PHR Employee and Labor Relations Questions and Answers

Question 1

A manager at a manufacturing plant learns that several employees are discussing unionization. During a team meeting, the manager promises a significant, previously unplanned wage increase to all employees if they agree to vote against forming a union. Under the National Labor Relations Act (NLRA), what has the manager most likely committed?

Accepted Answer

Interference, restraint, or coercion of employees.

Answer

The NLRA prohibits employers from interfering with, restraining, or coercing employees in the exercise of their Section 7 rights, which include the right to form or join a union. Promising benefits to discourage union activity is a classic example of an unfair labor practice (ULP) because it coerces employees into abandoning their rights.

Question 2

An employee in a unionized workplace is called into an investigatory interview with HR that they reasonably believe could result in disciplinary action. According to the NLRB v. J. Weingarten, Inc. Supreme Court decision, what right does this employee have?

Accepted Answer

The right to have a union representative present during the interview.

Answer

The Supreme Court's ruling in NLRB v. J. Weingarten, Inc. established that employees in a unionized workplace have the right to request and have a union representative present during any investigatory interview that the employee reasonably believes could lead to discipline. This is commonly known as an employee's "Weingarten Rights."

Question 3

Which of the following is the PRIMARY purpose of implementing a progressive discipline policy?

Accepted Answer

To give employees an opportunity to correct poor performance or behavior.

Answer

The primary goal of a progressive discipline policy is corrective, not punitive. It is designed to notify an employee of a performance or conduct issue and provide them with a structured opportunity to improve before more severe disciplinary measures, such as termination, are implemented.

Question 4

During collective bargaining negotiations, the union demands to negotiate over employee health insurance premium contributions. Management states that this topic is a management right and refuses to discuss it. Under the NLRA, the company's action is a violation of its duty to bargain over what type of subject?

Accepted Answer

Mandatory

Answer

Wages, hours, and other terms and conditions of employment are considered mandatory subjects of bargaining. Health insurance benefits fall squarely into this category. Both parties are legally required to bargain in good faith over these subjects, and a flat refusal to do so constitutes an unfair labor practice.

Question 5

The Labor Management Relations Act (LMRA) of 1947, also known as the Taft-Hartley Act, significantly amended the original National Labor Relations Act (NLRA) by:

Accepted Answer

Defining and prohibiting unfair labor practices by unions.

Answer

While the original NLRA (Wagner Act) focused on employer unfair labor practices (ULPs), the Taft-Hartley Act was passed to balance the power between labor and management. It accomplished this by adding a list of ULPs that unions were prohibited from engaging in, such as coercing employees or refusing to bargain in good faith.

PHR Practice Test

PHR Practice Test

PHR Employee and Labor Relations Questions and Answers