CHAPTER 15: HIRING PERSONNEL AND DEALING WITH UNIONS
TRUE/FALSE
1. A common obstacle to effective interviewing is the mistake of concentrating exclusively on the
applicant as a person.
a. True
b. False
2. Negligent hiring litigation is becoming less common.
a. True
b. False
3. During the past decade, the increase in the number of women in policing has kept pace with the
increase in the number of male officers.
a. True
b. False
4. The ADA prohibits medical inquiries or evaluations, including some psychiatric evaluations, until
after a job offer has been made.
a. True
b. False
5. “People skills” have become a critical tool for law enforcement officers.
a. True
b. False
6. Law enforcement officers have always been responsible for their individual wrongdoings, criminally
or civilly.
a. True
b. False
7. Departments should have a “tattoo” and “piercing” policy to prevent lawsuits from current and
previous employees.
a. True
b. False
8. The disadvantages of advanced education for entry-level law enforcement officers appear to outweigh
the advantages.
a. True
b. False
9. Physical agility tests are most often of the military type and frequently include an obstacle course.
a. True
b. False
10. Law enforcement is not directly affected by the ADA’s goal of guaranteeing individuals with
disabilities access to employment and to governmental programs, services and activities because of the
physical requirements associated with law enforcement.
a. True
b. False
11. During an interview, the interviewer should talk approximately 50 percent of the time.
a. True
b. False
12. The ADA has had little impact on the recruiting process in law enforcement.
a. True
b. False
13. When interviewing, you should never indicate that you are interested in hiring a woman or minority
person to improve your Affirmative Action/Equal Employment Opportunity profile.
a. True
b. False
14. Under the ADA, pedophilia is not considered a disability.
a. True
b. False
15. Unanimous agreement exists that college education enhances patrol officer performance.
a. True
b. False
16. It is becoming less common for promotion in law enforcement to be contingent upon a higher level of
education.
a. True
b. False
17. Anyone acting under the authority of law who violates another person’s constitutional rights can be
sued.
a. True
b. False
18. Under the ADA, compulsive gambling is considered a disability.
a. True
b. False
19. Law enforcement membership in unions is one of the fastest growing labor groups in the nation.
a. True
b. False
20. The most desirable way to avoid management-employee conflict is to resolve issues at the highest
level possible.
a. True
b. False
21. Most states have laws restricting officers from going on strike.
a. True
b. False
22. Law enforcement managers must recognize that officers have a right to join a union and to negotiate
with management.
a. True
b. False
23. Physical agility tests are not governed by the ADA, as they are not considered to be medical
examinations.
a. True
b. False
24. Effective interviewers should use stress techniques designed to trap or fluster the applicant, to observe
how they respond under pressure.
a. True
b. False
25. The ADA prohibits medical inquiries or evaluations, including some psychiatric evaluations, until
after a job offer has been made.
a. True
b. False
26. Anyone can fit into a “special employment group.”
a. True
b. False
27. A yellow-dog contract makes union membership illegal under the penalty of discharge.
a. True
b. False
MULTIPLE CHOICE
28. Vicarious liability refers to __________.
a.
individual acts of criminal liability
b.
individual acts of civil liability
c.
legal responsibility for the acts of another
d.
nonresponsibility of local government jurisdiction
29. Which of the following is not a component of vicarious liability?
a.
negligent hiring
b.
negligent firing
c.
negligent training
d.
negligent retention
30. The most difficult task for law enforcement managers is __________.
a.
discipline of senior officers
b.
budgeting
c.
hiring employees
d.
firing employees
31. Generation Xers are considered to be those people born during the years from __________.
a.
1921 to 1941
b.
1941 to 1961
c.
1961 to 1981
d.
1981 to 2001
32. On average, each department has at least a __________ percent of open positions available.
a.
10
b.
15
c.
12
d.
5
33. When conducting reference checks, it is not necessary to __________.
a.
talk with high school teachers
b.
check with references who have submitted letters
c.
ask job-related questions
d.
hold final decisions until all references have been checked
34. During the interview the interview board should __________.
a.
ask different questions to fit the candidate
b.
establish a rapport with the candidate
c.
maintain a strictly formal interrelationship throughout the interview
d.
all of these
35. According to your text, the leading strategy in the private sector is __________.
a.
tattooing
b.
branding
c.
marking
d.
retention
36. Effective interviewing involves __________.
a.
not being influenced by a single trait
b.
asking leading questions
c.
talking more than listening
d.
all of these
37. The Equal Employment Opportunity Commission enforces __________.
a.
laws prohibiting job discrimination against qualified aliens
b.
the Civil Rights Act of 1964
c.
the amended Equal Opportunity Act of 1972
d.
all of these
38. An example of a bona fide occupational qualification in law enforcement might be that the applicant
has __________.
a.
a clean driving record
b.
two or more outstanding parking tickets
c.
normal or correctable-to-normal hearing and vision
d.
relatives employed in the criminal justice field
39. Which of the following is not a major police union group?
a.
International Union of Police Officers
b.
International Brotherhood of Police Officers
c.
National Association of Police Officers
d.
Fraternal Order of Police
40. Issues that may arise when recruiting immigrants are __________.
a.
distrust toward law enforcement
b.
limited language/writing skills
c.
distrust of American government
d.
all of these
41. The agency charged with enforcing management and union regulations is the __________.
a.
EEO
b.
NLRB
c.
AAP
d.
EEOA
42. A yellow-dog contract __________.
a.
makes it mandatory to join the union
b.
prevents management from belonging to a union
c.
prohibits new employees from joining a union
d.
permits managers to join the union
43. Unions have existed in the United States for about ___________ years.
a.
200
b.
125
c.
75
d.
40
44. The ADA prohibits employers from discriminating against a QID in all the following areas except
__________.
a.
hiring decisions
b.
training, promoting and terminating decisions
c.
issues concerning compensation
d.
psychiatric evaluations
45. Collective bargaining __________.
a.
deals only with wages and benefits
b.
permits management and union to agree on a contract
c.
permits unions to meet collectively for greater strength
d.
is a bargaining process involving agreement among the union members
46. Which of the following cases extended Section 1983 liability to local municipalities?
a.
Griggs v. Duke Power Company
b.
Davis v. City of Dallas
c.
Monell v. New York City Department of Social Services
d.
none of these
47. The case in which the court ruled in favor of a police department that required applicants to have
completed 45 semester hours of college credit with at least a “C” average was __________.
a.
Martin v. City of San Diego
b.
Anders v. City of Milwaukee
c.
Davis v. City of Dallas
d.
Gonzales v. City of Albany
48. The _____________ is the most widely used psychological assessment test in the country.
a.
Myers-Briggs Type Indicator
b.
Minnesota Multiphasic Personality Inventory
c.
California Personality Profile
d.
Strong-Campbell Aptitude Assessment
49. When conducting an interview, avoid asking __________.
a.
leading questions
b.
questions that call for a simple yes or no
c.
for information protected by the Equal Employment Opportunity Act
d.
all of these
50. A bona fide occupational qualification is one that __________.
a.
eliminates a candidate from the applicant pool
b.
prospective employers are not allowed to discuss during interviews
c.
is reasonably necessary to perform a job
d.
lessens an employee’s chances of receiving a promotion
51. The most common methods of screening applicants are __________.
a.
interviews
b.
applications
c.
physical fitness exams
d.
all of these
52. The levels of bargaining include all the following except __________.
a.
arbitration
b.
mediation
c.
open discussions
d.
litigation
53. The case of Regents of University of California v. Bakke dealt with the issue of __________.
a.
higher education requirements for law enforcement promotions
b.
affirmative action policies for college admissions
c.
union shops in the west
d.
mandatory use of assessment centers in determining employment eligibility
54. Reverse discrimination refers to __________.
a.
discrimination against minorities
b.
hiring and promoting to the detriment of White males
c.
discrimination in hiring women
d.
discrimination against employers by employees
55. _____________ may be legally responsible for the actions of a single officer.
a.
Direct managers
b.
An entire law enforcement agency
c.
The jurisdiction served and the law enforcement agency
d.
all of these
56. Which of the following is the least commonly used screening method?
a.
command interviews
b.
medical examinations
c.
written tests
d.
background investigations
57. According to the DOJ, about _________ percent of employees have some form of a disability.
a.
10
b.
15
c.
20
d.
25
58. In contract negotiations, each side may rely on ____________ to throw the process into binding
arbitration.
a.
strikes
b.
delaying tactics
c.
political relationships
d.
race tactics
COMPLETION
59. The term ______________________ refers to a situation in which people must belong to or join the
union to be hired.
60. In terms of the ADA, a “QID” is a(n) _____________________________________.
61. The National Labor Relations Act is also called the _______________________.
62. The father of modern policing, who first emphasized the importance of professional training and
education for officers, was ___________________________________.
63. The Age Discrimination in Employment Act (ADEA) of 1967 prohibits discrimination based on age
for people between the ages of ___ and ___.
64. __________ is the process an organization uses to distinguish itself from other employers.
65. A(n) __________________________, or BFOQ, is an applicant requirement that must be based on
tasks or skills that are reasonably necessary to perform the job.
66. Many police officers believe that giving preferential treatment to many minorities has resulted in
____________________________ in hiring and promoting.
67. The primary purpose of _______ is to improve employment conditions through collective bargaining.
68. A ___________________________ involves investigating references listed on an application, credit,
driving record, criminal conviction, academic background and required professional licenses.
MATCHING
Match each statement to the item listed below.
a.
affirmative action program
g.
mediation
b.
arbitration
h.
negligent hiring
c.
closed shop
i.
open discussion
d.
collective bargaining
j.
rapport
e.
halo effect
k.
reasonable accommodation
f.
impairment
69. a level of bargaining where a neutral third party is brought in to assist the discussion
70. prohibits management from hiring nonunion workers
71. failure to use an adequate selection process or to check for prior offenses or misconduct
72. a tendency to assume that candidates strong in one area will be strong in other areas
73. a written plan to ensure fair recruiting, hiring and promoting practices
74. a last resort in bargaining when the negotiation process stalls
75. a change in the application process, work environment, or job description that enables a person with a
disability to perform to essential functions of the job
76. a physiological or mental disorder
77. the most cooperative level of bargaining
78. the process whereby representatives of employees meet with representatives of management to
establish a written contract that sets forth working conditions for a specific time
79. a feeling of mutual understanding and trust
ESSAY
80. Diagram the typical employment process.
81. Discuss the controversy that exists concerning management versus employee rights.
82. List the most common screening methods used in the hiring process. Discuss why such methods are
used (how they help select appropriate candidates) and explain any restrictions that exist to the use of
screening methods or information sought during such a process.
83. Discuss the law surrounding employment. Be sure to identify the laws that have affected police hiring
and how they have affected the employment process. Do you believe such laws have been beneficial?
84. Discuss the advantages and disadvantages of police officers joining unions.