Thursday, May 14, 2020
Analysis Of Langston Hughes s Hip Hop - 878 Words
Langston Hughes and Mos Def are writers of different epochs but still have a lot in common; the black experience. Langston Hughes wrote poetry from a 1920ââ¬â¢s era point of view. Mos Def wrote ââ¬Å"Hip Hopâ⬠that portrays what is happening now in the black culture. Although from different times, both writers still had to deal with the issues of being black in America. Writers that wrote poetry during the Harlem Renaissance wanted to be treated equally and fairly. They also wanted to show the world that they were educated and want to be taken seriously. Mos Def song ââ¬Å"Hip Hopâ⬠looks at how hip hop has effected the African American society as a whole. Mos Defââ¬â¢s ââ¬Å"Hip Hopâ⬠looks at the road blacks has taken to where blacks are today. ââ¬Å"We went from picking cotton, to chain-gang line chopping to be-bopping, to hip-hoppingâ⬠(Def 585), Mos Def is describing the progress blacks has made since the Harlem Renaissance. The writers from the Ha rlem Renaissance was looking for the dream, Mos Def response to Harlem Renaissance is that blacks are living the dream. There are many flaws but there has been some progression since the earlier times of the Harlem Renaissance. Langston Hughes poem ââ¬Å"I, Tooâ⬠was written during a time when segregation was in affect, blacks was not allowed to have a voice. ââ¬Å"I, Tooâ⬠spoke volumes to the people of the Harlem Renaissance, it showed that blacks would rise and would become part of the American dream instead of facing ongoing segregation. African Americans would
Wednesday, May 6, 2020
Civil Money Penalty For Hipaa Privacy Rule Violations Essay
Case: Civil Money Penalty HHS Imposes a $4.3 Million Civil Money Penalty for HIPAA Privacy Rule Violations Summary of the case (introduction) Upon hearing the case on several violated privacy rules of HIPAA Act of 1996 by Cignet Health of Prince Georgeââ¬â¢s County, MD (Cignet), the HHS Office for Civil Rights (OCR) found the accused guilty of breach of privacy. A civil money penalty (CMP) of $4.3 million was imposed on the company due to the violations identified by the Office of Civil Rights. This civil money penalty was the first one to be issued on any entity by the Department for violations of the HIPAA Privacy Rule. The amount of penalty imposed was determined by violation category and may increase if authorized by the HITECH Act section 13410(d). Cignet did not request a hearing when notified on the civil money penalty and therefore, its right to appeal against the imposed penalty is no longer viable. Health information portability and accountability act works to protect health providerââ¬â¢s clients from extortion or lack of privacy concerning their health. It is made up of five different major components and covers three entities which are health plans, health care clearinghouses and health care providers. Cignet violated several of the HIPAA Act of 1996 rules which are: 1. Failure to Provide Access (45 C.F.R. à § 164.524). Cignet failed to provide the 41 individuals listed in attachment A the copies of their protected medical records maintained by cignet. When Cignet wasShow MoreRelatedHealth Insurance Portability and Accountability Act (HIPAA) Privacy Rule Violations 1239 Words à |à 5 Pagesfriend tells him to contact his medical malpractice insurance carrier. Has there been a HIPAA violation? Is Dr. Williams subject to criminal prosecution and what penalties could he face? Understanding HIPAA regulations, federal and state laws and violations, then applying them to Dr. Williamsââ¬â¢ case provides the answers. The Health Insurance Portability and Accountability Act of 1996 Enactment of HIPAA guaranteed health insurance coverage portability and directing the Department of Health andRead MoreHipaa Violations Within The United States1166 Words à |à 5 PagesDuring this research, there has been a collection of data that had been connected to the instances of HIPAA violations within the United States. There are various cases that have been reported through patients and employees where very personal medical information has been exposed unlawfully for personal gain. These cases have not only put a company at reputational risk. But these cases can also place a patient and or healthcare company in a terrible financial stipulation. This thesis will includeRead MoreHIPPA Violations Essay1174 Words à |à 5 Pagesthat can be prevented. When confidential patient information is disclosed without consent it is a violation of the HIPAA Title II Security Rule. This rule was enacted in response to private information being leaked to the news and emails containing privileged information were read by unauthorized people. Identity theft is a real concern so patient privacy should be taken seriously. This is a rule can easily be broken without the offender feeling any malice towards the victim for example gossip andRead MoreHipaa Article Review And Evaluation1331 Words à |à 6 Pages HIPAA Article Review and Evaluation Ashlie McWee HCM 515: Health Law and Ethics Colorado State University-Global Campus Dr. Trellany Thomas-Evans February 28, 2016 HIPAA Article Review and Evaluation Healthcare technology has grown and evolved over time. With the conversion to electronic medical records and the creation of social media just to name a few, ensuring patient privacy is of the utmost importance for healthcare facilities in this day and age. In order for an organizationRead MoreThe Protection Of Personalized Data1963 Words à |à 8 Pagesfederal laws such as the Health Insurance Portability and Accountability Act as well as the passage of a variety of state legislation related to privacy breaches has changed the way in which firms deal with these issues, (Gatzlaff McCullough, 2012). During this research, there was a collection of data that connected to the instances of HIPAA violations within the United States. There are various cases that have been reported through patients and employees where very personal medical informationRead MoreAdministrative Ethics - Paper1008 Words à |à 5 PagesProtecting the privacy of patientââ¬â¢s health information is a main conc ern among health care providers today. The Health Insurance Portability and Accountability Act of 1996 known as HIPAA was approved by law to safeguard not only patients but also health care workers. However, sometimes people tend to violate these laws unintentionally or sometimes intentionally. According to an article from the Department of Health and Human Service website (2011), HHS imposes a $4.3 million civil money penalty for violatingRead MoreHipa A Critical Issue1800 Words à |à 8 PagesHIPAA ââ¬â A Critical Issue Most people have a basic understanding about HIPAA and what it entails, but for future healthcare leaders, it is a critical issue. The goals behind the HIPAA privacy rules are very beneficial for keeping individualââ¬â¢s health information private, but it does place a heavy burden on organizations to ensure the information remains protected. Healthcare leaders have always had to adapt to change, but it is becoming increasingly necessary to have leaders that can adapt quickerRead MoreLaw And Ethics Of Medicine1860 Words à |à 8 PagesNancy J Long 823 S. George St, Front York, PA 17403 ID# 22421209 Law and Ethics in Medicine HIT 105 Research project number: 40936500 1) Does HIPAA affect a patientââ¬â¢s right to access his/her medical records or determine who can see the information? If so, describe the patientââ¬â¢s right. What can a patient do if he/she believes the rights are being denied? According to the U.S. Department of Health and Human Services many consumers want to engage in a more active role with regards to their healthRead MorePatient Rights And The Hipaa Privacy Rule1978 Words à |à 8 PagesNancy J. Long 823 S. George St, Front York, PA 17403 ID# 22421209 Law and Ethics for Medical Careers HIT 105 Research project number: 40936500 Patient Rights and the HIPAA Privacy Rule According to the U.S. Department of Health and Human Services many consumers want to engage in a more active role concerning their health care, therefore, it is important to know what rights you have in obtaining and protecting (called the right to access) your personal health information (Department of SecretaryRead MoreThe Impact Of Information Technology On Our Nation s Security3210 Words à |à 13 PagesAccountability Act of 1996 (HIPAA), Health Information Technology for Economic and Clinical Health (HITECH) Act, and Childrenââ¬â¢s Online Privacy Protection Act (COPPA). The purpose of this paper is show how important security of information technology in todayââ¬â¢s world by first taking a look at each individual law, what aspects they cover, and various aspects of maintaining compliance. The next section will discuss the two cases, which willfurther show the effects and the penalties that may be implemented
Tuesday, May 5, 2020
Topics in Labor Relations free essay sample
According to our text book, Labor Relations: Striking a Balance, increased focus on quality and greater competitiveness caused changes in business that have shaped collective bargaining in three ways. First, collective bargaining has experimented with less detailed, shorter work guidelines or contracts. This is an attempt to increase flexibility and efficiency that was stifled by large, multi-volume, detailed guides/contracts. Second, mutual gains of integrative bargaining have been embraced to enhance cooperation and joint problem solving instead of competition and conflict. Finally, collective bargaining has become more focused on continuous communication to foster flexibility and on-going productive and cooperative relationships. This goal was not well served by the traditional process of re-negotiating contracts on a 3 year basis (Budd, 2010, p. 13-14). It was interesting to learn that the current legal framework for private sector collective bargaining dates back to 1935, which was actually during the great depression. This was followed by WWII which brought about an era of mass manufacturing and was marked by a significant difference between blue and white collar workers. Today in the US, mass manufacturing has declined as flexible production methods, the rise of knowledgeable workers and intense global competition has increased (Budd, 2010, p. 14). The unions and collective bargaining processes in place after WWII, during the era of mass manufacturing, were born from the need to establish safe working conditions, fair wages, and employee benefits. These unions also earned a bad reputation and caused rifts between employers and employees. Todayââ¬â¢s employers see the benefit of employeeââ¬â¢s involvement and want to take care of their employees. Employees want to contribute and feel like they make a difference. This has led to improved working conditions, compensation and a decline in the perceived need for collective bargaining and unions. The truth is that many different things can affect collective bargaining. In Wisconsin the 2010 elections placed elected officials in power that did not support collective bargaining. In fact they took actions to take collective bargaining rights away from public employees sighting the reduced spending would help state budget problems. According to the Collective Bargaining Fact Sheet found online at collectivebargaining. com, similar issues came up in at least twelve other states. In response, there have been protests and recall elections. (Collective bargaining fact, 2010) An example of collective bargaining can be found in the case of Marylandââ¬â¢s Wicomico County Sheriffââ¬â¢s Deputies. After a five year struggle for reform with little progress, the deputies became part of the Fraternal Order of Police (FOP), Lodge #111, an organization that represents law enforcement officers throughout the country. A series of cordial negotiations between the FOP and county officials took place and resulted in an agreement on some 28 items which included wages, pensions, clothing allowance and a no strike clause (Wicomico County Maryland, 2011). Since police officers play a key role in protecting the public and ensuring safety, they are prohibited from striking. This is the case for the majority of government employees in the United States (Budd, 2010, p. 266). The most significant and widespread law affecting labor relations in the private sector is the National Labor Relations Act of 1935. This law is also known as the Wagner Act, named for Senator Robert F. Wagner, the man who championed it. In a nutshell this law protects employeesââ¬â¢ rights to form and participate in labor unions. The book, Labor Relations: Striking a Balance identifies the central provisions of the Act. These provisions include the establishment of the National Labor Relations Board (NLRB) which answers representation questions and settles unfair labor practice claims. The act gives workers the right to form unions and bargain collectively. It identifies five unfair labor practices and ââ¬Å"establishes exclusive representation for unions that have majority support and grants them rights of collective bargaining over wages, hours of employment and other conditions of employmentâ⬠(Budd, 2010, pp. 119-121). The law also made it illegal for companies to fire employees for forming or joining unions and prohibited company managed unions. A news release on the NLRB website demonstrates a real life example of a potential violation of the NLRA. The news release describes how well known aircraft manufacturer, the Boeing Company has decided to establish a second non-union production line for its 787 Dreamliner airplanes. This normally wouldnââ¬â¢t be an issue but the companyââ¬â¢s main production line is in a union facility. Boeing stated that the reason they decided to use the non-union plant was because of previous strikes and the possibility of more strikes occurring in the future. The union for Boeingââ¬â¢s employees filed a complaint which the NLRB investigated. The investigation revealed a violation of the NLRA likely occurred because Boeing management had made intimidating comments to workers regarding past strikes which, in conjunction with setting up a second production line in a non-union facility, could be interpreted as retaliation for the strikes and an attempt to discourage future strikes (National labor Relations Board; Office of Public Affairs, 2012). Since it is legal for private sector strikes, it is wrong for the company to discriminate against the unionized workers by giving work to a non-union plant. If the company doesnââ¬â¢t stop the move to a second production line they will face a hearing before an NLRB judge. In the ten years following establishment of the NLRA, unions grew strong and many where led by corrupt bosses. This was because the NLRA focused on employerââ¬â¢s acceptance of unions and collective bargaining. It gave no direction or guidance for union behavior. To many it seemed like the NLRA had given unions the upper hand. The Taft-Hartley Act was passes in 1947 to amend the NLRA and balance fairness between unions and employers. It included restrictions on union actions, enhanced rights of individuals and employers, and new dispute resolution procedures (Budd, 2010, p. 127-129). In addition, the Taft-Hartley Act prohibits employers from giving money or other items of value to union officials. Likewise, it is a crime for union officials to accept or demand these items from employers. In the 1950s, International Longshoremanââ¬â¢s Association President Joseph Ryan was found guilty of taking an annual monetary stipend from an employer (Jacobs, 2006, p. 117). Another example of a violation of this portion of the act is found n the Federal bureau of Investigation website. According to a press release, brothers Nick and Paul Maddalone were in cahoots with an organized crime family which placed them in multiple positions of power within Local 1181 of the Amalgamated Transit Workers Union (Local 1181). Local 1181 represents transit workers who provide school bus services to New York City. Apparently the brothers got compensated for making union decisions, influencing union activities and turning a blind eye to contract violations which benefitted the crime family (Federal Bureau of Investigation, 2009). The NLRA and the Taft-Hartley Act each came and answered issues relevant at the time they were established. Before the NLRA, employees were at a disadvantage. Many worked in dismal conditions, received low wages and did not have a voice. The NLRA drove changes to improve things for employees but eventually swayed the balance of power in favor of unions. The Taft-Hartley Act was established to give guidance for union activities and re-balance the employer-employee relationship. Still, more adjustments to the system were needed as more information surfaced about labor movement corruption. Similar to the Local 1181 incident discussed above, more instances of mafia infiltration and corrupt union leaders were coming to light. So in 1959, the Landrum-Griffin Act was passed to stop the corruption and promote democracy within unions. The Landrum-Griffin Act focused on internal union affairs and created a bill of rights that guaranteed the right of equal participation. It also made it mandatory for unions to adopt by laws and established mandatory reporting which included giving names, titles and salaries of union officers to the Department of Labor. Reportable items also include loans made to union officers, amount of fees and dues, procedure for auditing financial records, trusteeships, and the amount of loans given to union officials. The act establishes provisions for conducting union elections, safeguards for labor organizations and items that must be reported to employers (Budd, 2010, p. 132-134). In short, the Act deterred corruption by making it easier to identify and by establishing rules that prevented it. An article in the Los Angeles Times, describes a violation of the Landrum-Griffin Act. When Sheet Metal Workers International suggested a dues increase to relieve their financial problems, elected business agent of Local 75, Edward Lynn, was against it. He felt that the best solution was to decrease local elected officialsââ¬â¢ pay because it was higher than other local unionsââ¬â¢ pay. When the proposal to increase dues was voted against at the local union, a representative from Sheet Metal Workers International fired Mr. Lynn because he had been outspoken about his opposition to the increase. Eventually, the Supreme Court ruled that it was a violation of the Landrum-Griffin Act to fire an elected official for opposing a dues increase (Weinstein, 1989). Just as the NLRA and Taft-Hartley Acts made much needed changes to labor relations, so did the Landrum-Griffin Act. I believe the rules and checks and balances this law places on unions holds them accountable for their actions and protects individual union members from unfair treatment within the internal workings of unions. The first major issue or subject that is a component of the collective bargaining process is compensation. This area may include the terms of profit sharing, wages, vacation and holidays as well as shift premiums. The second subject area is personnel policies and procedures which are comprised of details on layoff, promotion and transfer policies. This subject also includes guidelines for overtime and vacation rules. The next major subject is employee rights and responsibilities which cover seniority rights, workplace rules and job standards. The fourth subject is employer rights and responsibilities which includes management rights, just cause discipline and discharge, subcontracting and safety standards. The next subject is Union rights and responsibilities. This includes recognition as a bargaining agent, bulletin board, union security, dues checkoff, shop stewards and no strike clauses. Finally the last potential component in collective bargaining is dispute resolution and ongoing decision making. Grievance procedure, committees, consultation and renegotiation procedures are all part of this topic (Budd, 2010, p. 13). All of the subject areas given above are terms and conditions of employment that a collective bargaining unit or team may discuss and come to an agreement about. The NLRB has separated bargaining items into three separate categories; mandatory, permissive and illegal. Mandatory items that must be addressed by the collective bargaining unit include wages, bonus plans, health insurance payments, pension contributions, work schedules, vacations, and seniority provisions, just cause disciplinary provisions, grievance arbitration, food prices in the company cafeteria, lie detector and drug tests, subcontracting, and effects of plant closings. The permissive category includes all items that are not in the mandatory category and are not illegal. Some examples of permissive items are union representation on the board of directors, drug and alcohol screening for applicants, benefits for retirees, interest arbitration, bargaining unit expansion, contract ratification procedures, and plant closing. The illegal category includes everything that is illegal to include bargaining over closed shop provisions, policies that involve racial discrimination, and wages below minimum rate (Budd, 2010, pp. 240). In the United States, once these items are decided on, they are written into a contract. This makes the agreement legally binding and gives a record of what was agreed upon. There is an interesting article at the Major League Baseball (MLB). com website which outlined the details of the collective bargaining agreement between MLB and the MLB players association. It was interesting to see how sports related issues fit into the collective bargaining subject areas addressed above. The compensation piece was pretty standard. It covered minimum major and minor league salary increases over the period of the contract as well as terms of revenue sharing. Employee responsibilities were addressed in participation rules. Specifically, players selected must play in the all-star game. Finally, employer responsibilities included safety measures which mandated use of head gear and prohibited the use of low density maple bats (DiComo, 2011). Las Angeles based news station KTLA reported on the collective bargaining agreement between grocery store owners and approximately 62,000 employees who work in three of south Californiaââ¬â¢s largest supermarket chains. The agreement was reached after 8 months of talks and threats of strikes that threatened to close down two of the chains. The sticking point in the agreement was the ownersââ¬â¢ failure to provide a comprehensive outline of proposed compensation and employee rights/responsibility items. Finally, the bargaining unit reached an agreement on healthcare, pensions, wages, all compensations, and work place rules, a component of employee rights and responsibilities (Yost, C. , 2011). Both articles summarized above give examples of compensation and employee right and responsibility components in collective bargaining agreements. This indicates, not surprisingly, that these two components are very important and common in agreements. In fact the specific details of these components are all mandatory bargaining items. The first step in establishing a union in the workplace is to initiate an organization drive. This can be done by employees or the union but it is illegal for an employer. Most of the time employees will initiate the drive, by contacting a union representative, because they have a vested interest in making the work environment and conditions of employment better. Unions initiate drives to increase membership and their ability to represent existing employees. An example of this is when United Auto Workers attempt to unionize Hondaââ¬â¢s nonunion plants in the United States to increase or maintain their bargaining power in the industry (Budd, 2010, p. 188). Unions may also initiate opportunistic drives to convert dissatisfied employees that do not fit into the existing membership. An article about union organizing drives describes many techniques already covered in this assignment and some that I was not aware of. For example, union representatives may recruit a group of employees in the company. These individuals spread the word about the union and attempt to get enough support to gain a majority vote in favor of unionization. In addition, I found it surprising that some unions will actual send a representative to seek employment in the company. When hired, that person spreads the word about the union to get support (Hunter, 1999). The second step in the process is to build support for unionization by informing employees what the union can do for them. During this step organizers distribute and collect signed authorization cards which give an indication of the majoritiesââ¬â¢ wishes. The third step is based on the number of authorization cards. If over 50% of employees signed the cards, organizers request voluntary recognition from the employer. It is within the employerââ¬â¢s right to refuse voluntary recognition (Budd, 2010, pp. 191). If this happens or if only 30% to 50% of employees signed cards, organizers must file an election petition with the NLRB (Budd, 2010, pp. 193). Another alternative to voluntary recognition or filing an election petition is to conduct a recognition strike. In the past recognition strikes were conducted to force a company to take notice of the union. These strikes resulted in bloodshed and many lost lives. Despite labor laws that govern recognition and certification of unions, recognition strikes are still legal but rarely used (Budd, 2010, pp. 191). When the NLRB receives the petition for election they use the definition of relevant jobs proposed by the petitioner to determine the appropriateness of the unit. This means that the unit proposed to represent the employees should be the employer unit, craft unit, plant unit or some other unit that is in the same community of interest as the workers (Budd, 2010, pp. 93-194). This process is the fourth step. The fifth step is the election. To carry out the election, representatives from the NLRB come to the work site and administer secret ballots. They carefully monitor the process and count the ballots to determine if the majority of employees want union representation (Budd, 2010, pp. 197) The NLRA of 1935 identified employer unfair labor practices to clarify illegal employer action s and make organizing and bargaining more effective (Budd, 2010, p. 123). The first unfair labor practice is found in section 8(a) (1) and is described as interference, restraint, or coercion that undermines section 7 of the act. Employers commit an unfair labor practice under this rule if they circulate an antiunion petition, conduct unnecessary surveillance of the union, threaten employees with job loss or demotion for supporting a union, give employees special benefits if they denounce the union, question employees about their feelings or involvement in the union, and prevent employees from talking about the union or wearing union patches or pins that do not interfere with working (Budd, 2010, pp. 23). Section 8 (a) (2) is described as domination of labor organization. It prohibits the employer from starting a union, providing monetary support to a union, creating a plan to represent nonunion employees, and creating a labor-management committee (Budd, 2010, pp. 123). The purpose of this rule is to prevent employers from influencing or determining employ ee representation. This rule also safeguards employees against sham company unions, set up in an attempt to minimally comply with labor laws (Budd, 2010, pp. 116). Section 8 (a) (3) prohibits discrimination to encourage or discourage union membership. It includes firing union supporters, transferring union supporters to a worse job or union opponents to better jobs, refusing to hire someone because of past union involvement, and closing part of the company for antiunion reasons (Budd, 2010, pp. 123). In short, this law protects employees and potential employees from being treated unfairly because of their association and involvement with a labor union. Two violations of labor practices are identified in NLRB vs. Gissel Packing Company. In this case, Amalgamated Meat Cutters and Butcher Workmen of North America initiated an organization drive for Gissel employees which resulted in a majority vote via authorization cards in support of unionization. As was their right, Gissel refused to voluntarily recognize the union and began an antiunion campaign which was against the law. Specifically Giselle violated section 8 (a) (1) by coercing employees and section 8 (a) (3) for firing two employees because of their association with the union (United States Supreme Court, 1969). These actions are clearly an attempt to discourage organized labor at the packing company. ââ¬Å"Consequently, the Board ordered the companies to cease and desist from their unfair labor practices, to offer reinstatement and back pay to the employees who had been discriminatorily discharged, to bargain with the Unions on request, and to post the appropriate noticesâ⬠(United States Supreme Court, 1969). . The Gissel case also identified that extreme coercion of employees could result in a failed representation election. This was determined when the Supreme Court considered three similar cases in conjunction with NLRB vs. Gissel Packing Company. In two of the instances recognition elections were held and failed after a majority return of authorization cards (United States Supreme Court, 1969). The companiesââ¬â¢ threats and antiunion campaigns were thought to have influenced the employeesââ¬â¢ votes. Because of this case, the Gissel Bargaining Order was established. This provision allows the NLRB to issue an order requiring an employer to recognize and bargain with a union without the election results that are normally required. This is only done in rare cases when ââ¬Å"the NLRB believes that the union had majority support but extreme employer misconduct has eroded this support and has also been so pernicious as to make an election pointlessâ⬠(Budd, 2010, pp. 218). A real life example of a violation of section 8(a) (2) can be found in the NLRB decision against Kesser Brass Company. In this case the vice president (VP) of the company reformed an employee-manned grievance committee, determined the number of personnel who would sit on the committee, compensated members for serving on the committee, established guidelines for elections and operations, and determined the committeeââ¬â¢s meeting time and place. In addition management influenced the decision of the committee regarding two discharge grievances. In both cases, the committeeââ¬â¢s original recommendation was to reinstate the employees. However after management provided further evidence and recommended against reinstatement the employees were not re-hired. For these reasons the NLRB found the company guilty of unlawful domination of a lobar organization and directed it to dissolve the committee. When you read the boardââ¬â¢s rationale for their decision, it seems the VP of Kesser may not have intentionally violated this rule but itââ¬â¢s clear that he did. The cases summarized above give good examples and justification for having laws that protect employees from unfair labor practices. Arbitration is a dispute resolution process that involves an impartial third party who determines a binding resolution to a dispute between two parties. In regards to labor disputes, an arbitrator is usually someone who has extensive knowledge of labor relations gained through years of experience. Most arbitrators are self-employed fulltime workers or part time workers who have second jobs. Many started off as lawyers or university professors (Budd, 2010, pp. 286). It is very important that arbitrators can be fair and impartial to avoid conflicts of interest and maintain ethical standards. The two types of cases that are heard by labor relations Arbitrators are interest and grievance arbitration cases. In interest cases, disputes involving terms and conditions of employment are resolved and usually result in changes to the contract. In fact, the arbitrators for these cases are usually contract writers (Budd, 2010, pp. 288). In grievance disputes, the arbitrator considers the rights of the parties involved. This involves being able to interpret the terms of the contract to determine disposition of cases (Budd, 2010, pp. 317). In both interest and grievance arbitration the finding is binding and must be adhered to. In response to alleged promotion corruption within a Boston Massachusetts probation department, a state judge ruled in favor of the National Association of Government Employees union and ordered a review of 11 promotions within the department that were thought to be politically influenced. The promotions will be examined by an arbitrator who will determine if the promotions were given to the most qualified and deserving employees (Smith, 2012). Whatever resolution the arbitrator decides will be binding. The article was very interesting. Normally arbitrators are used as a last resort, after other attempts have been made to resolve the issue. They are selected by management or labor representatives but in this case the arbitrator was selected by the court. A collective bargaining agreement contains terms and conditions of employment to include compensation, employee and employer rights and responsibilities, personnel policies and procedures, union rights and responsibilities, and dispute resolution and ongoing decision making terms. Some of these items are considered mandatory while others are optional. When all items under consideration have been decided upon, they are included in a labor contract. This contract becomes the tool by which the collect bargaining agreement is administered. Since contracts can be ambiguous and difficult to interpret, conflicts over application, interpretation, and enforcement often occur. Contract administration is carried out by ââ¬Å"interpreting, applying and resolving conflicts regarding collective bargaining agreementsâ⬠(Budd, 2010, pp. 302, 313). The process for doing this is through grievance procedures that are written into the contract. Normally the contract will include a step-by-step process for addressing grievances. The process may vary from contract to contract but typically the first step in the process is for the employee to discuss his/her problem with a supervisor. The second step involves a representative from the union and management attempting to resolve the grievance. Step three is pretty much the same as step two except that it involves higher level representatives. If the issue is solved at any step in the process the matter is closed and does not progress to the next step. After step three, if not resolved, the grievance is sent to arbitration. There is a grievance web page for the American Association of University Professors and American Federation of Teachers Local 6075. This is the union that represents faculty at Wayne State University. It identified what constitutes a grievance per the labor contract as ââ¬Å"a complaint, claim, or dispute arising under and during the term of this Agreement. Grievances are limited to matters of interpretation or application of express provisions of this Agreement except those provisions that are specifically excluded from the grievance procedureâ⬠(Grievance procedures, 2009). The web page also included the contractââ¬â¢s steps for grievance resolution. These steps were very similar to those identified above except in step two the complaint was formal and written. Also during this step the employees have the right to union or personal council (Grievance procedures, 2009). One of the best parts of labor contracts are the procedures given to resolve grievances. This makes it clear to management and employees alike what actions should be taken to resolve issues. The decertification process is very similar to the certification process. It involves collecting signature on a petition for decertification. If at least 30% of union members sign the petition a request to conduct a decertification election is sent to the NLRB (Center for union facts, 2012). If the decertification election reveals the majority of union members no longer want union representation, the union is decertified and can no longer represent the workers (Budd, 2012, pp. 192). This type of election cannot be conducted within one year of a valid collective bargaining agreement going into effect (Center for union facts, 2012). An election known as a raid election gives employees a choice between the current union, a new union, or no union (Budd, 2012, pp. 92). There are an astounding number of articles on the internet about sports league unions. An article about the NBA unionââ¬â¢s decertification explains that dissolving the union allows team members to sue the league on antitrust grounds. This can be done because without the union there is no collective bargaining agreement to protect the league (Tenuto, 2011). Th e decertification of the NBA union is different from a decertification in a manufacturing plant or other normal business. This is because it appears to be a move to gain leverage to force the league to meet playerââ¬â¢s demands. Typical union decertifications are due to unions not doing a good job, or employees not feeling a need for the union. References Budd, J. W. (2010). Labor Relations: Striking a Balance (3rd ed. ). NY: McGraw-Hill Irwin. Center for union facts. (2012). How to decertify your union. Retrieved from http://www. unionfacts. com/union-member-resources/how-to-decertify-your-union. Collective bargaining fact sheet. (2010). American Federation of Labor ââ¬â Congress Industrial Organizations Retrieved from http://collectivebargainingfacts. com/ DiComo, A. (2011, November 22). Key points of collective bargaining agreement. Retrieved from http://mlb. mlb. com/news/article. jsp? ymd=20111122amp;content_id=26026776 Federal Bureau of Investigation. (2009, June 03). Two former executive board members of bus driversââ¬â¢ union arrested for extortion and unlawful labor payments. Retrieved from http://www. fbi. gov/newyork/press-releases/2009/nyfo060309. htm Hunter, R. P. (1999, August 24). Michigan labor law: What every citizen should know the union organizing drive. Retrieved from http://www. mackinac. org/2318. Jacobs, J.
Saturday, April 4, 2020
Orientation a Learning Experience free essay sample
The orientation of SIMS punk is one of the unforgettable experience for all the students. College conducts the orientation for 17 to 20 days. The orientation involves activities like classroom lectures, guest lectures, batch meets, business activities,powering presentations, assignment submissions, outbound activities and car activities. SIMS orientation a good learning experience The orientation conducted by SIMS is a well planned and organized activity which gives the participant student valuable information about how to be successful in their professional and personal life.Orientation has given students a good experience of what to expect from the corporate life and made them intact for the rest of the academic life also. The orientation was conducted by the student council of the SIMS and they did their job very well by giving their juniors valuable tips from their own experience. My experience of SIMS orientation The orientation started on June 3rd. The first speech by director was so inspirational and he has given students valuable informations about the life at SIMS. We will write a custom essay sample on Orientation a Learning Experience or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The next day the real entry to orientation started with a batch meet.Batch meet was so organized that every information to be followed for orientation was informed to students and this has helped me to strategies my orientation well. The batch meet was followed by a campus tour where all the campus facilities were informed to the students. After college tour the classroom section held ,where students got an opportunity to meet most of the faculties members. The faculty members were so helpful and has given dent about their plans for the first semester. The one of the most interesting one was the self introduction.The introduction has helped me with knowing more about my batch mates like their educational background, family background, cultural background. Morning session ended with the classes while the most interesting part was the afternoon session which was dedicated to guest lectures by prominent corporate people. The guest lecturers were really beneficial for the students as they got lot of opportunities to interact with the guests and out of all the question sessions ere really beneficial. The day ended with the submission of termite and individual assignments.The only problem was the time but people who took it positively has benefited from assignment submissions. It taught students how to use their time productively. The students were giving their best to complete the assignments on time and it was a type of a stress management also, as students could strategies their work under those time constraints. We slept for only 4 hours and next morning we got up for morning physical training session and it was very useful because it makes students fit for whole ay.Level of difficulty increased each passing day and even there were moments I thought of quitting but the determination to success kept me in this orientation. Orientation became a part of our daily life as students automatically woke daily morning and all will be present for the apt session and batch meet on time. The difference was unbelievable actually I saw the power of youth in SIMS Punk. Every one was enthusiastic and were very hard working so it made all team work easier and it became a platform for learning. Then came the final day of the orientation never expected the orientation to finish on 20th of June which was followed by a party.The party also gave students to know them well and also to share their experience about the orientation. Conclusion The planning and organization is very important for student orientation and SIMS Punk has d conducted it well and it was even beyond every students expectations. Orientation at SIMS Punk is a good example for all other B schools of India and in my opinion everyone have to follow the path taken by the SIMS punk. All credit goes to Director and student council of SIMS Punk for giving all the students the right platform for their life at SIMS Punk.
Sunday, March 8, 2020
How Ethical is Torture
How Ethical is Torture Free Online Research Papers The Ethics of Torture The dictionary defines torture as being the act of inflicting excruciating pain, as punishment or revenge, as a means of getting a confession or information, or for sheer cruelty. Arguments on whether or not torture is justified have been going on for a very long time. Some people believe that torture, no matter what the outcome, is immoral and unjustified. Others believe that torture can be justified as long as the outcome is positive. This is a very heated debate with two controversial viewpoints. In my opinion, torture can be both justified and unjustified, depending on the situation. Torture is a very complicated topic and, in my opinion, it is not necessarily justified or unjustified but is more of a judgment call based on the situation at hand. There are many good points made on both sides of the argument. Although I can see how people would go either way on the subject, I would have to say, in most cases, that torture is wrong. There are an unwritten set of rules and values that every human being should follow. Torture is simply an abomination. It is one of the most horrible violations of moral civility. I think that the debate over torture brings up a great question, is it ever right to cause another pain to ease your own? Is it right to cause extreme amounts of pain to people to obtain knowledge? These are questions that I think every person who thinks torture is ethical should put some thought into. The main reason I find torture to be unethical is because most of the time there is no way of knowing whether or not the person being tortured is guilty. What if the person is tortured but never gives up the information that is needed? What if you tortured them but all along they never even knew the information you were searching for? Suppose torture, as a general rule, was ethical as long as the right people were tortured for the right reasons, hypothetically speaking. Would it be ethical to torture someone who knew nothing and was innocent? Even if torture did happen to be ethical, torturing innocent people based on unreliable facts is not. How can you even know whether or not they are guilty for sure? Based on that ambiguity, could torture ever be a just decision? If the person that decides to initiate the torture has absolutely no doubt that the prisoner is guilty, odds are they have already obtained the information they are seeking. How else would you know they have the informa tion you are seeking? Another reason I find torture to be wrong is because there is no way of knowing whether or not the information gained is reliable. How reliable could information or a confession be if it was given while the prisoner was being tortured? The prisoner would most likely just give away false information in order to put an end to the torture. I think that Doctor King would side with this point of view. He was a man that did not believe violence was ever the answer. In Lee A. Jacobusââ¬â¢s A World of Ideas, it said, ââ¬Å"His views concerning nonviolence spread throughout the world, and by the early 1960s he had become famous as a man who stood for human rights and human dignity virtually everywhere. He won the Nobel Peace Prize in 1964.â⬠I could never even imagine a winner of the Nobel Peace Prize saying that torture is ethical. No matter what the situation, Doctor King never resorted to violence, although he had to deal with the danger of violence everyday. The book also said, ââ¬Å"Although King himself was nonviolent, his program left both him and his followers open to the threat of violence. The sit-ins and voter registration programs spurred countless bombings, threats, and murders by members of the white community. Kingââ¬â¢s life was often threatened, his home bombed, and his followers harassed. He wa s assassinated at the Lorraine Motel in Memphis, Tennessee, on April 4, 1968.â⬠This really showed what kind of a man Doctor King was. Although he had to face violence every day, he never resorted to violence himself. He did what he thought was right in Godââ¬â¢s eyes. Dr. King once said, ââ¬Å"I just want to do Gods will. And hes allowed me to go to the mountain. And Ive looked over, and Ive seen the promised land! I may not get there with you, but I want you to know tonight that we as a people will get to the promised land.â⬠Despite all of this, in some situations, torture can be justified. If millions of lives were at stake and the torture of one person could save the rest, I would have to say it is justified. For example, if a known terrorist leader was captured and had made threats to bomb the United States, I would have to say that torture would be justified in order to save millions of lives. I believe that torture is necessary if it means avoiding tragedy although it should be used as a last resort. I also believe that nowadays there are forms of torture that do not include physical pain. There have been many advancements in psychoactive medications that are used to obtain information from people who will not provide it otherwise. I believe that since this form of torture does not involve inflicting any physical pain on the subjects, there is nothing wrong with using it in necessary situations. Another view some people have is that if we torture terrorists, it will further justify their attacks against our country. I disagree with this point of view. In my opinion, our government is very good at keeping things a secret. I am sure that they are doing things that will have an impact on most of society every day that nobody knows about. I think that if the government tortured terrorists and they really didnââ¬â¢t want anyone knowing about it, no one would know about it. One example that I feel helps to prove my point is Area 51in southern Nevada. The government has been doing things out there for years that almost no one knows about. Some people have even done interviews that have worked there. The government has put so fear in them that they never show their faces. This shows the high level of secrecy that our government has. I do not think that torturing terrorists would impact our standing in the world. Judging by what our government is capable of, I do not think that an yone would find out about a couple of terrorists being tortured. I also believe that from an evolutionary standpoint, creatures that are not prepared to fight to the death to prolong their own lives will eventually be killed by another creature that is. As Niccolo Machiavelli said, ââ¬Å"Men ought either to be indulged or utterly destroyed, for if you merely offend them they take vengeance, but if you injure them greatly they are unable to retaliate, so that the injury done to a man ought to be such that vengeance cannot be feared.â⬠He was saying that if you are not willing to hurt someone enough to where they can not retaliate, they will take vengeance on you. He also said, ââ¬Å"Men should be either treated generously or destroyed, because they take revenge for slight injuries for heavy ones they cannot.â⬠He was also saying here that if you injure someone but do not destroy them, they will get revenge. This proves to be a problem that affects everyone. In most cases, people who are willing to cheat have an advantage over those who arenââ¬â¢t. This is also the case when it comes to differences in ethics between different countries. For example, say there are two countries at war. One country is very ethical and is not willing to use nuclear warfare to defeat the other country. Meanwhile, the other country is willing to do whatever is necessary to win the war. In this situation, the country that is willing to do whatever it takes to win the war could resort to using nukes and wipe the other country out. This works the same way with torture. In some cases it is necessary to do whatever it takes in order to save countless peopleââ¬â¢s lives. This is the final situation in which I find torture to be allowable. I donââ¬â¢t think that Machiavelli would have cared whether or not torture was ethical, he just wouldââ¬â¢ve done whatever he had to do to stay in power. In the book it says, ââ¬Å"Through the years, Machiavelliââ¬â¢s view of human nature has come under criticism for its cynicism. For instance, he suggests that a morally good person would not remain long in any high office because that person would have to compete with the mass of people, who, he says, are basically bad.â⬠This point of view shows that if Machiavelli was a prince or ruler, he would stop at nothing to stay in power. Ethics and morals were not important to him and I am sure he would have used torture if it meant he would not lose any power. The book also says, ââ¬Å"Perhaps Machiavelli is correct, but people have long condemned the way he approves of cunning, deceit, and outright lying as means of staying in power.â⬠This shows how merciless Machiavelli really was. He put personal success ahead of the thoughts and feelings of others. Finally, I find ethics to be a very complicated thing. I do not necessarily think that you can say that torture is right or wrong as a whole. I think you have to identify and analyze the situation. You have to decide whether or not the price you pay is worth the reward you get in return. Torture will always be a bad thing but under some circumstances it is necessary in order to avoid tragedy. In other words, sometimes you have to use bad means to achieve a good end. Martin Luther King once said, ââ¬Å"Means we use must be as pure as the ends we seek.â⬠I do not completely agree with this quote. I think that in some situations it is necessary to use means that are not pure in order to achieve a positive outcome. I also think that unless the person who decides to do the torture is absolutely sure the person being tortured knows the information, it is unjust. I do believe, however that if someone is being tortured in order to save millions of lives, it can be justified. 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Friday, February 21, 2020
Abortion Assignment Example | Topics and Well Written Essays - 750 words
Abortion - Assignment Example However, the main contention arises in an unusual circumstance, for example, when the motherââ¬â¢s life is at risk because of pregnancy condition or a pregnancy resulting from rape. These two scenarios develop a challenge on the first premise because it becomes difficult to measure and uphold the motherââ¬Ës right to life or that of the foetus. It follows that the child is considered as being innocent and the innocent life should not be terminated. Contrariwise, the motherââ¬â¢s life is at jeopardy and not committing abortion would not result in direct murder. This the author argues as a fallacious point due the risk the unborn child poses to the mother and in such a circumstance, abortion should be permitted. The second scenario arises when a woman is raped and in that instance, the pregnancy is not a result of self-will (Thomson 122). The pregnancy exists without the consent of the mother and abortion should be allowed according to the wishes of the mother. Nonetheless, in circumstances where the motherââ¬â¢s life is not at risk and the pregnancy occurred with the consent of the mother, abortion should not be allowed. The first argument fronted by Warren touches on the number of deaths recorded in instances where women procure illegal abortions. Illegal and informal abortions pose a great threat to the life of the mother and a threat to the society that loses its members. It is direct that pregnancies resulting from rape and incidents of unwanted pregnancies, abortion is a solution because the woman was not in control of the predicament she faces. However, in other circumstances the woman has the ability of avoiding pregnancy, but fails due to the lack of using contraceptives or the utter failure of contraceptives taken religiously. This circumstances result in unwanted pregnancies and the woman should not be forced to carry and take responsibility of a supposed person they lack any level of obligation (Thomson 128). The author argues based on rights
Wednesday, February 5, 2020
Journal Assignment Example | Topics and Well Written Essays - 250 words - 8
Journal - Assignment Example e while women is receptive.In every culture, gender role is influenced by various sources including parental expectation, modeling by peers, and media images of male and female. For instance, Scandinavian culture appears to have a more egalitarian gender role such as norms of behavior and personal traits at home and work are not defined solely on gender.In contrat, Arabs have strict implication of gender role which expect women to cover head and walk behind husband.Across many cultures males are expected to be strong,independent, self ââ¬â reliant, emotionally detached and women are taught to be nurturing, dependent, gentle and emotional.Gender role is the public expression ofoneââ¬â¢s gender identity.In many cultures men learn to be aggressive and women learn to be passive.A family from the birth of a child imposes gender role on them and bring them up as male or female.Basically the attitude and behavior of male and female is molded according to the cultural environment he or sheis grown up
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