SPHR Employee Relations and Engagement 3 — Questions and Answers
Question 1: Which approach BEST describes interest-based bargaining in a union environment?
- Each party stakes out maximum positions and makes incremental concessions
- Both parties identify underlying interests and collaboratively develop solutions (Correct answer)
- Management presents a final offer and the union votes to accept or reject
- A neutral arbitrator determines the final terms of the agreement
Correct answer: Both parties identify underlying interests and collaboratively develop solutions
Interest-based bargaining focuses on shared interests rather than positional demands to reach durable agreements.
Question 2: Under the Worker Adjustment and Retraining Notification (WARN) Act, which situation typically triggers the 60-day advance notice requirement?
- Laying off 25 employees at a 500-person facility due to a temporary slowdown
- Closing a plant that employs 120 workers permanently (Correct answer)
- Transferring 10 employees to a different work site 30 miles away
- Reducing all employees' hours by 5% for one quarter
Correct answer: Closing a plant that employs 120 workers permanently
The WARN Act requires 60-day notice for plant closings affecting 50 or more employees.
Question 3: A manager reports that a long-tenured employee has been consistently arriving late but has not been formally counseled. An SPHR would FIRST recommend:
- Issuing a final written warning immediately to document the pattern
- Training the manager to conduct a private, documented counseling conversation (Correct answer)
- Escalating to termination given the length of the behavior
- Reducing the employee's base pay to reflect reduced productivity
Correct answer: Training the manager to conduct a private, documented counseling conversation
Effective employee relations starts with equipping managers to address issues directly and documentably at the lowest level.
Question 4: Which theory suggests that employees are motivated when they believe their effort will lead to performance, performance will lead to outcomes, and those outcomes are valued?
- Maslow's Hierarchy of Needs
- Vroom's Expectancy Theory (Correct answer)
- Herzberg's Two-Factor Theory
- Adams' Equity Theory
Correct answer: Vroom's Expectancy Theory
Vroom's Expectancy Theory explains motivation through the linkage of effort, performance, and valued rewards.
Question 5: An employee who belongs to a protected class is terminated after reporting a safety violation. What legal claim is MOST directly applicable?
- Breach of implied contract
- Retaliation under whistleblower protection statutes (Correct answer)
- Disparate impact discrimination
- Constructive discharge
Correct answer: Retaliation under whistleblower protection statutes
Terminating an employee for reporting safety violations constitutes retaliation protected under OSHA and other statutes.
Question 6: Which action by HR demonstrates a high-road employee relations philosophy?
- Enforcing strict monitoring software on all remote employees without disclosure
- Proactively sharing business performance data to build trust and transparency (Correct answer)
- Limiting employee access to the employee handbook to reduce legal exposure
- Requiring employees to waive all grievance rights as a condition of employment
Correct answer: Proactively sharing business performance data to build trust and transparency
High-road employee relations emphasizes transparency, trust, and treating employees as valued partners.
Question 7: A union files an unfair labor practice (ULP) charge with the NLRB alleging the employer unilaterally changed health benefits during contract negotiations. Which employer action would support this charge?
- Presenting economic proposals in writing at the bargaining table
- Implementing benefit changes without bargaining to impasse or union agreement (Correct answer)
- Hiring a labor attorney to represent the company at the bargaining table
- Requesting that bargaining sessions be recorded
Correct answer: Implementing benefit changes without bargaining to impasse or union agreement
Unilaterally changing mandatory subjects of bargaining during negotiations violates the duty to bargain in good faith under the NLRA.
SPHR Employee Relations and Engagement 3
Which approach BEST describes interest-based bargaining in a union environment?