Tuesday, August 6, 2019

Hr Provision Essay Example for Free

Hr Provision Essay Provision function: is a consecutive process of human resources planning, job analysis, recruitment, selection, placement and incorporation. HR Planning The ongoing process of systematic planning is to achieve optimum use of an organizations most valuable asset its human resources. The objective of HR planning is to ensure the best fit between employees and jobs, while avoiding manpower shortages or surpluses. Sands Corporation would have to look at the three key elements of the HR planning process, which are: forecasting labour demand, analyzing present labour supply, and balancing projected labour demand and supply. Proper human resource planning will enable Sands HR department to plan recruitment, selection, training and career development . The HR plan needs to be flexible enough to meet short-term staffing challenges, while adapting to changing conditions in the business and environment over the longer term. Job Analysis and Design Job analysis is the process by which HR systematically investigate the task, duties and responsibilities of the jobs within an organisation. For human resource to be effective, Sands HR must be aware of the essentials that amount to each position. That is there should be a process whereby the substance, demands and responsibilities of a job are determined. Therefore two sets of information should originate from job analysis. First, Job Description which is the document that identifies and defines: a job in terms of duties, responsibilities, tasks and supervisory relationships. Second, Job Specification which is a written statement which emphasises the characteristics required from the incumbent to perform the job successfully, which should include skills, abilities and knowledge . Recruitment and selection the process of acquiring applicants who are available and qualified to fill the positions and choosing from a group of applicants the individual best suited for a particular position. Recruitment usually comes about as a result of HR planning and vacant positions that have to be filled. The staffing personnel, should use the job analysis as the point of departure, and follow steps such as recruitment planning, recruitment action (how, where and when), the type of recruiting source, screening and selecting . HR manager and the staffing personnel should through the recruiting process, consider the legal aspects as well, such as the labour Relation Act, No. 66 of 1995, the Basic Conditions of Employment Act, No. 75 of 1997 and the Employment Equity Act, no. 55 of 1998. Placement this is the process by which the staffing specialist will place a new appointed employee in an organisation, or transfer existing employees are transferred to new posts. Placement is important because of the heterogeneity of the labour groups. The staffing personnel should make sure that there is â€Å"FIT† between the job itself and the new job incumbent, so that there would be high productivity and a lower turn over from the new incumbent. It should be clear that placement is a combination of the employers’ requirement to fill a position successfully and the employee’s motivation to reach the top. Incorporation The specialist in training and development should attend and make sure that the new employee settles into the new position. The employee should be provided with the information regarding the organisation and its culture through orientation, must also be given specific information about the position and the department should be given through induction. The new employee must be made to feel part of the new work group as soon as possible. The training personnel need to explain the organisations policies, rules and regulations to the new employee as well as counter negative influences by fellow workers.

Monday, August 5, 2019

Uk Legal System And Compare

Uk Legal System And Compare United Kingdom and Northern Ireland consist of four countries which form three distinctive jurisdictions each of which has its own court system and legal profession. These three jurisdictions are England Wales, Scotland, and Northern Ireland. The union of Great Britain and Ireland established United Kingdom in 1801, and it attains its present form in 1922 with the partition of Ireland and thus the independent Irish Free State has been established. In 1973 UK joined the European Economic Community, which is the European Union, when it is required to integrate the European legislation into UK law and to become responsive to the jurisdiction of the European Court of Justice in issues of European Union. A significant constitutional transformation came into existence when the Labour government came into power in 1997. They straight away introduced a process of decentralization, i.e. decentralizing some areas of government to the constituent countries of the UK: separate Scottish Parliament and a Welsh Assembly were established. The European Convention of Human Rights which has UK as its participant and it is been integrated into UK law, in the same year the Human Rights act was passed i.e. 1998. Thus provisions of Conventions can be directly applied to the UK courts. Actually there is no written constitution for the country. The Queen is the head of the state, even though the ultimate power of the Crown is conceded by the government of the day. The legislature is a two-tier parliament. A count of 659 Members of Parliament makes the House of Commons, by a general election that comes across every 5 years with a simple majority vote. The Government has the power to call for an election at any time, but to make the electoral advantage secure they do these voting every 5 years. The constitutional law of the UK is considered as consisting of statue law on the one hand case law on other, whereas the judicial model is applied in the courts by judges deducing statue law. The third element includes constitutional conventions which do not consist of legislative power but how ever has an obligatory force [1]. Constitutional Reform The Labour government now introduced constitutional alterations in 3 distinct areas: the transformation of the House of Lords, devolution, and the passing of the Human Rights Act 1998. The reformation of the House of Lords was really a long process, by eradicating the voting rights of all the aristocrats who remains until the house is totally altered. Proposals that were put forward by the Royal Commission on the reformation of House of Lords were published in 2000 as a command paper: A House for the Future (Cm 4534) [2] along with government proposals put down in The House of Lords: Completing the Reform (Cm 5291) [3]. The Human Rights Act was passed in 1998, integrating into the UK law rights and freedoms assures by the European Conventions on Human Rights. Even though the UK had been a participant to the European Conventions on Human Rights since 1951, this act gives the provisions of the conventions to be integrated into the domestic law. This makes it clear that the concern of the human rights affects every part of the government. Some of the effects of decentralization were: The Department for Constitutional Affairs (DCA) was launched in 2003, and it swaps the Lord Chancellors Department. Its changed responsibilities such as holding and administering the judicial system, human rights, and electoral and constitutional reform. DCA administers the Court Service and watch over judicial appointments. The responsibility of Lord Chancellor has been modified, with the possessor renamed Secretary of State for Constitutional Affairs and Lord Chancellor, resigns his functions as Speaker of the House of Lords and as a judge. These changes are mainly brought in by the Constitutional Reform Act 2005 and it also made important changes to the courts and the judiciary. The Court System Civil courts Civil cases initially are heard in the County Courts actually its for minor claims or the high Court, which is divided into 3 divisions: Queens Bench, Family and Chancery. Cases can be appealed to the Court of Appeal. Cases may also be appealed from the County Court to the High Court. The structure of the UK courts is shown below [4] . The majority of civil actions are heard in the 218 county courts, which also handles family and bankruptcy hearings. The value of claim decides in which manner the case has to be dealt with. The work is handled by three divisions, depending on its subject: Chancery Division: equity, trusts, tax, bankruptcy Queens Bench Division: contract, tort, commercial matters Family Division: divorce, children, probate. House of Lords is the supreme court of appeal. The judicial functions are quite different from its legislative work and the cases are heard by around 13 senior judges known as Lords of Appeal in Ordinary, or Law Lords. The Constitutional Reformation Act 2005 endow with the establishment of a supreme court to reinstate the judicial functions of the House of Lords with an independent appointment system, thus making a constitutional division between legislature and the judiciary. Judicial Committee of the Privacy Council is responsible for hearing cases from the British overseas territories and dependencies as well as domestic appeals. Cases regarding powers and functions of the devolved legislatures are also heard in these courts. Along with these courts there are also specialized tribunals, which take into account different appeals on decisions made by several public bodies and Government departments like employment, immigration, social security, tax and land. Criminal courts Criminal cases initially are heard at the Magistrates Court, serious ones being heard in the Crown Court. Appeals are mainly heard in the Court Of Appeal Criminal Division [5]. The Crown Court and Magistrates Court can be replaced by a cohesive Criminal Court with 3 divisions: Crown Division now the Crown Court to hear jurisdiction over all criminal matters and the more serious offences allocated to it, the District Division, comprise of a judge usually a District Judge or Recorder and at least 2 magistrates, to hear the jurisdiction over a mid range and in case of serious issues merit up to 2 years custody and the Magistrates Division comprised by a District Judge or Magistrates are to work out their present jurisdiction. The Magistrates Division would assign cases according to the significance of the suspected offence and the situation of the defendant. In the affair of an argument, a District Judge would determine the matter after hearing the version of prosecution and the defendant. The defendant has no right of selection of any of the division. LEGAL SYSTEMS The United Kingdom has 3 legal systems for its 3 separate jurisdictions; English Law for England Wales, Northern Ireland follows some common law principles and finally Scots Law for Scotland. England Wales English Law English law, which refers to the legal system administered by the courts of England Wales for both civil and criminal matters. English law has its own distinctive legal canon, separate from civil law [6] (civil law in which the sources known as reliable are legislation mainly codification in the constitution that are passed by the government and also the custom.) [7]. Actually the laws are not made a part of an organized system and also the laws are developed by judges in the court. Earlier times the justices and the judges were in charge if adapting the Writ system for the everyday needs to for building up a consistent law [8]. For e.g., the Law Merchant began in the Pie Powder Courts. When the Parliament developed in its capacity and focus to the canon of separation of powers, the legislation overtook the judicial law making. Senior Courts of England and Wales consist of Court of Appeal, the High Court of Justice and the Crown Court. The Supreme Court is the highest court for both criminal and civil appeal cases in England Wales and also Northern Ireland. English Law became one of the two legal systems in different parts of UK and also greatly influenced by Scots Law after the Acts of Union in the year 1707 [9] particularly in the development and incorporation of law merchant by Lord Mansfield and also with the development of law of Negligence. Northern Ireland Common Law The law of Northern Ireland is a common law system. It is managed by the courts of Northern Ireland, with The law of Northern Ireland is a common law system. It is administered by the courts of Northern Ireland, with supreme appeal to the Supreme Court of the United Kingdom in both civil and criminal matters. The countrys law is almost similar to the English Law with some of the rules of common law being transferred to the Kingdom of Ireland. The basis for the law of Northern Ireland is English Common Law and Statute Law. Scotland Scots Law Scots law is an inimitable legal system with an origin from Roman law. It also characterizes elements of common law with some feudal sources. This shows that Scotland has varied or mixed legal system compared to South Africa and to a certain extent it has codified systems of Louisiana and Quebec. The Acts of Union has shared legislature with the rest of the UK. In those days Scotland, England Wales each has separate or distinct legal systems, but the Union act brought some English influence on Scots law. Later on the Scots law was also affected by both European laws under the Treaty of Rome and with the Establishment of Scottish Parliament. Court of Session, for the civil cases and the High Court of Justiciary for criminal cases are the chief courts. The Supreme Court of the United Kingdom functions as the ultimate court of appeal for civil cases under Scots Law. Sheriff courts deals with most of the civil and criminal cases including criminal trials with a jury known as sheriff solemn court with a sheriff and no jury which is known as sheriff summary court. UK Legislatures United Kingdom Parliament The Parliament of United Kingdom is two- tier consisting of an upper house i.e. the House of Lords and a lower house i.e. the House of Commons. The House of Lords comprise of two types of members: the Lords Spiritual, he is the senior bishops of the Church of England and the Lords Temporal. The House of Common is an elected chamber democratically. These two houses gather in separate chambers in the Palace of Westminster in the City of Westminster in London. All government ministers including the Prime Minister are members of either the House of Commons or House of Lords [10]. Northern Ireland Assembly The Northern Ireland Assembly is the decentralized legislature of Northern Ireland. It has got the authority to enact in broad areas that are not overtly reserved to the Parliament of the United Kingdom, and appointed the Northern Ireland Executive. It is situated at Parliament Buildings at Stormont in Belfast. The latest embodiment of the Assembly was established under the Good Friday Agreement a commitment by all parties for exclusively peaceful and democratic means of 1998[11] . The Assembly is a unicameral democratically elected body consisting of 108 members who are known as Members of Legislative Assembly, or MLAs. Scottish Parliament The Scottish parliament is located in the Holy rood area of the capital Edinburgh. Unofficially the Parliament is referred to as Holy rood, the Parliament consists of 129 members who are democratically elected, and they are also called Members of Scottish Parliament or MSPs. The members of the Parliament are elected for four year terms under the Additional Member System of proportional representation an attempt to ensure that the outcome of the election reflects the proportion of support gained by each competing group [12]. The original Parliament of Scotland or also known as Estates of Scotland was the national legislature of the independent Kingdom of Scotland, and it existed till the 13th century until the Kingdom of Scotland merged with Kingdom of England under the Acts of Union 1707 to figure the Kingdom of Britain. As a result the Parliament of Scotland unites with Parliament of England to form Parliament of Great Britain, which is situated at Westminster in London. WORKING OF UK LEGAL SYSTEM England Wales Criminal law Criminal law or penal law, its a body of rules that describes the behaviour which is considered illegal because it is believed to threaten, harm or otherwise imperil the safety and welfare of the public. The law is actually insisted by the state itself and the one who breaks these laws are prosecuted in court. Capital punishment is obligatory in some jurisdiction for almost all serious crimes, physical or corporal punishments are also imposed such as whipping or caning [13]. Individuals are also enslaved in prison or in jail depending upon the jurisdiction. Length of imprisonment may vary from day to life. House arrest or fines are also imposed on the convicts who done the crime. The main objectives of this law by punishment are retribution, deterrence, incapacitation, rehabilitation and restitution. Some of the selected criminal laws are fatal offenses [14], personal offenses, property offenses, participatory offenses, mala in se v. mala prohibit a. Civil Law Civil law deals mostly the disputes between the individuals or corporate bodies and swathe a large array of areas which includes: landlord and tenant disputes, insolvency, small claims, consumer disputes, personal injury claims, divorce cases, race, sex and disability discrimination cases, debt problems wills and libel. [15]According to this law it is important that there should be 50 percent probability that the defendant is responsible for dispute. In both these cases the prosecution and the defence try to convince the court that one side is right and other is wrong. In criminal cases, the jury decides whether the prosecution or the defence are guilty and the final decision of sentence is issued by the judge himself. But in the case of civil and family cases the judges alone decides or announces who is the convict based on the evidences presented. In England and Wales prisoners are assigned different security classes when they are sentenced. The categories of prisoners in descending order are: Category A: prisoners whose escape would be highly dangerous to the public or national security. Category B: prisoners, whom which do not require maximum security, but the escape needs to be made very difficult. Category C: prisoners who cannot be trusted in open conditions but who are improbable to escape. Category D: prisoners who can be quite trusted that they dont try to escape, and are given the privilege of an open prison. Northern Ireland The countrys legal system is almost similar to England Wales [16]. The Lord Chancellor is responsible for court administration through the Northern Ireland Court Service. It deals with the policy and legislation concerning criminal law, the police and the prison system. Criminal law Criminal law is mainly concerned with establishing and upholding social order and protecting the community. The rules of this law are meant to persuade and keep up an orderly and safe living for every citizen. If anyone is found at fault they can be fined, given a community penalty or may be sent to a prison. Civil law Civil law is almost similar to the law of England and Wales i.e. cases must be verified by the balance of probabilities rather than the beyond reasonable doubt which is applied in criminal cases. Scotland The Scottish Executive Justice Department manages the issues regarding civil and criminal law. The Parliament makes or passes laws on those issues on which where it has the right to act independently, in such situation it can change or discards the acts of UK Parliament and it can passes new and separate legislation for Scotland. Scots Law The Scots Law and Scottish Legal system has a protracted history, which dates back to the medieval period. The uprightness and independence of Scots law were accredited in the 1707 Act of Union which eliminates the Scottish Parliament and forms a new UK Parliament at Westminster. Scots Law carves up many of the legislative provisions with the law of England and Wales [17], even though the Scots Civil Law remains significantly based on Scots Common Law. Scots Civil Law has some elements which got basis from the Roman Dutch Law. INDIAN LEGAL SYSTEM The Government of India, formally known as the Union Government (Central Government) and was found by the Constitution of India and it is the governing power of a union of 28 states and 7 union territories, collectively called the Republic of India. It is situated in New Delhi, the capital of India. The Indian Government Consist of 3 branches: the executive, the legislative, and the judiciary. The Executive branch is headed by the President of Country who is known as the head of the state and he implements his powers through officers under him or directly. The Legislative branch or the Parliament has two houses: lower house called the Lok Sabha[18], and the upper house called the Rajya Sabha. The Judicial branch has the Supreme Court at its top level, 21 high courts and number of civil criminal family courts at the district level. The civil and criminal laws governing the citizens of the country are governed by the parliamentary legislation such as the Civil Procedure Code, the Indian Penal Code and the Criminal Procedure Code. The legal system applied to the federal and individual state governments is based on the English Common (laws which are developed by the judges on the basis of decision of court and similar tribunals rather than by the legislative statues)[19] and Statutory Law (law that is made by the legislature and codified or written in code books) [20]. [21]India has a Parliamentary system of government which is largely based on that of the United Kingdom i.e. the Westminster System[22] (A democratic system of government which was modelled after that of UK and it is followed in many of the Common wealth nations such as Canada, Australia, Singapore, Jamaica, Ireland, New Zealand India.) The legislature of the country is Parliament. Its two-tier system, with two houses: Lok Sabha in which the 545 members are directly elected called House of the People also known as lower house, Rajya Sabha in which the 250 members are indirectly elected called Council of States also known as upper house. Council of Ministers as well as the Prime Minister is the members of the Parliament, if they are not members then they should be elected within a period of six months from the time they take up their respective positions. Individual responsibility Every individual minister takes care of the specific bureau or bureaus. He is supposed to answer any act of failure in all the policies relating to his ministry. In case any slip up, he himself is responsible to the Parliament. If a vote of no confidence vote or motion in a legislative body censuring an aspect of or indicating a lack of majority support for a government policy [23] is passed against a the minister then he is forced to resign from his position, in such situation the Prime Minister can ask for resignation of the minister to save his government and the people have say. Collective Responsibility The prime Minister and the Council of Ministers together are answerable to the Lok Sabha. So if there is a policy failure from the governments part members of the council are responsible. In such situation if a vote of no confidence is passed then all the ministers headed by the Prime minister have to resign from their position. Judicial System The Supreme Court in India is the eventual exponent of the constitution and the laws of the country [24]. It has appellate jurisdiction over all civil and criminal events involving substantial matter concerning the explanation of the constitution. The court has the unique and exclusive jurisdiction to determine the arguments between the central government and one or more states and union territories as well as between states and union territories. The Supreme Court has a broad or ample flexible powers to hear special appeals on any matter from any court expect those of armed services. It is also known as court of records and oversees every high court. Twenty five associate justices and one chief justice serve on the Supreme Court. Chief justice is appointed by the President, the associated judges are also appointed by the President after consulting with Chief justice. The appointments do not require Parliaments accord, and the justices cannot be removed from their position until they reach the binding retirement age 65. The Supreme Court has power to decide cases under [25]. Original jurisdiction Argument between central government and government of one or more states. Argument between central government and the governments of one or more states on one side and the governments of one or more states on other side. Argument between two or more states. Appellate jurisdiction: Supreme court is the final court of appeal. An appeal against the high court can be filed in the supreme court. If any of the parties is not satisfied with the decision of the high court appeals can be brought to constituitional, criminal and civil cases. Advisory jurisdiction: President may ask for the advice of the Supreme court on any matter of public importance. Features of Indian Legal System Written Constitution Constitution is generally a written document and affirms India to be a sovereign, socialist, secular, democratic republic and it represents the reservoir of enormous power. The Indian Constitution is an inimitable mix of rigidity and flexibility and it is a political document and also known as Bag of Borrowings [26] which mete out the power of the state amongst different structures i.e. between central and state government. Indian government is democratic and republican and is governmental through adult authorization. The Rule of law The term Rule of Law is derived from French phrase la principe de legalite (The principle of legality), that means a government based on the principles of law and not of men. According to ancient scriptures, Law is the King of Kings and there is nothing higher than law. The rule of law contains 3 principles [27]. Supremacy of Law: This means that no man is punishable or can legally be made to bear in body or goods expect for a discrete violation of law launched in an ordinary legal manner. It means that a man can be penalized for the violation of law but cannot be penalized for any other things. A suspected offence is supposed to be attested before the ordinary courts in harmony with the ordinary procedure Equality before Law: This means that no man is above the law. Every citizen whatever his position focuses on the ordinary law of the land and agreeable to the jurisdiction of the ordinary tribunals. Predominance of Legal Spirit: This means that general principles of the constitution are the result of judicial decisions for determining the file rights of private person in association with the cases brought to the court. Independence of Judiciary It is a principle that the judiciary should be politically defended from governmental and the exclusive power, this means that the court should not be exposed to culpable influence from other sections of government or personal interest [28]. One way to prop up judicial independence is by giving life term or long term for judges, which allows them to decide cases and make laws according to the rule of law and judicial discretion. Overview of Indian Court Structure The exclusive feature of Indian constitution is its judiciary. Single incorporated system of courts manages both union and state laws. The Supreme Court of India The Supreme Court of India is the highest court of the land. It is the vital explainer and protector of the constitution and the laws of the land. It is the highest court of petition or appeal. It takes up request against judgments of the regional high courts. The Supreme Court of India consists of Chief Justice of India and 30 other judges who are appointed by the president. High Courts High court is head of each states judicial administration. There are around 21 high courts for Indias 28 states, 6 union territories and one national capital territory. These courts have a power over a state, a union territory or a group of states and union territories. As the part of the judicial system the high courts are officially free of state legislatures and executives. Each high court within the country is a court of record for implementing original and appellate jurisdiction inside a state or territory. It also issues proper writs in cases regarding constitutionally assured fundamental rights. The high court controls or over sees all courts within its jurisdiction, expect for which deals with armed forces and can transfer constitutional cases to it from the lower courts. The said court have original jurisdiction on revenue matters. They under take original criminal cases by a jury, but not civil cases. According to article 141 of the Constitution of India all courts in the l and including high court are bound by the orders of Supreme Court. High courts are controlled by the chief justice. Judges of high court are appointed by the president of India after consulting with the Chief Justice and the governor of the state. Lower Courts High court has the power of supervising the lower courts within its jurisdiction namely the district and session courts and their lower courts [29]. The district and the session courts consist of the lowest level of courts and are also known as trial courts and it applies both federal and state laws. States are divided into districts and inside each district a district judge and sessions judge heads the judiciary. A district judge is in charge of all civil cases and sessions judge over the criminal cases. State Governor after consulting with the states high court appoints these judges. Civil cases are filed in Munsif courts, also known as sub district courts. Lesser criminal cases are handed over to the subordinate magistrates working under the high court. Village level disputes are mostly resolved by Panchayats or Lok adalats. Executive The President of India is the Head of the State and the Commander-in-Chief of the armed forces [29]. He is elected by the democratic board composed of members of both the Houses of Parliament and the legislatures of the nations constituent states. The President holds the position for 5 years and he can be re elected. The president does not normally implements any constitutional powers on his own inventiveness. But these are done based on the instruction given by the Prime Minister and the Council of Ministers. The Prime Minister is appointed by the President, who is chosen by the legislators of the political parties. President then appoints other ministers on after consulting with the Prime Minister. Prime Minister can remain in office only when he or she enjoys the majority support from the Parliament. The Vice President is elected by the members of both the houses the lower and the upper houses of Parliament. The Vice President takes the power of President in case of death or resignation of the current President. Indian legal system is mostly based on the English common law and statutory law, and most of the state and the territorial law are based on English common law. Indias dedication to law is created in the constitution which made India into a sovereign democratic republic, which contains a federal system with law-making form of government in the union and the states. The main resources of law in India are the Constitution, statutes, customary law and case law. Parliament, state legislatures and Union Territory legislatures endorse the statutes. In addition to that there is a huge body of laws known as subordinate legislation in that form of rules regulations made by central and state governments and local authorities like municipal corporations, municipalities, Gram Panchayats and other local bodies. Subordinate legislation is made under the authority s assigned either by the parliament or state or union territory legislatures. The official publications of laws of India are recorded in major parliamentary legislation such as the India Code. Indian laws stick on to the United Nations guidelines on human rights laws and the environmental law. .

Sunday, August 4, 2019

For The Love Of The Fish An Es :: essays research papers

In the short story “The Third Thing That Killed My Father,'; Raymond Carver explores the life of the town outcast. Through the observations of a young boy and his father Carver tells the story of a man caught in himself, and captures the true essence of a mans character and his conflicts. Dummy the town outcast finds himself in a struggle to protect the one thing that makes him happy, a school of black bass. Carver comes up with three major conflicts, which include man verses society, nature, and himself. When Dummy gets his fish he further distanced himself from the community. He has always been made fun of by coworkers, and because he had no one to trust this gave Dummy a pretense for digging a deeper hole into his depression. "Well, it made them kid Dummy, the way he was always carrying everything. Carl Lowe, Ted Shade, Johnny Wait, they were the worst kidders of the ones that kidded Dummy.'; Another reasons for Dummy’s introversion was his wife. “ She was a women years younger and said to run around with Mexicans.'; The lack of love at home and negative attention at work caused Dummy to shut society out. The only friends Dummy had where his fish, which he protected from the cruelties of society. He protected the fish like no one had protected him, yet he still loses them to a force that cannot be controlled or stopped. “ It blew for five days, and on the third day the river began to rise. “She’s up to fifteen feet,'; my father said one evening looking over his newspaper. “Which is three feet over what you need to flood. Old Dummy is going to lose his darlings.'; Even though, Dummy protects his fish from unwanted fisherman he cannot protect them and himself from forces of greater power, the force of nature. Another one of the conflicts in the story is Dummy’s struggle with himself. Dummy was never really loved which persuaded him to find something else to love. The fish gave him a since of awareness and control that was never found at work and in his marriage. As long as he had the fish he was needed, and happy being apart of a community that never judged him. When Dummy lost this he lost his life, love, and sanity. “He’d changed a lot, Dummy had. He was never around any of the men anymore, not if he could help it.

Saturday, August 3, 2019

Clear Channels Grip on College Radio Essay -- Media

Clear Channel Communications, owner of 1,200 stations across the United States, has been undermining the values of diversity, localism, and market completion within the music industry since the media policy wars in the early 2000s. Since then, the radio industry arguably has lost a significant amount of the authenticity it once had. The only exception is college radio: the last safe haven for musical integrity. The only facet of radio not owned and controlled by a major monopoly. Recently, however, Clear Channel has gone to bed with college radio stations across the country. Although the corporate monopoly has shut out authenticity and artistic integrity from the mainstream, they still want more in order to completely wipe out independent music. The 1996 Telecommunications Act was the first major overhaul of telecom policy since the Communications Act of 1934; it covered everything from radio, television to cable TV (Garofalo, 440). The act removed the restrictions on the number of radio stations any one company could own, which accelerated the trend of a small number of companies owning the vast majority of stations. Clear Channel was a primary beneficiary. In 1995, Clear Channel owned 43 stations. By the early 2000s, it owned over 1,200 stations, which took in 20 percent of the industry revenues in 2001. In addition, Clear Channel owned over 700,000 billboards; it controlled 65 percent of the U.S. concert business; and it posted total revenues exceeding $8 billion (Garafalo, 440). Four companies controlled 90 percent of radio and revenue in the early 2000s. Serious implications for programming occurred due to the level of ownership concentration. According to Garafolo, â€Å"In one week, the forty top modern-rock stations ad... ...trick to profit. Clear Channel has taken major college stations to bed, and it’s not a gentle lover. Thus, local stations must not be lured by Clear Chanel’s diabolical plan. Instead, the stations must look the corporate villain into their deceiving eyes, and inform them that their conglomerating ways will not be tolerated; we must preserve the last refuge of music programming and expression on the radio airwaves. Works Cited (MLA) Garofalo, Reebee. Rockin Out: Popular Music in America. Upper Saddle River, NJ: Pearson Education, 2010. 439-40. Print. Kirkpatrick, Bill. "On Radio: Strange Bedfellows." Antenna. 25 Mar. 2012. Web. 16 Apr. 2012. Waits, Jennifer C. "Does ‘indie’ Mean Independence? Freedom and Restraint in a Late 1990s US College Radio Community." The Radio Journal: International Studies in Broadcast and Audio Media 5.2&3 (2008): 83-96. Print.

Friday, August 2, 2019

How to Make a Simple Birthday Cake :: Expository Process Essays

How to Make a Simple Birthday Cake Have you ever wanted to make a birthday cake for a loved one? Well, here is how to make a simple birthday cake. All you'll need is a little time, love, and a few items from the grocery store. You will need a boxed cake mix (the favorite of the birthday person), shortening, eggs, oil, flour, and birthday candles (the number will depend on the age of the birthday person.) When you get home, you will need to gather a few items: a large mixing bowl, a large cake pan, an electric mixer or a large mixing spoon, a spatula, and measuring cups and spoons. First, you will need to wash your hands and work area. Read through the directions on the cake box to be sure you have everything you need. Then, gather all of your equipment and food items in your work area, organize it according to the order you will use them in making your cake. Be sure to preheat your oven to the appropriate temperature before you begin. Next, put the dry cake mix into your large mixing bowl. Then, put the prescribed amount of water, oil, and eggs into the mix. Then, with the electric mixer or mixing spoon mix the batter until it is smooth and free of clumps. Next, grease the large cake pan with the shortening. If you wish, you can wrap your fingers with wax paper to keep them from getting greasy. Then, flour the pan lightly. If you do this over the garbage can it will be easier to clean your work area later. Next, pour the cake batter into the cake pan, using the rubber spatula to scrape all of the batter off of the sides of the bowl. Be sure the batter is level in the pan so it will rise evenly. Next, place the cake on the top rack of the oven and bake for the amount of time specified on the box, the time is usually around thirty minutes. While the cake is baking clean up you work area. After the cake is done remove it from the oven. If you push a toothpick to the bottom and it comes out clean it is done. Turn off the oven and let the cake cool. After the cake has had ample time to cool, you are ready to spread the icing on the cake.

Alcohol Regarding Air Pilots

The dangers of drinking and driving are now well known, so that it may be considered self-evident that drinking and flying are also incompatible. However, aviation is very unforgiving of mistakes and the complexity of powered flight far exceeds that of road transport.Slight and subtle errors on the part of an intoxicated pilot are thus potentially far more serious than for the intoxicated driver, and can have devastating consequences. Because of this, and despite the relative rarity of aviation accidents, safeguards to prevent drinking and flying need to be much more stringent than those employed to prevent drinking and driving.Statement of the ProblemAlcohol use may lead to accidents in aviation. Air pilots are not well-informed about the metabolism of alcohol and the effects that are produced by the consumption of alcohol on the performance. If the blood alcohol concentration becomes zero, the performance of the air pilots still can be impaired due to alcohol.Hazard perception perf ormance has been identified as one source of individual differences in accidents. Thus, if alcohol adversely affects pilots’ hazard perception performance, then such an effect may underlie, at least in part, the increased accident risk associated with drink-flying.Research Question and Sub-QuestionsQ. 1. What are the alcohol related problems amongst air pilots?Q.2. what are the occupational and sub-cultural factors thought to encourage heavy drinking amongst air pilots?Q.3. Do cockpit environmental influences upon alcohol induce impairment of air pilots’ performance?Q. 4. What are the indirect indicators of alcohol consumption by air pilots?Q. 5. What is the relationship between blood alcohol concentration and impairment of performance?Significance of the StudyThis study involves primary and secondary research methods for the collection of data. This paper seeks to review the published literature on alcohol and aviation. The main issues to be addressed will concern ava ilable evidence regarding the level of alcohol consumption by pilots and the problems that ensue as a result of such consumption. Some reference will also be made to alcohol consumption by passengers, ground staff and others, and to problems with other psychoactive drugs of misuse.This study will examine alcohol's effects on hazard perception; that is, the process of identifying hazardous objects and events in the traffic system and quantifying their dangerous potential. This research will be conducted to study air pilots across the spectrum of drink-flying practices, from non-drink-pilots to individuals convicted of flying while impaired (FWI), and to examine the effects of a moderate dose of alcohol on their HPPs. the present study will compare the HPPs of four groups of air pilots: FWI offenders, impaired pilots, non impaired drink-pilots and non drink-pilots.Research DesignSecondary research method will be used for the collection of data for Q.1- Q. 7. The secondary sources will include scholarly journals, previously published academic material, articles, magazines etc. Primary research method will be used for the collection of data for Q. 8.MethodologySubjectsThey will be recruited with the aim of attaining an equal number of participants in four drink-flying groups: FWI offenders, impaired pilots, moderate drink-pilots and non drink-pilots. To achieve this aim, approximately 50 individuals will be identified as potential subjects.DesignA two-by-four, experimental condition by drink-flying category design will be used. Experimental condition (no alcohol and moderate alcohol (0.05% BAC)) will be a within-subjects factor and drink-flying category (FWI offenders, impaired pilots, moderate drink-pilots and non drink-pilots) will be a between-subjects factor.

Thursday, August 1, 2019

Employee Handbook/Privacy Assignment Essay

Employee handbooks are used to familiarize employees with company policies and procedures. Documented employee acknowledgement of receipt and understanding will strengthen the company’s position by confirming employees were informed concerning policies and procedures affecting their employment including privacy. An effectively prepared handbook will not only avoid employee misunderstandings, enhance morale and productivity but also address any applicable state, federal, and international laws. Employee handbooks should focus on the following three overarching privacy areas: (1) Operating- confidentiality of company information, (2) Employment- personnel files, harassment, criminal convictions, and employment references, (3) Electronic Access Policies- privacy of email, confidential information, passwords, and access of another employee’s email (Employee Handbook Company Policy Manual, 2006). A comprehensive employee handbook will provide a roadmap to guide associates th rough the maze of company policies and procedures. The company’s position in response to privacy rights issues should consider and ensure compliance with common law, statutory requirements, and international law, if applicable. Bennett-Alexander and Hartman define statutory claims as follows: State legislatures have responded to the issue of private sector employee privacy in one of four ways: (1) Enacting legislation mirroring federal law,  (2) Recognizing constitutional right to privacy under their state constitutions, (3) Protecting employees only in certain areas of employment, such as personnel records or the use of credit information, and (4) Leaving private sector employees to fend for themselves [†¦] (pp. 593-594, 1995/2004) As such, the employee handbook should identify policies associated with confidentiality including whether the company requires employees to sign a â€Å"confidentiality agreement†. In addition, information concerning random searches as employees enter/exit the facility should be conveyed in the employee handbook. In terms of general employment privacy, the handbook should speak to handling of personnel file information, medical records, criminal background checks, and employment references. Further, the employee handbook should provide an assurance in regard to confidentiality associated with harassment complaints including the company’s investigation process. Finally, the employee handbook should provide clear expectations and procedures in regard to privacy of email, access of another employee’s email, confidential information, and passwords. Electronic access policy information should include the company’s position in regard to monitoring employee’s use of business information systems. The definition of privacy by Schoeman (cited in Hansson and Persson, 2003) states, â€Å"a person has privacy to the extent that others have limited access to information about him, limited access to the intimacies of his life, or limited access to his thoughts or his body† (p. 3, para. 2). Team B’s objective to employee privacy is to have respect for the individual(s). The information collected from an employee is used for the purpose of the job only. This includes information for benefits and medical issues. Unless there is written permission from the employee otherwise. Employee privacy is very important in today’s changing environment. Privacy boundaries may vary from state to state. According to Webster (cited in Hillstrom & Hillstrom), Searches and seizures-an employer has the right to inspect personal belongings (bags, purses, briefcases, cars, lockers, desks, etc.), except when the employer has created a reasonable expectation of privacy. These expectations can be raised if the employee is given a key to a desk, or if  the employer has disseminated a written policy explicitly stating that it will not make such inspections, Monitoring, computer, e-mail, internet, and fax use-businesses have some significant rights in this regard, since they own the equipment. But if these resources are knowingly made available for private employee use, then a reasonable expectation of privacy has been created and personal data placed and maintained on that equipment can be withheld from the employer, Monitoring telephone calls-companies are allowed to monitor calls to make sure that they are business-related and to record them for training purposes, Surveillance and investigation-many surveillance methods (cameras, ID checkpoints, etc.) are legal, as are investigation of employees, provided that they are reasonable and undertaken for work-related purposes, and Drug testing-these policies have been validated by the courts, although criticism of the practice remains intense in some quarters. Drug testing is a popular measure in many industries, and it is practiced by perhaps seventy percent of large American companies. Small businesses, however, are less likely to embrace this technology because of expense, nature of business activity, and concerns about wo rkforce reaction (Reference for Business, p. 1-2, para. 4-8). Employee Handbook: Privacy Workplace Surveillance Information systems are provided for the express purpose of supporting business activity. As such, all use of company systems including email communications are the property of ABC Company. Employees are generally not permitted to use business information systems for personal use. Personal use is permissible if (a) Management has approved it; (b) it does not consume more than a trivial amount of system resources; (c) it does not interfere with employee’s productivity; and (d) it does not preempt any business activity. Electronic mail systems are not to be used for such purposes as producing or distributing â€Å"chain mail†; operating a business; soliciting for personal, political, or religious causes; or for outside organizations. ABC Company does not guarantee, nor should users have any expectation on  privacy of electronic communications. Users should exercise care regarding the contents of communications. ABC Company maintains the capability to monitor all activity on the company’s business information systems including internet web sites visited. Employees must obtain written permission from their immediate supervisor prior to accessing chat rooms for business purposes. Telephone conversations may be monitored for the purpose of evaluating the quality of service provided to ABC Company’s customers. Drug Testing Current and prospective employees will be asked to submit to drug and alcohol testing per ABC Company policy. Prospective employees will be asked to submit to testing if an offer of employment is tendered. Negative test results for drugs and/or alcohol are a condition of employment. This policy is intended to comply with all state laws governing drug and alcohol testing and is designed to safeguard employee privacy rights to the fullest extent of the law. ABC Company will obtain employee signed approval form prior to administering drug and/or alcohol testing. Failure to submit to testing as a result of probable cause will result in suspension and may result in termination of employment. Any drug and/or alcohol testing requested by ABC Company will be performed by a state licensed laboratory. Each employee asked to submit to a drug or alcohol test will be notified of their results by ABC Company within 2 business days of receiving the lab results. Every reasonable effort will be made by ABC Company to maintain confidentiality regarding results. If the test results are confirmed positive, the employee will be given the opportunity to provide a prescription supporting test findings. ABC Company does not tolerate the use of alcohol or nonprescription drugs on company premises or during work hours at facilities operated by ABC Company. Suspension shall be without pay until the results of the test are obtained by ABC Company. If the results are negative, the employee will be reinstated and compensated for hours not worked as a result of the suspension. Positive test results may result in termination of employment. Every reasonable effort will be made by ABC Company to protect the confidentiality of the  drug test results. Employee Records The purpose of this policy is to ensure that employees who have access to confidential information regarding other employees understand the importance of preserving the confidentiality of such information. This policy applies to all ABC company employees who have access to confidential personnel information and/or are otherwise provided access to such information for legitimate business-related purposes. Employees who have access to confidential information, including, but not limited to, personnel matters concerning other company employees (e.g., compensation, employment-related medical information, retirement benefits, marital status, work performance issues and/or evaluations, etc.) must sign an Agreement Regarding Confidentiality and Non-Disclosure of Confidential Employee Information. Management employees requesting access to such information must submit a signed Agreement Regarding Confidentiality and Non-Disclosure of Confidential Employee Information to the Human Resources Department prior to being granted access to confidential personnel information. Employee information shall not be released to any third party without the written request for release of information signed and dated by the employee and verified by an HR representative. Each request for information shall be treated as a separate inquiry, be limited to the information specified in the document and require separate documentation. Where appropriate or in compliance with laws applicable to an employees specific work location, information will be issued to the appropriate authorities with the proper documents authorizing the search and seizure of said information. References Bennett-Alexander, D.D., & Hartman, L.P. (2004). The Right to Privacy and Other Protections from Employer Intrusions. _Employment Law for Business_ (4th). New York: McGraw Hill. (Original work published 1995) Employee Handbook Company Policy Manual. (2006). In _NUPP Legal._ Retrieved September 8, 2006, from http://www.nupplegal.com/polhanman1.html Hansson, S. O., Persson, A. J., Jan 2003, Privacy at Work-Ethical Criteria, _Journal of Business Ethics_, Part 1, Vol. 42, Issue 1, p. 59-70, 12p, Retrieved on September 8, 2006, from EBSCOhost website http://web.ebscohost.com/ehost/pdf?vid=29&hid=11&sid=6fd07b5a-b177-42f8-bcd3-def12a5cabc0%40sessionmgr101 Hillstrom, L., Hillstrom, K., 2006, Employee Privacy, _Encyclopedia of Small Business_ _Di-Eq,_ Thomson Gale, Retrieved on September 8, 2006, from http://www.referenceforbusiness.com/small/Di-Eq/copyright.html