Employee & Labor Relations Flashcards

1
Q

49.Which of the following is a core International Labor Organization (ILO) standard?

A. Standard 40-hour workweek

B. Prohibition of child labor

C. Establishment of a minimum wage

D. Equal promotional opportunities for African-Americans

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1218). McGraw-Hill Education. Kindle Edition.

A

49.B is correct. One of the eight core labor standards set forth by the ILO is the prohibition of hiring children who are too young to have completed a basic education and limiting hazardous work to people who are at least 18 years old.

A, C, and D are incorrect.

A and C are incorrect because the 40-hour workweek and the minimum wage are American provisions established by the Fair Labor Standards Act (FLSA).

D is incorrect because equal promotional opportunities for African-Americans is a U.S. protection established by Title VII of the Civil Rights Act of 1964.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1257-1258). McGraw-Hill Education. Kindle Edition.

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2
Q

50.Which of the following is a characteristic of labor or trade unions?

A.All adhere to the ILO core standards.

B.Employee expectations of unions vary by country.

C.Unions tend to have a combative relationship with management.

D.Unions generally operate in similar fashions globally.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1218). McGraw-Hill Education. Kindle Edition.

A

50.B is correct. Employee expectations of their unions vary greatly by country. Unions are structured differently by country. For example, in some countries a union may be run by a corporation or may be associated with certain political parties, whereas in the United States unions run by a company are illegal, and union support of particular political parties is controversial. These types of influences affect an employee’s relationship with the union.

A, C, and D are incorrect.

A is incorrect because internationally unions have not all adopted or enforced ILO labor standards.

C is incorrect because a union’s relationship with management isn’t mostly combative. In fact, most organizations try to establish positive union relationships in order to improve grievance resolutions, improve the collective bargaining process, and avoid unnecessary problems.

D is incorrect because globally unions appear to have little in common. An HR professional working in a country outside of their home country will need to familiarize themselves with how particular unions function in their area.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1258). McGraw-Hill Education. Kindle Edition.

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3
Q

51.HR wants to encourage the number of innovative ideas submitted by employees throughout the year. Which of the following employee relations strategies work best to achieve increased employee participation?

A.List the names of people with the most innovative ideas on the company intranet

B.Recognize employees with an incentive who submitted innovative ideas that the company has decided to implement at the annual all-hands meeting

C.List the names of employees with the most innovative ideas in the company newsletter

D.Recognize employees with the most innovative ideas at their department’s staff meeting

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1218-1219). McGraw-Hill Education. Kindle Edition.

A

51.B is correct. The most effective way to generate more participation in this program would be to recognize the employees in a public forum, preferably with an incentive that they find valuable (in other words, money, PTO).

A, C, and D are incorrect.

A and C are incorrect because listing the employee names on the intranet or in a newsletter is a form of recognition but not likely to be as effective as public recognition with a meaningful incentive associated with the recognition.

D is incorrect because a department-level staff meeting does not have the global impact the HR department hopes to generate.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1258-1259). McGraw-Hill Education. Kindle Edition.

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4
Q

52.Which of the following is a characteristic of a sustainable workplace?

A.The performance management process has as its cornerstone continuous feedback.

B.Employees are ensured bonuses and other rewards yearly.

C.There is a progressive discipline process in place.

D. Employees enjoy complete job security.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1219). McGraw-Hill Education. Kindle Edition.

A

52.A is correct. The performance management process at a sustainable organization is one that uses correction to promote continuous improvement. In a sustainable environment when an employee’s evaluation shows an area for improvement, the employee has access to training and other supports to improve their skills.

B, C, and D are incorrect.

B and D are incorrect because no work environment can guarantee complete job security, bonuses, or other financial rewards.

C is incorrect because a progressive discipline process isn’t a sure sign that the workplace is sustainable. However, a progressive discipline is a process that can signal that the organization has a fair and equitable system in place to handle employee misconduct. This builds trust among employees because they believe the company is committed to applying policies fairly and consistently.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1259). McGraw-Hill Education. Kindle Edition.

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5
Q

53.Which of the following describes a job involvement employee relations strategy?

A.Employees have final authority and accountability for decisions and their outcomes.

B.Employees suggest ways to improve a service delivery process.

C.Employees are empowered to decide work priorities and solutions.

D.Employees are decision makers who provide input on the board of directors.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1219). McGraw-Hill Education. Kindle Edition.

A

53.C is correct. In a job involvement employee relations strategy, employees control their daily work. Usually teams are tasked with accomplishing particular goals. They are empowered to determine the best way to complete the work as long as the goals are met.

A, B, and D are incorrect.

A and D are incorrect because both choices are characteristic of a high-involvement strategy where employees are part of the company’s strategic decision making in such a meaningful way that they can make final decisions regarding the organization’s finances. This type of involvement is rare.

B is incorrect because this choice is characteristic of a suggestion-involvement employee relations strategy. Suggestion involvement allows employees to make recommendations to management, but there is no guarantee those recommendations will be implemented, and the employees are not solely responsible for the outcomes if their suggestions are implemented.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1259-1260). McGraw-Hill Education. Kindle Edition.

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6
Q

54.International Financial Corporation (IFC) located in Antigua, West Indies, requests that employees provide access to personal data. Antigua adheres to the European Union Directive 95/46/EC on data privacy. IFC reassures employees that they will collect data only for limited use, that the information will be kept secure and confidential, and that employees will have access to their own data. What key principle has IFC missed?

A. Accuracy and retention

B. Legitimacy

C. Proportionality

D. Security

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1219). McGraw-Hill Education. Kindle Edition.

A

54.A is correct. IFC is missing the accuracy and retention piece of the request. According to the EU Directive on employee data privacy, a fundamental principle is accuracy and retention, which is reassuring employees that the information the company accesses will be maintained for only as long as needed.

B, C, and D are incorrect. They are incorrect because these are all fundamental data privacy principles that are included in the scenario.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1260). McGraw-Hill Education. Kindle Edition.

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7
Q

55.What is the best approach to union avoidance?

A. Aggressively combat union-organizing tactics

B.Provide supervisors with union-avoidance best practices

C.Increase salaries in the most disgruntled department

D. Maintain a sustainable workplace

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1219-1220). McGraw-Hill Education. Kindle Edition.

A

55.D is correct. The best union avoidance tactic is to remove the impetus for employees wanting to organize. A sustainable workplace is one where employees display a reasonable degree of employee satisfaction with respect to wages, continuous improvement opportunities, communication, and other factors. If employees are generally satisfied with their work environment and believe they are treated fairly, it is unlikely that they will entertain the formation of a union.

A, B, and C are incorrect. They are incorrect because these are all useful union avoidance tactics when there is already a sense that some employees may be considering the formation of a union; however, they are not the optimal approach.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1260). McGraw-Hill Education. Kindle Edition.

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8
Q

56.An asset management company has holdings in Zimbabwe and Japan. The Zimbabwean subsidiary specializes in agricultural consulting and has been operating for 15 years. The Japanese subsidiary specializes in timeshare sales and has been operating for 1 year. As the HR business partner, which global employee relations strategy would you recommend?

A. Strategic planning

B. Hands-off

C. Manage locally from headquarters

D. Guide and advise

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1220). McGraw-Hill Education. Kindle Edition.

A

56.D is correct. The best strategy is to guide and advise. In this case, it will be best for headquarters to consult local management on global best practices but leave the final decisions to local management. The Japanese subsidiary is relatively new, so the guidance from headquarters is needed, but the local Japanese management is likely much more familiar with professional norms in the area and should be empowered to make decisions affecting the local workforce.

A, B, and C are incorrect.

A is incorrect because the strategic planning approach requires that local practices conform to global policies. This may not work well where local professional norms and customs differ vastly across the enterprise.

B and C are incorrect because taking a completely hands-off approach could put the newly formed Japanese subsidiary at risk for failure soon after its inception, and managing from headquarters may create an environment where the local employees who operate very different businesses begin to feel like headquarters does not understand their work or the professional norms and expectations of their locations.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1260-1261). McGraw-Hill Education. Kindle Edition.

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9
Q

57.A works council has a supervisory board where half the board members are workers. The supervisory board rejects a recommended change to the working hours of entry-level employees. Which codetermination corporate governance model is described here?

A. Single-tier

B. Dual

C. Matrix

D. Mixed

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1220). McGraw-Hill Education. Kindle Edition.

A

57.B is correct. A dual codetermination model is one where there is a management board and a supervisory board made up of workers. The supervisory has the final say on whether a workplace change is implemented. A workplace change could be work hours, wages, occupational safety, or anything else that may affect employees.

A, C, and D are incorrect.

A is incorrect because a single-tier system has a board of directors with employee representatives as members.

C is incorrect because matrix is an organizational structure, not a codetermination model.

D is incorrect because a mixed system includes employee representatives, but they cannot vote. They are present only as advisors.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1261). McGraw-Hill Education. Kindle Edition.

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10
Q

58.A school district decides to purchase absence management software, which eliminates the need to have an administrative assistant contact and assign substitute teachers on a daily basis. The administrative assistant who currently performs this job was notified that her position will be eliminated at the close of the school year. She files a grievance with the secretarial union, who has an active contract with the district for the next 4 years. What is the likely outcome of an arbitration proceeding on this matter?

A.The school district must retain the administrative assistant’s current position until the end of the contract term.

B.The school district would be engaging in an unfair labor practice by accepting this iron-clad contract.

C.The union would be engaging in an unfair labor practice (ULP) if it did not guarantee the administrative assistant retain employment because she is a dues-paying member of the union.

D.The union would be engaging in an unfair labor practice if it tried to force the school district to keep this position.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1221). McGraw-Hill Education. Kindle Edition.

A

58.D is correct. If the union tried to force this issue, they would be guilty of an unfair labor practice (ULP) known as featherbedding. Featherbedding is a labor union practice where the union requires the employer to pay for the performance of unnecessary work in order to protect the job of its member.

A, B, and C are incorrect.

A and C are incorrect because the school district has no obligation to retain a specific employee’s employment simply because they are a dues-paying member.

B is incorrect because an iron-clad contract or yellow dog contract is one that requires an employee to join a union as a condition of employment.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1261-1262). McGraw-Hill Education. Kindle Edition.

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11
Q

59.An employee reports that she has been sexually harassed by a co-worker. You reassure the employee that you will maintain her confidentially to the extent possible and change her work schedule temporarily to prevent interaction with the alleged harasser. What is the next step you should take in completing this investigation?

A. Select the investigator

B. Develop interview questions

C.Develop a plan for gathering evidence

D. Conduct interviews

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1221-1222). McGraw-Hill Education. Kindle Edition.

A

59.A is correct. The next step is to select the investigator. Often the investigator is an HR professional, but depending on the complexity of the allegation, an objective investigator external to the company may be most appropriate.

B, C, and D are incorrect because these steps take place later in the investigation process.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1262). McGraw-Hill Education. Kindle Edition.

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12
Q

60.A major restaurant chain acquires a group of restaurants represented by a chef’s union with a contract set to expire in 4 years. The management wants to make changes to pay rates and hours. As the HR director, how would you advise management?

A.The new restaurant group must assimilate into the company culture. It begins with adhering to the conditions of employment, wages, and hours of their new owner.

B.The National Labor Relations Board (NLRB) may consider them a successor employer. As a successor employer, they can make changes, but they must be negotiated through the collective bargaining process.

C.The NLRB would not consider them a successor employer because they added a small number of new employees with the acquisition. The union contract does not have to be honored.

D.The union contract must be honored. The new employer will have a chance to negotiate new wages and work hours in 4 years when the contract expires.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1222). McGraw-Hill Education. Kindle Edition.

A

60.B is correct. The National Labor Relations Board (NLRB) may consider them a successor employer. As a successor employer, they can make changes, but they must be negotiated through the collective bargaining process. The NLRB considers the continuity in operations, types of products or services rendered, existing collective bargaining agreement, and the number of new employees gained from the acquisition when determining who it considers a successor employer.

A, C, and D are incorrect. Wages and hours are mandatory bargaining subjects. If the NLRB determines the company is a successor employer, then to make these types of changes, the new employer must negotiate with the union.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1262). McGraw-Hill Education. Kindle Edition.

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13
Q

61.The management of La Casa Charter School Network has decided to accept the presence of a union. This is the first time in 200 years that a charter or private school has become unionized. As the chief HR officer, what advice would you give to your executive team?

A.Train management on pre-grievance conflict resolution strategies

B.Establish a cooperative relationship with the union by including union representatives at executive board meetings

C.Establish a cooperative relationship with the union by allowing the union to determine appropriate discipline for employee infractions

D. Seek to decertify the union

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1222-1223). McGraw-Hill Education. Kindle Edition.

A

61.A is correct. It would be best to advise leaders to establish a cooperative relationship with the union. This includes activities such as getting better at conflict resolution in an effort to prevent the number of issues that proceed through the grievance process.

B, C, and D are incorrect.

B is incorrect because in a unionized environment transparency is positive, but there should be limits on when the union is provided with information regarding the company direction. At an executive board meeting, many ideas that are discussed during brainstorming sessions never become a strategy or policy the company implements or considers seriously. Having a union representative involved at this stage just causes unnecessary disdain for management, which is not conducive to promoting a cooperative relationship with the union.

C is incorrect because while it is wise for a company to have a fair and equitable progressive discipline process in place with respect to legally defensible discipline measures and sustainability, the type of discipline is best articulated by the employer, not the union insofar as the discipline does not violate an employee’s civil rights.

D is incorrect because this promotes a combative union relationship and, depending on the specific actions of the employer, is possibly illegal.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1262-1263). McGraw-Hill Education. Kindle Edition.

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14
Q

62.Enoch, an at-will employee, was fired from TransOceanic Manufacturing. He believes it is because he was discussing the unsanitary conditions of the plant and the people who keep getting written up for refusing to work 12-hour days without overtime. Enoch tells you he can prove what he is saying because he has recordings and witnesses. If there is truth to what Enoch is saying, is this an exception to the at-will doctrine?

A.Yes. This may be classified as a public policy exception.

B.Yes. This may be classified as a covenant of good faith and fair dealing exception.

C.No. None of the recordings Enoch has will be admissible in court.

D.Yes. This may be classified as an implied contract exception.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1223). McGraw-Hill Education. Kindle Edition.

A

62.A is correct because the public policy exception clarifies that an employee cannot be fired for talking to other employees about work conditions. Preventing such behavior may be seen as interfering with an employee’s right to organize a union.

B, C, and D are incorrect.

B is incorrect because the covenant of good faith and fair dealing does not apply. This exception refers to the acknowledgment by the U.S. legal system that every contract is expected to be made with the intent to perform as agreed upon and is a just contract.

C is incorrect because whether a recording is admissible is determined by the respective jurisdiction.

D is incorrect because the implied contract exception refers to statements the employer makes that the legal system recognizes as creating or expanding an oral or written contract. For example, if a manager says to an employee, “You keep performing like this; you will be employed here for life!” then this can be interpreted as the employee can never be fired. This exception is difficult to prove.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1263). McGraw-Hill Education. Kindle Edition.

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15
Q

63.Employees at one of six union plants decide to strike without union approval. They are upset with both management and their union for what they believe to be contract negotiations that were not done in good faith. This is an example of what kind of strike?

A. Work-to-rule strike

B. Sit-down strike

C. Sympathy strike

D. Wild-cat strike

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1223). McGraw-Hill Education. Kindle Edition.

A

63.D is correct because a wildcat strike is a strike that union members participate in that was not sanctioned by the union.

A, B, and C are incorrect.

A is incorrect because a work-to-rule strike occurs when employees slow down processes by following job descriptions to the letter. In other words, if it isn’t listed in the description or an established process, the employee will not do it.

B is incorrect because a sit-down strike occurs when employees stop working but do not leave their work area. This prevents the company from replacing them with temporary workers.

C is incorrect because a sympathy strike occurs when employees who have no issue with their employer strike in support of another group of workers who are on strike.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1263-1264). McGraw-Hill Education. Kindle Edition.

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16
Q

64.David is offered a position as a teacher assistant contingent upon his agreement to join the support staff union. Is this an example of an unfair labor practice (ULP)?

A.Yes. This is an employer ULP because David can work but will not receive his paycheck until union dues are paid.

B.Yes. This is a union ULP, and the union is not allowed to conspire with the employer to increase union membership.

C.Yes. This is an employer ULP because they are the ones forcing David to join the union.

D.Yes. This is a union ULP because the union did not make David aware of his rights before the job was offered by the employer.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1223-1224). McGraw-Hill Education. Kindle Edition.

A

64.B is correct. There are union and employer ULPs. This ULP is a violation of labor law on the part of the union. In this example, they have made an agreement with the employer to coerce potential employees into union membership by making the job offer contingent upon union membership. This is a violation of the National Labor Relations Act (NLRA).

A, C, and D are incorrect.

A and C are incorrect because this is not an employer ULP.

D is incorrect because the union has no obligation to make an employee aware of his rights prior to hire.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1264). McGraw-Hill Education. Kindle Edition.

17
Q

65.Jennifer is in negotiation with two of the unions present at her employer’s workplace. As the HR manager, she is concerned about the relevant laws that govern their negotiations because, though the company is based in San Francisco, California, there are operations in Shanghai, China, and Soweto, South Africa. How would you advise Jennifer?

A.Since the company has operations in two foreign countries, only internal labor laws are relevant.

B.As long as the company is based in the United States, the National Labor Relations Act (NLRA) and other U.S. labor laws apply. There may also be foreign labor laws that should be considered.

C.Given that this is a multinational operation, there are not specific U.S. or foreign labor laws that govern the negotiation process.

D.As long as the contracts seem fair and reasonable, Jennifer can choose which set of labor laws are most complementary to the company.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1224). McGraw-Hill Education. Kindle Edition.

A

65.B is correct because since the company is based in the United States, the NLRA and other U.S. labor laws are always relevant. There may also be foreign laws that are applicable for the operations that are located outside of the United States.

A, C, and D are incorrect because all three dismiss the relevancy of U.S. labor laws to the negation process.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1264). McGraw-Hill Education. Kindle Edition.

18
Q

66.Why are work councils not present in the United States?

A.They are seen as a violation of the National Labor Relations Act (NLRA).

B.They are seen as redundant because of the prevalence of unions.

C.American workers don’t see the value in work councils.

D.They are seen as a violation of the Labor Management Reporting and Disclosure Act (LMRDA).

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (p. 1224). McGraw-Hill Education. Kindle Edition.

A

66.A is correct. Work councils, which are popular in Europe, are established by employers and are composed of employees who provide information and consultation to other employees related to anything that affects working conditions. Section 8(a)(2) of the National Labor Relations Act (NLRA) prohibits the formation of any employer-dominated union, thereby making the concept of work councils prohibited.

B, C, and D are incorrect.

B and C are incorrect because while some redundancy exists between unions and work councils, with respect to their purpose, American workers may find value in them. They do not exist in the United States because labor laws prevent their formation.

D is incorrect because the LMRDA does not prohibit work councils.

Willer, Dory; Willer, Dory; Truesdell, William H.; Truesdell, William H.; Kelly, William D.; Kelly, William D.; Simon-Walters, Joanne; Simon-Walters, Joanne. SHRM-CP/SHRM-SCP Certification Bundle (All-In-One) (pp. 1264-1265). McGraw-Hill Education. Kindle Edition.