CMM Human Resources & Labor Relations 5 — Questions and Answers
Question 1: Which recruitment approach involves filling a position by considering only employees currently working within the organization before advertising externally?
- Open competitive recruitment
- Continuous recruitment
- Promotional or internal recruitment (Correct answer)
- Lateral entry recruitment
Correct answer: Promotional or internal recruitment
Promotional or internal recruitment limits the applicant pool to current employees, supporting career development and rewarding organizational loyalty.
Question 2: A city manager is negotiating a successor collective bargaining agreement. The union proposes a 'maintenance of membership' clause. What does this mean?
- All employees in the bargaining unit must join the union within 30 days
- Employees who are union members at contract signing must remain members through the contract term (Correct answer)
- Union dues are automatically deducted from all employee paychecks
- The city must maintain current staffing levels throughout the contract
Correct answer: Employees who are union members at contract signing must remain members through the contract term
Maintenance of membership requires that employees who are union members when the contract takes effect remain members for the duration of the agreement.
Question 3: Which legal framework specifically protects the right of public employees to organize and bargain collectively at the federal level?
- The National Labor Relations Act (NLRA)
- The Civil Service Reform Act of 1978, Title VII
- The Fair Labor Standards Act (FLSA)
- Executive Order 10988 (1962) and its successors (Correct answer)
Correct answer: Executive Order 10988 (1962) and its successors
Federal employees' collective bargaining rights stem from Executive Order 10988 (Kennedy, 1962), later codified by the Federal Service Labor-Management Relations Statute in the Civil Service Reform Act of 1978.
Question 4: During a disciplinary investigation, a municipal manager discovers the accused employee has a prior disciplinary record. Under progressive discipline, this information MOST appropriately:
- Should be disregarded entirely to ensure a fair current investigation
- May be considered when determining the severity of the current penalty (Correct answer)
- Automatically results in termination regardless of the current offense
- Cannot be used unless the employee waives confidentiality
Correct answer: May be considered when determining the severity of the current penalty
Progressive discipline considers prior disciplinary history as an aggravating factor when determining the appropriate penalty for a current infraction.
Question 5: Which selection method has been shown to have the HIGHEST predictive validity for future job performance?
- Unstructured reference checks
- Unstructured personal interviews
- Work sample tests and structured behavioral interviews (Correct answer)
- Years of prior experience alone
Correct answer: Work sample tests and structured behavioral interviews
Research consistently shows that work sample tests and structured behavioral interviews, especially used together, have the highest predictive validity for job performance.
Question 6: An employee who reports a supervisor's illegal activity to a state agency and is subsequently demoted may have a claim under:
- The Freedom of Information Act
- Whistleblower protection statutes (Correct answer)
- The Occupational Safety and Health Act only
- The First Amendment directly, without other protection
Correct answer: Whistleblower protection statutes
Most states and the federal government have whistleblower protection statutes that prohibit retaliation against employees who report illegal activity.
Question 7: A 'zipper clause' aside, which doctrine requires a public employer to bargain over a mandatory subject before changing a condition of employment during a contract term?
- Management rights doctrine
- Past practice doctrine
- Duty to bargain in good faith / mid-term bargaining obligation (Correct answer)
- Contract bar rule
Correct answer: Duty to bargain in good faith / mid-term bargaining obligation
The duty to bargain in good faith generally requires that an employer bargain with the union before unilaterally changing a mandatory subject of bargaining, even during a contract term if not addressed by the agreement.
CMM Human Resources & Labor Relations 5
Which recruitment approach involves filling a position by considering only employees currently working within the organization before advertising externally?