HRM 620 MAKE UP QUIZ

HRMD 620 Make-up Exam Fall 15

Instructions: Please read these carefully. If you assume you know what is required, you may make a mistake that can be avoided just by reading the instructions.

 Post email to me your Answer Sheet by December 7, 2015, 11:59 p.m. (EST). Late work or extensions will not be granted under this special Incomplete arrangement.

 Do not use any work that has been submitted to a previous class. (This would be a violation of the originality policy in the syllabus. This is also part of the Academic Integrity pledge you signed.)

 Do not use a cover sheet. Just be sure your name is on the Answer Sheet. The blank Answer Sheet is provided.

 Remember to use a Word .doc or .docx file format to ensure I can open your work.

 Please do not retype the information or annotate your multiple-choice response. Any confusion in the answer will be interpreted as an error. Just list the response by the number on the Answer Sheet.

 Please do not consult sources other than those we have already used in the course. The exam

tests your understanding of the existing reading material and exercises, not your ability to do

research.

 Completion of this exam requires reading Chapters 1-4 and Chapter 10 (pages 360-372) of the

course text, plus 3 weekly lectures that are provided. The text is:

Carrell, M. & Heavrin, C. (2013). Labor relations and collective bargaining: Private and public sectors (10th ed.). Upper Saddle River, NJ: Prentice Hall.

 Please do use APA to reference your essay/case response. Create a reference list at the end and

use the (author, year) format within the text; or, if it is a direct quote, the (author, year, page

number) format. Please do not start a new page only for the reference list; just space down

after your last response.

 I will process your essay through Turnitin when I receive your submission.

 Please realize that I cannot answer questions that are actually part of the test itself. That violates testing methodology. I can address “administrative type” questions via email.

 Please be sure you submit the document you intend. Once you submit your work or after the deadline, I cannot accept revisions to your assignment. In other words, be sure to get it right the first time.

Tips for Success Be sure you have answered all the questions. From time to time, I see students misnumber or omit questions. Allow sufficient time to think, revise, and think again about your answers before producing the final document. As soon as you have the exam, read what is needed. During the week, think about how to answer the questions. Jot down ideas to consider. Create an outline of the content you want to include in the written portion. Then, assemble the parts into a coherent response. If you need help, use the free writing support tools that are accessed via the classroom.

Part A – Basic Knowledge (This is worth 30% of the test score. Each question is worth 2 points.)

1. Generally, union membership tends to ___.

a. decrease the company’s time spent on grievances b. provide greater individual rewards based on performance c. lower employee job security d. provide higher wages e. reduce the standardization in work procedures and processes

2. True or False: Legislators who are considering current changes in the labor laws can note that the legal framework in historical development was important since private and public union membership increased significantly shortly after the respective laws established employee rights to join.

3. True or False: Because federal employees are prohibited from striking and negotiating wages,

public sector union density has lagged behind the private sector since 2009.

4. The collective bargaining actions of an airline company in the United States will be governed by

the ____:

a. Federal Labor Relations Act

b. Wagner Act

c. Title VII of the Civil Rights Act

d. Railway Labor Act

e. Department of Labor

5. True or False: The AFL-CIO and Change-to-Win are unions that lead national level negotiations.

6. True or False: Companies which would like to avoid unionization can hire only employees who pledge to refrain from union membership.

7. True or False: The worker must be part of the designated bargaining unit in order to vote in the election.

8. The underlying principle for the NLRB’s determination of an appropriate bargaining unit is that only employees who have ________ can be appropriately grouped in that unit.

a. the same number of years of total work experience

b. similar wages, hours, and working conditions

c. similar cultural and regional backgrounds

d. the same educational background

e. the same supervisor

9. True or False: If the bargaining unit has 100 people, at least 50 need to sign authorization cards

in order for an NLRB-sponsored secret-ballot election to be conducted.

10. True or False: Given the most recent NLRB ruling, employees who have access to the company

email system can be restricted from using it for union organizing.

11. True or False: Neither labor nor management can be sure if a specific action will constitute an

unfair labor practice under Section 8 because the politically-appointed NLRB changes its opinion.

12. True or False: If the bargaining unit has 100 people and 80 of them vote in a secret-ballot election, at least 41 must select the union in order for it to win.

13. True or False: If the bargaining unit has 100 people and 75 sign authorization cards, under the

existing law, the election is waived and the union automatically wins.

14. Which of the following statements is TRUE of certification of a union by the NLRB using a secret- ballot election?

a. Once a union is certified by the NLRB, its status is binding on the employer for at least two years,

during which time the employer must bargain with it. b. It is mandatory for a certified union to undergo a recertification election every two years. c. If a certified union fails to reach its first contract within two months of bargaining, it is penalized

under the NLRA. d. The NLRB will not entertain a rival certification petition for a bargaining unit represented by a

certified union within the first year.

15. True or False: The certified union has exclusive bargaining rights and responsibilities for only those employees within the bargaining unit who join the union.

Part B – Short Answer. (This is worth 10% of the test score.)

Define an “unfair labor practice” and explain the criteria that are used to determine if one exists.

Double-space your response and limit it to 1 page by writing concisely.

Part C – Case Analysis - (This is worth 60% of the test score.)

The company operates about 700 convenience stores. A sales assistant at one of the company’s stores

was murdered while on duty. The murder was widely publicized, and employees complained of

inadequate security measures. As a result of the murder, 15 sales assistants telephoned the union

requesting a union organization effort. The union sent representatives to 60 stores in the area where

the murder had occurred and left union authorization cards. Two days later the company notified the

union that an injunction had been issued during a prior union campaign prohibiting solicitation on

company property.

The next workday, the company had a meeting with the store managers in the area and talked about the need to improve security. The company officials also discussed the union’s organization activities and reminded the managers of the “no solicitation” policy and stated that a union would not necessarily do the employees any good. Later that week, the company had an unprecedented meeting for all sales assistants. Approximately 200 sales assistants attended and were paid for their time. The company officials told the employees that they did not need a union and that the employees from the union could retrieve their authorization cards. The employees were asked to voice their complaints and the employees listed the following: getting less than 40 hours work per week; not having breaks; not being paid for overtime work; working alone at night; and poor lighting at the stores.

The next day the company sent a memo to all regional personnel directing that sales assistants should work a 40-hour workweek; canopy lights were installed at all the stores; a policy was adopted that no one would be required to work alone at night; and sales assistants began receiving wages for after-hours overtime work. The company posted “no solicitation” signs in all stores and directed that those signs be

enforced; if the employees did not enforce the signs, they would lose their jobs. Later that month the company held further meetings with sales assistants, who again were paid for their time. They asked to select committee representatives to meet with management to discuss their complaints. Management officials left the room while the employees selected their representatives. The company made a list of the ten most frequently mentioned items from the employees’ recommended subjects for the committee to discuss.

Meanwhile, the union filed a representation petition with the NLRB seeking an election in a unit of all Summitt, Ohio sales assistants. The company president told the managers to tell the sales assistants that if they joined the union, the company would close those stores. The first meeting of the Employee Management Committee was held and the ten priority items were listed, granting employees a new vacation policy, improved health-care benefits, sick days, change in holiday hours for pay, recognition of seniority ranks, and improved security systems. Not long after that, the company sent an additional memo around announcing other improvements in life, major medical, and accident insurance plans, in addition to death and family benefits and a revised disciplinary appeal system.

The union wants to file a complaint with the NLRB. What “unfair labor practice” claim(s) could it make? For each one, what defense would the company give? Use the specific terms and concepts covered in this course to support your analysis. Please limit your response to a maximum of two and a half concisely written, double-spaced pages.

The basic outline for your answer will be: Short introduction: Give the purpose and agenda for the response. Do not repeat the case information. Analysis: Cite as many ULPs as you detect. You can use this chart format or write in prose. Just be sure to match the company’s defense to the union’s specific accusation.

Unfair labor practice claim(s) Union’s position for each Company’s position for each

#1

#2

Etc.

Summary – Just give a brief recap of your key points. Do not introduce new material. Reference(s) -- Give the APA citation for the CH text.

Rubric _____Content = (90% of Part C; 0-90) --The union’s reason for calling the behavior an ULP --The company’s defense, the reason it believes the identified behavior does not meet the criteria for an ULP _____Presentation (10% of Part C; 0-10):

Introduction gives purpose and agenda for case analysis. (2) Writing is clear and clean. (5) Summary recaps the key points of the analysis. (1) End and In-text reference(s) follow APA requirements. (2)

NOTE: Please re-read the instructions to be sure you’ve done everything that is needed.