PHR Employee and Labor Relations Questions and Answers — 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?
- A lawful exercise of employer free speech.
- Domination of a labor organization.
- Interference, restraint, or coercion of employees. (Correct answer)
- A refusal to bargain in good faith.
Correct answer: Interference, restraint, or coercion of employees.
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?
- The right to have a union representative present during the interview. (Correct answer)
- The right to have a private attorney present at the company's expense.
- The right to refuse to participate in the interview without any consequences.
- The right to receive a written summary of all questions before the meeting.
Correct answer: The right to have a union representative present during the interview.
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?
- To establish a clear and defensible record for termination.
- To give employees an opportunity to correct poor performance or behavior. (Correct answer)
- To ensure all policy violations are treated with identical consequences.
- To reduce the administrative burden on managers when issuing discipline.
Correct answer: To give employees an opportunity to correct poor performance or behavior.
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?
- Permissive
- Strategic
- Mandatory (Correct answer)
- Illegal
Correct answer: Mandatory
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:
- First establishing the National Labor Relations Board (NLRB).
- Granting private-sector employees the right to form and join unions.
- Creating a list of mandatory subjects for collective bargaining.
- Defining and prohibiting unfair labor practices by unions. (Correct answer)
Correct answer: Defining and prohibiting unfair labor practices by unions.
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.
Question 6: An HR manager receives a formal complaint of harassment from an employee against their direct supervisor. Which of the following is the MOST critical immediate step for the HR manager to take?
- Promise the complainant that the supervisor will be terminated if the allegations are true.
- Tell the complainant that their report will be kept completely confidential.
- Relocate the complainant to a different department to de-escalate the situation.
- Take interim measures to prevent further potential harm and begin a prompt investigation. (Correct answer)
Correct answer: Take interim measures to prevent further potential harm and begin a prompt investigation.
The employer has a duty to take immediate and appropriate action. The first priority is to prevent any further potential harassment or retaliation while an investigation is initiated. This could involve separating the parties or other interim measures. Promising a specific outcome is premature, absolute confidentiality cannot be guaranteed during an investigation, and moving the complainant could be seen as retaliatory.
PHR Employee and Labor Relations Questions and Answers
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?