Industrial Relations
Exam Materials
Course Introduction
Industrial Relations is a comprehensive course that explores the dynamic relationships between employers, employees, and the institutions that regulate their interactions in the workplace. The course examines the historical development, theories, and key concepts of industrial relations, as well as the roles of trade unions, employer associations, and government agencies. Students will analyze collective bargaining processes, dispute resolution mechanisms, labor laws, and the impact of globalization and technological change on industrial relations. By integrating case studies and real-world examples, the course prepares students to understand and address contemporary challenges in managing workplace conflict and promoting equitable labor practices.
Recommended Textbook
Employment Law for Human Resource Practice 5th Edition by David J. Walsh
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Page 2
Chapter 1: Overview of Employment Law
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Sample Questions
Q1) Under the "payroll method" approved by the U.S.Supreme Court:
A)employers whose payrolls exceed $500,000 annually are covered by Title VII
B)employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination
C)employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year
D)employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.
E)none of the above
Answer: D
Q2) A mandatory arbitration agreement which provides that all claims be brought within 90 days of the date of the alleged violation would likely be:
A)enforceable
B)unenforceable
C)subject to amendment by the court
Answer: B
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Chapter 2: The Employment Relationship
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Sample Questions
Q1) In Narayan v EGL,Inc.,the plaintiffs were drivers hired in California by a Texas firm,which had them sign independent contractor agreements under Texas law.They sued,contending they were employees,entitled to overtime pay and other benefits,and summary judgment was entered against them because of the independent contractor agreement.They appealed,and on appeal,the court ruled:
A)that they were independent contractors, because they signed the independent contractor agreement
B)that they were employees, because Texas law did not apply in California
C)that summary judgment was vacated, and the case remanded for trial, since a jury could reasonably determine from the evidence that they were employees
D)none of these
Answer: C
Q2) Persons performing volunteer work are more likely to be deemed employees if:
A)their services are provided to non-profit agencies
B)they receive significant remuneration for their services
C)they retain control over their volunteer work schedule
D)all of the above
E)none of the above
Answer: B
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Page 4
Chapter 3: Overview of Employment Discrimination
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Sample Questions
Q1) Employers should have policies and be consistent in how they apply and enforce them.
Answer: Discrimination,disparate treatment - Discrimination is a relative concept.By treating like situations alike,regardless of the protected class characteristics of the persons involved,employers go a long way toward eliminating disparate treatment.
Q2) A firm had been sued and found guilty of religious discrimination against people who practiced Judaism,and managers were instructed to be very careful to avoid another similar suit.To that end,Jewish employees,but not others,were given raises.Of the following,what is the most correct assessment of this policy?
A)the policy is sound, both legally and ethically
B)the policy is sound legally, but not ethically
C)the policy is neither legally nor ethically sound
D)none of these
Answer: C
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5
Chapter 4: Recruitment, Applications, and Interviews
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Sample Questions
Q1) In NAACP v.North Hudson Regional Fire & Rescue,the NAACP sued the North Hudson fire department for disparate impact discrimination because the fire department required that potential firefighters live in North Hudson.In North Hudson,only 3% of the population was African-American,while in the Tri-county area,37.4% of protective services workers were African-American.North Hudson claimed that residency was a business necessity.The court ruled:
A)for the NAACP, because there were less discriminatory means of achieving the fire department's goals
B)for the NAACP, because the fire department intentionally discriminated based on race
C)for the North Hudson Fire Department, because it was reasonable to require firefighters to live in the city so that they were familiar with streets and buildings
D)for the North Hudson Fire Department, because the NAACP had not proved a prima facie case of discrimination
Q2) Why is each of the following good legal advice?
a.Use multiple recruiting mechanisms, rather than rely solely on one way of getting the word out about employment opportunities.
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Chapter 5: Background Checks, References, and Verifying
Employment Eligibility
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Sample Questions
Q1) After three weeks in your new position as Assistant Human Resources Director,the HR Director has asked you to take a candidate all the way through the process,from application to interview,to background check.The firm has an opening for an electrical engineer who is proficient with construction blueprints.The engineer will be helping to build the company's new warehouse,which is about to begin construction.Which of the following steps would be necessary to take during the background check?
A)do a thorough criminal background check through all 50 states
B)check to see that the applicant has a degree in electrical engineering
C)check references at the applicant's former places of employment
D)all of these
E)b and c only
Q2) You have been hired as the assistant director of a company's Human Resource Department.The director calls you in and tells you that she is considering a suggestion to the Board of Directors that the company adopt a policy of refusing to give substantive information on employee references.She asks you if adopting such a policy makes sense.What advice will you give to her?
Q3) Employers should document all efforts to obtain information on job candidates,even when those efforts are not successful.
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Chapter 6: Employment Tests
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Sample Questions
Q1) Drug testing laws,both state and federal,require that:
A)employers use due care in conducting tests and handling samples
B)employers refrain from drug testing unless required by law
C)employers routinely drug test all employees
D)none of these
Q2) Drug testing may include samples of all of the following EXCEPT:
A)blood
B)saliva
C)hair
D)fingernails
Q3) A criterion validation study must:
A)be based on a thorough job analysis
B)include a representative sample
C)demonstrate a statistical association between test performance and job performance
D)all of the above
E)none of the above
Q4) Content validity tests should be used to the extent feasible,but not to assess intangible characteristics and not for tasks that could readily be learned on the job.
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Chapter 7: Hiring and Promotion Decisions
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Sample Questions
Q1) "Glass ceilings":
A)are primarily a problem for women rather than people of color
B)have been the focus of enforcement actions by the OFCCP
C)are primarily a problem in the financial sector
D)all of the above
E)none of the above
Q2) What rules and procedures should employers establish with regard to interviews of job applicants?
Q3) In Lewis v.Heartland Inns of America,a front desk worker was fired following complaints by one manager that her dress style was "more masculine," and that she had "an Ellen DeGeneres kind of look."
A)for Heartland Inn, because plaintiff did not prove that she was treated differently than similarly situated males
B)for Heartland Inn because Lewis did not comply with the Heartland dress code
C)for Lewis because of the manager's personal bias toward her
D)for Lewis because the kind of sex stereotyping she encountered constituted sex discrimination
Q4) Employers should,with the help of legal counsel,put employment offers in writing.
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Page 9
Chapter 8: Affirmative Action
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Sample Questions
Q1) Affirmative action may be used on behalf of all of the following groups EXCEPT:
A)African-Americans
B)women
C)Pacific Islanders
D)disabled persons
E)none; affirmative action may be used for all of these groups
Q2) "Reverse" discrimination means:
A)establishing quotas for the hiring of women and persons of color
B)disparate treatment
C)disparate impact
D)none of these
Q3) Which of the following is NOT considered to be a reasonable part of a valid affirmative Action plan?
A)all employment test scores are validated
B)a stated plan to hire a particular number of black, white, male, female etc. employees in order to remedy an existing imbalance or injustice
C)wide communication of job availability
D)active enforcement of anti-discrimination policies
E)active enforcement of anti-harassment policies
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Chapter 9: Harassment
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Sample Questions
Q1) Complaint procedures should provide employees with multiple,accessible parties to whom reports of harassment can be made.
Q2) XXIn the case in which a woman ended an affair with her male supervisor,and began to receive poor performance appraisals from him,the court ruled on her Title VII harassment claim:
A)for the woman, based on sexual harassment
B)for the woman, because of the affair
C)for the employer and supervisor because the poor performance appraisals were not the result of harassment, but of the relationship having gone sour
D)for the employer and supervisor because the poor performance appraisals were the result of the woman's poor work performance
Q3) Care should be exercised in using transfers or reassignments to deal with harassment.
Q4) Employers must respond to complaints of harassment promptly and in a manner reasonably calculated to end the harassment.
Q5) Terminations or other discipline imposed against harassers must be conducted in the same careful manner as any other terminations or disciplinary actions.
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Page 11
Chapter 10: Reasonably Accommodating Disability and Religion
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Sample Questions
Q1) The Americans with Disabilities Act (ADA):
A)applies to private sector employers with 15 or more employees
B)amends and supercedes the Rehabilitation Act
C)protects all disabled persons against discrimination in employment by covered employers
D)all of the above
E)none of the above
Q2) In responding to requests for reasonable accommodation,employers should NOT:
A)engage in an interactive process with disabled employees
B)limit medical inquiries to information needed to assess functional limitations
C)discuss the disabled employee's need for accommodation with other employees
D)all of the above
E)none of the above
Q3) It is critical that employers engage in an interactive process with their disabled employees.
Q4) Accommodations cannot be dismissed as too costly without considering the availability of external funding and offering disabled employees the opportunity to pay for the portion of the cost that would create undue hardship.
12
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Chapter 11: Work-life Conflicts and Other Diversity Issues
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Q1) Employers must not attempt to discourage eligible employees from taking FMLA leave or attempt to delay the taking of leave.
Q2) Under the FMLA:
A)pregnancy is a "serious health condition" triggering the right to FMLA leave
B)pregnancy is not a "serious health condition" triggering the right to FMLA leave unless there are complications
C)only a pregnant employee may receive leave under the FMLA
D)none of these
Q3) Under the FMLA,employers have the right to:
A)require that employees provide documentation of any serious health condition prior to being granted leave
B)cancel the leave of "key employees"
C)delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable
D)all of the above
E)none of the above
Q4) Employees should be notified promptly and in writing whether their leave qualifies as FMLA leave.
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Chapter 12: Wages, Hours, and Pay Equity
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Q1) "Tipped employees" can be paid less than the minimum wage provided:
A)they agree to a reduced minimum wage salary, however, if they don't agree they must be paid the full minimum wage and any tips are forfeited to the employer or the other employees
B)they retain on an individual basis all tips that are earned; pooling of tips is not permitted
C)their total pay in wages and tips equals at least the minimum wage
D)the employee customarily and regularly receives at least $30 per week in tips
Q2) Under the duties test,in order to be classified as exempt,an employee:
A)must perform the duties of an executive, administrator, or professional
B)must work in an office setting
C)must have a job title that includes the word executive, administrator, or professional in the title
D)all of the above
Q3) The Migrant & Seasonal Protection Worker Act (MSPA)provides all of these requirements EXCEPT:
A)a minimum wage and overtime
B)disclosure of working terms and conditions at the time of hire
C)safe and sanitary housing and transportation
D)maintenance of wage and hour records
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Chapter 13: Benefits
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Q1) Health insurance plans must cover medical expenses related to childbirth and not impose deductibles or co-payments for such treatment that exceed those required for other medical treatments.
Q2) Which of the following is a fiduciary duty under ERISA?
A)ensuring that plans operate in accordance with plan documents and ERISA
B)diversifying pension fund assets to minimize the risk of large losses
C)managing benefit plans and funds solely in the interest of plan beneficiaries
D)all of the above
E)none of the above
Q3) Benefit plan administrators must base their decisions about eligibility for benefits on plan documents,have reasons for their decisions,and use all of the current,relevant information available to them.
Q4) A pension plan must have mandatory vesting.
Q5) Group health plans must not limit eligibility based on health status,medical condition,claims experience,medical history,genetic information,or the disability of an employee or dependent.
Q6) Employers should be careful in advising employees about their benefits and refer them back to SPD's and other plan documents.
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Chapter 14: Unions & Collective Bargaining
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Q1) Protection of concerted activity may be lost if which of the following occurs?
A)insubordination which is grounds for discharge
B)the number of employees is reduced so that the NLRA no longer applies
C)a serious disagreement between labor and management
D)none of these
E)all of these
Q2) Which of the following would NOT be considered a concerted activity?
A)members of a union that meet to discuss problems with working conditions at their workplace
B)employees who are not members of a union that meet to discuss problems with working conditions at their workplace
C)a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested
D)a single employee that writes to a supervisor complaining about the frequently malfunctioning air conditioning and extreme indoor heat at an assembly plant
E)c and d
Q3) Employers should not establish informal practices of conferring benefits and privileges not specified in labor agreements.
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Chapter 15: Occupational Safety and Health
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Q1) Which of the following is NOT true regarding the enforcement process under OSHA (the Act)?
A)inspectors do not issue citations to employers when they find violations
B)copies of citations received must be posted in the workplace near the sites of the violations
C)employers are not required to correct violations until after their appeals have been decided
D)OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials
Q2) The elements of a specific violation of OSHA regulations include all of the following EXCEPT:
A)an applicable standard exists
B)the standard was not complied with
C)one or more employees were injured by the hazard
D)the employer knew or should have known of the hazard
Q3) Employers must provide employees with employment and places of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees
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Page 17
Chapter 16: Performance Appraisals, Training and Development
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Sample Questions
Q1) A disabled employee was refused the opportunity to train on a new machine because her supervisor believed that her disability would make it impossible to operate the machine with acceptable speed.The court should decide:
A)Under the ADA, failure to train is a materially adverse employment action that can be challenged as discriminatory
B)The employer engaged in disparate treatment, provided the employee can prove that she is able to operate the machine
C)The employer is not obligated to reasonably accommodate the employee in the training process because operating the machine is not required for her current job
D)all of the above
E)none of the above
Q2) Employers that have contracts with the federal government must create and maintain drug awareness programs for their employees
Q3) Employers should be cautious in deciding whether to used forced distribution methods of performance appraisal
Q4) Time spent in training,even outside normal work hours,will usually have to be compensated
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Chapter 17: Privacy on the Job: Information, Monitoring and Investigations
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Q1) The Electronic Communications Privacy Act:
A)prohibits the intentional interception of electronic communications
B)prohibits the monitoring of computer use by employers
C)prohibits the accessing of stored e-mail messages by employers
D)all of the above
E)none of the above
Q2) Which of the following torts has as a required element of proof,the matter is not of legitimate concern to the public.
A)intrusion upon seclusion
B)public disclosure of private facts
C)placement in a false light
D)intentional infliction of emotional distress
Q3) Regarding employer searches of employees at the workplace,which of the following is true?
A)generally, employers may conduct searches of employee workplaces, although obtaining consent is best
B)all such searches should be conducted in a reasonable manner
C)evidence obtained through searches must be handled carefully
D)all of these are true
Q4) Employers should adopt workplace privacy policies
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Chapter 18: Terminating Individual Employees
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Q1) Over lunch,a manager at Microsoft says to another manager,"You know,just between you and me,it might not have been the worst thing in the world if the court had ordered the company to break-up.We really are too big." The comment was overheard by another employee at the next table and passed on to higher-level managers.If the manager is fired for making the statement and she sues Microsoft,a court would most likely rule:
A)For the employee because she would be covered under whistleblower protection laws
B)For the employee because the company would be violating her First Amendment right of free speech
C)For the employee because her speech constituted protected concerted activity under the National Labor Relations Act
D)For the employer because her statements showed disloyalty to the company, for which she could lawfully be terminated
E)For the employer because she is employed at will and none of the exceptions to employment at will apply in this case
Q2) Terminated employees should be provided with a clear and succinct statement of the reasons for their termination
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Page 20
Chapter 19: Downsizing, Unemployment Insurance, and
Other Post-termination Issues
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Q1) Under the WARN Act:
A)large employers are prohibited from closing plants or laying employees off for the purpose of defeating unionization
B)large employers must give their employees three months (90 days) advance notice of plant closings and mass layoffs
C)large employers must provide outplacement services to employees affected by plant closings and mass layoffs
D)all of the above
E)none of the above
Q2) Which of the following is true of a trade secret?
A)it derives economic value from not being known to others
B)the owner must take steps to preserve its secrecy
C)it must be registered with the government
D)a and b
E)all of the above
Q3) Before outsourcing or relocating work to another plant,unionized employers must negotiate with their employees' unions
Q4) Employers should have clear,objective criteria for deciding which employees to downsize