Employee and labor relations, the PHR’s largest area

A newly certified union proposes a contract clause requiring the employer to hire only applicants who are already union members. How does the LMRA treat this clause?

1. It is legal if employees vote to approve it
   A vote cannot make a closed-shop clause lawful.
2. It is legal as a union shop
   A union shop requires joining after hire, not union membership before hire, so the clause is not a union shop.
3. It is illegal as a closed shop
   A closed shop, where the employer may hire only current union members, was outlawed by the Taft-Hartley Act (LMRA).
4. It is illegal only in right-to-work states
   The LMRA bans closed shops nationwide; right-to-work laws govern union-security clauses after hire, not hiring only union members.

A no-fault attendance policy assigns points for every absence. An employee's record includes three days of approved FMLA leave. How should HR handle those days under the policy?

1. Count them but waive the resulting discipline
   Counting the days but waiving discipline still uses protected leave against the employee's record.
2. Count them only if no doctor's note exists
   Whether FMLA leave is protected does not depend on a doctor's note once the leave is approved.
3. Count them like any other absence
   Counting FMLA leave as an ordinary absence interferes with FMLA rights.
4. Exclude them from the point count
   FMLA-protected absences cannot count against the employee under a no-fault policy, so they are excluded from the points.

After a merger, HR wants to harmonize pay and policies across both companies. One company's production workers are unionized. Which document limits what the employer can change on its own for those workers?

1. The collective bargaining agreement
   The CBA sets pay and working conditions for unionized workers, and the employer must bargain before changing them.
2. The compensation survey
   A compensation survey supplies market data; it places no limits on the employer.
3. The organization chart
   An organization chart shows reporting lines and does not restrict changes to pay or policy.
4. The employee handbook and policy manual
   The handbook can be changed by the employer, but it cannot override the contract for union workers.

During contract negotiations, which topic is a MANDATORY subject of bargaining under the NLRA?

1. Benefits for already-retired employees
   Benefits for already-retired workers are a permissive subject, since retirees are not unit employees.
2. Drug testing of current employees
   The NLRB treats drug testing of current employees as a mandatory subject because it affects working conditions.
3. The membership of the board of directors
   Board membership is a core management decision, which makes it a permissive subject at most.
4. A closed-shop requirement for new hires
   A closed-shop requirement is illegal under the LMRA, so it cannot be bargained at all.

A machine operator's hand injury requires stitches, and the employee returns to full duty the next day. The 40-employee plant is in a non-exempt industry. What must the employer do under OSHA?

1. Report it to OSHA by phone within 8 hours
   The 8-hour report is only for a work-related fatality.
2. Report it to OSHA by phone within 24 hours
   The 24-hour phone report covers in-patient hospitalization, amputation or loss of an eye, none of which happened.
3. Record it on the 300 log within 7 days
   Stitches are medical treatment beyond first aid, so the injury is recordable and must be logged on the 300 log within 7 calendar days.
4. Nothing; no workdays were lost
   A case can be recordable without lost workdays; medical treatment beyond first aid is enough.

A nonunion employer adds a handbook rule banning employees from discussing their pay with coworkers. Is the rule lawful under the NLRA?

1. Yes; the NLRA covers only union shops
   Section 7 protects most private-sector employees, union or not.
2. Yes, if the employer applies it consistently
   Applying the rule consistently does not make it lawful; the rule itself interferes with employees' Section 7 right to discuss pay.
3. No, but only as applied to union members
   Section 7 protects nonunion employees too, so the rule is unlawful for everyone it covers, not only union members.
4. No, it restricts protected concerted activity
   Discussing wages is protected concerted activity under Section 7, so a pay-secrecy rule is unlawful.

An employee with a back condition asks for a $600 ergonomic chair at a 300-employee company. The manager objects that the employee never mentioned the condition when hired. What should HR do?

1. Start the interactive process on the request
   A request for help tied to a medical condition starts the ADA interactive process, whenever the employee raises it.
2. Require the employee's full medical history
   The employer can ask for documentation of the limitation and need, not the employee's full medical history.
3. Deny it; it wasn't disclosed at hiring
   Employees need not disclose a condition at hiring and can ask for an accommodation at any time.
4. Deny it, as coworkers use standard chairs
   Coworkers' standard chairs are irrelevant; the question is whether this employee needs an accommodation and whether it is an undue hardship.

A company with 400 employees will close one of its plants, ending the jobs of all 80 workers there. How much advance notice does the WARN Act require?

1. None, as fewer than 100 workers lose jobs
   The 100-employee threshold applies to the employer's size; the plant-closing trigger is 50 or more jobs lost at the site.
2. 60 calendar days
   A covered employer (100+) closing a site that ends 50 or more jobs must give 60 calendar days' notice.
3. 30 calendar days
   30 days is less than WARN requires.
4. 90 calendar days
   90 days is longer than the federal requirement (some state laws differ).

An employee is out with a work-related injury that also qualifies as an FMLA serious health condition. Can the employer count the absence against the employee's FMLA entitlement?

1. Only if the employee consents in writing
   The employer designates FMLA leave; the employee's consent is not required.
2. Only after comp benefits have ended
   FMLA leave can run during comp benefits, not only after they end.
3. Yes, with proper notice to the employee
   An absence for a work injury that is also a serious health condition can run at the same time as FMLA leave if the employer gives proper notice.
4. No, comp leave and FMLA leave run separately
   The two can run at the same time: an absence covered by workers' comp counts as FMLA leave when the condition qualifies and the employer gives notice.

In contract talks, the union proposes a 6% raise and the employer offers 2%. Both sides treat every dollar one gains as a dollar the other loses. Which bargaining approach are they using?

1. Attitudinal structuring
   Attitudinal structuring shapes the relationship and trust between the parties, not the split of a fixed sum.
2. Integrative bargaining
   Integrative bargaining looks for solutions that expand value for both sides.
3. Pattern bargaining
   Pattern bargaining copies terms from other contracts in an industry; it does not describe this win-lose stance.
4. Distributive bargaining
   Treating a fixed pie where each side's gain is the other's loss is distributive bargaining.

A private-sector employee believes they were fired for union activity eight months ago. Can the employee still file an unfair labor practice charge with the NLRB, and why?

1. No, the 6-month deadline has passed
   Section 10(b) of the NLRA sets a 6-month deadline for filing ULP charges, which has passed at eight months.
2. No, the 90-day deadline has passed
   90 days is the window to sue after an EEOC right-to-sue notice; the NLRA's Section 10(b) limit for ULP charges is six months.
3. Yes, the 300-day EEOC deadline applies
   The 300-day period is for EEOC discrimination charges, not NLRB charges.
4. Yes, the deadline is one year
   The NLRB deadline is six months, not one year.

An employee is injured on the job because of a coworker's carelessness and wants to sue the employer for negligence. In most cases, what is the result?

1. The employee must choose a suit or benefits
   There is generally no choice of remedies; comp replaces the negligence suit.
2. Workers' compensation is the exclusive remedy
   Workers' compensation is generally the exclusive remedy for workplace injuries, which bars negligence suits against the employer.
3. A suit is allowed if there are 15+ employees
   Employee count is not the test here; 15 is the Title VII and ADA threshold.
4. The employee may sue and also collect benefits
   The exclusive-remedy rule generally bars suing the employer on top of collecting benefits.

In an NLRB representation election, what vote does the union need to be certified?

1. A majority of all employees in the unit
   Employees who do not vote are not counted, so the test is not a majority of the whole unit.
2. Support from 30% of unit employees
   Thirty percent is the showing of interest needed to file the petition, not to win the election.
3. A majority of the valid votes cast
   Certification needs a majority of the valid votes cast, not a majority of everyone in the unit.
4. Two-thirds of the valid votes cast
   The NLRA sets no two-thirds requirement; a simple majority of votes cast wins.

An employer with 40 employees recorded several injuries on its OSHA 300 log last year. When must it post the Form 300A summary, and who must certify it?

1. Jan 1–Mar 31, by the safety manager
   January through March is the wrong posting window, and a safety manager who is not an executive cannot certify.
2. All year, signed by the HR manager
   The summary is not posted all year, and certification is by a company executive, not the HR manager.
3. Feb 1–Apr 30, by any supervisor
   The window is right, but any supervisor cannot certify; a company executive must.
4. Feb 1–Apr 30, by an executive
   Form 300A is posted from February 1 to April 30, and a company executive must certify it.

A union wants to modify a labor contract when it expires in two months. Under the LMRA, which notices are required?

1. 60 days to the employer, 30 to the FMCS
   Under Section 8(d), the party seeking change gives the other side 60 days' notice and notifies the FMCS within 30 days after that if there is no agreement.
2. 90 days' notice to the NLRB only
   The NLRB does not receive contract-modification notices; the FMCS does.
3. 30 days to the employer, 60 to the FMCS
   The timing is reversed: 60 days goes to the other party and 30 days to the FMCS.
4. No notice; bargaining can begin anytime
   Notice is required before a party can modify or terminate the contract.

A supervisor sees an employee driving a forklift with slurred speech and an unsteady walk. Policy allows reasonable-suspicion testing. What should HR advise FIRST?

1. Randomly test the whole team instead
   Random testing of the whole team is a different program and ignores the immediate risk from this employee.
2. Remove the employee from duty and document what was seen
   Visible impairment on a forklift is an immediate safety risk, so remove the employee from duty and document the specific observations that justify testing.
3. Ask the employee which medical conditions they have
   Asking about medical conditions is a disability-related inquiry, and safety is the first concern.
4. Let the employee finish the shift, then schedule a review
   Letting the employee keep driving a forklift risks serious injury.

A 58-year-old employee in a state with its own age discrimination agency believes she was denied a promotion because of her age. How long does she have to file an EEOC charge?

1. 2 years
   Two years is the FLSA and Equal Pay Act lawsuit limit, not the EEOC charge deadline.
2. 180 days
   180 days applies only when no state or local agency enforces an age-discrimination law.
3. 300 days
   In a state with its own age-discrimination law and agency, the ADEA charge deadline is extended from 180 to 300 days.
4. 90 days
   90 days is the time to sue after an EEOC right-to-sue notice, not the time to file a charge.

A union contract requires vacancies to go to the most senior qualified bidder. A manager wants to choose a less senior but stronger candidate. What should HR advise?

1. Choose the stronger candidate on merit
   Merit does not override a negotiated seniority rule; ignoring it invites a grievance.
2. Post the job externally, outside the contract
   Posting outside to sidestep the contract is a contract violation and a likely ULP.
3. Ask the union for a waiver after selecting
   Asking for a waiver after choosing is too late; the contract has already been breached.
4. Follow the contract's seniority rule
   The CBA's seniority clause binds management, so the senior qualified bidder gets the job unless the contract allows otherwise.

A manufacturer with 400 employees will close a 90-employee plant in three weeks. Which circumstance would MOST likely allow the employer to give less than 60 days' WARN notice?

1. A major customer abruptly canceled its contract
   A sudden, unexpected loss of a major customer fits WARN's unforeseeable business circumstances exception to the 60-day rule.
2. The affected employees are covered by a union contract
   A union contract does not shorten WARN notice; the union must also be notified.
3. The closure is part of a planned unit consolidation
   A planned consolidation is foreseeable, so full notice is required.
4. Production is moving to a lower-cost state
   A planned move to a lower-cost state is a foreseeable business decision with no exception.

Under a typical progressive discipline policy, when is it appropriate to skip directly to termination?

1. Only during an employee's probation
   Skipping steps is not limited to probation; serious misconduct can justify it at any time.
2. For serious misconduct such as violence
   Serious misconduct such as violence, theft or a major safety breach usually justifies skipping steps and moving straight to termination.
3. For a repeat of the same minor offense
   A repeated minor offense normally moves to the next step, not straight to termination.
4. When the employee disputes a written warning
   Disputing a warning is not misconduct; firing for it skips the process and can look like retaliation.