No, because temporary employees do not have reinstatement rights.

Answer option A is correct.
Temporary employees do not have reinstatement rights under the Uniformed Services
Employment and Reemployment Rights Act of 1994.
Answer option B is incorrect. Temporary employees do not have reinstatement rights, but nontemporary
employees do have reinstatement rights.
Answer option C is incorrect. The 90-day notice is not a valid measurement for reinstatement of
temporary personnel.
Answer option D is incorrect. This isn't a valid statement as the act doesn't require an employer to
reinstate temporary workers.
Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-
5. Chapter 7: Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR
Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Employee and Labor Relations

Breach of duty of loyalty

Answer option B is correct.
When Mark influences the home owner's decision to benefit himself he's breaching the common
law of duty of loyalty.
Answer option A is incorrect. Bait and switch is sales ploy that offers a price on one product, but
then the salesperson offers a higher price on the similar item. For example, an advertisement
offers a television for $500, but when you visit the store they're out of that model. The salesperson
shows you a similar model that sells for $599.
Answer option C is incorrect. The common law term duty of diligence describes an employee's
responsibility to act with reasonable care and skill for the employer. This is part of the employeeemployer
payment contract.
Answer option D is incorrect. Duty of obedience describes an employee's obligation to follow the
employer's authority and reasonable and legal policies, procedures, and rules.
Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-
5. Chapter 7: Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR
Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation

A skip-level interview

Answer option B is correct.
A skip-level interview provides an opportunity for a manager's manager to obtain insight into the
goals and satisfaction of employees in the work group. An employee survey (A) is best used to
gather information about various issues that can be collated and summarized. A focus group (B)
can be used to involve employees in the decision-making process. A brown-bag lunch (D) is an
effective way for senior managers to meet with small groups of employees to answer questions
about the company goals and mission and to obtain feedback about operations. See Chapter 7 for
more information.
Chapter: Employee and Labor Relations
Objective: Employee Relations

Modify the dress code unless doing so would create an undue hardship.

Answer option A is correct.
A dress-code policy is generally an accepted employer practice, provided it applies to all
employees or employees in certain job categories. There are exceptions, however, based on
ethnicity or religious practices. As with any other accommodation, an employer should actively
seek a solution that does not result in undue hardship. See Chapter 7 for more information.
Chapter: Employee and Labor Relations
Objective: Employee Relations

Focus group

Answer option B is correct.
A focus group is often used to find an employee-driven solution to a problem. Focus groups
typically, but not always, include sampling of employees from across the organization. Focus
groups should be led by neutral moderators, rather than members of the management.
What are focus groups?
Focus groups are directed conversations for gathering ideas, opinions about a product, service,
problem, or opportunity.
Answer option A is incorrect. A pilot group is a collection of employees who will test a new
software, impart training, or other implementation, and provide feedback on their experience. Pilot
groups ,often, are the control groups to determine how the software, training, or implementation
will go in the rest of the organization.
Answer option C is incorrect. A workshop isn't usually a sampling of employees from across the
organization, though it could be. A workshop is designed to define requirements, solve a specific
problem, or to create goals for an objective. Workshops aren't usually led by a neutral moderator
like in a focus group.
Answer option D is incorrect. A brainstorming session isn't led by a neutral moderator. These
sessions aim to generate as many ideas as possible for softwares, products, services, or other
solutions.
Reference: PHR Exam Prep, Pearson Education, ISBN: 978-0-7897-3677-2. Chapter Seven:
Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR Certification
Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.
Chapter: Employee and Labor Relations
Objective: Employee Relations

Organizational culture defines the values of the company. Organizational climate defines the
implementation of the values.

Answer option C is correct.
Organizational climate and culture are related. Climate is how people feel about the organization;
culture is why they feel that way about the organization.
Answer option A is incorrect. Culture and climate is more than just the organization's attitude to
learning.
Answer option B is incorrect. This choice is close, but climate and culture are from people's
perspectives and interpretations, not the organization.
Answer option D is incorrect. This isn't a valid choice as culture and climate are more than hostility
and hospitality.
Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-
5. Chapter 7: Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR
Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Employee and Labor Relations
Objective: Employee Relations

Violation of company policy

Answer option A is correct.
If an employee violates a company policy then there is justification for terminating an employee.
Answer option B is incorrect. A person cannot be fired for being a member of a protected class.
Answer option C is incorrect. A person that reports unlawful or unsafe conditions is considered to
be a whistleblower - and cannot be fired for doing so.
Answer option D is incorrect. Filing a worker's compensation claim is not a valid reason for
terminating an employee.
Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-
5. Chapter 7: Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR
Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Employee and Labor Relations
Objective: Employee Relations

It means that Hans and the organization must settle all disputes, if any arise, through a neutral
third party rather than through a lawsuit.

Answer option D is correct.
Mandatory arbitration helps the organization avoid lawsuits, should any arise, between the
employee and the employer, by agreeing up-front to settle potential disagreements through an
arbitrator versus a lawsuit.
Answer option A is incorrect. This answer describes a non-compete agreement.
Answer option B is incorrect. This isn't a valid answer for the mandatory arbitration agreement.
Answer option C is incorrect. Hans doesn't need to file legal complaints with his employer under
this agreement. The agreement means that Hans and the employer will settle the problem without
a lawsuit.
Reference: PHR Exam Prep, Pearson Education, ISBN: 978-0-7897-3677-2. Chapter Seven:
Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR Certification
Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.
Chapter: Employee and Labor Relations
Objective: Dispute Resolution

Options

Answer option A is correct.
There are six stages of mediation: structure, introductions, fact-finding, options, negotiating, and
writing the agreement. The options stage identifies all possible alternative solutions to the
problem.
Answer option B is incorrect. Fact-finding allows both sides to present their case and for the
mediator to identify the facts.
Answer option C is incorrect. Negotiating helps the parties come to an agreement based on the
identified options.
Answer option D is incorrect. Structure describes how and when the mediation process will occur.
Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-
5. Chapter 7: Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR
Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Employee and Labor Relations

The Clayton Act

Answer option A is correct.
The Clayton Act clarified language in The Sherman Antitrust Act, and deemed labor unions and
agricultural unions exempt from The Sherman Antitrust Act.
Answer option B is incorrect. The Railway Labor Act applied onto, to interstate railroads, and
required workers to keep the trains moving.
Answer option C is incorrect. The National Industrial Recovery Act guaranteed laborers the right to
organize and bargain collectively.
Answer option D is incorrect. The National Labor Relations Act, also known as the Wagner Act,
guaranteed the right to self-organization, to form, join, or assist labor organization, to bargain
collectively through representatives of their own choosing.
Reference: PHR Exam Prep, Pearson Education, ISBN: 978-0-7897-3677-2. Chapter Seven:
Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR Certification
Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.
Chapter: Employee and Labor Relations