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HRCI SPHR Practice Test - Questions Answers, Page 9
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Question 81
Herb is the HR Professional for his organization. He is preparing to hire a new employee, Hans, to the firm. Herb has asked Hans to agree, in writing, to mandatory arbitration as part of the employment offer. What does this agreement mean?
It means that Hans cannot work for competitors without the written permission of the employer.
It means that Herb's firm can research Hans to determine if he's had any lawsuits.
It means that Hans must file all legal complaints with the organization's attorney, before filing a lawsuit against the organization.
It means that Hans and the organization must settle all disputes, if any arise, through a neutral third party rather than through a lawsuit.
Answer option D is correct.
Mandatory arbitration helps the organization avoid lawsuits, should any arise, between the employee and the employer, by agreeing up-front to settle potential disagreements through an arbitrator versus a lawsuit.
Answer option A is incorrect. This answer describes a non-compete agreement.
Answer option B is incorrect. This isn't a valid answer for the mandatory arbitration agreement.
Answer option C is incorrect. Hans doesn't need to file legal complaints with his employer under this agreement. The agreement means that Hans and the employer will settle the problem without a lawsuit.
Chapter: Employee and Labor Relations
Objective: Dispute Resolution
Question 82
Your organization likes to use mediation rather than lawsuits to find amicable resolutions to issues and disputes. When mediation is required, there are several steps to the process. What step of the mediation process identifies alternative solutions to the problem?
Options
Fact-finding
Negotiating
Structure
Answer option A is correct.
There are six stages of mediation: structure, introductions, fact-finding, options, negotiating, and writing the agreement. The options stage identifies all possible alternative solutions to the problem.
Answer option B is incorrect. Fact-finding allows both sides to present their case and for the mediator to identify the facts.
Answer option C is incorrect. Negotiating helps the parties come to an agreement based on the identified options.
Answer option D is incorrect. Structure describes how and when the mediation process will occur.
Chapter: Employee and Labor Relations
Objective: Dispute Resolution
Question 83
As an HR Professional you must recognize, and be aware of several pieces of legislation that affects your performance as an HR Professional. Which one of the following acts exempted labor unions and agricultural organizations from The Sherman Antitrust Act?
The Clayton Act
The Railway Labor Act
The National Industrial Recovery Act
The National Labor Relations Act
Answer option A is correct.
The Clayton Act clarified language in The Sherman Antitrust Act, and deemed labor unions and agricultural unions exempt from The Sherman Antitrust Act.
Answer option B is incorrect. The Railway Labor Act applied onto, to interstate railroads, and required workers to keep the trains moving.
Answer option C is incorrect. The National Industrial Recovery Act guaranteed laborers the right to organize and bargain collectively.
Answer option D is incorrect. The National Labor Relations Act, also known as the Wagner Act, guaranteed the right to self-organization, to form, join, or assist labor organization, to bargain collectively through representatives of their own choosing.
Chapter: Employee and Labor Relations
Objective: Labor Relations
Question 84
A union is performing a jurisdictional strike in front of a construction site. What is a jurisdictional strike?
It is a strike through which the union seeks to pressurize an employer to assign a particular work to its members; rather than to members of other unions or to the non-union workers.
It is a strike through which the union seeks to pressurize an employer to agree to the terms of a new contract although there is already an approved contract in place.
It is a strike through which the union seeks to pressurize an employer to agree to the terms of a new contract because the current contract between the employer and the union has expired.
It is a strike through which the union seeks to pressurize an employer to assign all work to its members, rather than to members of non-union workers.
Answer option A is correct.
A jurisdictional strike is an effort by the union to get the employer to assign specific work to the union rather than to other unions or even non-union workers.
Answer option B is incorrect. This isn't a valid definition of a jurisdictional strike.
Answer option C is incorrect. This isn't a valid definition of a jurisdictional strike.
Answer option D is incorrect. This answer is close, but not the best choice. Note that the answer requests all work, not just particular work.
Chapter: Employee and Labor Relations
Objective: Labor Relations
Question 85
Which of the following HR strategies would be most useful in dealing with a workforce that lacks accountability?
Identify training needs through an assessment.
Conduct a skills assessment to determine performance deficiencies.
Begin to gather employee feedback through surveys and exit interviews.
Follow the progressive disciplinary process.
Answer option C is correct.
Employee-engagement activities center around the function of gathering meaningful feedback. Surveys, interviews, and focus groups are just some of the examples of formal feedback systems that can be used to improve organizational outcomes. From this feedback, solutions such as training (A) and targeted performance improvement plans (B, D) can be assessed. See Chapter 7 for more information.
Chapter: Employee and Labor Relations
Objective: Union Organization
Question 86
An organization has over 5,000 employees and a union has been trying to persuade the employees to join their union. Before the employees can vote in a union election, what percentage of the employee population must sign an authorization card for the union?
Ten percent
Thirty percent
Fifty percent
Eighty percent
Answer option B is correct.
The minimum amount of employees that must sign an authorization card is 30 percent before a union election may be held among the employees.
Answer option A is incorrect. Ten percent is too low for an election to be considered.
Answer option C is incorrect. While 30 percent is the minimum amount, most unions prefer fifty percent of the employee population to sign the authorization cards.
Answer option D is incorrect. Eighty percent is not a valid number for the minimum amount of voters.
Chapter: Employee and Labor Relations
Objective: Union Organization
Question 87
Heather's organization works with a labor union work force. Heather has heard rumors that the union has been trying to create a hot cargo agreement with a supplier. What is a hot cargo agreement?
It forces suppliers to join the union.
It's a threat that the union will slow down processing orders for non-union shops.
It's an agreement that an employer will stop doing business with a non-union business.
It's an agreement to rush orders for union-based businesses.
Answer option C is correct.
A hot cargo agreement is an agreement an employer makes to stop doing business with other, usually non-union based businesses.
Answer options A, B, and D are incorrect. These are'nt valid definitions of a hot cargo agreement.
Chapter: Employee and Labor Relations
Objective: Union Organization
Question 88
Management and union representatives are working through a collective bargaining agreement. What term is used in this process to describe arbitration that is used to resolve conflicts around contract language in the collective bargaining agreement?
Decisions
Interest arbitration
Ad hoc arbitration
Permanent arbitration
Answer option B is correct.
When there is arbitration between management and the union regarding contract language, it is commonly referred to as interest arbitration.
Answer option A is incorrect. Decisions describe the resolution of grievances based on the interpretation of the contract.
Answer option C is incorrect. Ad hoc arbitration isn't technically a term associated with contract language. Ad hoc arbitrators, however, is. Ad hoc arbitrators describe the ability of either management or union to be forced to use an arbitrator which they're not happy with.
Answer option D is incorrect. Permanent arbitration isn't technically a term associated with contract language. Permanent arbitrators, however, are. Permanent arbitrators describer an arbitrator that stays with the party (management or union) for the duration of the contract.
Chapter: Employee and Labor Relations
Objective: Union Organization
Question 89
Which of the following union security clauses requires that all employees join the union within a grace period specified by the contract?
Agency shop clause
Maintenance of membership clause
Union shop clause
Closed shop clause
Answer option C is correct.
The union shop clause requires that all employees join the union within a grace period specified by the contract.
Answer option A 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 B is incorrect. The maintenance of membership clause allows employees to choose whether to join the union, but once they join, they must remain members until the expiration of the contract.
Answer option D is incorrect. The closed shop clause requires that all new hires be members of the union before they are hired.
Chapter: Employee and Labor Relations
Objective: Union Organization
Question 90
Which of the following occurs when employees stop working and stay in the building?
Strike
Lockout
Wildcat strike
Sit-down strike
Answer option D is correct.
A sit-down strike occurs when employees stop working and stay in the building. This is considered as an unlawful strike.
Answer option A is incorrect. A strike occurs when the union decides to stop working.
Answer option B is incorrect. A lockout occurs when management shuts down operations to keep the union from working.
Answer option C is incorrect. A wildcat strike occurs in violation of a contract clause prohibiting strikes during the term of the contract.
Chapter: Employee and Labor Relations
Objective: Union Organization
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