the picket line.
B)Members of a union may force their friends and family to serve as union allies and to join the picket line.
C)Members of a union are exempt from any misconduct upon non-allies to the union who cross the picket line to go to work.
D)A union may expand its picketing activities to include any employers who are considered allies of the primary employer.

Question 40

In the case of a decertification election, what percentage of employees must sign a petition asking for a vote?

A)50%
B)25%
C)30%
D)10%

Question 41

What term describes the illegal agreement between management and a potential employee to offer the potential employee a job as long as they agree not to join a union?

A)Non-union agreement
B)Double-breasted agreement
C)Scab contract
D)Yellow dog contract

Question 42

Which of the following federal laws prohibits featherbedding?

A)The Norris-LaGuardia Act
B)The Taft-Hartley Act
C)Title VII
D)The Wagner Act

Question 43

Which of the following terms refers to a situation in which a business owner operates both a union organization and a non-union organization?

A)Double-breasting
B)Double jeopardy
C)Back-door contract
D)Underhanded contract

Question 44

Sometimes, an employee might choose to no longer have the union represent them. If this is the case, what must the employee petition the NLRB for?

A)Deauthorization
B)Decertification
C)A voluntary-recognition bar
D)A blocking-charge bar