PHR Questions Flashcards
Formative Evaluation
Evaluates training value that is produced to the organization and its cost. Analyzes goals, design, implementation, results and impact
Part of Lewin’s Change Theory is the concept of forcing change by power, but have a reward for change, education about the process, assistance in the process, and assistance with the emotional process. What concept is this?
Overcoming Resistance
Learning by Adapting
Culture and vision lead the organization
there is communication thru all channels
Performance is tracked
Adaptability retained
Crosby Theory
- Zero Defects
- Quality conforms to requirements
- emphasis on prevention
- Quality measured in monetary terms
- Employer expects performance and effort
- Employee expects raises, benefits, and opportunities
Psychological Contract
Performance of organizational planned approach
needs and interaction of employees
Organizational Development
Paired Comparision
employees compared to each other
-each employee is compared against each of the other employees to select the best
Human Processual Interaction
-Focuses on core processes and relationship changes which directly effect how employees accomplish their work
Implementation Theory
is an area of research in game theory concerned with whether a class of mechanisms (or institutions) can be designed whose equilibrium outcomes implement a given set of normative goals or welfare criteria
Fair Use Doctrine
Portions may be used depending on the way a work is used, how much of it, the price and market impact
Five parts of ADDIE Model
- Analysis
- Design
- Development
- Implementation
- Evaluation
Analysis Phase of ADDIE Model
instructional problem is clarified, the instructional goals and objectives are established and the learning environment and learner’s existing knowledge and skills are identified
Design Phase of ADDIE Model
deals with learning objectives, assessment instruments, exercises, content, subject matter analysis, lesson planning and media selection.
Development Phase of ADDIE Model
the developers create and assemble the content assets that were created in the design phase. Programmers work to develop and/or integrate technologies. Testers perform debugging procedures. The project is reviewed and revised according to any feedback given.
Implementation Phase of ADDIE Model
a procedure for training the facilitators and the learners is developed. The facilitators’ training should cover the course curriculum, learning outcomes, method of delivery, and testing procedures.
Evaluation Phase of ADDIE Model
- Formative Evaluation: present in each stage of ADDIE
- Summative Evaluation: tests designed for domain specific criterion-related referenced items and providing opportunities for feedback from the users.
Values of organization, external environment, organization behavior reactions
Organizational Culture
Three Stages of Lewin’s Change Theory
- Unfreeze
- Change
- Refreeze
- Determine what needs to change
- Ensure there is strong support from management
- Create the need for change
- Manage and understand doubts and concerns
Unfreeze
- Communicate often
- Dispel rumors
- Empower action
- Involve people in the process
Change in Lewin’s theory
- anchor the changes into the culture
- develop ways to sustain change
- provide support and training
- celebrate successes
Refreeze
managing employees and organizational operations
Operational Executor
4 pieces of Kirkpatrick Learning Model
- Reaction
- Learning
- Behavior
- Results
Measure your participants’ initial reaction to gain an understanding of the training program and valuable insights into material, quality, educator and more
Reaction part of Kirkpatrick Learning Model
Measure how much information was effectively absorbed during the training and map it to the program or individual learning objectives
Learning phase of K-Pat Learning Model
analyzes the differences in the participant’s behavior at work after completing the program. Assessing the change makes it possible to figure out if the knowledge, mindset, or skills the program taught are being used the workplace.
Behavioral change phase of K-Pat Learning Model
determines the overall success of the training model by measuring factors such as lowered spending, higher returns on investments, improved quality of products, less accidents in the workplace, more efficient production times, and a higher quantity of sales
Results phase of K-Pat Learning Model
Learner Processes information quickly then learning tappers off
Negative Accelerated Learning Curve
transfer of training
best practices and experience from prior trainings effect future trainings
Learner Processes information quickly then learning tappers off
Negative Accelerated Learning Curve
Negative Accelerated Learning Curve
Learner Processes information quickly then learning tappers off
Learning is slow to start then picks up as learner goes along
Positive Accelerated Learning Curve
Positive Accelerated Learning Curve
Learning is slow to start then picks up as learner goes along
experienced in business functions of the organization
Business ally
Business ally
experienced in business functions of the organization
total cost / # of participants. Determines whether to train internally or externally and whether to buy or license
Cost per participant
Cost per participant
total cost / # of participants. Determines whether to train internally or externally and whether to buy or license
Strategic Architect
carrying the organization vision
Technostructual
focuses on job tasks, work improvement and organization structure.
focuses on job tasks, work improvement and organization structure.
Technostructual
Organization development
performance of organization planned approach. Needs and interaction of employees.
performance of organization planned approach. Needs and interaction of employees.
Organization development
trainer is selected and training is given
implementation
Vroom’s expectancy theory
predicts that employees in an organization will be motivated when they believe that- effort will yield better job performance, better job performance will led to valued rewards
predicts that employees in an organization will be motivated when they believe that- effort will yield better job performance, better job performance will led to valued rewards
Vroom’s expectancy theory
Human Processual Interaction
focuses on core processes and relationship changes which directly effect how employees accomplish their work.
focuses on core processes and relationship changes which directly effect how employees accomplish their work.
Human Processual Interaction
measure learning
post - test job performance testing / prepost - compare performance after to the established average
Change Process Theory
How change occurs in organization, individual needs on environment Plan, communicate, get leadership, implement change
How change occurs in organization, individual needs on environment Plan, communicate, get leadership, implement change
Change Process Theory
When using Kirkpatrick’s Learning Evaluation Model, you often use learning. What is learning in this context?
Observing any employee changes due to the training
Critical incidents
measure employee performance and outcome to workplace incidents
Glass Walls
Nonrevenue functions and cannot transfer
Non revenue functions and cannot transfer
Glass Walls
When is affirmative action required?
- 50 or more employees AND
- $50,000 or more in government contracts
As per record retention requirements according to the EEOC, how many years must an employee’s records be kept if they were involuntarily terminated?
1 year from term date
Vietnam Veteran Readjustment Act 1974
affirmative action to employ and advance in employment of Vietnam era veteran or disabled veteran.
Reverse Discrimination
favoring a historically disadvantaged group at the expense of members of a historically advantaged group
Privacy Act of 1974
Answers to questions should be based on Federal Laws.
Pregnancy Discrimination Act of 1978
Equal treatment of pregnant employees. If employee unable to perform job do to pregnancy, treat employee as a temporary disabled employee modifying tasks.
Worker Adjustment returning notification (WARN)
assured displaced workers could adjust their schedule and wage requirements after a disaster
Ethnocentric employment
involves hiring expatriates for all key management positions.
Define management forecasts
management uses their experience to predict outcomes
Nominal Group Technique
Experts work together for recommendation
Define reference check
involves verification of factual past employment, education, financial, driving, records.
Griggs vs. Duke Power 1971
Adverse impact, discrimination unintentional is still unlawful
Employers must have an explicit policy to deal with this or else they risk severe legal consequences. As employers they are obligated to protect their employees from this
Sexual harassment
prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.
Executive Order 11246
Burden of proof on employer, allow punitive damages, class discrimination was one factor
Civil Rights Act of 1991
company is one international business managed from any location
Geocentric
As per record retention requirements according to the EEOC, how many years must they keep their payroll records?
3 years
Delphi Technique
Random experts give recommendations separately
Bona Fide Occupational qualification
employer can exclude specific people because of the job requirements.
employee coerced into resigning
Constructive discharge
company is 1 international business managed from any location
Geocentric Business
fast process to bring foreign workers in when no qualified local workers are available
Program electronic review management
hiring expatriates for all key management positions.
Ethnocentric employment
Business Necessity
Position requires specific certification or study to perform job functions.
intent and scope impact of the bill.
Written Report Publication
evaluates the relationship of one variable compared to another. Shows predicted response based on dependent against an independent variable at the same time one at a time.
Simple linear regression
Rehabilitation Act of 1973
Protects rights of Employees with physical and mental Disabilities, impairment with record of treatment
Subcommittee or ignored and bill dies.
Committee Action
What are the 7 steps to making a bill?
- Creation of bill
- Committee Action
- Floor Action
- Vote
- Conference Committees
- Presidential Action
- Creation of Law
bill placed in the calendar
Scheduling floor action
Learning by adapting
the culture and vision lead the organization, communication through all channels, track performance, adaptable
the culture and vision lead the organization, communication through all channels, track performance, adaptable
Learning by adapting
work created by employees, consultants, Work for hire independent contractors is owned by company but creator is legally-recognized author of that work
Copyright Act of 1976
employees compared to each other. Each employee is compared against each of the other employees so select best out of the choices
Paired Comparison
problem focused Learning in which participant is involved in the planning and evaluation of their instruction.
Andragogy
values of organization, external environment, organization behavior reactions
Organizational culture
best practices and experience from prior trainings effect future trainings
transfer of training
Learner Processes information quickly then learning tappers off
Negative Accelerated Learning Curve
Learning is slow to start then picks up as learner goes along
Positive Accelerated Learning Curve
vision, goals, and core foundation of the organization change
Organization transformation change
focuses on job tasks, work improvement and organization structure.
Technostructual
Comparing performance after the training to the established average
Measuring learning
Have participants mastered the skills as a result of trianing?
learning
Drawback to internally developed training
time intensive
performance of organization planned approach. Needs and interaction of employees.
Organization development
focuses on job tasks, work improvement and organization structure.
Technostructual
focus on group change
Socialtechnical
values of organization, external environment, organization behavior reactions
Organizational culture
How change occurs in organization, individual needs on environment Plan, communicate, get leadership, implement change
Change Process Theory
who developed Formative Evaluation?
Brinkerhoff
evaluates trainings value it produces to the organization and associated cost. Analyzes goals, design, implementation, results, impact
Formative Evaluation
was the training the only reason for the change? are employees meeting objectives? has positive performance increased?
measuring results
What is the advantage of using a banquet?
good for small group
freedom of employees to learn at there own pace
asynchronous learning
What happens during development phase of ADDIE model
develop course
test program on small set of employees. Get feedback from program participants, clear presentation, examples
Pilot Programs
vague wording, leniency, bias, similar, favors, liking,
Appraisal errors
What do you do during observation?
You watch and use a checklist
What is performance management?
mission / goal orientated based on objectives
What is the advantage of using questioning?
You can make questions open ended and challenging
clear, consistent, valid, based on action, realistic, within time frame
identify objectives
point system for measuring quality or best of employees based on categories
Rating scale
values, role models, leaders, routines, network. common goals, communication, interaction of the employees in the workplace. Is the climate acceptable to change.
Organization culture
How change occurs in organization, individual needs on environment Plan, communicate, get leadership, implement change
Change Process Theory
Simone creates a procedures policy that clearly defines how the company should deal with certain customer situations. What organizational culture value is she espousing?
routines
Company B completely scrubbed their management and now needs to come up with new goals. They want to hear feedback from current employees. They devise a survey to:
benchmark
Company A creates a new employee handbook that has very strong policies on the company goals and beliefs. What organizational culture value is Company A espousing?
values
There is a great tool that HR managers use to assess the values, external environment, and behavior reactions of the organization. What is this tool known as?
organizational Culture
demanded end to child and convict labor, woman’s equal pay a progressive income tax, and the cooperative employer-employee ownership of mines and factories.
Knights of Labor
The Knights of Labor made several important advancements for workers’ rights in America. Which of the following is NOT from the demands of Knights of Labor?
Employer – employee relation
Company A has a festering problem between the managers and supervisors. The employees performance is starting to suffer as a result. They devise a survey to:
Tackle problems before become major
Employees in Company C decide to stop going to morale events because they are working long hours and no one seems to care. How might a survey help Company C?
Soliciting feedback on employee attitudes
Who wants all workers to be united within a single union as a class and that the wage system should be abolished
Industrial Workers of the World
Railroad Strike, severe multiple economic issues caused strained employee relations
The Great Labor Uprising of 1877
May Day observances for employees, peaceful rally after a strike against the standard 8 hour workweek ended in police violence
Haymarket riot 1886
made United Automobile Workers a major force in labor rights history, become president of the CIO, increased pay for workers
Walter Reuther
Jill forgets file payroll for a new department in the company. It’s the second time in 2 weeks she’s forgotten. What should she receive?
Written warning
vision, goals, and core foundation of the organization change
Organization transformation change
one of the first federations of labor unions in the US, concern with working conditions, pay and control over jobs
American Federation of Labor (AFL)
What does Organizational Culture help you do?
Assess the values, external environment, and behavior reactions of the organization
first major unions willing to organize African-American workers, lead one of the best period for workers in US history
United Auto Workers
demanded cooperative employer – employee ownership of mines and factories
Knights of Labor
A classroom is a one arrangement for learning. What is the negative aspect of using a classroom?
It is harder to get interaction in a larger group
test program on small set of employees. Get feedback from program participants, clear presentation, examples
pilot
how many officers and employees killed in Haymaker Riot of 1886?
7 officers
4 employees
Protects privacy of email in storage
Stored Communication Act
How big does the business need to be for COBRA to apply?
20 people
Define COBRA
provides individuals and dependents who may lose medical coverage with opportunity to pay for continued converage. Employer may not charge more than 102% of costs
jobs that require comparable skills effort, responsibility and working conditions should pay the same as those of men
Comparable Worth
In a defined benefit plan, how long is the vesting period?
5 years
Requires participants to work a certain amount of time before receiving benefits
Cliff Vesting
Which law established the claw back provision?
Sarbanes Oxley
allows publicly traded company to take previous executive incentive pay upon ocurrence of misconduct
Claw Back Provision
When would broad banding be useful?
When hierarchical organizations flatten out
Define broadbanding
combining several salary grades on classifications with narrow pay ranges into one band with wider spread
- Prohibits discrimination based on origin or citizenship
- penalties for hiring illegals
- must establish identity thru I-9
- 4 or more employers
Immigration and Reform Control Act
- Provides relief to employers using 3rd party to conduct internal investigations
- includes provisions that reduce identity theft
Fair and Accurate Credit Transactions Act
- Protects privacy of back ground information and ensures that it is accurate
- Employer must provide pre-adverse action notice to applicant or employee before refusing to hire or fire
- Notice must include copy of consumer report and summary of rights
Fair Credit Reporting Act
-Protects employer against employee claims that their legal rights have been violated
Employment Practices Liability ACt
It is unlawful for employers to use polygraphs in employment decisions except for narrowly-defined security positions
Employee Polygraph Protection Act
adverse impact
selection rate for protected class is <80% of rate of class with highest selection rate
progressively collects info from group without physical presence
Delphi Technique
- List of job titles ranked from lowest to highest paid within org
- Used in affirmative action process
Workforce Analysis
- Doctrine that says a party can be held liable for wrongful actions of another party
- Employer responsible for employees
Vicarious Liability
-Require candidate to demonstrate a min degree of strength, dexterity and coordination in a specialized skill area
Psychomotion Test
-supporting of employees exiting business to transition them to new jobs
Outplacement
What does the nominal group technique
prevents domination of discussion by one person
-Gathers information by asking individuals to respond to questions posed by moderator then asking participants to prioritize the ideas of group members
Nominal group technique
- Creates rolling time frame for filing wage discrimination claims
- Expands plaintiff field
- resets statute of limitations by 180 days with every check
Lilly Leadbetter Fair Pay Act
-Interviewer fails to recognize responses of candidate that are socially acceptable rather than factual
Cultural Noise
What are the two types of criterion related validity?
- Concurrent
- Predictive
-refers to link between a selection device and job performance
Criterion Related Validity
degree to which an interview or test or selection device measures the KSA’s of a job
Content Validity
- Extent to which selection device measures the theoretical construct or behavioral traits of a candidate
- ex. IQ, aptitude test, mechanical comprehension
Construct Validity
tests group for certain construct then compares to results obtained in the future
Predictive Validity
-criterion related validity by relating test scores of a group to some other criterion measure administered at the same time
Concurrent Validity
- expands victims to include compensatory and punitive damages
- compensatory damages do not include back pay
- right to a jury trial
Civil Rights Act of 1991
- considers internal and external availability of minorities
- step in the affirmative action process
availability analysis
What are the 5 P’s of marketing
1) promotion
2) people
3) price
4) place
5) product
4 stages of organization
1) intro
2) growth
3) maturity
4) decline
- opportunities lie outside of conventional market boundaries
- creation of new markets
- “breaks the rules”
Blue Ocean Strategy
What are the 4 stages of planning?
1) formulation
2) development
3) implementation
4) evaluation
-ensuring that everything is carried out according to plan
controlling
-designing a structure to assist in goal accomplishment that relates human and non-human resources to business tasks
organizing
transactions measurable in only money are part of what?
balance sheet
requires that expenditures be justified for each new period
zero-based budgeting
what is the balance sheet formula?
assets=liabilities+equity
Which act established right to work?
Taft-Hartley Act or Labor Management Relations ACt
no person can be compelled to join a union
right to work
-grants management full authority and discretion over items listed in the contract unless contract limits managements rights in a particular area
Reserved rights doctrine
petitioning union withdraws petition prior to election and then no elections for 6 months
Prior Petition Bar
an employer has voluntary recognized a union and there is a necessity to give time for negotiation
Voluntary Recognition Bar
there is no pending unfair labor practice charge
Blocking Year Charge
- NLRB has certified a bargaining rep
- there can be no election for 1 year.
Certification Year Bar
elections cant be held when one took place in the last 12 months
Statutory Bar
elections cant be held because a CBA is still active and valid
Contract Bar
- Act that originally provided railroad employees the right to organize and bargain collectively
- Now covers airline employees
Railway Labor Act
What are the components of principled bargaining?
- separate the people from the problem
- focus on interest not positions
- create options for mutual gain
- insist on objective criteria
Define positional or distributive bargaining?
winner takes all
employers permit employees to present their issues before an internal committee comprised of employees and management
peer review panel
contract between a union and an employer under which the employer agrees not to oppose a union attempt to organize its work force
Neutrality Agreement
Labor Management Reporting and Disclosure Act
protects rights of union member from corrupt or discriminatory labor unions
What is the other name for the landrum-griffin act?
Labor Management Reporting and Disclosure Act
define ombudsman
designated impartial person not involve in dispute who can give counsel to employees to resolve complaints
T/F Target benefit plan is a non qualified plan
F
allows for catch-up contributions to the retirement plan of employees of 50 and older?
Economic Growth and Tax Relief Reconciliation Act
Company B has cut funding to their company’s day care program. Employees are not happy and they do not serve the customer as efficiently. Their customers aren’t happy. What factor should they pay close attention to?
A. Turnover
B. Accidents
C. Orientation program
D. Customer satisfaction
customer satisfaction
performance management tool focusing on the financial output of every element that can effect employee performance
balanced scorecard
employee is not discharged from company after a history or pattern of putting other employees in harms way and causes other employees injury
negligent training
employer is free to discharge individuals “for good cause, bad cause, no cause at all,” and the employee is equally free to quit, strike, or cease work anytime. burden of proof rests upon the discharged employee.
at-will
violation of discrimination law. If employer violated employment laws, or constitutional rights, breached employee/employer contract, violated employers own firing policy, fired for absence for jury duty, or fired under guise of false statement of fact
wrongful termination
physical or electronic intrusion of ones private quarters, Public disclosure of private financial, personal, health information. Unauthorized use of a persons name for benefit.
invasion of privacy
Mark sends out ideas to his company for a new benefits package. Another employee suggests an idea, and Mark uses it without giving him credit. What ethics principle is this violating?
A. Professional responsibility
B. Ethical leadership
C. Professional development
D. Fairness and justice
a
Shelly is a manager and she adamantly interviews every employee that was injured in the past to determine where management failed. What value did her company instill in its employees?
A. Improved communication
B. Strong management
C. Effective medical training
D. Proactive approach to safety
b
What are the components of environmental scanning?
- economic
- competition
- political
- global
- technical advancements
- demographics
Implied contract exceptions
employer may not fire an employee when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists, burden of proof is on the fired employee
Roosevelt’s attempt to reverse the great depression. Ruled unconstitutional after 2 years by supreme court.
National Industrial Recovery Act 1933
Company A’s head supervisor is rumored to be verbally abusive towards employees. The employees’ performance is starting to suffer as a result. They devise a survey to:
A. Express feelings, opinions heard from employees
B. Tackle problems before become major
C. Benchmark
D. All of the Above
b
the pay rates are based on current employees pay and the task they perform and employees who do less are paid less in comparison to that employee
leveled data
Positive motivation = constant maintenance of employee Achievement, Recognition, Responsibility, Advancement, growth – leads to happier employee
Motivational hygiene Theory
Jackie is a friend of a manager who works at an expensive restaurant. She tries to get a discount on her meal, claiming her manager friend said it was OK. What is this?
A. Wrongful termination
B. Invasion of privacy
C. Implied contract exception
D. Defamation
b
internal business functions in retaliation to customer satisfaction
Business Processes
What event is considered to be the spark that led to labor pressing for better conditions?
Triangle Fire
What is an economic weapon?
- strikes
- picketing
- boycotts
This organization fought for these goals:
1) 8 hr work day
2) elimination of child labor
3) Elimination of convict labor
4) Establishment of cooperatives to compete with capitalism
5) equal pay for equal work
6) government ownership of telegraph facilities and railroads
7) public land policies that favored settlers over speculators
8) progressive income tax
Knights of Labor
- characterized by aggressive collective bargaining techniques
- significant local autonomy
- represents workers in trucking and warehouse industries
Teamsters
What judicial tool did courts use in the past to repress the growth of labor unions?
Conspiracy in Constraint of Trade
Occurs when two or more persons plan to injure another person in an unlawful way or to commit an unlawful act
Conspiracy
- prohibited yellow dog contracts
- limited jurisdiction of federal courts to grant injunctions in labor disputes
Norris-LaGuardia Act
define yellow dog contracts
a contract between a worker and an employer in which the worker agrees not to remain in or join a union.
legal case in which the Massachusetts Supreme Court ruled that the common-law doctrine of criminal conspiracy did not apply to labour unions
Commonwealth v. Hunt, (1842)
define employee
individual who performs services for another for compensation under circumstances where the person for whom the services are performed has the right to control the manner and means in which those services are performed
independent contractor
person who performs services for another for compensation under circumstances where the person performing hte services retains teh right to determine the manner and means of how the services are to be performed
define employer
person who hires employees to perform services for compensation and who exercises control over the manner and means the employees will use in performing those services
define single employer
two or more persons (individuals or business organizations) that constitute a single integrated enterprise by reason of their common ownership or control of the fact that they are functionally a continuous operation or production process
When is polling by employer to gauge interest levels in unionization?
1) The employers sole purpose is to determine whether a union demanding voluntary recognition without an election represents a majority of employees
2) employees are notified what the purpose of the poll is
3) the employees are given positive assurances that there will be no retaliation
4) polling conducted in non-coercive atmosphere
What are the rights of workers under the NLRA Section 7?
1) form, join or assist unions
2) bargain collectively
3) engage in concerted activities
4) refrain from any of the above
group of actions by workers in pursuit of legitimate employment goals and objectives
Concerted Activities
picketing and striking are examples of ____
concerted activities
What are the 2 primary functions of the NLRB?
1) Supervises and conducts representation elections
2) determines unfair labor practice charges against employers and unions
What are the jurisdictional thresholds of the NLRB?
$50,000 to $500,000 annual dollar volume in interstate commerce
What employers are not covered by the NLRA?
-Federal and state government bodies covered by Railway Act
What employees are not covered by the NLRA?
- Ag workers
- independent contractors
- domestic servants
- supervisors
- employees of a parent or spouse
- employees of exempt employers
_______ refers to a procedure by which a group of employees are given opportunity to decide whether to be represented as a distinct group or to be represented as a larger established unit.
Globe Election
In what two ways are bargaining reps selected?
1) voluntary recognition
2) certification election in which union wins
After petition is filed for representation with the NLRB, the union must demonstrate at least 30% of employees eligible to vote. this is called ——-
showing of interest
a group of employees with a clear and identifiable community of interests who are (under U.S. law) represented by a single labor union
bargaining unit
In selecting a bargaining unit, what are the two factors taken into account?
1) size of unit
2) composition of unit
The NLRB makes decisions about what is an appropriate unit based on the extent to which employees in the unit have common interests and working conditions. This is called ———
Community of Interests
What factors are utilized by the NLRB to define a community of interests?
- job functions
- skills
- pay
- supervision
- significant interaction between employees
Can employees who deal with priveleged financial and personnel information and non-full-time employees be part of a bargaining unit?
no
As management, when is it ok to discuss union activities or sympathies with employees?
- questioning must be isolated
- atmosphere must be free of coercion or intimidation
Will the NLRB conduct a rep. election while unresolved unfair labor practice charges are pending?
no
What are the NLRB’s no-solicitation rules?
1) Discussion of union representation during work time and in work areas can be prohibited
2) Employees have a right to discuss union representation and working conditions in non-work areas during non-work time
Define excelsior list
company must furnish to the union a list of name and addresses of employee prior to an election to give them access to those employees
union elections may only be held once per year
election year rule
union election may not be held withing one year after a union has been certified by the NLRB
certification year rule
prevents a representation election from being held while a written collective bargaining agreement is in effect up to a max period of three years. petition for election can only happen 60 to 90 days prior to expiration of contract
contract bar rule
if an employer voluntarily recognized a union in good faith a subsequent petition would be barred for a reasonable period of time
recognition bar rule
election conduction by the NLRB in which employees represented by union vote to disestablish the union as their representative
decertification election
substantial evidence rule
rule of law in unfair labor practice cases that factual findings of the NLRB will be accepted by a reviewing court if they are supported by substantial evidence on the record considered as a whole, even if the reviewing court would have found otherwise had it considered the case in the first instance
How long is the statute of limitations for unfair labor practice filing?
6 months
the following are examples of what?
- polling employees about union sympathies w/out assurance of no retaliation
- surveillance of employees engaging in protected activities
- predictions of plant closings if union selected
- promises of wage increases for those who reject union
- coercing employees into filing decertification petition
independent interference, restraint, and coercion
define union domination
influence of employer is so pervasive that the union is not able to function freely and effectively as an independent entity in representing employees
financial or other assistence given to a union by an employer
assistance to a union
refusing to to rehire union workers during an employer lockout unless they resign from union
employment discrimination based on union affiliation
an employer will not be held responsible for remedying an employment discrimination unfair labor practice if the employer can show that the adverse action would have occurred regardless of employer motive
Wright Line Test
applies to employees who work under a union contract that contains a union security clause and permits employees who choose to do so to only pay fees to the union related solely to the costs of collective bargaining
Financial core membership
right to work state
relating to or promoting a worker’s right not to be required to join a labor union.
requires that an employer and a union meet at reasonable times with an open mind and a sincere desire to reach an agreement if possible but it does not require either party to agree to a proposal or make a concession
good faith bargaining
legal principle that in every employment contract there is an implied covenant that the parties will deal with each other honestly and in good faith
covenant of good faith and fair dealing
What are the 3 exceptions to the at-will doctrine
- public policy exception (whistleblower)
- covenant of good faith and fiar dealing
- implied contract exception
requires that a reasonable person viewing all of the circumstances would reach the conclusion that the discharge was not fair or justified
Just cause standard
define employment
1) wages
2) hours
3) other terms and conditions of employment
protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.
NLRA
prescribes standards for wages and overtime pay, which affect most private and public employment.
FLSA
imposes a wide range of fiduciary, disclosure and reporting requirements on fiduciaries of pension and welfare benefit plans and on others having dealings with these plans. These provisions preempt many similar state laws.
ERISA
requires employers with more than 50 employees to provide workers with up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, for the serious illness of the employee or a spouse, child, or parent, or for emergencies related to a family member’s active military service, including childcare requirements. If the active servicemember becomes seriously ill or is injured in the course of their duties, coverage may be extended for up to 26 weeks of unpaid leave during a 12-month period.
FMLA
generally relates to serious misconduct, such as violating company policy, failing a drug test, or breaking the law.
termination for cause
believe that discrimination was involved in your separation from the company,
wrongful termination
Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, with data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.
e-verify
Benefits a company must provide their employees. These usually include social security taxes, unemployment insurance, worker’s compensation, disability insurance, leave benefits and family and medical leave.
statutory benefits
When new employees are added to an existing bargaining unit because of the acquisition of a new facility or creation of a new job description. The community of interest test is used to determine whether the new employees belong in the bargaining unit.
accretion
one who pays the union an agency fee in lieu of regular union dues.
agency employee
fee paid to the union by members of the bargaining unit who have not joined the union. This fee is considered compensation to the union because the union must represent all employees regardless whether they are members or not. Also referred to as Fair Share Fees.
agency fee
A union security clause that requires a bargaining unit employee to pay a service fee equal to union dues even though the employee chooses not to join the union.
Agency Shop
may result when the same owner and manager of one company shuts down operations and reopens doing the same thing but with a new name.
alter ego
A small card signed by employees authorizing the union to act on behalf of that employee even though that employee is not a member of the union.
authorization card
organization that is the exclusive representative of all employees in a bargaining unit.
bargaining agent
the straight time rate of pay, excluding premiums and incentive bonuses.
base rate
When one party to a representation election (typically the union) files an unfair labor practice (ULP) charge with the National Labor Relations Board in an effort to get the election postponed until the ULP is resolved.
blocking charge
union’s concerted refusal to work for, purchase from, or handle the products of an employer.
boycott
targeted at neutral employers in an attempt to get the neutral employers to stop doing business with the company that the union is having a dispute. this is illegal.
secondary boycott
A right arising from the collective bargaining agreement where employee who would otherwise be scheduled for layoffs are permitted to displace less senior employees in other job classifications for which they are qualified.
bumping
Compensation to workers who report to work but are later sent home. Examples include collective bargaining agreements include “show up pay” when employees are erroneously called to return to work for overtime and then sent home; when an employer reports to work but is sent home due to insufficient work to be done.
Call-In Pay
Method of talking to each union member to convey information, gather information, or plan for concerted activity like a strike.
canvas
A union term for meetings called by management and held on company time. The purpose of these meetings is typically to convey facts about union organizing to employees. Employees are paid for their attendance at these meetings.
captive audience meeting
A method of organizing a union without holding a secret ballot election. Signed authorization cards are checked against a list of employees in a prospective bargaining unit to determine if the union has a majority of employees’ signature on cards.
card check
Official recognition by the NLRB that an employee organization is the exclusive representative for all employees in an appropriate bargaining unit for the purpose of collective bargaining.
certification
The party filing the unfair labor practice charge or grievance.
charging party
Place of employment where employees must become members of the union before being hired. this is illegal
closed shop
Formal paper issued by the NLRB to start an unfair labor practice hearing before an Administrative Law Judge.
complaint
An employee whose job requires access to confidential information that contributes to the development of labor management relations. not part of bargaining unit
confidential employee
NLRB Form 651 that serves as an agreement between the employer and the union that both sides will be bound the decision of the NLRB Regional Director in a representational vote. By consenting, the parties waive their right to an appeal. Consent agreements are the same as stipulation certificates.
consent agreement
A secret ballot election for union representation agreed to by management, employees, and the union
consent election
When two or more unions cooperate to bring about changes in contract language that affects all unions involved.
coordinated bargaining
Deployment of strategic pressure against an employer during a union organizing drive or negotiations. This pressure is multifaceted and involved attacking the employer’s social, financial, and political networks and mobilizing union members in a comprehensive approach.
corporate campaign
Organization of workers who perform skilled or semi-skilled labor ex. electricians
craft union
When an employer operates two closely related companies – one union and one non-union. Double breasted employers generally assign most of its work to the non-union operation.
Double Breasted Operation
When an employer deducts union dues from members’ paychecks and remits the dues money to the union.
dues check off
A union’s obligation to represent all people in the bargaining unit as fairly and equally as possible. A violation of this duty occurs when the union acts arbitrary, discriminatory, or in bad faith.
duty of fair representation
A work stoppage by employees seeking economic benefits such as wagers, hours, or other working conditions.
economic strike
can economic strikers be replaced?
yes
his law requires that persons engaged in the administration and management of private pensions act with the care, skill, prudence, and diligence that a prudent person familiar with such matters would use. The law also sets up an insurance program under the Pension Benefit Guarantee Corporation (PBGC) which guarantees some pension benefits even if a plan becomes bankrupt.
ERISA
The right of a certain union that has been certified by the NLRB or other government agency to be the only official union representing a particular bargaining unit.
exclusive bargaining rights
insistence by unions on employment of unnecessary workers, i.e. demanding payment for work no longer performed by workers because of machines or robots. dramatically increases labor costs and decreases productivity.
featherbedding
A union-used derogatory term to describe an employee who works in an open shop and chooses to not join the union but is still covered by the collective bargaining agreement.
free rider
When employees pass out literature protesting working conditions, independent contractors, or an employer’s bargaining position. generally occurs at the entrance to an employer’s parking lot so vehicles that enter must stop and receive the literature. is a form of informational picketing.
handbilling
The process by which unions dispatch workers to employers on an as needed basis.
hiring hall
an agreement where an employer agrees to stop doing business with a non-union company, and if the employer purchases goods from or goods are delivered by a non-union company the union can refuse to handle those goods. outlawed in 1959.
hot cargo agreement
A strike that is called but is in violation of the law. For example, a strike that ignores “cooling off” restrictions or disregards a “no strike” clause is illegal
illegal strike
Court order forbidding unions to engage in certain activities defined. When employees strike, employers typically seek these to limit the number of strikers, as well as the location and hours of the strike activity.
injunctions
Fee required by most unions that all new members must pay before becoming members of the union.
initiation fee
Concerted activity by employees designed to put pressure on the employer without resorting to a strike. Examples include: wearing T-shirts, buttons, or hats with union slogans, holding parking lot meetings, collective refusal of voluntary overtime, reporting to work in a group, petition signing, jamming phone lines, etc.
job action
When two or more unions use one negotiating team to effect simultaneous contract settlement or identical contract language.
joint bargaining
A committee of equal numbers of union and management representatives that hear grievances.
joint committee
A term used when one employer possesses sufficient control over the work of the employees of another employer to qualify as a joint employer with the actual employer. This concept recognizes that the business entities involved are in fact separate but they share or co-determine those matters governing the essential terms and conditions of employment
joint employer
mended the original 1935 National Labor Relations Act to curb some of the rampant union power by requiring periodic reports by unions and regulating union trusteeships and elections.
Landrum-Griffin Act of 1955
Closing of a plant by management to pressure workers to accept the employer’s terms and conditions of employment. These typically occur during negotiations of collective bargaining agreements.
lockout
Certain rights that are not subject to negotiation include the right to manage to operate the employer’s organization. these rights clauses are expressly included in collective bargaining agreements and generally include the right to hire, fire, promote, suspend, and discharge employees, direct the work of employees, and establish operating policies.
management rights
A place of employment where employees do not have to belong to a union or pay union dues in order to continue working for that employer even though a collective bargaining agreement covers that place of employment. By law, the union must represent all employees, both union members and non-members, equally.
open shop
A group of employees in a non-union shop who are designated to represent their co-workers during the representation campaign.
organizing committee
When employees engage in an economic strike, the employer has the right to hire permanent replacement workers. If there is no back to work agreement between the union and the employer after the strike ends, employees replaced during the strike are put on a preferential hiring list, must wait for openings to occur, and are not guaranteed a future job with that company
permanent replacement worker
Federal law that regulates labor relations in the railway and airline industry. This law guarantees workers in the railway and airline industry the right to form a union and bargain collectively, severely controls the timing and rights to strike, and bargaining units are national instead of workplace specific like under the NLRA.
Railway Labor Act of 1926
A worker who is brought into the unionized facility to replace a union member that chose to go on strike
replacement worker
A union term for when an employer transfers work from one plant to another plant, usually in another city or state. To counter employer’s ability to relocate production away from a unionized facility, unions seek unambiguous contract language forbidding any movement of corporate assets or production.
runaway shop
A legal doctrine that treats two or more related enterprises as a single employer.
single integrated employer
system designed to increase worker productivity without increasing compensation
speed up
when can non-solicitation policies become invalid?
if the employer picks and chooses which organization it allows to solicit, i.e. Girl Scouts for their cookies, and which organizations cannot solicit.
A union-used term for a non-employee who is brought into the unionized facility to replace a union member who chose to go on strike
strikebreaker
acquires an already existing unionized operation and continues that operation in approximately the same manner as the previous employer, including the use of the previous employer’s employees.
successor employer
An amendment to the National Labor Relations Act that sought to curb imbalanced power in favor of unions by adding provisions to the Act allowing unions to be prosecuted, enjoined, and sued for a variety of activities, including mass picketing and secondary boycotts
Taft-Hartley Act of 1947
Twenty-Four Hour Rule
Employers are prohibited from making election speeches to employees within 24 hours before a scheduled election. Unions, on the other hand, can continue to communicate with employees about union representation during this time period.
When employees engage in an unfair labor practice strike, the employer has the right to hire replacement workers.
Unfair Labor Practice Replacement Workers
T/F Once the NLRB has ruled that the strike was in fact an unfair labor practice strike, the employer must terminate the unfair labor practice replacement workers and return the strikers to their pre-strike positions
T
When employees strike over an unfair labor practice. Employees cannot be easily replaced in this case
Unfair Labor Practice Strike
A form of union security provided in a collective bargaining agreement that requires employees to belong to or pay dues to a union as a condition of continued employment.
union shop
union shops exist in right to work states
false
The rights of employees covered by the NLRA to request union representation during investigatory interviews if they reasonably believe that the interview could result in discipline.
Weingarten Rights
A spontaneously organized strike, typically triggered by an incident on the job that is undertaken without official union authorization.
wildcate strike
t/f wildcat strikes are illegal
no but they are not covered by NLRB
Agreement where an employee promises to not join a union if hired. this is illegal.
yellow dog contract
A type of damages award in an employment lawsuit that represents the amount of money the employee would have earned if the employee was not fired or denied a promotion illegally.
back pay
A type of employment benefits plan in which the employee selects benefits from a “menu,” up to a specified dollar amount.
cafeteria plan
A legal concept under which people who work similar jobs of similar worth to the employer must be paid the same regardless of gender.
comparable worth
A type of termination of the employment relationship in which the employee quits, but the employer is liable as if a wrongful termination occurred, because the employee was forced to resign due to intolerable working conditions.
constructive discharge
A work environment that is so charged with harassment or similar unwanted behavior that it interferes with the ability to do one’s job and is said to violate anti-discrimination laws.
hostile work environment
type of enforceable contract that is not made explicitly, but is implied from the circumstances or the parties’ conduct.
implied contract
A written set of specific, results-oriented procedures to be followed. Intended to remedy the effects of past discrimination against or underutilization of women and minorities. The effectiveness of the plan is measured by the results it actually achieves rather than by the results intended and by the good faith efforts undertaken.
affirmative action plan
Any prerequisite that has been demonstrated to be valid as a qualification for employment.
BFOQ
In discrimination cases, the plaintiff must show that an action, practice, or policy used by the employer has an adverse impact.
burden of proof
Under the Uniform Guidelines on Employee Selection Procedures, necessary to the safe and efficient operation of the business, that it effectively carries out the purpose it is supposed to serve, and that there are no alternative policies or practices which would better or equally well serve the same purpose with less discriminatory impact.
business necessity
Includes, but is not limited to, salaries, wages, hours of work, vacation allowances, sick and injury leave, number of holidays, retirement benefits, insurance benefits, prepaid legal service benefits, wearing apparel, premium pay for overtime, shift differential pay, jury duty, and grievance procedures.
conditions of employment
What are the conditions that need to be met in order to establish constructive discharge?
1) reasonable person in the employee’s position would have found the working conditions intolerable,
2) the employer’s conduct that constituted the violation against the employee created the intolerable working conditions
3) the employee’s involuntary resignation resulted from the intolerable working conditions.
disparate effect
The tendency for a test, selection of job qualifications, or other employment practice to screen out or otherwise limit the employment opportunities of a certain group at a greater rate than others. Also called “adverse effect” or adverse impact.”
Unequal treatment in employment opportunities because of one’s race, color, religion, sex, age, ancestry, national origin, disability, or veteran’s status
disparate treatement
A criterion or process is _______ if it does not make any reference to a prohibited factor and is equally applicable to everyone regardless of race, gender, or ethnicity; i.e., is not discriminatory on its face.
Facially neutral selection standard/criteria
Activities that an average person can perform with little or no difficulty. Examples are walking, speaking, breathing, performing manual tasks, seeing, hearing, learning, caring for oneself, working, sitting or standing.
major life activities
Remedies for discrimination that restore the victim of discrimination to his or her rightful place, i.e. the position, both economically and in terms of employment status, that the victim would have occupied had the discrimination never taken place.
make whole
Action taken by an employer on the basis of a self-analysis to investigate and correct its employment practices in order to receive or qualify for a federal contract or grant.
mandatory affirmative action
Refers to the initial burden of the complainant to show actions taken by the employer are more likely than not to be discriminatory, if such actions remain unexplained.
prima facie
determination made by an enforcement agency, after an investigation of a charge of employment discrimination, that there is a basis “to believe that the charge is true.”
probable cause
Non-chronic disabilities of short duration that usually have little or no long-term impact. For example, broken limbs, sprains, concussions, appendicitis, common colds, or influenza.
temporary disabilities
Principles designed to assist employers, labor organizations, employment agencies, and licensing and certification boards comply with federal laws prohibiting employment practices that discriminate on the grounds of race, color, religion, sex, and national origin
Uniform Guidelines on Employee Selection Procedures
OSHA requires that the employer provide safety training to all new employees and to all employees who have been transferred to new positions
continual training requirement
a defense to a negligence action based on the injured party’s failure to exercise reasonable care for her or his own safety
contributory negligence
union composed of all employees across an industry , regardless of the type of job or field
industrial union
Which act established unfair labor practices for union?
LMRA 1947
What does section 7 of the LMRA establish?
prohibits unions from restraining or coercing employees in the exercise of rights guaranteed by section 7(4)
T/F an employee may not exercise right to Beck rights to refuse to pay any portion of union dues that are unrelated to collective bargaining purposes
F
seniority based upon an employees union office or position rather than the length of employment tenure with employer
super seniority
T/F fining a former union member who has resigned from union membership for crossing a picket line during a strike would be unlawful
T
What method can a union use to try to get their chosen employer bargaining representative?
persuasion
Can a union attempt to exert pressure on an employer to cause employment discrimination against an employee?
no
What is a necessary element of both employer and union employment discrimination unfair labor practices?
unlawful motivation
employer with whom the union has a dispute
primary employer
secondary employer
employer with whom the union does not have a dispute
What are the two types of coercive conduct unions are no permited?
1) engaging in strike or encouraging others to engage in a strike
2) threatening, coercing or restraining persons
WHat is the formula for union unfair labor practices?
Coercive conduct+unlawful purpose=ULP
What is the exception to the hot cargo prohibition?
construction industry (but not suppliers or others not directly involved)
occurs when a union engages in coercive conduct against a secondary employer for the purpose of forcing that employer to cease doing business with a primary employer
secondary boycot
What are the 3 essential elements of secondary boycotts?
1) coercive action
2) exerted against neutral party
3) for the purpose of forcing neutral employer to cease doing business with the primary employer
occurs when a union takes coercive action against an employer in furtherance of a dispute between competing groups of employees about which group is entitle to perform the work
jurisdictional dispute
evidentiary hearing conducted by NLRB to determine which of two or more competing groups of employees are entitled to perform disputed work
Section 10(k) hearing
secondary employer that has involved itself in a primary labor dispute by providing operating assistance to the primary employer and thereby losing its neutrality
ally
when a union pickets an employer for the purpose of forcing an employer to recognize and bargain with the union as a rep of the group of employees
recognitional picketing
When is picketing for recognition a ULP?
when the union has not filed a petitions with the NLRB and pickets for more than 30 days
T/F Employees are protected when wearing union buttons, t-shirts, etc. unless special circumstances permit
T
protects a person’s
- physical safety
- enjoyment of their property
- Financial resources
- Reputation
Tort Law
An employee can file for tort for damage to reputation by making a false and malicious statement. In order to prosecute, it must meet these criteria
- Statement must be false and malicious
- Statement must harm employee’s reputation
- Make w/out legitimate business reason
a clause in a labor contract that specifies all employees must either join the union or pay union dues if they chose not to join the union. Dumb
agency shop
An employer asks a neutral employee to produce the work that would normally be performed by the striking workers, the neutral employee becomes an ally of the struck employer and is therefore a target of a picket line
ally doctrine
2 businesses have interrelated operations, central control of labor relations, common management, and common ownership
alter ego doctrine
Binding Arbitration is a way of resolving conflicts without resorting to work stoppages. The parties to a dispute agree to accept the arbitrators deal as final
binding arbitration
one of the bars to union representation elections, a blocking charge is based on pending charges of unfair labor practices that prevent unions from petitioning the NLRB for an election
blocking charge bar
What are the 4 collective bargainin strategies?
- single unit
- parallell
- mulit-employer bargaining
- multi-unit bargaining
the union negotiates with more
than one employer in an industry or region at a time
multi-employer bargaining
occurs when
several unions represent different bargaining units in the company.
multi-unit bargaining
parallel bargaining
Also known as pattern bargaining, whipsawing, or leapfrogging, Occurs when the union negotiates with one of the employers in an industry at a
time.
prior-petition bar
When a union withdraws an election petition before the election takes place, the prior-petition bar prevents NLRB approval of another election for six months.
unlawful strike in which employees stop working and stay at the worksite.
sit down strike
equires all employees to join the union within a grace period specified by the contract but no fewer than 30 days or, in the construction
industry, 7 days.
union shop
The voluntary recognition bar to union representation elections
prevents an election for a reasonable period of time after an employer has voluntarily recognized
a union as the representative for a bargaining unit.
voluntary-recognition bar
prohibited Yellow Dog contracts
Norris La Guardia Act
Part of USERRA, an employee must be reinstated to the position they would have earned had they not gone on military leave
Escalator Position
. In a union setting the grievance procedure is a function of:
Harassing the supervisor
Pattern bargaining
Airing gripes
Conflict resolution
conflict resolution
The phases in the labor relations process are
Recognition, negotiation, and administration
A union shop is one where:
Membership is required within a specified time period after being hired
An informal process of agreement used by the EEOC for resolving charges of discrimination
conciliation
The Wagner Act (National Labor Relations Act) was enacted by Congress in:
1935
The “National Labor Code” includes
the Wagner Act
the Taft-Hartley Act
the Landrum-Griffin Act
Contract provisions to aid the union in obtaining and retaining members are referred to as:
union security provisions
What is the largest labor union?
National Education Assoc. (NEA)
What labor law amended the NLRA and added unfair union labor practices?
Taft-Hartley Act
A firm that requires employees who refuse to join the union to pay amounts equal to union dues and fees for the union’s representative service is known as:
agency shop
The LRMA was enacted by which of the following acts:
Taft-Hartley Act
Perception of the work environment,
desire to participate
strong beliefs about the union.
three psychological determinants that influence a person’s decision to join or avoid a union.
What is a consent election?
An agreement between an employer and the union to waive the pre-election hearing.
employee who must join the union as a condition of employment?
union shop
Which of the following is considered illegal?
Agency shop
Union shop
Closed shop
Hiring halls
closed shop
The NLRB can waive an election based on all except:
The authorization cards are clear and unambiguous
Employees’ signatures were obtained through threatening and coercing
A fair and impartial election is impossible based on the employers conduct.
The majority of the employees have signed union authorization cards.
Employees’ signatures were obtained through threatening and coercing
In an unionized organization which group of employees are more likely to have their own bargaining unit :
Security Guards
Janitors
Electricians and other skilled employees
Unskilled laborers
security guards
Organizational picketing is done to:
Promote employees acceptance of the union as their representative
The collective bargaining agreement should guarantee specific rights to the employer except:
Rights to determine what product or services they will produce
Restrict the unions use of the company’s property for union meetings
The employer can not file charges against the union
The employer can discipline employees for “just cause”
The employer can not file charges against the union
Mandatory topics of negotiation is established by:
NLRB
Parallel or pattering bargaining is most common in what industry?
automotive
Principled negotiations is not based on:
Separate the people from the problem
Focus on positions
Invent options for mutual gains
Insist on objective criteria
focus on positions
- What reasons does an employer have to not give the union requested information?
The union requests information for non bargaining related purposes
If the cost of providing the information is prohibitive to the employer
It would violate trade secrets of the employer
The employer must provide all information requested by the union
It would violate trade secrets of the employer
A company that wants to change an existing collective bargaining agreement must notify the other party how many days in advance prior to the expiration of the contract?
60 days
What is the final step in the grievance procedure?
third party determination
Federal Labor Relations Council
The governmental agency that watches over public sector labor management relations is:
Civil Service Reform Act
What law governs collective bargaining among federal employees?
If an employee files a grievance who is the person that has first opportunity to solve the grievance?
First Line Supervisor
negotiation of wages and other conditions of employment by an organized body of employees.
collective bargaining
a refusal to work organized by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer.
strike
what are the two types of strikes?
- economic strike
- unfair labor practice strike
economics strike
situation in which there is a strike, lockout, or dispute between an employer and an employee over usual mandatory issues such as wages, hours, benefits, unfair practices of employer or working conditions of the employees.
ULP strike
strike in protest of an employer’s unfair labor practices
When are strikes and picketing lawful?
when they are directed against the primary employer with whom the dispute exists
T/F partial or intermittent strikes are legal
F
When can an employer replace strikers?
during an economics strike
What must employers offer to strikers who have been replaced during an economic strike?
they must give them preferential rehire when the positions become available again
What rights do unfair labor strikers have?
- cannot be permanently replaced
- unconditionally entitled to rehire after strike
T/F a strike that begins as an economic strike cannot be converted to an unfair labor strike
F
define sympathy strikes
when one union strikes in support for another involved in a dispute, even though the first union has no disagreement with the employer. It is a labor strike that started by workers in one industry and supported by workers in a separate but related industry.
common law rule of evidence that extrinsic evidence will not be received for the purpose of altering or varying the words of a clear and unambiguous written contract
parol evidence rule
in what manner is the parol evidence rule applied in labor contracts
loosely because the conduct of the parties in creating the labor agreement is a rich source of its meaning
Section 301 of LMRA
suits for violations of contracts between an employer and a labor organization may be brought in any district court of the US
legal obligation of a union that represents a group of employees to represent all of them in good faith without hostile discrimination
union duty of fair representation
2 types of union breaching duty of fair representation
- hostile or invidious discrimination
- perfunctory representation
define hostile/invidious discrimination by a union
conduct of union toward an employee is based on the fat that the employee is disliked or disfavored
define perfunctory representation
conduct of a union toward an employee is unsupported by any rational basis and that results in injury or disadvantage to the employee
cause of action in which the employee claims that the employer breached a labor contract and the union breached its duty of fair representation
hybrid section 301/breach of the duty of fair representation suit
what are the two requirements to prove a Hot Cargo agreement?
1) evidence of coercive action by union
2) to enforce the agreement
what is the Hot Cargo exceptions for the garment industry?
- exempts jobbers, manufacturers, contractors, or subcontractors in the garment industry
- union may engage in strike or picketing to obtain and to enforce its petition
hen an employer and a union come to an agreement before any workers are hired. This is widely utilized in the construction industry. employees did not vote in union
pre-hire agreement
why are pre-hire agreements allowed in construction industry?
because they are hired for short periods of time
T/F In an Equal Pay Act case, the relevant comparison is between males and females performing precisely identical jobs.
F
T/F The Moore Dry Dock Standards are guidelines to minimize the incidental secondary effects of otherwise lawful primary picketing.
t
T/F A collective bargaining agreement which provides for payment to employees for holidays not worked is unlawful featherbedding in violation of the LMRA.
f
Guards are employees who are primarily engaged in the protection of the employer’s ___.
property
In determining what is an appropriate collective bargaining unit, the NLRB considers both the size and \_\_\_ of the unit. Select one: a. composition b. placement c. number d. shape
a
A union may strike to obtain or enforce a hot cargo agreement in the \_\_\_ industry. Select one: a. construction b. textile c. manufacturing d. garment
d
The Pullman strike in Chicago in 1894 was highly successful for labor.
Select one:
a. False
b. True
f
Construction unions have traditionally justified demands for high wages and benefits on the basis that construction work is \_\_\_\_. Select one: a. seasonal b. heavy c. dangerous d. slow
a
The right to strike is a \_\_\_ right. Select one: a. temporary b. powerful c. extensive d. limited
d
Hot cargo agreements are unlawful only if the employer is coerced into entering into the agreement.
Select one:
a. True
b. False
f
Union fines for members who do not regularly attend union meetings is an unfair labor practice.
Select one:
a. False
b. True
f
\_\_\_ had a strong influence in shaping American labor and employment law. Select one: a. Progress b. History c. Politics d. Industrialization
politics
The question of whether an employer which acquires a business is a successor employer depends upon the manner of the acquisition, the continuity of the predecessors business, and the \_\_\_ of the workforce. Select one: a. composition b. continuity c. classification d. type
b
The retaliation employer unfair labor practice is designed to protect the \_\_\_ of the statute. Select one: a. constitutionality b. fairness c. legality d. integrity
b
The strike of the Air Traffic Controllers (PATCO) in 1981 was illegal because the workers were \_\_\_. Select one: a. government employees b. violent c. temporary d. wildcatters
a
The basic remedy for an employer’s unlawful aid or assistance to a union is \_\_\_. Select one: a. fine b. cease and desist c. injunction d. disestablishment
b
Implementation of a final offer by an employer is permissible after \_\_\_. Select one: a. picketing b. 30 days c. impasse d. notice
c
A breach of the duty of fair representation occurs when a union’s conduct toward an employee it represents is hostile or \_\_\_. Select one: a. arbitrary b. unfair c. unlawful d. negligent
a
The Homestead strike in 1892 greatly enhanced Andrew Carnegie’s reputation as a benevolent employer.
Select one:
a. True
b. False
f
ERISA is a federal statute which regulates employee health and pension plans.
Select one:
a. False
b. True
t
Without an adequate showing of interest the NLRB will not proceed with \_\_\_. Select one: a. a charge b. an election c. a case d. an objection
b
The public policy exception to the at-will employment doctrine is also known as the ___ exception.
Select one:
a. just cause
b. covenant of good faith and fair dealing
c. whistleblower
d. implied contract
c
Supervisors are not permitted to vote in representation elections because they are not employees.
Select one:
a. True
b. False
f
\_\_\_ is an essential element of the duty to bargain. Select one: a. fairness b. power c. reason d. good faith
d
Prehire agreements are permitted in the construction industry because of the \_\_\_ of employment in the industry. Select one: a. weakness b. compensation c. duration d. nature
c
Wages are part of the employee’s \_\_\_ in the employment contract. Select one: a. consideration b. intent c. capacity d. acceptance
a
Under the Wright Line Test an employer’s unlawful conduct will be excused if it can be shown that the \_\_\_ action would have occurred regardless of unlawful motivation. Select one: a. illegal b. discriminatory c. adverse d. bad
c
An at-will employee may be discharged for any reason unless the discharge violates a contract or \_\_\_. Select one: a. fairness b. statute c. rule d. investigation
b
The just cause standard applies to terminations of employment in most \_\_\_ contracts. Select one: a. public b. union c. employment d. construction
b
The Reserved Gate Doctrine is designed to minimize the effects of secondary picketing.
Select one:
a. False
b. True
f
Sit down strikes are legally protected.
Select one:
a. False
b. True
f
The Industrial Workers of the World commonly known as the Wobblies took a generally confrontational approach to labor-management relations.
Select one:
a. True
b. False
t
The purpose of picketing is to \_\_\_ a labor dispute Select one: a. counteract b. legitimatize c. advertise d. win
c
The weakness of the theory of freedom of contract is its failure to recognize the fundamental\_\_\_\_ between employers and employees. Select one: a. net worth b. inequality c. unfairness d. cooperation
b
Union security clauses are permitted as an \_\_\_ to the prohibition of discriminating on the basis of union membership. Select one: a. exception b. encouragement c. incentive d. enforcement
a
Employers have a legitimate interest in the hours of work of employees because of the need for operational \_\_\_. Select one: a. integrity b. accountability c. efficiency d. legality
c
Defensive lockouts are permissible to protect against anticipated \_\_\_. Select one: a. loss b. competition c. controversy d. publicity
a
Employees are required to exhaust dispute resolutions procedures in a collective bargaining agreement before filing suit for breach of contract.
Select one:
a. False
b. True
t
The two primary functions of the National Labor Relations Board are to hold representation elections and determine \_\_\_. Select one: a. administration b. objections c. regulations d. unfair labor practice cases
d
The duty of fair representation makes a union liable for representing employees negligently.
Select one:
a. True
b. False
a
One of the tests of unlawful motive in unfair labor practice cases is the foreseeable effects of the conduct.
Select one:
a. False
b. True
t
\_\_\_ is added to monetary remedies for unfair labor practices. Select one: a. enhancement b. fines c. injunction d. interest
d
An agreement which requires an employer to employ only union subcontractors on a construction project is lawful.
Select one:
a. True
b. False
t
Supervisors are not protected by the National Labor Relations Act.
Select one:
a. True
b. False
t
The Clayton Act limited the jurisdiction of courts to use \_\_\_ as a means of restraining labor. Select one: a. injunctions b. freedom of contract c. sheriffs d. laissez-faire
a
Motive is an essential element of an interference, restraint or coercion employer unfair labor practice.
Select one:
a. True
b. False
f
Picketing on private property is permitted if a union does not have reasonable \_\_\_. Select one: a. methods b. assistance c. alternatives d. ability
c
A sympathy strike is a strike to gain public support.
Select one:
a. True
b. False
f
Jurisdictional disputes have to do with the \_\_\_ of work. Select one: a. content b. assignment c. availability d. compensation
b
All employer unfair labor practices contain some elements of interference, restraint or coercion of employees in the exercise of Section 7 rights.
Select one:
a. True
b. False
t
One of the purposes for prohibiting employer domination of unions is to avoid \_\_\_ contracts. Select one: a. sweetheart b. unfair c. expensive d. bad
a
A joint employer is two or more employers who exercise common \_\_\_ over the same group of employees. Select one: a. benefits b. wages c. control d. identity
c
Alter ego occurs when two or more employers are virtually \_\_\_ to each other. Select one: a. opposed b. communicating c. different d. identical
d
The Railway Labor Act was the first attempt by Congress to establish \_\_\_ as national policy. Select one: a. laissez-faire b. collective bargaining c. freedom of contract d. fair wages
b
In the formula C + P = ULP, the P stands for unlawful \_\_\_. Select one: a. purpose b. principle c. project d. power
a
Modern American labor and employment law is largely the result of statutes.
Select one:
a. True
b. False
a
It is an unfair labor practice for a union to refuse to permit an employee to join the union.
Select one:
a. False
b. True
f
Issues which the Board may consider in a hearing in a representation case include the appropriate unit, who may vote, and \_\_\_. Select one: a. constitutionality b. legality c. showing of interest d. jurisdiction
d
There are exceptions to the prohibitions against secondary boycotts in the garment and \_\_\_ industries. Select one: a. manufacturing b. construction c. railroad d. textile
b
Right to work states by statute prohibit \_\_\_ union membership. Select one: a. dues free b. compulsory c. voluntary d. financial care
b
Featherbedding involves pay for work not \_\_\_. Select one: a. useful b. available c. easy d. performed
d
Employers are free to poll their employees about whether they wish to be represented by a union without restriction.
Select one:
a. False
b. True
f
Eugene V. Debs was influential in organizing workers in the railroad industry.
Select one:
a. True
b. False
t
Health benefits are part of wages in the broad sense because they are part of the \_\_\_ for employment. Select one: a. privileges b. compensation c. terms d. conditions
b
The Railway Adjustment Board was a predecessor agency to the NLRA with somewhat similar functions in the \_\_\_ industry. Select one: a. manufacturing b. construction c. textile d. railroad and airline
d
Section 302 of the LMRA requires that employee benefit plans which are provided under a union contract must be jointly \_\_\_\_ by labor and management representatives. Select one: a. drafted b. funded c. underwritten d. administered
d
In the formula C + P = ULP, the C stands for \_\_\_ Select one: a. collective b. concerted c. compulsion d. coercion
d
The remedy for unlawful aid or assistance to a union is the disestablishment of the union.
Select one:
a. True
b. False
f
Arbitrators are preferable to judges for interpreting collective bargaining agreements because of their expertise in \_\_\_. Select one: a. labor contracts b. commercial transactions c. the law d. disputes
a
Mandatory subjects of bargaining have to do with wages, hours and other terms and conditions of employment.
Select one:
a. True
b. False
T
There are special rules for determining appropriate collective bargaining units in the \_\_\_ industry. Select one: a. textile b. construction c. railroad d. health care
d
Guards are not covered by the National Labor Relations Act.
Select one:
a. True
b. False
f
State courts are required to apply federal law in interpreting collective bargaining agreements.
Select one:
a. True
b. False
t
Double-breasted operations involve employers with different ownership and control.
Select one:
a. False
b. True
f
Prehire agreements are lawful in the \_\_\_ industry. Select one: a. garment b. construction c. manufacturing d. textile
b
Rule of \_\_\_ do not strictly apply in arbitration proceedings. Select one: a. law b. ethics c. evidence d. conduct
c
In yellow dog contracts workers agree that they will not join a union while they are employed by the employer.
Select one:
a. True
b. False
t
The Steelworkers Trilogy are Supreme Court cases explaining the \_\_\_. Select one: a. Beck rights b. domination or assistance c. discrimination d. duty to bargain
d
Making it an unfair labor practice for a union to involve a neutral in a labor dispute protects the \_\_\_ of the collective bargaining process Select one: a. strength b. integrity c. fairness d. legitimacy
b
LMRA §301 was intended to make the interpretation of collective bargaining agreements more \_\_\_. Select one: a. clear b. concise c. uniform d. easily understood
c
In a hybrid §301/breach of the duty of fair representation suit, an employee must prove both that the union breached the duty of fair representation and the employer breached the \_\_\_. Select one: a. contract b. law c. regulations d. rules
a
\_\_\_ strikes are selective strikes against employers. Select one: a. primary b. whipsaw c. recognitional d. secondary
b
By their very nature, strikes and picketing are examples of concerted activities.
Select one:
a. True
b. False
t
Only \_\_\_ strikes and picketing are legally protected. Select one: a. unfair labor practice b. primary c. temporary d. economic
b
A union which has been selected as a bargaining representative has a legal obligation to bargain with the employer.
Select one:
a. True
b. False
t
An employer with whom a union has a labor dispute is a \_\_\_ employer. Select one: a. joint b. secondary c. primary d. double-breasted
c
Union security clauses are unlawful in some \_\_\_. Select one: a. circumstances b. industries c. classifications d. states
d
NLRB representation procedures are initiated by the filing of a \_\_\_/ Select one: a. petition b. complaint c. charge d. objection
a
\_\_\_ strikes are not legally protected. Select one: a. economic b. unfair labor practice c. primary d. wildcat
d
It is an unfair labor practice for a union to exert pressure on an employer.
Select one:
a. True
b. False
f
An employer whose employees are represented by a union is permitted to make unilateral changes in the employees’ terms and conditions of employment.
Select one:
a. True
b. False
f
Laissez-faire is a socio-economic theory which advocates maximum government control of business.
Select one:
a. True
b. False
f
A union may not engage in picketing to obtain a hot cargo agreement.
Select one:
a. False
b. True
t
The refusal to bargain unfair labor practice is designed to \_\_\_ the bargaining power of the employer and employees. Select one: a. determine b. contrast c. equalize d. enforce
c
Employees and independent contractors are treated the same under the law.
Select one:
a. True
b. False
f
A union may not enforce a union security clause against an employee whom it has denied membership.
Select one:
a. True
b. False
t
\_\_\_ prohibits states from restricting strikes and picketing in a manner which is inconsistent with federal law. Select one: a. preemption b. executive orders c. statutes d. regulations
a
Among the specific goals of the Noble Order of the Knights of Labor were elimination of child labor, equal pay for equal work, and \_\_\_. Select one: a. safety in mines b. vacations c. jobs d. an eight hour work day
d
A Section 10(k) hearing has to do with the \_\_\_ of work. Select one: a. content b. assignment c. compensation d. availability
b
An employer is not required to provide reasonable accommodation to a qualified individual with a disability if to do so would be \_\_\_. Select one: a. undue hardship b. inconvenient c. undesirable d. unforeseeable
a
Highly level \_\_\_ do not have age discrimination protection. Select one: a. government employees b. educational employees c. executives and policy makers d. foreign employees
c
Summary judgment is a procedure frequently used in Title VII cases.
Select one:
a. True
b. False
t
Disparate treatment race discrimination requires a showing of \_\_\_ discrimination. Select one: a. unfair b. invidious c. intentional d. harmful
c
To recover liquidated damages an employ must show a \_\_\_ violation. Select one: a. malicious b. unlawful c. substantial d. willful
d
The ADA covers both physical and mental impairments.
Select one:
a. True
b. False
t
Title VII provides for a cap on \_\_\_ and punitive damages. Select one: a. attorney's fees b. lost wages and benefits c. costs d. compensatory
d
A prima facie case raises a \_\_\_ of unlawful discrimination. Select one: a. presumption b. suspicion c. doubt d. fear
a
The enforcement of the ADA is through the procedures established in the Civil Rights Act of 1964.
Select one:
a. True
b. False
t
FMLA rights require a showing of a \_\_\_ illness. Select one: a. real b. serious c. physical d. mental
b
Business \_\_\_ is a defense to a disparate impact sex discrimination claim. Select one: a. profits b. objectives c. goals d. necessity
d
Pattern of practice cases require proof of \_\_\_ denial of employment rights. Select one: a. unreasonable b. unfair c. unlawful d. systematic
d
Ethnic \_\_\_ is a form of national origin discrimination. Select one: a. identification b. customs c. screening d. qualification
c
Title VII of the Civil Rights Act of 1964 covers all employers.
Select one:
a. True
b. False
f
To refute a business necessity defense, a plaintiff may show that reasonable \_\_\_ were available. Select one: a. reasons b. challenges c. alternatives d. purposes
c
Consent decrees are an effective method of remedying \_\_\_ race discrimination. Select one: a. intentional b. hostile c. malicious d. systemic
a
The \_\_\_ are those employees who are covered by the ADEA. Select one: a. employee benefit plans b. bona fide occupational qualification c. age discriminates d. protected age group
d
§1981 has a \_\_\_ statute of limitations Select one: a. borrowed b. strict c. lenient d. express
a
Retaliation claims are not expressly provided for in §1981.
Select one:
a. True Correct
b. False
t
\_\_\_ is a valid defense to a request for reasonable accommodation. Select one: a. BFOQ b. contributory negligence c. fraud d. undue hardship
d
Major life activities are physical or mental activities which are \_\_\_ to the normal functioning of an individual. Select one: a. related b. important c. indicated d. foreign
b
The Equal Pay Act requires equal pay for men and women for \_\_\_ equal work. Select one: a. approximately b. substantially c. comparatively d. precisely
b
EEOC may not file suit on a Title VII violation unless a charge of discrimination has been filed.
Select one:
a. True
b. False
f
The object of affirmative action plans is to achieve racial \_\_\_. Select one: a. superiority b. balance c. advantage d. discrimination
b
The purpose of affirmative action plans is to remedy the effects of \_\_\_ discrimination. Select one: a. race b. severe c. past d. anticipated
c
An employee may recover punitive damages for a malicious violation of the ADEA.
Select one:
a. True
b. False
f
§1983 prohibits conduct under \_\_\_ state law. Select one: a. color of b. excuse of c. fear of d. pretense of
a
There are two types of sexual harassment.
Select one:
a. True
b. False
t
A sexual harassment claim requires a showing that the challenged conduct was unwelcome.
Select one:
a. True
b. False
t
Disparate impact age discrimination claims do not require proof of unlawful motive.
Select one:
a. True
b. False
t
There are some exceptions to age discrimination protections in \_\_\_ industries. Select one: a. textile b. hazardous c. manufacturing d. government
b
A disability under the ADA includes a physical or mental impairment controlled by medication.
Select one:
a. True
b. False
f
Disparate treatment claims include discrimination based on racial \_\_\_. Select one: a. fears b. education c. inferiority d. characteristics
d
Title VII gives broader protection to women in the workplace that the Equal Pay Act.
Select one:
a. True
b. False
t
Title VII prohibits same sex sexual harassment.
Select one:
a. True
b. False
t
Title VII religious discrimination prohibitions are enforced less strictly for institutions with a \_\_\_ purpose. Select one: a. lawful b. social c. charitable d. religious
d
Title VII of the Civil Rights Act of 1964 deals exclusively with employment discrimination.
Select one:
a. True
b. False
t
Unlawful intent must be proved in a disparate impact discrimination case.
Select one:
a. True
b. False
f
§1983 protects against religious discrimination in private employment.
Select one:
a. True
b. False
t
The Emancipation Proclamation automatically freed all the slaves in the United States.
Select one:
a. True
b. False
f
Active \_\_\_ are excluded from the definition of a qualified individual with a disability. Select one: a. employees b. members of the military c. persons d. drug users
d
Pension plans are permitted to provide for a minimum age for the receipt of pension benefits.
Select one:
a. True
b. False
t
The Fifth and Fourteenth Amendments to the U.S. Constitution prohibit sex discrimination in private employment.
Select one:
a. True
b. False
f
A prima facie case is rebutted by proof of a \_\_\_ reason Select one: a. good b. different c. nondiscriminatory d. false
c
The ADA does not apply to state employers because of \_\_\_. Select one: a. an exception b. federal law c. BFOQ d. sovereign immunity
d
Discrimination based on race and discrimination based on national origin sometimes overlap.
Select one:
a. True
b. False
t
Title VII prohibits discrimination based on national \_\_\_. Select one: a. preference b. stereotypes c. location d. policies
b
Preferential hiring affirmative action plans are unlawful once racial parity has been achieved.
Select one:
a. True
b. False
t
A qualified individual with a disability is a person who can perform the essential functions of a job with or without \_\_\_. Select one: a. training b. education c. reasonable accommodations d. assistance
c
In order to maintain a sexual harassment claim, the employee must show that s/he \_\_\_ the harassment. Select one: a. rejected b. reported c. documented d. considered
b
Proof of an adverse action is required in a Title VII retaliation case.
Select one:
a. True
b. False
t
Quid pro quo sexual harassment occurs when employment \_\_\_ are offered in exchange for sexual favors. Select one: a. duties b. formalities c. requirements d. benefits
d
To be successful on a hostile environment discrimination claim, the employee must take advantage of an employer’s \_\_\_ . Select one: a. facilities b. reporting procedures c. work rules d. disciplinary procedures
b
Employees may waive the right to pursue ADEA claims.
Select one:
a. True
b. False
t
The essential elements of a job are those functions which are job-related and consistent with \_\_\_. Select one: a. profit margin b. productivity c. accountability d. business necessity
d
\_\_\_ is a legitimate consideration in deciding whether a reasonable accommodation would result in undue hardship. Select one: a. work schedules b. job duties c. inconvenience d. cost
d
Disparate treatment claims includes discrimination based on racial \_\_\_. Select one: a. fears b. screening c. education d. inferiority
b
Courts generally require a reasonable \_\_\_ between actual and punitive damages. Select one: a. availability b. proportionality c. proof d. access
b
Government officials may be sued individually under §1983.
Select one:
a. True
b. False
t
An employee’s job performance is irrelevant in a reduction in force disparate treatment age case.
Select one:
a. True
b. False
f
The defense of undue hardship may be based on business \_\_\_. Select one: a. goals b. plans c. disruption d. estimates
c
Circumstantial evidence requires the fact finder to draw an \_\_\_ from the facts Select one: a. inference b. image c. interest d. unsupported conclusion
a
\_\_\_ is not a remedy available in disparate impact discrimination cases. Select one: a. injunctions b. damages c. punitive damages d. attorney's fees
c
An employer is required to \_\_\_ with an employee to identify a reasonable accommodation. Select one: a. cooperate b. argue c. correspond d. debate
a
Liquidated damages are an amount \_\_\_ to lost wages. Select one: a. equal b. in addition c. as an alternative d. superior
a
Hostile environment sexual harassment consist of circumstances which create a hostile and \_\_\_ work environment. Select one: a. unpleasant b. unfavorable c. abusive d. unfair
c
§1981 applies to employment discrimination because employment is a \_\_\_. Select one: a. right b. benefit c. opportunity d. contract
d
Temporary physical or mental impairments are protected by the ADA.
Select one:
a. True
b. False
f
An employer must provide reasonable \_\_\_ for employees’ religious beliefs. Select one: a. accommodations b. protections c. assistance d. support
a
A valid defense to an age discrimination claim is reliance to an established seniority system.
Select one:
a. True
b. False
t
Age discrimination is caused to some extent by \_\_\_. Select one: a. stereotypes b. economics c. reductions in force d. working conditions
a
Disparate treatment sex discrimination requires a showing that an employee was treated less \_\_\_ than a member of the opposite sex. Select one: a. fairly b. appropriately c. favorably d. hostilely
c
To establish an actual disability under the ADA an individual must show a physical or mental disability which substantially limits \_\_\_. Select one: a. a major life activity b. effective activity c. physical or mental capacity d. efficient functioning
a
The Fourteenth Amendment prohibits employment discrimination in private employment.
Select one:
a. True
b. False
f
Constructive discharge occurs when conditions become \_\_\_ for an employee. Select one: a. unpleasant b. challenging c. intolerable d. unprofitable
c
There are no constitutional protections against religious discrimination in private employment.
Select one:
a. True
b. False
t
The Equal Pay Act is enforced under the enforcement procedures of the ___.
Select one:
a. Fair Labor Standards Act
b. Labor Management Relations Act of 1947
c. Civil Rights Act of 1964
d. National Labor Relations Act
a
Disparate impact discrimination claims usually require \_\_\_ evidence. Select one: a. hearsay b. strong c. direct d. statistical
d
The ADA is limited to protecting individuals with actual disabilities.
Select one:
a. True
b. False
f
In sexual harassment claims an \_\_\_ standard is used in evaluating whether challenged conduct is severe or pervasive. Select one: a. objective b. official c. unlawful d. egregious
a
Title VII provides protection against discrimination based on national characteristics.
Select one:
a. True
b. False
a
Pretextual defenses to disparate treatment age claims involve \_\_\_ motives. Select one: a. good b. false c. mixed d. bad
b
In order to be actionable, a hostile environment race discrimination claim must include a showing that the challenged conduct was severe or pervasive.
Select one:
a. True
b. False
t
The Pregnancy Discrimination Act was passed in \_\_\_ of a Supreme Court case. Select one: a. support b. agreement c. disagreement d. publication
c
Consent decrees require the \_\_\_ of the parties and the approval of the court. Select one: a. agreement b. arguments c. objections d. notice
a
Federal employees are not permitted to pursue age discrimination retaliation claims.
Select one:
a. True
b. False
f
The ADA was the first statute passed by Congress to prohibit disability discrimination.
Select one:
a. True
b. False
f
There are no constitutional protections against national origin discrimination in private employment.
Select one:
a. True
b. False
f
An employer is only required to provide reasonable accommodation to a person with an actual disability.
Select one:
a. True
b. False
t
§1983 removes the \_\_\_ of government employees for their actions. Select one: a. responsibility b. culpability c. immunity d. accountability
c
A sexual harassment claim requires a showing that the challenged conduct was severe or \_\_\_. Select one: a. harmful b. malicious c. hostile d. pervasive
d
§1983 protects against national origin discrimination in private employment.
Select one:
a. True
b. False
f
It is a violation of the ADEA to base employees’ fringe benefits on age.
Select one:
a. True
b. False
f
The defense of undue hardship may be based on \_\_\_. Select one: a. cost b. predictions c. estimates d. studies
a
Violation of §1981 requires a showing on interference with a \_\_\_ of employment. Select one: a. condition b. benefit c. privilege d. contract
a
\_\_\_ principles in addition to religious beliefs are protected by Title VII. Select one: a. bad b. ethical c. governing d. scientific
b
An employee who requests FMLA leave must provide adequate \_\_\_. Select one: a. expense b. notice c. justification d. controls
c
In a disparate impact age discrimination case, the defense of business necessity will be established by showing that the challenged \_\_\_ was necessary for the employer to meet its legitimate business goals. Select one: a. action b. impact c. reason d. policy
d
Disparate impact discrimination depends upon a showing of the \_\_\_ effect of the challenged conduct. Select one: a. harmful b. intentional c. disproportionate d. malicious
c
Employers who receive federal \_\_\_ are covered by the ADEA. Select one: a. laws b. relief c. assistance d. control
c
3 forms of discrimination
1) Disparate Treatment
2) Disparate Impact
3) Hostile Work Environment
Define Disparate Treatment
intentional discrimination against an employee who is a member of a class protected by the statute
Proof of ____________ is required to prove disparate treatment
discriminatory intent
2 things must be shown to use BFOQ as defense
1) discriminatory policy is necessary for the effective and efficient operation of the business
2) discriminatory selection is an essential prerequisite for the job encompassed by the policy
Define disparate impact
unintentional discrimination that occurs when an otherwise nondiscriminatory employment policy has a substantially adverse impact on members of a protected class without adequate business justification.
Define hostile work environment
when an employer creates a hostile and abusive work environment for employees in a protected class, which is so severe or pervasive that it results in altering or varying the employee’s conditions of employment.
How does use of correct reporting procedures affect employer liability
- In order for employer to be liable, the employee making the claim must have utilized reasonable reporting procedures and the employer failed to take appropriate action based on the complaint
- Failure of an employee to use reporting procedures will relieve employer of vicarious liability
- If the conduct is so notorious that the employer knew or should have known about it, then they will be liable
Define Constructive Discharge
when an employee resigns from employment because the conditions that the employer created are so intolerable that the employee could not reasonably be expected to continue working.
What is the claim process for the EEOC?
1) Claim is made by employee
2) Agency gives notice to the employer within 10 days
EEOC will investigate for reasonable cause
3) If reasonable cause is found, EEOC will attempt to resolve alleged unlawful practice by conference, conciliation and persuasion
4) If it is not solved, the EEOC has authority to file suit in federal court to correct practice
5) If EEOC decides not to file suit, the plaintiff can do so on their own through a Notice of Right to Sue
What is the statute of limitation for an EEOC claim?
180 days
Define continuing violation
series of discriminatory acts that are factually similar, based on the same event or series of events, and integrally connected in such a way as to constitute a series of events that continually violate the law in the same or a substantially similar way
What are the two forms of evidence?
Direct
Circumstantial
Define Direct Evidence
consists of proof of a fact that does not require the trier of fact to make an inference from other facts
Define Circumstantial Evidence
- consists of proof of a fact that requires the trier of fact to make an inference from other facts.
- Requires jury to make an inference from the facts presented
What type of evidence is generally relied on to substantiate disparate treatment claims?
circumstantial because discriminatory intent is rarely apparent or admitted or denied
Define prima facie
the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial.
define burden of proof rule
rule of law in Title VII cases that an employer will be relieved of liability for a discriminatory action if it can prove that the action would have been taken regardless of discriminatory motivation.
define retaliation
- made unlawful by Title VII.
- Retaliation consists of taking action against an employee for opposing an unlawful employment practice, filing a charge of discrimination or suit pursuant to Title VII, or participating in an investigation or hearing of a charge of discrimination
What must be shown to substantiate a retaliation claim?
Adverse action was taken as a result of the employee making a claim
Define pattern and practice cases
employer has participated in a systematic denial of employment rights under the statute for a protracted period of time.
What are the two requirements to have a motion for summary judgement upheld?
1) no issue to material fact
2) the moving party is entitled to judgement as a matter of law
define material fact
It is a fact that is significant or essential to the issue or matter at hand.
For what reasons might an employee receive compensatory damages?
Humiliation Embarrassment Mental anguish Emotional distress Amount left up to jury in the above cases
When might punitive damages be awarded?
- Only available on a showing that the employer engaged in intentional discrimination with malice or reckless disregard of the rights of the protected individual(s)
- Amount left up to the jury
What is the prima facie requirements for proving disparate treatment?
1) plaintiff is a member of a protected class
2) the plaintiff is qualified for the job or satisfactorily performing the job
3) the plaintiff suffered an adverse employment action and members of another race were treated more favorably than the plaintiff
What are the prima facie requirements for proving disparate impact race discrimination?
(1) the existence of a facially neutral employment policy or practice that the employer is actively relying on in the operation of its business,
(2) a statistically significant disproportionate impact of the adverse impact of the employment policy or practice on members of a protected class, and
(3) a causal connection between the policy or practice and the adverse impact on the protected class
What must be shown to demonstrate a hostile work environment?
Conduct toward plaintiff was was so severe or pervasive that it created for her a hostile and abusive work environment based on a protected class
Define consent decrees
A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case), and most often refers to such a type of settlement in the United States
Define reverse race discrimination
when persons who are not in a protected class suffer employment discrimination based on race without adequate justification, those persons have what is called a reverse race discrimination claim.
requires that wages paid to men and women must be the same “for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions
Equal Pay Act of 1963
More effectively protected against gender discrimination than past legislation due to its comprehensive scope and specific remedies
Civil Rights Act of 1964
Define pattern and practice sex discrimination
showing that discrimination against employees on the basis of sex was an employer’s standard operating procedure over a significant period of time
Pregnancy Discrimination Act of 1978
Amendment to Civil Rights Act of 1964
Pregnancy added as a protected category
Response to General Electric v. Gilbert where the Court had held that the exclusion of pregnancy benefits under an employee health plan was not unlawful gender discrimination
Define sexual harassment
when an employee is subjected to a hostile and abusive work environment based on sex that is so severe or pervasive that it alters the terms and conditions of the employee’s employment.
What are the requirements to prove sexual harassment
1) conduct was unwelcome
-Voluntary does not mean “welcome”
2) Conduct must be severe or pervasive
-Isolated or insubstantial conduct does not rise to the level of sexual harassment
Based on objective standard
What are the two types of sexual harassment
Quid pro quo
Hostile environment
Define quid pro quo
concrete employment benefits are conditioned upon sexual favors
Define hostile environment sexual harassment
sexual harassment that is characterized by the creation of a hostile and abusive work environment for an employee.
Does the employer face liability if the plaintiff did not use the established reporting procedures for reporting sexual harassment
no, unless
Lily Ledbetter Fair Pay Act
The Lilly Ledbetter Fair Pay Act is a law enacted by Congress on Jan. 29, 2009, that bolstered worker protections against pay discrimination. The act allows individuals who face pay discrimination to seek rectification under federal anti-discrimination laws
Can a BFOQ be used for pregnancy?
yes for safety reasons
T/F, Ethical principles are held in the same regard as religion under the Civil Righst Act of 1964
T
What is the main factor taken in to account for determining whether a reasonable accommodation is an undue hardship for religion or ethical principles
cost
What are two stutorily allowed BFOQ’s under the Immigration Reform and Control act
English skill requirements that are reasonably necessary
Citizenship requirements specified by law, regulation, executive order, government contracts, or requirements established by the US attorney general
Rehabilityation Act of 1973
had afforded protection against disability discrimination for federal employees
Americans with Disabilities Act of 1990
civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public
ADA Amendments Act of 2008
Subsequent to the enactment of the ADA, the Supreme Court decided two cases which Congress found interpreted the definition of a disability too restrictively which was contrary to the intent of Congress when it enacted the statute
Who is covered under the ADA?
It covers all employees who are citizens of the United States, and all employers engaged in an industry affecting commerce, with the exception of the federal government, which is already covered under the Rehabilitation Act, and private membership clubs, which are exempt from taxation under Section 501(c) of the Internal Revenue Cod
What are the 3 forms of disability protected under the ADA?
- Person with actual disabilities
- Person with a record of a disability
- Person with perceived disabilities
Define “person with actual disabilities?
a physical or mental impairment that substantially limits one or more of the major life activities of such individual
how severe does a disability need to be to be covered under the ADA?
- Must be considered “severe” in relation to the general population
- it must be permanent or long-term in duration.
- Affects major life activities
How does the ADA define major life activities?
caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working
define “person with a record of a disability” under the ADA
- the ADA makes it unlawful for an employer to treat a person adversely because he or she has a record of a disability.
- This provision protects an employee from preconceived or stereotypical notions about the continuing effects of a prior physical or mental condition.
- prohibits discrimination against persons who have been rehabilitated or cured of a disabling mental or physical condition
define person with perceived disabilities under the ADA
DA also protects persons who do not have a disability or a record of a disability, but are regarded by the employer as persons who do have a disability
What are the requirements for establishing a Prima Facie case for disability discrimination under the ADA
(1) he or she is a qualified person with a disability, and
(2) he or she suffered an adverse employment action because of the disability
How does the ADA define “adverse action” against a person with disabilities?
an employee must demonstrate a significant employment disadvantage. A minor or inconsequential disadvantage will not qualify ex. could be demotion, not being promoted or hired, loss of pay or hours, loss of vacation or benefits
How does one establish a hostile environment disability discrimination prima facie case?
(1) he or she was a qualified person with a disability,
(2) he or she was subjected to a hostile and abusive work environment, and
(3) the hostility was caused by the disability.
What are the requirements for a reasonable accommodation under the ADA?
(1) is the accommodation that the employee requests or requires reasonable, and
(2) can the employer furnish that accommodation without undue hardship.
Does the employer have the obligation to initiate the reasonable accommodation conversation?
no, An employee with a disability has an obligation to inform the employer of the need for reasonable accommodation
What does the failure to enter into a dialogue with the disabled employee about reasonable accommodations show?
prima facie evidence that the employer is acting in bad faith.
What does the ADA not require an employer to do when making a reasonable accommodation?
The ADA does not require an employer to re-allocate job duties, restructure a job, or create a job for a qualified person with a disability.
What requirements must the employer show to prove an undue hardship with regard to a reasonable accommodation?
(1) the nature of the accommodation,
(2) the expense of the accommodation
(3) the financial ability of the employer to provide the accommodation
(4) the employer’s administrative structure and geographic location
T/F, a reasonable accommodation that has been given to other employees in similar situations in the past does not have to be provided to another in the same situation?
F
Define FMLA
provides employees limited unpaid leave from work to care for themselves and their family members during periods of serious illness
Entitlement to FMLA is based on a qualifying event which is defined as:
(1) the birth of a child of the employee who requires post-natal care
(2) the placement of a child with the employee for adoption or foster care
(3) care for a spouse, child, or parent21 of the employee who has a serious health condition, and
(4) a serious health condition of the employee that prohibits the employee from performing the functions of the job. A serious health condition is a significant physical or mental impairment that requires hospitalization, hospice or nursing home confinement, or continuing treatment by a health care provider
What is the statute of limitation for filing an FMLA claim?
2 years
Genetics Information Discrimination
covers employers, employment agencies, and labor organizations, and prohibits the same types of employment discrimination as defined in the Civil Rights Act of 1964
Age Discrimination in Employment Act of 1967
Employers with 20 or more employees
Protects persons who are 40 years of age and older
Protection ends at 70
No cap for federal employees
What are some exceptions to the ADEA?
There are exceptions in industries that are potentially hazardous Law enforcement Fire fighters Air traffic controllers Airline pilots
What types of employees are not covered under the ADEA
Executives or high-level corporate policy makers are not covered
Who enforces the ADEA?
EEOC
Define Older Workers Benefit Protection Act
prevents employers from discriminating in benefits based on age, firing only older workers when cutting staff, or demanding that older workers waive rights and without taking safeguards into consideration
What are the established protections for employees under Section 7 of the NLRB
Right to form a union Right to join a union Right to assist a union Right to bargain collectively Engage in concerted activities Duty to bargain in good faith
Define Fair Labor Standards Act of 1938
reates the right to a minimum wage, and “time-and-a-half” overtime pay when people work over forty hours a week. It also prohibits most employment of minors in “oppressive child labor”
What is the other name for the LMRA?
TAft-Hartley Act
What is the other name for the LMRD?
Landrum-Griffin
Who is not covered under OSHA?
does not cover the self-employed, immediate family members of farm employers, or workplace hazards regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, or Coast Guard).[
What are the employee rights under OSHA?
- Working conditions that do not pose a risk of serious harm.
- File a confidential complaint with OSHA to have their workplace inspected.[17]
- Receive information and training about hazards, methods to prevent harm, and the OSH Act standards that apply to their workplace.
- Receive copies of records of work-related injuries and illnesses that occur in their workplace.
- Receive copies of the results from tests and monitoring done to find and measure hazards in their workplace.
- Receive copies of their workplace medical records.
- Participate in an OSHA inspection and speak in private with the inspector.
- File a complaint with OSHA if they have been retaliated or discriminated against by their employer as the result of requesting an inspection or using any of their other rights under the OSH Act.
- File a complaint if punished or retaliated against for acting as a “whistleblower” under the 21 additional federal laws for which OSHA has jurisdictio
What did the FLSA establish?
National min wage
REgulation of payment of OT
outlawed child labor
What did the Labor Management Relations Act of 1947 establish?
- Amended some provisions of NLRA to curb excessive union power
- Enforcement of labor agreements in federal courts
- Preserved concurrent jurisdiction over labor contracts in state courts
- Addressed employee benefit plans
- Added unfair labor practices for unions
What did the Labor Management Reporting and Disclosure Act establish?
- Response to union abuses of power
- Created a bill of rights for union members
What is the other name for hte Landrum Griffin Act?
Labor Management Reporting and Disclosure Act
What is the other name for the Taft Hartley Act?
Labor Management Relations Act of 1947
What did the Equal pay act of 1963 establish?
Employees of different sexes be paid equal for same work
Define independent Contractor
Performs services for another for compensation under circumstances where the person performing the services retains the right to determine the manner and means of how the services are performed
Define employee
Works for someone else for compensation under circumstances where the person for whom the services are performed has the right to control the manner and means in which the services are performed
Single Employer Test
Two or more persons (individuals or organizations) that constitute a single integrated enterprise by reason of their common ownership or control of the fact that they are functionally a continuous operation or production process
define common situs picketing
picketing that is conducted at a location where both primary employers and secondary employers are present
What are the 4 rules of common situs picketing
1) limit the picketing to times when the primary employer is actively present on the common situs
2) conduct the picketing as close to the location of the primary employer on the common situs as practicable
3) use picket signs that clearly indicate that the dispute is only with the primary employer
4) discontinue the picketing when the primary employer is no longer present at the common situs.
define area standards picketing
method is resorted to encourage an employer to observe the standards or rules laid in that industry.
define consumer picketing
used by unions to inform customers and consists of activities such as distributing handbills, carrying placards, and urging customers not to purchase products from the primary employer
Zipper clause
Contract stipulation in which both parties waive the right to demand bargaining on any matter not dealt with in the contract, whether or not that matter was contemplated when the contract was negotiated or signed
Program Evaluation and Review
Project management tool used to schedule, organize, and coordinate tasks within a project. Focus is on task.
Action Plan
A sequence of steps that must be taken, or activities that must be performed well, for a strategy to succeed.
A sequence of steps that must be taken, or activities that must be performed well, for a strategy to succeed.
Action Plan
defines the direction and scope of an organization’s long-term high-level organizational goals
strategy
Reserved rights doctrine
Grants management full authority & discretion over the items listed thereunder in the contract unless the contract limits management’s rights in a particular area.
Which act established right to work states
Taft-Hartley Act or LMRA
TIPS
Acronym that covers most of the unfair labor practice pitfalls a supervisor can run into: Don’t Threaten, Interrogate, Promise, or Spy/ Surveillance
The trainer who measures how well an executive training was received by the audience and if the training was a valuable experience with regard to the instructor, the topic, the presentation and the course content is most likely testing which level of training effectiveness?
reaction
The knowledge, skills and capacity of a group of individuals which influence their productive capacity, earning potential and represents a quantification of a worker’s economic value is called?
human capital
What is the most common cause for the failure of performance appraisal systems?
unclear goals and expectations
When employees own non-forfeitable employer contributions to their pension plans, this is known as?
vesting
Which of the following acts allowed for catch-up contributions to the retirement plan of employees 50 years or older?
Economic Growth and Tax Relief Reconciliation Act
Target benefit plan
plan that involves independently fixed contributions of a plans funded position
Which of the following is inaccurately described in a company’s financial processes? Income statement –synonym for a profit and loss statement. Profit and loss statement - summarizes the revenues, costs and expenses incurred during a reporting period. Statement of cash flow - shows how money moved in and out of the business. Accrued expense –picture of the financial condition of a business for a specific point in time.
Accrued expense
Which of the following does not apply to USERRA benefits? USERRA applies to foreign employers doing business in the United States. USERRA applies to initial hiring decisions as well as employment actions. A employee who has performed service in the uniformed service for a cumulative period of 7 years is eligible for reemployment rights with the employer. If the employee performs service in the uniformed Service for fewer than 31 days, he or she cannot be required to pay more than the regular employee share for health plan coverage.
c
A plan where enrollees are required to choose a primary care physician (PCP) from within the health care network and the PCP may make referrals outside the network for which the employee must submit reimbursement claims is called?
Point of Service Plan.
Health Maintenance Organization.
Preferred Provider Organization.
Fee for Service Plan.
point of service plan
Tatiana is working on a test whereby she compares the mean of the salary deferrals of Non Highly compensated employees (NHCEs) to that of Highly compensated employees (HCEs). She has to determine the percentage of compensation that has been deferred to the 401( k) plan for the NHCEs and the HCEs; then average the deferral percentages of the NCHEs and the HCEs. For Tatiana’s firm to pass the test, the ADP of the HCE group may not exceed the ADP for the NHCE group by the lesser of 2 percentage points. What test is Tatiana working on?
Actual deferral percentage test
Tim’s retirement plan is set up to pay him a specific benefit at retirement. Troy’s retirement plan does not promise a specific benefit at retirement but his employer matches his contributions on a regular basis. What type of retirement plan do Tim and Troy have?
Defined benefit and Defined contribution plan.
`As HR Manager, you’re concerned about employee tardiness and you want to make changes to help minimize it. Which of the following will help senior management understand the impact tardiness has on productivity?
Scatter diagram
Works-for-hire, according to the Copyright Act of 1976, are protected for —— from the first year of publication or —–years from the year of creation?
95 years, 120 years
The Benin organization intends to develop and implement a tool to help HR and Line Managers identify staffing needs by categorizing current employees. This tool is most likely called?
Replacement chart
T/F Providing guidance to the students on the use of the material is part of the design process
f
As an HR professional, which of the following is the first step in a change initiative?
Overcoming resistance
Mandy, a manager in the PROVERBS 31 organization is known to stimulate and inspire employees to both achieve extraordinary outcomes and develop their own leadership capacity. Mandy’s leadership style is called?
transformational
The Apex Inc. delineates its core functions according to its services. The best description for the Apex Inc’s structure is?
product based structure
The executive management of a consulting firm has tasked the HR manager to measure the degree by which organizational financial impact and productivity improvements can be attributed to the application of KSAs gained and applied from training. This evaluation type is called:
Results
The Best Belly food -chain company just had a hygiene training. To evaluate how well the training was applied, the HR team is using surveys and interviews to analysis how the training has improved employee food-handling in practical terms. This analysis is what type of evaluation?
Behavior
The CEO of GRACE company has requested for a change in the performance feedback review process. From the 3rd quarter, the new feedback review must provide a well-rounded and balanced view of employee skills and behaviors. The feedback should also be from a variety of people in the organization and not just the employee’s supervisor. This is most likely called?
360 degree feedback
A Summary Plan Description (SPD) which has had changes must be prepared and distributed how often to participants?
5 years
T/F works created by the government are not protected by the copyright act
T
The managers at AMNON INC use a method of performance appraisal which involves identifying and describing specific events where the employee did something really well or something that needs improvement. This performance appraisal is called:
critical incidents
The CEO of JOSEPH fitness company wants to train the trainers in muscle development techniques. He believes most trainers learn best by watching the technique images. This is an example of which learning style?
visual
Ann confirmed to her boss that the information she used for her presentation is in the public domain, what does Ann mean?
The information Ann used is past the author’s lifetime plus 70 years.
Plant patents are protected for how long?
20 years
Which of the following is not correct regarding DMAIC under Six Sigma? Competence. Define. Measure. Analyze.
competence
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects a uniformed service member’s reemployment rights except? The employee has worked for 30 days. The uniformed service member is an independent contractor. The employee is a key employee as defined under the FMLA. All uniformed service members are protected by USERRA.
The uniformed service member is an independent contractor.
The National Labor Relations Act applies to which of the following? State government. Employers involved in interstate railroads and airlines. Private universities. Employers of only agricultural workers.
private universities
A plan which develops alternatives to recover and protect a business’ operations when property, information systems or people have been disrupted is called?
disaster recovery plan
If an injured employee is willing and able to perform some but not all of the key duties of his job which is reasonable and approved, which of the following return-to-work programs applies?
modified duty
T/F A staffing agency must provide generic hazard training and information concerning categories of chemicals while the customer company is responsible for providing site-specific hazard training.
T
A health plan administrator whose computer was hacked into should be concerned about which law?
Health Insurance Portability & Accountability Act. (HIPPA)
OSHA requires which of the following for compliance with its blood-borne pathogens standard? Written exposure control plan that details preventive steps against the spread of blood-borne pathogens. Use of personal protective equipment for all employees. Safety training for all employees. All of the above.
Written exposure control plan that details preventive steps against the spread of blood-borne pathogens.
- Hot cargo clauses, jurisdictional strikes, wildcat strikes, solidarity strikes, secondary boycotts, closed shops were made illegal by which act?
LMRA
Max OSHA fine per violation
132,598
The legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies is called?
Fair Credit Reporting Act of 1970.
Which of the following is not a relevant question in the strategic planning process? Where are we now? Who are our competitors? Where do we want to be? How will we know when we arrive?
Who are our competitors?
When a manager chooses to exempt an employee from a difficult test for having perfect attendance, what concept of operant conditioning is this?
negative reinforcement
Bethel believes in a style of management that assumes that employees are naturally unmotivated and dislike working. He states that management must actively intervene to get things done. This style of management is called?
theory x
Employer-provided group term life insurance that exceeds $ 50,000 for an employee is subject to ___?
Tax deductions on the value of the imputed income.
Phinehas has asked for a union representative to be present at an employer-organized investigation. Which of the following is NOT one of the options his employer has regarding Phinehas’ request? Continue the investigation if evidence against Phinehas is job-related. Discontinue the interview until the union representative arrives. Decide not to conduct the interview at all. Give Phinehas the choice of voluntarily waiving the Weingarten rights.
Continue the investigation if evidence against Phinehas is job-related.
Ombudsman is an example of arbitration T/f
F
The three OSHA forms; OSHA form 300 (log of work-related injuries and illnesses), OSHA form 300A (summary of work-related injuries and illnesses) and OSHA form 301 (injury and illness incident report) must be retained for how long?
a
Elisha, a Compliance Safety and Health Officer (CSHO), has been sent to conduct an inspection of the YEP construction company. However, the HR manager of YEP company refuses Elisha entry because Elisha gave the company no notice. Is Elisha required to give notice before an OSHA inspection?
no
When OSHA conducts planned inspections of industries that have a high incident rate for death and injury, this is called?
programmed inspections
OSHA forms …….. and …….. are to be filled and maintained on an ongoing basis; in which work-related injuries and illnesses must be entered throughout the year.
Form300 and 301
When FMLA leave is foreseeable, an employee is to give the employer —- days’notice and the employer is required to give the employee —– days to submit medical certification to support a FMLA request;
30 days 15 days
An election bar where a union withdraws an election petition which results in an election bar for 6 months is called?
prior petition bar
Robert Stakes said “When the cook tastes the soup, that’s formative. When the guests taste the soup, that’s summative.” What does this mean?
Formative evaluation evaluates the trainer while summative evaluation evaluates the trainees.
When your company is the primary employer but has a co-employment arrangement with an organization who handles specific employer functions such as payroll, benefits, tax remittance and related government filings, the secondary organization is most likely;
professional employer organization
Ade intends to apply for FMLA leave to care for his son who is a service member with a serious injury sustained while on active duty. How many weeks of FMLA leave is Ade entitled to?
26
Benefits for older employees may not be reduced if the reductions result from cost considerations. t/F
F
The relationship between results and the resources required to produce them is the basis for?
cost benefit analysis
Which court case stated that items used to validate employment requirements must be job-related and subjective supervisor rankings are not sufficient for validation?
Albemarle v. Moody.
Which of the following solely involves on-the-job training? Apprenticeship. Simulation training. Vestibule. Job Instructional Technique.
job instructional technique
What refers to the positive expectation and subsequent differential treatment by managers or coworkers that is based on knowledge of valid performance indicators?
knowledge of predictor
To ensure the success of a team-building effort, organizers in HR need to:
solicit managements support for the program
define property interest
Due process must be followed.
Which act established right to work laws?
Taft Hartley
Which act restricted the use of court injunctions?
Norris La guardia
Which act execmpted unions from antitrust lasw?
clayton act
which labor act has certain provisions enforced by the Office of Labor-Management Standards (OLMS)?
landrum griffin
The Labor Management Relations Act (LMRA) grants the President the right to obtain an injunction to end a strike for a—–day cooling-off period?
80 days
What practice is most commonly followed in dealing with red-circle situations?
Freeze the employee rate until the salary structure is sufficiently revised.
An organization with fewer than 25 employees who each perform unique functions would most likely develop a job evaluation system using which method?
ranking
Which of the following was set up by ERISA to insure payment of benefits if a private-sector defined benefit pension plan terminates with insufficient funds to pay the benefits?
Pension Benefit Guaranty Corporation.
Which of the following leadership theories provides four styles of leadership which are telling, selling, participating and delegating?
Hersey-Blanchard Theory.
T/F The Vietnam Era Veteran Readjustment ASsistance Act is not enforced by the Veterans Employment and Traiing Service
T
An employee can change a Section 125 deduction during the plan year in which of the following circumstances?
A qualifying change in family status occurs within 30 days.
Frank is the Chief Operating Officer of a technology firm. He has a non-qualified retirement plan which allows him to maximize his contributions, contribute supplemental retirement income and his plan is exempt from the discriminatory testing that qualified plans are subject to. Frank’s plan is most likely?
Supplemental Execuitive Retirement Plan (SERP)
The Frajt construction company has a federal construction project worth over $ 50,000. Which of the following acts requires the Frajt construction company to pay the prevailing wage to all laborers and mechanics that work with the company?
Davis-Bacon
Define Davis Bacon ACt
establishes the requirement for paying the local prevailing wages on public works projects for laborers and mechanics
Define Walsh Healey Public Caontracts Act
establishes minimum wage, maximum hours, and safety and health standards for work on contracts in excess of $15,000 for the manufacturing or furnishing of materials, supplies, articles, or equipment to the U.S. government or the District of Columbia.
According to the WARN Act, an employer with 200 employees is required to provide 60 days’ notice of a mass layoff when which of the following is true?
- The employer is seeking additional funding and will lay off 70 employees if the funding falls through.
- A major client unexpectedly selects a new vendor for the company’s products, and the company lays off 75 employees.
- The employer lays off 5 employees a week for 3 months. –A flood requires that one of the plants be shut down for repairs, and 55 employees are laid off.
The employer lays off 5 employees a week for 3 months.
define production in the business context
generally refers to the process by which businesses create the product or service they offer to customers.
define operations
encompasses all the activities necessary to produce the goods or services of the business
define capacity
This includes determining how much of a product or service is able to be produced with the available materials, labor, and equipment (known as inputs) as well as what changes in inputs are required by fluctuating customer demands.
define production layout
This is the way in which the goods or service will be produced
define scheduling
Scheduling activities make sure the products or services are available at times of peak customer demand.
define quality management
ensures that the product or service meets acceptable standards.
define just in time inventory systems
purchasing smaller amounts of supplies more frequently to reduce inventory and ensure a steady supply of products
define technology in the production context
Increasing the use of technology can improve product quality and the amounts that are produced.
What factors are taken into consideration when deciding upon a location for a facility?
- cost of labor
- distribution systems
- government regulations
- etc.
Define cost control in the business context
operations must provide products or services that meet the quality standards set by the organization at the lowest possible cost.
What is the function of the sales deparetment
includes the near-term activities involved in transferring the product or service from the business to the customer
what is the function of the marketing department
- incorporates functions necessary to promote and -distribute products in the marketplace,
- provides support for the sales staff,
- conducts research to design products that customers will be interested in purchasing,
- and determines the appropriate pricing for the products
what are the 4 p’s of marketing?
- product
- price
- placement
- promotion
define product development
making decisions about
- what the product will do,
- how it will look,
- what kind of customer service is needed,
- whether a warranty or guarantee is appropriate,
- and how the product will be packaged to attract customers.
define pricing
Pricing looks not only at the list price but also at any discounts or allowances that will be offered.
define promotion in hte marketing context
Products are promoted in many different ways, including advertising, public relations, personal selling, and providing incentives for customers to buy.
define placement in the marketing context
this is where decisions are made about where the customer will find the product.
What is the purpose of the finance department
responsible for obtaining credit to meet the organization’s needs, granting credit to customers, investing and managing cash for maximum return on investment (ROI), and establishing banking relationships for the organization
what is the purpose of the accountaing department
responsible for activities that record financial transactions within an organization
what is the function of the IT department?
responsible for managing systems such as voicemail, computer networks, software, websites, and the Internet as well as the data collected by these systems.
What are the four phases of the organizational life cycle?
-startup
-growth
-maturity
decline
define mission statement
describe the company, what it does, where it’s going, and how it’s different from other organizations
define vision statement
should inspire the organization and inform customers and shareholders, describing what will carry the organization into the future and what it will accomplish.
define corporate values statement
way for the executive team to communicate their standards for how the organization will conduct business
define core competencies
the parts of their operations that they do best and that set them apart from the competition.
what are the components of SMART goals?
- specific
- measurable
- action oriented
- realistic
- time based
define corporate governance
refers to the various influences and processes that impact the way a corporation is managed and the relationship among its stakeholders,
define shareholders
owners of the corporation.
define board of directors
elected by the shareholders to represent the shareholders’ interests with management
define inside director
person with operational responsibilities who is employed by the organization, such as the CEO, the CFO, or another officer of the corporation
define outside director
someone who isn’t employed by the corporation and doesn’t have operational responsibilities.
define management
Management includes the officers of the corporation, such as the CEO, chief financial officer (CFO), chief operating officer (COO), and other executives who make day-to-day decisions about company operations.
Sarbanes Oxley Act
federal law that established sweeping auditing and financial regulations for public companies. Lawmakers created the legislation to help protect shareholders, employees and the public from accounting errors and fraudulent financial practices.
How do you establish a prima facie case for a whistleblower under the Sarbanes Oxley Act
- The employee was engaged in a protected activity.
- The employer knew or suspected that the employee was engaged in the protected activity.
- The employee suffered an unfavorable employment action.
- Sufficient circumstances existed to infer that a contributing factor to the unfavorable action was the employee’s participation in the protected activity
What is the statute of limitations for filing a retaliation complaint under SOX
180 days
Who enforces SOX
OSHA
