Marquis Leadership 8e Ch 22: Understanding Collective Bargaining, Unionization, and Employment Laws

19. The National Labors Relations Board (NLRB) requires that at least how many of employees sign an interest card before an election for unionization can be held? A) 25% B) 30% C) 60% D) 70%

Ans: B Feedback: The first step in establishing a union is demonstrating an adequate level of desire for unionization by the employees. The NLRB requires that at least 30% of employees sign an interest card before an election for unionization can be held. Most unions, however, will require between 60% and 70% of the employees to sign interest cards before spending the time and money involved in an organizing campaign.

13. Which level of manager has the greatest influence on preventing unionization in a nonunion organization? A) First B) Middle C) Top D) CEO

Ans: B Feedback: Although all managers play an important role in establishing and maintaining effective management labor relationships, the middle-level manager has the greatest influence on preventing unionization in a nonunion organization.

9. Under which circumstance would a supervisor of an oncology unit disregard the federal guidelines for handling chemotherapy agents? A) The state has instituted a policy that is more restrictive than the federal one B) The director of nurses requested more personalized guidelines be put in place C) The staff has an accident-free record for the last 10 years D) The state has a less restrictive policy that supersedes the federal one

Ans: A Feedback: If your organization is in a state that has health and safety regulations similar to those required by the Occupational Health and Safety Act, you must comply with whichever regulations are more stringent. None of the other options allow for disregard of the federal guidelines.

6. By contract, employees are to receive overtime pay when their workday exceeds 8 hours. A staff member attended a hospital sponsored mandatory CPR certification class after working an 8-hour shift. What type of paycheck adjustment can the employee expect? A) Overtime for the time spent in the class B) Regular pay for the class since there was no charge for the class C) No pay for the class since it was identified as mandatory D) Equal compensated time back during the next pay period

Ans: A Feedback: The employee should receive overtime for the class because overtime is paid for hours worked over the standard number of hours. Hours worked includes all the time an employee is required to be on duty, including classes, orientation, and conferences. Mandatory classes are to be considered as time required on duty. Compensated time is not considered the same as overtime pay.

1. One of the nurses comes to the charge and reports, I did not receive overtime pay when I acted as ambulance support last week. It is my understanding that our union contract states we get overtime for that type of care. Will you please follow up and see that I get the overtime on my next check? What is this an example of? A) Collective bargaining activity appropriate for a first-level manager B) A problem employee griping C) A formal grievance D) A problem that needs to be reported to the director of nurses immediately

Ans: A Feedback: This example is collective bargaining, which is defined as the activities that concern employee relations and are carried out between organized labor and management. None of the other options accurately describe that interaction.

10. Which statement concerning the 1967 and 1987 Age Discrimination and Employment Acts is true? A) Maximum age restrictions were limited for almost all job categories B) Employees can be forced to retire at age 70 if their health is poor C) Underage minors can be employed up to 20 hours per week D) Individuals seeking early retirement (before the age of 60) may be exempt from company pension plans

Ans: A Feedback: Under the 1967 and 1987 Age Discrimination and Employment Acts, employment of older people is protected and is based on their ability rather than their age. None of the remaining options related to these acts.

22. Which statement concerning the process of arbitration is true? A) Arbitration is the initial step in grievance resolution B) Arbitration involves a third party arriving at a solution C) Arbitration requires both parties to present the facts of the conflict D) Arbitration is reserved for situations that involve the state or federal government

Ans: B Feedback: Arbitration is the terminal step in the grievance procedure, where a third party reviews the grievance, completes fact finding, and reaches a decision. Always indicates the involvement of a third party. Arbitration may be voluntary on the part of management and labor or imposed by the government in a compulsory arbitration.

20. What type of employment law focuses on the rights and duties of unions and employers in their relationship with each other? A) Labor standards B) Labor relations C) Equal employment D) Civil and criminal

Ans: B Feedback: Labor relation laws relate to the rights and duties of unions and employers in their relationship with each other. None of the other options focus on that aspect.

18. Which organizational characteristic makes employees view a union as an appealing option? A) Organizational mission is too board to be achieved B) Organizational philosophy is insensitive to the worker C) Organizational philosophy is sensitive to management D) Organizational mission is insensitive to the population it serves

Ans: B Feedback: Management that is perceived to be deaf to the workers' needs provides a fertile ground for union organizers, because unions thrive in a climate that perceives the organizational philosophy to be insensitive to the worker. The other options are not believed to have the influence that insensitivity to employees has.

3. What event tends to be the primary reason for an increase in the numbers of unions being formed? A) Salaries are not keeping pace with the economy B) Organizations are insensitive to the needs of the worker C) There is an economic downturn D) Jobs are scarce

Ans: B Feedback: One reason that unions are started is to protect workers' rights against management that is insensitive to their needs. While economic issues do play a role, the primary reason for increased union formation is a more general dissatisfaction among employees.

24. An organization is attempting to prevent unionization. Which intervention demonstrates the administration's lack of understanding regarding employee motivation and satisfaction? A) Establish a well-developed formal procedure for handling employee grievances B) Assure each employee they will receive a 3% raise in base pay C) Have an effective performance appraisal system in place D) Ensure that all managers are well trained and effective

Ans: B Feedback: Practices that have shown effective and that the organization may put in place to discourage union activity include all the options except the offer of a pay raise. If the organization waits until the union arrives, it will be too late to perform these functions.

8. What are the four equal pay tests associated with the Equal Pay Act of 1963? A) Equal danger on the job, equal intelligence for hire, equal responsibility, and identical working conditions B) Equal skill, equal effort, equal responsibility, and similar working conditions C) Equal job requirements, same working conditions, equal job duties, and equal responsibilities D) Equal effort, equal working conditions, identical job duties, and equal job requirements

Ans: B Feedback: The Equal Pay Act of 1963 states that employees with jobs that require equal skill, equal effort, equal responsibility, and similar working conditions must receive equal pay. The other options include tests that are not associated with this act.

5. Which statement best describes a closed shop? A) A closed shop results in a lockout that prevents employees from working until the union contract is signed B) A closed shop results when the employees refuse to work because of unsettled grievances C) A closed shop requires that all employees join the union D) A closed shop allows employees to decide whether or not to join a union

Ans: C Feedback: A closed shop, also called a union shop, is characterized by a requirement that all employees join the union. Lockouts can occur whether or not a closed shop exists.

7. Which statement regarding Affirmative Action legislation is true? A) It requires a quota system B) It aims to prevent workplace discrimination C) It actively seeks underemployed groups to fill job vacancies D) It encourages reverse discrimination

Ans: C Feedback: Affirmative Action is legislation that actively seeks underemployed groups to fill job vacancies. The other options are related to practices after employment occurs.

21. What is the nurse-manager's initial action when it becomes obvious that the unit will not meet staffing levels? A) Ask for volunteers to work overtime B) Close the unit to additional admissions C) Notify upper-level management of the situation D) Begin transferring patient to units with lower censuses

Ans: C Feedback: If, during times of short staffing, supervisors are unable to meet this level of staffing, they must communicate this to the upper-level management so that there can be a joint resolution. The other options fail to appropriately address the issue safely.

2. As a result of downsizing in the 1990s, a nursing surplus appeared in some parts of the country. What occurs in this type of situation? A) Nurses tend to join unions to protect their jobs B) No change would be expected in the rapid unionization of nurses C) There would typically be less union activity by nurses D) There is no historical perspective that indicates what nurses would do

Ans: C Feedback: In times of nurse surplus, union activity would decrease rather than increase because nurses feel less confident that management would be amenable to nursing demands.

14. What do labor standards deal with? 1. Conditions of the employees' work 2. Pay for continuing education 3. Financial aspects 4. Number of hours worked A) 1, 2, 3 B) 1, 2, 4 C) 1, 3, 4 D) 2, 3, 4

Ans: C Feedback: Labor standards are regulations dealing with the conditions of the employee's work, including physical conditions, financial aspects, and the number of hours worked.

4. How did the Civil Rights Act of 1964 affect employees? A) It eliminated sexual harassment in the workplace B) It allowed veterans to return to jobs they held before their military service C) It prohibited job discrimination based on factors unrelated to job qualifications D) It eliminated racial discrimination in this country

Ans: C Feedback: The Civil Rights Act of 1964 prohibited job discrimination based on factors unrelated to job qualifications. This legislation is not associated with any of the other options.

25. What is considered the primary reason a nurse will join a union? A) To eliminate discrimination B) To fill the social need to be accepted C) To increase their personal power D) To improve the quality of patient care

Ans: C Feedback: The six primary motivators in order of importance are as follows: to increase the power of the individual, to increase their input into organizational decision making, to eliminate discrimination and favoritism, because of a social need to be accepted, because they are required to do so as part of employment (closed shop), and because they believe it will improve patient outcomes and quality of care.

12. A nurse executive wants to decrease the chances of unionization of a nonunionized nursing service department. To accomplish this goal where should financial and energy resources best be directed? A) Increasing the nursing salaries and benefits B) Increasing the quality and amount of equipment C) Improving the quality of nursing staff supervision D) Improving nursing and medical staff relationships

Ans: C Feedback: The use of improved communication, fairness, and shared decision making tools will improve the quality of nursing staff supervision and perhaps prevent nursing staff from wanting to join a union. The other options fail to focus on recognized areas of employee concerns.

15. Although some legislation makes the job of managing people more difficult for managers, what positive results have occurred? 1. Decreased bias against the older employee 2. Increased salaries for minorities 3. Increased opportunities for women 4. Increased opportunities for disabled A) 2, 3, 4 B) 1, 2, 3 C) 1, 2, 4 D) 1, 3, 4

Ans: D Feedback: Although some legislation makes the job of managing people more difficult for managers, it has resulted in increased job fairness and opportunities for women, minorities, the elderly, and the disabled. Increased salaries for the minority employee have not been a recognized result.

23. Which role is considered a manager's responsibility related to collective bargaining and unionization? A) Is a role model for fairness B) Is nondiscriminatory in all personal and professional actions C) Actively seeks a culturally and ethnically diverse workforce D) Understands and appropriately implements union contracts

Ans: D Feedback: It is the manager's role to understand and implement union contracts. The other options represent leadership roles.

17. What perspectives must the manager have to see collective bargaining and employment legislation? 1. Government 2. Organization 3. Worker 4. Personal A) 1, 2, 3 B) 1, 2, 4 C) 1, 3, 4 D) 2, 3, 4

Ans: D Feedback: Managers must be able to see collective bargaining and employment legislation from four perspectives: the organization, the worker, general historical and societal, and personal.

16. Why does membership in the American Nurses Association (ANA) pose a conflict in loyalty for some nurses? A) It fails to support male nurses sufficiently B) Minorities are not represented on its Board of Directors C) Membership is based on years of nursing experience D) It acts as a professional association and a collective bargaining agent

Ans: D Feedback: The ANA acts as a professional association for RNs and a collective bargaining agent. This dual purpose poses a conflict in loyalty to some nurses. The other options are not true statements.

11. Which action by the manager is most likely to reduce the incidence of sexual harassment in the workplace? A) Create all-male and all-female work teams B) Encourage workers to confront the harasser directly and work it out C) Provide desensitivity training to minimize employee reactions D) Actively pursue an investigation of all complaints

Ans: D Feedback: The manager must take all incidents of perceived sexual harassment seriously and actively pursue an investigation of all such complaints. The other options are means of avoiding the problem.