Monday, September 30, 2019

Phases of vietnamese buddhism Essay

The history of Buddhist education in Vietnam can be studied by dividing it into four separate phases or periods. – The formation of Buddhism in Vietnam. This started from the common era and lasted till the end of Chinese dominion – Climax of Buddhism. Buddhism was at its peak during the independence – The decadence after the Le Dynasty – Revival period. This started in the beginning of the 20th century and has not ended yet. The period before the Common Era lays the foundation for the beginning and development of Buddhist education in Vietnam. It was the time when Siddhartha Gautama, who will later attain enlightenment and will be called as ‘Buddha’ was born. As he was born in India, Indians were the first to learn Buddhism. Later when Buddhism came to China, many Chinese monks went to Vietnam in order to spread Buddhism. However, it believed that the Chinese and Indian merchants came to Vietnam for trading. They brought monks with them saying that the monks were the â€Å"calmer of the sea† These monks started preaching their religion in Vietnam. It was easy for them to teach their religion to many people at a time, as Luy-Lau, later known as Ha-Bac was the centre of all trading activities. All the merchants who came here to trade, and merchants who were travelling between India and China, stopped here to rest, therefore, monks were able to spread their religion very easily. Many missionary activities were started as a result. Monasteries were built and Buddhism became important. This was the first time ever in the history of Vietnam, that monasteries were built . The next period or phase proved to be best for Vietnamese Buddhism. In this period Buddhist studies were at their peak and many famous people and rulers converted to this religion. It was when King Dinh Tien Hoang came in to power. Buddhism has its own hierarchy of monks and priests who were accepted by the court. Buddhism was now supported by the royal court and this helped many positive changes to take place. Buddhists were now respected and were considered as learned people. They were asked advice by the royal court and the rulers before taking decisions. This helped them get involved in many political and religious decisions and hence providing many decisions to be taken according to them. This era truly proved to be the best for Buddhist studies and it became one of the most predominant religions. After this, many kings and emperors converted to Buddhism. Many laws came into practice in this era, which were influenced by Buddhism, and hence were in favor of the Buddhists. Van Hanh became a Buddhist in this period. He is known as the meditation master and has influenced many people to convert to Buddhism. Any ruler who was not Buddhists was at least the supporter of Buddhism and this was a very positive point for the Buddhists. In 1010 A. D, almost eight monasteries were built in Ha Bac. All other monasteries and Buddhist temples were also repaired. Tripitaka texts, which were in China initially, were brought in Vietnam. Thousands of Buddha statues and paintings were made and set up. Festivals were set up. Many new monasteries such as Sung Kharh monastery and monastery at Mount Ba were built. In 1086 A. d Dai Lam monastery was built in Ha Bac. Later in 1118 A. D Thien Phat was built which had almost 1,000 Buddha statues . BUDDHIST STUDIES The entire Buddhist education comes from the studies of Buddha, who is the supreme teacher. All of the studies root from saddha, which is the faith in triple Gem. Depdnding upon these studies the students are taught according to the five rules. The students should know the rules, their reason and their appliance in daily lives. Most importantly, they should appreciate all these rules and believe in them. The students should know what is generosity and self sacrifice. These are essential elements that help the students overcome their worldly desires, their selfishness and greed. These five moral rules are dependent on each other. A student can gain by suta, which is by extensive reading of Buddhism texts. According to Buddhist studies the knowledge of a person is dependent on his inside belief of truth i. e. Dhamma. Calm and insight are the two main elements of any Buddhist teaching. In Buddhist education tasks and wisdom are dependent on each other. A student can attain wisdom by deep investigation, discussion and intelligence. This wisdom was the basic instruments which lead Buddha to salvation. This wisdom is the crown of all educations of Buddhism. Without wisdom, education is incomplete. Before French, people were chosen based on their education. These were officials known as â€Å"mandarins†. Learning was very important in those times. It was not just education but it lead a person to intellectual understanding, social standing, wealth and power. Buddhism came directly from India, hence there are many words in Vietnamese Buddhism which are influenced or are taken directly from India. The word Buddha is also taken as it is. However, as the Vietnamese culture is influenced a lot from the Chinese, hence when Chinese monks came to Vietnam, the word Buddha was replaced by the word Phat. In those days, Buddhism in Vietnam was influenced by Theravada Buddhism. It was seen as religion which helped good people and punished the bad. It was very difficult to teach Buddhism at that time as very little literature was available. Vietnamese had no written script; hence a few translations were made in Chinese. The era between 544 and 602 was an independent era and was helpful in spreading Buddhism.

Sunday, September 29, 2019

Ethical Dilemma a Walmart Manager Might Face Essay

Using Collaborative Care The most common uses for collaborative care are patients with chronic diseases and patients with complex problems in need of care across a continuum of health care settings. Chronic diseases that benefit from the use of the collaborative model of care include type II diabetes mellitus, diseases of the cardiovascular system such as hypertension and heart failure, and renal disease, such as failure or chronic insufficiency. In addition, addictions such as those to illegal substances or alcohol, and mental health issues are ideal for the application of the team approach to care. Evidence clearly shows that the collaborative approach significantly increases the quality of care and patient satisfaction with his or her care. According to Kearney (2008), â€Å"team care is complex because the members must recognize each other’s competencies, determine the division of responsibilities for patient care and adhere to essential communication and documentation protocols. † Successful collaborative teams exhibit respect and focus for the common patient goals, have clear role assignments, respect and understand each member’s competencies, use effective and frequent communication and are able to resolve onflicts in a timely manner without major disruptions in the flow of care to the patient. Barriers to successful collaborative team care include any type of breakdown within the team. The most common issues that impact negatively on successful collaboration include disrespect for other members, role boundary conflicts, ineffective communication and p ower struggles between professions. Conclusion As society ages the number of people with chronic diseases and complex illnesses will continue to increase. The acute care setting is only one stop along the continuum of care for the treatment of these conditions.

Saturday, September 28, 2019

Organizational Analysis Paper of the American Heart Association Essay

I will be discussing in detail the creation and reasons of the American Heart Association, it’s importance, the functions and responsibilities of the American Heart Association, the stakeholders’ impact towards the American Heart Association and what are the affects as a stakeholder. Keywords: American Heart Association, functions, responsibilities, stakeholders Birth of the American Heart Association The American Heart Association has evolved into a nation-wide program since its birth in the 1915. According to American Heart Association (2010) a group of social workers and doctors in New York formed the Association for Prevention and Relief of Heart Disease. Due to the minimal information regarding heart disease people with heart disease are considered doom and most were in bed rest. Many doctors research and studied to determine if people with heart disease could return to a normal life and also return to work. Soon, associations started to form along the East Coast, mainly in Boston, Philadelphia, and Chicago in the 1920s. In 1924, six cardiologists together form the American Heart Association. Their main goal was to share research from cities across the United States and Canada and promote further study. According to American Heart Association (2010), the six cardiologists were Drs. Lewis A. Connor and Robert H. Hasley of New York, Paul White of Boston, Joseph Sailer of Philadelphia, Robert B. Preble of Chicago, and Hugh D. McCulloch of St. Louis. Drs. James B. Herrick of Chicago and William S. Thayer of Baltimore were also instrumental with the founding of the association. See more: how to write an analysis paper There were no education or awareness of heart disease and their main goal was to inform many physicians and scientists of the seriousness of heart disease. American Heart Association, (2010) The American Heart Association thought of ways to share the research and studies to the public and in 1946, according to American Heart Association (2010) they received a donation from the American Legion of $50,000 to conduct a research and to develop a community rheumatic fever program. The AHA reorganized and a couple of years later, non-medical volunteers assisted in business management, fundraising, communication, and public education. The AHA made their public appearance on a radio contest in 1948 called â€Å"The Walking Man,† which netted $1. 75 million. The AHA started setting up divisions across the country the following year and raised $2. 7 million. Growth of the American Heart Association The growth of the AHA has been rapid, in numbers, financial resources, and influence, both national, and international. According to American Heart Association (2010), in order to better serve their affiliate and local divisions nationwide changes of the National Center from New York to Dallas was a better idea. Between 1980 and 1986, they made internal changes and wanted to make a louder and clearer voice in reaching out to the public. They developed guidelines for the national health care system. While the federal government attempt to make changes and improvements AHA supported them at the same time continuing to strengthen internal management and programs. As they made changes AHA also concentrated on their mission statement and three areas of specialty important to AHA: cardiovascular science, cardiovascular education, and community programs. The AHA supported new research projects, move scientific staff into one building and sponsor creative professional education programs. Women and minorities were part of the association’s leadership ranks and resulted in more efforts and understanding of heart and stroke disease on women and minorities. In the 1990s, scientific finding began to move more quickly from laboratories and clinics to the physician offices and American households. They outsourced through journals and publishing online. Their strategy was improving affiliate research programs and creating new divisions dealing with stroke and emergency cardiac care. In November 1998, the AHA created a division called the American Stroke Association, which developed stroke education programs, stroke-related research and supported stroke victims and their caregivers American Heart Association (2010). According to American Heart Association (2010) in 2007, a budget of $700 million was granted in support of research, community programs, advocacy, public, and professional education. AHA used the funds for research on CPR training, pacemakers, microsurgery, bypass surgery, life-extending drugs and artificial heart valves. AHA focused on sending out a message emphasizing society to quit smoking, control blood pressure, dieting, be physically active, and maintain a healthy weight. The AHA is also a provider for first aid. Functions and Responsibilities of American Heart Association According to Stover, E (n. d. ), the AHA is a nonprofit organization and is a voluntary organization funded mostly by donors. The AHA depends on more than 3. 7 million people to carry out its goals and have raised over $1 billion since 1949. They create annual goals, taking on the responsibility of reducing heart disease and stroke. For example, in 2009, the goal of the AHA was to reduce smoking, lower high blood pressure and cholesterol. They reduced it by 25% by 2010. The responsibility of the AHA is to divide the organization’s responsibilities into seven areas whereas eight main offices operate nationwide. The seven areas include the office of chief executive, the advocacy division, corporate operations, field operations, healthcare market division, science operations and customer technology strategies, Stover, E (n. . ). The mission of the AHA is â€Å"Building healthier lives, free of cardiovascular diseases and stroke. † Stakeholders in the American Heart Association There are a number of stakeholders involved with the American Heart Association. They include volunteers, employees, partners, vendors, and customers. They play an important part in the function and day to day operations of the AHA. Without the volunteers and employees, the AHA would cease and the American public would not obtain the latest information on preventing heart disease and stroke disease. Without vendors and partners, the AHA would not have the funds and support to make breakthroughs in further preventing heart disease and stroke disease. Without customers, the AHA would not have information for their studies and research to find new medicines or technology to prevent these diseases. So everyone has an important part to the success and expansion of the AHA. The American Heart Association has been a major influence of the lives of the public both nationally and internationally. They have given the public a better nderstanding of what heart and stroke disease are and the seriousness of these diseases. They also have programs and educational material available on what he or she can do as a patient as well as a supporter to make a difference in his or her life and to prevent from getting these diseases. They have classes on CPR and first aid in the event that they encounter someone who is suffering from a heart disease or stroke. I think that without the AHA, there would be a high rate of people dying from these diseases and people would not know what to do if they come across this disease or prevent it.

Friday, September 27, 2019

Immigration Essay Example | Topics and Well Written Essays - 500 words - 13

Immigration - Essay Example This is because the immigrants were to leave their homelands and either travel on foot through the thick forests or through ships, which plied the water bodies. Upon arrival in the United States, the immigrants would settle within localities occupied by most of their compatriots. This would make it easy for them to settle, and would help them avoid loneliness, for they would converse in their own language, practice their own religion and at the same time continue celebrating their cultural beliefs. The 1917 immigration act nonetheless came into play to standardize the number of people who visited the United States based on literacy levels. This is because it was mandatory for each immigrant entering the United States to be subjected to twenty-nine literacy questions, before being screened by a team of physicians that comprised of doctors and nurses for any serious health condition. After which they were free to link up with their fellow citizens. Handlin asserts that the process of immigration into the United States became much difficult following the enactment of the 1924 immigration law, which came into play in 1929. This is because the law authorized immigration based on the national origin structure and created different quotas for immigration. In as much as the United States still opened its doors to immigrants, they were to comply with tighter regulations. Another consequence of the law according to Handlin (2002) is that it restricted a considerable number of immigrants from specific regions of the world, particularly inhabitants of Eastern and Southern Europe and those who came to the United States through slavery and slave trade. The 1924 immigration law made it mandatory that immigrants would primarily seek permission from the U.S consulates within their countries before embarking on the journey to the United

Thursday, September 26, 2019

HR Hiring and retention Term Paper Example | Topics and Well Written Essays - 1750 words

HR Hiring and retention - Term Paper Example stake that an employer can make is to leave a job vacancy unoccupied as he or she continues to hope that the perfect person will eventually be found to fill in this position. In reality, the best candidates in the job market find jobs opportunities within a short time and thus will not be going to numerous interviews, as they will easily secure the jobs they want without going through numerous interviews. It is important to note that there are many other people with an ability to fill the position and may even fit into the company in a better way than the perceived perfect candidate may. In the process of hiring managers also have to abide by a strict budget and this means that there is a chance the perfect will not agree with the terms, however, this does not imply that managers should therefore settle for employees with lower qualifications. Instead, they should remain practical in the process of searching for the most suitable employee. Hunting for the best employee involves a num ber of steps that will ensure that the process of recruitment and hiring is done at the top level. One of the steps involves developing a hiring strategy , which regardless of whether all the positions are full at the present, has to be identified in order to know the manner in which the future employees will be found so that the process can be smooth. A good business should always have knowledge of the way it will seek candidates to fill positions and this means it should come up with a plan that will be in place in the event that a vacancy arises. Another step involves focusing more on training, as through training the workers in the appropriate manner, the company will not have to worry about the recruitment of candidates in the future since most of the employees will be retained at the company. The workers will also be happier and more motivated when they have a good understanding of the activities they are supposed to undertake and how they increase the productivity of the

How do you account for the success of Korea’s chaebol What Essay

How do you account for the success of Korea’s chaebol What problems did the chaebol face in the Asian financial crisis of the late 1990s - Essay Example formance of chaebols and it is regarded that Korean economy became able to recover from the financial crisis of late 1990s due to the efficient performance and adequate restructuring of chaebols (Buzo, 2002, p187). At present, chaebols are successfully operating in South Korea significantly contributing towards the economic development (Choe and Chinmay, 2007, p232). The essay aims to discuss the performance of Korean Chaebols after the financial crisis that hit Korea along with many other Asian countries in late 1990s. The essay examines the recovery path adopted by the Korean Chaebols to identify the factors that have contributed towards re-stability of these conglomerates after the financial crisis. It is revealed that financial crisis draw devastating impact upon the performance and growth of Chaebols however, they recovered from the crisis within few years with the help of government support and adequate business strategies and planning. Chaebols are the South Korean business conglomerates that have attained strong position at international level and own several multinational enterprises. There are several dozen Chaebols working in Korea that are mainly operated by Korean family controlled corporate groups (Fields, 1995, p35). These Chaebols enjoy government support as well as finance that allow them evolving as well known international brands. Some of the well known Chaebols operating in South Korea include Samsung, LG and Hyundai etc. Traditionally Chaebols have played a very important role in economic as well as political progression of Korea. Chaebols have significantly contributed towards the development of new industries, markets and expansion of trade relation at international level (Kim, 1991, p272). It has been widely accepted that Chaebols have well supported Korean economy in attaining the position of East Asian Tiger (Rowley et al, 2001, p21). Chaebols use to play dominating role in the economy of Korea because these entities remain the focus of

Wednesday, September 25, 2019

Enchanted Essay Example | Topics and Well Written Essays - 1000 words

Enchanted - Essay Example It not only spreads the feeling of joy and magic, but also makes the audience laugh at the funny situations that story creates. The movie makes the audience experience everything beautiful and funny that life has to offer. Hence, due to its fantasy world characters, colorful costumes, romantic pursuits, music and dream like story, the movie not only fulfills all the genre requirement of romantic/screwball comedy, but provides all the attributes of romantic comedy in abundance and in generous way. Definition The movie Enchanted, which is directed by Kevin Lima, not only entertains the audience with laughter and romance, but also takes them on an exotic fantasy ride. With its attributes of romance and comedy, the movie can be truly called a romantic/screwball comedy. In conventional way, screwball comedy is defined as â€Å"a distinct genre of film comedy which lampoons on the private lives of members of the upper class† (Laham 25). In earlier days, the aim behind making screwba ll comedy films was to excite the audience by â€Å"thrusting the main characters of those movies into improbable and embarrassing romantic complications which belie their status as dignified and respected members of the upper class† (Laham 25). It is clear from the definition that a screwball comedy has elements of both romance and comedy. If we go by this definition, then the movie Enchanted has all the attributes of the screwball comedy genre. Moreover, according to communication studies professor Robert Miller, the fantasy that is shown in the screwball comedy makes the audience to forget their ‘real world,’ which is usually harsh, and make them believe in the movie’s message that life should be fun (Laham 25). This opinion can be experienced completely through the movie Enchanted. The movie is not only filled with romance and comedy but is full of magical happenings and twists. One can find almost all the genre requirements of romantic/screwball comed y, like fantasy, romantic triangle, music and songs, social class conflict etc., in the movie. Romantic/screwball comedy attributes There are innumerable attributes in the movie which can be called as romantic/screwball comedy attributes. Right from the loving characters, story line, romantic base and musical theme, everything in the movie symbolizes love, joy, happiness and fantasy. However, the most important attribute of the movie is the journey of the characters from the world of fantasy to the world of reality, which is portrayed through transition of characters from animation world to the real world. Transition of characters In the movie Enchanted, some of the lead characters are shown being forced from a land in animated world (called Andalasia) to the world of ‘reality,’ the New York City. This transition has proved to be one of the most interesting attribute of a romantic/screwball comedy. The lead character of the movie, Giselle, her romantic interest Prince E dward, Nanthaniel, Pip and Queen Narissa are shown transiting from the animation world (Andalasia) to the New York City. Their efforts to keep up with the customs and manners of real world are a great delight to watch. For example, when Giselle finds herself on the Times Square after being pushed by Narissa, she creates lot of flutter on the street. Her wedding dress creates a lot of problem for her as she dashes almost everyone with her dress while walking on the foot path. This causes a lot of laughter.

Tuesday, September 24, 2019

A concise report Case Study Example | Topics and Well Written Essays - 2750 words - 1

A concise report - Case Study Example Inasmuch as there seems to be so many opportunities in companies going global, businesses are expected to ensure that they develop effective business strategies and approaches that can enable them to keep pace with the great competition at this stage. In this regard, success in marketing seems to be among the best strategies that businesses operating globally can use as their competitive advantage. In deciding on the marketing approach, it is important that businesses understand the characteristics of the markets in which they are reaching in order to devise strategies that can appeal to the people in that market. With effective marketing, businesses can easily get their goods in shelves in wholesale and retail stores, which is necessary in order for them to be successful. Marketing strategies are not homogeneous, what may have been successful in the domestic market may not prove to be successful in the global market as well, which underpins the need for effective research and understanding of the global market before launching in the new market. This paper examines the different marketing approaches used by companies going global, focusing on the effectiveness of the relationship marketing approach as opposed to traditional/transactional approach in the global markets. The term â€Å"global marketing environment† is sometimes very complex to describe or explain since it encompasses various issues in the global business environment that are never constant, always changing. In order to have the best approach towards understanding what entails the global marketing environment, it is important that one examines some of the current literature and changes in the business environment. In the modern business world, the changing behavior and buying patterns of customers as the proliferation of many and new marketing channels have set up many new issues in the business environment

Monday, September 23, 2019

Compare and contrast at least two anthropological interpretations of Essay

Compare and contrast at least two anthropological interpretations of the term culture - Essay Example Their vision of culture influenced anthropological thinking for at least fifty years. Culture, as a guidance system, leads society to notice important differences between humans and other phenomena that get directed. Humans and their guides are often in conflict. Humans, or peculiar primates, create a peculiar guidance system, one that is praised, died for, evaded, avoided, and taught to young children. Intuitively, all we know about culture makes sense. C. Geertz represents a symbolic anthropology school which underlines a key role of symbols (thoughts) in society and its culture. Geertz develops and discusses the main ideas about culture and its meaning in The Interpretation of Culture (1973) and Local Knowledge: Further essays in Interpretive Anthropology (1983). It is important to note that this school of thoughts is also called an interpretive anthropology, paying a special attention to semiotic nature of culture. Under the leadership of Clifford Geertz, culture generates considerable excitement as a semiotic concept. Ideas and concepts used in his theories, Geertz took from the work of Gilbert Ryle and translating his philosophical ideas into notions usable by anthropologists, Geertz is revitalizing an old link with philosophy. This revitalization movement has its own vision of culture. According to Geertz, culture is no longer a map lodged in human minds; it is no longer plans, recipes, and rules. Culture, now, is traffic in things which impose meaning. More completely, and in Geertz's words, culture is traffic in anything "that is disengaged from its mere actuality and used to impose meaning upon experience" (Geertz 1973, p. 45). Within this context, human activity is well described as a "text," and a culture as an assemblage of texts. In presenting texts to interested publics and in interpreting their meanings, anthropologists assume old roles with some new labels, observers, scribes, translators, and interpreters. The documents anthropologists present must be deeply embedded in the contextual richness of social life; a text, that is, must be a "thick" description. Geertz defines culture as "a system of inherited conceptions expressed in symbolic forms by means of which people communicate, perpetuate, and develop their knowledge about and attitudes toward life" (Geertz 1973, p. 89). The problem is, it is quite easy to write a text that is thick, but it is very difficult to write a text that is valid. The problem has not escaped Geertz. He admits that it is difficult to fathom "what our informants are up to and what it all means." Also, he settles rather cheaply for "doing the best we can" and using a lot of guessing. In his words: Cultural analysis is (or should be) guessing at meaning, assessing the guesses, and drawing explanatory conclusions from the better guesses, not discovering the Continent of Meaning and mapping out its bodiless landscape. (1973: 15) Guessing, a fundamental strategy in science, generally passes under the more prestigious name of hypothesizing. And hypothesizing, in traditional science, is but part of the opening moves. In the middle game and the end game scientists (1) build and use models and (2) utilize verification procedures. Instead of formal models, Geertz provides two general and rather strange images. Humans, for Geertz, are like spiders "suspended in webs of significance"

Sunday, September 22, 2019

Critical Response of an image Essay Example for Free

Critical Response of an image Essay Advertisement is a notice or announcement in a public medium promoting a product, service, or event or publicizing. It is also bringing into awareness a new product or idea. Advertising generally tries to sell the things that consumers want even if they should not wish for them. Advertising things that consumers do not need for is not effective use of the advertiser’s money. A majority of what advertisers sell consists of customer items like food, clothing, cars and services†¦ things that people desire to have. On the other hand it is believed by some advertising experts that the greatest influence in advertising happens in choosing a brand at the point of sale. Advertising appeals to consumers through common images; the logo used is well-designed and there is a clear separation of art from commerce. Advertisers use these iconic images to appeal to consumers since they symbolize or stand directly for something. The image for MacDonald’s symbolizes its quality. Therefore, advertisers use these images to communicate much more than words, since they seem to convey the message without too much effort. According to McDonald’s website, their mission statement is â€Å"to be our customers favorite place and way to eat. The worldwide operations have been aligned around a global strategy called the Plan to win centering on the five basics of an exceptional customer experience – People, Products, Place, Price and Promotion. It’s committed to improving the operations and enhancing the customers experience. For decades, Macdonald’s has maintained a broad advertising campaign. In addition to the media, the company makes considerable use of signage and billboards, sporting events and coolers of drinks with their logo for all kinds of events In the case of McDonald’s advertising the texts used are effective. They have contributed in attracting targeted clients to the company. The wordings are extremely pleasing and successful at getting the consumers to buy the products. The phrase ‘I’m Lovin’ it’ which is used in one of the advertisements, indicates a piece of advertising that is particularly striking. According to Cross â€Å"propagandas is simply a means of persuasion†, which they have applied that to their place because it is evidently an artistic expression, yet is trying to sell something to the consumers. The company’s effectively is truthful since the business brings in new customers and creates new products. The company released a burger that is low fat, and which targeted adults in response to the consumers’ desire for healthier options. The company has learned from its previous mistakes, like going after the wrong target market of adults instead of young adults. This however, resulted to a turn around strategy, which later led to increase in sale and profits. McDonald’s has managed to implement strategies that satisfy the changing need of the customer. The company, being an international restaurant within the quick service restaurant, requires a very high level of promotional campaigns to remain competitive. This has been so, since some of the most memorable commercials in fast food industry have emerged from this particular company. Effective speaking has contributed to its world-wide expansion and in its listing on the public stock markets. With the expansion of McDonald’s to a worldwide market, the company has become a symbol of globalization. At the same time, it has acted as the spread of the American system of living. Its prominence has also resulted to regular topics of public debates on obesity, business ethics and consumer responsibility. The company also introduced a cafà © style in accompaniment to the restaurant. To accommodate the recent trend of high quality coffee and recognition of coffee shops in general. A number of locations are connected to convenience stores and gas stations, this level of achievement is an indication of effective advertising or else truthful rhetoric. The corporation also earns revenue as an investor in properties, as an operator and franchiser of restaurants. The company’s business model is slightly different from other fast- food chains. In addition, franchising fees and marketing fees are calculated as a proportion of sales. Many researchers, including some writers believe there is a connection between advertisement and harmful behaviors. Some suggest that advertisements affect children negatively especially young women. Lutz argues that the manner in which advertisers modify the meaning of words is able to have a harmful effect on languages and how it is used. The author believes that the relationship amid humans and any form of culture can be complicated. However there is no denial that there is a relationship between behavior and advertising. On the other hand, it is not convincing on the directness and similarity about the relationship between media and advertising. Lutz continues to argue that advertisers use language to imply a great thing about products and services without promising anything at all. With extensive skill, advertisers can create an advertisement that makes us to believe that a particular product is better than it is without having to lie about it. (Lutz, 448) According to Machesney, adverting must build a brand while speaking with one voice. They develop economies in the creative process, while maximizing its local effectiveness and it increases the company’s speed of implementation. It is the key to determining success of the organization. The ability to identify the key of an ad that contributes to its success leads to maximization of the economy of scale. (Machesney, 265) Critics argue that commercialization of all fields of society, increases in consumption and wastes resources; privatization of public space and the negative influence on the lifestyle is due to overrated advertising. Advertising to some extent has contributed tremendously to destroying non-material possessions. Public service adverting is an adverting technique used in promoting goods and services. It is crucial in forming, educating and motivating the public about non commercial issues like conserving energy, deforestation and political ideology. It is an influential and educational tool that is capable of motivating and reaching larger audiences. Adverting justifies its existence when used in the public interest. It is too much a powerful tool to be used for commercial purposes only. Infomercials are televisions commercials with a longer format; they are very useful in creating an impulse purchase, so that the moment the consumer observes the presentation, it is followed by immediate purchase of the product through the advertised toll free number. Infomercials describe, display and frequently demonstrate products and their features. They commonly have testimonials from industry professionals and consumers. According to Williamson, press advertising is an influential means of advertising. It describes advertising in printed medium such as newspapers, journals or magazines. This involves everything from media with a broad readership base. It allows private companies or individuals to purchase a small targeted advertisement at a low fee to advertise their products and services. (Williamson, 255) Celebrity branding is another powerful form of advertising that mainly focuses on using a celebrity popularity to gain recognition for the product. Celebrities are frequently involved in advertising campaigns like televisions or print adverts to advertise general or specific program. This can lead to great success if it is endorsed by various companies, and practiced prudently. Online advertising is the most recent and productive form of advertising. It reaches a massive audience at the same time being affordable, as compared to other mediums. This is achieved by the use of World Wide Web to express the purpose of delivering marketing messages to draw customers.

Saturday, September 21, 2019

Statutory Protection of Employment Law

Statutory Protection of Employment Law The Failed Promise of Statutory Protection The subject of the legal regulation of labor is one of great complexity. Up to the present time a priori objections to such regulations have delayed their introduction, and only gradually, as experience has demonstrated their usefulness, have they been extended to situations which seem to require them. In †¦ the United States the notion that the legislative power should not be used to regulate conditions of employment has been abandoned by most thoughtful persons, but the prejudice against interference is as strong as ever. Henry R. Seager, Economics, 1904, p. 431 Following a period of legislative inaction, selective statutory restrictions on the right to dismiss came into existence largely as a byproduct of labor legislation of the late 1920s and early 1930s. The introduction of limitations to the at-will rule within the NLRA framework, in particular, marked the long overdue recognition that, as long as employers had the right to dismiss employees, at-will public policy goals, such as industrial peace and the extension of orderly collective bargaining, were unattainable. Following a roughly historical chronology, this chapter explores how, from the 1920s onwards, restrictions on dismissals were constructed around notions of â€Å"orderly† collective bargaining. Thematically, the focus of the chapter is on the creation of new institutional structures and their impact on the status of workers in terms of job security. Underlying this analysis is the tentative hypothesis that the NLRA, and the practices which evolved from it, provided unions and their members with a sense of control over dismissal rights which was largely illusionary. This mistaken sense of control, in turn, encouraged unions to put efforts into job security enhancing measures at the plant and company level which ultimately did not constrain managerial prerogatives effectively. This lack of real control became apparent in the mid 1960s, when the Supreme Court handed down several decisions which reaffirmed the right of management to close branches and discharge employees without u nion interference. Apart from excluding non-unionized workers, the NLRA system, perhaps against the intentions of its original sponsors, ultimately came to severely circumscribe the right of unions to bargain over job security at the very time when such protection was needed. The Promised Lands of Protected Bargaining At the turn of the century, many US industrial relations scholars questioned the assumption that injustices in the labor market could be remedied through legislative acts and/or, more generally, via a strengthening of individual employment rights. Opposition to legislative approaches was grounded primarily in the belief that solutions to the â€Å"labor problems of industrial societies† could be created more easily by strengthening the standing of organized labor as collective bargaining agent rather than by creating a host of specific employment regulations.[1] Accordingly, in 1911, the Harvard economist Taussig suggested that the most urgent task in reforming US employment relations was not detailed new legislation per se, but rather the protection of bargaining representatives:[2] The workmen clearly gain by having their case in charge of chosen representatives, whether or not these be fellow employees; and collective bargaining and unionization up to this point surely bring no offsetting disadvantages to society. As to the immediate employees, there is often a real danger that he who presents a demand, or a grievance, will be â€Å"victimized.† He will be discharged and perhaps blacklisted; very likely on some pretext, but in fact because â€Å"he has made trouble.† In the 1930s, Taylors influential Labor Problems and Labor Law argued, very much along the lines of earlier reform advocates, that individual workers had been deprived of their ability to bargain primarily because of the expansion and centralization of management.[3] To remedy this situation, Taylor argued, the state had to enable workers to bargain collectively, both for wages and for the protection of their jobs. Said Taylor:[4] Legally free to dispose of his services at any price he deems just, immediate necessity in the face of an oversupply of labor reduces that freedom to empty words. His [meaning the workers] inferior bargaining position is not wholly due to economic inequality, but in part to a lack of knowledge of labor conditions, and a bargaining skill less effective than that of his employer. The injustices growing out of the individual bargaining burden affect not only the individual worker but the entire group to which he belongs. Unregulated competition resulting from individual bargaining tends to pull down the terms of employment to the level of the weakest employer Taylors notion that inequalities of labor were due to the exposure of workers to individual rather than collective bargaining echoed the opinions of some of the nations leading judges of the time. Judges Holmes and Field had earlier opposed bans on union activity on account of the fact that union activity merely counterbalanced the combination of capitalists.[5] Despite the gradual acknowledgement of the legitimacy of strike action by some courts, up until the 1920s, few judges had been willing to offer protection to those workers who were discharged for union membership or strike activity. In theory, collective bargaining could serve to limit the power disequilibrium between the employer, who, as Holmes says â€Å"is free to discharge the worker, and the worker who depends on his job for his livelihood.†[6] In practice, however, the relationship between job security and collective action had remained largely antonymous. Post World War I, workers who participated in collective action, be it as organizers or as strike participants, were likely to face retaliatory discharges or even blacklisting.[7] Industrial actions in which in excess of 1,000 workers were permanently dismissed included the Homestead strike of 1892, the Pullman strike of 1894, and the steel strike of 1919-20, which involved approximately 365,000 workers and resulted in over 10,000 permanent discharges. In the Boston police strike of 1919, in which the policemen struck for the right to organize with an AFL affiliate, meanwhile, more than one third of the police force were permanently discharged. The first congressional statute addressing issues of dismissal and organizing activity, the Erdman Act, had attempted to prohibit the retaliatory discharge of union members working on the railroads; at a time when the railroads were the only area where the Federal Government had the authority to regulate such matters. Passed by Congress in 1898, Section 10 of the Erdman Act made it an offense to threaten an employee â€Å"with discharge† or to blacklist the employee after a discharge because of membership in a labor organization. Specifically the Act read: [8] That any employer subject to the provisions of this act and any officer, agent or receiver of such employer who shall require any employee, or any person seeking employment, as a condition of such employment, to enter into an agreement, either written or verbal, not to become or remain a member of any labor corporation, association, or organization; or shall threaten any employee with loss of employment, or shall unjustly discriminate against any employee because of his membership †¦ or who shall, after having discharges an employee, attempt or conspire to prevent such employee from obtaining employment or who shall after the quitting of an employee, attempt or conspire to prevent such employee from obtaining employment, is hereby declared to be guilty of a misdemeanor, and †¦ shall be punished for such offense by a fine of not less than one hundred dollars and not more than one thousand dollars. In 1908, section 10 of the Erdman Act was declared in violation of the Fifth Amendment by the Supreme Court in Adair v. United States. This rather predictable decision again rendered members of labor organizations unprotected from retaliatory discharges.[9] Unionized workers were given some support by the courts in the Brandeis and Holmes Supreme Court decisions of the 1920s.[10] Explicit legislative protection of those engaging in organizing activity however commenced as late as 1926 with the passage of the Railroad Labor Act (RLA), which, apart from requiring employers to bargain with unions, prohibited employers from discriminating against union members.[11] The RLA applied originally to interstate railroads and related undertakings, but was later amended to include airlines engaged in interstate commerce. The Norris La Guardia Act (NLGA) of 1932 gave some federal sanction to the right of labor unions to organize and strike.[12] Implicitly, it also limited the ability of federal courts to enforce â€Å"yellow dog contracts,† under which workers promised not to join a union or promised to discontinue union membership.[13] The National Industrial Recovery Act (NRA) of 1933, the predecessor of the National Labor Relations Act, in troduced the idea of codes of â€Å"fair competition† which fixed wages and hours in certain industries. Title I of the Act, which was declared unconstitutional in 1935, guarantied the right of employees to collective bargaining without interference or coercion (which included the dismissal of employees). [14] The National Labor Relations Act (NLRA) of 1935, or Wagner Act, included some previously invalidated labor sections of the NRA, as well as a number of additions. Primarily concerned with restricting employer activities against union organizing and bargaining efforts, the NLRA prohibited employers from, firstly, â€Å"dominating or otherwise interfering with the formation of labor unions†; secondly, â€Å"interfering or restraining employees engaged in exercising their rights to organize and bargain collectively; and, thirdly, from â€Å"refusing to bargain collectively with unions representing a companys employees.† In doing so, sections 7 and 8 of the NLRA effectively tied the legal protection of employees from retaliatory discharges to the right of employees to organize collectively. The Act stated to this effect that:[15] Sec. 7. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. Sec. 8. It shall be an unfair practice for an employer— (1) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7. (2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it†¦ (3) By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization†¦ (4) To discharge or otherwise discriminate against an employee because he had filed charges or given testimony under this act. (5) To refuse to bargain collectively with the representatives of his employees†¦ Under the NLRA regime, employers were required â€Å"not to refuse to bargain collectively with the representatives of his employees† with regard to â€Å"rates of pay, wages and hours of employment, or other conditions of employment.†[16] While the Act had made it clear that retaliatory dismissals of union members were illegal, it gave no guidance on the question of whether bargaining over â€Å"other conditions of employment,† included issues relating to job security.[17] Moreover, despite the appearance of sweeping legislation, coverage under the NLRAs protective umbrella was narrow. Public employees at the federal, state, and local level, agricultural workers, domestic workers, and supervisory employees all were excluded.[18] Nonetheless, for those covered by the Act, statutory dismissal protection was available in connection with established categories of protected activity the courts had created. This included dismissals for strike action, union membership and related activities. Indeed, at its outset, the NLRB rulings allowed significant numbers of dismissed employees to gain reinstatement. From the appointment of the Board in the Fall of 1935 until March 1939, the Board handled a total of 20,192 cases involving over 4.5 million workers. Of these cases 19,018 or four fifths were closed. Of the total cases closed, about 52% were decided by agreements, while the remainder were dismissed, withdrawn or closed in some other way before coming to the Board. About two thousand cases were strike cases, involving 356 thousand workers, of which 75% were settled and in which 227 thousand workers had to be re-employed. An additional 15 thousand cases were decided in favor of workers alleging non-strike related discriminatory discharges, and resulted in the reinstatement of the respective workers. Between January 1 of 1938 and April 1 of 1939 alone, the Board heard 1,675 cases alleging discriminatory discharges and ordered the reinstatement and/or compensation of 1,022 wo rkers.[19] In theory, there was a potential for collective bargaining agreements to include job security guarantees of some form. Given existing cultural pre-dispositions, both amongst the judiciary and managers, however, the possibility of partial union control over personnel and investment decisions was remote. Judicial support for the right to manage had a strong pedigree and its influence would not wane quickly. In the 1890s already, some state courts had felt the need to defend the right to manage. In the view of most courts this right was as much a part of the free labor creed as was the right to work. â€Å"Free labor† required that both employers and individual workers were fully responsible for their decisions. Permitting workers to organize and successively influence managerial decisions was viewed as a danger to free economic competition. In State v. Glidden, an outraged Connecticut judge stated, that once workers could influence managerial decision, no longer would the heads of industrial and commercial enterprises rise from the â€Å"ranks of the toilers, no longer could self-reliant ambitious men push to the fore.†[20] Unable to manage as they saw fit, businessmen would stop risking their capital, time and experience. â€Å"At best, the nations business would be conducted by paternalistic enterprises, at worst anarchy pure and simple † would prevail. At the turn of the century, Taussig had already predicted that union demands for job security would clash with managers insistence on â€Å"the right to manage.† His Principles of Economics stated to this effect that:[21] Private ownership carries with it the seeds of conflictthe inevitable clash between those who employ and who are employed. Disguise it as we may, smooth over to our utmost, adjust where we can, there the conflict is, ever liable to break out. The private employer regards his business as his own, its methods of management as subject to his own judgment. It is almost invariably urged by him and his spokesman that the effective working of the business machine depends above all on unfettered freedom in the selection and tenure of employees. So long as this attitude prevails, the workman will feel in turn that he must retain his weapon of defense, the strike, even though it entail injury to a wide circle of persons. Even if employers were to consent to restrictions on their power of discharge, contests would remain, strikes would brew. And on the other hand discharge is but one of the matters in which employers absolute rule is to be questioned. Discharge is conspicuous because it is t he outstanding weapon. As long as unions and their members had little formal protection through the law, management had been able to assert its dominance with relative ease, if only by dismissing those who questioned it. Once NLRA legislation protected concerted action, this situation had changed radically, and conflicts between unions and management over dismissal rights were pre-destined. When President Truman called the second National Labor Management Conference in 1945, labor and management representatives found themselves unable to agree on the boundaries of collective bargaining. Disagreement had arisen particularly with regard to managements right to make workers redundant, close and/or relocate branches. The statement of the management representative at the conference expressed the employers dismay over this matter:[22] Labor members of the Committee on Managements Rights to manage have been unwilling to any listing of specific management functions. Management members of the Committee conclude †¦ therefore, that the labor members are convinced that the field of collective bargaining will, in all probability, continue to expand into the field of management. The only possible end of such a philosophy would be the joint management of the enterprise. To this management members naturally cannot agree. Management has functions that must not and cannot be compromised to the public interest. If labor disputes are to be minimized, labor must agree that certain specific functions and responsibilities of management are not subject to collective bargaining. In theory, the evolving conflict about the appropriate limits of collective bargaining, and particularly the rights of labor to interfere with managements redundancy and dismissal decisions, was resolved by reference to new management concepts such as the residual rights doctrine. In practice, a set of employer friendly court decisions and the decline of unions in the US settled the issue, first, in rough terms, during the first decade of NLRA rule, and then, in greater detail, over the following three decades. The notion of residual rights, which deserves a passing mention in this context, developed from the 1940s onwards to become a prominent feature of the management of industrial relations in the 1960s and 1970s. The residual rights doctrine postulated that management rights were the result of an evolutionary process, whereby initially management possessed total freedom in ordering the affairs of the enterprise. This included freedoms with regard to whom to hire and dismiss and when to do so. Union demands and labor legislation encroached on this freedom. It followed that every time a manager made a contractual concession, and/or every time a labor law restricted management options, the original rights of management were reduced. What remained then were the residual rights, not specifically renounced by management or restricted by law.[23] If, for instance, management renounced the right to dismiss according to productivity or any other performance criterion and agreed to dismiss accord ing to seniority, seniority replaced managements previous decision criteria. Meanwhile other issues, such as how many workers could be dismissed in a specific time period, remained within the exclusive sphere of managerial decision making.[24] Adopting this view, many arbitration decisions applied a two-stage approach to questions about the appropriate bargaining remit of a union. If union representatives and management disagreed on whether an issue was a legitimate bargaining item, previous contractual agreements as well as legal requirements had to be investigated. If no explicit statement restricting managements rights in the respective matter could be found in these sources, the issue typically had to be considered as falling within managements remit. Since explicit renunciations of the rights to dismiss were typically rare, management usually maintained broad discretion over dismissals, which fell outwith causes covered explicitly by just-cause rules. Because existing practices and informal agreements had little legal bearing on conflicts over the interpretation of the NLRA, the residual rights doctrine offered almost no guidance to the courts in evaluating the legitimacy of union involvement in termination decisions. Here an alternative, and in many ways even more restrictive approach, evolved over time. While the NLRB of the early years generally looked favorably upon workers whose discharge could in some way be linked to union activity, it also condoned a wide set of permissible grounds for dismissal. In this context, several NLRB decisions early on vindicated traditional assumptions about managerial prerogatives. Discharges were sustained by the NLRB in cases involving gross inefficiency of a worker, incompetence, change in equipment, â€Å"ruckus and horseplay†, absenteeism, brawling, cursing of the boss, and the violation of company rules.[25] Most importantly, discharges in the absence of employee misconduct were fre quently declared permissible if there was no evidence for anti-union activity. This included discharges for lack of work, which were generally approved by the Board even in absence of union consultation, as long as anti-union bias could not be proven. In its Seagrave decision of 1938, for instance, the Board set a precedent for the preservation of employment-at-will within collective bargaining.[26] Seagrave, an automotive equipment plant had discharged an employee three weeks after he got his job. The foreman testified to the fact that the employees work was satisfactory. The worker, a CIO member, had previously been arrested for disorderly conduct during a strike and alleged that he was fired because of this previous involvement, and, more specifically, because his foreman had received a blacklist showing his name. The spokesman of the company explained that the polisher was hired because of a temporary emergency arising from the receipt of a special order, and that he was dismiss ed when the work on that order let up. The Board found no evidence for anti-union activity and declared the dismissal legal. In the case of Sheba Ann Frocks (1938), similarly, thirty employees, who had been dropped from the payroll of the Sheba garment plant, complained to the Board alleging that their discharge was based on their CIO membership.[27] Company officials testified that the layoffs took place because of a lack of work at the end of the regular production season. The Board accepted this explanation because the company retained over half of its CIO employees and discharged non-union employees as well, although not proportionally. In its conclusion the Board stated that, in the case of a dismissal for legitimate business reasons, such as slack work, no consultation with union members was required. While NLRB decisions of the late 1930s, such as Seagrave and Sheba, delineated the space between dismissal protection and managerial prerogatives more or less by default, several court decisions attempted to give guidance which was general enough to be applied to other contexts. This tendency towards establishing a formula which ringfenced managerial decision making from union intrusion could already be detected in the Supreme Courts ruling on NLRB v. Jones Laughlin Steel, the landmark case better known for its acceptance of the NLRA. In Jones, the Supreme Court stressed that although the Act required bargaining, it did not â€Å"compel† agreement.[28] For the Supreme Court, in other words, the NLRA was legal because, and only because, the Act did not interfere with â€Å"the normal exercise of the right of the employer to select employees or to discharge them.†[29] That, in defining normal rights, the Supreme Court emphasised the right to discharge workers did not bod e well for those who expected the Act to significantly reduce arbitrary dismissals. With Jones, the court had indicated that outwith matters directly related to collective bargaining, employment-at-will was still very much in place, with restrictions only affecting those discharges which were explicitly declared illegal in the NLRA. More importantly, it had implied that would be difficult to create an agreement sanctioned and protected by the Act which would eliminate the right of employers to discharge workers for â€Å"legitimate† reasons. In NLRB v. Sands Manufacturing (1938), a federal appeals court was even more explicit in affirming managements freedom to dismiss workers.[30] In Sands, a collective agreement between the company and MESA, a labor union, was broken by the union. The company apparently bargained collectively with MESA. After two months, the company signed an agreement with another union, some of whose members were employed in order to replace MESA members. The NLRB ordered reinstatement of the MESA employees and requested the circuit court to enforce its order. The 6th circuit set aside the order and dismissed the petition to enforce. With respect to the termination of the employer-employee relationship the court stated that:[31] The statute [meaning the NLRA] does not interfere with the normal right of the employer to select or discharge his employees If employees violate their contract they may be discharged for that reason and this does not constitute a discrimination in regard to tenure of employment nor an unfair labor practice, nor does it continue a discharge because the employees are members of a union. [T]he statute does not provide that the relationship held in status quo under Title 29, Section 152(3) [meaning the prohibition of dismissals during strikes] shall continue in absence of wrongful conduct on the part of the employer and of rightful conduct on the part of the employees. If such were its meaning, the right of the employer to select, and discharge his employees would be cut off. The Sands decision was in many regards more radical than previous rulings. In Sands, the court had concluded that, provided the employer had engaged in bargaining, NLRA legislation had to be interpreted so as not to otherwise constrain the employers rights to select and discharge employees. In other words, the court indicated that any action which would effectively restrict the right of employers to discharge, after basic bargaining obligations were met, could be struck down. While both the Jones Laughlin Steel and the Sands cases redefined space for at-will discharges relatively broadly, the Supreme Courts 1942 Montgomery Ward decision attempted to give a comprehensive definition of managements rights which gave managers broad control over discharge decisions.[32] In its Montgomery Ward decision, the 9th Circuit excluded from arbitrable grievances:[33] changes in business practice, the opening and closing of new units, the choice of personnel (subject, however to the seniority provision), the choice of merchandise to be sold, and other questions of a like nature not having to do directly and primarily with the day-to-day life of the employees and their relations with supervisors. Although Montgomery Ward supported traditional concepts of management rights with respect to day-to-day arbitration, it left open a number of important questions with regard to dismissals arising as a consequence of longer term strategic decisions. This included questions relating to the dividing line between a rational business decision to relocate a plant, and one involving, for example, the elimination of a unionized plantan illegal antiunion activity. Moreover, the Courts decision to exclude changes in business practice from arbitrable grievances, merely prohibited unions from insisting on arbitration in these matters; and hence relieved management from the legal duty to discuss these matters in good faith. This did neither mean that union representatives could not bargain about these issues when contracts were negotiated, nor did it imply that once management conceded to union involvement in these matters, this involvement was illegal or unenforceable. The latter issue of bargaining about alleged management prerogatives was addressed first in 1952 in NLRB v. American National Insurance Group.[34] In American National, the Supreme Court held that management could enforce limits to bargaining on the basis of a management prerogative clause, under which the union was ousted from involvement in certain matters. American Nationals management prerogative clause included issues of discipline and work schedules; that is, statutory rights with respect to mandatory bargaining. The court, nonetheless, rejected the Boards position that employers were obligated to establish ongoing bargaining during the terms of the collective agreement on issues subject to defined managerial prerogatives. While in American National the company had attempted to impose broad limitations on bargaining rights, many companies insisted â€Å"only† on the type of management prerogatives listed in the Montgomery case, such as the freedom to decide on the closure of units. In the mid-1950s, Haber and Levison reported that over 80% of the contracts signed in the building industries contained one or another form of a managerial rights clause. Many of these clauses explicitly prohibited bargaining over issues of job security.[35] The management literature, meanwhile, welcomed American National because companies were now less likely to face NLRA proceedings if they refused to discuss issues of employment security. This was the case, not only where companies had gained past assurances that union representatives would respect managerial prerogatives, but also where such clauses could be â€Å"inferred† from existing bargaining agreements.[36] Management rights in matters of dismissals and layoffs were â€Å"clarified† further in the 1958 Supreme Court decision on Borg-Warner. In NLRB v. Wooster Division of Borg-Warner the Court held that there were three subjects of bargaining: mandatory, nonmandatory, and illegal.[37] The obligation to bargain, as specified in the NLRA, applied only to mandatory subjects. A nonmandatory subject was â€Å"permissive,† meaning that it could be raised by either party. However, when a party insisted on a position regarding such an area to the point of impasse, it was acting illegally under the provisions of the Act.[38] Since the law had defined the mandatory subjects of bargaining, Borg-Warner played an important role in the preservation of managerial prerogatives with regard to redundancies and dismissals. Under Borg-Warner, union demands for job security or employment guarantees could be rejected, as they could not be reasonably classified as mandatory bargaining items.[39] When determining what were mandatory and nonmandatory bargaining subjects, the NLRB and the courts of the 1950s and 1960s typically referred to the relevant NLRA section 9(a) which mandated bargaining for pay, wages, hours of employment, and other conditions of employment. Given these specifications, any issue involving pay and hours was obviously a mandatory bargaining item, requiring both parties to bargain in good faith or face sanctions through NLRB proceedings. More problematic was the clause including, â€Å"other conditions of employment.† When issues like redundancies, mass layoffs and mass discharges were at stake, the courts and the Board usually interpreted â€Å"other conditions of employment† to mean that union involvement in decisions about which workers were to be laid off or made redundant, was mandatory. To this effect union representatives were to be informed about planned manpower reductions. Union representatives were free to address issues related t o discharges, make suggestions with regard to manpower relocation, or suggest alternative ways of cutting costs. If the company refused, unions, however, could not insist on a settlement of the issue. While strike action relating to these matters was not per se illegal, any protracted industrial action on non-mandatory manpower issues was likely to be declared an unfair labor practice by the NLRB or the courts.[40] This approach, needless to say, gave unions with little power to influence a companys manpower decisions even in industries where levels of organization were high. Since it was often difficult to link a redundancy decision to union avoidance or to invoke contractual clauses which

Friday, September 20, 2019

Cannabis Sativa: Why Hasnt It Been Legalized? :: essays research papers

What if we were able to legalize a drug that works more efficiently on some diseases than any legal drug on the market today? This drug can help to aid such notorious diseases as AIDS and glaucoma. The name of this drug is cannabis sativa, or its more well-known name, marijuana. Cannabis sativa should be legalized for its medicinal uses. This paper will state the different types of diseases that marijuana may be used for, the current steps towards the legalization of this drug for medicinal purposes, the reasons for the use of this drug not to be exploited, the positive and alleviating effects of its use, and the non-addictive attributes of the drug itself. There are many reasons to show why the illegal drug, marijuana, should be legalized solely for its medicinal uses and benefits. Marijuana can be used for such things as glaucoma, controlling seizures, arthritis, the side effects of cancer chemotherapy, such as vomiting and nausea, asthma, anxiety, convulsions, AIDS and depression (Cohen, 1985). "In glaucoma, it reduces the pressure in the eye, for instance, and it also causes a slight increase in appetite in people suffering from AIDS wasting or those undergoing chemotherapy" (Medical Experts, 1997). Marijuana has been widely touted as a treatment for the drastic weight loss associated with AIDS (Levine, 1997). Cannabis sativa reduces the vomiting and nausea caused by chemotherapy, and alleviates pretreatment anxiety. It reduces the muscle pain and spasticity caused by the disease, but it may also help some patients with bladder control and the relieving of tremors (Facts & Stats, 2001). There are a number of peopl e who have severe mental illnesses. When they feel like they are becoming mentally ill, they start self-medicating with cannabis to help them to relieve the symptoms of the illness they are having (Jamaica, 1997). In the study on rats, a research team from Complutense University and Autonoma University in Madrid found that marijuana's active ingredient, called THC, killed tumor cells in advanced cases of glioma, a quick-killing cancer for which there is currently no effective treatment. The team reports that the treatment works by stimulating the cancer cells to commit suicide in a natural process called apoptosis. The effect occurs in cancer cells but not in normal ones and, they say, "could provide the basis for a new therapeutic approach for the treatment of malignant gliomas". (Rea, 2000) But anytime there is an upside, there is always a downside.

Thursday, September 19, 2019

charant Sophocles Antigone Essays: The Character of Antigone :: Antigone essays

Antigone  Ã‚     In the story of Antigone, two very headstrong people's beliefs are matched up against each other. Creon, the king, made it law that no traitor to the Kingdom shall have a proper burial, instead they will be left laying on the ground to rot and to be eaten by the animals. This was the case of Antigone's brother, Polyneices. Antigone's love for her brother was so great that she went against the law, even though she knew Creon's punishment for breaking the law was public stoning, which ultimately resulted in death. Creon, who had an equal amount of determination, refused to back down from his law for his own reasons even after Antigone ignored it. He could not submit himself to the will of a woman. At that time, women were looked at as being in the same class as slaves. If he did, it would have showed weakness in him and the people would have overthrown him for letting a woman have that effect on him. So instead of the public stoning, Creon sentenced Antigone to die in a cave where she could starve to death. Instead of dying a slow miserable death, she committed suicide by hanging herself. As it turns out, this set off a string of events for the king that he could have never saw coming. The first of the tragic events that would unfold was the death of h is son. Haemon was Creon and Eurydice's son and was next in line to the throne with Antigone as his wife. Creon's son was set to be married to Antigone, but after Creon sentenced her to death, Haemon turned on his father. He was outraged that Creon had taken away his future wife, in which he was very much in love with. He was so outraged, that he would even break the unique and special bond between father and son. Haemon felt incomplete without Antigone and could not stand being apart from her. He found away to solve his problem and get revenge on his father at the same time. He had taken his own life and at the same time killed the future of the family's place in the throne. Creon was crushed at what his son did, especially hearing it from someone else. After hearing of Haemon's death, Eurydice was completely devastated and felt somewhat violated. She felt Creon was responsible for the death of not only Haemon, but for Megareus who was killed some years before.

Wednesday, September 18, 2019

Essay --

What is Motivation? Is it about how hard you want something the drive you have to achieve that one task that has been on your mind since you could think for yourself or is that one long driven thing you come put all your effort into? But actually motivation is defined by Psychology today. It says â€Å"Motivation is literally the desire to do things. It's the difference between waking up before dawn to pound the pavement and lazing around the house all day. It's the crucial element in setting and attaining goals—and research shows you can influence your own levels of motivation and self-control. So figure out what you want, power through the pain period, and start being who you want to be.† While our motivations actually come from the interchange between nature and nurture we consider four perspectives when we are trying decipher different motivation behaviors. The first is the instinct theory which basically focuses on the genetically given behaviors. The second theory is the Drive-reduction theory which differentiates or determines how Nature and Nurture both interact with each other. Next is the Arousal theory which focuses on finding the right level of stimulation in the human body. And lastly the final Concept is not a theory but actually a hierarchy of needs. Basically states how some of the needs and wants we have take over other things that may be a priority. Charles Darwin in the 20th century to classify all behaviors and traits as instincts. A instinct is defined by the book as â€Å"A complex behavior that is rigidly patterned throughout a species and is unlearned† To me what this means is that a instincts is something that you really cannot avoid it just happen yes it is possible to break to instinct’s but they always start ou... ...s all about wanting to belong in the School and by my team I loved basketball but I felt like the only reason I loved basketball was because the admiration it came with basketball was a huge peer pressure moment of my life I only liked it because it made me popular and once I broke my ankle I knew who my real friends were and the only people I could count on was my teammates and my family that was the only group at the end of the day I wanted to belong to. Speaking of family that is the only group of people you really need I want you to know that family will never leave you so you don’t need to belong to any other groups or organization that is the truth I am happy to be a part of a great and loving family that is pushing me to be great every day of my life that is what I want to belong to only and ever in my life a great and loving family and I am happy for that.

Tuesday, September 17, 2019

Compare/Contrast Paper

Darius White Michael Duffy TSEM: Blood, Lust, and the American Dream 13 October 2012 The articles I have selected all involve metaphorical drugs and addictions in vampire media. The in class article I have chosen is titled Not to Be Toyed With’: Drug Addiction, Bullying and Self-empowerment in Buffy the vampire Slayer by Rob Cover and it involves the fictional character, Willow, and her addiction to magic. The article shares several similarities with the peer reviewed article Battling Addictions in Dracula by Kristina Aikens, and â€Å"[I]s it dangerous? Alternative readings of â€Å"drugs† and â€Å"addiction† in Buffy the Vampire Slayer by Jo Latham. All three articles explain the drug references in vampire media albeit with different points and interpretations. They briefly explain what an addiction is and how it applies to that particular subject. But two articles in particular, Not to Be Toyed With and â€Å"[I]s it dangerous? † both mention the nega tive aspects of peer pressure and bullying and what effect it can have on someone’s psyche specifically on the character Willow.Both articles explain how Willow’s magical curiosity began to manifest into something darker through time. The more she used magic, the more she relied on it and the more she became reluctant to control herself. She also began to show signs of an addiction, including withdrawal. The articles differ from Not to Be Toyed With in the sense that they explain drug use using different examples. â€Å"[I]s it dangerous? † takes a more in depth look in how Willow’s addiction causes her to become more compulsive, and how her friendships begin to crumble the more she hurts others with her magic.The article states that â€Å"The show succeeds in depicting drug use and its consequences as a complex web of dynamic intra-action between personal agency and structural forms of social restraints. Magic is pharmAkon: poison and cure, and the dist inction arises from how it is used: for good or evil, productively or destructively. † It states that the show attempts to show that drugs aren’t entirely bad, but can be used constructively. It evens takes it a step further by comparing her to other drug abusers and the medical aspect of addictions.It mentions that there may be properties of magic that has universal effects that may result in addiction, not the magic itself. In Battling Addictions in Dracula, It doesn’t use magic as a metaphor for drugs, but it compares drug abusers to a vampire addicted to human blood, more specifically the war on drugs. It briefly mentions the various drugs and makes several references to vampire culture. It also states that the drug use in Dracula refers to real life instances where doctors would try to control drug consumption during that era.The article elaborates further by stating, â€Å"Doctors carefully regulate the use of drugs in the novel, implying that disaster wil l surely ensue if the drugs are used improperly, which is demonstrated when Lucy dies as an indirect result of the maids being drugged. † Works Cited Aikens, Kristina. â€Å"Battling Addictions in Dracula. † Manchester University/Gothic Studies, 17 Mar. 2010. PDF. 13 October 2012. http://ehis. ebscohost. com. proxy-tu. researchport. umd. edu/eds/pdfviewer/pdfviewer? id=0737b5e2-8766-4318-a13a-9ef14709da71%40sessionmgr111&vid=3&hid=120 Latham, Jo. â€Å"[I]s it dangerous? Alternative readings of â€Å" drugs† and â€Å"addiction† in Buffy the Vampire Slayer. † Watcher Junior. June 2010. Web. 13 October 2012. http://www. watcherjunior. tv/05/latham. php Cover, Rob. â€Å"Not to be Toyed With': Drug addiction, Bullying and Self-empowerment in Buffy the Vampire Slayer. â€Å"Continuum: Journal of Media & Cultural Studies 2005 19(1): 85-101.

Monday, September 16, 2019

Putting the Service †Profit Chain to Work

PUTTING THE SERVICE – PROFIT CHAIN TO WORK Group – 5 Introduction: Factors that drives profitability Investment in people Leadership Vision – Patina of spirituality, importance of mundane Profitability Technology supporting frontline workers Successful service companies: Banc One, Intuit, Southwest Airlines, Service Master, USAA, Taco Bell, and MCI Compensation linked to performance Recruiting and training practices The Service – Profit Chain †¢ Establishes relationships between profitability, customer loyalty, and employee satisfaction, loyalty and productivity †¢ Measure and management techniquesSupport services and policies Employee loyalty, satisfaction, productivity Value and service Customer satisfaction Customer loyalty Profit and growth The Links in the Service-Profit Chain †¢The service profit chain is also defined by a special leadership †¢Examples: Herbert Kelleher – Southwest (Patina of spirituality), William Pollard – ServiceMaster (Teacher-learner managers, servant’s heart), John McCoy- Banc One (Uncommon Partnership, system of support) Customer Loyalty that drives Profitability and Growth 5% increase in customer loyalty can produce profit increases from 25% to 85% †¢ Quality of market share in terms of customer loyalty as important as quantity of share in the market †¢ Example: Banc One †¢ Measures of Customer retention †¢ No. of services used by each customer – depth of relationship †¢ Level of customer satisfaction †¢ XEROX Customer satisfaction Drives Customer Loyalty †¢ Polled 480,000 customers per year †¢ Five point scale – satisfaction(product and service) †¢ Relationships between the scores – actual loyalty differed greatly between 5s and 4s apostles †¢ Terrorists – unhappy customersValue drives Customer Satisfaction †¢ Value – related to the total costs (price and other costs incurr ed) †¢ Example: †¢ Progressive – insurance company – Quick processing and payment to claims – Little policy holder effort – CAT (catastrophe) team Employee Productivity Drives Value †¢ Southwest Airlines †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ 7th largest US domestic carrier 86% of employees unionized (total 14,000) Employees can perform several jobs Schedules, routes and company practices to enable speedy boarding and deplaning (15 min. 40% more pilot (70hr/month) and aircraft utilization Fare charges 60-70% lower Customer perceptions of value are very high without additional facilities 14,000 employees – marketing research unit Employee loyalty drives productivity †¢ Study of automobile dealer’s sales personnel †¢ More employee turn over more loss Employee Satisfaction drives Loyalty †¢ Propriety study of a property and casualty insurance company †¢ Southwest – highest reten tion (95%) †¢ USAA – Insurance and financial services providerInternal Quality drives Employee Satisfaction †¢ Working environment †¢ USAA – telephone sales and service representatives †¢ Information system †¢ Training †¢ ServiceMaster †¢ Attitudes of people toward one another †¢ Cleaning and maintenance †¢ Importance to mundane Leadership Underlies the Chain’s Success †¢ Corporate culture centered on service †¢ Willingness and ability to listen †¢ Examples Relating Links in the chain for management Action †¢ Few have links in meaningful way †¢ Examples Property and casualty insurance company †¢ MCI †¢ Taco Bell  » Employee participation  » Periodic round table meetings, interviews Service – Profit Chain Audit †¢ PROFIT AND GROWTH †¢ How do we define loyal customers? †¢ Do measurements of customer profitability include profits from referrals? †¢ What pr oportion of business development expenditures and incentives directed to the retention of existing customers?†¢ Why do customers defect? Service – Profit Chain Audit †¢ CUSTOMER SATISFACTION †¢ Are customer satisfaction data gathered in an objective, consistent, and periodic fashion? Where are the listening posts for obtaining customer feedback in your organization? †¢ How is information concerning customer satisfaction used to solve customer problems? Service – Profit Chain Audit †¢ EXTERNAL SERVICE VALUE †¢ how do you measure service value? †¢ How is information concerning customers’ perceptions of value shared with those responsible for designing a product or service? †¢ To what extent are measures taken of differences between customers’ perceptions of quality delivered and their expectations before delivery? Do our organization’s efforts to improve external service quality emphasize effective recovery fro m service errors in addition to providing a service right the first time?Service – Profit Chain Audit †¢ Employee productivity †¢ How do you measure employee productivity? to what extent do measures of productivity identify changes in the quality as well as the quantity of service produced per unit of input? †¢ Employee loyalty †¢ How do you create employee loyalty? †¢ Employee Satisfaction Is employee satisfaction measured in ways that can be linked to similar measures of customer satisfaction with sufficient frequency and consistency to establish trends for management use? †¢ Are employee selection criteria and methods geared to what customers as well as managers believe are important? †¢ To what extent measures of customer satisfaction, loyalty or the quality and quantity of service output used in recognizing and rewarding? Service – Profit Chain Audit†¢ INTERNAL SERVICE QUALITY Do employees know who their customers are? †¢ Employee satisfaction with technological and personal support? †¢ LEADERSHIP – To what extent – – – – – Energetic, creative vs stately, conservative? Participatory, caring vs removed, elistist? Listening, coaching and teaching? Motivating by mission vs motivating by fear? Leading by means personal values vs institutionalized policies? Time spent developing and maintaining culture? †¢ RELATING MEASURES †¢ what are the most important relationships in company’s service profit chain? .

Sunday, September 15, 2019

Craft-Oriented Objects Essay

We encounter many craft- oriented objects day to day. I do not think I really thought about how objects were made and their value in life until I received this assignment. As I was thinking about all of the things that are craft- oriented, I especially thought about things at work and my home. I actually work at a dress shop and I’ve thought about how those dresses were made. Every dress company has a location where they make their dresses, like China. Each dress is handmade and takes many hours and hard work to make. I believe this is an art of craft and has high value in a woman’s world. I also own many dresses of my own from going to prom and participating in various pageants. The next time I am wearing one of these delicate dresses I am going to take a minute to think about the hard work and long hours that it took to make my dress just for me. Another one of the many craft-oriented objects that I see and use every day is my home. My home is one of the most important places to me and it has several qualities that make it unique to me. It is amazing to think about all the hard work and the time that went in to building my house. Although my house has many craft-oriented objects in it, my house as a whole is a huge craft-oriented object in my everyday life.

Saturday, September 14, 2019

Benefits and Risks of 3D/4D Ultrasound Essay

Non-invasive method of producing pictures of parts of the body by exposing them to high-frequency sound waves is known as ultrasound imaging or sonography or ultrasound scanning. The images obtained thus are captured real-time, thus showing the movement, structure and blood flow of the internal organs. The equipment used for this purpose is known as ultrasound scanner which consists of a console, a video display screen and a transducer. The console contains a computer and electronics. High frequency, inaudible sound waves are sent into the parts of the body through the transducer in small pulses. These waves bounce off the tissues producing a change in the pitch and direction of the sound. This change is again picked up by the transducer and then based on these echoed waves, the shape, size and consistency of the part of the body is deducted and a real-time image is created on the monitor (radiology info, n. d. ). Until recently only the conventional 2 dimensional images were being produced. However recent advances have led to the development of 3-dimentional and 4-dimentional images too. Such images are very popular in obstetric scanning and are being used to view the baby in the pregnant mother. The 3D/4D images allow physicians and mothers to look at the features of the baby and also watch the baby move and grow (Wood, 2008). 3D pictures are produced by storing the echoed waves digitally and shading the life-like images of the baby. Adding element of movement to 3D pictures produces 4D pictures. However, the clarity and activity of the images depends on the gestational age and the position of the fetus at the time of scanning (Wood, 2008). Benefits of 3D/4D ultrasound The most relieving benefit of the modern 3D/4D ultrasound is that there is no preparation needed prior to scanning. The conventional 2D ultrasound demanded full-bladder causing discomfort to the patient. Also, certain parts of the body like the arms, face, legs, toes and fingers are seen more clearly in the 3D/4D. Thus conditions like cleft palate are more easily detected in the modern ultrasound. Various movements of the fetus like smiling, crying, yawning, blinking, and moving fingers can be seen with 4D ultrasound. Another benefit with this type of scanning is that the type of display is multiplanar allowing visual cut through of structures and organs in any plane. Thus even the fetal brain and its cavities can be studied (Wood, 2008). Studies have reported that 3D ultrasounds were much superior in determining fetal weight more appropriately. Also, 3D ultrasounds require lesser views, are easier to use, are more efficient and produce much clearer image when compared to 2D scanning (Wiseman and Kiehl, 2007). Thus, 3D ultrasounds are able to analyze fetal abnormality in a better way. 3D ultrasound is superior to 2D in nuchal cord identification at term (Wiseman and Kiehl, 2007). 3D ultrasound can identify women who have chances of delivering early by measuring cervical length. 3D is also superior in gender identification, even in the first trimester (Wiseman and Kiehl, 2007). There is lot of potential to study neurological behavior of the fetus using 4D ultrasound (Wiseman and Kiehl, 2007). On the whole, 3D/4D ultrasound gives an opportunity to expectant mothers to know and familiarize their babies much before they are born, thus creating bondage between mother and baby. The technology also allows visual confirmation of pregnancy and reassurance of well-being of the fetus. Risks of 3D/4D ultrasound Although no obvious risks have been identified with 3D/4D scanning as is the case with 2D scanning, the American Institute of Ultrasound in Medicine warns against the possibility of biological effects of scanning which may be identified in future (Wood, 2008). Even the American College of Radiology and The United States Food and Drug Administration warn against casual exposure to ultrasound especially during pregnancy. This warning comes in the light of shooting baby photos in malls using scanning machines. There are also concerns about possible thermal and mechanical damage to the fetus caused by sound waves which has led to the ALARA principle of exposure, meaning, the sonologists expose the fetus to ‘As Low As Reasonably Achievable’ doses of sound waves (Wiseman and Kiehl, 2007). Conclusion 3D/4D ultrasound scanning is a wonder technology which is gaining lot of importance in obstetric medicine. This method of scanning allows better visualization of the fetus and its parts, early and proper identification of anomalies and establishment of bond with the baby much before the baby is born. However, though there are no reports of side effects of these non-invasive procedures, researchers warn against the possibility of thermal and mechanical damage to the fetus, thus discouraging unnecessary exposure during pregnancy. Research is warranted to discover the side effects of these wonder technologies. References RadiologyInfo. Obstetrical Ultrasound. Retrieved on 21st Feb. , 2009 from http://www. radiologyinfo. org/en/info. cfm? PG=obstetricus Wiseman, C. S. , and Kiehl, E. M. (2007). Picture Perfect: Benefits and Risk of Fetal 3D Ultrasound. MCN, The American Journal of Maternal and Child Nursing, 32(2), 102- 109. Wood, D. (2008). New Dimensions in Prenatal Ultrasound: 3D and 4D. Retrieved on 21st Feb. , 2009 from http://www. swedish. org/17337. cfm

Friday, September 13, 2019

Management and Society Assignment Example | Topics and Well Written Essays - 750 words - 1

Management and Society - Assignment Example Undoubtedly, yes. As Croston states, â€Å"The green business revolution is changing how we live and work to strike a balance between living well today and allowing for future generations to live well tomorrow† (2). The essence of this statement is not a mere promise or a false hope, as the technologies, resources and expertise that we command today have progressed beyond traditional and often ill-informed perceptions to live up to the pledge of safeguarding the planet. Expanding on the critical role that technological advancements and ‘green’ innovations can play in transforming plastic bag usage, I am pleased to put forth the contemporary perspectives in plastic biodegradation. These advancements are not only revolutionizing and modernizing our operations at Big Bags but are also transforming the way the plastics industry can address environmental concerns posed by the factors associated with the degradability of plastic products. Research shows that while the most commonly used plastics such as polyethylene are highly durable, biodegradation of plastic waste by means of specific microbial strains has come into view as a practical and feasible solution (Sivan 422). When discussing the adverse impact of plastic bag usage on the environment and the ecosystems, the foremost stance that has emerged is that of either banning or levying taxes on plastic bags. Furthermore, these proposals are attached with recommendations of replacing plastic bags with paper bags, the latter of which are advertised on the basis of their reusability which acts as a unique selling point to attract customers. Unfortunately, paper bags do not provide a viable and environmentally friendly alternative to plastic bags, Marc Gunther at GreenBiz.com notes that the findings of several recent researches and studies have uncovered that plastic bags are more environmentally preferable than paper bags. This view stems from the fact

Thursday, September 12, 2019

The Realization of Speech Act Requests encountered by Iraqi Learners Dissertation

The Realization of Speech Act Requests encountered by Iraqi Learners of English in Australian Universities - Dissertation Example The direct strategies will compare the respondents on the basis of imperative, performative, statements of obligation & necessity, statements of speaker’s needs and demands, and statements of speaker’s wishes and desires. The conventionally indirect strategies will focus on the suggestory formulae, the hearer’s ability when preparing a query and the hearer’s will when preparing a query. This is followed by the permission requests which are again query preparatory in the conventionally indirect strategies. The non-conventionally indirect strategies include the grounders, the feasibility for the requested act and the availability. At first the respondents were asked specific questions based on the ways in which they behave with other people when communicating or asking for particular requests in order to fulfill their requirements in one way or the other. This distribution clearly shows that the Iraqi learners living in Australia are more conservative and us e the conventionally indirect approach when asking other people for something or requesting other people for help in any of their quests. Most of them rely on the ability of the person they are talking to for their desired queries. This is followed by the ones who put in a permission request in order to satisfy their needs. 4.1 Choice of Strategy in High Power Settings: Question 1: The first question shows that the order questions made by the Iraqi people who have been in Australia for a shorter span of time will be focusing more on the permission request strategy which is conventionally indirect in the Australian English. These people are the ones who have been in Australia for a few months and others and have not been able to adapt the culture and the way Australians behave in a proper way. Almost 31.2% of the Iraqi people living in Australia will follow permission strategy which is followed by the hearer’s ability as 25.74% Iraqi’s were more inclined to use this as part of the request for the query that they may seek to ask for anything they have to. This is followed by the imperative style which takes in 22.86% of the answers of the Iraqi’s. This shows that they will be asking in a demanding way. There was equal distribution of respondents in their perspectives of the needs of speaker’s needs and demands and the speaker’s wishes and desires. This toll was around 8.57% of the 35 Iraqi respondents who were available for this survey. This shows that the Iraqi speakers will make some same and some different choices in terms of strategy compared to Vietnamese and the Australian speakers. Most of the Australian speakers use the permission and the ability strategy in order to make a request. The Vietnamese speakers will also use the imperative strategy along with the permission and the ability strategy. The rate at which they use the permission strategy is the same as compared to the rate of imperative strategy. Comparatively, t he Iraqi people will look forward to the permission strategy mostly, followed with the hearer’s ability when forming the strategy. They will also use the imperative strategy when it is needed but to a lesser extent compared to that of the Australians and the Vietnamese. Question 2: The second question was based on a situation in which one is an office manager who is looking for a document. The document is to be seen immediately after the meeting