CPHR Labour and Employee Relations 2 — Questions and Answers
Question 1: Under the National Labor Relations Act (NLRA), which of the following is considered a mandatory subject of bargaining?
- Company logo and branding
- Wages, hours, and working conditions (Correct answer)
- Corporate investment strategy
- Executive compensation packages
Correct answer: Wages, hours, and working conditions
Wages, hours, and other working conditions are mandatory subjects of bargaining under the NLRA, meaning either party can insist on bargaining to impasse.
Question 2: A 'just cause' standard for discipline typically requires an employer to demonstrate which of the following?
- That the employee was aware of the rule and the penalty was proportionate (Correct answer)
- That the employee was terminated within 30 days of the infraction
- That a written warning was issued at least twice before termination
- That union consent was obtained prior to disciplinary action
Correct answer: That the employee was aware of the rule and the penalty was proportionate
Just cause requires the employer to show the employee knew the rule, the rule was reasonable, and the discipline was proportionate to the offense.
Question 3: Which type of union security clause requires all bargaining unit employees to pay union dues as a condition of employment, even if they are not union members?
- Closed shop
- Union shop
- Agency shop (Correct answer)
- Open shop
Correct answer: Agency shop
An agency shop requires all employees to pay dues or fees to the union but does not require formal union membership.
Question 4: An employer implements a new attendance policy without bargaining with the certified union. This action most likely constitutes a:
- Permissive subject violation
- Unilateral change unfair labor practice (Correct answer)
- Lawful management rights exercise
- Good faith bargaining impasse
Correct answer: Unilateral change unfair labor practice
Implementing a unilateral change to a mandatory subject of bargaining without notifying and bargaining with the union is an unfair labor practice.
Question 5: During contract negotiations, management and the union reach a point where neither side will move further. This is known as:
- Conciliation
- Mediation failure
- Bargaining impasse (Correct answer)
- Interest arbitration
Correct answer: Bargaining impasse
A bargaining impasse occurs when good faith negotiations have stalled and neither party is willing to make further concessions.
Question 6: Which grievance arbitration principle holds that an arbitrator's award must draw its essence from the collective bargaining agreement?
- Parol evidence rule
- Enterprise Wheel doctrine (Correct answer)
- Zipper clause principle
- Past practice rule
Correct answer: Enterprise Wheel doctrine
The Enterprise Wheel doctrine, established in United Steelworkers v. Enterprise Wheel, requires arbitration awards to be grounded in the collective agreement.
Question 7: An employee refuses to cross a picket line set up by another union at their workplace. Under most labor law frameworks, this action is:
- A protected concerted activity (Correct answer)
- Grounds for immediate termination
- A secondary boycott violation
- A wildcat strike
Correct answer: A protected concerted activity
Honoring another union's primary picket line is generally considered protected concerted activity under the NLRA.
CPHR Labour and Employee Relations 2
Under the National Labor Relations Act (NLRA), which of the following is considered a mandatory subject of bargaining?