SHRM-CP Employee & Labor Relations 1 — Questions and Answers
Question 1: Under the National Labor Relations Act (NLRA), which of the following is considered a protected concerted activity?
- An employee discussing wages with a coworker (Correct answer)
- An employee refusing to follow a manager's lawful directive
- An employee stealing company property while on strike
- An employee spreading false rumors about a supervisor
Correct answer: An employee discussing wages with a coworker
The NLRA protects employees' rights to discuss wages and working conditions with coworkers as concerted activity for mutual aid and protection.
Question 2: Which federal law prohibits employers from interfering with employees' rights to organize and engage in collective bargaining?
- Fair Labor Standards Act (FLSA)
- National Labor Relations Act (NLRA) (Correct answer)
- Occupational Safety and Health Act (OSHA)
- Employee Retirement Income Security Act (ERISA)
Correct answer: National Labor Relations Act (NLRA)
The NLRA (1935) establishes employees' rights to organize, form unions, and engage in collective bargaining free from employer interference.
Question 3: What is the primary purpose of an employee grievance procedure?
- To discipline employees who violate company policies
- To provide a structured process for resolving workplace disputes (Correct answer)
- To document employee performance for termination purposes
- To comply with OSHA safety reporting requirements
Correct answer: To provide a structured process for resolving workplace disputes
A grievance procedure provides employees a formal channel to raise and resolve workplace disputes through a defined, consistent process.
Question 4: Which of the following best describes the 'just cause' standard for employee termination?
- Termination based solely on an employer's business needs
- Termination requiring only documented performance reviews
- Termination requiring a sufficient reason and fair investigative procedures (Correct answer)
- Termination allowed at any time without explanation in at-will states
Correct answer: Termination requiring a sufficient reason and fair investigative procedures
Just cause requires employers to have a legitimate, documented reason for termination and to follow fair, consistent procedures before acting.
Question 5: An HR manager discovers that two employees are in a romantic relationship and one directly supervises the other. What is the most appropriate first step?
- Immediately terminate the supervising employee
- Issue a formal written warning to both employees
- Assess potential conflicts of interest and consider structural remedies such as reassignment (Correct answer)
- Require the employees to disclose the relationship to all coworkers
Correct answer: Assess potential conflicts of interest and consider structural remedies such as reassignment
HR should evaluate the conflict of interest and consider structural solutions like reassignment before taking punitive action.
Question 6: Which of the following is an example of an unfair labor practice (ULP) by an employer?
- Requiring employees to attend mandatory safety training
- Threatening employees who support union organizing (Correct answer)
- Implementing a drug testing policy after collective bargaining
- Establishing an at-will employment policy
Correct answer: Threatening employees who support union organizing
Threatening employees for union organizing activities violates the NLRA's prohibition against interfering with employees' rights to organize.
Question 7: What is 'progressive discipline' in an employment context?
- A system where managers can immediately terminate employees for any infraction
- A disciplinary approach using increasingly severe consequences for repeated violations (Correct answer)
- A training program designed to improve employee performance metrics
- A federal legal requirement under the NLRA
Correct answer: A disciplinary approach using increasingly severe consequences for repeated violations
Progressive discipline escalates consequences (verbal warning → written warning → suspension → termination) to give employees opportunities to correct behavior.
Under the National Labor Relations Act (NLRA), which of the following is considered a protected concerted activity?