CHRP Labour and Employee Relations 5

Question 1

An employer wishes to subcontract work currently performed by bargaining unit employees. Under the NLRA, what obligation does the employer have?

Accepted Answer

Notify and bargain with the union over the decision and its effects if the subcontracting will eliminate bargaining unit jobs

Answer

Subcontracting that eliminates union jobs is a mandatory subject of bargaining, requiring the employer to notify the union and bargain over both the decision and its effects.

Question 2

What distinguishes an economic strike from an unfair labor practice strike?

Accepted Answer

Unfair labor practice strikers have stronger reinstatement rights and cannot be permanently replaced

Answer

Unfair labor practice strikers must be reinstated upon unconditional offer to return, even if the employer hired permanent replacements, while economic strikers may be permanently replaced.

Question 3

A long-service employee with no prior discipline is caught in a single incident of dishonesty. An arbitrator applying the just cause standard would likely consider:

Accepted Answer

The employee's length of service, clean record, and whether trust can be restored when determining the appropriate penalty

Answer

Arbitrators apply a contextual just cause analysis that weighs mitigating factors like service record alongside the gravity of the offense to assess proportionality.

Question 4

What is the effect of a 'union security' clause requiring all employees to pay union dues, known as an 'agency shop'?

Accepted Answer

Employees need not join the union but must pay dues or fees equivalent to the cost of collective bargaining representation

Answer

An agency shop requires non-member employees to pay a representation fee covering bargaining costs, without requiring full union membership.

Question 5

Under the Worker Adjustment and Retraining Notification (WARN) Act, what must an employer with 100 or more employees do before a plant closing or mass layoff?

Accepted Answer

Provide 60 days' written notice to affected employees, their union, and relevant government officials

Answer

The WARN Act requires covered employers to give 60 days' advance notice of plant closings or mass layoffs to workers, unions, and state/local governments.

(CHRP) Certified Human Resources Professional Practice Test

(CHRP) Certified Human Resources Professional Practice Test

CHRP Labour and Employee Relations 5