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SHRM-CP Certification Exam Questions 2023 - Day 37
1. Which action during the termination process might violate an employee's due process?
A) Using alternative dispute resolution techniques
B) Seeking review by peers and managers
C) Failing to offer the employee an opportunity to explain
D) Not providing a warning Β in Β cases involving summary offenses
2. What type of alternative dispute resolution system would be most appropriate for a small and young enterprise?
A) Mediation
B) Single designated officer
C) Arbitration
D) Peer review
3. Which is considered a good practice for handling grievances?
A) Settle grievances on the basis of what is fair.
B) Trade a grievance settlement for a grievance withdrawal.
C) Hold grievance discussions privately with all parties.
D) Agree to informal amendments in the contract.
4. Which is a characteristic of alternative dispute resolution (ADR)?
A) Results in disciplinary action
B) Does not preclude litigation
C) Requires an external third party
D) Exclusive to union environments
5. Which action is an ombudsperson empowered to take after hearing both sides of a workplace dispute?
A) Referring the matter to further alternative dispute resolution (ADR)
B) Negotiating a mutually acceptable agreement on behalf of the employee
C) Referring the matter for litigation if facts support the finding
D) Imposing specific discipline on an employee if facts support the finding
6. Which step is necessary in conducting an effective investigation of employee complaints that may lead to discipline?
A) Providing a verbal report of the investigation results
B) Soliciting employee input on interview questions
C) Selecting a neutral external investigator
D) Providing protection against retaliation
7. HR is considering whether to recommend termination of an employee after investigating and confirming numerous complaints from other employees about unlawful behavior. Which additional steps should the HR manager consider before making the termination recommendation?
A) Developing justification of the need to respond to this allegation
B) Validating the employment at-will exceptions with external legal counsel
C) Reviewing the history of similar discipline situations
D) Attempting to correct the employee's behavior
8. A technician in a diagnostic lab has filed a complaint with HR accusing a supervisor of selectively enforcing policies. Which action would constitute workplace retaliation?
A) The supervisor reassigns the technician from bench work to physically difficult duties.
B) The technician is required to attend a dispute resolution meeting with the supervisor.
C) The supervisor conducts a previously scheduled performance review.
D) The technician physically attacks the supervisor and is discharged.
9. Which best demonstrates due process in disciplining an employee for a dischargeable offense?
A) Ensuring that the employee is afforded an opportunity to present a defense
B) Including a union representative in all meetings
C) Reviewing discipline cases for dischargeable offenses that are legally justified
D) Incorporating peer review in the progressive disciplinary system
10. What is a distinguishing characteristic of peer review dispute resolution programs?
A) Employee's ability to select panel members
B) Power to change organizational policies
C) Use of trained employee panels
D) Use of third-party negotiators
A) Using alternative dispute resolution techniques
B) Seeking review by peers and managers
C) Failing to offer the employee an opportunity to explain
D) Not providing a warning Β in Β cases involving summary offenses
2. What type of alternative dispute resolution system would be most appropriate for a small and young enterprise?
A) Mediation
B) Single designated officer
C) Arbitration
D) Peer review
3. Which is considered a good practice for handling grievances?
A) Settle grievances on the basis of what is fair.
B) Trade a grievance settlement for a grievance withdrawal.
C) Hold grievance discussions privately with all parties.
D) Agree to informal amendments in the contract.
4. Which is a characteristic of alternative dispute resolution (ADR)?
A) Results in disciplinary action
B) Does not preclude litigation
C) Requires an external third party
D) Exclusive to union environments
5. Which action is an ombudsperson empowered to take after hearing both sides of a workplace dispute?
A) Referring the matter to further alternative dispute resolution (ADR)
B) Negotiating a mutually acceptable agreement on behalf of the employee
C) Referring the matter for litigation if facts support the finding
D) Imposing specific discipline on an employee if facts support the finding
6. Which step is necessary in conducting an effective investigation of employee complaints that may lead to discipline?
A) Providing a verbal report of the investigation results
B) Soliciting employee input on interview questions
C) Selecting a neutral external investigator
D) Providing protection against retaliation
7. HR is considering whether to recommend termination of an employee after investigating and confirming numerous complaints from other employees about unlawful behavior. Which additional steps should the HR manager consider before making the termination recommendation?
A) Developing justification of the need to respond to this allegation
B) Validating the employment at-will exceptions with external legal counsel
C) Reviewing the history of similar discipline situations
D) Attempting to correct the employee's behavior
8. A technician in a diagnostic lab has filed a complaint with HR accusing a supervisor of selectively enforcing policies. Which action would constitute workplace retaliation?
A) The supervisor reassigns the technician from bench work to physically difficult duties.
B) The technician is required to attend a dispute resolution meeting with the supervisor.
C) The supervisor conducts a previously scheduled performance review.
D) The technician physically attacks the supervisor and is discharged.
9. Which best demonstrates due process in disciplining an employee for a dischargeable offense?
A) Ensuring that the employee is afforded an opportunity to present a defense
B) Including a union representative in all meetings
C) Reviewing discipline cases for dischargeable offenses that are legally justified
D) Incorporating peer review in the progressive disciplinary system
10. What is a distinguishing characteristic of peer review dispute resolution programs?
A) Employee's ability to select panel members
B) Power to change organizational policies
C) Use of trained employee panels
D) Use of third-party negotiators
1. Right Answer: C
Explanation: Employees may claim violation of due process if they are not allowed a chance to question evidence and defend themselves.
2. Right Answer: B
Explanation: A single designated ADR officer can investigate and resolve disputes. When management is committed to fairness, it should have sufficient credibility with its employees to select and empower this individual. Arbitration and mediation both save internal labor and time but involve additional expense; the objectivity of binding arbitration is sometimes questioned if the employer selects the arbitration service. Peer review would necessitate releasing panel participants from their regular duties for training and to investigate and resolve complaints.
3. Right Answer: C
Explanation: Ensuring the confidentiality of grievance discussions is in the best interest of all parties involved.
4. Right Answer: B
Explanation: ADR does not prevent disputes from leading to litigation or arbitration, but it can result in fewer cases going to trial. It is generally used in union-free organizations.
5. Right Answer: A
Explanation: An ombudsperson is a neutral party with limited powers; he or she cannot negotiate for one party. The ombudsperson can investigate the dispute, establish facts, and refer the matter, along with the evidence, to management or to other forms of ADR. The ombudsperson cannot impose a decision or refer the matter for outside litigation.
6. Right Answer: D
Explanation: Providing protection against retaliation is a necessary step in an investigation for ethical and risk management reasons
7. Right Answer: C
Explanation: HR should confirm the consistency with which the organization has responded to this type of problem in the past. The action could be discriminatory if the response is inconsistent with previous similar situations.
8. Right Answer: A
Explanation: Workplace retaliation occurs when an employer, an employer's agent, or a labor union commits an action that is harmful to an employee, usually after the employee has made a complaint but perhaps because an employee has given evidence to support a complaint. In this case, reassigning the employee to less desirable Β duties could be considered retaliation.
9. Right Answer: A
Explanation: Due process is a principle that ensures that employees are informed of expectations and the consequences of failure to meet those expectations, are treated fairly and factually, and are allowed an opportunity to defend themselves and appeal the decision.
10. Right Answer: C
Explanation: Peer review panels are trained panels of employees (or employees and managers) that hear and resolve employee complaints.
Explanation: Employees may claim violation of due process if they are not allowed a chance to question evidence and defend themselves.
2. Right Answer: B
Explanation: A single designated ADR officer can investigate and resolve disputes. When management is committed to fairness, it should have sufficient credibility with its employees to select and empower this individual. Arbitration and mediation both save internal labor and time but involve additional expense; the objectivity of binding arbitration is sometimes questioned if the employer selects the arbitration service. Peer review would necessitate releasing panel participants from their regular duties for training and to investigate and resolve complaints.
3. Right Answer: C
Explanation: Ensuring the confidentiality of grievance discussions is in the best interest of all parties involved.
4. Right Answer: B
Explanation: ADR does not prevent disputes from leading to litigation or arbitration, but it can result in fewer cases going to trial. It is generally used in union-free organizations.
5. Right Answer: A
Explanation: An ombudsperson is a neutral party with limited powers; he or she cannot negotiate for one party. The ombudsperson can investigate the dispute, establish facts, and refer the matter, along with the evidence, to management or to other forms of ADR. The ombudsperson cannot impose a decision or refer the matter for outside litigation.
6. Right Answer: D
Explanation: Providing protection against retaliation is a necessary step in an investigation for ethical and risk management reasons
7. Right Answer: C
Explanation: HR should confirm the consistency with which the organization has responded to this type of problem in the past. The action could be discriminatory if the response is inconsistent with previous similar situations.
8. Right Answer: A
Explanation: Workplace retaliation occurs when an employer, an employer's agent, or a labor union commits an action that is harmful to an employee, usually after the employee has made a complaint but perhaps because an employee has given evidence to support a complaint. In this case, reassigning the employee to less desirable Β duties could be considered retaliation.
9. Right Answer: A
Explanation: Due process is a principle that ensures that employees are informed of expectations and the consequences of failure to meet those expectations, are treated fairly and factually, and are allowed an opportunity to defend themselves and appeal the decision.
10. Right Answer: C
Explanation: Peer review panels are trained panels of employees (or employees and managers) that hear and resolve employee complaints.
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