Employee Relations Q's
Wagner Act (aka National Labor Relations Act)
1935; established National Labor Relations Board; protected the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands.
Saigon Gourmet Restaurant vs Vision Payroll
A court case to note regarding "protected concerted activity"
Outsourcing
A decision by a corporation to turn over much of the responsibility for production to independent suppliers.
Labor-Management Reporting and Disclosure Act
A federal law enacted in 1959 that established a system of reporting and checks intended to uncover and prevent fraud and corruption among union officials by regulating internal operating procedures and union matters. Also known as Landrum-Griffin Act.
Labor Management Relations Act
A federal law, enacted in 1947 as an amendment to the NLRA, that prohibits requiring employees to join or continue membership in a union as a condition of employment. Also known as Taft-Hartley Act.
A procedure that provides clear guidance for supervisors and employees to systematically and fairly resolve complaints is known as which of the following?
A grievance process Includes timelines, what is eligible, and the decision making process involved
union avoidance strategy
A labor relations strategy in which management tries to prevent its employees from joining a union, either by removing the incentive to unionize or by using hardball tactics
In a unionized workplace, if a grievance is filed during open labor negotiations, what key best steps should HR take?
Acknowledge the grievance and begin to collect facts regarding the matter Open negotiations or not, the employer is obligated to conduct an investigation and follow its policy on or collective bargaining clause
Which of the following describes what happens when a firm purchases the assets of another outright, resulting in expanding the acquiring company's employee base and facilities?
Acquisition
Norris-LaGuardia Act
Act that guarantees workers' right to organize and restricts issuance of court injunctions against nonviolent union activity such as strikes, picketing, and boycotts.
What is the main benefit to a company using employee involvement for companies and employees to receive mutual benefit?
Active participation fosters employee commitment
When is the best time to involve legal counsel during termination proceedings?
After a performance improvement plan and the employee asks to see copies of the HR files
An employee notifies HR that he is a recovering alcoholic. One day he arrives at work impaired and his manager suspects that he is inebriated. The manager wants to fire him immediately citing the at-will employment doctrine. What should be considered?
Americans with Disabilities Act (ADA) and the Drug Free Workplace Act ADA-Alcoholism is considered a disability under the provisions of the ADA Additionally, an employer needs to balance its compliance with ADA with the need to maintain a drug-free workplace for the safety of all employees A drug and alcohol test may also reveal the presence of illegal drugs. The employer, in this case, has the right to require a drug and alcohol test before that employee can be determined fit to return to work HR rep shouldn't move forward with termination if the test results reveal that the employee was under the influence of alcohol since the employee reported he suffers from alcoholism. Rather, the employer needs to consider engaging in the interactive process to determine a reasonable accommodation once the employee is declared it to return to work
When choosing an investigator, it is important to be mindful of which of the following potential issues?
Any conflicts of interest
Title 7 of the Civil Rights Act of 1964
Banned discrimination in employment on the basis of race, color, religion, sex or national origin.
When is the best time to adopt a union avoidance strategy?
Before a union is established at the employer site
What is an important feature of a good grievance-handling process?
Being simple and easily understood by all Complexity of a process does not make an effective practice. In fact, the more complex policies and procedures are, the less likely they will be followed consistently
How should an involuntary employee termination be handled?
Cite the work policy or rule violated
An organization wants to remain union-free. The newly hired HR leader is expected to be proactive in union avoidance strategies. Which of the following actions would contribute significantly to the org's objectives?
Conduct a vulnerability assessment is a proactive strategy that provides an org's leaders with insights into areas in which they were weak and susceptible to union organization attempts The assessment includes both internal and external insights that give an org the ability to draft smart strategies to avoid union organizing
What is HR's strategic role in involuntary employee terminations?
Counsel and coach before the meeting to ensure proper documentation and proper ways to conduct the actual meeting HR's primary role is to ensure adequate documentation to support the termination and to coach the supervisor on how to conduct the termination meeting.
Which of the following helps to promote inclusion and diversity in the workplace? -recognition events -work/life balance programs -employee committees -job share
Employee committees Employee committees are formed to address various organizational concerns and include members from cross-functional departments it gives employees a platform for sharing differing options, expertise, and knowledge to meet an organizational initiative
Most grievance procedures have what kind of common component?
Employees can discuss concerns with multiple levels of management? Typically grievance procedures describe different levels along with timelines for filing a complaint and for management to respond
public policy exception
Exception to doctrine of employment-at-will, holding that employees cannot be fired for fulfilling legal obligations or for exercising legal rights.
When an employee resigns from a company, which of the following essential part of the exit process will help the organization reduce future turnover?
Exit interview The info gathered should include the reason for leaving, suggestions for process and culture improvements, and issues that need to be addressed immediately
If an employee has missed consecutive days, what should HR do?
Find out whether the employee has been out of work for FMLA, USERRA or another state-law protected leave of abcense
pulse surveys
Frequent, short questionnaires used to solicit anonymous employee feedback.
Half of a manager's department is slated to be laid off. As the HR Manager, how would you advise the manager to handle the layoff meeting?
Hold individual meetings. Provide the employee with a clear message regarding the conditions of the layoff. Show compassion. Meet with the remaining employees to offer support. Managers should also meet with the employees who survived the layoff collectively and answer questions & answer questions candidly and clearly
a top mistake in handling complaints or grievances is which of the following?
Ignoring the complaints Ignoring complaints, no matter what can make a bad situation worse and costly for the employer This is true if the complaints indicate serious work conditions such as harassment, hostile work or discrimination
Which of the following poses a risk to a company because of downsizing?
Increased resignations by valued employees
An org's leaders have decided that is must conduct a reduction in force (RIF) to remain financially viable. As the HR leader, you must decide how to select employees to lay off that would minimize any adverse impact. Which of the following are the best criteria to use for an RIF selection?
Job categories, prior disciplinary actions, seniority, and skill set
Which data privacy principle refers to the employer demonstrating a need to collect data and obtaining the employee's consent prior to data collection?
Legitimacy
An org wants to establish a formal progressive disciplinary policy. Which of the following will most likely be included as disciplinary steps in the policy?
Management discretion in issuing verbal, written, and final warnings
Which of the following is the best description of the overall purpose of an effective employee relation program?
Maximize employee performance The employment relationship affects all parts of an employee's life because employees spend a significant amount of time at work
When should an investigation of employees misconduct take place?
No later than 72 hrs after accusation
A healthcare consulting company is laying 60 employees. They have a total of 180 full-time employees prior to the layoff. According to provisions of the WARN Act, what must they do?
Notify employees 60 days prior bc the company is laying off more than 33% of its workforce
A mine workers' union provides free printing services to a candidate running for union president. Which entity would be most likely to investigate these activities?
Office of Labor-Management Standards
A restaurant employee in a nonunion environment has had repeated tardiness and customer complaints. What should the manager's FIRST STEP be in the disciplinary process? Oral warning Termination Open dialogue and problem solving written warning
Open dialogue and problem solving This will allow for a two-way communication between manager and employee while figuring out what the performance issue is and to resolve it before it progresses any further
Which of the following describes a post-termination financial consideration or benefit that aids impacted employees in the areas of resume writing and accepting job loss?
Outplacement
Outplacement firms
Outplacement firms offer employees who are losing their jobs assistance finding new jobs in the form of counseling and training to help facilitate a good person/job match
A corporation determines that 10% of its workforce in specific business units has to be laid off in order for the company to remain profitable. As the HR director, you are asked to craft the criteria by which employees will be selected for layoff. What criterion would most likely be included?
Performance as determined by performance appraisals of employees in the targeted business units If an affected employee were to subsequently raise an EEO concern, the use of performance appraisals to determine which employees are laid off would be legally defensible
According to the EEOC, which of the following factors will help determine witness credibility?
Plausibility, demeanor, motive, corroboration, past record
Skip-level interviews
Practice in union-free organizations of encouraging managers to spend time with each employee two levels below them on an annual basis. an employee is interviewed by his or her manager
collective bargaining
Process by which a union representing a group of workers negotiates with management for a contract
All Meat Fast Food Company is in the process of setting in place guidelines for responding to reference checks of former employees. Witch of the following strategies would you recommend?
Provide only job related info that is truthful, clear, and supported by the former employees' evaluations
Office of Labor Management Standards
Provides oversight for the Labor-Management Relations Act. Title IV of the LMRA establishes that union funds may not be used to support the candidacy of any candidate
Ensuring an effective use of the suggestion box that encourages employees' continuous participation involves which of the following key steps?
Regularly checking the box for suggestions and communicate answers requires an employers commitment of fresh two way communication to keep the program alive and meaningful
What is the best way a manager can take preventative measures to avoid disciplinary action?
Set clear expectations
Stay interviews
Structured conversations with employees for the purpose of determining which aspects of a job (e.g., satisfaction, engagement, culture, organization, leadership, etc.) encourage employee retention, or may be improved to do so.
The following are all needed for a successful employee recognition program except which one? -funded sufficiently -timely -tax implications considered -taxes given to employees to offset costs
Taxes given to employees to offset costs it is not necessary for the success of an employee recognition program
Which of the following describes an employment-at-will exception?
Terminating an employee after filing a workers' comp claim is a public policy exception to the at-will- employment doctrine
Who should be present during an involuntary termination?
The employee, the manager, and a member of the HR team
Implied Covenant of Good Faith and Fair Dealing in an Employment Contract
The implied covenant of good faith and fair dealing can support a wrongful termination claim if your employer acted in bad faith to deprive you of the benefit of your employment agreement. Examples include an employer who terminated you in violation of its own personnel policies, terminated you in order to keep you from enjoying benefits to which you would have otherwise been entitled under your employment agreement (like a pension or pay already earned), and/or lied about the reason you were fired.7
An African American employee objects to his co-workers' display of his confederate flag. He reports to HR that he feels like the display of this flag creates a hostile work environment. Which of the following legislation should HR consider while evaluating the complaints?
Title V11 Prohibits severe, pervasive, unwelcomed offensive conduct, such as racial or ethnic slurs, racial "jokes", derogatory comments, or other verbal or physical conduct based on an individual's race/color. Title V11 addresses the creation of hostile work environment for protected classes
What federal regulation prohibits sexual harassment?
Title V11 of the Civil Rights Act
Fraudulent Misrepresentation as a Result of Wrongful Termination?
To prove a fraud case against an employer, an employee needs to show that: The employer misrepresented facts to the employee (either by lying outright or by concealing or failing to disclose important information); The employer knew that s/he was making a misrepresentation; The employer misrepresented facts in order to persuade the employee to take a particular action; The employee relied on the misrepresentations; and The employee suffered damages as a result
What is a key step in preventing workplace bullying?
Training supervisors to discourage bullying
Which of the following has the most impact on increasing employee productivity? Increase pay review the total rewards package, including health benefits Increasing the number of ways that an employee can be recognized Treat employees with dignity and respect
Treat employees with dignity and respect
In a nonunion employer, grievances may be subject to federal regulations under the NLRA under what circumstances?
When the grievance is deemed to be a protected concerted activity The NLRA concerns itself with employee rights regardless if in a union or nonunion environment Employees have the protected right to express concerns about their work environment and working conditions w/o fear of retaliation from the employer, thus "protected concerted activity"
When must an employer pay severance?
When there's an executed contract between the employee and the employer where severance terms were detailed
Protected Concerted Activity
When two or more non-union employees act together to try to improve working conditions, or when a single employee approaches management after conferring with other employees on their behalf, or is acting on behalf of other employees, their actions are covered by NLRA
A company decided to close four of its North American locations in 3 months. The layoff affects 2,500 full time employees, 200 of which are on leaves of absence. Is the organization subject to the provisions of the Worker Adjustment and Retraining (WARN) Act?
Yes, because the WARN Act requires that organizations provide 60 days' notice to employees or their union representatives if the org has 100 or more employees
yellow dog contract
an agreement some companies forced workers to take that forbade them from joining a union. This was a method used to limit the power of unions, thus hampering their development.
spot awards
an incentive that companies use to encourage their employees to work toward specific outcomes Is given immediately upon witnessing outstanding employee performance
Taft-Hartley Act (1947)
anti-union law passed by increasingly conservative Congress over Truman's veto. Prohibited the closed shop (union only), permitted states to ban union-shop agreements (to become anti-union "right to work" states), forbade union contributions to candidates in federal elections, forced union leaders to swear in affidavits that they were not communists, and mandated an 80 day cooling off period before carrying out strikes. This enraged labor, who called it a "slave labor" law. Helped contribute to massive decline in unions.
closed shop agreement
clause in a labor-management agreement that specified workers had to be members of a union before being hired (was outlawed by the Taft-Hartley Act in 1947)
hostile work environment
form of sexual harassment deriving from off-color jokes, lewd comments, and so forth Pervasive, long-lasting behavior or communication that makes it difficult to perform normal job duties or advance in a career progression
manage by walking around
involves a manager's presence in the workplace to determine if there are challenges that require corrective action, to praise staff for a job well-done, and to learn how and where one's management expertise, knowledge, and skills can best be utilized. involves managers randomly visiting employee employee workplaces and engaging in informal discussions about how things are going
Alternative Dispute Resolution (ADR)
methods of solving a problem by bringing in an impartial outsider but not using the court system Negotiation, mediation, and arbitration are forms of ADR.
WARN act
the Worker Adjustment and Retraining Notification Act of 1989; this law requires employers to give notice of plant closings and mass layoffs Employers must have at least 100 employees to be covered by the WARN Act
grievance procedure
the process for resolving union-management conflicts over interpretation or violation of a collective bargaining agreement
the "Public Policy" Exception to At-Will Employment
this means that you have the right to sue your employer for wrongful termination if s/he terminates you because you: refused to violate a law, performed a legal obligation, exercised a legal right or privilege, or reported an alleged violation of law to the government, law enforcement or a supervisor. the policy that you reported a violation of, or refused to violate yourself, must be set forth in a law, constitutional provision, government regulation or mandatory ethical rule; The policy must benefit the public (as opposed to just an individual); The policy must be fundamental and substantial; and The policy must be well-established at the time when you were terminated.
insubordination
when an employee's willful disregard of an order or direction given by a supervisor
contract exception to employment at will
when an employer may not fire an employee in a situation where an implied contract has formed between an employer and employee. A written instrument expressing the employment relationship will not exist.
