The Taylor Law (particularly the Triborough Amendment provision) expires on J...Luis Taveras EMBA, MS
The Taylor Law requires that the municipal administration of collective bargaining be “substantially equivalent” to administration of the Taylor Law by the Public Employee Relations Board (“PERB”).6 Accordingly, the New York City Collective Bargaining Law (“NYCCBL”), applicable to public employees in New York City, includes a provision analogous to the Triborough Amendment, and administration of this provision tracks with PERB’s administration of state law.
BHR 3565, Employment Law 1 Course Learning Outcomes fMargaritoWhitt221
BHR 3565, Employment Law 1
Course Learning Outcomes for Unit VI
Upon completion of this unit, students should be able to:
6. Explain the authority of unions in the workplace.
6.1 Outline seven different areas or processes in collective bargaining that are of interest to you.
Course/Unit
Learning Outcomes
Learning Activity
6 Unit Lesson Chapter 16 and 17
6.1
Unit Lesson
Chapter 15 and 17
Unit VI PowerPoint Presentation
Reading Assignment
Chapter 15: Collective Bargaining
Chapter 16: Picketing and Strikes
Chapter 17: The Enforcement and Administration of the Collective Agreement, pp. 549-567, 577
Unit Lesson
Studying the history of labor laws in the United States is a bit like looking at a pendulum in a clock – it swings
one way until it reaches the extreme of its movement, and then it moves back the other way. By the beginning
of the 20th century, employers had become powerful as a result of the Industrial Revolution, and employees
were often at the mercy of the policies that employers instituted and the wages that employers were willing to
pay. As you can imagine, that power in the hands of employers sometimes led to employers taking advantage
of and even abusing employees. In 1932, Congress passed the Norris-LaGuardia Act and in 1935, the
Wagner Act (also called the National Labor Relations Act or NLRA).
These acts declared certain actions by employers to be illegal and empowered unions to form to represent
workers in dealing with employers, thus limiting and, in some cases eroding, the power that employers had
exercised over employees. Although the increased power of unions was, in theory, good for employees, in too
many cases, unions used their new power to improperly convince employees to allow the unions to represent
them and to improperly force employers to make concessions to employees.
There are still cases in which either management (employers) or labor (unions) allege that the other has
violated some federal law that establishes what management and labor cannot do in dealing with employees
and each other. However, the federal law framework for labor relations is now in place, and there are other
federal laws that influence the relationship between employers and employees.
Collective Bargaining
Collective bargaining is the exertion of force by employees and employers on each other to force an
agreement (Cihon & Castagnera, 2017). Is collective bargaining a right or a privilege? Have unions helped the
economy or hurt it? Do unions help the worker or politicians? Is the United States going broke because of
unions and collective bargaining? Do unions promote market inefficiency in workers? These are questions
that many are asking. The answers are not clear.
UNIT VI STUDY GUIDE
Collective Bargaining
BHR 3565, Employment Law 2
UNIT x STUDY GUIDE
Title
Collective bargaining gives workers power in numbers to negotiate for increased wages, benefi ...
Decentralization Of Collective Bargaining In AustraliaClaudia Brown
The document discusses decentralization of collective bargaining in Australia. It notes that Australia's industrial relations system has been shaped by legislative acts and political forces at both the state and federal level. Employers have increasingly favored moving away from centralized wage-fixing toward a more decentralized approach to collective bargaining at the enterprise level due to perceived disadvantages of the centralized system compared to advantages of decentralization. The last two decades have seen a radical shift toward decentralized collective bargaining.
The Accelerated Model Of The Right To Work Through The Harmonization Of Manpower Policies(A Case Study of Outsourcing Manpower after the Constitutional Court Decision Number 27/PUU-IX/2011 about the Review of Law Number 13 of 2003 Concerning Substantive Justice Attainment)
The Taylor Law (particularly the Triborough Amendment provision) expires on J...Luis Taveras EMBA, MS
The Taylor Law requires that the municipal administration of collective bargaining be “substantially equivalent” to administration of the Taylor Law by the Public Employee Relations Board (“PERB”).6 Accordingly, the New York City Collective Bargaining Law (“NYCCBL”), applicable to public employees in New York City, includes a provision analogous to the Triborough Amendment, and administration of this provision tracks with PERB’s administration of state law.
BHR 3565, Employment Law 1 Course Learning Outcomes fMargaritoWhitt221
BHR 3565, Employment Law 1
Course Learning Outcomes for Unit VI
Upon completion of this unit, students should be able to:
6. Explain the authority of unions in the workplace.
6.1 Outline seven different areas or processes in collective bargaining that are of interest to you.
Course/Unit
Learning Outcomes
Learning Activity
6 Unit Lesson Chapter 16 and 17
6.1
Unit Lesson
Chapter 15 and 17
Unit VI PowerPoint Presentation
Reading Assignment
Chapter 15: Collective Bargaining
Chapter 16: Picketing and Strikes
Chapter 17: The Enforcement and Administration of the Collective Agreement, pp. 549-567, 577
Unit Lesson
Studying the history of labor laws in the United States is a bit like looking at a pendulum in a clock – it swings
one way until it reaches the extreme of its movement, and then it moves back the other way. By the beginning
of the 20th century, employers had become powerful as a result of the Industrial Revolution, and employees
were often at the mercy of the policies that employers instituted and the wages that employers were willing to
pay. As you can imagine, that power in the hands of employers sometimes led to employers taking advantage
of and even abusing employees. In 1932, Congress passed the Norris-LaGuardia Act and in 1935, the
Wagner Act (also called the National Labor Relations Act or NLRA).
These acts declared certain actions by employers to be illegal and empowered unions to form to represent
workers in dealing with employers, thus limiting and, in some cases eroding, the power that employers had
exercised over employees. Although the increased power of unions was, in theory, good for employees, in too
many cases, unions used their new power to improperly convince employees to allow the unions to represent
them and to improperly force employers to make concessions to employees.
There are still cases in which either management (employers) or labor (unions) allege that the other has
violated some federal law that establishes what management and labor cannot do in dealing with employees
and each other. However, the federal law framework for labor relations is now in place, and there are other
federal laws that influence the relationship between employers and employees.
Collective Bargaining
Collective bargaining is the exertion of force by employees and employers on each other to force an
agreement (Cihon & Castagnera, 2017). Is collective bargaining a right or a privilege? Have unions helped the
economy or hurt it? Do unions help the worker or politicians? Is the United States going broke because of
unions and collective bargaining? Do unions promote market inefficiency in workers? These are questions
that many are asking. The answers are not clear.
UNIT VI STUDY GUIDE
Collective Bargaining
BHR 3565, Employment Law 2
UNIT x STUDY GUIDE
Title
Collective bargaining gives workers power in numbers to negotiate for increased wages, benefi ...
Decentralization Of Collective Bargaining In AustraliaClaudia Brown
The document discusses decentralization of collective bargaining in Australia. It notes that Australia's industrial relations system has been shaped by legislative acts and political forces at both the state and federal level. Employers have increasingly favored moving away from centralized wage-fixing toward a more decentralized approach to collective bargaining at the enterprise level due to perceived disadvantages of the centralized system compared to advantages of decentralization. The last two decades have seen a radical shift toward decentralized collective bargaining.
The Accelerated Model Of The Right To Work Through The Harmonization Of Manpower Policies(A Case Study of Outsourcing Manpower after the Constitutional Court Decision Number 27/PUU-IX/2011 about the Review of Law Number 13 of 2003 Concerning Substantive Justice Attainment)
The document discusses how the New Jersey Consumer Fraud Act's prohibition on temporary help service firms sending employees to replace striking workers is preempted by federal labor law. Specifically:
- The NJ CFA regulates temporary help service firms operating in the state but prohibits them from knowingly sending employees to replace striking workers, subjecting them to penalties.
- However, the National Labor Relations Act gives employers the right to hire replacement workers during a strike in order to continue operations. It creates a uniform national labor policy regulated by the National Labor Relations Board.
- The Supreme Court has found state laws regulating conduct protected or prohibited by the NLRA to be preempted, as it could interfere with national labor policy as determined by
The Role of Todays Labor MovementBY DR. MICHAEL JEDEL,Georgia.docxoreo10
The Role of Today's Labor Movement
BY DR. MICHAEL JEDEL,
Georgia State University
Department of Management
Labor unions arose in the United States more than two centuries ago in response to a perception that the relative bargaining power of the individual employee was becoming ever more diminished when compared to that of the increasingly larger and more remote employer. By contrast, it was felt that if workers who shared common concerns about income, security and status could come together in a collective fashion, represented by a trade or craft union supporting those interests, a greater parity would exist in determining the terms and conditions of employment.
As the legal framework emerged in the United States to enable unionization and then collective bargaining between employers and unions, initially from the courts and then in the 20th century via federal legislation, the essential rationale for labor unions continued. Proponents of labor unions argued that conflict occurred between employees and employers concerning (a) the relative division of profit; (b) employee concern about job security and protection against arbitrary or subjective managerial actions versus management's claimed right and need to exercise its discretion to run the enterprise as it saw fit; and (c) what, if any, role was to be accorded employees in fundamental decisions affecting the employer's operations. For each of these subject areas, it was claimed by the advocates of labor unions that the craft or industrial union in the workplace would be effective in representing and advancing the interests of the employees.
While objective observers of the history and role of labor unions in the United States differ as to unions' relative effectiveness, there is general agreement on a number of items. Overall, unions have had an impact on the division of the "economic pie" between worker and employer, though not as great as the staunchest supporters have claimed, and differentially in some industries versus others. Unions without question have had significant impact on the "rules of the workplace," with seniority systems and other "objective" criteria typically replacing the unilateral, "subjective" view of the employer with respect to workplace-related employment decisions. Finally, the development of, and virtually universally accepted reliance upon, grievance arbitration systems has proved to be one of the most salient features of the collective bargaining system.
The use or threat of strike, often the most visible component to the public at large of the entire labor-management relations system, typically has been relegated just to those instances where the union and the employer had been unsuccessful in negotiating a collective bargaining agreement. Though the strike, or its threat, quite understandably gets significant public attention, it historically has been just one small part of the overall system developed between employers and unions. But strikes have not a ...
Unit5 - Individual Project TemplateStudents should submit a 8-10.docxdickonsondorris
Unit5 - Individual Project Template
Students should submit a 8-10 content slide PowerPoint with speaker notes showing all calculations, including the following:
1-What is meant by budget variance?
Please discuss
2-What is an effective way to incorporate variance analysis into the budget process?
Please discuss
3-What are the differences between labor and material variances?
Please discuss
4-How is a quantity variance different from a rate variance?
Please discuss
5-What are the subcomponents of fixed overhead?
Please discuss
6-What are the subcomponents of variable overhead?
Please discuss
7-What is the lowest possible price you could offer to this potential customer (You know that we have sufficient capacity, without working overtime and without adding any new equipment, to make this order)? Please show the calculations.
Please discuss
8-In terms of capacity, under what conditions would offering this lowest possible price be a bad decision? Why?
Please discuss
9-You have been considering investing in automation to eliminate some factory labor if you get this large order. This technology advancement will cost an added $100,000/yr. to lease (net of taxes), but it will reduce labor cost/unit on the customer's units by 50%. How would this change the lowest possible price you could offer to this potential customer and at least still break even? Please show the calculations.
Please discuss
60
Chapter Three
Employment Law and
Federal Agencies
This chapter covers federal law and federal agencies that regulate employ-
ment, with particular emphasis on labor relations. The primary labor rela-
tions laws include the Railway Labor Act, Norris-LaGuardia Act, Wagner
Act (as amended by Taft-Hartley and later legislation), Landrum-Griffin
Act, and Civil Service Reform Act. The chapter gives an overview of the
statutes and major government agencies, as well as examples of the agen-
cies’ organizational structures. This chapter also examines some of the
effects of how laws are enforced by federal government agencies and how
employees use protections granted by some employment laws.
In studying this chapter, keep the following questions in mind:
1. What specific types of activities are regulated?
2. In what areas have regulations been extended or retracted?
3. What employee groups are excluded or exempted from various
regulations?
4. How do administrative agencies interact with employers and unions in
implementing laws and regulations?
OVERVIEW
Statutory employment laws result from the interaction of the positions of a
variety of interest groups in society. When a pluralistic coalition of interest
groups emerges, the climate necessary for passage is created. 1 New laws
or the amendment of existing laws requires the bonding of interest groups
1 For an extended and insightful treatment of the interaction between labor organizations
and the state, see R. J. Adams,”The Role of the State in Industr ...
Classmates Post (Need to get some comments) Sav.docxbartholomeocoombs
Classmate's Post
(Need to get some comments)
Savanah Holcomb
1. The difference between administrative agency and the federal government is that the administrative
agency deals with the federal government. The administrative agency carry's out the laws that deal with
the legislative branch of the federal government (Textbook, sec 6-1a, para 1).
2. Yes businesses and individuals should be concerned with the structure of administrative agencies.
Administrative agencies have the right to make legal decisions when it comes to laws affecting business
(Textbook, sec 6-1a, para 2). Therefore any decisions made by the agencies can directly affect one and
their business.
3. The agency makes the rules and makes sure those rules are being met. They have the power to check
anything going against the rules (Textbook, sec 6-1b, para 2).
4. One example would be the subscribers of comcast noticing that comcast was iinterfering with their
social media networking. Comcast was charging more depending on user content and applications. The
courts opinion stated that the FCC had nothing stopping them from doing that and therefore they could
not change anything (Textbook, sec 6-2b, para 3).
Alyssa LaMaina
1. The administrative agency does not make the final decisions. An example of this is in chapter 6-page
90 case summary. At the end of the case summary, the result is to leave the final decision to the
executive and legislative branches that the tripartite has.
2. I do not think individuals or businesses should be concerned with the structure of the administrative
agencies because they seem open to the public as to what is going on in the agency. For example, the
open meeting law is described as the federal government requiring that most meetings be open to the
public. This allows the public to know what steps the agencies are taking to prevent administrative
misconduct. An administrative agency also has the power to make laws regulating from public input. Just
from reading this, as a part of the public, it seems like the administrative agencies are very open and
willing to hear from the public and even use their input in making decisions and changing laws.
3. The procedural and operating requirements of an administrative agency are accessed in 3 ways 1.
open meetings 2. open records and 3. public announcementof agency guidelines.
4. One example in Chapter 6 Case summary’s is an agency trying to regulate hot air. In 1999, a group of
19 private organizations filed a rulemaking petition asking the EPA to regulate “greenhouse gas
emissions from new motor vehicles under the clean air act. The organizations argued that carbon
monoxide was the contributor that was changing the climate. The administrative agencies asked the
public to send in whatever documentation, tests, or information they had on this subject. The court held
the decision that the information that the EPA was not sustainable, and any other action i.
Chapter 22 THE LAW AND TALENT MANAGEMENTWayne F. Cascio, HEstelaJeffery653
Chapter 2
2 THE LAW AND TALENT MANAGEMENT
Wayne F. Cascio, Herman Aguinis
Learning Goals
By the end of this chapter, you will be able to do the following:
· 2.1 Describe the framework of the U.S. legal system
· 2.2 Describe alternative legal routes for complaints against an employer’s employment practices
· 2.3 Explain the two major legal theories of unfair employment discrimination
· 2.4 Understand the major legal principles that define key civil rights laws
· 2.5 Identify the six exemptions to Title VII coverage
· 2.6 Define sexual harassment and identify preventive steps employers should take
· 2.7 Know when you can and cannot justify “English-only” rules in the workplace
· 2.8 Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause
Comprehensive employment-related legislation, combined with increased motivation on the part of individuals to rectify unfair employment practices, makes the legal aspects of employment among the most dominant issues in human resource management today. All three branches of the federal government have been actively involved in ongoing efforts to guarantee equal employment opportunity (EEO) as a fundamental individual right, regardless of race, color, age, gender, religion, national origin, or disability.
All aspects of the employment relationship, including initial screening, recruitment, selection, placement, compensation, training, promotion, and performance management, have been addressed by legislative and executive pronouncements and by legal interpretations from the courts. With growing regularity, I/O psychologists and HR professionals are being called on to work with attorneys, the courts, and federal regulatory agencies. It is imperative, therefore, to understand thoroughly the rights as well as obligations of individuals and employers under the law and to ensure that these are translated into everyday practice in accordance with legal guidelines promulgated by federal regulatory agencies. Affirmative action involves a proactive examination of whether equality of opportunity exists. If it does not, a plan is implemented for taking concrete measures to eliminate the barriers and to establish true equality (Society for Human Resource Management, 2016b). Affirmative action has become a fact of modern organizational life. To ignore it is to risk serious economic, human, and social costs.
Every public opinion poll based on representative national samples drawn between 1950 and the present shows that a majority of Americans—black, brown, and white—support EEO and reject differential treatment based on race, regardless of its alleged purposes or results. There is agreement about the ends to be achieved, but there is disagreement about the means to be used (Von Drehle, 2003). EEO has been, and is still, an emotionally charged issue. Congress has provided sound legal bases for effecting changes in EEO through sweeping civil rights legislation. Subsequently, thousan ...
This document summarizes and evaluates ten leading accounts of constitutionalism that can be found in cases and commentary. It argues that none of the accounts - including agency, precommitment, and checks and balances - provide a satisfactory description of the U.S. constitutional system or unambiguously attractive justifications for constitutionalism. The document then offers an alternative description of U.S. constitutional practices and a brief normative assessment.
The document discusses at-will employment and its exceptions. It introduces at-will employment as meaning an employer can terminate a worker at any time for any reason. As of 2000, 42 states and DC recognized public policy exceptions to at-will employment. The 7 states without this exception are listed. Montana is the only state that has eliminated at-will employment. The document also discusses employee rights and protections from discrimination, even for at-will workers.
Chapter Twenty one Employment DiscriminationBeing an employer was .docxspoonerneddy
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some .
Chapter Twenty one Employment DiscriminationBeing an employer was .docxmccormicknadine86
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some ...
Unionization, Collective Bargaining, And DiscriminationCarmen Sanborn
The document discusses several topics related to unions and collective bargaining, including:
- The power unions can hold over management and differing views on unionization.
- How Governor Scott Walker was able to pass legislation limiting collective bargaining for public sector unions in Wisconsin despite facing opposition.
- The process of collective bargaining between employers/management and labor unions, including determining appropriate bargaining units and reaching collective bargaining agreements.
- Arguments for and against public sector unions' right to collectively bargain.
Video 1 Linkhttpswaldenu.kanopy.comvideogroup-therapy-live-VannaJoy20
Video 1 Link
https://waldenu.kanopy.com/video/group-therapy-live-demonstration
Video 2 Link
https://waldenu.kanopy.com/video/group-therapy-live-demonstration
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Public Administration Review
PUBLIC ADMINISTRATION AND THE DISCIPLINES
Full Access
Collaborative Governance: Integrating Management, Politics, and Law
Lisa Blomgren Amsler
Abstract
Scholars have engaged in an ongoing dialogue about the relationships among management, politics, and law in public administration. Collaborative governance presents new challenges to this dynamic. While scholars have made substantial contributions to our understanding of the design and practice of collaborative governance, others suggest that we lack theory for this emerging body of research. Law is often omitted as a variable. Scholarship generally does not explicitly include collaboration as a public value. This article addresses the dialogue on management, politics, and law with regard to collaborative governance. It provides an overview of the current legal framework for collaborative governance in the United States at the federal, state, and local levels of government and identifies gaps. The institutional analysis and development framework provides a body of theory that incorporates rules and law into research design. The article concludes that future research on collaborative governance should incorporate the legal framework as an important variable and collaboration as a public value.
Practitioner Points
· In designing public engagement and collaborative processes, public managers must consider the legal framework that governs their action.
· Relevant law varies across the federal, state, and local arenas and shapes design choices.
· Collaboration itself is an important value to the public and stakeholders.
· Public managers must acquire an understanding of basic constitutional and administrative law to plan effective public engagement and collaborative governance.
· In seeking to innovate, public managers should consider what the relevant legal framework is and consult with legal counsel. However, they should also consider the likelihood that in-house counsel may be risk averse.
· When innovation presents a case of first impression, one for which there is no case law, managers should ask not whether they can innovate by using participatory and collaborative processes but how to do it consistent with their legal authority.
Public administration scholars have engaged in an ongoing dialogue about the relationships among management, politics, and law in public agencies’ work (Christensen, Goerdel, and Nicholson-Crotty
2011; Rosenbloom
1983,
2013). Collaborative governance presents a new challenge for this dialogue. As an umbrella term, it describes various system designs and processes through which public agencies work together with the private sector, civil society, and the public to ide ...
C H A P T E R 15 Collective BargainingEmployees join unions TawnaDelatorrejs
C H A P T E R 15 Collective Bargaining
Employees join unions to gain some influence over their working conditions and wages; that influence is achieved through the process called collective bargaining. Section 8(d) of the National Labor Relations Act (NLRA) defines collective bargaining as [t]he performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder. . . . This process of meeting and discussing working conditions is actually a highly stylized and heavily regulated form of economic conflict. Within the limits of conduct spelled out by the National Labor Relations Board (NLRB) under the NLRA, the parties exert pressure on each other to force some concession or agreement. The union’s economic pressure comes from its ability to withhold the services of its members—a strike. The employer’s bargaining pressure comes from its potential to lock out the employees or to permanently replace striking workers. The NLRB and the courts, through their interpretation and administra- tion of the NLRA, have limited the kinds of pressure either side may exert and how such pressure may be applied. This chapter examines the collective bargaining process and the legal limits placed on that process.
15-1 The Duty to Bargain
An employer is required to recognize a union as the exclusive bargaining representa- tive of its employees when a majority of those employees support the union. The union may demonstrate its majority support either through signed authorization cards or by winning a representation election. Once aware of the union’s majority support, the employer must recognize and bargain with the union according to the process spelled out in Section 8(d). Section 8(a)(5) makes it an unfair labor practice for an employer to refuse to bargain with the representative of its employees, and Section 8(b)(3) makes it an unfair practice for a union representing a group of employees to refuse to bargain with their employer. Although the NLRA imposes an obligation to bargain collectively upon both employer and union, it does not control the results of the bargaining process. Section 8(d) makes it clear that the obligation to bargain “does not compel either party to agree to a proposal or require the making of a concession.” The act thus reflects an ambivalence regarding the duty to bargain in good faith. The parties, to promote industrial relations harmony, are required to come together and negotiate, but in deference to the principle of freedom of contract, they are not required to reach an agreement. This tension between the goal of promoting industrial peace and the principle of freedom of contract underlies the various NLRB and court decisions dealing with the duty to bargain. The accommodation of these conflicting ideas makes the ar ...
1 (Slip Opinion) OCTOBER TERM, 2017
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
EPIC SYSTEMS CORP. v. LEWIS
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE SEVENTH CIRCUIT
No. 16–285. Argued October 2, 2017—Decided May 21, 2018*
In each of these cases, an employer and employee entered into a con-
tract providing for individualized arbitration proceedings to resolve
employment disputes between the parties. Each employee nonethe-
less sought to litigate Fair Labor Standards Act and related state law
claims through class or collective actions in federal court. Although
the Federal Arbitration Act generally requires courts to enforce arbi-
tration agreements as written, the employees argued that its “saving
clause” removes this obligation if an arbitration agreement violates
some other federal law and that, by requiring individualized proceed-
ings, the agreements here violated the National Labor Relations Act.
The employers countered that the Arbitration Act protects agree-
ments requiring arbitration from judicial interference and that nei-
ther the saving clause nor the NLRA demands a different conclusion.
Until recently, courts as well as the National Labor Relations Board’s
general counsel agreed that such arbitration agreements are enforce-
able. In 2012, however, the Board ruled that the NLRA effectively
nullifies the Arbitration Act in cases like these, and since then other
courts have either agreed with or deferred to the Board’s position.
Held: Congress has instructed in the Arbitration Act that arbitration
agreements providing for individualized proceedings must be en-
forced, and neither the Arbitration Act’s saving clause nor the NLRA
suggests otherwise. Pp. 5–25.
——————
* Together with No. 16–300, Ernst & Young LLP et al. v. Morris et al.,
on certiorari to the United States Court of Appeals for the Ninth Cir-
cuit, and No. 16–307, National Labor Relations Board v. Murphy Oil
USA, Inc., et al., on certiorari to the United States Court of Appeals for
the Fifth Circuit.
2 EPIC SYSTEMS CORP. v. LEWIS
Syllabus
(a) The Arbitration Act requires courts to enforce agreements to
arbitrate, including the terms of arbitration the parties select. See 9
U. S. C. §§2, 3, 4. These emphatic directions would seem to resolve
any argument here. The Act’s saving clause—which allows courts to
refuse to enforce arbitration agreements “upon such grounds as exist
at law or in equity for the revocation of any contract,” §2—recognizes
only “ ‘generally applicable contract defenses, such as fraud, duress,
or uncons.
This document discusses labor law and employment law. It explains that employment law regulates the employment relationship between employers and employees by creating rights and responsibilities. The key aspects of employment law covered are creating employment through recruitment and hiring, maintaining employment by establishing contractual terms and conditions or statutory rights, and terminating employment which includes dismissals and potential litigation. The document also briefly discusses English civil law as it relates to resolving employment disputes through compensation or injunctions in employment tribunals.
APA, The assignment require a contemporary approach addressing Race,.docxamrit47
APA, The assignment require a contemporary approach addressing Race, Gender, and Crime. All work will include an introduction and a cogent thesis. The literature review will include a body of knowledge inclusive of in text citations, and supporting relevant references. The paper should end with discussions that highlight the future of the CJS. A conclusion of the literature review will end the written assignment. The assignment will consist of 2000 words. Reference page along with 6 peer reviewed references and course textbook.
.
APA style and all questions answered ( no min page requirements) .docxamrit47
APA style and all questions answered ( no min page requirements)
Diagnostic Techniques -
Pick any two diseases that require diagnostic tests to identify them from the body system. Use one of the body systems: cardiovascular, respiratory, renal, hepatobiliary, lymphatic, reproductive or nervous systems. For each of the diseases, explain:
Why is a particular test recommended?
How does the test work?
What information is obtained from the diagnostic test regarding the disease?
Does the diagnosis need confirmation with another diagnostic test?
.
Apa format1-2 paragraphsreferences It is often said th.docxamrit47
Apa format
1-2 paragraphs
references
It is often said that people today are no longer loyal to organizations. Yet employees are loyal to their direct supervisor. This discussion question asks you to evaluate and apply your understanding of followership theory. Reflect on any techniques for understanding, achieving, and positively applying organizational and personal power and influence as a follower.
When effective leaders leave an organization to move on to another organization, they often take at least one or two employees. Employees who respect a leader and have generated a relationship and bond want to work under that leader. One indicator of effective leaders is communication skills in which a leader is attuned to the needs of each employee.
REAL-LIFE APPLICATION: Discuss a leader with whom you are familiar and who has the loyalty of his or her direct reports. Alternatively, you might interview a friend or family member about their experiences or you may research a well-known leader. Address the following in your response.
Evaluate how this leader earns respect and loyalty from his or her employees.
If you were in a leadership position, what methods would you implement to inspire, motivate, and empower your employees?
Support your discussion with at least one scholarly article and, if relevant, credible media reports, and cite each source using APA style.
.
APA format2-3 pages, double-spaced1. Choose a speech to review. It.docxamrit47
APA format2-3 pages, double-spaced
1. Choose a speech to review. It can be any type (informative, persuasive, special occasion). It should be between 7-20 minutes. You may search Youtube for videos of speeches (TED talks, commencement speeches, public addresses by government etc).
Copy the link of the video you've chosen to your submission form.
2. Analyze the speech content and speaker delivery, paying attention to:
what the message is
how the message is organized
nonverbal cues (tone, pitch, pauses, gestures etc)
the context in which the message is being delivered
3. Provide your opinion on the speech and speaker delivery.
What do you think the intention of the speaker is?
Does the effect on the audience seem to follow that intention?
What did you like about the speech?
Is it appropriate for the context; why?
Be sure to attach your essay as a .doc or .rtf file and make sure to proofread for spelling and grammar errors.
.
APA format httpsapastyle.apa.orghttpsowl.purd.docxamrit47
APA format
https://apastyle.apa.org/
https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/general_format.html
Min number of pages are 30 pages
Must have
Contents with page numbers
Abstract
Introduction
The problem
Are there any sub-problems?
Is there any issue need to be present in relation to the problem?
The solutions
Steps of the solutions
Compare the solution to other solution
Any suggestion to improve the solution
Conclusion
References
Research Paper topic:
Computer Security Objects Register
https://csrc.nist.gov/Projects/Computer-Security-Objects-Register
The Computer Security Objects Register (CSOR) specifies names that uniquely identify CSOs. These unique names are used to reference these objects in abstract specifications and during the negotiation of security services for a transaction or application.
The studies must look at different algorithms used CSOR and the benefits of using CSOR
.
APA format2-3 pages, double-spaced1. Choose a speech to review. .docxamrit47
APA format2-3 pages, double-spaced
1. Choose a speech to review. It can be any type (informative, persuasive, special occasion). It should be between 7-20 minutes. You may search Youtube for videos of speeches (TED talks, commencement speeches, public addresses by government etc).
Copy the link of the video you've chosen to your submission form.
2. Analyze the speech content and speaker delivery, paying attention to:
what the message is
how the message is organized
nonverbal cues (tone, pitch, pauses, gestures etc)
the context in which the message is being delivered
3. Provide your opinion on the speech and speaker delivery.
What do you think the intention of the speaker is?
Does the effect on the audience seem to follow that intention?
What did you like about the speech?
Is it appropriate for the context; why?
Be sure to attach your essay as a .doc or .rtf file and make sure to proofread for spelling and grammar errors.
.
APA Formatting AssignmentUse the information below to create.docxamrit47
APA Formatting Assignment
Use the information below to create a reference list using proper APA formatting
1)
Authors: Christina Jane Jones, Helen Smith and Carrie Llewellyn
Title: Evaluating the effectiveness of health belief model interventions in improving adherence: a
systematic review
Publication Year: 2014
Journal: Health Psychology Review, Vol. 8, No. 3, 253_269
DOI: 10.1080/17437199.2013.802623
2)
Authors: Mohammad Bagherniya, Ali Taghipour, Manoj Sharma, Amirhossein Sahebkar, Isobel R.
Contento, Seyed Ali Keshavarz, Firoozeh Mostafavi Darani and Mohammad Safarian
Title: Obesity intervention programs among adolescents using social cognitive theory: a systematic
literature review
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Journal: Health Education Research, Vol. 33, No. 1, 26_39
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Authors: Christine Y. K. Lau, Kris Y. W. Lok, Marie Tarrant
Title: Breastfeeding Duration and the Theory of Planned Behavior and Breastfeeding Self-Efficacy
Framework: A Systematic Review of Observational Studies
Publication Year: 2018
Journal: Maternal and Child Health Journal, Vol. 22, 327_342
DOI: 10.1007/s10995-018-2453-x
4)
Authors: Amy E. Bodde, Dong-Chul Seo
Title: A review of social and environmental barriers to physical activity for adults with intellectual
disabilities
Publication Year: 2009
Journal: Disability and Health Journal, Vol. 2, 57_66
5)
Authors: Linda Irvine, Ambrose J. Melson, Brian Williams, Falko F. Sniehotta, Gerry Humphris, Iain K.
Crombie
Title: Design and development of a complex narrative intervention delivered by text messages to reduce
binge drinking among socially disadvantaged men
Publication Year: 2018
Journal: Pilot and Feasibility Studies, Vol. 4, No.105, 1_11
.
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The document discusses how the New Jersey Consumer Fraud Act's prohibition on temporary help service firms sending employees to replace striking workers is preempted by federal labor law. Specifically:
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The Role of Today's Labor Movement
BY DR. MICHAEL JEDEL,
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Department of Management
Labor unions arose in the United States more than two centuries ago in response to a perception that the relative bargaining power of the individual employee was becoming ever more diminished when compared to that of the increasingly larger and more remote employer. By contrast, it was felt that if workers who shared common concerns about income, security and status could come together in a collective fashion, represented by a trade or craft union supporting those interests, a greater parity would exist in determining the terms and conditions of employment.
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2-What is an effective way to incorporate variance analysis into the budget process?
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Chapter Three
Employment Law and
Federal Agencies
This chapter covers federal law and federal agencies that regulate employ-
ment, with particular emphasis on labor relations. The primary labor rela-
tions laws include the Railway Labor Act, Norris-LaGuardia Act, Wagner
Act (as amended by Taft-Hartley and later legislation), Landrum-Griffin
Act, and Civil Service Reform Act. The chapter gives an overview of the
statutes and major government agencies, as well as examples of the agen-
cies’ organizational structures. This chapter also examines some of the
effects of how laws are enforced by federal government agencies and how
employees use protections granted by some employment laws.
In studying this chapter, keep the following questions in mind:
1. What specific types of activities are regulated?
2. In what areas have regulations been extended or retracted?
3. What employee groups are excluded or exempted from various
regulations?
4. How do administrative agencies interact with employers and unions in
implementing laws and regulations?
OVERVIEW
Statutory employment laws result from the interaction of the positions of a
variety of interest groups in society. When a pluralistic coalition of interest
groups emerges, the climate necessary for passage is created. 1 New laws
or the amendment of existing laws requires the bonding of interest groups
1 For an extended and insightful treatment of the interaction between labor organizations
and the state, see R. J. Adams,”The Role of the State in Industr ...
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Savanah Holcomb
1. The difference between administrative agency and the federal government is that the administrative
agency deals with the federal government. The administrative agency carry's out the laws that deal with
the legislative branch of the federal government (Textbook, sec 6-1a, para 1).
2. Yes businesses and individuals should be concerned with the structure of administrative agencies.
Administrative agencies have the right to make legal decisions when it comes to laws affecting business
(Textbook, sec 6-1a, para 2). Therefore any decisions made by the agencies can directly affect one and
their business.
3. The agency makes the rules and makes sure those rules are being met. They have the power to check
anything going against the rules (Textbook, sec 6-1b, para 2).
4. One example would be the subscribers of comcast noticing that comcast was iinterfering with their
social media networking. Comcast was charging more depending on user content and applications. The
courts opinion stated that the FCC had nothing stopping them from doing that and therefore they could
not change anything (Textbook, sec 6-2b, para 3).
Alyssa LaMaina
1. The administrative agency does not make the final decisions. An example of this is in chapter 6-page
90 case summary. At the end of the case summary, the result is to leave the final decision to the
executive and legislative branches that the tripartite has.
2. I do not think individuals or businesses should be concerned with the structure of the administrative
agencies because they seem open to the public as to what is going on in the agency. For example, the
open meeting law is described as the federal government requiring that most meetings be open to the
public. This allows the public to know what steps the agencies are taking to prevent administrative
misconduct. An administrative agency also has the power to make laws regulating from public input. Just
from reading this, as a part of the public, it seems like the administrative agencies are very open and
willing to hear from the public and even use their input in making decisions and changing laws.
3. The procedural and operating requirements of an administrative agency are accessed in 3 ways 1.
open meetings 2. open records and 3. public announcementof agency guidelines.
4. One example in Chapter 6 Case summary’s is an agency trying to regulate hot air. In 1999, a group of
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Chapter 22 THE LAW AND TALENT MANAGEMENTWayne F. Cascio, HEstelaJeffery653
Chapter 2
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Wayne F. Cascio, Herman Aguinis
Learning Goals
By the end of this chapter, you will be able to do the following:
· 2.1 Describe the framework of the U.S. legal system
· 2.2 Describe alternative legal routes for complaints against an employer’s employment practices
· 2.3 Explain the two major legal theories of unfair employment discrimination
· 2.4 Understand the major legal principles that define key civil rights laws
· 2.5 Identify the six exemptions to Title VII coverage
· 2.6 Define sexual harassment and identify preventive steps employers should take
· 2.7 Know when you can and cannot justify “English-only” rules in the workplace
· 2.8 Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause
Comprehensive employment-related legislation, combined with increased motivation on the part of individuals to rectify unfair employment practices, makes the legal aspects of employment among the most dominant issues in human resource management today. All three branches of the federal government have been actively involved in ongoing efforts to guarantee equal employment opportunity (EEO) as a fundamental individual right, regardless of race, color, age, gender, religion, national origin, or disability.
All aspects of the employment relationship, including initial screening, recruitment, selection, placement, compensation, training, promotion, and performance management, have been addressed by legislative and executive pronouncements and by legal interpretations from the courts. With growing regularity, I/O psychologists and HR professionals are being called on to work with attorneys, the courts, and federal regulatory agencies. It is imperative, therefore, to understand thoroughly the rights as well as obligations of individuals and employers under the law and to ensure that these are translated into everyday practice in accordance with legal guidelines promulgated by federal regulatory agencies. Affirmative action involves a proactive examination of whether equality of opportunity exists. If it does not, a plan is implemented for taking concrete measures to eliminate the barriers and to establish true equality (Society for Human Resource Management, 2016b). Affirmative action has become a fact of modern organizational life. To ignore it is to risk serious economic, human, and social costs.
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The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
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You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some .
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Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
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You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
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Clue: What words or phrases are ambiguous in the manager’s response?
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Public Administration Review
PUBLIC ADMINISTRATION AND THE DISCIPLINES
Full Access
Collaborative Governance: Integrating Management, Politics, and Law
Lisa Blomgren Amsler
Abstract
Scholars have engaged in an ongoing dialogue about the relationships among management, politics, and law in public administration. Collaborative governance presents new challenges to this dynamic. While scholars have made substantial contributions to our understanding of the design and practice of collaborative governance, others suggest that we lack theory for this emerging body of research. Law is often omitted as a variable. Scholarship generally does not explicitly include collaboration as a public value. This article addresses the dialogue on management, politics, and law with regard to collaborative governance. It provides an overview of the current legal framework for collaborative governance in the United States at the federal, state, and local levels of government and identifies gaps. The institutional analysis and development framework provides a body of theory that incorporates rules and law into research design. The article concludes that future research on collaborative governance should incorporate the legal framework as an important variable and collaboration as a public value.
Practitioner Points
· In designing public engagement and collaborative processes, public managers must consider the legal framework that governs their action.
· Relevant law varies across the federal, state, and local arenas and shapes design choices.
· Collaboration itself is an important value to the public and stakeholders.
· Public managers must acquire an understanding of basic constitutional and administrative law to plan effective public engagement and collaborative governance.
· In seeking to innovate, public managers should consider what the relevant legal framework is and consult with legal counsel. However, they should also consider the likelihood that in-house counsel may be risk averse.
· When innovation presents a case of first impression, one for which there is no case law, managers should ask not whether they can innovate by using participatory and collaborative processes but how to do it consistent with their legal authority.
Public administration scholars have engaged in an ongoing dialogue about the relationships among management, politics, and law in public agencies’ work (Christensen, Goerdel, and Nicholson-Crotty
2011; Rosenbloom
1983,
2013). Collaborative governance presents a new challenge for this dialogue. As an umbrella term, it describes various system designs and processes through which public agencies work together with the private sector, civil society, and the public to ide ...
C H A P T E R 15 Collective BargainingEmployees join unions TawnaDelatorrejs
C H A P T E R 15 Collective Bargaining
Employees join unions to gain some influence over their working conditions and wages; that influence is achieved through the process called collective bargaining. Section 8(d) of the National Labor Relations Act (NLRA) defines collective bargaining as [t]he performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder. . . . This process of meeting and discussing working conditions is actually a highly stylized and heavily regulated form of economic conflict. Within the limits of conduct spelled out by the National Labor Relations Board (NLRB) under the NLRA, the parties exert pressure on each other to force some concession or agreement. The union’s economic pressure comes from its ability to withhold the services of its members—a strike. The employer’s bargaining pressure comes from its potential to lock out the employees or to permanently replace striking workers. The NLRB and the courts, through their interpretation and administra- tion of the NLRA, have limited the kinds of pressure either side may exert and how such pressure may be applied. This chapter examines the collective bargaining process and the legal limits placed on that process.
15-1 The Duty to Bargain
An employer is required to recognize a union as the exclusive bargaining representa- tive of its employees when a majority of those employees support the union. The union may demonstrate its majority support either through signed authorization cards or by winning a representation election. Once aware of the union’s majority support, the employer must recognize and bargain with the union according to the process spelled out in Section 8(d). Section 8(a)(5) makes it an unfair labor practice for an employer to refuse to bargain with the representative of its employees, and Section 8(b)(3) makes it an unfair practice for a union representing a group of employees to refuse to bargain with their employer. Although the NLRA imposes an obligation to bargain collectively upon both employer and union, it does not control the results of the bargaining process. Section 8(d) makes it clear that the obligation to bargain “does not compel either party to agree to a proposal or require the making of a concession.” The act thus reflects an ambivalence regarding the duty to bargain in good faith. The parties, to promote industrial relations harmony, are required to come together and negotiate, but in deference to the principle of freedom of contract, they are not required to reach an agreement. This tension between the goal of promoting industrial peace and the principle of freedom of contract underlies the various NLRB and court decisions dealing with the duty to bargain. The accommodation of these conflicting ideas makes the ar ...
1 (Slip Opinion) OCTOBER TERM, 2017
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
EPIC SYSTEMS CORP. v. LEWIS
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE SEVENTH CIRCUIT
No. 16–285. Argued October 2, 2017—Decided May 21, 2018*
In each of these cases, an employer and employee entered into a con-
tract providing for individualized arbitration proceedings to resolve
employment disputes between the parties. Each employee nonethe-
less sought to litigate Fair Labor Standards Act and related state law
claims through class or collective actions in federal court. Although
the Federal Arbitration Act generally requires courts to enforce arbi-
tration agreements as written, the employees argued that its “saving
clause” removes this obligation if an arbitration agreement violates
some other federal law and that, by requiring individualized proceed-
ings, the agreements here violated the National Labor Relations Act.
The employers countered that the Arbitration Act protects agree-
ments requiring arbitration from judicial interference and that nei-
ther the saving clause nor the NLRA demands a different conclusion.
Until recently, courts as well as the National Labor Relations Board’s
general counsel agreed that such arbitration agreements are enforce-
able. In 2012, however, the Board ruled that the NLRA effectively
nullifies the Arbitration Act in cases like these, and since then other
courts have either agreed with or deferred to the Board’s position.
Held: Congress has instructed in the Arbitration Act that arbitration
agreements providing for individualized proceedings must be en-
forced, and neither the Arbitration Act’s saving clause nor the NLRA
suggests otherwise. Pp. 5–25.
——————
* Together with No. 16–300, Ernst & Young LLP et al. v. Morris et al.,
on certiorari to the United States Court of Appeals for the Ninth Cir-
cuit, and No. 16–307, National Labor Relations Board v. Murphy Oil
USA, Inc., et al., on certiorari to the United States Court of Appeals for
the Fifth Circuit.
2 EPIC SYSTEMS CORP. v. LEWIS
Syllabus
(a) The Arbitration Act requires courts to enforce agreements to
arbitrate, including the terms of arbitration the parties select. See 9
U. S. C. §§2, 3, 4. These emphatic directions would seem to resolve
any argument here. The Act’s saving clause—which allows courts to
refuse to enforce arbitration agreements “upon such grounds as exist
at law or in equity for the revocation of any contract,” §2—recognizes
only “ ‘generally applicable contract defenses, such as fraud, duress,
or uncons.
This document discusses labor law and employment law. It explains that employment law regulates the employment relationship between employers and employees by creating rights and responsibilities. The key aspects of employment law covered are creating employment through recruitment and hiring, maintaining employment by establishing contractual terms and conditions or statutory rights, and terminating employment which includes dismissals and potential litigation. The document also briefly discusses English civil law as it relates to resolving employment disputes through compensation or injunctions in employment tribunals.
Similar to Public Sector Bargaining Legislationand Strikes A Case St.docx (15)
APA, The assignment require a contemporary approach addressing Race,.docxamrit47
APA, The assignment require a contemporary approach addressing Race, Gender, and Crime. All work will include an introduction and a cogent thesis. The literature review will include a body of knowledge inclusive of in text citations, and supporting relevant references. The paper should end with discussions that highlight the future of the CJS. A conclusion of the literature review will end the written assignment. The assignment will consist of 2000 words. Reference page along with 6 peer reviewed references and course textbook.
.
APA style and all questions answered ( no min page requirements) .docxamrit47
APA style and all questions answered ( no min page requirements)
Diagnostic Techniques -
Pick any two diseases that require diagnostic tests to identify them from the body system. Use one of the body systems: cardiovascular, respiratory, renal, hepatobiliary, lymphatic, reproductive or nervous systems. For each of the diseases, explain:
Why is a particular test recommended?
How does the test work?
What information is obtained from the diagnostic test regarding the disease?
Does the diagnosis need confirmation with another diagnostic test?
.
Apa format1-2 paragraphsreferences It is often said th.docxamrit47
Apa format
1-2 paragraphs
references
It is often said that people today are no longer loyal to organizations. Yet employees are loyal to their direct supervisor. This discussion question asks you to evaluate and apply your understanding of followership theory. Reflect on any techniques for understanding, achieving, and positively applying organizational and personal power and influence as a follower.
When effective leaders leave an organization to move on to another organization, they often take at least one or two employees. Employees who respect a leader and have generated a relationship and bond want to work under that leader. One indicator of effective leaders is communication skills in which a leader is attuned to the needs of each employee.
REAL-LIFE APPLICATION: Discuss a leader with whom you are familiar and who has the loyalty of his or her direct reports. Alternatively, you might interview a friend or family member about their experiences or you may research a well-known leader. Address the following in your response.
Evaluate how this leader earns respect and loyalty from his or her employees.
If you were in a leadership position, what methods would you implement to inspire, motivate, and empower your employees?
Support your discussion with at least one scholarly article and, if relevant, credible media reports, and cite each source using APA style.
.
APA format2-3 pages, double-spaced1. Choose a speech to review. It.docxamrit47
APA format2-3 pages, double-spaced
1. Choose a speech to review. It can be any type (informative, persuasive, special occasion). It should be between 7-20 minutes. You may search Youtube for videos of speeches (TED talks, commencement speeches, public addresses by government etc).
Copy the link of the video you've chosen to your submission form.
2. Analyze the speech content and speaker delivery, paying attention to:
what the message is
how the message is organized
nonverbal cues (tone, pitch, pauses, gestures etc)
the context in which the message is being delivered
3. Provide your opinion on the speech and speaker delivery.
What do you think the intention of the speaker is?
Does the effect on the audience seem to follow that intention?
What did you like about the speech?
Is it appropriate for the context; why?
Be sure to attach your essay as a .doc or .rtf file and make sure to proofread for spelling and grammar errors.
.
APA format httpsapastyle.apa.orghttpsowl.purd.docxamrit47
APA format
https://apastyle.apa.org/
https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/general_format.html
Min number of pages are 30 pages
Must have
Contents with page numbers
Abstract
Introduction
The problem
Are there any sub-problems?
Is there any issue need to be present in relation to the problem?
The solutions
Steps of the solutions
Compare the solution to other solution
Any suggestion to improve the solution
Conclusion
References
Research Paper topic:
Computer Security Objects Register
https://csrc.nist.gov/Projects/Computer-Security-Objects-Register
The Computer Security Objects Register (CSOR) specifies names that uniquely identify CSOs. These unique names are used to reference these objects in abstract specifications and during the negotiation of security services for a transaction or application.
The studies must look at different algorithms used CSOR and the benefits of using CSOR
.
APA format2-3 pages, double-spaced1. Choose a speech to review. .docxamrit47
APA format2-3 pages, double-spaced
1. Choose a speech to review. It can be any type (informative, persuasive, special occasion). It should be between 7-20 minutes. You may search Youtube for videos of speeches (TED talks, commencement speeches, public addresses by government etc).
Copy the link of the video you've chosen to your submission form.
2. Analyze the speech content and speaker delivery, paying attention to:
what the message is
how the message is organized
nonverbal cues (tone, pitch, pauses, gestures etc)
the context in which the message is being delivered
3. Provide your opinion on the speech and speaker delivery.
What do you think the intention of the speaker is?
Does the effect on the audience seem to follow that intention?
What did you like about the speech?
Is it appropriate for the context; why?
Be sure to attach your essay as a .doc or .rtf file and make sure to proofread for spelling and grammar errors.
.
APA Formatting AssignmentUse the information below to create.docxamrit47
APA Formatting Assignment
Use the information below to create a reference list using proper APA formatting
1)
Authors: Christina Jane Jones, Helen Smith and Carrie Llewellyn
Title: Evaluating the effectiveness of health belief model interventions in improving adherence: a
systematic review
Publication Year: 2014
Journal: Health Psychology Review, Vol. 8, No. 3, 253_269
DOI: 10.1080/17437199.2013.802623
2)
Authors: Mohammad Bagherniya, Ali Taghipour, Manoj Sharma, Amirhossein Sahebkar, Isobel R.
Contento, Seyed Ali Keshavarz, Firoozeh Mostafavi Darani and Mohammad Safarian
Title: Obesity intervention programs among adolescents using social cognitive theory: a systematic
literature review
Publication Year: 2018
Journal: Health Education Research, Vol. 33, No. 1, 26_39
3)
Authors: Christine Y. K. Lau, Kris Y. W. Lok, Marie Tarrant
Title: Breastfeeding Duration and the Theory of Planned Behavior and Breastfeeding Self-Efficacy
Framework: A Systematic Review of Observational Studies
Publication Year: 2018
Journal: Maternal and Child Health Journal, Vol. 22, 327_342
DOI: 10.1007/s10995-018-2453-x
4)
Authors: Amy E. Bodde, Dong-Chul Seo
Title: A review of social and environmental barriers to physical activity for adults with intellectual
disabilities
Publication Year: 2009
Journal: Disability and Health Journal, Vol. 2, 57_66
5)
Authors: Linda Irvine, Ambrose J. Melson, Brian Williams, Falko F. Sniehotta, Gerry Humphris, Iain K.
Crombie
Title: Design and development of a complex narrative intervention delivered by text messages to reduce
binge drinking among socially disadvantaged men
Publication Year: 2018
Journal: Pilot and Feasibility Studies, Vol. 4, No.105, 1_11
.
APA style300 words10 maximum plagiarism Mrs. Smith was.docxamrit47
APA style
300 words
10% maximum plagiarism
Mrs. Smith was a 73-year-old widow who lived alone with no significant social support. She had been suffering from emphysema for several years and had had frequent hospitalizations for respiratory problems. On the last hospital admission, her pneumonia quickly progressed to organ failure. Death appeared to be imminent, and she went in and out of consciousness, alone in her hospital room. The medical-surgical nursing staff and the nurse manager focused on making Mrs. Smith’s end-of-life period as comfortable as possible. Upon consultation with the vice president for nursing, the nurse manager and the unit staff nurses decided against moving Mrs. Smith to the palliative care unit, although considered more economical, because of the need to protect and nurture her because she was already experiencing signs and symptoms of the dying process. Nurses were prompted by an article they read on human caring as the “language of nursing practice” (Turkel, Ray, & Kornblatt, 2012) in their weekly caring practice meetings.
The nurse manager reorganized patient assignments. She felt that the newly assigned clinical nurse leader who was working between both the medical and surgical units could provide direct nurse caring and coordination at the point of care (Sherman, 2012). Over the next few hours, the clinical nurse leader and a staff member who had volunteered her assistance provided personal care for Mrs. Smith. The clinical nurse leader asked the nurse manager whether there was a possibility that Mrs. Smith had any close friends who could “be there” for her in her final moments. One friend was discovered and came to say goodbye to Mrs. Smith. With help from her team, the clinical nurse leader turned, bathed, and suctioned Mrs. Smith. She spoke quietly, prayed, and sang hymns softly in Mrs. Smith’s room, creating a peaceful environment that expressed compassion and a deep sense of caring for her. The nurse manager and nursing unit staff were calmed and their “hearts awakened” by the personal caring that the clinical nurse leader and the volunteer nurse provided. Mrs. Smith died with caring persons at her bedside, and all members of the unit staff felt comforted that she had not died alone.
Davidson, Ray, and Turkel (2011) note that caring is complex, and caring science includes the art of practice, “an aesthetic which illuminates the beauty of the dynamic nurse-patient relationship, that makes possible authentic spiritual-ethical choices for transformation—healing, health, well-being, and a peaceful death” (p. xxiv). As the clinical nurse leader and the nursing staff in this situation engaged in caring practice that focused on the well-being of the patient, they simultaneously created a caring-healing environment that contributed to the well-being of the whole—the emotional atmosphere of the unit, the ability of the clinical nurse leader and staff nurses to practice caringly and competently, and the qualit.
APA format1. What are the three most important takeawayslessons.docxamrit47
APA FORMAT
1. What are the three most important takeaways/lessons from the material provided in this module? (150 words or more)
2. Drawing on the material that was provided what else would like to know? What other related questions/ideas/topics would you like to explore in the future? (100 words or more)
3. What is lobbying? What role does it play in the relationship between government and business? (100 words or more)
.
APA General Format Summary APA (American Psychological.docxamrit47
APA General Format
Summary
APA (American Psychological Association) style is most commonly used to cite sources within
the social sciences. This resource, revised according to the 6th edition, second printing of the
APA manual, offers examples for the general format of APA research papers, in-text citations,
endnotes/footnotes, and the reference page. For more information, please consult the Publication
Manual of the American Psychological Association, (6th ed., 2nd printing).
Contributors: Joshua M. Paiz, Elizabeth Angeli, Jodi Wagner, Elena Lawrick, Kristen Moore,
Michael Anderson, Lars Soderlund, Allen Brizee, Russell Keck
Last Edited: 2016-05-13 12:06:24
Please use the example at the bottom of this page to cite the Purdue OWL in APA.
To see a side-by-side comparison of the three most widely used citation styles, including a chart
of all APA citation guidelines, see the Citation Style Chart.
You can also watch our APA vidcast series on the Purdue OWL YouTube Channel.
General APA Guidelines
Your essay should be typed, double-spaced on standard-sized paper (8.5" x 11") with 1" margins
on all sides. You should use a clear font that is highly readable. APA recommends using 12 pt.
Times New Roman font.
Include a page header (also known as the "running head") at the top of every page. To create
a page header/running head, insert page numbers flush right. Then type "TITLE OF YOUR
PAPER" in the header flush left using all capital letters. The running head is a shortened
version of your paper's title and cannot exceed 50 characters including spacing and punctuation.
Major Paper Sections
Your essay should include four major sections: The Title Page, Abstract, Main Body,
and References.
Title Page
The title page should contain the title of the paper, the author's name, and the institutional
affiliation. Include the page header (described above) flush left with the page number flush right
at the top of the page. Please note that on the title page, your page header/running head should
look like this:
Running head: TITLE OF YOUR PAPER
Pages after the title page should have a running head that looks like this:
TITLE OF YOUR PAPER
http://owl.english.purdue.edu/owl/resource/949/01/
http://www.youtube.com/playlist?list=PL8F43A67F38DE3D5D&feature=edit_ok
http://www.youtube.com/user/OWLPurdue
After consulting with publication specialists at the APA, OWL staff learned that the APA 6th
edition, first printing sample papers have incorrect examples of Running heads on pages after
the title page. This link will take you to the APA site where you can find a complete list of all the
errors in the APA's 6th edition style guide.
Type your title in upper and lowercase letters centered in the upper half of the page. APA
recommends that your title be no more than 12 words in length and that it should not contain
abbreviations or words that serve no purpose. Your title may take up one or two l.
Appearance When I watched the video of myself, I felt that my b.docxamrit47
Appearance
When I watched the video of myself, I felt that my black straight skirt, closed toed shoes and white collared shirt gave a professional appearance and more credibility with the audience. My hair was a little too casual. I wished I had that one strand tacked back so it would have stayed out of my eyes. This made it hard for the audience to see my face and was distracting when I had to keep tucking it back. My earrings were small so the audience would watch me and not my jewelry. I wasn’t standing up straight and it made me look less confident. I need to remember to have better posture when speaking.Organizational Pattern
My introduction was slow and clear and the story was suspenseful enough to grab their attention. It was a little confusing at the beginning because I didn’t preview the main points but because I transitioned well between the steps by saying, “Now that you have completed step 1, selecting the pattern, you are ready to move to step two, preparing the wood” the audience was able to follow. I remembered to state my research source for two of the steps but forgot the third. It made the third step seem shallower and I think I lost credibility. My word choice was good. I made sure to use a variety of descriptive words for the types of wood, explained new vocabulary and repeated phrases to help the audience remember the steps. For some reason the ending was weak. I didn’t tie it to the introduction or have a good ending sentence. It would have been a good idea to remind them of the beginning story and how woodworking affects their everyday life.Vocal Qualities
During my speech I had such a dry mouth that I messed up on the pronunciation of some of the words like saying “exspecially” instead of “especially.” This sounded less professional to the audience. I had good projection so that even the back row could hear without straining. My pitch variation is getting better but I still keep using the same rhythm with my pauses. This make me sound more monotone, like I’m reading the speech rather than just having a conversation. I’ll need to practice changing my rate and pauses. I also noticed many of my sentences end in an up-pitch, like I’m asking a question. If I bring some of those down it will make me appear more confident rather than questioning. It is hard to get rid of those filler words. “Like” and “so” are two of my favorites but it does make me sound like a teenager. I had no idea I said them so much.Delivery
There weren’t many gestures, which made me look stiff and nervous. I just held my note cards and stood in one spot the whole time. I need to do more with my hands and maybe move a little more in the space. I really admire the people in class who have such a good flow with their delivery from gestures to using the space around them purposefully. I felt I held my note cards too close to my face and had my head down most of the time. While watching the video, I noticed I looked at my cards and the poster a l.
apa format1-2 paragraphsreferencesFor this week’s .docxamrit47
apa format
1-2 paragraphs
references
For this week’s discussion, choose a current social movement from anywhere in the world. Then, using the required readings, videos, and your own research, discuss the “role these leaders” play in your chosen social movement. In addition, describe any group or collective processes that you discovered. Use specific examples to make major points.
Support your writing with at least two scholarly sources that are
in addition
to required reading.
.
APA Format, with 2 references for each question and an assignment..docxamrit47
APA Format, with 2 references for each question and an assignment.
1. Some say that analytics in general dehumanize managerial
activities, and others say they do not. Discuss arguments
for both points of view.
3. What are some of the major privacy concerns in employing
intelligent systems on mobile data?
4. Identify some cases of violations of user privacy from
current literature and their impact on data science as a
profession.
Ex.2. Search the Internet to find examples of how intelligent
systems can facilitate activities such as empowerment,
mass customization, and teamwork.
Reflective Assignment:
What has been significant about this course that will help you perform data science tasks in the future.
.
APA-formatted 8-10 page research paper which examines the potential .docxamrit47
APA-formatted 8-10 page research paper which examines the potential psychological impact of long-term exposure to mass media messages on the major issues surrounding political advertising and political campaigns in the United States and why it is currently relevant and impacts society.
12 Point Times New Roman Font
Double Spaced
Please include research that supports ideas and topics related to political advertising and political campaigns in the United States.
.
APA STYLE 1.Define the terms multiple disabilities and .docxamrit47
APA STYLE
1.Define the terms
multiple disabilities
and
deaf-blindness
as described in the Individuals with Disabilities Act (IDEA)
2.Identify three types of educational assessments for students with severe and multiple disabilities.
3.Identify the features of effective services and supports for children with severe and multiple disabilities during a) early childhood years and b) elementary school years.
4. Distinguish between the term
deaf
and
hard of hearing
5.
Identify 4 approaches to teaching communication skills to people with a hearing loss.
6.
What are the distinctive features of refractive eye problems, muscle disorders of the eye and receptive eye problems?
7.Describe two content areas that should be included in educational programs for students with vision loss.
8. Identify several disabilities that may accompany cerebral palsy.
9.What is spina bifida myelomeningocele?
10.Describe the physical limitations associated with muscular distrophy
11.Describe the AIDS disease stages through which individuals with the syndrome move
12.Identify present and future interventions for the treatment of children and youth with cystic fibrosis.
.
APA STYLE follow this textbook answer should be summarize for t.docxamrit47
APA STYLE
follow this textbook answer should be summarize for this below text
Study all types of Distributive Justice (6 or 7 total)
Summarize each in
one sentence
. Produce examples for each.
Don't use
any other text or article except this one.
There are different theories of how to make the basic distribution. Among them are:
1. Scope and Role of Distributive Principles
2. Strict Egalitarianism
3. The Difference Principle
4. Equality of Opportunity and Luck Egalitarianism
5. Welfare-Based Principles
6. Desert-Based Principles
7. Libertarian Principles
8. Feminist Principles
There are different theories of how to make the basic distribution. Among them are:
Strict Egalitarianism
One of the simplest principles of distributive justice is that of strict, or radical, equality. The principle says that every person should have the same level of material goods and services. The principle is most commonly justified on the grounds that people are morally equal and that equality in material goods and services is the best way to give effect to this moral ideal.
The Difference Principle
The most widely discussed theory of distributive justice in the past four decades has been that proposed by John Rawls in
A Theory of Justice
, (Rawls 1971), and
Political Liberalism
, (Rawls 1993). Rawls proposes the following two principles of justice:
· 1. Each person has an equal claim to a fully adequate scheme of equal basic rights and liberties, which scheme is compatible with the same scheme for all; and in this scheme the equal political liberties, and only those liberties, are to be guaranteed their fair value.
· 2. Social and economic inequalities are to satisfy two conditions: (a) They are to be attached to positions and offices open to all under conditions of fair equality of opportunity; and (b), they are to be to the greatest benefit of the least advantaged members of society. (Rawls 1993, pp. 5–6. The principles are numbered as they were in Rawls' original
A Theory of Justice
.)
Equality of Opportunity and Luck Egalitarianism
Dworkin proposed that people begin with equal resources but be allowed to end up with unequal economic benefits as a result of their own choices. What constitutes a just material distribution is to be determined by the result of a thought experiment designed to model fair distribution. Suppose that everyone is given the same purchasing power and each uses that purchasing power to bid, in a fair auction, for resources best suited to their life plans. They are then permitted to use those resources as they see fit. Although people may end up with different economic benefits, none of them is given less consideration than another in the sense that if they wanted somebody else's resource bundle they could have bid for it instead.
In Dworkin's proposal we see his attitudes to ‘ambitions’ and ‘endowments’ which have become a central feature of luck egalitarianism (though under a wide variety of al.
APA7Page length 3-4, including Title Page and Reference Pag.docxamrit47
APA7
Page length: 3-4, including Title Page and Reference Page.
Discuss and explore the synergy that RFID technology & Time Based Competition has had on the grocery retail industry. Are the two concepts compatible? And then explain. Provide real-world scenarios, which reflect Time Base Competition.
video on
RFID in Logistics
.
APA format, 2 pagesThree general sections 1. an article s.docxamrit47
This document outlines the three main sections required for an APA format summary of a research article that is 2 pages in length: 1) A summary of the article, 2) An explanation of how the article relates to psychology and human behavior, specifically discussing the meaning and implications of the results, 3) A reaction to the article providing thoughts on whether the results were interesting, surprising, or common sense.
APA Style with minimum of 450 words, with annotations, quotation.docxamrit47
APA Style with minimum of 450 words, with annotations, quotations and 3 references.
. Mass vaccination after a disaster:
There was a natural disaster that occurred and has led to an infectious disease outbreak (your choice of one that is vaccine-preventable). Those affected by the disaster are settled in temporary locations with high population densities, inadequate food and shelter, unsafe water, poor sanitation and infrastructure that has been compromised or destroyed. There is a vaccine available for the infectious disease but there are not enough doses to give to all who are at-risk due to the natural disaster.
You are the public health official in charge of infectious disease prevention. Devise a plan to administer the vaccine to the population. Will you use a lottery system or target specific sub-populations? How will you track and monitor those who are vaccinated? Use the attributes of the infectious disease to provide reasoning behind your plan. What other prevention techniques that can be used to supplement the vaccination plan?
.
APA FORMAT1. What are the three most important takeawayslesson.docxamrit47
APA FORMAT
1. What are the three most important takeaways/lessons from the material provided in this online course (the entire quarter) and why? (150 words or more)
2. How did the material provided in this course assist your growth as a student and as an individual, in general? (150 words or more).
.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
Assessment and Planning in Educational technology.pptxKavitha Krishnan
In an education system, it is understood that assessment is only for the students, but on the other hand, the Assessment of teachers is also an important aspect of the education system that ensures teachers are providing high-quality instruction to students. The assessment process can be used to provide feedback and support for professional development, to inform decisions about teacher retention or promotion, or to evaluate teacher effectiveness for accountability purposes.
हिंदी वर्णमाला पीपीटी, hindi alphabet PPT presentation, hindi varnamala PPT, Hindi Varnamala pdf, हिंदी स्वर, हिंदी व्यंजन, sikhiye hindi varnmala, dr. mulla adam ali, hindi language and literature, hindi alphabet with drawing, hindi alphabet pdf, hindi varnamala for childrens, hindi language, hindi varnamala practice for kids, https://www.drmullaadamali.com
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Public Sector Bargaining Legislationand Strikes A Case St.docx
1. Public Sector Bargaining Legislation
and Strikes: A Case Study
By CHARLES R. GREER
Assistant Professor of Management, College of Business
Admin-
istration, Oklahoma State University.
TH E RAPID GROWTH OF PUBLIC SECTOR UNIONS
hascreated problems for state and local governments. States
have
reacted to this trend for unionization in a variety of ways. Some
states
have passed relatively comprehensive labor legislation while
others
have no such legislation.^ A question which has been the
subject of
recent research efforts concerns the relationship between public
sec-
tor labor relations legislation and the incidence of strikes. The
purpose
of this article is to contribute to the body of knowledge by
analyzing
the relationship between Oklahoma's public employee labor
relations
legislation and a serious failure in employer and employee
relations.
This failure was the Oklahoma City police strike in 1975.
Before analyzing
Oklahoma's public sector labor legislation and the strike
experience,
2. a review of the literature regarding legislation and public sector
strikes
is in order.
Some students of industrial relations have maintained that states
may prevent some strikes and work interruptions by the
adoption of
collective bargaining and impasse resolution procedures. Bakke
has
argued for giving public sector employees the right to bargain
collec-
tively while requiring both unions and employers to bargain in
good
faith. This procedure prevents employees from pursuing strikes
and
other such tactics as their only alternative for obtaining desired
results.^
A similar conclusion is reached by Seidman. "While there are
differences of opinion over the most desirable type of
legislation, and
while no legislation will solve all problems, in the.absence of
legisla-
tion the parties must depend on ad hoc procedures, with their
rights and
duties in doubt, the scope of bargaining uncertain, and no
agency to
determine bargaining units or conduct elections . . . Union-
manage-
ment relationships are likely to be most satisfactory where the
law
establishes exclusive bargaining rights for the majority union
rather than a
system of proportional representation and where the employing
agency has
4. a state's first public sector legislation
was found positively correlated to strike
frequency and strike duration for teach-
ers. No similar relationship was found,
bowever, for local employees (other
than teachers, police and firefighters)
and state employees. The comprehen-
siveness of public sector collective bar-
gaining legislation was also found
positively correlated to strike frequency
and duration and an index of man-days
idle for teachers. Similar correlations
were found only between the compre-
hensiveness of such legislation and
strike duration for other local em-
ployees. No such correlations were
found for state employees.*
In a comprehensive empirical study
of strikes in local government, during
the years from 1968 to 1971, Burton
and Krider found that, ". . . the statu-
tory prohibition on strikes has little
apparent impact on the incidence of
strikes, nor does the enactment of a
law either prohibiting or encouraging
collective bargaining by public em-
ployees appear to affect materially the
number of local government strikes . . .
Those states that encourage collective
bargaining because they believe this
is a meritorious way to determine work-
ing conditions for public employees
do not incur a rasb of strikes as a
result."6
5. In another empirical study, Kocban
found states' environmental character-
istics (economic, social, political and
industrial relations subenvironment)
to be related to their public policies
(such as public employee labor rela-
tions legislation). Therefore, studies
of the effects of such policies (such
as public sector strikes) should con-
trol for environmental characteristics.'̂
Kochan's findings seem to imply the
following: It would make little sense
to compare the incidence of public
sector strikes in two states having
different public sector labor relations
legislation without controlling for the
fact that those states may vary widely
in environmental characteristics.
It can be concluded from this review
of the literature that the relationship
between legislation and public sector
strikes is complex. It cannot be as-
sumed, as have some politicians, that
passage of such legislation must result
in more public sector strikes. In order
to obtain additional information con-
cerning the legislation and strike re-
lationship, a case study approach is
employed in this analysis. The case
' Seidman, Joel. "State Legislation on
Collective Bargaining by Public Employees,"
Labor Laiv Journal. Vol. 22 (January 1971),
p. 21.
6. * Burton, John F., Jr. and Krider, Charles
E. "The Incidence of Strikes in Public Em-
ployment," in Hamermesh, Daniel S., ed.
Labor in the Public and Nonprofit Sectors,
Princeton, New Jersey: Princeton Univer-
sity Press, 1975, pp. 135-177.
242
^' Perry, James L. "Public Policy and Pub-
lic Employee Strikes," Industrial Relations,
Vol. 16 (October 1977), pp. 273-282.
° Burton and Krider, op. eit., p. 171.
' Kochan, Thomas A. "iCorrelates of State
Public Employee Bargaining Laws," In-
dustrial Relations, Vol. 12 (October 1973),
pp. 322-337.
April, 1978 o Labor Law Journal
study approach has the advantage of
allowing consideration of some of the
environmental characteristics which may
affect the relationship. Before examin-
ing the police strike experience in Ok-
lahoma City, it is necessary to review
Oklahoma's public employee labor re-
lations legislation.
The Legislative Environment
7. On March 11, 1971, the Oklahoma
Firefighters' and Policemen's Arbitra-
tion Act became effective.* In its ini-
tial version,® the law provided fire-
fighters and policemen the right to
bargain collectively. Municipal authori-
ties were required to meet and confer
in good faith. There was provision
for interest arbitration. If agreement
On a contract could not be reached
within 30 days after the commencement
of negotiations, unresolved issues were
to be submitted to arbitration if either
party requested. The arbitration pro-
vision specified that the arbitration
panel's ruling would be binding on the
union if the municipal authorities adopted
the decision but that the municipal
authorities would not be bound by the
ruling.
Unions were denied the right to strike.
Penalties were provided for municipal
authorities found in violation of the
good faith bargaining requirements.
In 1972, the law was amended^" to
include coverage of other municipal
employees. In addition, a Public Em-
ployees Relations Board was created to
administer the Act. The Board was
granted authority to "adopt, promul-
gate, amend or rescind such rules and
regulations as it deems necessary and
administratively feasible to carry out
8. the Provisions . . ."̂ ^ of the Act.
Unfair labor practices applicable to
the municipal authorities were: 8. a.
(1) interfering with, restraining, in-
timidating or coercing employees ex-
ercising their rights; (2) domination
of or interference with the union ; (3)
interference with the selection of em-
ployee bargaining agents; (4) dis-
criminatory treatment of employees
giving testimony under the Act or
electing to be represented by a bar-
gaining agent; (5) refusal to bargain
in good faith ; and (6) locking out em-
ployees.
Unfair labor practices applicable to
unions were: 8. b. (1) interfering with,
restraining, intimidating or coercing
employees exercising their rights; (2)
interfering with the selection of the
employer's collective bargaining rep-
resentatives ; and (3) refusal to bar-
gain in good faith.
Since passage and amendment of the
Act, it has been subjected to several
court decisions that have narrowed its
scope.i^ The bargaining agent for the
Midwest City police charged the city
with an unfair labor practice, failure
to bargain in good faith over salaries. ̂ ^
The Midwest City v. Cravens^* case,
which was eventually decided by the
Oklahoma Supreme Court, marked the
9. demise of the Act as a com.prehensive
law governing public sector labor re-
lations. The court ruled that the Ok-
lahoma Public Employees Relations
Board had no authority to adjudicate
the unfair labor practice charge be-
cause of an unconstitutional delegation
of legislative authority to the board.
Eurthermore, the court ruled that since
' SR 115. A summary of the act appears
in the Oklahoma Law R-eview, Vol. 27 (Sum-
mer 1974), pp. 528-533.
"11 O. S. 1971.
"• 11 O. S. Supp. 1972.
" O . S. Supp. 1972, §548.4-1 subpara-
graph ( D ) .
Case Study
^' Barnett, James iR., Assistant Attorney
General, State of Oklahoma, letter dated
June 27, 1977.
^' Ibid.
'^^ Midwest City v. Cravens, Okl., 532 P.
2d 829 (1975).
243
the 1972 amendment had not met re-
10. quirements of re-enactment and pub-
lication at length, the 1972 amendment
did not confer collective bargaining
rights to municipal employees other
than police and firefighters.
The aftermath of the Midwest City
V. Cravens decision is that "the au-
thority and duties of the Oklahoma
Public Employees Relations Board
have been reduced to overseeing the
selection and election of bargaining
agents for firemen and policemen."^-''
The date of the Midwest City decision
was February 14, 1975. Within nine
months, Oklahoma City experienced
a police strike.
The Oklahoma City Police Strike
Although public sector unionization
is not as prevalent in Oklahoma^" as
in some other states, the state has
not been immune from public sector
strikes. The Oklahoma City police-
men were involved in a strike which
began on October 23, 1975.'^ A re-
view of events leading up to the
strike and its eventual resolution
provides insight into the relationship
of these events to Oklahoma's legisla-
tion governing public sector labor
relations.
The strike represented the culmina-
tion of events related to arbitration
11. of police wage demands. The police-
men's bargaining' agent (the Frater-
nal Order of Police (FOP), Lodge
123) had bargained for a 10 percent
wage increase retroactive to August
1, 1975.1* Earlier in the year, the
police had engaged in a trafific ticket
slowdown in order to persuade the
city to request arbitration of the mat-
ter.^" The city eventually requested
arbitration, although it was not ob-
ligated to accept the arbitration panel's
ruling.^" The tripartite arbitration
panel recommended that the police
be given a 10 percent wage increase
retroactive to August 1, 1975; how-
ever, the city refused to accept the
panel's ruling. Accounts of the city
council's response to the panel's rul-
ing indicated a feeling that police
raises could not be instituted without
giving comparable raises to other mu-
nicipal employees and because of the
city's inability to pay.-^
Prior to the work stoppage, the
city had made an offer of a wage in-
crease of 7 to 7.3 percent.2^ The
policemen charged that the city was
morally obligated to accept the panel's
recommendation since the city had
requested arbitration.^^ A day before
the work stoppage the police had
initiated a work slowdown.^* The
work slowdown involved failures to
12. investigate traffic accidents or answer
non-emergency calls.̂ •''
" Barnett, cited at note 12, p. 8.
" Oklahoma is somewhat unique wiith re-
spect to unionization in fhe private sector
in that it is one of the few states in the
region that does not have a right-to-vi'ork
law.
" Dryden, Dave and Tevington, Andrew.
"City Police Go on Strike," The Daily Okla-
homan. October 24, 1975, pp. 1-2.
" Dryiden, Dave. "Raises Could Mean Cut
in City Jobs, Officials Say," The Daily Okla-
homan. October 11, 1975, pp. 1-2.
" Ibid.
^̂ Tevington, Andrew. "City Officers Air
Threats in Pay Rift," The Daily Oklahoman.
October 12, 1975, pp. 1-2.
"̂ Dryden, Dave, cited at note 18.
244"
"° McCarthy, Tom. "Police Pay Bid Faces
Rejection," The Daily Oklahoman. October
20. 1975, pp. 1-2 and Dryden, Dave "Dock-
ing Strikers' Pay Probably Won't Show."
The Daily Oklahoman. October 28, 1975, p.
12.
13. -' Dryden, Dave. "Council Pair Urge Fir-
ings in Walkout," The Daily Oklahoman. Oc-
tober 14, 1975, pp. 1-2.
-' Tevington, Andrew. "Police Start Slow-
down to Protest Wage Vote," The Daily
Oklahoman. October 22, 1975, pp. 1-2.
-° Donovan. Kevin and McCarthy, Tom.
"Police Chiefs Deny Men Ignore Nonemer-
gency Calls." The Daily Oklahoman. Octo-
ber 22, 1975, pp. 1-2.
April, 1978 • Labor Law Journal
When the work slowdown failed
to cause the city to accede to the
FOP's demands, the police began a
work stoppage. In a show of force,
the policemen filed in to turn in their
badges in the city manager's office.
The FOP lodge president said the
policemen were "suspending them-
selves" rather than striking, while
the FOP's attorney termed the action
"mass resignations.''^" In a dramatic
event, an officer recovering from a
gunshot wound was carried in on a
stretcher to turn in his badge.^' Ac-
cording to accounts of the work stop-
page, 582 of the police department's
598 officers participated in the walk-
Out.28
14. Police duties during the strike were
performed by Oklahoma state high-
way patrolmen and sheriff's depart-
ment deputies. The troopers and
sheriff's deputies had been on stand-
fjy status and assumed the duties of
the police immediately following the
walk out.̂ ® Oklahoma City faced no
apparent onslaught of criminal ac-
tivity as a result of the police strike.
During the first night of the strike a
lower than normal number of calls
for police assistance were received.^"
Nevertheless, the transition of po-
lice replacements into the regular
officers' duties was not without prob-
lems. According to one source, the
main problem of the emergency re-
placements was their lack of fa-
miliarity with Oklahoma City streets.*^
Although a serious situation, accounts
of some of the problems faced by
replacements provide insight as well
as some humor. One reporter's ac-
count of some incidents follows:
" 'Now, on what authority do I
make this arrest ?' a trooper asked.
"The sergeant gave his name and
the trooper wrote it on the palm of
his hand for quick reference . . .32
"While troopers were receiving in-
15. structions in the field from Oklahoma
City police supervisors, they were
also being guided by drunks at the
city jail.
" 'Now be sure and put me on five
(cell floor),' an inebriate cautioned an
arresting trooper.
" 'I usually get beat up if they put
me on three,' he explained."*•''
These quotations, although humor-
ous, indicate that the replacements
constituted a police force which was
probably not prepared to deal with
any real crisis. Oklahoma City was
spared the misfortunes of other cities
where police strikes have occurred,
such as Boston in 1919 and Montreal
in 1969. As Burton and Krider con-
clude from the experiences of such
strikes, "In the case of strikes by
essential employees, such as police-
men, the deterioration of public order
occurs almost immediately."^''
Three days after the strike began.
it ended when the FOP accepted the
city's offer of a 9 percent across the
board wage increase. The increase
aoplied to all positions except entry
"'Dryden, Dave and Tevington, Andrew;
cited at note 17, and Dryden, Dave. "Talks
Bring No Changes in Situation" The Daily
16. Oklahoman. October 2S, 1975, pp. 1-2.
•'Dryden, Dave and Tevington, Andrew;
cited at note 17.
"' McCarthy, Tom and Donovan, Kevin.
"Emergency 'Forces Find Task Routine,"
The Dailv Oklahoman. October 24, 1975, pp
1-2.
"" Dryden, Dave and Tevington, Andrew;
cited at note 17.
Case Study
""McCarthy. Tom and Donovan, Kevin;
cited at note 28.
" Ibid.
"' Donovan, Kevin. "Duties Trying for
Busy Troopers," The Daily Oklahoman. Oc-
tober 26, 1975. p. 1.
"^ Ibid., p. 2.
"* Burton, John F., Jr. and Krider. Charles
E. "The Role and Consequences of Strikes by
Public Employees," The Yale Laze Journal,
Vol. 79 '(January 1970), p. 434.
245
levels, and was retroactive to August
17. 1, 1975. Educational incentive pay
was reduced; the officers involved in
the strike would not be paid for the
three days during the walk-out, and
would be penalized another two days'
pay for "improper action."^"
Upon conclusion of the strike, sev-
eral statements were made regarding
the experience. The city manager con-
cluded that the city should not have
gone to arbitration.*" The Daily Okla-
homan concluded that, "Arbitration
has no valid place in public employee
bargaining . . ."̂ ^ One councilman pre-
dicted tyranny through the following
causal chain: "To succumb to these
illegal acts (the strike) is to con-
tribute to the eventual destruction of
our society. Disrespect for the law
leads to anarchy, and anarchy always
leads to tyranny. . ."̂ ^ Another coun-
cilman predicted the death of his
conscience before he would vote for
giving the union benefits gained by
a work stoppage.^" It almost goes
without saying that these are extreme
statements, but ones that may convey
a notion of the emotion of those deal-
ing with the union and a major news-
paper in the state.
Emotion and inexperience on the
part of negotiators probably con-
tributed to occurrence of the strike,
but the failure of the law is apparent.
18. The power of the Public Employee
Relations Board to administer the
law had been eliminated. The law had
no provision for final resolution of
impasses. The arbitration provision
served only to intensify the dispute
by allowing the city to refuse to
abide by the panel's ruling. Unfavor-
able views of the present arbitration
procedure seem warranted, but not
for arbitration in which the award is
binding on both parties. In this case,
legislation contributed to a strike but
more comprehensive legislation with
a compulsory arbitration provision could
have eliminated the cause for the
strike.
Conclusion
Arbitration is not the cure for all
labor problems. The Oklahoma City
experience is perhaps better explained
by an alternative view of the value
of arbitration. This view would be
that arbitration serves a valuable pur-
pose in public sector bargaining, par-
ticularly compulsory arbitration as an
alternative to public sector strikes
in essential services. According to
this explanation, the Oklahoma City
police work slowdown could have
been prevented if arbitration of the
dispute had been eflfectively man-
dated. Furthermore, the strike could
19. probably have been prevented if the
arbitration panel's ruling had been
binding on all parties. Instead, the
city's refusal to accept the panel's
ruling caused the police to feel they
had been treated unfairly.
Whether collective bargaining leg-
islation leads to more strikes is a yet
unresolved question. One study in-
dicates some tendency among certain
employee groups to strike more fre-
quently after passage of such legisla-
tion. A comprehensive study indicates
that such legislation is not associated
with a higher incidence of strikes.
A third study indicates that environ-
mental characteristics are important
determinates of how such legislation
is related to strike incidence.
"McCarthy, Tom. "Strike Ends; Police
on Job," The Daily Oklahoman. October 27,
1975, pp. 1-2.
"• Ibid,
"' Editorial. The Daily Oklahoman October
30, 1975, p. 8.
246
""Dryden, Dave. 'ICily Officials Hint at
Vote on Sales Tax," The Daily Oklahoman
October 29, 1975, p. 15.
20. "° Ibid.
April, 1978 • Labor Law Journal
The present analysis provides evi- eliminated the cause of the
strike,
dence that inadequate legislation and Without such legislation,
given the
administration of such legislation may somewhat mild penalties
assessed of
have contributed to a serious strike police officers participating
in the
in an essential service. Conversely, strike, a recurrence of a
similar work
legislation providing for final resolu- stoppage may be more
than a remote
tion of impasses would probably have possibility. [The End]
SUPREME COURT DETERMINES DEGREE
REQUIREMENT LAWFUL
Employers who require that job applicants have college degrees
to be hired for certain, positions are not in violation of fair
employment
rules. The U. S. Supreme Court has left standing a
determination that
the use of a college degree job requirement is lawful although
such
standards could exclude 94 per cent of the black adult
population
{Townsend v. Nassau County Medical School, CA-2, 14 EPD jj
7673).
AGE BIAS IN FEDERAL PROGRAMS
21. Eederally assisted programs, including vocational rehabilitation,
often discriminate against older citizens, a study by the U. S.
Civil
Rights Commission concluded. The Commission reported to
Congress
that federal and state agencies apparently give preference to
younger
people in training programs, believing that will result in a better
return on the government's investment.
Among other recommendations, the Commission supports enact-
ment of H. ,R. 5383. That bill, which has already been passed
by the
House, would end compulsory retirement and extend protection
under
the Age Discrimination Act to workers up to 70 years old. The
current
law only protects workers aged 40 to 65.
Case Study 247
Problem 1 (10 marks)
You have been provided with the following information zero
coupon bonds with $1000 face value.
Maturity - semi -annual periods
semi-annual spot rates
1
4.25
2
22. 4.15
3
3.95
4
3.70
5
3.50
6
3.25
7
3.05
8
2.90
1. Compute the forward interest rates.
2. Graph the yield curve.
3. Explain the factors that account for the shape of the curve.
Problem 2 (10 marks)
Company HTA had a free cash flow for the firm (FCFF) of
$1,500,000 last year. It is expected the FCFF will keep a
sustainable growth rate of 5%. The company has 2 million
common shares outstanding. In addition, the following
information has been gathered:
Capital structure: D/E=0.2:0.8;
Market value of Debt: VD =$5,000,000;
Required return on equity: kE =15%
Cost of debt before tax =6%
23. Tax rate: tc =25%;
Determine the fair value of HTA stock.
Problem 3 (10 marks)
Company JUK has a ROE of 25% and the company will not pay
any dividend for the next 3 years. It is estimated that the
company will pay $2 dividend per share after three years and
then to level off to 5% per year forever.
The company has a beta of 2. Assume the risk-free interest rate
is 4%, and the market risk premium is 8%.
1. What is your estimate of the fair price of a share of the
stock?
2. If the market price of a share is equal to this intrinsic value,
what is the P/E ratio?
3. What do you expect its price to be 1 year from now? Is the
implied capital gain consistent with your estimate of the
dividend yield and the market capitalization rate?
Problem 4 (10 marks)
MicroSense, Inc., paid $2 dividends per share last year. It is
estimated that the company’s ROEs will be 12% and 10%,
respectively, next two years. The plowback rate in next two
years will be 0.6. It is expected that the dividends will grow at a
sustainable rate of 3% per year after two years. Assume that the
expected return on the market is 8%, the risk-free rate is 4%,
and the beta of the stock is 1.4. What is the fair price of the
stock?
Problem 5 (10marks):
An analyst uses the constant growth model to evaluate a
company with the following data for a company:
24. Leverage ratio (asset/equity): 1.8
Total asset turnover: 1.5
Current ratio: 1.8
Net profit margin: 8%
Dividend payout ratio: 40%
Earnings per share in the past year: $0.85
The required rate on equity: 15%
Based on an analysis, the growth rate of the company will drop
by 25 percent per year in the next two years and then keep it
afterward. Assume that the company will keep its dividend
policy unchanged.
1. Determine the growth rate of the company for each of next
three years.
2. Use the multi-period DDM to estimate the intrinsic value of
the company’s stock.
3. Suppose after one year, everything else will be unchanged
but the required rate on equity will decrease to 14%. What
would be your holding period return for the year?
Problem 6 (50 marks)
Using the Yahoo! Finance website, search the Bank of Nova
Scotia (BNS.TO) by finding its stock symbol. If you are unable
to locate the prices for BNS.TO, use prices for BNS (the Bank
of Nova Scotia observed in US dollars at the New York Stock
Exchange). For the purpose of this question, assume that the
Canadian dollar and the US dollar had been exchanged one for
one. Find historical prices for the stock (on the left-hand menu)
and complete the following:
1. Download historical data for the stock prices (adj. close)
from January 1, 2004 through January 1, 2012, on a monthly
basis. You will also need to download corresponding monthly
prices for the S&P/TSX Comp index (also available on the
Yahoo! Finance site) as well as 3-month T-Bill rates (download
this attachment: T-Bill Rates.xlsx).
25. 2. Calculate returns for both series of prices downloaded from
Yahoo site (BNS and S&P /TSX Comp Index). Prior to that,
make sure the data is sorted in ascending order (i.e., first row
has the oldest data). The final spreadsheet should have the two
series of returns you downloaded and calculated from Yahoo!
Finance. Make sure all data is expressed in same units.
3. Using the Tools menu in EXCEL, (Tool Pack has to be
installed if EXCEL does not show it) perform regression
analyses using the Market Model for BNS.
4. Clearly provide the regression results in a table with an
explanation for the coefficients obtained, and clear
interpretation. Specifically, for each regression provide:
· Dependent Variable
· Independent Variable
· Intercept
· Beta Value
· Firm Specific Risk
i. How well does the S&P/TSX Comp Index movement explain
the variability of the return on BNS stock?
ii. What is the alpha of the BNS stock?
iii. Calculate the standard deviation of the stock return (using
the equation for R2 =β2σM2/σ2, and the individual regression
results).
iv. Calculate systematic risk and firm specific risk for the stock.
26. Page 1 of 4
PHILADELPHIA CORDWAINERS' CASE
[COMMONWEALTH v. PULLIS]
Philadelphia Mayor's Court (1806)
3 Doc. Hist. of Am. Ind. Soc. 59 (2d ed. Commons 1910)
Indictment for common law conspiracy, tried before a jury
consisting of two inn-keepers,
a tavern-keeper, three grocers, a merchant, a hatter, a
tobacconist, a watchmaker, a tailor,
a bottler .
The indictment charged in substance:
( 1) That defendants conspired and agreed that none of them
would work at the
shoemaking craft except at certain specified prices higher than
prices which had
theretofore customarily been paid;
(2) that defendants conspired and agreed that they would
endeavor to prevent "by
threats, menaces, and other unlawful means" other craftsmen
from working except
at said specified rates; and (3) that defendants, having formed
themselves into an
association, conspired and agreed that none of them would work
for any master
27. who should employ a cordwainera who had broken any rule or
bylaw of the
association, and that defendants, in accordance with such
agreement refused to
work at the usual rates and prices.
Counsel for the prosecution were Jared Ingersol and Joseph
Hopkinson. Counsel for the
defendants were Caesar A. Rodney and Walter Franklin. During
his address to the jury,
Joseph Hopkinson, for the prosecution, stated, among other
things, the following:
[Summary of the Prosecution’s Case]
If the court and jury shall decide, that journeymen may
associate together, and determine
that none shall work under certain prices; then, when orders
arrive for considerable
quantities of any article, the association may determine to raise
the wages, and reduce the
contracts to diminish their profit; to sustain a loss, or to
abandon the execution of the
orders, as was done in Bedford's case, who told you he could
have afforded to execute the
orders he obtained at the southward, had wages remained the
same as when he left
Philadelphia. When they found he had a contract, they took
advantage of his necessity.
What was done by the journeymen shoemakers, may be done by
those of every other
a A cordwainer is a shoemaker.
28. Page 2 of 4
trade, or manufacturer in the city A few more things of this sort,
and you will break up
the manufactories; the masters will be afraid to make a contract,
therefore he must
relinquish the export trade, and depend altogether upon the
profits of the work of
Philadelphia, and confine his supplies altogether to the city.
The last turn-out had liked to
have produced that effect: Mr .Ryan told you he had intended to
confine himself to
bespokeb work.
It must be plain to you, that the master employers have no
particular interest in the thing
...if they pay higher wages, you must pay higher for the articles.
They, in truth, ate
protecting the community. Nor is it merely the advance of
wages that increases the price
to the consumer, the master must have some compensation for
the advance of his cash,
and the credit he frequently gives. They have no interest to
serve in the prosecution; they
have no vindictive passions to gratify ...they merely stand as the
guardians of the
community from imposition and rapacity.
If this conspiracy was to be confined to the person themselves,
it would not be an offense
against the law, but they go further. There are two counts in the
indictment; you are to
29. consider each, and give your verdict on each. The first is for
contriving, and intending,
unjustly and oppressively, to encrease and augment the wages
usually allowed them. The
other for endeavouring to prevent, by threats, menaces, and
other unlawful means, other
journeymen from working at the usual prices, and that they
compelled others to join
them.
If these persons claim the right to put the price on their own
work, if they say their labour
is their own, and they are the judges of its value, why not admit
the same right to others?
If it is the right of Dubois, and the other defendants, is it not
equally the right of Hattison
and Cummings? We stand up for the right of the journeymen, as
well as of the masters.
The last turn-out was called by a small majority ...60 against
50, or thereabout: shall 60
unreasonable men, perhaps single men, having no one to
provide for but themselves,
distress and bring to destruction 50 married men with their
families?
Let the 60 put what price they please on their own work; but the
others are free agents
also: leave them free, or talk no more of equal rights, of
independence, or of liberty.
It may be answered, that when men enter into a society they are
bound to conform to its
rules; they may say, the majority ought to govern the minority
...granted ...but they ought
to leave a man free to join, or not to join the society. If I go
into a country I am bound to
30. submit to its laws, but surely I may judge, "whether or not I will
go there. The society has
b “Bespoken work” is custom work.
Page 3 of 4
no right to force you into its body, and then say you shall obey
its rules under severe
penalties. By their constitution you find, and from their own
lips I must take the words,
that though a man wants no more wages than he gets, he must
join in a turn-out. The man
who seeks an asylum in this country, from the arbitrary
laws of other nations, is coerced into this society, though he
does not work In the article
intended to be raised; he must leave his seat and join the
turnoutc.
Recorder Levy, in his charge to the jury, made the following
statements, among
others:
It is proper to consider, is such a combination consistent with
the principles of our law,
and injurious to the public welfare? The usual means by which
the prices of work are
regulated, are the demand for the article and the excellence of
its fabric. Where the work
is well done, and the demand is considerable, the prices will
necessarily be high. Where
31. the work is ill done, and the demand is inconsiderable, they will
unquestionably be low.
If there are many to consume, and few to work, the price of the
article will be high; but if
there are few to consume, and many to work, the article must be
low.
Much will depend, too, upon these circumstances, whether the
materials are plenty or
scarce; the price of the commodity, will in consequence be
higher or lower. These are the
means by which prices are regulated in the natural course of
things. To make an artificial
regulation, is not to regard the excellence of the work or quality
of the material, but to fix
a positive and arbitrary price, governed by no standard,
controlled by no impartial person,
but dependent on the will of the few who are interested; this is
the unnatural way of
raising the price of goods or work. This is independent of the
number who are to do the
work. It is an unnatural, artificial means of raising the price of
work beyond its standard,
and taking an undue advantage of the public. Is the rule of law
bottomed upon such
principles, as to permit or protect such conduct?
Consider it on the footing of the general commerce of the city.
Is there any man who can
calculate (if this is tolerated) at what price he may safely
contract to deliver articles, for
which he may receive orders, if he is to be regulated by the
journeymen in an arbitrary
jump from one price to another? It renders it impossible for a
man, making a contract for
a large quantity of such goods, to know whether he shall lose or
32. gain by it. If he makes a
large contract for goods today, for delivery at three, six or nine
months hence, can he
calculate what the prices will be then, if the journeymen in the
intermediate time, are
permitted to meet and raise their prices, according to their
caprice or pleasure? Can he fix
the price of his commodity for a future day? It is impossible
that any man can carry on
c A ‘turnout’ is a strike.
Page 4 of 4
commerce in this way. There cannot be a large contract entered
into, but what the
contractor will make at his peril. He may be ruined by the
difference of prices made by
the journeymen in the intermediate time. What then is the
operation of this kind of
conduct upon the commerce of the city? It exposes it to
inconveniences, if not to ruin;
therefore, it is against the public welfare.
What is the case now before us? ...A combination of workmen
to raise their wages may
be considered in a two fold point of view; one is to benefit
themselves ...the other is to
injure those who do not join their society. The rule of law
condemns both. If the rule be
clear, we are bound to conform to it even though we do not
33. comprehend the principle
upon which it is founded. We are not to reject it because we do
not see the reason of it. It
is enough, that is the will of the majority. It is law because it is
their will-if it is law, there
may be good reasons for it though we cannot find them out. But
the rule in this case is
pregnant with sound sense and all the authorities are clear upon
the subject. Hawkins, the
greatest authority on the criminal law, has laid it down, that a
combination to maintaining
one another, carrying a particular object, whether true or false,
is criminal... the authority
cited does not rest merely upon the reputation of that book. He
gives you other authorities
to which he refers.
It is adopted by Blackstoned, and laid down as the law by Lord
Mansfield 1793, that an
act innocent in an individual, is rendered criminal by a
confederacy to effect it. One man
determines not to work under a certain price and it may be
individually the opinion of all;
in such a case it would" be lawful in each to refuse to do so, for
if each stands, alone,
either may extract from his determination when he pleases. In
the turn-out of last fall, if
each member of the body had stood alone, fettered by no
promises to the rest, many of
them might have changed their opinion as to the price of wages
and gone to work; but it
has been give n to you in evidence, that they were bound down
by their agreement, and
pledged by mutual engagements, to persist in it, however
contrary to their own judgment.
The continuance in improper conduct may therefore well be
34. attributed to the
combination. The good sense of those individuals was prevented
by this agreement, from
having its free exercise.
The defendants were found guilty and were fined eight dollars
each plus costs.
d Lord Blackstone was British and the preeminent Anglo-
American legal scholar of this era.