Human Resources & Labor Relations Flashcards

Which civil service principle ensures that public employment decisions are based on merit rather than political affiliation or personal connections?

Answer: The merit system

The merit system requires that public employment, promotion, and retention decisions be based on competence, qualifications, and performance.

An employee alleges that their resignation was the result of intolerable working conditions deliberately created by management. This is the legal theory of:

Answer: Constructive discharge

Constructive discharge occurs when working conditions become so intolerable that a reasonable person would feel compelled to resign.

In a municipal collective bargaining agreement, a 'zipper clause' is designed to:

Answer: Prevent either party from demanding bargaining on non-contract topics during the contract term

A zipper clause closes the contract and bars either party from demanding mid-term bargaining on subjects not addressed in the agreement.

Under Title VII of the Civil Rights Act, which defense allows an employer to use a protected characteristic as a job requirement when it is essential to normal business operations?

Answer: Bona fide occupational qualification (BFOQ)

BFOQ permits an employer to use a protected characteristic (except race/color) as a job requirement when it is reasonably necessary to the normal operation of the business.

Which performance appraisal error occurs when a rater allows one very positive or negative trait to overshadow all other aspects of an employee's performance?

Answer: Halo/horn effect

The halo effect (positive) or horn effect (negative) causes one prominent trait to color the rater's assessment of all other performance dimensions.

The Public Employee Relations Board (PERB) or equivalent state agency has primary jurisdiction over which type of complaint?

Answer: Unfair labor practice charges filed by unions or management

State PERBs adjudicate unfair labor practice charges alleging violations of public sector collective bargaining laws by either unions or employers.

A city adopts a residency requirement mandating that all employees live within the city limits within 12 months of hire. This policy is:

Answer: A legally permissible policy in most states unless restricted by state law

Residency requirements are generally permissible in most states, though some states have enacted laws limiting or prohibiting them.