Personnel Management
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Course Introduction
Personnel Management focuses on the principles and practices involved in managing an organizations workforce. This course explores key topics such as recruitment and selection, employee training and development, performance appraisal, motivation, compensation, labor relations, and legal aspects of employment. Emphasis is placed on understanding how to effectively attract, retain, and develop employees to optimize individual and organizational performance, while also fostering a productive and compliant workplace environment. Students will engage with real-world scenarios and case studies to apply personnel management concepts in practical settings.
Recommended Textbook
Employment and Labor Law 7th Edition by Patrick
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J. Cihon
Page 2
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Q1) The Act which is aimed at letting employees know when a plant closing or mass layoff is in the offing is the:
A) Employee Retirement Income Security Act (ERISA).
B) Family and Medical Leave Act (FMLA).
C) Worker Adjustment and Retraining (WARN) Acts.
D) Federal Occupational Safety and Health Act (OSHA).
Answer: C
Q2) Under Title VII, an employee alleging illegal discrimination has the right to file a complaint with the:
A) Equal Employment Opportunity Commission (EEOC).
B) American Federation of Labor/Congress of Industrial Organizations (AFL-CIO).
C) National Labor Relations Board.
D) Election of remedies.
Answer: A
Q3) A litigant's choice of solutions for a perceived wrong can be employed as a(n):
A) choice of cause.
B) writ of certiorari.
C) election of remedies.
D) arbitration.
Answer: C
Page 3
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Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) What is employment-at-will?
Answer: A kind of employment wherein both the employee and the employer are free to unilaterally terminate the relationship at any time and for any legally permissible reason, or for no reason at all.
Q2) Brett (defendant) entered into employment contract with Krista (plaintiff). Brett had hired Krista as a staff assistant at a pay rate of $20 per hour. Krista's duties consisted of driving trucks and making deliveries. Although Krista worked for 120 hours in total, she was paid only for part of her services which did not abide by the terms and conditions agreed in the employment contract. Krista has most likely instituted a suit against Brett for:
A) breach of trust.
B) breach of contract.
C) gender discrimination.
D) wrongful discharge.
Answer: B
Q3) What does Title VII of the NRLA deal with?
Answer: Title VII forbids discharge on the basis of race, color, gender, creed, or national origin.
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Chapter 3: Commonly Committed Workplace Torts
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Q1) Explain the differences between libel or slander that is per se or not per se.
Answer: The two torts may be further divided into the libel or slander that is per se and the libel or slander that is not per se. It is important in some cases because libel/slander per se requires no showing of specific damages for the plaintiff to recover a judgment, whereas libel/slander that is not per se demands such a showing from the injured party.
Q2) In the WILLIAMS V. AMERICAN EAGLE AIRLINES, INC. case, the plaintiff's tortious interference with contract claim against American Eagle was based on:
A) an invalid contract.
B) a collective bargaining agreement.
C) negligent interference.
D) discrimination.
Answer: B
Q3) What is a tort and how it is applicable in employer-employee relationships?
Answer: The word tort means a civil wrong not based upon a preexisting contractual relationship. By and large, tort law is the law of personal injury. Its application to employer-employee relationship is affected by workers' compensation insurance, which immunizes the employer from some tort liabilities.
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Page 5
Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) Requests for medical information and conducting internal investigations are examples of:
A) placing the plaintiff in a false light in the public eye.
B) violating the Fifth Amendment.
C) intellectual property theft.
D) intrusion upon employees' privacy.
Q2) Public employers, unquestionably, are state actors for the purposes of the __________ and ___________ Amendments' restrictions.
A) Fifth, Fourth
B) Fourth, Fourteenth
C) Fourteenth, Fifth
D) Fifth, Ninth
Q3) What does surveillance and eavesdropping mean?
Q4) The testing of human blood and/or urine for the presence of controlled/illegal substances is known as:
A) drug testing.
B) genetic testing.
C) reasonable suspicion.
D) mandatory testing.
Q5) Describe privacy concerns in the context of third-party information request.
Page 6
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Chapter 5: The Global Perspective: International
Employment Law and American Immigration Policy
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Q1) The Alien Tort Claims Act:
A) was active for the last two centuries and was commonly used in supporting jurisdiction in several cases.
B) was enacted in 1889 as part of the original Judiciary Act.
C) is an international statute which provides a cause of action for aggrieved aliens in global courts.
D) is unlikely to have a high impact upon the way U.S. corporations deal with their overseas employees.
Q2) Whose responsibility is to ensure public safety against foreign and domestic threats?
A) U.S. Social Security Administration
B) Federal Bureau of Investigation
C) U.S. Department of Labor
D) U.S. Department of Justice
Q3) What are conventions?
Q4) What are the necessary documents an employer must show to prove that the employee is a U.S. Citizen or is lawfully authorized to work in the United States?
Q5) What does the Alien Tort Claims Act provide?
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Q6) What is the purpose of the Immigration Reform and Control Act (IRCA) of 1986?
Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Q1) A method of demonstrating that an employment selection device reflects the content of the job for which employees are being selected is:
A) constructive validity.
B) content validity.
C) disparate impact.
D) criterion-related validity.
Q2) In International Brotherhood of Teamsters v. United States, the seniority system was established between:
A) employee and the union.
B) employer and the union.
C) employee and the employer.
D) both employer-employee and employee-union.
Q3) In several cases decided shortly after the adoption of Title VII, courts held that departmental seniority systems that operated to deter minority employees from transferring out of low-paying or inferior jobs:
A) were in violation of Title VII.
B) were not in violation of Title VII..
C) were based on the 1991 amendment to Title VII.
D) did not perpetuate the effects of prior discrimination.
Page 8
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Q1) In Diaz v. Pan American World Airways, Diaz applied for a job as flight cabin attendant with Pan American Airlines (Pan Am) but was rejected because Pan Am had a policy of only hiring females for that position. Diaz filed a suit alleging that Pan Am had violated:
A) Section 703 of Title VII.
B) Section 704(k) of Title VII.
C) Occupational Safety and Health Act.
D) National Labor Relation Board's regulations.
Q2) What is the provision relating to pregnant women working in hazardous condition?
Q3) What is Bona Fide Occupational Qualification?
Q4) In Laffey v. Northwest Airlines, Laffey filed a class action suit against NWA, claiming that the refusal to hire females as pursers violated Title VII and that the differential pay scale and allowances for male pursers and female attendants violated Title VII and the: A) Equal Pay Act.
B) Sarbanes-Oxley Act.
C) National Labor Relation Act.
D) Gender Discrimination Act.
Q5) What are the conditions to receive family temporary disability insurance benefits?
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Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Q1) Why should employers avoid arbitrary employment criteria, such as height or weight for applicants?
Q2) Which of the following employees are subject to Title VII through the Congressional Accountability Act of 1995?
A) National Labor Relations Board counselor
B) Capitol Guide Service
C) Office of the Architect of the Supreme Court
D) Office of the Attending Physician of the U.S. Attorney General.
Q3) Identify the case in which the Court of Appeals held that the employer had committed an unlawful employment practice under Section 703(a) (1) of the Act.
A) Trans World Airlines v. Harry
B) Atkinson Airlines v. Hudson
C) Starbucks Airlines v. Hardsen
D) Trans World Airlines v. Hardison
Q4) What does Title VII of the Civil Rights Act of 1964 deal with?
Q5) Discuss the Equal Employment opportunity commission (EEOC) guidelines that are considered in determining what amounts to reasonable accommodation and whether it results in undue hardship.
Q6) What is the Lilly Ledbetter Fair Pay Act of 2009?
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Chapter 9: Discrimination Based on Age
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Q1) What is meant by "age discrimination in employment" and under which act is it prohibited?
Q2) What are the procedures to file complaint for alleged violation under Age Discrimination in Employment Act?
Q3) When the plaintiff has established a prima facie case of age discrimination, the Age Discrimination in Employment Act (ADEA) provides some specific exemptions, such as:
A) action pursuant to monetary benefits.
B) employers' right to use their discretion in firing or hiring employees.
C) immunity from suits by private individual.
D) actions pursuant to a bona fide seniority system.
Q4) Carl is working as a ground staff for Ramset airlines since five years and his employer refused to complete his annual appraisal since he was over fifty years of age. He filed suit alleging violation under Age Discrimination in Employment Act. The court decided in favor of Carl and also ordered for remedies such as:
A) back pay.
B) liquidated damages and legal fees.
C) increment of salary.
D) reinstatement.
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Page 11
Chapter 10: Discrimination Based on Disability
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Q1) Explain the food handler defense under the ADA.
Q2) Explain the term "qualified individual with a disability."
Q3) Bruce was an excellent kitchen manager who had recently tested positive for AIDS. He applied for a job in a restaurant, but was rejected because the restaurant feared that his illness may transmit to others when he handled the food. This is a violation of Americans with Disabilities Act. Under this circumstance, Bruce has legal remedies in the form of:
A) liquidated damages.
B) injunction.
C) front pay.
D) specific performance.
Q4) A gymnasium was operated by the Church of Jesus Christ of Latter-day Saints. Aslam was physically challenged, but was able to undertake the job requirements. However, when he applied for the job, he was refused for the position. He filed a suit against the Church alleging violation of ADA by denying him the job. In this case, the church:
A) violated Occupational Safety and Health Act.
B) violated Title VII of Civil Right Act.
C) did not violate Title I of ADA.
D) violated U. S. Constitution.
Page 12
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Chapter 11: Other Eeo and Employment Legislation: Federal and State Laws
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Q1) A constitutional analysis used by courts hearing equal protection claims involving governmental discrimination based on a "suspect class" is known as a(n):
A) contract compliance program.
B) strict scrutiny test.
C) affirmative action plan.
D) social welfare program.
Q2) Who administers the contract compliance program?
Q3) Which one of the following Sections states that "For the purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship?
A) Section 1971 of the Sarbanes-Oxley Act of 2002
B) Section 1981 of the Rehabilitation Act
C) Section 1981 (a) the National Labor Relations Act
D) Section 1981 (b) of the Civil Rights Act of 1991
Q4) What was the basic intention behind creation of the Civil Rights Acts of 1866 and 1870?
Q5) What are remedial affirmative action plans?
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Q6) Briefly explain the Uniformed Services Employment and Reemployment Rights Act.
Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) In the Danbury Hatters' case, the Supreme Court held that the union boycott was a combination in restraint of trade within the meaning of the:
A) Clayton Act.
B) National Labor Relations Act.
C) Sarbanes Oxley Act.
D) Sherman Act.
Q2) Section 20 of the Clayton Act restricted the:
A) issuance of labor injunctions.
B) issuance of ex parte orders.
C) yellow-dog contracts.
D) filing of interlocutory applications.
Q3) The number of regional offices of the NLRB is:
A) thirty-four.
B) thirty-two.
C) eighty eight.
D) eighty four.
Q4) Define managerial employees.
Q5) What is a labor injunction?
Q7) Briefly describe the National Labor Board. Page 14
Q6) What are the types of legal issues the NLRB handles?
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Page 15
Chapter 13: The Unionization Process
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Q1) In Conair Corp. v. NLRB, the U.S. Court of Appeals for the D.C. Circuit held that it was inappropriate for the Board to issue a bargaining order where the union never established evidence of:
A) an employment agreement.
B) an arbitration agreement.
C) majority support.
D) minority approval.
Q2) The National Labor Relations Board (NLRB) recently adopted a new rule regarding situations where the employer has voluntarily recognized a union, that is, where no recognition election has been held. In Dana Corp., the Board held that employees and rival unions have _____ to challenge the voluntary recognition of a union.
A) seven days
B) two weeks
C) forty-five days
D) three months
Q3) What happens if the union loses the election due to employer's illegal actions?
Q4) What is the significance of Section 9 (e) (1) of the NLRA pertaining to election?
Q5) Define voluntary recognition.
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) In NLRB v. Brown, Supreme Court held that the employers' attempt to remain open for business using temporary replacements was a measure reasonably related to the legitimate business purpose of preserving the integrity of the multiemployer bargaining unit and has not violated both:
A) Section 8(a)(1) or 8(a)(3).
B) Section 9(a) or Section 10(e).
C) Section 7 or Section 8(b)(3).
D) Section 8(c) Section 8(a)(5).
Q2) If an employer is forced by a union to hire only applicants who are satisfactory to the union, this is a violation under:
A) Section 8(a)(3).
B) Section 8(b) (2).
C) Section 9(a).
D) Section 10.
Q3) Apart from whipsaw strikes, what are the other reasons for engaging in multiemployer bargaining with union?
Q4) What is the exception regarding the encouragement of unions?
Q5) What are antiunion remarks?
Q6) Which act defines unfair labor practices?
Page 17
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Chapter 15: Collective Bargaining
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Q1) The lack of good faith of an employer includes:
A) hard bargaining.
B) refusing to sign a written agreement.
C) attempting to deal with individual employees rather than the union.
D) refusing to provide the union with information regarding bargaining proposals.
Q2) The National Labor Relations Act (NLRA) provides for longer notice periods when the collective bargaining involves the employees of a(n):
A) educational institution.
B) software company.
C) health-care institution.
D) law firm.
Q3) Proposals under the collective agreement, which involve violations of the NLRA or other laws is known as:
A) prohibited bargaining subjects.
B) bargaining remedies.
C) modification of collective agreement.
D) mandatory bargaining subjects.
Q4) What are prohibited bargaining subjects?
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Chapter 16: Picketing and Strikes
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Q1) If the labor unions of a soft drinks company are picketing in front of the wholesaler, instead of picketing on the company's premises, then under the NLRA,:
A) such secondary picketing shall be prohibited.
B) such picketing shall be considered permitted.
C) it will be considered as break of a picketing line.
D) it shall be considered a consumer picketing.
Q2) A union that unilaterally delays the start of a strike beyond the time specified in the written notice violates _____ of the NLRA.
A) Section 9(a)
B) Section 8(a)(1)
C) Section 8(g)
D) Section 8(a)(5)
Q3) What is the right of an employer under Section 8(b)(7)(C) related to picketing?
Q4) Can primary or secondary employer sue even if unfair labor practice charge has been filed with the National Labor Relations Board?
Q5) Discuss the NLRA provisions regarding picketing or refusal to work against any health-care institution.
Q6) Briefly discuss picketing under the National Labor Relations Act.
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) Section 1114 of the Bankruptcy Code requires that the bankrupt employer make a proposal for modification to the representative of the:
A) replaced employees.
B) NLRB.
C) retirees.
D) new employees.
Q2) In Eastern Associated Coal Corporation v. United Mine Workers of America, District 17, James Smith worked for Eastern as a member of a road crew, a job that required him to drive heavy trucks on public highways. In March 1996, Smith tested positive for marijuana. Eastern sought to discharge Smith. In July 1997, he again tested positive for marijuana. Eastern again sought to discharge Smith. The District Court, while recognizing a strong regulation-based public policy against drug use by workers who perform safety-sensitive functions, held that Smith's:
A) conditional reinstatement violated the public policy.
B) conditional reinstatement did not violate public policy.
C) use of marijuana amounted to substantial continuity of identity in the business enterprise.
D) use of marijuana amounted to "just cause" for discharge.
Q3) Compare and contrast rights arbitration and interest arbitration.
Page 20
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Chapter 18: The Rights of Union Members
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Q1) In Ysursa v. Pocatello Education Ass'n, the Supreme Court upheld the constitutionality of an Idaho state law that prohibited public sector employees from authorizing voluntary payroll deductions for:
A) illegal strike.
B) unfair labor practice.
C) disciplinary action against union.
D) union political activities.
Q2) In a wage dispute at Schindler Steels, the union participated in the negotiation without exhibiting favoritism to the employees. The union leadership was appreciative of the management constraints and was willing to renegotiate their demands accordingly. This action of the union is representative of its:
A) adherence to the labor contract.
B) duty of fair representative.
C) adherence to the bargaining agreement.
D) duty of fair labor practice.
Q3) What remedies are provided under Section 8(b)(1)(A) of National Labor Relation Act?
Q4) Which legislation controls the operation and administration of employee welfare and pension plans?
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Page 21
Chapter 19: Public Sector Labor Relations
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Q1) The Federal Service Labor-Management Relations Act provides that union dues may be deducted from an employee's pay only if authorized by the:
A) company.
B) employee.
C) NLRA.
D) arbitrator.
Q2) What is the duty of the Merit System Protection Board (MSPB)?
Q3) Discuss appropriate representation units under the Federal Labor Relations Authority (FLRA).
Q4) The Lloyd-La Follette Act of 1912 gave _____ the right to join unions.
A) postal workers
B) paramedicals
C) paralegals
D) rail road workers.
Q5) What is the importance of the Federal Mediation and Conciliation Service?
Q6) Briefly explain the role of the Federal Service Labor-Management Relations Act.
Q7) What does the collective bargaining for the public sector employees involve?
Q8) What role does the Public Employee Relations Board (PERB) play regarding employee relations?
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Chapter 20: Occupational Safety and Health
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Q1) What are the two main goals of the Occupational Safety and Health Act?
Q2) Which of the following is not true regarding OSHA's authority regarding feasibility of standards?
A) OSHA grants the Secretary authority to issue standards dealing with toxic materials or harmful physical agents.
B) OSHA cannot force an industry to develop and diffuse new technology to satisfy precise permissible exposure limits.
C) The standard also must satisfy the requirement of economic feasibility.
D) OSHA can present substantial evidence showing that companies acting vigorously and in good faith can develop the technology.
Q3) In line with Lessig's observation, the EEOC released certain guidelines concerning the creation of emergency plans that comply with the:
A) Tucker Act.
B) Occupational Hazard Act.
C) American with Disabilities Act.
D) Civil Right Act.
Q4) What are employers required to provide under the Occupational Safety and Health Act?
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Chapter 21: The Employee's Safety Nets: Unemployment and
Workers' Compensation, Social Security,
and Retirement Plans
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Q1) Although ERISA has sweeping preemptive impact on most state laws, it specifically exempts _____ from its preemptive powers.
A) state workers' compensation laws
B) retired pensioners' benefit laws
C) immigrant laborers' compensation laws
D) health care providers' compensation laws
Q2) Sophisticated employers recognize that unemployment compensation claims must be considered within the context of the company's:
A) compensation benefits strategy.
B) insurance plans.
C) total human resource strategy.
D) corporate policy.
Q3) The minimum standards for pension plans must be met for the plan to qualify for:
A) liquidity benefits.
B) preferential tax treatment.
C) federal accreditation.
D) FELA status.
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Q4) What are the two types of benefit plans established under the Employee Retirement Income Security Act (ERISA)?
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Chapter 22: The Fair Labor Standards Act
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Q1) Through the _____, the federal government attempted to the general regulation of wages and hours.
A) National Labor Relations Act
B) Federal Employment Liability Act
C) National Industrial Recovery Act (NIRA)
D) Workers' Compensation Act
Q2) Employees covered by the FLSA are entitled to overtime pay at one-and-a-half times their regular pay rate, for hours worked:
A) outside the company precincts.
B) over an above five standard weekdays in a workweek.
C) in excess of forty hours per workweek.
D) beyond thirty hours per workweek.
Q3) Discuss the provisions regarding child labor under the Fair Labor Standards Act.
Q4) In case of an FLSA violation, employees may file suit to recover back wages and overtime plus liquidated damages:
A) for an equal amount.
B) at half the amount.
C) at double the amount.
D) at one-and-half times the amount.
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