CMM Human Resources & Labor Relations 4 — Questions and Answers
Question 1: Which civil service principle ensures that public employment decisions are based on merit rather than political affiliation or personal connections?
- Collective bargaining
- The spoils system
- The merit system (Correct answer)
- Position classification
Correct answer: The merit system
The merit system requires that public employment, promotion, and retention decisions be based on competence, qualifications, and performance.
Question 2: An employee alleges that their resignation was the result of intolerable working conditions deliberately created by management. This is the legal theory of:
- Wrongful termination
- Constructive discharge (Correct answer)
- Retaliatory discharge
- Tortious interference
Correct answer: Constructive discharge
Constructive discharge occurs when working conditions become so intolerable that a reasonable person would feel compelled to resign.
Question 3: In a municipal collective bargaining agreement, a 'zipper clause' is designed to:
- Require reopener negotiations on wages annually
- Prevent either party from demanding bargaining on non-contract topics during the contract term (Correct answer)
- Establish the process for arbitrating unresolved grievances
- Allow management to unilaterally change working conditions in an emergency
Correct 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.
Question 4: 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?
- Business necessity defense
- Bona fide occupational qualification (BFOQ) (Correct answer)
- Affirmative action exception
- Job-relatedness standard
Correct 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.
Question 5: 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?
- Central tendency error
- Recency bias
- Halo/horn effect (Correct answer)
- Leniency error
Correct 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.
Question 6: The Public Employee Relations Board (PERB) or equivalent state agency has primary jurisdiction over which type of complaint?
- Employee workers' compensation claims
- Unfair labor practice charges filed by unions or management (Correct answer)
- FMLA leave disputes
- Employee health insurance grievances
Correct 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.
Question 7: A city adopts a residency requirement mandating that all employees live within the city limits within 12 months of hire. This policy is:
- Prohibited by the FLSA as a condition of employment
- A legally permissible policy in most states unless restricted by state law (Correct answer)
- An unfair labor practice under the NLRA
- A violation of Title VII if it has disparate impact
Correct 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.
CMM Human Resources & Labor Relations 4
Which civil service principle ensures that public employment decisions are based on merit rather than political affiliation or personal connections?