Published - Fri, 03 Mar 2023

SPHR Questions - Part 108

1. If employees no longer want the union to represent them, they may petition the NLRB for which of the following?

A) Statutory bar
B) Decertification
C) Deauthorization
D) Contract bar

2. 'When the workplace is permeated with discriminatory intimidation, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment, Title VII is violated.' This is a statement made with regard to which of the following sexual-harassment court cases?

A) Harris v. Forklift Systems, Inc.
B) Faragher v. City of Boca Raton
C) Burlington Industries v. Ellerth
D) Oncale v. Sundowner Offshore Services

3. The Occupational Safety and Health Administration is to the Occupational Safety and Health Act as the National Labor Relations Board is to which of the following?

A) The Norris-La Guardia Act
B) The National Labor Relations Act
C) The Labor-Management Reporting and Disclosure Act
D) The Labor-Management Relations Act

4. An employee has resigned. During the exit interview, the employee tells HR that the reason for the resignation is that for the last 3 months the supervisor has been hostile, refused to provide instructions on work assignments, given the employee all the most unpleasant tasks in the department, and verbally reprimanded the employee in front of co-workers and customers. The employee may have a cause of legal action based on which of the following?

A) Fraudulent misrepresentation
B) The employer's duty of good faith and fair dealing
C) Constructive discharge
D) Promissory estoppel

5. During a unionizing campaign, management may do which of the following in response to union allegations?

A) Ask employees what the union is saying about the company.
B) Point out the consequences of unionization based on past facts.
C) Encourage nonunion employees to talk about the reasons they don't want the union.
D) Tell employees that the company will have to move the jobs to another country if the union is elected.Answer:

1. Right Answer: B
Explanation: Answer option B is correct.The NLRB will conduct a decertification election if the employees present a petition signed by 30 percent of the employees in the bargaining unit. Management may not participate in or encourage employees to circulate the petition or provide any support in the process. Doing so is considered an unfair labor practice. A union can be deauthorized (C) if employees want to remove a union security clause, such as dues check-off. If there is a valid CBA in place (D), the NLRB will not direct an election. The NLRA prohibits an election if one took place during the preceding 12 months (A).Chapter: Employee and Labor RelationsObjective: Review Questions

2. Right Answer: A
Explanation: Answer option A is correct.helped(B) and(C) were also important cases aiding in interpreting the concept of sexual harassment in the workplace.Chapter: Employee and Labor RelationsObjective: Review Questions

3. Right Answer: B
Explanation: Answer option B is correct.The NLRB was established by the NLRA to enforce provisions of the act related to conducting elections and preventing unfair labor practices. The LMRA, LMRDA and the Norris-La Guardia Act (D, C, A) are all examples of legislation influencing the application of unions in the workplace.Chapter: Employee and Labor RelationsObjective: Review Questions

4. Right Answer: C
Explanation: Answer option C is correct.Constructive discharge occurs when the employer forces an employee to resign by creating a work environment that is so unpleasant a reasonable person would resign. The duty of good faith and fair dealing (B) applies to contracts, requiring both parties to act in a fair and honest manner with each other to ensure that benefits of the contract are realized. Promissory estoppel (D) occurs when an employer entices an employee to take an action by promising a reward but then does not follow through on the reward. Fraudulent misrepresentation (A) occurs when an employer makes untrue promises or claims to a candidate.Chapter: Employee and Labor RelationsObjective: Review Questions

5. Right Answer: B
Explanation: Answer option B is correct.The company may make truthful statements about a unionized environment during an organizing campaign, such as pointing out that employees will have to pay dues to the union. Although nonunion employees are free to talk about their reasons for not wanting a union (C), it is an unfair labor practice for the employer to encourage them to do so. Telling employees that the company will have to move the jobs to another country if the union is elected (D) is also a ULP, because it constitutes a threat. Employers may not threaten, interrogate, promise, or spy on (TIPS) employees during an organizing campaign (A).Chapter: Employee and Labor RelationsObjective: Review Questions

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