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SPHR Questions - Part 64
1. What is the time limit for filing a charge of discrimination with the EEOC?
A) 180 days
B) 30 days
C) 60 days
D) 90 days
2. As an HR Professional you must be familiar with particular labor-based acts of congress. One such act is the Taft-Hartley Act which addressed right-to-work states and unions. What does right-to-work states mean for unions and employees?
A) Employees are not required to join a union to work.
B) Employees must join the union in order to work.
C) Union conducts the hiring process for an organization.
D) An organization can fire employees if they're members of a union.
3. The lawsuit Oncale v. Sundowner Offshore Service, Inc. is a unique sexual harassment case. What was the relevance of this case which makes it unique to human resource professional?
A) It is a sexual harassment case that was brought about by a man being harassed by women.
B) It is a sexual harassment case that was actually a fictitious account of harassment.
C) It is the first sexual harassment case that awarded a woman over $1,000,000.
D) It is a sexual harassment case that was brought about by a man being harassed by men.
4. As an HR Professional you should be familiar with the terminology, practices, and rules governing unions and management in the bargaining process. What is the zipper clause in regard to negotiations?
A) Items in a management-union contract can be 'zipped' open and closed as often as necessary.
B) Items in a management-union contract are 'zipped' closed, once the agreement is signed by both parties.
C) Management and union representations are locked out of union employee meetings.
D) Management is locked out of union meetings.
5. Fred is a union employee who has been summoned by the management to an investigatory hearing regarding his conduct. Fred would like to have a union representative with him at the meeting. What is the name of the right that allows Fred to have a union representative with him at the meeting?
A) Management Rights
B) Weingarten Right
C) Bumping Right
D) Right of Way
A) 180 days
B) 30 days
C) 60 days
D) 90 days
2. As an HR Professional you must be familiar with particular labor-based acts of congress. One such act is the Taft-Hartley Act which addressed right-to-work states and unions. What does right-to-work states mean for unions and employees?
A) Employees are not required to join a union to work.
B) Employees must join the union in order to work.
C) Union conducts the hiring process for an organization.
D) An organization can fire employees if they're members of a union.
3. The lawsuit Oncale v. Sundowner Offshore Service, Inc. is a unique sexual harassment case. What was the relevance of this case which makes it unique to human resource professional?
A) It is a sexual harassment case that was brought about by a man being harassed by women.
B) It is a sexual harassment case that was actually a fictitious account of harassment.
C) It is the first sexual harassment case that awarded a woman over $1,000,000.
D) It is a sexual harassment case that was brought about by a man being harassed by men.
4. As an HR Professional you should be familiar with the terminology, practices, and rules governing unions and management in the bargaining process. What is the zipper clause in regard to negotiations?
A) Items in a management-union contract can be 'zipped' open and closed as often as necessary.
B) Items in a management-union contract are 'zipped' closed, once the agreement is signed by both parties.
C) Management and union representations are locked out of union employee meetings.
D) Management is locked out of union meetings.
5. Fred is a union employee who has been summoned by the management to an investigatory hearing regarding his conduct. Fred would like to have a union representative with him at the meeting. What is the name of the right that allows Fred to have a union representative with him at the meeting?
A) Management Rights
B) Weingarten Right
C) Bumping Right
D) Right of Way
1. Right Answer: A
Explanation: Answer option A is correct.The individual filing the claim has 180 days from the date of the alleged violation. In some instances the 180-day limitation may be extended to 300 days if the charge is covered by a state or local anti-discrimination law.Answer option B is incorrect. The limit is 180 days, not 30 days.Answer option C is incorrect. The limit is 180 days, not 60 days.Answer option D is incorrect. The limit is 180 days, not 90 days.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
2. Right Answer: A
Explanation: Answer option A is correct.Right-to-work states, as addressed in the Taft-Hartley Act, state that employees aren't required to join a union in order to work.Answer option B is incorrect. This isn't a valid statement as employees aren't required to join a union in order to work.Answer option D is incorrect. The Taft-Hartley does allow employers to fire supervisors who are engaged in union activities or do not support the employer's position.Answer option C is incorrect. The union does not conduct the hiring process for the organization.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Labor Relations
3. Right Answer: D
Explanation: Answer option D is correct.The Oncale v. Sundowner Offshore Service, Inc. is the Supreme Court case that found that sexual harassment under Title VII was written to protect women, should be applicable to both sexes.Answer options B, A, and C are incorrect. These aren't valid answers for the case. It was a lawsuit that centered on a man being sexually harassed by other men in the workforce.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
4. Right Answer: B
Explanation: Answer option B is correct.Once management and union are in agreement with the terms of the contract and they sign the agreement, new demands or negotiations are not allowed. The contract is zipped closed for its duration.Answer option C, D, and A are incorrect. These are'nt valid definitions of the zipper clause.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
5. Right Answer: B
Explanation: Answer option B is correct.The Weingarten Right is a right based on the US Supreme Court case NLRB v. Weingarten in 1975. This case establishes the right of a union member employee to have a union representative present at investigatory meetings with management.Answer option C is incorrect. The bumping right is the right of a senior employee whose position may be eliminated, and who opts to take the position of a less senior employee instead of losing the employment altogether.The less senior employee is 'bump' out of employment by the senior employee.Answer option D is incorrect. Right of way is not a valid term for this scenario.Answer option A is incorrect. Management rights describe the ability of management to manage their organization the way they see fit unless the management approach contradicts a union labor contract.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Employee Relations
Explanation: Answer option A is correct.The individual filing the claim has 180 days from the date of the alleged violation. In some instances the 180-day limitation may be extended to 300 days if the charge is covered by a state or local anti-discrimination law.Answer option B is incorrect. The limit is 180 days, not 30 days.Answer option C is incorrect. The limit is 180 days, not 60 days.Answer option D is incorrect. The limit is 180 days, not 90 days.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
2. Right Answer: A
Explanation: Answer option A is correct.Right-to-work states, as addressed in the Taft-Hartley Act, state that employees aren't required to join a union in order to work.Answer option B is incorrect. This isn't a valid statement as employees aren't required to join a union in order to work.Answer option D is incorrect. The Taft-Hartley does allow employers to fire supervisors who are engaged in union activities or do not support the employer's position.Answer option C is incorrect. The union does not conduct the hiring process for the organization.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Labor Relations
3. Right Answer: D
Explanation: Answer option D is correct.The Oncale v. Sundowner Offshore Service, Inc. is the Supreme Court case that found that sexual harassment under Title VII was written to protect women, should be applicable to both sexes.Answer options B, A, and C are incorrect. These aren't valid answers for the case. It was a lawsuit that centered on a man being sexually harassed by other men in the workforce.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
4. Right Answer: B
Explanation: Answer option B is correct.Once management and union are in agreement with the terms of the contract and they sign the agreement, new demands or negotiations are not allowed. The contract is zipped closed for its duration.Answer option C, D, and A are incorrect. These are'nt valid definitions of the zipper clause.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
5. Right Answer: B
Explanation: Answer option B is correct.The Weingarten Right is a right based on the US Supreme Court case NLRB v. Weingarten in 1975. This case establishes the right of a union member employee to have a union representative present at investigatory meetings with management.Answer option C is incorrect. The bumping right is the right of a senior employee whose position may be eliminated, and who opts to take the position of a less senior employee instead of losing the employment altogether.The less senior employee is 'bump' out of employment by the senior employee.Answer option D is incorrect. Right of way is not a valid term for this scenario.Answer option A is incorrect. Management rights describe the ability of management to manage their organization the way they see fit unless the management approach contradicts a union labor contract.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Employee Relations
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