Organization | Employee and Labor Relations - SHRM-CP
Which recommendation would you make to a new HR practitioner concerning investigating workplace complaints? Answers: Become familiar with the requirements of labor contracts and local laws. Always include the employee's direct report in meetings. Avoid documenting discussions that could create legal liability. Use a team of interviewers for greater credibility and impact.
: Become familiar with the requirements of labor contracts and local laws. Rationale: Labor contracts can stipulate employee rights during an investigation, as can local laws. Investigators must be familiar with these obligations.
Who are the members of a works council? Answers: Representatives of workers and management Union representatives and management Upper-level management Government regulators and worker representatives
: Representatives of workers and management Rationale: 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.
Lockout
Action of an employer to shut down operations to prevent employees from working.
Sympathy strike
Action taken in support of another union that is striking the employer.
Which is a core labor standard of the International Labour Organization? Answers: Prohibition of forced military service Age limits for hazardous work Workers' right to strike Guaranteed address of worker grievances
Age limits for hazardous work Rationale: 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.
Project labor agreement (PLA)
Agreement that requires specific contractors to accept certain conditions in project contracts, such as paying a fair wage and contributing to health insurance, pension, and training funds.
The HR director and union representatives are unable to resolve a formal grievance at either the local or national level. What is the next step in the formal grievance process? Answers: Arbitration Further negotiation Individual bargaining Withdrawal of grievance
Arbitration Rationale:
Secondary action
Attempt by a union to influence an employer by putting pressure on another employer, for example, a supplier.
Which factor can limit the collective bargaining process? Answers: Data analytics Constructive discipline Due process Bargaining precedents
Bargaining precedents Rationale: Bargaining precedents—factors that led to previous agreements—can limit the collective bargaining process.
Policy
Broad statement that reflects an organization's philosophy, objectives, or standards concerning a particular set of management or employee activities.
How do the International Labour Organization's legally binding conventions impact the practice of HR? Answers: By confirming the extraterritorial application of country-specific laws By providing specific guidance on the creation of a code of conduct 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 Rationale: 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? Answers: By training management on allowed speech By engaging in a union avoidance strategy By providing guidance on selective enforcement of contract provisions By preventing the organization from firing workers involved in wildcat strikes
By training management on allowed speech Rationale: 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? Answers: Open-door policy Ombudsperson Peer review Chosen officer
Chosen officer Rationale: 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? Answers: Hiring outside counsel for handling grievances Eliminating the peer panel program for dispute resolution Negotiating a provision in contracts against sympathy strikes Communicating the perspective of employees to management
Communicating the perspective of employees to management Rationale: 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? Answers: Constructive discipline Unbiased investigations Conflict resolution Anti-retaliation policy
Constructive discipline Rationale: 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? Answers: 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. Ignore the activity because its very small scale makes a legal response impractical.
Demand the employee cease the activity and terminate employment. Rationale: 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? Answers: 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. Rationale: 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)? Answers: Exclusive to union environments Requires an external third party Does not preclude litigation Results in disciplinary action
Does not preclude litigation Rationale: 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? Answers: Don't. This would be an unfair labor practice. Go ahead, as long as the reward is not cash. Try to get the information without using an incentive. You don't need to. You have a right to ask the union.
Don't. This would be an unfair labor practice. Rationale: 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? Answers: Work councils Employment at-will Work specialization Constructive discipline
Employment at-will Rationale: Employment contracts are an exception to employment at-will.
Which is an advantage of using a chosen officer in alternative dispute resolution (ADR)? Answers: Ensuring an objective perspective Reducing expenses Providing quicker results Empowering employees
Empowering employees Rationale: 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? Answers: Involve local law enforcement. Conduct an HR audit. Provide the accused party with legal representation. Ensure confidentiality as much as possible.
Ensure confidentiality as much as possible. Rationale: Initially supporting a timely investigation and then ensuring confidentiality as much as possible is the best course of action for HR.
How should an HR professional best work with other leaders to achieve an employee-friendly, non-unionized workplace? Answers: Ensure that two-way feedback mechanisms are encouraged. Analyze the leaders' span of control to ensure an appropriate ratio. Encourage frequent promotions of high-potential employees. Create an open-door policy to allow for airing grievances.
Ensure that two-way feedback mechanisms are encouraged. Rationale: The most effective of the methods listed is creating feedback mechanisms that promote two-way communication.
Which best demonstrates due process in disciplining an employee for a dischargeable offense? Answers: Including a union representative in all meetings Incorporating peer review in the progressive disciplinary system Ensuring that the employee is afforded an opportunity to present a defense Reviewing discipline cases for dischargeable offenses that are legally justified
Ensuring that the employee is afforded an opportunity to present a defense Rationale: 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.
Which action during the termination process might violate an employee's due process? Answers: Not providing a warning in cases involving summary offenses Using alternative dispute resolution techniques Failing to offer the employee an opportunity to explain Seeking review by peers and managers
Failing to offer the employee an opportunity to explain Rationale: Employees may claim violation of due process if they are not allowed a chance to question evidence and defend themselves.
Constructive discipline
Form of corrective discipline that implements increasingly severe penalties for employees.
What is the correct term for the right of an individual worker to unite with other workers to promote desired employment conditions as a group? Answers: Due process Collective bargaining Freedom of association Codetermination
Freedom of association Rationale: Freedom of association is the right of workers to join (or not join) an organization of their choosing without prior authorization by their employer.
Trade union
Group of workers who coordinate their activities to achieve common goals in their relationship with an employer or group of employers; also called labor union.
Labor union
Group of workers who coordinate their activities to achieve common goals in their relationship with an employer or group of employers; also called trade union.
Which is considered a good practice for handling grievances? Answers: 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. Rationale: Ensuring the confidentiality of grievance discussions is in the best interest of all parties involved.
What does the term "tripartism" mean in the context of union relations? Answers: Promotion of a works council to a position at the bargaining table Aggregation of employers in an industry into a single bargaining position Involvement of national governments in the bargaining process Idea that the employment relationship includes the employer, the union, and the employee
Involvement of national governments in the bargaining process Rationale: Tripartism refers to the collaboration of governments, employers, and unions in developing contracts and resolving disputes. This is a common feature in some countries and an occasional feature in others (e.g., government intervention in times of national emergencies). Industry employer associations are common in some industries, but this is just another form of the union-employer relationship. The employment relationship in a unionized workplace does have three actors, but this is not what tripartism means. Works councils do not participate in collective bargaining.
Which generally describes governments' involvement in unions? Answers: It is prohibited by the International Labour Organization. It reduces conflict and confrontation. It increases conflict and confrontation. It varies from country to country.
It varies from country to country. Rationale: 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? Answers: Labor board Labor union Labor association Labor council
Labor board Rationale: 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.
Arbitration
Method of dispute resolution by which disputing parties agree to be bound by the decision of one or more impartial persons to whom they submit their dispute for final determination.
Mediation
Method of nonbinding dispute resolution by which a neutral third party tries to help disputing parties reach a mutually agreeable decision; also called conciliation.
A scientist is hired to perform research for a new product at a pharmaceutical company. Which clause is most critical to include in the employment contract? Answers: Severance provisions for involuntary resignation and disability. Non-disclosure of trade secrets and other confidential information. Benefits provided by the company and date of eligibility. Commitment to drug-free workplace and employee assistant programs.
Non-disclosure of trade secrets and other confidential information. Rationale: The most important information to include in the employment contract involves the protection of the organization's intellectual property (IP). The employee will have access to confidential information and research that would be of value to competitive firms. The organization must safeguard this information. The protection of IP is of particular importance when hiring scientists.
A new division manager wants to terminate a new employee for borrowing work equipment for personal use, an act specifically prohibited in the employee handbook. This has happened before, but, in that case, the employee was not terminated. Which action should HR recommend the manager take? Answers: Not proceeding with the termination because it may not be defensible Proceeding with the termination due to the violation of policy Changing the policy, as it is within the manager's control Telling the employee to not use tools for personal use
Not proceeding with the termination because it may not be defensible. Rationale: The organization has established a history of not enforcing this rule. Enforcing it this time will be problematic legally, even if the prohibition does appear in the handbook and the action does pose a risk.
In what form of alternative dispute resolution (ADR) is an employee encouraged to speak to management regarding suggestions, concerns, or complaints? Answers: Equal opportunity Formal steps Open door Suggestion box
Open door Rationale: Best-practice organizations encourage open-door/person-to-person meetings. If the meeting involves complaints or grievances, the issues are carefully documented. For these meetings to be effective, there has to be top management commitment. Neither formal steps nor equal opportunity describe a specific ADR process. Ideas from a suggestion box do not necessarily lead to discussions with management.
Grievance procedure
Orderly way to resolve differences of opinion.
What is a broad statement that reflects an organization's philosophy, objectives, or standards? Answers: Mission statement Policy Contract Business case
Policy Rationale: A policy is a broad statement that reflects an organization's philosophy, objectives, or standards concerning a particular set of management or employment activities.
Picketing
Positioning of employees at a place of work targeted for the action for the purpose of protest.
Which step is necessary in conducting an effective investigation of employee complaints that may lead to discipline? Answers: Providing a verbal report of the investigation results Selecting a neutral external investigator Providing protection against retaliation Soliciting employee input on interview questions
Providing protection against retaliation Rationale: Providing protection against retaliation is a necessary step in an investigation for ethical and risk management reasons.
Which action is an ombudsperson empowered to take after hearing both sides of a workplace dispute? Answers: Imposing specific discipline on an employee if facts support the finding Referring the matter for litigation if facts support the finding Referring the matter to further alternative dispute resolution (ADR) Negotiating a mutually acceptable agreement on behalf of the employee
Referring the matter to further alternative dispute resolution (ADR) Rationale: An ombudsperson is a neutral party with limited powers; he or she cannot negotiate for one party. The ombudsperson can investigate the dispute, establish facts, and refer the matter, along with the evidence, to management or to other forms of ADR. The ombudsperson cannot impose a decision or refer the matter for outside litigation.
Sit-down strike
Refusal by workers to work; also refusal by workers to leave their workstations, making it impossible for the employer to use replacement workers.
Which action would be considered an unfair labor practice (ULP)? Answers: Filing charges against the union for coercing employees Conducting scheduled performance appraisals during negotiations Terminating an employee for just cause Refusing to bargain with a legally recognized union
Refusing to bargain with a legally recognized union Rationale: 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. Which action would be considered an unfair labor practice (
Whistleblowing
Reporting of an organization's violations of policies and processes by employees.
What is a best practice as it relates to an organization's employee handbook? Answers: Posting the handbook on the organization's website, with periodic updates as needed Focusing on detailed job-related procedures and rules written in unambiguous language Reviewing the handbook to ensure that expectations are realistic and enforceable Ensuring that the handbook is in compliance with the home country's employment law
Reviewing the handbook to ensure that expectations are realistic and enforceable Rationale: 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.
HR is considering whether to recommend termination of an employee after investigating and confirming numerous complaints from other employees about unlawful behavior. Which additional steps should the HR manager consider before making the termination recommendation? Answers: Reviewing the history of similar discipline situations Validating the employment at-will exceptions with external legal counsel Attempting to correct the employee's behavior Developing justification of the need to respond to this allegation
Reviewing the history of similar discipline situations Rationale: HR should confirm the consistency with which the organization has responded to this type of problem in the past. The action could be discriminatory if the response is inconsistent with previous similar situations.
What type of alternative dispute resolution system would be most appropriate for a small and young enterprise? Answers: Single designated officer Arbitration Peer review Mediation
Single designated officer Rationale: A single designated ADR officer can investigate and resolve disputes. When management is committed to fairness, it should have sufficient credibility with its employees to select and empower this individual. Arbitration and mediation both save internal labor and time but involve additional expense; the objectivity of binding arbitration is sometimes questioned if the employer selects the arbitration service. Peer review would necessitate releasing panel participants from their regular duties for training and to investigate and resolve complaints.
Which alternative dispute resolution (ADR) option allows an organization to determine who will resolve disputes? Answers: Single designated officer Ombudsperson Chosen officer Peer review
Single designated officer Rationale: An organization using the single designated officer approach to ADR designates and empowers a specific individual within the organization to investigate and resolve disputes.
Work-to-rule
Situation in which workers slow processes by performing tasks exactly to specifications or according to job or task descriptions.
What characterizes the statutory obligations of a company operating under the principle of codetermination? Answers: The company must inform the works council and include it in decision making. 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 but may make decisions without its input.
The company must inform the works council and include it in decision making. Rationale: 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? Answers: The supervisor conducts a previously scheduled performance review. The technician physically attacks the supervisor and is discharged. 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.
The supervisor reassigns the technician from bench work to physically difficult duties. Rationale: 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.
Which would constitute an unfair labor practice (ULP)? Answers: Management issues a statement expressing its dislike for unions. A supervisor refuses to give a union member preferential treatment. The union distributes buttons for employees to wear to work. The union fines a member for criticizing union actions.
The union fines a member for criticizing union actions. Rationale ULPs can be committed by employers and unions. In this question, the union commits a ULP by coercing a member and interfering with the member's freedom of speech. It is not a ULP for the union to distribute to employees items such as hats or buttons, and, in most cases, employees can wear them to work. An employer is not required to give union members preferential treatment, although it is obliged to honor the terms of a collective bargaining agreement. Employers also have the right to discourage unionization as long as they do not threaten, interrogate, punish, or spy on employees.
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? Answers: No further investigation is needed. This was an appropriate manager action. There was sufficient evidence for dismissal. There was insufficient due process.
There was insufficient due process. Rationale: 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.
Which is the primary reason why work councils are prohibited in the United States? Answers: They are considered company-dominated unions. They are involved in the election of members by employees. They are seen as competitors to unions. They are involved in contract negotiations.
They are considered company-dominated unions. Rationale: Works councils are a violation of Section 8(a)(2) of the National Labor Relations Act, which prohibits company-dominated unions.
What recommendation should HR suggest once a union acceptance strategy is agreed to by senior leaders? Answers: Including union representatives in strategy sessions Committing to never using replacement workers Increasing transparency surrounding management decisions Training management in collaboration and conflict strategies
Training management in collaboration and conflict strategies Rationale: 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.
Alternative dispute resolution (ADR)
Umbrella term for the various approaches and techniques, other than litigation, that can be used to resolve a dispute.
What is a distinguishing characteristic of peer review dispute resolution programs? Answers: Employee's ability to select panel members Use of trained employee panels Power to change organizational policies Use of third-party negotiators
Use of trained employee panels Rationale: Peer review panels are trained panels of employees (or employees and managers) that hear and resolve employee complaints.
Industrial actions
Various forms of collective employee actions taken to protest work conditions or employer actions.
What is an unfair labor practice? Answers: Violation of a labor law by an employer or a union Employer practice in conflict with local business and cultural practices Violation of international organizations' statements of worker rights Action by an employer or employee in violation of a contract provision
Violation of a labor law by an employer or a union Rationale: 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.
Unfair labor practice (ULP)
Violation of employee rights; act prohibited under labor relations statutes.
What type of strike occurs without the knowledge or approval of union leadership? Answers: Sit-down strikes Secondary strikes Wildcat strikes Sympathy strikes
Wildcat strikes Rationale: Wildcat strikes are work stoppages that are neither sanctioned nor stimulated by the union, although union officials may be aware of them. These strikes may also take the form of excessive absences, especially when there are no-strike clauses in contracts.
Wildcat strike
Work stoppages at union contract operations that have not been sanctioned by the union.
What is the name of the formal structure composed of management and non-management employees who are responsible for consultation and effective flow of information? Answers Works council Labor union Management council Trade union
Works council Rationale: 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.