検証済みのSHRM-CP試験問題集PDF[2022年最新] 成功の秘訣はここにある
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質問 36
Hard bargaining is another name for which of the following types of collective bargaining?
- A. Integrative bargaining
- B. Coordinated bargaining
- C. Positional bargaining
- D. Principled bargaining
正解: C
解説:
Explanation: Positional bargaining is also known as hard bargaining (and sometimes as distributive bargaining). Integrative bargaining is a form or principled bargaining. Coordinated bargaining is not a recognized collective bargaining position.
質問 37
An athlete or entertainer would fall under which of the following classifications for a visa?
- A. H
- B. P
- C. R
- D. L
正解: B
解説:
Explanation: Athlete or entertainer visas fall under the "P" category (P1, P2, P3, and P4). The "R" category of visas is for those performing religious work (R1). The "H" category of visas is for temporary workers of all varieties (H1B, H1C, H2A, H2B, H3). The "L" category of workers is for those being transferred to a new position within the same company (L1A, L1B, L2).
質問 38
According to the LaborManagement Relations Act (LMRA) of 1947, if the President steps in during a labor strike, how long of a "coolingoff" period may he require, should the strike be deemed to have national consequences?
- A. 50 days
- B. 100 days
- C. 80 days
- D. 30 days
正解: C
解説:
Explanation: The President may require a coolingoff period for 80 days, if the strike is deemed to have national consequences. In other words, if the strike has the potential to result in serious consequences to national activities, the President may get involved and require the parties to come together and discuss the issue. The options for 30 days and 50 days are too low, and the option for 100 days is too high. (It should be noted that the President does not have to require the full 80 days, but the full 80 days is provided as an option.)
質問 39
Which of the following is not involved in the human resources professional's analysis of staffing needs?
- A. Review the results of past hiring decisions to increase the potential success of future decisions
- B. Create a list of necessary KSAs that will encourage company growth
- C. Develop a list of employees who might be ready for promotion
- D. Consider various hiring options for any open positions, as well as positions that will be open in the near future
- E. Review the economic situation to consider any changes to the company's hiring policy
正解: E
解説:
Explanation: While a consideration of the economic situation might be useful, it is not a part of the human resources professional's analysis of staffing needs. The other answer choices - creating a list of necessary KSAs that will encourage company growth, developing a list of employees who might be ready for promotion, considering hiring options for open positions, and reviewing the results of hiring decisions for future hiring - are all part of an analysis of staffing needs.
質問 40
Which of the following is NOT defined as a major life activity by the Americans with Disabilities Act?
- A. driving
- B. reading
- C. sleeping
- D. personal hygiene
正解: A
解説:
Explanation: The Americans with Disabilities Act does not count driving as a major life activity. According to the act, major life activities are personal care, manual tasks, seeing, hearing, eating, sleeping, breathing, learning, reading, concentrating, thinking, communicating, and working. However, a person may also be covered by the ADA when certain physical or mental impairments are present, including "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or ... any mental or psychological disorder, such as an intellectual disability ... organic brain syndrome, emotional or mental illness, and specific learning disabilities." (Code of Federal Regulations, 29CFR1630)
質問 41
Name one consequence of the Clayton Act of 1914.
- A. Employers could not always use injunctions to break strikes.
- B. Federal contractors must pay the going rate for workers.
- C. The Sherman Act was applied to unions.
- D. Workers retained the right to organize.
正解: A
解説:
Explanation: One consequence of the Clayton Act of 1914 was that employers could not use injunctions to break strikes. This act was intended to protect the free market from monopolies and exclusive business arrangements. This act was unique at the time because it made executives responsible for violations.
質問 42
How many complaints about an employer's potential violation of FLSA rules can cause the government to step in and perform an audit of the business?
- A. 0
- B. 1
- C. 2
- D. 3
正解: A
解説:
Explanation: It takes only one complaint about a potential FLSA violation for a government audit to occur. As a result, businesses are expected to take FLSA rules seriously, and the human resources professional must be very familiar with the rules to avoid even an unintentional violation. The other answer choices (2, 3, and 5) are all too high. By the time that many complaints arise, the audit will already be in progress or have been completed.
質問 43
ERISA mandates that employees who use grade vesting must be fully vested in a qualified plan
- A. within seven years.
- B. within four years.
- C. before being laid off.
- D. immediately.
正解: A
解説:
Explanation: ERISA (the Employee Retirement Income Security Act of 1974) mandates that employees who use graded vesting must be fully vested in a qualified plan within seven years. The original version of this act had looser vesting requirements. ERISA also asserts that employees who use cliff vesting must be fully vested in a qualified plan within five years.
質問 44
The Foreign Corrupt Practices Act (FCPA) was designed to do which of the following?
- A. Protect American workers who go to work overseas
- B. Maintain fair standards in American businesses that have locations abroad
- C. Prevent American businesses from bribing foreign governments
- D. Prevent illegal trafficking of merchandise
- E. Curtail extensive imports to bolster domestic manufacturing
正解: C
解説:
Explanation: The Foreign Corrupt Practices Act (FCPA) was created specifically to prevent American businesses from bribing foreign governments. This act has nothing to do with the illegal trafficking of merchandise (answer choice A) or changing the level of imports (answer choice B). And while the larger role of the act is to maintain fair standards, answer choice C is incorrect because it is not clear about the nature of these fair standards. And answer choice E is incorrect because the FCPA is not relevant to protecting American workers overseas but rather focuses on the relationship between American businesses and foreign governments.
質問 45
Which of the following acts requires workplaces to maintain an environment that is "free from recognized hazards that are causing or are likely to cause death or serious physical harm"?
- A. DrugFree Workplace Act
- B. SarbanesOxley Act
- C. Americans with Disabilities Act
- D. Occupational Safety and Health Act
- E. Fair Labor Standards Act
正解: D
解説:
Explanation: The piece of legislation to which the quote refers is the Occupational Safety and Health Act of 1970 (OSHA). The Americans with Disabilities Act (ADA) is focused specifically on providing rights for employees with disabilities in the workplace. The DrugFree Workplace Act is focused on the substance abuse policy for federal contractors. The SarbanesOxley Act is focused on the legal obligation that organizations have to record and report financial information. And the Fair Labor Standards Act refers to the legal requirements that companies have to provide a workplace environment that is fair to all employees.
質問 46
The Immigration Reform and Control Act (IRCA) of 1986 applies to businesses with minimum of how many employees?
- A. 0
- B. 1
- C. 2
- D. 3
正解: B
解説:
Explanation: The Immigration Reform and Control Act (IRCA) of 1986 applies to businesses with minimum of 4 employees. The other answer choices - 7, 10, and 12 - are too high. IRCA regulations apply to very small businesses.
質問 47
The DrugFree Workplace Act of 1988 applies to which of the following types of organizations?
- A. Academic organizations
- B. Government agencies
- C. Large corporations
- D. Federal contractors
- E. Local businesses governed under municipal laws
正解: D
解説:
Explanation: The DrugFree Workplace Act of 1988 applies specifically to federal contractors (specifically, the contractors that make at least $100,000). Answer choices A, C, D, and E are incorrect because they inaccurately reflect the types of organizations to which the DrugFree Workplace Act of 1988 refers. Specifically, answer choice A is incorrect because it is far too vague. A federal contractor might be a large corporation, but not all large corporations are going to be federal contractors. Answer choice C is incorrect because federal contractors might be funded through government agencies but are entirely different organizations. Answer choice D is incorrect because it simply makes no sense: all local businesses will, in some way, be governed under municipal laws. Answer choice E is also incorrect because academic organizations - like most business that are not federal contractors - are responsible for developing their own substance abuse policies for the workplace.
質問 48
Which of the following is not one of the seven recognized racial categories for EEO1?
- A. Native Hawaiian
- B. Alaska Native
- C. Asian
- D. European
正解: D
解説:
Explanation: The categories for EEO1 do not include an option for European. They do, however, include the categories Native Hawaiian, Alaska Native, and Asian.
質問 49
OSHA requires that organizations develop three types of plans that will ensure employee protection. Two of these types of plans include an injury and illness prevention plan and an emergency response plan. Which of the following represents the third type of plan?
- A. Clean air
- B. Environmental protection
- C. Drug prevention
- D. Terrorism response
- E. Fire prevention
正解: E
解説:
Explanation: The three primary types of plans that OSHA requires organizations to develop include an injury and illness prevention plan, an emergency response plan, and a fire prevention plan. Answer choice A is incorrect because OSHA does not require a drug prevention plan. Such a plan might fall under illness prevention, but ultimately a drug prevention plan is voluntary on the part of the organization. Answer choice C is incorrect because OSHA does not require an environmental protection plan. This too might fall under illness prevention, but it is not specified under OSHA's rules. Answer choice D is incorrect because OSHA does not require a clean air plan. Additionally, answer choice E is incorrect because OSHA does not require that organizations create a terrorism response plan.
質問 50
Which of the following is a common problem during the growth phase of the organizational life cycle?
- A. poor communication between management and employees
- B. slow response to market changes
- C. outsourcing
- D. excessive bureaucracy
正解: A
解説:
Explanation: Poor communication between management and employees is a common problem during the growth phase of the organizational life cycle. In this phase, the organization often adds new layers of management, and so employees who previously had unfettered access to their superiors may find it difficult to get immediate feedback. This can be alienating for veteran employees. Outsourcing is more typical of the initial phase of the lifecycle, when the organization has yet to create its own departments to handle operations. Excessive bureaucracy and the resulting inefficiencies are common in mature and declining organizations. Finally, an inability to respond quickly to market changes tends to beset an organization after it has stopped growing and entered its decline phase.
質問 51
Which element of worker's compensation common law prevented employees from being compensated when their injury was caused by a colleague?
- A. voluntary assumption of risk
- B. fellow servant rule
- C. good Samaritan law.
- D. doctrine of contributory negligence
正解: B
解説:
Explanation: The fellow servant rule prevented employees from being compensated when their injury was caused by a colleague. As the phrase suggests, this notion dates back to the time when workers were entirely uncompensated. In the past century, the legal system has begun to recognize that workers require more protection than is provided by relics of common law like the fellow servant rule.
質問 52
Which of the following employees would be most likely to receive oncall pay?
- A. Police officer
- B. Dermatologist
- C. Receptionist
- D. High school janitor with the keys to the school's generator
正解: D
解説:
Explanation: A high school janitor with the keys to the school generator would be most likely to receive oncall pay, compensation given to employees who must be available in case of emergency. Many doctors are on call, but they rarely receive special pay for this time, and dermatologists field few emergency requests. A receptionist would not need to be on call very often. A police officer is always on call, and does not receive special pay.
質問 53
Which of the following does not represent steps in Enterprise Risk Management (ERM)?
- A. Identify mitigation options for risks
- B. Identify those responsible for risks
- C. Make decisions about dealing with risks
- D. Reduce risks
- E. Identify risks
正解: B
解説:
Explanation: The steps for Enterprise Risk Management are focused primarily on identifying risk and pursuing means of managing and reducing risk. As a result, this includes answer choices A, C, D, and
E. The steps of Enterprise Risk Management do not, however, include identifying the employees who are responsible for the risk. This might be part of the larger process of understanding risk, but it does not fall under the primary steps of Enterprise Risk Management. Answer choice B is, therefore, correct.
質問 54
Yolanda is a human resources officer at an accounting firm. During tax season, Yolanda contracts with an agency that supplies temporary workers. These workers are paid by the temp agency rather than the accounting firm. What type of contract will Yolanda sign with the temp agency?
- A. thirdparty contract
- B. indirect contract
- C. resolvable contract
- D. temporary contract
正解: A
解説:
Explanation: Yolanda will sign a thirdparty contract with the temp agency. A thirdparty contract requires actions to be taken by a party other than the two signing the deal. In this case, the temporary workers are addressed in the contract even though they do not sign it.
質問 55
Any penalties for failing to comply with the DrugFree Workplace Act must fall in line with standards that were laid out in which piece of legislation?
- A. Davis Beacon Act
- B. Fair Labor Standards Act
- C. Service Contract Act
- D. Rehabilitation Act
正解: D
解説:
Explanation: Any penalties for failing to comply with the DrugFree Workplace Act (1988) must fall in line with standards that were laid out in the Rehabilitation Act, which was passed in 1973. The Davis Beacon Act of 1931 placed federal regulations on minimum wage. The Fair Labor Standards Act of 1938 also focused on compensation rights for workers. Similarly, the Service Contract Act of 1965 focused on compensation for federal contract workers.
質問 56
Which of the following end results represents a way that a human resources professional can measure how the HR department is bringing value to a company?
- A. A reduced number of lawsuits against a company
- B. The addition of new employees to the human resources department
- C. Increased expense within the human resources department
- D. A reduced level of outsourcing from a company
- E. An increased number of employee complaints indicating corporate problems
正解: A
解説:
Explanation: A reduced number of lawsuits against a company definitely indicates that the human resources department is bringing value to a company. Lawsuits often occur when serious policy mistakes are made. If policy mistakes are being reduced or eliminated, the company is moving in a positive direction. Answer choice B is incorrect because an increase in expenses within the human resources department indicates nothing more in the immediate sense than that the human resource department is spending more money. Whether or not that money is being put to good use is not explained sufficiently. Answer choice C makes no sense because an increase in employee complaints cannot indicate if any department - and definitely not the human resources department - is bringing value to the company. Similar to answer choice A, answer choice D does not show anything tangible in terms of value; an increase in employees within human resources only shows that more people are needed and not that better work is being done. And answer choice E has no real relevance to human resources. Outsourcing occurs for a variety of reasons that may or may not relate to the value that the human resources department brings to a company.
質問 57
How long after signing does an Executive Order become law?
- A. 30 days
- B. 45 days
- C. 15 days
- D. 60 days
正解: A
解説:
Explanation: Unless otherwise stipulated, an Executive Order becomes law after 30 days. The other answer choices are either too low (15 days) or too high (45 days and 60 days).
質問 58
Which of the following best describes adverse impact in the selection of employees for a company?
- A. Any noncompliance with the rules pertaining to the Uniform Guidelines on Employee Selection Process
- B. Willful discrimination against a specific group when selecting new employees
- C. The negative impact of failing to diversify the selection rate among employees
- D. A selection rate among a protected class of less than 80% the selection rate of the highest group
- E. A selection rate among a protected class of more than 95% the selection rate of the highest group
正解: D
解説:
Explanation: The phrase adverse impact or unintentional discrimination refers to the selection rate of a protected class being less than 80% of the selection rate of the highest group. In other words, if the selection rate of females is less than 80% the selection rate of males, there is an adverse impact on females by the hiring process. Answer choice A is the opposite of the correct definition of adverse impact, so it is incorrect. Answer choice B is close to the meaning of adverse impact - in a broad sense - but it is not specific enough to be correct. Answer choice C is also too broad, particularly because there is far more to the Uniform Guidelines on Employee Selection Process than just selection rate. And answer choice E is incorrect; while adverse impact might be interpreted as discrimination, it is not necessarily the direct result of discrimination.
質問 59
The extent to which the results of research can accurately identify a difference between trained and untrained employees is called
- A. marginal difference.
- B. statistical power.
- C. statistical significance.
- D. selectivity.
正解: B
解説:
Explanation: Statistical power is the extent to which research results accurately identify differences between trained and untrained employees. Of course, researchers want to design a method that will have the maximum statistical power. If the statistical power of the research is low, it is likely that a difference between the trained and untrained employees will pass unnoticed. It can be difficult to obtain powerful statistical results from research into employee training in large part because the methods of assessing performance are so subjective.
質問 60
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