3:4 Organization: Employee and Labor Relations Quiz

Which is a core labor standard of the International Labour Organization? Workers' right to strike Age limits for hazardous work Guaranteed address of worker grievances Prohibition of forced military service

Age limits for hazardous work One of the eight core International Labour Organization standards prohibits hiring children too young to have completed compulsory schooling and employing those under 18 in hazardous work.

Which recommendation would you make to a new HR practitioner concerning investigating workplace complaints? Always include the employee's direct report in meetings. Avoid documenting discussions that could create legal liability. Become familiar with the requirements of labor contracts and local laws. Use a team of interviewers for greater credibility and impact.

Become familiar with the requirements of labor contracts and local laws. Labor contracts can stipulate employee rights during an investigation, as can local laws. Investigators must be familiar with these obligations.

How do the International Labour Organization's legally binding conventions impact the practice of HR? By providing specific guidance on the creation of a code of conduct By confirming the extraterritorial application of country-specific laws By influencing standards that create employment legislation in member states By providing a policy framework to help businesses meet sustainable labor goals

By influencing standards that create employment legislation in member states Once a country ratifies an ILO convention, it is obligated to abide by the convention immediately, without reservations. The ILO has a supervisory system to hold countries accountable and offers technical assistance to member countries. A ratified ILO convention becomes law (including employment and human rights- based law) in the member countries/states, therefore influencing country-specific law and thus HR adherence to employment-related law.

How can HR help prevent its organization from committing an unfair labor practice? By providing guidance on selective enforcement of contract provisions By engaging in a union avoidance strategy By preventing the organization from firing workers involved in wildcat strikes By training management on allowed speech

By training management on allowed speech Training management on allowed speech may help to prevent a manager or supervisor from interfering with legal union activity.

A workplace survey reflects dissatisfaction with an organization's current mediation process since too many problems seem to be unresolved. Which approach will create more accountability and closure to the complaint process? Peer review Open-door policy Chosen officer Ombudsperson

Chosen officer A chosen officer alternative dispute resolution (ADR) system allows employees to select an arbiter from a list of managers/officers. This provides a greater sense of empowerment and control over the situation.

Which action can be taken by HR to help prevent industrial actions? Negotiating a provision in contracts against sympathy strikes Communicating the perspective of employees to management Eliminating the peer panel program for dispute resolution Hiring outside counsel for handling grievances

Communicating the perspective of employees to management HR can help managers and supervisors understand how employees might view the employer's behavior. HR can also educate management about what honoring the contract requires and how to avoid behavior that may be perceived as bullying.

Which policy ideally gives employees an opportunity to understand expectations and change their behaviors? Unbiased investigations Conflict resolution Anti-retaliation policy Constructive discipline

Constructive discipline Constructive discipline gives employees an opportunity to understand expectations and change behavior. This demonstrates organizational support of performance improvement.

An employee has a small online business selling a sauce made from the employer's copyrighted recipe. The company handbook forbids any employee from disclosing the employer's proprietary information. What can the employer do? Demand the employee cease the activity and terminate employment. Ignore the activity because its very small scale makes a legal response impractical. Do nothing because the employee is covered by a collective bargaining agreement. Request that the employee credit the company's original recipe.

Demand the employee cease the activity and terminate employment. The employer has the right to demand that the employee cease the activity because it violates the employer's intellectual property rights. Because this is stated in the handbook, the employee could be subject to termination.

What advice would you give an HR colleague facing an employee grievance in a unionized environment? Try to exclude the union representative from all meetings. Document all grievance meetings and take notes. Agree to change some work rules to settle the grievance. Immediately escalate the matter to the vice president of HR.

Document all grievance meetings and take notes. The best advice is to document all meetings related to the grievance, since individual grievances can become the grounds for union reactions.

Which is a characteristic of alternative dispute resolution (ADR)? Does not preclude litigation Requires an external third party Results in disciplinary action Exclusive to union environments

Does not preclude litigation ADR does not prevent disputes from leading to litigation or arbitration, but it can result in fewer cases going to trial. It is generally used in union-free organizations.

An employer with a unionized workplace wants to offer employees gift cards for reporting on a recent union meeting. How should HR advise the employer? You don't need to. You have a right to ask the union. Don't. This would be an unfair labor practice. Try to get the information without using an incentive. Go ahead, as long as the reward is not cash.

Don't. This would be an unfair labor practice. According to the National Labor Relations Act, promising or giving benefits to employees who oppose a union (e.g., rewarding employees who infiltrate or spy on union meetings or question other workers about their support for a union) is an unfair labor practice. The nature of the reward is irrelevant. The act of spying itself could be seen as intimidation and therefore a ULP. The union is not obliged to share this type of information with employers.

Employment contracts are seen as an exception to what employment principle? Employment at-will Constructive discipline Work specialization Work councils

Employment at-will Employment contracts are an exception to employment at-will.

Which is an advantage of using a chosen officer in alternative dispute resolution (ADR)? Providing quicker results Empowering employees Reducing expenses Ensuring an objective perspective

Empowering employees In a chosen officer ADR system, the employee selects an individual from a list of individuals within (not outside) the organization. Having a choice provides some sense of empowerment.

Which is an appropriate action for HR during an investigation into charges of discriminatory employment practices? Involve local law enforcement. Provide the accused party with legal representation. Conduct an HR audit. Ensure confidentiality as much as possible.

Ensure confidentiality as much as possible. Initially supporting a timely investigation and then ensuring confidentiality as much as possible is the best course of action for HR.

Which best demonstrates due process in disciplining an employee for a dischargeable offense? Including a union representative in all meetings Incorporating peer review in the progressive disciplinary system Reviewing discipline cases for dischargeable offenses that are legally justified Ensuring that the employee is afforded an opportunity to present a defense

Ensuring that the employee is afforded an opportunity to present a defense Due process is a principle that ensures that employees are informed of expectations and the consequences of failure to meet those expectations, are treated fairly and factually, and are allowed an opportunity to defend themselves and appeal the decision.

According to international labor standards, which offering is most fundamental to the employment relationship? Breaks Flextime Fair wages Telework

Fair wages Fair wages, labor rights, a living wage, and a standard workday are all fundamental in international labor law standards. Telework, flextime, and a one-hour lunch break are all incentives and optional based on an organization's practices.

Which is considered a good practice for handling grievances? Settle grievances on the basis of what is fair. Trade a grievance settlement for a grievance withdrawal. Hold grievance discussions privately with all parties. Agree to informal amendments in the contract.

Hold grievance discussions privately with all parties. Ensuring the confidentiality of grievance discussions is in the best interest of all parties involved.

Which generally describes governments' involvement in unions? It increases conflict and confrontation. It reduces conflict and confrontation. It is prohibited by the International Labour Organization. It varies from country to country.

It varies from country to country. Involvement on the part of national governments varies. Some governments are active in legislating minimum wages, hours, and working conditions. Others help mediate labor disputes, while others take a hands-off approach. The International Labour Organization does not prevent government involvement in unions. There is no evidence that government involvement in unions reduces or increases conflict.

A union has been accused of an unfair labor practice (ULP). What body has the authority to listen to the ULP charge? Labor union Labor board Labor association Labor council

Labor board ULPs are generally heard by labor boards, commissions, or tribunals. It would be unreasonable to allow a labor union to investigate its own alleged ULP. Unless stated in the collective bargaining agreement, a labor association would have no authority to act if a ULP is found to have occurred. A labor council serves in an advisory role and would have no authority to act if the alleged ULP was indeed committed.

A front-line manager at a company hears that employees are considering forming a union. Which action should HR advise the company to take? Wait until employees have decided to form a union to take action. Ask a few employees to keep managers aware of related activities. Meet with employees to understand and address reasons for forming a union. Announce that unionization will not be tolerated and disciplinary action will be taken.

Meet with employees to understand and address reasons for forming a union. Meeting with employees creates a more collaborative relationship between the employees and management, leading to mutually beneficial communication and resolutions to concerns. Both punishment for union activity and spying on employees and their activities are prohibited in many jurisdictions. Doing nothing costs the company time that can be used to proactively address and possibly resolve concerns in a collaborative manner.

A graphic designer is leaving a technology consulting firm after five years. Can the designer use copyrighted materials to launch a start-up company? Yes, the work belongs to the graphic designer. Maybe. Mediation is needed to determine ownership. No, the work is the property of the employer. Yes, the firm and the designer share ownership of the work.

No, the work is the property of the employer. The work is the property of the employer. Copyrighted or patented material is the employer's intellectual property. The graphic designer doesn't own the work, and the employer and the graphic designer don't share ownership of the work. No mediation is required.

A company has established an internal procedure to improve communication between workers and management. According to company policy, managers are available to meet with any employee who wishes to discuss an issue. What form of dispute resolution is being used? Ombudsperson Work rule Open-door policy Suggestion system

Open-door policy An open-door policy provides employees with access to any manager or supervisor, including the CEO, and creates no repercussions for employees. It can open the lines of communication within an organization.

What is a broad statement that reflects an organization's philosophy, objectives, or standards? Policy Business case Mission statement Contract

Policy A policy is a broad statement that reflects an organization's philosophy, objectives, or standards concerning a particular set of management or employment activities.

Which action would be considered an unfair labor practice (ULP)? Terminating an employee for just cause Refusing to bargain with a legally recognized union Filing charges against the union for coercing employees Conducting scheduled performance appraisals during negotiations

Refusing to bargain with a legally recognized union In general, a ULP is a violation by an employer or a union of a country's labor laws. Refusal to bargain with a legally recognized union or to provide information necessary for negotiations is an example of the type of action considered a ULP. The other actions listed are within an employer's rights.

Who are the members of a works council? Union representatives and management Government regulators and worker representatives Representatives of workers and management Upper-level management

Representatives of workers and management Works councils are composed of workers and management representatives. Their purpose is to promote communication between management and employees on issues that affect workers' interests.

What is a best practice as it relates to an organization's employee handbook? Focusing on detailed job-related procedures and rules written in unambiguous language Ensuring that the handbook is in compliance with the home country's employment law Posting the handbook on the organization's website, with periodic updates as needed Reviewing the handbook to ensure that expectations are realistic and enforceable

Reviewing the handbook to ensure that expectations are realistic and enforceable The handbook should be reviewed to ensure that expectations are realistic and can be reasonably complied with. Consistent enforcement can be challenged by unrealistic expectations.

Which alternative dispute resolution (ADR) option allows an organization to determine who will resolve disputes? Peer review Ombudsperson Chosen officer Single designated officer

Single designated officer An organization using the single designated officer approach to ADR designates and empowers a specific individual within the organization to investigate and resolve disputes.

Under the system of codetermination, whose approval is required by management prior to implementing strategic plans? Labor ministry Trade unions Grievance committee Supervisory board

Supervisory board Under codetermination, a firm's supervisory board must approve management decisions before they can be implemented. The supervisory board includes workers, who can comprise as many as half of the supervisory board members.

What characterizes the statutory obligations of a company operating under the principle of codetermination? The company may reject a works council if worker representation is inadequate. The company and the works council share sharing decision making, accountability, and legal liability. The company must inform the works council and include it in decision making. The company must inform the works council but may make decisions without its input.

The company must inform the works council and include it in decision making. Codetermination means that a firm is obligated to inform a works council and to include it, in some degree, in the firm's decision making.

A technician in a diagnostic lab has filed a complaint with HR accusing a supervisor of selectively enforcing policies. Which action would constitute workplace retaliation? The supervisor reassigns the technician from bench work to physically difficult duties. The technician physically attacks the supervisor and is discharged. The supervisor conducts a previously scheduled performance review. The technician is required to attend a dispute resolution meeting with the supervisor.

The supervisor reassigns the technician from bench work to physically difficult duties. Workplace retaliation occurs when an employer, an employer's agent, or a labor union commits an action that is harmful to an employee, usually after the employee has made a complaint but perhaps because an employee has given evidence to support a complaint. In this case, reassigning the employee to less desirable duties could be considered retaliation.

An employee refuses to follow a supervisor's job instructions. The supervisor discharges the employee on the spot for insubordination. Which best describes the handling of this case? This was an appropriate manager action. There was sufficient evidence for dismissal. There was insufficient due process. No further investigation is needed.

There was insufficient due process. The termination was conducted in a hasty manner, and more deliberation would have reduced legal risk. Rather than a summary discharge, the supervisor's initial reaction should have been to schedule a meeting with HR and the employee to discuss the event. On the positive side, the employee was told the reason, it was documented in the file, and HR acted promptly. However, HR's investigation was not thorough and seems as hasty as the supervisor's action.

The HR director of a hotel learns that union employees in the housekeeping department are planning a strike for the following week. Which strategy might the HR director recommend to the hotel management team in anticipation of the labor action? Train managers on housekeeping duties so they can perform the work in the housekeepers' absence. Advise employees that if they strike the employer will decline to collectively bargain going forward. Begin recruiting for new housekeepers to permanently replace those who decide to strike. Offer incentive bonuses to employees in exchange for their agreement not to strike.

Train managers on housekeeping duties so they can perform the work in the housekeepers' absence. Training managers on housekeeping duties is within an employer's rights during a strike. Offering incentive bonuses would be considered coercion, which is an unfair labor practice. Recruiting for new housekeepers suggests that the employer plans to take adverse action against those who strike. Employers may not advise employees that they will decline to collectively bargain if employees strike; employers are instead required to bargain in good faith.

What recommendation should HR suggest once a union acceptance strategy is agreed to by senior leaders? Training management in collaboration and conflict strategies Increasing transparency surrounding management decisions Committing to never using replacement workers Including union representatives in strategy sessions

Training management in collaboration and conflict strategies Once it accepts the presence of unions, management must decide if the relationship will be confrontational or cooperative. Training in these areas will be needed to prepare managers. Accepting a union does not necessitate strategic collaboration or complete transparency about all management decisions.

What is a distinguishing characteristic of peer review dispute resolution programs? Power to change organizational policies Use of third-party negotiators Employee's ability to select panel members Use of trained employee panels

Use of trained employee panels Peer review panels are trained panels of employees (or employees and managers) that hear and resolve employee complaints.

What is an unfair labor practice? Violation of international organizations' statements of worker rights Violation of a labor law by an employer or a union Employer practice in conflict with local business and cultural practices Action by an employer or employee in violation of a contract provision

Violation of a labor law by an employer or a union An unfair labor practice is a violation of a country's labor laws. These laws may be rooted in international treaties on worker rights, but they are country-specific. They can pertain to both employers and employees. They are based in legal statutes, not cultural practices, although cultural practices often influence local laws.