Employee & Labor Relations

Arbitration, mediation, and constructive conflict are all examples of which of the following? A. Alternative dispute resolution methods B. Collective bargaining agreements C. Labor law compliance D. Disciplinary actions

A. Alternative dispute resolution (ADR) is a group of methods used to solve litigation without legal intervention. They may be part of employment contracts, CBAs, and employee handbooks, with parties agreeing to utilize one or more of these methods should a dispute arise.

Which of the following risk classifications are threaded throughout all HR activities? A. Legal compliance B. Employee safety C. Financial mismanagement D. All of the above

A. Legal risks have a broad reach, which are threaded throughout all HR activities. Compliance with labor laws, including those regulating safety and health, workplace privacy, staffing, and training, are all part of the scope of risk assessment in HR.

If an employee is injured on the job but is still qualified to complete some essential functions, which of the following return-to-work (RTW) strategies should HR recommend? A. Modified duty B. An independent medical exam C. Time off from work D. A short-term administrative position

A. Administering effective RTW solutions can help the employee transition back into their job and reduce the overall cost of a workers' compensation claim. Modified duty assignments that align the employee's work with their specific medical restrictions will allow employees to return to work sooner rather than later.

A supervisor at a manufacturing plant has a personality conflict with one of her subordinates, who otherwise performs very well in the position. The supervisor begins a campaign to discredit the employee, changing her shift, deriding her in meetings, and gossiping behind her back. The employee quits because she just can't take it anymore. What may the supervisor be guilty of? A. Constructive discharge B. Sexual harassment C. Unfair treatment D. Nothing, because her employment was at will

A. Constructive discharge occurs when an employer makes working conditions so intolerable that an employee feels that they have no other choice but to quit. It is an unlawful employment practice

It has come to the attention of HR that a supervisor reassigned an employee from the day shift to the night shift because the supervisor wanted the employee to quit. This would be a case of which of the following? A. Constructive discharge B. Discipline C. Termination D. Fraudulent misrepresentation

A. Constructive discharge takes place when a supervisor attempts to make working conditions so intolerable that an employee feels they have no choice but to quit. It may be in the form of shift changes, unreasonable requests, denial of time off, or other cir- cumstances related to the employee's working conditions. It is an unlawful employment practice.

Providing an employee the opportunity to respond to performance-related issues without terminating them under the at-will common law doctrine is an example of which of the following? A. Due process B. Duty of good faith and fair dealing C. An employee right D. Legal compliance

A. Due process is a legal concept that in the context of employment protects an employee's right to fair treatment, particularly when there are established procedures in place regarding discipline. It is considered a best-interest practice to help protect employers from claims of wrongful discipline or discharge

Why are employee relations and involvement strategies important? A. Effective employee relations begin with employee input on decisions that affect them. B. Labor law compliance is impossible to achieve without employee input. C. Alignment of employee behavior with organizational strategy is completely depen- dent on employees choosing to be involved. D. All of the above.

A. Employee relations are about the employees or, more specifically, about balancing their needs with the needs of the employer. Proper communication and meaningful feedback will aid in change management efforts and build a relationship on which organizational outcomes can be achieved.

Which of the following statements belongs in an electronic media privacy policy? A. Emails sent using company equipment are the property of the employer and may be monitored or reviewed at any time. B. The employer reserves the right to terminate the employee at any time and for any reason, including for electronic media abuse. C. The employer prohibits the use of company cell phones for personal calls. D. All of the above

A. Employees have a reasonable expectation of privacy in the workplace. This is established based on factors such as privacy policies and precedent. Any monitoring of electronic media must be in accordance with the law and be communicated to the affected employees via a policy statement

What is a challenge to using a handbook to communicate policies to employees? A. Readability B. Downward communication C. Employee perception D. Relevance

A. Handbooks are often written from the perspective of managing risk for an employer. As a result, many handbooks are not written at an appropriate reading level for employees.

A vendor was accused of making sexually crude remarks and jokes to the purchasing manager of an organization. The purchasing manager's employer investigated and found that, while offensive, the vendor's behavior did not result in any tangible psychological injury and promptly requested that the vendor assign a new representative to service their account. If the purchasing manager were to file suit nevertheless, the employer would most likely justify their response under which of the following court cases? A. Harris v. Forklift Systems B. Faragher v. City of Boca Raton C. Meritor Savings Bank v. Vinson D. Oncale v. Sundowner Offshore Services

A. In Harris v. Forklift Systems the Supreme Court found that the standard for determining sexual harassment falls somewhere between that which is merely offensive and that which results in tangible psychological injury. While each case would be considered on its merits, Harris v. Forklift Systems gives the courts and employers the opportunity to consider all factors of the work environment in determining whether unlawful harassment has occurred.

Which of the following types of assets would need to be evaluated in a security risk assessment? A. Information assets B. Environmental assets C. Cultural assets D. Trade secrets

A. In a risk assessment of security, human resources professionals address four types of risks: financial, physical, informational, and human. Information assets can be compromised at all four levels. For example, employees can leak confidential information (human), hackers can break into a company database (physical), or a fire could erupt, damaging records (financial).

An employer discovers a gas leak in the company's break room, and an employee places a call to OSHA to report it. Under which priority is OSHA likely to conduct an inspection? A. Imminent danger, first B. Catastrophes, second C. Employee complaints, third D. High hazard, fourth

A. OSHA establishes inspection priorities based on the nature and severity of the hazard for employees. Imminent danger classifications are considered high priority and exist when there is reasonable certainty that immediate death or serious injury may occur as a result of the hazard

Which of the following methods of communication is the means by which most employees obtain information? A. Word of mouth B. Company newsletters C. Brown-bag lunches D. Staff meetings

A. Part of communicating information with employees is ensuring that they receive the correct information. Without effective communication strategies like open door policies, informational staff meetings, brown bag lunches, and newsletters, the employees most often rely on the grapevine to exchange information.

Which of the following would be the best choice for an employer who needs to communicate to employees that unlawful harassment is prohibited? A. Policy B. Procedure C. Rule D. Reference guide

A. Policies are used to communicate broad guidelines that are designed to direct organizational behavior. Procedures provide details about how to go forward in implementing the policy, and rules state what employees may or may not do to comply with the policy. In this example, the policy would prohibit unlawful harassment, the procedure would state how employees should report unlawful harassment, and the work rule would give an example of prohibited conduct, such as posting an offensive joke.

Without this, an employer will have a difficult time initiating positive employee relations' strategies. A. A culture of mutual respect and fair treatment B. Job descriptions C. Performance-based pay D. All of the above

A. Positive employee relations strategies are more than just good business. These strategies help to foster a learning organization, where information is freely shared and discussed. If employees do not feel respected or do not trust "management," they will not provide meaningful feedback or participate in employee relations strategies

Which of the following exceptions to employment at will prevents an employer from enticing a prospective employee with the promise of a reward and then failing to deliver it? A. Promissory estoppel B. Duty of good faith and fair dealing C. Contract exceptions D. Employment contracts

A. Promissory estoppel occurs when an employer promises an employee or potential employee a reward for an employee action and then fails to follow through on the delivery. This may result in the employer being obligated to make good on the agreement or pay equivalent damages. Contract exceptions occur when there is an employment or other type of contract that specifies the conditions under which a person may be terminated.

Which of the following is an example of a tactical accountability measure? A. Number of claims filed with the EEOC B. Employee surveys C. Performance reviews D. Employee stress levels

A. Tactical accountability measures are those that measure the effectiveness of employee relations activities on the overall application of ER strategies. Measuring these outcomes can be difficult, as it is often necessary to attempt to quantify the risk avoidance efforts.

The Glass Ceiling Act identified three barriers that prevent women and minorities from advancing to senior-level positions. They are societal barriers, internal structural barriers, and what? A. Governmental barriers B. Labor market barriers C. Family barriers D. Educational barriers

A. The Glass Ceiling Act established a commission to determine whether a glass ceiling, that is, a barrier to senior-level positions for women and minorities, existed. They also were tasked with identifying these barriers. The commission found that there were societal, internal structural, and governmental barriers for women and minorities in employment.

Your employer has asked you to conduct research on the merits of having warehouse employees use back braces in an effort to decrease soft tissue injuries. Which of the following resources would yield this information? A. National Institute of Occupational Safety and Health (NIOSH) B. Occupational Safety and Health Administration (OSHA) C. Center for Disease Control (CDC) D. The Department of Labor (DOL)

A. The National Institute of Occupational Safety and Health is part of the Department of Health and Human Services. It is charged with researching and evaluating workplace hazards and recommending ways to reduce the effect of those hazards on workers.

Which of the following agencies is tasked with oversight of union organizing activities? A. National Labor Relations Board B. Department of Labor C. National Labor Relations Committee D. Equal Employment Opportunity Commission

A. The National Labor Relations Board was created as part of the National Labor Relations Act to enforce its provisions. It responds to charges of unfair labor practices or petitions for representation through the organizing activity.

Which of the following acts requires employers to provide employees with a place of work that is "free from recognized hazards that are causing or likely to cause death or serious physical harm"? A. Occupational Safety and Health Act B. Sarbanes-Oxley Act C. Rehabilitation Act D. Workers' Compensation Act

A. The Occupational Safety and Health Act established responsibilities of employers in three main areas. Employers must provide a workplace free from recognized hazards that may cause death or serious injury, employers must comply with safety and health standards, and employers must comply with standards/regulations that affect their individual actions and behavior.

Which of the following was the primary consequence for unions as the result of the Sherman Anti-Trust Act? A. The act included strikes and boycotts in the definition of unlawful trade restrictions. B. The act exempted unions from the strike-breaking penalties established under the Clayton Act. C. It increased the types of unfair labor practice charges. D. The act increased the amount of fines for unions engaged in unlawful trades

A. The Sherman Anti-Trust Act was designed to prohibit business monopolies, which included any sort of business relationship that restricted trade. The courts ruled that strikes and boycotts were covered by this mandate.

Multiple unions are competing with each other for the right to represent a single bargaining unit. Which of the following are they competing for? A. Exclusive jurisdiction B. Weingarten rights C. Choice of law representation D. Duty of good faith and fair dealing

A. The concept of exclusive jurisdiction is simply the assignment of one union over a group of workers, such as craft workers or commercial drivers. Exclusive jurisdiction is a principle in which unions do not attempt to organize a group that is already represented by another union

What is the primary purpose of OSHA's injury record-keeping requirements? A. To collect data for OSHA and NIOSH to identify emerging hazards and recommend new standards B. To have documentation available in the event of an OSH inspection C. To calculate relevant penalties based on the type of violation D. To reference evidence in the application of enforcement standards

A. The primary purpose of requiring employers to document certain types of injuries and illnesses is to identify and respond to emerging trends. Records include exposures to hazardous substances, documentation of safety training, and OSHA logs that record injuries and illnesses

A supervisor at the company for which you work told an employee that the company would move their operations to Mexico if an organizing attempt were successful. This is an example of which of the following? A. An unfair labor practice B. Intimidating behavior C. Featherbedding D. A fact, allowable under the NLRA

A. Unfair labor practices are defined by the NLRA as unlawful practices used by employers throughout the organizing process. Threatening to shut down or move operations, intimidating employees, coercing them to vote against a union, or spying on organizing activity are all classified as unfair labor practices.

Union shops, agency shops, and closed shops are all examples of which of the following? A. Union security clauses B. Trade unions C. Conditions of employment D. Mandatory bargaining subjects

A. Union security clauses require members of the union to provide financial support to the union, usually through the payment of dues. In a union shop, employees are required to join a union within a grace period after hire. In an agency shop, all employees must either join the union or pay dues if they choose not to join. In a closed shop, new hires must join the union prior to being hired.

Cecelia, a customer service representative, was recently asked questions by her manager's manager about the level of her company and job satisfaction. This is an example of which of the following methods for gaining employee feedback? A. Discipline session B. Skip-level interview C. Open door policy application D. Employee survey

B. A key characteristic of a skip-level interview as an employee feedback initiative is to remove the direct supervisor from the chain of communication. The goal is not to spy or play "gotcha" but rather to create an open forum that removes any perceived obstacles to the free exchange of information, increasing the content's validity as a result.

An employee disagreed with his supervisor about the performance improvement plan (PIP) to which he was required to commit. HR brought him before a committee of coworkers and managers to discuss the details of his performance and render a decision related to the fairness of the PIP. Which ADR method did the employer use? A. Bargaining B. A peer review panel C. Constructive confrontation D. Ombudsmanship

B. A peer review panel is a technique used to solve disputes that arise in an employment relationship. A panel is assembled using employees and managers who have been trained in the company's policies, procedures, and rules, and who make decisions that can be binding to both parties

If an employer wants to prevent fraud by having an impartial review of an injured worker's ability to return to work, they should use which of the following? A. An occupational clinic B. An independent medical exam C. The employee's personal physician D. The emergency room

B. An independent medical exam is useful for employers who want to determine whether an injured worker is fit to return to work. Impartiality is important to help prevent fraud and to deal with the challenges that are presented through improper diagnosis or treatment.

The executive team at your place of work has communicated that they want HR to help them change the organizational culture to one of transparency and trust. Which of the following positive employee relations strategies should you recommend first? A. Publish the company financials so employees can see how the business is doing. B. Implement employee feedback mechanisms to identify major barriers to transparency. C. Create task forces to implement positive employee relations strategies related to transparency and trust. D. Discipline or terminate supervisors who are not trusted by the workforce.

B. As with any type of organizational intervention, HR will be most successful when they have identified the needs of the workforce as they relate to the desired outcome. For that reason, building employee feedback systems in which to gather information about the needs is the best first step.

Employers with effective employee relations systems in place work to ___________employee discipline. A. Support B. Prevent C. Implement D. Defend

B. Effective employee relations programs work to prevent the need for disciplinary action. They accomplish this through clear communication and strong performance management efforts with their employees. Companies that lack an employee relations focus often rely on discipline as their only tool in effective performance management

What is the ultimate measure of the success of a company's employee relations strategies? A. The return on investment of these activities B. The satisfaction level of employees C. The turnover rates D. The absenteeism rates

B. Employee relations activities are specifically geared toward increasing employee job satisfaction. This can be measured by using techniques such as ROI, turnover, and absenteeism analysis..

Which of the following is the most important consideration for workplace privacy concerns? A. Controlling privacy abuses B. Balancing employer security needs against employee privacy concerns C. Having a workplace privacy policy D. Avoiding legal issues

B. Employer security issues are many and include the need for data protection, protecting both employees and customers from identity theft, and compliance with the Electronic Communications Privacy Act of 1986.

An off-duty employee was on site at his place of work, visiting a co-worker on the coworkers lunch break. The off-duty employee slipped on a spill that had not been properly cleaned up. Which of the following statements is true? A. The injury is recordable. B. The injury is not recordable. C. The injury is both compensable and recordable. D. The injury is considered work-related, but the recordability is determined by the type/severity of the injury

B. Employers are required to record all work-related illnesses and injuries that fall within certain guidelines. According to OSHA standard 1904.5, an employer is not required to record an injury or illness when it occurs to an employee who was present in the workplace as a member of the general public.

If a federal contractor with more than $100,000 in contracts has an employee who is convicted of a drug-related offense, which of the following actions must they take? A. Notify the OFCCP. B. Notify the contracting agency of the violation within 10 days of the offense. C. Notify the Department of Labor. D. None of the above. The employee has a right to privacy

B. Employers that have federal contracts in excess of $100,000 must follow specific guidelines regarding substance abuse in the workplace. These guidelines include developing a written policy, establishing an awareness program, and notifying contracting agencies of violations of illegal drug offenses.

If an employer terminates an employee to avoid paying the employee an earned sales commission, the employer has violated which of the following exceptions to employment at will? A. Contract exception B. Duty of good faith and fair dealing C. Promissory estoppel D. None of the above

B. Employment at will allows either party to terminate the employment at any time and for any reason. However, there are specific exceptions to this doctrine. The duty of good faith and fair dealing requires that both parties have an obligation to act in a fair and honest manner in the execution of the agreement

If a union pushes a work rule guaranteeing a set number of employees on a job as part of the collective bargaining process, regardless of the job size, they may be engaged in which of the following unfair labor practices? A. Failure to bargain in good faith B. Featherbedding C. Prohibited strike D. coercion

B. Featherbedding is an unfair labor practice in which unions require more employees than are necessary to do the work

Which of the following established that temporary employees may be included in a company's bargaining unit? A. Weingarten B. Sturgis C. La Guardia D. Payne

B. In NLRB vs. Sturgis, the courts established that a union can organize a bargaining unit of an employer's regular employees and temporary employees, but only if both the employer and the staffing agency consent

During collective bargaining, the employer agrees to give employees additional paid holidays, and the union agrees to reduce the demand for increased shift premiums. This is an example of which of the following types of bargaining? A. Principled bargaining B. Integrative bargaining C. Positional bargaining D. An unfair labor practice

B. Integrative bargaining looks at all of the issues on the bargaining table, allowing for trade-offs to avoid a bargaining impasse. Principled bargaining is focused on finding mutually beneficial solutions, bargaining based on the interests of both parties as opposed to relative positions.

Of the following policies, which should HR recommend for all employers? A. A description of benefits B. An at-will statement C. Family Medical Leave Act rights D. They are all equally important.

B. Not all employers will offer benefits or be required to comply with the Family Medical Leave Act. The at-will policy statement, however, protects the right of the employer and the employee to terminate the relationship at any time and for any lawful reason

Workplace monitoring systems seek first to accomplish which organizational objective? A. Catch employees who are violating company policies B. Protect the company and customers from unauthorized access or data theft C. Create proof and documentation to defend a potential charge of negligence D. Manage risks in high hazard environments

B. Of the list presented, the best reason an employer may use workplace surveillance is to protect employees and other stakeholders from unauthorized access to sensitive data.

The goal of any performance improvement system should be which of the following? A. To avoid legal action B. To balance the needs of the employer with the needs of the employee C. To document grievance procedures D. To guide management decision-making

B. Performance improvement from an HR perspective aligns organizational needs with employee behavior. Discipline should not be the only tool used to manage employee behavior. Employees are entitled to fair and equitable treatment and access to the resources necessary to do their jobs (employee needs). The employer requires employees to perform to the minimum standards of behavior.

An employee was in a vehicle accident while on duty for her employer. The employer is liable for all costs associated with the accident. This is in accordance with which of the following common law doctrines? A. Defamation B. Respondeat superior C. Duty of good faith and fair dealing D. Promissory estoppel

B. Respondeat superior is the common-law doctrine that holds employers responsible for the actions of their employees, regardless of whether the employer's actions were negligent or reckless. Consider respondeat superior in cases of sexual harassment where the employer was unaware of the employee's actions or a charge of negligent hiring when an employee acts outside of the expected standards of behavior. In both of these examples, the employer potentially "should have known" of the employee's behavior.

"Let the master answer" is the meaning of which of the following employment doctrines? A. Promissory estoppel B. Respondeat superior C. Defamation D. Vicarious liability

B. Respondeat superior means that an employer may be held responsible for the actions of their employees, particularly when the employee acts within the scope of their employment.

Vulgar jokes, offensive calendars, and inappropriate touching could all be examples of which of the following? A. Unlawful practices B. Sexual harassment C. Quid pro quo harassment D. All of the above

B. Sexual harassment is often in the eye of the beholder, and it is dependent on factors such as the severity and frequency of the conduct. The EEOC prohibits "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature," especially if it interferes with an employee's ability to do their job.

Measuring the number and type of charges filed with the EEOC to make recommendations to employers is which of the following types of HR metrics? A. Operational excellence B. Tactical accountability C. An HR audit D. All of the above

B. Tactical accountability makes use of both internal and external data to guide employer actions. HR helps to integrate these efforts into the regular day-to-day activities of the organization.

Which of the following created safety and health standards for mine workers? A. Occupational Safety and Health Administration B. Mine Safety and Health Act C. Needlestick Safety and Prevention Act D. Rehabilitation Act

B. The Mine Safety and Health Act established mandatory safety and health standards for mine operators and the monitoring of mine operations throughout the United States. Similar to OSHA, it seeks to conduct research and provide resources that enhance the safety and health of mine workers.

If an employer receives a complaint about sexual harassment from an employee, which of the following risk assessment tools should they employ? A. HR audit B. Workplace investigation C. Legal compliance review D. Discrimination audit

B. There are several different types of tools available to HR to use in assessing risk. In this scenario, a prompt and thorough investigation can help assess the risk and direct the employer response.

If a supervisor demands that an employee go out on a date with him or else he will not give her a raise, he is most likely engaged in which of the following types of harassment? A. Hostile work environment B. Quid pro quo C. Constructive discharge D. None. It is OK to ask an employee out for a date.

B. There are two basic forms of sexual harassment: hostile environment and quid pro quo. Quid pro quo means "this for that," often occurring when an employer or their representatives require something of an employee in exchange for a work benefit.

If an organization changes an employee's schedule from 8:00 to 5:00 to 8:30 to 5:30 to allow him to get his kids to school every day, they are employing which of the following positive employee relations strategies? A. Compressed workweek B. Flex time C. Job sharing D. Telecommuting

B. Work-life balance presents opportunities for positive employee strategies such as compressed workweeks, flex time, job sharing, and part-time work. With flex time, employees are allowed to work hours that are more suited to their personal schedules.

Which of the following statements is true about a collective bargaining agreement? A. A CBA requires that all employees of that organization join the union. B. A CBA still allows for "at-will" employment. C. A CBA is a binding employment contract. D. A CBA includes the management personnel of the bargaining unit.

C. A collective bargaining agreement functions as a binding employment contract or agreement made on behalf of the employees by their representatives—that is, the union. A CBA may include doctrine related to membership, management, and general terms and conditions of employment

A union is attempting to obtain authorization cards from a bargaining unit that will be made up of 50 employees. How many signatures must they have to petition the NLRB for an election? A. 5 B. 10 C. 15 D. 25

C. A union may petition the NLRB for an election if 30 percent or more of the employees in the anticipated bargaining unit sign authorization cards.

Which of the following business impact measures can identify employee satisfaction? A. An HR audit B. Timeliness of performance reviews C. Absenteeism reports D. Number of open positions

C. Absenteeism reports reflect several characteristics of job dissatisfiers, including stressed-out workers, supervisory conflicts, and the feeling of being undervalued by the company. It is one of many job satisfaction measures that include turnover, employee surveys, and customer satisfaction reports

The primary purpose of an HR audit in risk management is to accomplish which of the following? A. Analyze a department budget B. Evaluate a department mission C. Identify organizational risks D. Align organizational goals

C. An HR audit can be used for several purposes, all of which are named here. In risk management, however, the primary purpose is to analyze an organization's business practices to identify and mitigate/eliminate risks

General job duties, separation terms, and compensation/benefits are generally spelled out in which of the following documents? A. Employee handbook B. Job descriptions C. Employment contract D. Offer letter

C. An employment contract is most often a written agreement binding the employer and employee to a relationship for a specified period of time. A signed agreement, it spells out the job duties, rate of pay, benefits, perks, and separation terms along with many other terms and conditions of employment.

Of the following plans, which describes the best way for the organization to evacuate company personnel and on-site visitors in the event of a natural disaster? A. Continuity of operations plan B. Disaster recovery plan C. Emergency response plan D. Critical incident plan

C. Assessing business continuity risks includes the creation of plans that respond to a crisis throughout specific phases. It begins with a plan to direct employees at the time of a crisis and includes OSHA's emergency action plan. This is followed by a disaster recovery plan and then a continuity of operations plan. All plans must be regularly maintained and communicated.

Employee rights are most often offset by what? A. Obligations B. Statutory protection C. Responsibilities D. Freedoms

C. Both employee rights and responsibilities are governed by case law and statutes. Employee rights include the right to a work environment free from harassment and the right to vote. Employee responsibilities include the duty of diligence, the duty of obedience, and the duty of loyalty

The companies that had staff in New York on September 11, 2001, lost power as the result of the terrorist attacks on the World Trade Center. One of the companies was able to activate their emergency response plan, including automated backup of data and employee egress. This is an example of which of the following types of risk management? A. Injury and illness prevention B. Environmental hazard assessments C. Business continuity D. Information asset management

C. Business continuity planning is the act of developing, monitoring, and implementing systems to respond to unplanned events. It focuses largely on containment of hazards and steps to continue critical business operations as needed.

The concept that either party may terminate the employment relationship at any time, and for any reason, is known as which of the following common law doctrines? A. Respondeat superior B. Constructive discharge C. Employment at will D. Duty of good faith and fair dealing

C. Common law doctrines are case laws and precedents that help employers make decisions. In the case of employment at will, courts have established that either party may terminate the employment relationship at any time and for any reason, provided that it is not based on an unlawful practice.

An employer may terminate an employee with or without cause. This is known as which of the following common law doctrines? A. Respondeat superior B. Constructive discharge C. Employment at will D. Statutory exceptions

C. Common law doctrines are established through precedents founded through case law. Employment at-will allows either the employer or the employee to terminate the relationship at any time and for any reason other than those that are unlawful.

If an employee is performing well in her current position but does not want to move to the next level, which of the following employee involvement strategies may work best to maximize her talent? A. Creating a work team that she leads B. Creating a task force to identify the key strengths and weaknesses of the department C. Delegating authority of a relevant process to her D. None. She should be allowed to remain functioning at her current level.

C. Employee involvement strategies allow employers to manage the knowledge of their human talent at all levels effectively. While employees should be allowed to develop to their fullest potential within their jobs, employers need to maximize the talent for the most efficient production of their goods or services. Delegating authority in a relevant process will allow employees to apply their talents toward the good of the company

Of the following, which is the most important aspect of employee recognition programs? A. That they are self-funded B. That they are properly designed to support desired outcomes C. That they clearly communicate the ever-changing "measures of success" to align with goals D. That they reflect the diversity of the workgroup

C. Employee recognition programs are designed specifically to recognize the efforts of employees. Incentive programs should be self-funded and focused on desired behaviors, and diversity management programs address diversity in the workplace.

Under what conditions may temporary workers be included in a bargaining unit? A. If they are joint employers B. If they receive authorization from the NLRB C. If a community of interest exists between the regular workers and temporary workers D. None—temporary workers are excluded from bargaining uni

C. In August 2000, the NLRB decided a case that extended the rights guaranteed by the NLRA to temporary and contingent workers. These rights include the right to organize and the right to be free from retaliation for participating in union-organizing activities

The Supreme Court determined that there does not have to be a "tangible employment action" taken against an employee for there to be a legitimate claim of harassment under which of the following court cases? A. Harris v. Forklift Systems B. Oncale v. Sundowner C. Faragher v. City of Boca Raton D. Meritor Savings Bank v. Vinson

C. In Faragher v. City of Boca Raton, the Supreme Court found that employers are responsible for the actions of their employees and have a responsibility to control them. This exists even when the harassment does not result in an adverse employment action against the employee. An affirmative defense may be raised by an employer when it can show that it has a policy in place prohibiting harassment, it promptly investigates and takes appropriate action, and that employees have a grievance procedure to report claims of harassment. Without these elements, an employer may be liable for its employees' actions even when the employees are acting outside the normal scope of their employment.

During collective bargaining, the employer refuses to increase retirement contributions if the union demands a flat percentage increase to wages during the period covered by the collective bargaining agreement (CBA). This is known as which type of bargaining? A. Principled bargaining B. Integrative bargaining C. Positional bargaining D. An unfair labor practice

C. In positional bargaining, each side takes up a "position." This means that one side must lose something for the other side to gain. It is considered an adversarial process

The marketing department staff are at odds with each other on the correct course of action to take on a new project. From the perspective of employee involvement, which course should HR recommend? A. Defer to the decision of the supervisor. B. Appoint a project leader. C. Hold a brainstorming session to gain clarity. D. Discipline the employee causing the most trouble

C. Inclusiveness is a necessary part of an employee involvement strategy, particularly in a diverse workgroup. A brainstorming session gives equal opportunity to the talent, seeking to merge the project needs with the abilities of the department

Organizational climate is what people experience at work, whereas organizational _____________is the factor that influences (most of the answers are singular) why they feel the way they do. A. Commitment B. Motivation C. Culture D. Satisfiers

C. Organizational climate and culture factors represent to an employer how and why certain things work within their organization. The ability to "feel out" the climate is built on observations and feedback. A company's mission, vision, and values help define the culture. Threaded throughout both factors are management behavior and the quality of the relationships formed by employees at all levels.

Summer BBQs, employee recognition dinners, and diversity programs all help to foster which of the following? A. An inclusive workforce B. Employee job satisfaction C. A positive culture D. Employee retention

C. Positive employee relations strategies, such as special events, recognition, and diversity, all help to promote a positive organizational culture. They do so by recognizing shared accomplishments, celebrating successes, and including all degrees of diverse thinking that must exist for an organization to compete effectively

In which of the following situations should HR proceed directly to termination of an employee? A. In the absence of a progressive discipline policy B. When the employee exceeds the maximum number of missed days identified in the handbook C. If the employee engages in an egregious act, such as violence against another employee D. If the employee fails to provide medical certification for missed days in accordance with policy

C. Terminating an employee requires careful analysis of the specifics of each case. Specifically with regard to absenteeism, employees may be protected under the FMLA or ADA. There are a few circumstances, however, in which the danger presented to the employer or other employees is greater than the risk of wrongful termination, such as theft, violence, or illegal acts.

Which of the following acts allowed employers to use court-ordered injunctions to break strikes? A. The Clayton Act B. The Norris-LaGuardia Act C. The Sherman Antitrust Act D. The National Labor Relations Act

C. The Sherman Act was originally used to control business monopolies. It allowed companies, in relatively broad language, to sue each other to stop a specific business action, and employers used it to break strikes. In 1914, the Clayton Act was passed to limit the impact of the Sherman Act by exempting labor unions from its application

Employees returning to work from military leaves of more than 30 days but fewer than ________days may not be discharged without cause for six months after the date of reemployment under USERRA. A. 90 B. 122 C. 181 D. 366

C. The Uniformed Services Employment and Reemployment Rights Act (USERRA) grants employees on military leave the right to have their jobs back when they return. It also protects them for a period of time after they return from discharge without cause, depending on the length of their leave.

What is an HR best practice for distributing the employee handbook? A. Using the company intranet for easy access B. Holding new-hire orientations to review the handbook policies and obtain signatures C. Making an honest attempt to ensure employees read and understand the policies D. Asking the supervisors to review the handbook with employees any time changes are made

C. The needs of employers and employees vary from company to company and even from worksite to worksite. For this reason, HR should make an honest attempt to communicate the handbook and accompanying polices in a way that best serves the needs of the employer/employee relationship

As a result of the violence used by employers to prevent union organizing, which of the following acts was passed? A. Norris-LaGuardia Act B. Clayton Act C. The National Labor Relations Act D. Sherman Antitrust Act

C. The violence of the labor movement is often lamented as being driven by union organizers and organized crime, but it is forgotten that employers often used force to break up organizing activity, which had no real protection under the law. The passage of the National Labor Relations Act in 1935 changed that, granting workers the right to organize. It established unfair labor practices and created the National Labor Relations Board to oversee the organizing process

Of the following, which is the most effective method unions may use to campaign for organizing? A. Meetings B. The Internet C. Inside organizing D. Picketing

C. There are many tactics unions use to begin the organizing process. Of them, few are as effective as having an existing employee working from within, using their influence and company knowledge to encourage participation in the organizing efforts.

Asbestos and corrosives are examples of which of the following types of environmental health hazards? A. Physical B. Biological C. Chemical D. All of the above

C. There are three types of environmental health hazards: chemical, physical, and biological. Chemical hazards are those that put an employee into contact with potentially hazardous substances. Physical hazards are those that could cause physical or bodily harm, such as slips, trips, or fall conditions, to an employee. Biological hazards are those that affect the bodily systems, such as bacteria or contaminated water.

Small groups of employees have been having quiet conversations in the hall, and at the latest staff meeting, another employee from the same department began to deride the company's wages and benefits as being "a joke." Of the following scenarios, which is most likely occurring? A. Featherbedding B. Union authorization C. Union organizing D. Nothing, because disgruntled employees will always exist.

C. Union avoidance strategies begin with noticing the first signs. Unusual or secretive congregating employees, aggressive complaints about working conditions or wages, strangers in the company parking lot, and union slogans are all signs of potential unionorganizing activity

Which of the following court cases established that union employees have a right to representation at meetings where discipline may occur? A. The National Labor Relations Act B. Davis v. O'Melveny & Myers C. NLRB v. J. Weingarten, Inc. D. Pharakhone v. Nissan North America, Inc.

C. Weingarten rights were granted by the NLRB in response to a case where an employee was investigated and interrogated without the representation of her union. This established that employers who fail to allow union representation at a meeting where discipline is likely to occur have committed an unfair labor practice.

Training management and having an employee assistance program (EAP) in place are steps taken to minimize which of the following? A. Disgruntled employees B. Stress in the workplace C. Workplace violence D. Business disruption

C. Workplace violence policies and procedures are put into place to help managers recognize the signs of stress and offer solutions where appropriate.

The Taft-Hartley Act was established as the result of which of the following? A. The election of a Republican majority to Congress B. Employer complaints about union abuses C. To respond to the imbalance of power between unions and employers D. All of the above

D. A Republican majority used the Taft-Hartley Act to respond to the broad reach of President Roosevelt's New Deal initiatives. It gave a legitimate voice to employers who felt the unions had too much power.

Why may a lack of perceived fairness in the distribution of pay lead employees to vote in a union? A. Unions generally regulate pay as part of the negotiating process. B. Unions offer leadership opportunities as shop stewards and union officers within an existing structure. C. Employees may feel that they need a voice because they are not being heard. D. Both A and C

D. A nonunion philosophy is an action plan, not just a statement. It outlines strategies to involve employees in the decision-making process so that they have a say in decisions that affect their pay and working conditions. If employees have a positive perception of the process, they are less inclined to vote in a group to represent them. Furthermore, pay is one of the top items at the negotiating table.

A customer service representative uses a list of the item numbers of most frequently ordered items to aid her customers in placing their orders. This list would be called which of the following? A. A standard operating procedure B. A procedure C. Work instructions D. A reference guide

D. A reference guide is one of the many tools used to implement work procedures. It is often a compilation of data around a specific process that organizes large amounts of information into a single reference document.

If an employer wants to avoid costly litigation in defending future claims of wrongful discipline or wrongful termination, which of the following dispute resolution efforts should HR recommend? A. Voluntary arbitration B. Mediation C. A peer review panel D. Compulsory arbitration

D. All of these answers can help employers avoid the cost of defending a claim of wrongful discipline or discharge. Compulsory arbitration, however, requires that, as a condition of employment, the employee agree to submit any future conflict to an arbitrator for resolution, rather than having the conflict work its way through the court system.

An effective absenteeism policy addresses which of the following? A. The attendance expectations for the employer B. The allowable number of days for non-FMLA-related absences C. How absences are counted D. All of the above

D. An effective absenteeism policy communicates the standards to the employees and shares with the employees what they can expect when they miss work.

Employee handbooks are designed for which of the following purposes? A. To manage employee risk B. To aid employers in compliance with labor laws C. To maintain an employer's status as "at will" D. To manage organizational risks and communicate expectations effectively

D. An employee handbook is many things, not the least of which is a tool that communicates information in compliance with labor laws and risk management. It protects the employer on many levels. Communicating the expectations to employees through a handbook establishes those expectations, serves notice to employees where required, and establishes the guidelines for both employee rights and responsibilities.

Which of the following is a best practice from a risk management perspective when forming employee-management committees? A. Minimize committee involvement on issues related to wages and working conditions. B. Avoid having these committees dominated by management. C. Consult with a labor attorney regarding potential committee unfair labor practices. D. All of the above

D. An employee management committee can be an effective way to engage in participative management techniques. It can be used to solve problems (such as a load configuration committee), coordinate interdepartmental efforts (such as in a merger), and allow for employee input on decisions that affect their work. However, the prudent employer understands how best to structure the committee to avoid a claim of an unfair labor practice.

The commercial driver members of the union go on strike to protest a bargaining impasse related to their base pay. What type of strike is this? A. A lawful strike B. An economic strike C. A hot cargo agreement D. Both A and B

D. Economic strikes are those that are called in an effort to obtain better pay, hours, or working conditions from the employer. They are lawful strikes

Which of the following analysis tools can best measure the more subjective criteria of employee satisfaction? A. Turnover rates B. Absenteeism trends C. Supervisory reviews D. Employee surveys

D. Employee surveys are designed to gather information about both the culture and the climate. Both of those factors are based on subjective interpretations of the receiver, but are no less important than objective analysis.

If an employer terminates an employee for participating in union organizing activities, they have engaged in which of the following? A. An unfair labor practice B. An unlawful act C. Discrimination D. All of the above

D. Employers must take care to not violate the National Labor Relations Act by interfering with employees' right to organize. This includes discriminating against an employee for participating in union activities.

If an employer wants to increase retention by improving employee work-life balance, which of the following tools could they choose from? A. Compressed workweeks B. Job sharing C. Flextime D. All of the above

D. For many employees, work-life balance remains a priority, providing an opportunity for employers to respond. Compressed workweeks, telecommuting, flextime, job sharing, and part-time work are all flex scheduling options from which employers can choose to help increase employee retention.

What is the usual reason employers take disciplinary action against an employee? A. To punish the individual B. To motivate the individual C. To train the individual D. To manage the performance of the individual

D. HR is often tasked with creating a toolbox of resources for employees and managers to use in the day-to-day operations of the company. Discipline is most often used to help manage the performance—or lack of performance—of individual workers.

Which of the following organizing activities may result in a voluntary recognition of a union? A. A demand for recognition letter B. A neutrality agreement C. A card-check election D. All of the above

D. If an employer intentionally or unintentionally accepts evidence that a majority of the employees have signed union authorization cards, it may result in the employer voluntarily recognizing the union, losing their ability to present their case to employees prior to a formal election. A demand for recognition usually occurs once a union has a sufficient number of signed authorization cards. It is important that the person who is presented with the demand letter does not respond in a way that could be construed as recognizing the union as the bargaining agent. A neutrality agreement is an agreement from the employer not to say or do anything to oppose the union, and a card check election means that the employer agrees to recognize the union based on the number of signed authorization cards.

Workplace training programs and inspections conducted by the unions are most likely the result of which of the following union management approaches? A. Collective bargaining B. Safety initiatives C. Co-employment D. Joint management

D. Many companies and unions are finding that a cooperative approach to the shared responsibilities for employees is more effective than the adversarial efforts of the past. In a joint management initiative, unions offer skills and compliance training and health and safety inspections as part of their services.

Which of the following is one of the disadvantages of mediation as an alternative dispute resolution method? A. Mediation can be too complex. B. Mediation can be expensive. C. Mediators must be impartial. D. Mediation is not binding.

D. Mediation is often used as the first step in ADR efforts. Because it is not binding, the parties may choose to move to the next step, which is usually arbitration.

An effective substance abuse policy in the workplace has which of the following components? A. A plan for random drug tests B. A description of the return-to-work process C. A succession plan, should an employee separation occur D. Top management support of a substance abuse program

D. Substance abuse policies are merely written words if they lack support from top management. They are part of a broader program that may include the types of drug screening that the employee may expect on the job and the return-to-work process.

Which of the following did the Occupational Safety and Health Administration Act of 1970 establish? A. National Institute of Occupational Safety and Health (NIOSH) B. Occupational Safety and Health Administration (OSHA) C. Occupational Safety and Health Review Commission (OSHRC) D. All of the above

D. The OSH Act of 1970 established three permanent agencies: NIOSH, OSHA, and OSHRC. All three are charged with furthering the safety and health rights of American workers. NIOSH conducts safety and health research, OSHA creates and enforces safety and health standards, and OSHRC is an independent agency that adjudicates enforcement actions brought by employer

What is the primary purpose of the Workers Adjustment and Retraining Notification (WARN) Act? A. Employers must fund retraining efforts for displaced workers. B. Employers must allow employees to vote on any alternative work schedule. C. Employers must offer job placement assistance for displaced workers. D. Employers must notify employees of a mass layoff

D. The Worker Adjustment and Retraining Notification Act was passed primarily to protect workers by requiring some employers to provide 60 days' notice of covered plant closings and covered mass layoffs.

Of the following options, which is federal legislation that affects the risk management activities of an HR department? A. Americans with Disabilities Act B. Occupational Safety and Health Act C. Civil Rights Act of 1964 D. All of the above

D. The term risk management is often used interchangeably with the term safety. However, risk management in an organization seeks to identify risks in all facets of human resource management, not just compliance with the Occupational Safety and Health Act.

A male supervisor chose a male candidate over a female candidate because he was worried about the potential loss of productivity the woman may have because of childcare issues. Which of the following types of unlawful discrimination did the supervisor commit? A. Work-life discrimination B. Caregiver discrimination C. Disparate treatment D. All of the above

D. There are several forms of work-life discrimination that can occur in the workplace. Giving favor to a male candidate over a female candidate based on perceived future performance is a form of disparate treatment that falls within the category of caregiver or childcare discrimination.

A military reservist who has been working for your organization for the last three years is called to active duty. Which of the following must you, as the employer, grant to this employee? A. Retirement vesting must continue to accrue as though there was no break in employment. B. The employee must be reinstated in a position that he would have earned had he remained on the job. C. The employer must continue to pay the employee his regular wages during the military absence. D. Both A and B.

D. USERRA provides several protections for reservists and other active military personnel, including the right to an escalator position upon return and the continued accrual of pension benefits.

What is an Excelsior list? A. A list of unfair labor practices B. A list of rules the employer must follow at a representation election C. A list of trade unions in the United States D. A list containing the names and addresses of all employees in a bargaining unit

D. Within seven days after a union election has been directed by the National Labor Relations Board, employers are required to provide the union with a list of employee names and addresses.