All of the following would be legally considered unfair labor practices for an employer except
Correct Answer: A
Explanation: Positional bargaining is one among many bargaining options for employers, and entering into positional bargaining is not considered to be an unfair labor practice. However, entering into a hot cargo agreement with the union, taking disciplinary actions against those who participate in unions, and declining to enter into a bargain with the employee union may be considered unfair labor practices for employers.
Question 72
What is the distinguishing characteristic of a seamless organization?
Correct Answer: C
Explanation: The distinguishing characteristic of a seamless organization is a lack of hierarchy. In a seamless organization, employees are not placed in departments and restricted in their communication. The traditional boundaries within an organization, whether departmental or geographic, do not exist.
Question 73
The EEO1 report must be completed on or before which date each year?
Correct Answer: D
Explanation: The EEO1 report must be completed on or before September 30 of each year (as this reflects the federal fiscal calendar). The other dates - January 31, April 1, and June 15 - all reflect possible times for submitting the report, if viewed as falling "before" September 30, but they do not reflect the required date. Also, it is unlikely that any human resources professional would submit the report on these dates. It is far more likely that the report will be completed and submitted closer to the required date.
Question 74
Which of the following best represents what an employer can do when employees begin to unionize?
Correct Answer: D
Explanation: When an employer discovers that employees are beginning to unionize, the employer is not allowed to prevent unionization. The employer can, however, provide information to employees about the problems involved with unionization. Answer choice A is incorrect because the employer may not contact union leaders and forbid unionization. Answer choice B is incorrect because employers are not allowed to block employees who begin to unionize. Answer choice C is incorrect because employers may not threaten to replace workers who choose to unionize (although employers may replace workers during a lawful economic strike). Answer choice E is incorrect because employers are allowed to discuss unionization with employees; however, the substance of that discussion can be restricted by law.
Question 75
As of July 24, 2009, the federal minimum wage was established at $7.25 per hour. Grace Clothing, a successful line of retail clothing stores located in California, will be hiring 10 new workers at minimum wage with the option for commission. California has a statewide minimum wage of $8.00 per hour, so the company owners have contacted human resources manager Edwina regarding the disparity in minimum wage pay at the state and federal level. Which statement below best quotes the policy Edwina would cite to help Grace Clothing resolve the difference?
Correct Answer: C
Explanation: Minimum wage law is as follows: the federal minimum wage is primary if the state minimum wage is lower than the federal minimum wage. If the state minimum wage is higher than the federal level, however, the company is required to pay the state minimum wage. In other words, companies are expected to pay whatever happens to be higher. There are, of course, a number of variables that can affect minimum wage and what a company is expected to pay, but in question 10 one should assume that Grace Clothing in California is required to pay whatever happens to be the higher minimum wage. This means that answer choices A and B are immediately incorrect. In the case of answer choice D, the question does not provide any information about the size of the company, so the answer choice becomes irrelevant to the discussion. (Again, it must be assumed based on the question that Grace Clothing is required to pay minimum wage; the real question is which minimum wage?) And answer choice E is incorrect because the presence of commission should not necessarily affect minimum wage. The minimum wage is the minimum a company is expected to pay employees. Any commissions represent an addition to payment, but because commissions cannot be guaranteed they cannot compensate for lower minimum wage.