Question 1

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

Accepted Answer

A grievance procedure would not include a requirement to notify the NLRB.
Key Takeaway: Initiating a formal complaint, escalating the complaint internally, and participating in binding arbitration are all common steps in many grievance processes.

Question 2

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

Accepted Answer

Captive audience meetings involve employees, but such meetings are held in response to efforts to organize and are not considered to be a true employee involvement strategy.
Key Takeaway: Each of the other options represents employee involvement strategies. There are a variety of employee involvement strategies an organization can implement. Employee surveys, focus groups, employee participation groups, open door policy, suggestion programs, and management by walking around are all examples organizations can use to actively and meaningfully involve employees.

Question 3

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.

Accepted Answer

A ULP is called when a union alleges that an employer has committed a ULP, but this does not mean that an employer has committed a ULP.
Key Takeaway: Options A, B, and D are all correct statements about ULP strikes, therefore the answer must be C.

Question 4

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.

Accepted Answer

A jurisdictional strike is one through which a union seeks to pressure an employer to assign particular work to its members, rather than to member of other unions or to non-union workers.
Key Takeaway: Option A refers to a sympathy strike where employees choose not to cross a picket line out of support for striking workers. A strike which occurs even though the collective bargaining agreement contains a no-strike clause is a wildcat strike (option C). A strike used by a union to pressure an employer to grant some sort of concession from the employer during collective bargaining negotiations is an economic strike.

Question 5

The AFL-CIO is an example of a
A)National union
B)Local union
C)Federation
D)International labor organization

Accepted Answer

The AFL-CIO is an example of a federation, which is a group of national unions.
Key Takeaway: AFL-CIO stands for the American Federation of Labor/Congress of Industrial Organization. The AFL-CIO was the voice of labor in America until the summer of 2005 when four major national unions (Service Employees International Union, International Brotherhood of Teamsters, Unite Here, and United Food and Commercial Workers) left the federation. Options A and B cannot be correct as AFL-CIO is a group of national unions. In addition, AFL-CIO is not an international labor organization.

Question 6

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.

Accepted Answer

One of the two omissions that the Wagner Act sought to address was the identification of behaviors and practices that would be considered ULPs on the part of unions.
Key Takeaway: The Wagner Act did identify behaviors and practices considered as ULPs on the part of the employer, and was seen as being too pro-union since it does not address what would be considered ULPs by unions.

Question 7

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.

Accepted Answer

In Circuit City Stores, Inc. v. Adams (2001), the court ruled that requiring employees to sign mandatory arbitration agreements as a condition of employment is legal, and that such agreements are enforceable under the Federal Arbitration Act.
Key Takeaway: NLRB v. Phoenix Mutual Life Insurance Co., confirmed that union and non-union employees enjoy associational rights afforded under the NLRA. Less than 10 months after the Circuit City case, the court ruled in EEOC v. Waffle House, Inc. that while the existence of a signed mandatory arbitration agreement precluded the employee from being allowed to file a private lawsuit, the EEOC could file a suit on behalf of said employee. NLRB v. Henry Colder Co. was a case in which an employer was found to have committed an unfair labor practice by interfering with protected concerted activities.

Question 8

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

Accepted Answer

An employer who makes a hot cargo agreement has agreed to stop doing business with another entity, thus helping to protect union work.
Key Takeaway: Option C is not the best response because an employer who makes a hot cargo agreement has committed a ULP.

Question 9

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

Accepted Answer

Taft-Hartley was more specific in that it identified striking or picketing a health care establishment (not just any employer) without giving the required notice as a ULP that could be committed by a union.
Key Takeaway: Taft-Hartley did identify picketing for recognition for more than 20 days without petitioning for an election as a ULP, which could be committed by a union. It also identified refusing to bargain with the employer of the employees it represents as ULP that could be committed by a union. Taft-Hartley did identify causing an employer to discriminate against an employee as a ULP that could be committed by a union.

Question 10

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

Accepted Answer

Double breasting occurs 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.
Key Takeaway: Featherbedding occurs when an employer agrees to pay wages to union member whether or not their work is needed. Yellow dogging does not exist as an expression, but a yellow dog contract is one in which an employer agrees to give the employee a job, as long as the employee agrees not to join or have any involvement with a labor union. There is no expression known as single roofing in labor relations.

Question 11

Generally speaking, what should be the first step in an effective progressive disciplinary process?
A)Verbal warning
B)Coaching
C)Ensuring consistency
D)Counseling

Accepted Answer

Coaching, or discussing the problem, is the most appropriate first step to initially address a performance or employee issue.
Key Takeaway: The next step in the progressive disciplinary process would be a verbal warning. Counseling more resembles a verbal warning so would not be the first step. Ensuring consistency is not the best option, as you need to specifically address any performance issues you have with employees.

Question 12

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

Accepted Answer

There is no such recognized activity as surface organizing, instead it is surface bargaining.
Key Takeaway: Surface bargaining refers to going through the motions of bargaining, with no real intent of ultimately reaching agreement. Inside organizing is an activity through which pro-union individuals can seek to influence others at the workplace and is allowed unless there is a valid no-solicitation rule in effect at the time. Salting is the process wherein a salt (a union organizer) seeks employment with the organization with the express purpose of organizing and campaigning within the organization. Unions may engage in organizational picketing, which is designed to generate interest on the part of employees to vote for union representation.

Question 13

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.

Accepted Answer

A focus group is both an employee involvement tool and communication tool.
Key Takeaway: Focus groups consist of a representative sample of employees, and they need to include enough participants to ensure a dynamic discussion. Focus groups are also led by a neutral facilitator whose role is to elicit feedback and input on a specific topic.

Question 14

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

Accepted Answer

Yes, Serenity Now, Inc. is liable in these circumstances.
Key Takeaway: In such a case as this, Serenity Now, Inc. is liable because they should have adequately researched the background of the employee. Failing to do so is considered to be negligent hiring. Negligent hiring refers to the hiring of an employee who the employer knew or should have known to pose an unreasonable threat to other employees at the work place. Negligent retention happens when an employee is retained despite having committed misconduct both during and after office hours.

Question 15

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.

Accepted Answer

In this situation, when Dominick invokes his Weingarten rights, the supervisor should stop asking questions and determine what happened to the supplies based upon other hard evidence.
Key Takeaway: The 1975 court case of the National Labor Relations Board v. J. Weingarten, Inc. upheld that employees always have a right to have union representation at investigatory reviews. The main rules involved in an employee's "Weingarten Rights" are: the employee must request union representation either before or during the interview and may not be penalized for doing so; the employer must either grant the request, deny and end the interview, or give the employee the choice; and last, if the employer denies the employee's request and continues the line of questioning, it is considered an unfair labor practice and the employee does not have to answer questions.

Question 16

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

Accepted Answer

According to the WARN act, an employer with 200 or more employees is required to provide at least 60 days' notice for a mass layoff if the company lays off at least 5 employees a week for 3 months.
Key Takeaway: The WARN Act (also known as the Worker Adjustment and Retraining Notification Act) is a labor law that protects employees and their families by requiring that most employers with more than 100 employees must provide at least 60 days' notice of plant closings and/or mass layoffs. Employees who are eligible for protection under the WARN Act are hourly wage workers, salaried workers, managers, and supervisors.

Question 17

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

Accepted Answer

During the union organizing process, the bargaining unit is determined by the National Labor Relations Board.
Key Takeaway: The National Labor Relations Board (also shortened to NLRB) is a government agency that is responsible for conducting elections for union representation and also with investigating possible unfair labor practices. The NLRB is run by a board and a General Counsel, who are elected by the President.

Question 18

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

Accepted Answer

A lockout occurs when an employer shuts down the workplace entrances, keeping employees from working.
Key Takeaway: A lockout refers to a work stoppage during which an employer will physically prevent employees from working. Although employers may sometimes impose a lockdown in protest against slowdowns, typically they are due to issues with unions and negotiations.

Question 19

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.

Accepted Answer

The ally doctrine basically states that a union may expand its picketing activities to include any employers who are considered to be allies of the primary employer.
Key Takeaway: The ally doctrine is brought into play during an employee strike. While an employer's workers are on strike and that employer contacts a neutral employer in order to get help with the work that those workers would normally provide, that neutral employer becomes an "ally" of the employer that is experiencing the strike. Because of this, the neutral employer is considered to be a legitimate target of the picket line if the union decides to expand picketing activities.

Question 20

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%

Accepted Answer

In the case of a decertification election, 30% of employees must sign a petition asking for a vote.
Key Takeaway: If an employee so chooses, they can petition the NLRB to decertify the union. In this case, the employee would have to provide evidence that at least 30% of the union supports the decertification. This event can also occur if a given employer gains evidence that the union no longer has the support of a majority of the bargaining unit.

Quiz 3: Relations

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

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

Which of the following statements about ULP strikes is untrue?

Which of the following occurs during a jurisdictional strike?

The AFL-CIO is an example of a

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?

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

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

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

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

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

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

Which of the following statements about focus groups is untrue?

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?

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?

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?

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

When does a lockout occur?

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?

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