Q&A Hero

Q: Most national unions are affiliated with the _____, an association that seeks to advance the shared interests of its member unions at the national level. A. NLRA B. Change to Win C. AFL-CIO D. Chamber of Commerce E. National Association of Manufacturers

Q: Define the four-fifths rule.

Q: How is an industrial union different from a craft union? A. All the members of an industrial union have a particular skill or occupation. B. An industrial union is often responsible for training its members through apprenticeships. C. An industrial union organizes as many employees in as wide a range of skills. D. An industrial union represents a particular occupation. E. An industrial union's members change employers more often.

Q: List any three regulatory interpretations issued by the EEOC.

Q: Define qualified individual with a disability.

Q: Which of the following is a characteristic of an industrial union? A. All the members are in the same occupation. B. Union leaders try to limit the number of members in order to maintain high wages. C. Members are linked by their work in a particular industry. D. Members change employers more frequently than in other types of unions. E. It is often responsible for training its members through apprenticeships.

Q: Which of the following is true of craft unions? A. It represents many different occupations. B. Membership in the union is the result of working for a particular employer in the industry. C. Changing employers is not very common. D. It is often responsible for training members through apprenticeships. E. It consists of members who are linked by their work in a particular industry.

Q: List the rules provided by the EEOC for the imposition of BFOQs.

Q: What is the purpose of the Equal Pay Act of 1963?

Q: A labor union all of whose members have a particular skill or occupation is known as a(n) _____ union. A. common B. industrial C. craft D. regional E. employer's

Q: Which of the following decisions in labor relations involves day-to-day activities in which union members and the organizations managers may have disagreements? A. Administering contracts B. Formulating labor relations strategy C. Lobbying for labor law changes D. Negotiating contracts E. Implementing labor laws

Q: A competitor of yours just lost a lawsuit involving disparate treatment in their selection practices of women, and will have to comply with a court-ordered affirmative action program. This has prompted you to review your practices, which revealed disparate impact in your hiring of women, as well as certain minorities. To avoid a lawsuit, you decide to implement a voluntary affirmative action program. Describe what constitutes a legal voluntary affirmative action program. What makes an involuntary affirmative action program legal?

Q: The labor relations decision regarding _____ in a union setting involves decisions about pay structure, job security, work rules, workplace safety, and many other issues. These decisions affect workers' and the employer's situation for the term of the contract. A. administering contracts B. formulating labor relations strategy C. lobbying for labor law changes D. negotiating contracts E. implementing labor laws

Q: Define disparate treatment and disparate (adverse) impact. How are they different? Give an example of each.

Q: In the context of the three levels of decisions involved in labor relations, which of the following management decisions relates to whether the organization will work with unions or develop (or maintain) nonunion operations? A. Negotiating contracts B. Formulating labor relations strategy C. Engaging in corporate governance D. Administering contracts E. Relationship management

Q: The organization that you work for has recently had sexual harassment litigation brought against it. In response, the CEO has asked you to develop a management strategy against sexual harassment. Discuss how you would develop such a plan.

Q: An individual believes that he or she has been a victim of illegal discrimination and wishes to pursue a claim through the legal system. Describe the process that he/she may go through.

Q: Which of the following defines labor relations? A. It is an association that seeks to advance the shared interests of its member unions at the national level. B. It is the election of an employee by union members to represent them in ensuring that the terms of the labor contract are enforced. C. It is a contract provision under which the employer, on behalf of the union, automatically deducts union dues from employees paychecks. D. It is the field that emphasizes skills that managers and union leaders can use to minimize costly forms of conflict and seek win-win solutions to disagreements. E. It is an alternative form of union membership in which members receive discounts on insurance and credit cards rather than representation in collective bargaining.

Q: In the Zimpfer exercise, an ADEA case, the county, for its defense, would need to present A) The prima facie case. B) A reasonable factor other than age that was the basis of the decision. C) Proof that younger employees are preferred by customers. D Evidence that they never hire older employees because it is inconvenient E) Evidence of race norming that is supportive of the hiring decision

Q: Organizations formed for the purpose of representing their members' interests in dealing with employers are known as: A. employee guilds. B. sororities. C. lobbies. D. member clubs. E. labor unions.

Q: The traditional understanding of union-management relations is that the two parties are mutually beneficial to each other.

Q: Disparate treatment occurs when: A) When employment procedures have a disproportionately negative effect on members of a protected group. B) The selection rate for a protected group is less than four-fifths (80%) of the rate for the group with the highest selection rate. C) An employer intentionally discriminates against one or more members of a protected group. D) An employer is able to demonstrate job relatedness for an employment practice. E) When an employer claims undue hardship when considering the reasonableness of an accommodation under ADA

Q: What did the Supreme Court say about the use of tests in Griggs v. Duke Power? A) Tests are legal for selection if used for only entry-level jobs; they are not valid for internal candidates B) Tests are always illegal if they result in adverse impact, regardless of how performance is related to test results C) Personality tests cannot be used for selection if they are administered pre-offer D) Job relatedness can be an affirmative defense if the test is valid, regardless of adverse impact

Q: According to data from the Federal Mediation and Conciliation Service, the largest share of arbitration cases involved wages.

Q: As a manager gathering information necessary to determine the validity of a claim of disparate treatment alleged by a current employee, it would be important to consider: A) The plaintiffs race, gender, national origin, color and religion B) Is there evidence of intent? C) Consistency in decision making criteria, such as scores on an exam, by the company D) All of the above E) A and C only

Q: Under the National Labor Relations Act, the union has a duty of fair representation, which means the union must give equal representation to all members of the bargaining unit, whether or not they actually belong to the union.

Q: Courts generally avoid reviewing arbitrators' decisions and focus only on whether the grievance involved an issue that is subject to arbitration under the contract.

Q: You are a manager with a U.S. company working in a division of the company that is located in Germany. You report to a Director, who is from Germany. You are due for a raise; however, your manager has indicated that you will only receive the increase in salary if you agree to start dating. Whish of the following is correct. A) As a U.S. citizen working outside the United States, you are only covered by local law, and if there is no local law, you will need to decide if you really want the raise. B) U.S. citizens working outside the United States are subject to Title VII and therefore you would be legally protected from the harassment C) With the exception of the Americans with Disabilities Act, the employees of a U.S. company working outside of the borders of the United States are subject to local law. D) You have a potential case of sexual harassment, and you will need to return to the United States to file the claim and pursue legal action. E) Multinational employers are required to engage in mediation to resolve all issues of employment discrimination.

Q: Bargaining over a new contract typically occurs only about every three years.

Q: A manager is suggesting that the company use the results of genetic testing as criteria for promotion to senior technical positions. The company will pay for the testing. Employees who do not agree to the testing will not be offered promotional opportunities. Which of the following is correct? A) This is legal because the company is paying for the costs associated with the testing, and they will apply the criteria consistently across all employees being considered B) It cannot be determined if this is legal or illegal because we do not have information that tell us if the criteria is job related or not. C) This is illegal under ADA because the testing is being imposed on current employees. If it were for outside applicants, it would be illegal D) This is legal under GINA, because employers are allowed to test current employees, however results of genetic testing cannot be used in decisions regarding applicants. E) This is illegal under GINA, which prohibits the use of genetic test results being used for firing, or promotional decisions.

Q: Mediation is the most formal and least used method of conflict resolution.

Q: If the employee departs the organization without following the organizations harassment prevention procedures, can the employee file a complaint with the EEOC? A) No, the employee must immediately follow the organizations harassment prevention procedures in order to qualify to file with the EEOC B) Yes, as long as the complaint is filed in and EEOC office within 180 days of when the harassment occurred. C) No, since the employee plans to voluntarily terminate the employment relationship, it is too late to file with the EEOC D) Yes, as long as the complaint is filed in an EEOC office within 180 days of the date employment was terminated. E. No, however the employee may decide to file with the state agency responsible for charges of discrimination, because they do no have a time constraint on harassment related charges.

Q: During a strike, the union members do not receive pay from their employer, but the union may be able to make up for some of the lost pay.

Q: Now that you are aware of the alleged harassment, what should the manager do on behalf of the organization? A) Immediately terminate the employee identified as the harasser B) Respect the employees request and do nothing further C) Ignore the matter because the employee waited until it was too late to bring it up D) Treat the matter seriously and conduct an investigation, including interviewing witnesses E) Ignore the matter because the company policy clearly states that the victim must first confront the harasser before making a complaint to management

Q: The relative bargaining power of labor and management during contract negotiations depends on each party's ability to withstand a strike.

Q: A charge of discrimination must be filed within __________ days from the date of the alleged violation, in order to protect the charging partys rights. A) 90 B) 45 C) 300 D) 180 E) 150

Q: If an individual believes that they have been a victim of illegal discrimination and wishes to pursue a claim through the legal system, the complaint must first be filed with the __________. A) EEOC B) ADA C) ADEA D) Civil Rights Act E) OFCCP

Q: __________ is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. A) Retaliation B) Discrimination C) Arbitration D) Validation E) Mediation

Q: Associate union membership is linked to an employees workplace.

Q: An outside party cannot be barred from holding an election for more than three years.

Q: EEOC stands for __________. A) Equal Employment Opportunity Commission B) Equal Employment Opportunity Community C) Equal Employment Opportunity Channel D) Equal Employment Opportunity Committee E) Equal Employment Opportunity Contract

Q: If at least 30 percent of an organization's employees sign an authorization card, the union may request that the employer voluntarily recognize the union.

Q: If an action requires significant difficulty or expense when considered in relation to factors such as a businesss size, financial resources, and the nature and structure of its operation this could be considered to be a/an _________. A) Reasonable accommodation B) Prohibited inquiry C) Undue hardship D) Denial of benefits E) Reduced benefits

Q: Enforcement of the National Labor Relations Act rests with the Federal Mediation and Conciliation Service.

Q: Which of the following is not a provision of the ADA? A) Buildings financed with public funds need to be accessible to the disabled B) With accommodation, employees must be able to perform the essential functions of the job C) Employers are required to accommodate disabilities that do not cause undue hardship D) Disabled candidates need to provide written documentation of their disability E) Pre-employment medical examinations may be required before a job offer is made

Q: Right-to-work laws grant both the employee and employer the right to terminate the employment relationship at any time with or without cause or notice.

Q: An organization has two final candidates for a new position. One is a 35-year-old female and the other is a 51-year-old male. The company makes a decision to hire the older candidate. Both candidates have very similar qualifications. Which of the following is true? A) The hiring manager should ensure that both candidates were presented with the same selection tests, and that scoring was done in a consistent manner B) The company may have been at risk, however, only impact theory is recognized, disparate treatment claims are not allowed under ADEA. C) The 51-year old candidate demonstrated that they have a disability and that is the reason for the preferential treatment under ADEA D) The company will have to show that the female candidate requested a higher level of compensation than the older candidate E) The 35-year-old female candidate may have a case of reverse discrimination and can file suit under the ADEA

Q: Originally, the NLRA did not list any unfair labor practices by unions.

Q: Which of the following conditions help an employer limit liability for sexual harassment? A) There was documented physical contact between the victim and the accused B) The grievance policy allows the victim to bring their complaint to someone other than their immediate supervisor C) At the time of the harassment there was no formal policy outlining the detailing the right to an environment free from harassment D) The employer took time between the filing of the complaint and the investigation in order to ensure that the victim was calm through the process E) The victim and the accused are of the same gender and did not work at the same location

Q: Joining a union, whether recognized by the employer or not, is an activity protected under the NLRA.

Q: In 2004, the Supreme Court ruled that race could be a factor in university admissions, but cannot be an overriding factor in admission decisions. The two cases from which the court drew these conclusions were: A) Smith v. Jackson and Watson v. Fort Worth Bank & Trust. B) Vinson v. Meritor and Harris v. Forklift. C) Harris v. Forklift and Gratz v. Bollinger. D) Gratz v. Bollinger and Grutter v. Bollinger. E) Grutter v. Bollinger and Vinson v. Meritor.

Q: Under a checkoff provision, a person must be a union member before being hired.

Q: The 1988 Supreme Court case of Watson v. Fort Worth Bank & Trust established that: A) employment testing must be job related. B) a hostile environment is necessary for sexual harassment to have occurred. C) psychological harm is necessary for sexual harassment to have occurred D) the disparate impact theory may be applied to subjective employment practices. E) bone fide occupational qualifications (BFOQs) are not a legal argument for discrimination.

Q: In their labor relations, managers prefer to increase wages and benefits and to give maximum control to workers over work rules and schedules.

Q: The concept that both employees and employers can terminate an employment relationship at any time, for any reason other than those covered by law, is known as: A) employment rights. B) employer rights. C) contract at will. D) contract law. E) employment at will.

Q: Most studies have found that union workers are more productive than nonunion workers.

Q: Which of the following statements is true regarding job-relatedness? A) Employers have won the majority of cases dealing specifically with job relatedness after the prima facie case has been established B) In Connecticut v. Teal, the Supreme Court declared that the job relatedness argument does not have to be applied to all steps of a multiple-hurdle selection process. C) Employers are not required to use specific criteria to compare selection to actual job performance in order to measure job relatedness D) Employers need to establish the reliability of criteria required for a job; they do not need to meet the higher standard of validity in establishing job relatedness E) Employers can support job relatedness through the use of job analysis to identify specific knowledge, skills and abilities.

Q: Unlike union membership for workers in businesses, union membership among government workers has remained strong.

Q: Which of the following cases dealt with the issue of sexual harassment? A) McDonnell Douglas v. Green B) Watson v. Fort Worth Bank & Trust C) Diaz vs. Pan American World Airways D) Harris v. Forklift E) United Steelworkers vs. Weber

Q: On average, unionized workers receive higher pay than their nonunionized counterparts.

Q: Who carries the initial burden of proof when demonstrating that a prima facie case of discrimination exists? A) The court B) The defendant C) The district attorney D) The Equal Employment Opportunity Commission (EEOC) E) The plaintiff

Q: Contrary to public perception, services industries such as finance, insurance, and real estate have higher union representation than manufacturing.

Q: To demonstrate that a prima facie case of employment discrimination exists, the plaintiff must: A) Show that there is high likelihood that a violation of EEO law has occurred. B) Demonstrate that the selection rate for a protected group is less than four-fifths (80%) of the rate for the group with the highest selection rate. C) Provide some proof of a legitimate, nondiscriminatory reason for the employment decision. D) Demonstrate that the alleged discrimination was intentional. E) Demonstrate that the test being used for selection is job related and there is no alternative method.

Q: A union steward is a person hired by management to monitor union activity and report violations, if any.

Q: The AFL-CIO is by far the largest labor union in the U.S.

Q: What does the term "prima facie" mean? A) A body of facts presumed to be true until proven otherwise B) An unintentional case of unfair discrimination C) The court's final ruling D) Past case law E) Past legislation

Q: Which the following constitutes a probable case of disparate impact? A) An organization hires 25 whites and no African-Americans from a pool of 50 white and 50 African-American applicants B) Female applicants of childbearing age are not hired for jobs requiring the use of chemicals. C) An organization hires 30 whites and 15 African Americans from a pool of 90 white and 20 African-American applicants. D) There are different criteria for promotion depending on a candidate's religion. E) An organization intentionally does not promote employees who are more than 50 years old.

Q: A craft union's bargaining power depends greatly on the control it can exercise over the supply of its workers.

Q: The _____ is a federal law that requires employers to permit employees or their dependents to extend their health insurance coverage at group rates for up to 36 months following a qualifying event, such as a layoff, reduction in hours, or the employees death. A. Family and Medical Leave Act (FMLA) B. Employee Retirement Income Security Act (ERISA) C. Social Security Act D. Consolidated Omnibus Budget Reconciliation Act (COBRA) E. Sarbanes-Oxley Act

Q: In the Goebel et al v. Frank Clothiers exercise, the company could have avoided adverse impact by interpreting the test scores according to ethnic classification of the test taker. Which of the following is correct regarding this approach? A) Although this would involve reverse discrimination, this is legally feasible B) This is known as race norming and is illegal under the CRA post 1991 C) This approach is consistent with sound HRM and High Performance Work Practices D) This method is recommended by the courts and supported by meta-analysis data E) This is race norming and is illegal under the CRA of 1991

Q: The purpose of floating holidays is to allow employees to: A. extend a Tuesday or Thursday holiday into a long weekend. B. decide which national holidays they wish to observe with pay. C. take time off for personal reasons on any day of the week. D. allow international employees to observe legal holidays within their country of assignment. E. pool in the different types of leaves and enjoy long paid vacations.

Q: __________ is defined as employment decision making or working conditions that are advantageous (or disadvantageous) to members of one group compared to members of another group. A) Civil rights B) Implied contract C) Discrimination D) Employment at will E) Employment rights

Q: Concern there may be a lawsuit filed is reason enough to use race or gender as a determinant of hiring, even if there is a detrimental impact on another group.

Q: While the number of mandatory days of paid vacation in Western Europe is about 30 days, the U.S. companies typically offer: A. five paid holidays each year. B. 10 paid holidays each year. C. 20 paid holidays each year. D. more than 40 paid holidays each year. E. more than two weeks of paid holidays each year.

Q: According to the decision in Ricci v. DeStefano, if an organization decides to not use the results of a selection test because of concerns there may be disparate impact against a protected class, then there cannot be a disparate impact case filed by another protected class.

Q: Which of the following is true of an employee's domestic partner under the health insurance benefits? A. They are not considered as dependents of the employee. B. They are not covered under the employee's health insurance benefits. C. They get the same tax benefits as those received by spouses. D. They receive benefits only if they work in the same firm as the employee. E. They get benefits that are taxed as wages of the employee receiving the benefits.

Q: The Pregnancy Discrimination Act of 1978 requires employers: A. to offer disability plans with pregnancy-related coverage. B. offer disability plans to treat pregnancy as they would any other disability. C. to provide up to six weeks of paid leave to either parent upon the birth of a child. D. to provide up to six weeks of unpaid leave to either parent upon the birth of a child. E. to offer disability leave up to one month to either parent before the birth of a child.

Q: A company can establish a voluntary affirmative action program to hire and promote qualified minorities even if there is no history within the company of past discrimination.

Q: Which of the following benefits required by law provides coverage according to state requirements? A. Paid leave B. Medical care C. Sick leave D. Workers compensation insurance E. Social Security

Q: In Sexual Harassment cases, a company needs to ensure that they are protecting the rights of the accused in addition to those of the victim.