CMM Human Resources & Labor Relations 2 — Questions and Answers
Question 1: A municipal employee files a grievance claiming the city violated a provision of the collective bargaining agreement. What is the FIRST step in most contractual grievance procedures?
- Binding arbitration before a neutral arbitrator
- Informal discussion between the employee and immediate supervisor (Correct answer)
- Filing a complaint with the Public Employment Relations Board
- Requesting mediation from the state labor department
Correct answer: Informal discussion between the employee and immediate supervisor
Most CBA grievance procedures require an informal discussion with the immediate supervisor as Step 1 before escalating to formal levels.
Question 2: Under the Fair Labor Standards Act (FLSA), which municipal employees are generally classified as NON-exempt and therefore entitled to overtime pay?
- Department directors earning above the salary threshold
- Police lieutenants exercising supervisory authority
- Clerical staff performing routine administrative tasks (Correct answer)
- City managers exercising executive discretion
Correct answer: Clerical staff performing routine administrative tasks
Clerical staff performing routine tasks typically meet the FLSA non-exempt classification and must receive overtime pay for hours over 40 per week.
Question 3: Which doctrine holds that either the employer or the employee may terminate the employment relationship at any time, for any reason, with or without notice?
- Implied contract doctrine
- At-will employment doctrine (Correct answer)
- Promissory estoppel doctrine
- Covenant of good faith doctrine
Correct answer: At-will employment doctrine
At-will employment is the default rule in most U.S. states, allowing either party to end employment without cause or notice.
Question 4: A city is experiencing budget shortfalls and must reduce its workforce. Which process provides unionized employees protection against arbitrary selection for layoff?
- Management rights clause
- Reduction-in-force (RIF) procedure based on seniority (Correct answer)
- Progressive discipline procedure
- Zipper clause
Correct answer: Reduction-in-force (RIF) procedure based on seniority
RIF procedures, commonly based on seniority, protect unionized employees by establishing objective criteria for layoff order.
Question 5: The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations unless doing so would cause:
- Any additional cost to the organization
- Undue hardship to the employer (Correct answer)
- A change to established job descriptions
- Other employees to assume additional duties temporarily
Correct answer: Undue hardship to the employer
The ADA requires reasonable accommodation unless it imposes an undue hardship, considering factors such as cost, resources, and impact on operations.
Question 6: In public sector labor relations, an impasse occurs when:
- A union files an unfair labor practice charge
- The parties fail to reach agreement after good-faith bargaining (Correct answer)
- Management exercises its reserved rights
- A grievance advances to arbitration
Correct answer: The parties fail to reach agreement after good-faith bargaining
An impasse is declared when good-faith negotiations have reached a deadlock and neither party can move toward agreement.
Question 7: Which Equal Employment Opportunity concept refers to a facially neutral policy that disproportionately excludes members of a protected class?
- Disparate treatment
- Quid pro quo harassment
- Disparate impact (Correct answer)
- Constructive discharge
Correct answer: Disparate impact
Disparate impact (also called adverse impact) occurs when a neutral policy has a disproportionate negative effect on a protected group.
CMM Human Resources & Labor Relations 2
A municipal employee files a grievance claiming the city violated a provision of the collective bargaining agreement.
What is the FIRST step in most contractual grievance procedures?