Published - Fri, 03 Mar 2023

SPHR Questions - Part 109

1. Which of the following requires that employees act in the best interest of the employer?

A) Duty of diligence
B) Duty of obedience
C) Due process
D) Duty of loyalty

2. Which of the following is illegal except in the construction industry?

A) Union shop clause
B) Closed shop clause
C) Agency shop clause
D) Common shop clause

3. As an HR Professional you should be familiar with the terminology, practices, and rules governing union-based strikes. An organization utilizes union labor and non-union labor in their operations. The union goes on a strike; so the organization shifts work to the non-union labor to offset the effects of the strike. If the union labor decides to picket the operations of the non-union labor, what term is assigned to this process?

A) Double Breasting Picketing
B) Common situs picketing
C) Wildcat strikes
D) Sympathy strike

4. Mary is in an interview with the BAH Company and she asks the company about the stability of the company and its future plans. Tom, the interviewer, assuresMary that the company is solid and has long-term plans for growth and opportunity. Tom, however, knows that the plant and position that Mary is interviewing for will be closed in six months. Tom offers Mary the position of plant manager because he needs someone to manage the facility until they close the plant, but he doesn't tell Mary of his plans. This is an example of which of the following?

A) Defamation
B) Fraudulent misrepresentation
C) Constructive discharge
D) Respondeat superior

5. Which of the following Acts applies to businesses with federal contracts of $100,000 or more each year?

A) Sarbanes-Oxley Act
B) Drug-Free Workplace Act
C) Occupational Safety and Health Act
D) Mine Safety and Health Act

1. Right Answer: D
Explanation: swer option D is correct.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation

2. Right Answer: B
Explanation: Answer option B is correct.The closed shop clause is illegal except in the construction industry. The closed shop clause requires that all new hires be members of the union before they are hired.Answer option C is incorrect. The agency shop clause specifies that all employees must either join the union or pay union dues if they choose not to join the union.Answer option A is incorrect. The union shop clause requires that all employees join the union within a grace period specified by the contract.Answer option D is incorrect. There is no such term as common shop clause.Chapter: Employee and Labor RelationsObjective: Union Organization

3. Right Answer: A
Explanation: Answer option A is correct.When a union is on a strike and the organization shifts work to non-union operations, the union can picket the non-union operations. This is called a double breasting picket.Answer option D is incorrect. A sympathy strike occurs when non-striking workers don't cross the picket line of striking workers.Answer option B is incorrect. The common situs picketing happens when members of a picketing labor union picket a workplace in which multiple employers work.This could include employers who the picketers don't have a disagreement with.Answer option C is incorrect. A wildcat strike is when a collective bargaining agreement restricts strikes, but workers strike anyway.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Union Organization

4. Right Answer: B
Explanation: Answer option B is correct.Tom is committing fraudulent misrepresentation as Mary has asked about the well-being of the company. Tom knows the plant will be closing and just needs a manager for the plant for the next six months. He hires Mary without telling her this news and implies that the company has a commitment to Mary for a long time.Answer option C is incorrect. A constructive discharge is a workplace environment which is so hostile that the employee feels obligated to quit.Answer option D is incorrect. The Latin phrase respondeat superior means 'let the master answer.' It means the employer can be held liable for the actions of the employee.Answer option A is incorrect. Defamation happens when an employer or employee tries to defame the reputation of the other during or after a termination process.For example, an employer may give negative references about the terminated employee.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation

5. Right Answer: B
Explanation: Answer option B is correct.Chapter: Risk Management -Objective: Risk Management

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