Employee and Labor Relations

Question 1

Alternative dispute resolution (ADR)

Answer 1

Umbrella term for the various approaches and
techniques, other than litigation, that can be used to
resolve a dispute.

Question 2

Arbitration

Answer 2

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.

Question 3

Constructive discipline

Answer 3

Form of corrective discipline that implements increasingly
severe penalties for employees.

Question 4

Grievance procedure

Answer 4

Orderly way to resolve differences of opinion.

Question 5

Industrial actions

Answer 5

Various forms of collective employee actions taken to
protest work conditions or employer actions.

Question 6

Labor union

Answer 6

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

Question 7

Lockout

Answer 7

Action of an employer to shut down operations to prevent
employees from working.

Question 8

Mediation

Answer 8

Method of nonbinding dispute resolution by which a
neutral third party tries to help disputing parties reach a
mutually agreeable decision; also called conciliation.

Question 9

Picketing

Answer 9

Positioning of employees at a place of work targeted for
the action for the purpose of protest.

Question 10

Policy

Answer 10

Broad statement that reflects an organization’s
philosophy, objectives, or standards concerning a
particular set of management or employee activities.

Question 11

Project labor agreement (PLA)

Answer 11

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.

Question 12

Secondary action

Answer 12

Attempt by a union to influence an employer by putting
pressure on another employer, for example, a supplier.

Question 13

Sit-down strike

Answer 13

Refusal by workers to work; also refusal by workers to
leave their workstations, making it impossible for the
employer to use replacement workers.

Question 14

Sympathy strike

Answer 14

Action taken in support of another union that is striking
the employer.

Question 15

Trade union

Answer 15

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.

Question 16

Unfair labor practice (ULP)

Answer 16

Violation of employee rights; act prohibited under labor
relations statutes

Question 17

Whistleblowing

Answer 17

Reporting of an organization’s violations of policies and
processes by employees

Question 18

Wildcat strike

Answer 18

Work stoppages at union contract operations that have
not been sanctioned by the union.

Question 19

Work-to-rule

Answer 19

Situation in which workers slow processes by performing
tasks exactly to specifications or according to job or task
descriptions.

Question 20

What type of strike occurs without the approval of union leadership?

Economic strikes

Wildcat strikes

Jurisdictional strikes

Sympathy strikes

Answer 20

Wildcat strikes

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. Jurisdictional strikes are the result of disagreements between unions; they occur when one union’s members walk out to force an employer to assign work to them instead of to another union. Sympathy strikes occur when one union expresses its support for another union’s strike even though it has no dispute with the employer. Economic strikes are strikes that occur when collective bargaining fails to reach an agreement.

Question 21

What is a distinguishing characteristic of peer review dispute resolution programs?

Answers

Employee’s ability to select panel members

Power to change organizational policies

Use of trained employee panels

Use of third-party negotiators

Answer 21

Use of trained employee panels

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

Question 22

Which would constitute an unfair labor practice (ULP)?

Answers

Management issues a statement expressing its dislike for unions.

The union fines a member for criticizing union actions.

The union distributes buttons for employees to wear to work.

A supervisor refuses to give a union member preferential treatment.

Answer 22

The union fines a member for criticizing union actions.

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.

Question 23

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

Individual bargaining

Further negotiation

Arbitration

Withdrawal of grievance

Answer 23

Arbitration

Arbitration is the next step when the internal grievance processes have been unsuccessful at resolving the matter. Individual bargaining is not permissible if there is a collective bargaining agreement. Withdrawing the grievance is not likely if the employee or union believes there is still an unresolved issue. Further negotiation is not likely to work if the negotiations have moved beyond both the local and national grievance levels.

Question 24

Which action can be taken by HR to help prevent industrial actions?

Answers

Eliminating the peer panel program for dispute resolution

Communicating the perspective of employees to management

Hiring outside counsel for handling grievances

Negotiating a provision in contracts against sympathy strikes

Answer 24

Communicating the perspective of employees to management

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

Question 25

Recently, a visibly upset employee came to the employee relations (ER) manager. The manager invited the employee to sit down and waited patiently while the employee calmed down and explained what was wrong. The ER manager then explained what action would be taken to remedy the situation. How could the ER manager’s response have been improved? Answers The ER manager could have mirrored the employee’s emotional state. The ER manager could have included the employee in problem-solving. A second meeting could have been scheduled to discuss solutions. The meeting could have been postponed until the employee was calmer.

Answer 25

The ER manager could have included the employee in problem solving. The employee relations manager failed to confirm his/her understanding of the problem and failed to use empathy by inviting the employee to participate in developing a response. The manager did well in meeting promptly with the employee and showed empathy by not demanding that the employee calm down. Empathy does not require mirroring the other person’s emotional state.

Question 26

Which step is necessary in conducting an effective investigation of employee complaints that may lead to discipline? Answers Selecting a neutral external investigator Providing a verbal report of the investigation results Soliciting employee input on interview questions Providing protection against retaliation

Answer 26

Providing protection against retaliation Providing protection against retaliation is a necessary step in an investigation for ethical and risk management reasons.

Question 27

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

Answer 27

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

Question 28

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 Codetermination Collective bargaining Due process Freedom of association

Answer 28

Freedom of association Freedom of association is the right of workers to join (or not join) an organization of their choosing without prior authorization by their employer.

Question 29

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

Answer 29

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

Question 30

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

Answer 30

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

Question 31

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

Answer 31

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

Question 32

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

Answer 32

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

Question 33

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

Answer 33

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

Question 34

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

Answer 34

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

Question 35

How should an HR professional best work with other leaders to achieve an employee-friendly, non-unionized workplace? Answers Create an open-door policy to allow for airing grievances. Analyze the leaders’ span of control to ensure an appropriate ratio. Encourage frequent promotions of high-potential employees. Ensure that two-way feedback mechanisms are encouraged.

Answer 35

Ensure that two-way feedback mechanisms are encouraged. The most effective of the methods listed is creating feedback mechanisms that promote two-way communication.