An employee in your non-union facility is called into your office for an investigatory interview that could lead to discipline. She asks to have a coworker present. Do you legally have to grant her request? Most aspiring PHRs get this wrong because they remember a half-truth. They correctly recall Weingarten rights but misapply them. The answer, which can make or break your exam score, depends entirely on the current interpretation by the National Labor Relations Board (NLRB).
The PHR Employee and Labor Relations section (PHR5) tests your judgment on U.S. labor laws, union relations, and employee rights. It covers the National Labor Relations Act (NLRA), collective bargaining, unfair labor practices (ULPs), and grievance procedures, making up 20% of the total exam score.
Key facts
- Exam Section
- Employee and Labor Relations (PHR5)
- Blueprint Weight
- 20% of the PHR exam
- Key Legislation
- National Labor Relations Act (NLRA), Labor Management Relations Act (LMRA), Fair Labor Standards Act (FLSA)
- Core Topics
- Union organizing, collective bargaining, unfair labor practices, strikes, grievance procedures
- Official Body
- HR Certification Institute (HRCI)
- PHR Pass Rate
- The HRCI reports a pass rate of approximately 65% for first-time test takers.
How Do These Practice Questions Mirror the Real PHR Exam?
These questions are not a random sample. I have designed them to mirror the judgment-based scenarios you will face on the actual PHR exam. They are calibrated to the 2026 HRCI blueprint for the Employee and Labor Relations functional area, which is a full 20% of your grade.
You'll find a mix of difficulties here. Some questions test direct knowledge of key laws like the NLRA. Others require you to analyze a situation and choose the most appropriate action. This is not about rote memorization. It’s about learning to think like the test-maker.
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Pay close attention to the explanations, especially for the answers you get wrong. I break down not only why the correct answer is right, but also why the distractors are tempting but incorrect. This is the single most effective way to build the critical reasoning skills needed to pass. If you're just starting, you can try VoraPrep's free PHR practice questions to get a baseline.
Employee and Labor Relations Practice Questions
Let's put your knowledge to the test. Answer each question before reading the explanation. Be honest with yourself.
Question 1
During a union organizing campaign at a manufacturing plant, a frontline supervisor tells her team, "If this union gets voted in, the company will have no choice but to close this plant and move operations to Mexico." This statement is most likely to be considered:
This statement constitutes a threat of reprisal, which is a classic violation of Section 8(a)(1) of the National Labor Relations Act (NLRA).
- Why it's right: The NLRA prohibits employers from interfering with, restraining, or coercing employees in the exercise of their Section 7 rights (the right to organize). A supervisor's statement that the plant will close if the union wins is a direct threat, not a factual prediction based on objective evidence.
- Why the others are wrong:
- A is incorrect because this is not a lawful opinion. To be lawful, a prediction about plant closure must be based on objective facts beyond the employer's control. Saying the company will "have no choice" is a coercive threat, not an economic forecast.
- C is incorrect. The form of the communication (verbal or written) does not make an unlawful threat legal.
- D is a critical error in judgment. Supervisors are always considered agents of the employer in labor relations matters. Their actions can create significant legal liability for the company.
Question 2
An employee at a unionized company is called into an investigatory interview with her manager and an HR representative regarding allegations of timecard fraud. The employee requests that her union steward be present for the meeting. What is the employer's obligation?
This question tests your understanding of NLRB v. J. Weingarten, Inc., which established "Weingarten rights."
- Why it's right: When an employee in a unionized workplace reasonably believes an investigatory interview could lead to disciplinary action, they have the right to union representation. The employer has three choices: (1) grant the request and wait for the representative, (2) deny the request and end the interview immediately, making a disciplinary decision based on other evidence, or (3) offer the employee the choice of continuing the interview without representation or having no interview at all. Option D correctly summarizes these choices.
- Why the others are wrong:
- A is wrong. The right applies specifically to investigatory interviews.
- B is too absolute. The employer is not required to delay the interview indefinitely; they can opt to cancel it.
- C is incorrect because the employer cannot simply proceed without the steward if the employee has invoked their right. Doing so would be a ULP.
As of 2026, the NLRB applies Weingarten rights only to unionized employees. The board has reversed its position on this for non-union workplaces multiple times, so knowing the current standard is critical for the exam.
Question 3
A group of non-union employees at a call center create a private group on social media to complain about their new, demanding commission structure. One employee posts, "This new comp plan is impossible. We should all refuse to work overtime next Tuesday to show them we're serious." The HR manager discovers the post. Which of the following actions is most appropriate?
This scenario is about "protected concerted activity" under Section 7 of the NLRA, which applies to non-union workplaces as well.
- Why it's right: Employees discussing terms and conditions of employment (like pay) and planning group action for mutual aid or protection is the definition of protected concerted activity. Even though the plan is for a work stoppage, the discussion itself is protected. Firing or disciplining employees for this activity would be a ULP. The most prudent and legally sound action is to engage with the employees about their underlying concerns.
- Why the others are wrong:
- A is illegal. Terminating the employee would be clear retaliation for engaging in protected activity.
- B is also illegal. Applying a broad social media policy to chill employees' Section 7 rights is a ULP.
- D is a missed opportunity and carries risk. While ignoring it might avoid an immediate ULP, it doesn't address the operational and morale problems brewing. Proactive engagement is the better HR practice.
Question 4
After months of negotiation over a new contract, the union initiates a strike to pressure the company to agree to higher wages. The company hires permanent replacement workers for the striking employees. Under the NLRA, this action is:
This is a critical distinction tested on the PHR. The right to permanently replace striking workers depends entirely on the type of strike.
- Why it's right: During an economic strike (one called to gain economic concessions like higher wages), an employer is legally permitted to hire permanent replacements to keep the business running. Economic strikers are not guaranteed their jobs back, but they have reinstatement rights to their old jobs if they become available.
- Why the others are wrong:
- A is incorrect because this right is not absolute. It does not apply during a ULP strike.
- C is the opposite of the correct rule. During a ULP strike (one called to protest an employer's unfair labor practice), strikers are entitled to immediate reinstatement to their jobs when they offer to return to work, even if it means dismissing the permanent replacements. This is the "aha" moment many candidates miss.
- D is incorrect. While it feels like retaliation, the Supreme Court has affirmed the employer's right to continue operations by hiring permanent replacements during an economic strike.
| Strike Type | Reason for Strike | Reinstatement Rights of Strikers |
|---|---|---|
| Economic Strike | To gain economic concessions (e.g., wages, benefits). | Can be permanently replaced. Have recall rights to substantially equivalent jobs as they open. |
| ULP Strike | To protest an employer's Unfair Labor Practice. | Cannot be permanently replaced. Entitled to immediate reinstatement upon unconditional offer to return. |
Question 5
A new employee at a manufacturing plant in a state with a "right-to-work" law is told by the union steward that she must join the union within 30 days or she will be fired. This demand is:
This question tests your knowledge of union security clauses and the impact of state-level right-to-work laws.
- Why it's right: The Labor Management Relations Act (LMRA or Taft-Hartley Act) allows states to pass "right-to-work" laws. These laws make it illegal to require an employee to join a union or pay union dues as a condition of employment. Therefore, a "union shop" clause, which would require membership, is unenforceable in a right-to-work state.
- Why the others are wrong:
- A is incorrect. While this describes a union shop clause, such clauses are illegal in right-to-work states.
- B is incorrect. An agency shop clause requires employees to pay dues but not become members, and even this is typically prohibited in right-to-work states.
- D is too broad. In states without right-to-work laws, union shop and agency shop agreements are generally permissible and can make union membership or fee payment a condition of employment.
Question 6
Which of the following topics is a mandatory subject of bargaining?
The NLRA categorizes bargaining subjects as mandatory, permissive, or illegal. Your exam will expect you to know the difference.
- Why it's right: Wages, hours, and other terms and conditions of employment are mandatory subjects. Both parties must bargain in good faith over these topics if either side wishes to. Wages and overtime are the most classic examples.
- Why the others are wrong:
- A, C, and D are all permissive subjects (also called voluntary subjects). These are topics that are not directly related to the terms and conditions of employment. The parties may bargain over them if they both agree, but neither side can be compelled to do so.
| Bargaining Subject Type | Definition | Examples |
|---|---|---|
| Mandatory | Must be bargained in good faith if raised by either party. | Wages, hours, overtime, benefits, safety, grievance procedures. |
| Permissive (Voluntary) | May be bargained if both parties agree. | Union's internal affairs, settlement of ULP charges, board composition. |
| Illegal | Cannot be bargained or included in a contract by law. | Closed-shop provisions, discriminatory clauses, hot-cargo clauses. |
Question 7
The Labor Management Relations Act (LMRA), also known as the Taft-Hartley Act, was enacted to:
This is a foundational knowledge question about U.S. labor law history.
- Why it's right: The original NLRA (Wagner Act of 1935) was seen as heavily favoring labor. The LMRA of 1947 was passed to amend the NLRA and create a more balanced playing field. It defined unfair labor practices for unions, allowed states to pass right-to-work laws, and gave the President authority to intervene in strikes that threatened national security.
- Why the others are wrong:
- A and B were established by the original NLRA (Wagner Act).
- D was also part of the original NLRA, although Taft-Hartley made modifications to election processes. The core purpose of Taft-Hartley was to balance power.
Question 8
- Employee and Supervisor
- Union Steward and Department Manager
- Union Grievance Committee and HR Director
- Binding Arbitration
The grievance was denied at Step 3. What is the union's most likely next step?
This question requires you to follow a defined process in a CBA.
- Why it's right: The grievance procedure explicitly states that binding arbitration is the final step after the grievance is denied by the HR Director at Step 3. This is the contractually obligated path.
- Why the others are wrong:
- A may be an option if the subcontracting itself constitutes a ULP (e.g., repudiating the contract), but the immediate next step within the agreed-upon procedure is arbitration. Courts and the NLRB prefer parties to exhaust their contractual remedies first.
- B would likely be a violation of the CBA, as most agreements contain a no-strike clause that is in effect while the grievance and arbitration machinery is available.
- D is premature. Courts will typically refuse to hear a case until the parties have completed the arbitration process outlined in their CBA.
Calculate Your PHR Score & Study Hours by Domain
Adjust your practice scores across official PHR blueprint domains to predict your pass probability and generate a domain-weighted study schedule.
How Did You Score?
So, how did you do? Don't just count the number right or wrong. Analyze the pattern of your mistakes.
- If you scored 6-8 correct: You have a solid foundation in Employee and Labor Relations. Your next step is to drill down on the nuances, like the specific reinstatement rights for different types of strikers or the rules for decertification elections. This level of detail is what separates a passing score from a failing one.
- If you scored 3-5 correct: You have some familiarity with the topics, but there are significant gaps, likely in applying rules to scenarios. This is a common weak spot. Your priority this week should be reviewing the NLRA, particularly Sections 7 and 8, and the purpose of the LMRA. A tool like VoraPrep's adaptive question bank can be invaluable, as it will automatically surface questions from your weak areas until you master them.
- If you scored 0-2 correct: This section is a major risk area for you. Don't panic. This is valuable information. It means you need to start from the beginning. Before tackling more practice questions, go back to your study materials and read the entire Employee and Labor Relations chapter. Understanding the context makes the rules easier to remember and apply. For a structured approach to your PHR exam prep, check out the exam details and format breakdown.
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