04/08/2025
Here are 10 scenario-based questions with short answers designed to help you prepare for the Unions and Labor Relations section of the PHR exam,
1. What law primarily governs union organizing and collective bargaining in the private sector?
Answer: The National Labor Relations Act (NLRA) governs union rights, collective bargaining, and unfair labor practices in the private sector.
2. Who enforces the NLRA and handles complaints about unfair labor practices?
Answer: The National Labor Relations Board (NLRB) is the federal agency that enforces the NLRA and oversees union elections and ULP claims.
3. Can an employer legally discourage union activity by threatening employees with job loss?
Answer: No. This is an unfair labor practice (ULP) under the NLRA.
4. During a union organizing campaign, what actions are employers allowed to take?
Answer: Employers may use the TIPS guideline: they may not Threaten, Interrogate, Promise, or Spy, but they can express opinions and share factual information.
5. What is a "collective bargaining agreement" (CBA)?
Answer: A CBA is a legally binding contract between the employer and union that outlines wages, hours, benefits, and working conditions.
6. What does the Taft-Hartley Act allow employers to do?
Answer: The Taft-Hartley Act allows employers to express anti-union views and also restricts certain union practices, such as jurisdictional strikes and secondary boycotts.
7. If a unionized employee believes they were unfairly disciplined, what is the typical next step?
Answer: The employee would typically file a grievance through the union, according to the procedure in the CBA.
8. What is the legal consequence if a manager interferes with a union election?
Answer: It may be ruled an unfair labor practice, and the election results could be invalidated.
9. Can employers hold mandatory meetings to discuss their position on unionization?
Answer: Yes, as long as they do not violate TIPS (Threaten, Interrogate, Promise, Spy).
10. What is the difference between a union shop and an open shop?
Answer: A union shop requires employees to join the union after being hired. An open shop does not require union membership at all.