Employer Obligations Following a Strike - Free Essay Example

Sample details Pages: 5 Words: 1582 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? After a strike, does the employer have an obligation to place striking workers back in their prestrike position if there might be violence aimed at them? Diamond Walnut Growers Inc. v. NLRB According to the book à ¢Ã¢â€š ¬Ã…“If the employer replaces the strikers with new employees, then once the strike is over, the strikers have a right to reinstatement if they offer an unconditional offer to return to work. If their jobs are occupied by replacement workers, then unfair labor practice strikers have a right to be reinstated, but economic strikers are not.à ¢Ã¢â€š ¬Ã‚  (Dawn Hartman, 2012, p. 726) When reading on strikes it does not state anything regarding violence. I would presume that this means that the employee is entitled to their position that they stepped out on for strike after the strike was over. The book also doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t give too much detail on what the violence was and if this employee was involved in the violence. Another th ing I would think that would determine this would be if the strike was through a union or not. If it wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t through a union most states are able to fire without a cause. But if it was through a union the employee would be covered. As I reread the chapter and read on NLRA, I believe the employer may have favor on this. Although in the book it doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t specify if this is regarding strikes, but according the book the NLRA doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t not cover violence. à ¢Ã¢â€š ¬Ã…“Acts or threats of violence are not protected.à ¢Ã¢â€š ¬Ã‚  (Dawn Hartman, 2012, p. 717) So with that, it needs to be clear if the employee who was on strike was violent. If they were, they are not entitled to their previous position. I think it all depends on the details of the case to determine if the employer has an obligation of reinstating the employee to its position. After reading Case Law Diamond Walnut was a processing, packaging, and distribution plant f or Diamond nuts. It runs with seasonal and permanent employees. In 1991, 500 seasonal and permanent employees went on strike. During the strike Diamond brought in replacement workers to keep the plant running. Also during the time of the strike there were acts of violence between employees on strike and replacement employees, this lead to many restraining orders between both the parties. After a year of strike, the union met with Diamond. They notified 2 employees were returning to work. One employee was a supervisor prior to the strike and the other was fork lift truck driver, both were permanent employees. When they returned to work they were placed as seasonal workers in positions that were not their previous. They were easily reprimanded and targeted for failing to do things correctly. The union filed a complaint that Diamond discriminated against the returning employees and also how Diamond failed to place them in their previous position where they were to be reinstated t o their position. Diamond had no justifiable reasoning for not reinstating employees to their previous positions. When addressed by the Union. There were complaints filed of discrimination and that the employees were entitled to their positions. Diamond claims they were not. They claimed they were protecting the replacement employees due to violence from the employees who were on strike. There were many other allegations that these employees participated in while on strike. They were boycotting and protesting the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s product. It was in Diamonds concern that when placing these employees back into their positions they could potential harm others or the product. Diamond was found in violation of à ¢Ã¢â€š ¬Ã…“Section 8(a)(1) and (5) of the Act, 29 U.S.C. Secs. 158(a)(1) and (5), by refusing to provide the Union with the names and addresses of current workers. Diamond does not challenge these findings.à ¢Ã¢â€š ¬Ã‚  (https://openjurist.org/53/f3d/1085/dia mond-walnut-growers-inc-v-national-labor-relations-board) From my understanding the Union Board found Diamond in violation. Then Diamond challenged the board due to the reasonings of safety. The employees that were on strike attempted sabotage and violence. Diamond is not obligated reinstating employees that went on strike. It is unclear to me how the case ended. From what I gather. Diamond had a justifiable reason to move these employees around but do not have the right to discriminate period. But they were looking out for their company. **This case was extremely hard to understand. I had searched easier translations and still struggled. ** Chapter 16 Page 790 #7 Does the supervisorà ¢Ã¢â€š ¬Ã¢â€ž ¢s statement constitute an intentional act of injury by the employer, thus removing the case from the limits set by the workersà ¢Ã¢â€š ¬Ã¢â€ž ¢ compensation statutes? Is it relevant to a jury decision if OSHA issues a citation for a wil lful violation in this case before it goes to trial? Van Dunk v. Reckson Associates Realty Corp. When filing for workers compensation in this situation there is no-fault required. If a person is injured on site at work, whoever is at fault has nothing to do with the claim. Workers compensation will cover all injuries that occur in a workforce. This is a benefit each employee gets. It covers costs, damages, and long term damages. OSHA has many requirements and when determining at fault is separate from workers compensation. OSHA is there to make sure all companies are ran safely to prevent injuries. à ¢Ã¢â€š ¬Ã…“OSHA requires that an employer provide a safe workplace.à ¢Ã¢â€š ¬Ã‚  (Dawn Hartman, 2012, p. 762) From my understanding OSHA is completely different than workers compensation. OSHAà ¢Ã¢â€š ¬Ã¢â€ž ¢s job is to monitor the employer, there work place, and if things are running safely. On their website they state à ¢Ã¢â€š ¬Ã…“to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistanceà ¢Ã¢â€š ¬Ã‚  (https://www.osha.gov) After reading Case Law The plaintiff is the employee who was seriously injured. He was working for a construction company. The site they were working on was being affected by the weather. Due to more unworkable weather heading their direction They were instructed to cover their site with special fabric. They were having issues with the fabric reaching all the area and blowing away. The plaintiff volunteered to go into the Trench to reach the end and cover it properly. His supervisor told the plain OSHA arrived after the incident and cited the company for negligence. Due to the fact that no person should enter a trench bigger than 5 feet and the trench that the plaintiff entered was between 18-20 feet. This was a violation. Not only was that a violation, it is required the trench be well supported and approved to enter. This also was not the case. The site director knowing OSHA laws was aware of this and still allowed this situation to occur. No one should have entered the trench. The site director admitted fault and worked out the issue with OSHA. They were fined and worked out a deal with OSHA to pay $24,500. This case was first thrown out. Then was appealed by the plaintiff. Although OSHA fined and sited the wrong doing of the company. The jury has no reason to use this for a workers compensation claim. With that the plaintiff has to prove that the company is liable for the injuries the plaintiff sustained and that they were at fault due to negligence. Although there were many violations by OSHA and there was an admittance by the employer. In the state of New Jersey they provide workers compensation benefits without fault. Only if proven that the employer intentionally hurt an employee can there be a liable suite. Since there is no proof that this was the case. The cou rt declined that there were any intentional wrong doing on the employer. I think the plaintiff should have looked more into the benefits his workers comp claim would cover. Because there is no reason he should sue the company when he is already completely covered. References Alexander, D., Hartman, L. P. (2012). Employment law for business (7th ed.). New York: McGraw-Hill. DIAMOND WALNUT GROWERS INC v. NATIONAL LABOR RELATIONS BOARD 601 AFL CIO. (n.d.). Findlaw. Retrieved August 15, 2014, from https://caselaw.findlaw.com/us-dc-circuit/1054902.html Google Scholar. (n.d.). Google Scholar. Retrieved August 15, 2014, from https://scholar.google.com/scholar_case?case=13947923641005810283hl=enas_sdt=6as_vis=1oi=scholarr New Jerseys Supreme Court Rejects Expansion Of Intentional Wrong Exception To Workers Compensation Act. (n.d.). New Jerseys Supreme Court Rejects Expansion Of ?Intentional Wrong Exception To Workers Compensation Act. Retrieved August 18, 2014, from https ://www.clausen.com/index.cfm/fa/firm_pub.article/article/0cfdff8f-8caf-4d49-827f-4f3360e8cf46/New_Jerseys_Supreme_Court_Rejects_Expansion_Of_Intentional_Wrong_Exception_To_Workers_Compensation_Act.cfm Occupational Safety and Health Administration Home. (n.d.). Occupational Safety and Health Administration Home. Retrieved August 18, 2014, from https://www.osha.gov/ Once Is Not Enough (After All)! The New Jersey Supreme Court Reverses Van Dunk and Reaffirms the Exclusive Remedy Doctrine of the Workers Compensation Act. (n.d.). Marshall Dennehey Warner Coleman Goggin. Retrieved August 18, 2014, from https://www.marshalldennehey.com/defense-digest-articles/once-not-enough-after-all-new-jersey-supreme-court-reverses-van-dunk-and OpenJurist. (n.d.). 53 F3d 1085 Diamond Walnut Growers Inc v. National Labor Relations Board. Retrieved August 19, 2014, from https://openjurist.org/53/f3d/1085/diamond-walnut-growers-inc-v-national-labor-relations-board VAN DUNK v. RECKSON ASSOCIAT ES REALTY CORPORATION LLC. (n.d.). Findlaw. Retrieved August 15, 2014, from https://caselaw.findlaw.com/nj-supreme-court/1604525.html BUS303 Week 4 and 5 Chapter Questions Points Possible 30 AREA POINTS POSSIBLE YOUR SCORE Grammar/Spelling/Writing 5 APA/Formatting 5 Research/Referencing 7 Detail/Argument/Facts 13 TOTAL 30 Don’t waste time! 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William Wordsworth And Thomas Hardy - 1397 Words

The term â€Å"sacred† can be interpreted in a variety of different ways. It can be used to describe a feeling/experience or an object/place. For some people, their definitions of sacred can vary across these areas of interest. One area that comes to mind when the sacred is mentioned is nature. Nature is a special domain that all species on earth are able to experience. One person’s experience with nature can differ greatly from another person’s experience with nature. You can take wonderful hikes along daring mountainsides, surf in beautiful blue oceans, or meditate in quaint forests. At some point in our lives, we have experienced nature in some way. We may even have fond memories that stem from being in nature. For some people, nature is†¦show more content†¦Ã¢â‚¬ ¦..†¦ Unfortunately, this special relationship that we feel with nature is threatened as our world becomes more modernized. Wordsworth wrote about this concern in his poem â€Å"The World Is Too Much.† He realizes that our actions, conscious and unconscious, are hurting the environment around us. Today, as our society becomes more technologically advanced, we find ourselves spending more time inside rather than outside. There are some instances where we find ourselves in nature but we are not fully aware of our surroundings. We can miss the natural beauty of a sunset because we are nose-deep into our cellphones. We take photos of sunsets for Instagram but we do not appreciate the full aesthetic experience of that sunset. Although Wordsworth’s time period did not have cellphones or Instagram, he may agree that these mindless actions are contributing to the destruction of nature. In â€Å"The Garden of Love† by William Blake, he writes about all the joy that he has experienced in nature. The narrator visits various sites that allowed him to experience this happiness. 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The Body’s Response To Stress And How Do We Deal With It Free Essays

Introduction Stress is a psychological and physical response of the body that occurs whenever we must adapt to changing conditions. And a stressor is the stimulus that brings about the stress response. For example, if you are scared of flying, airports may be a stressor for you. We will write a custom essay sample on The Body’s Response To Stress And How Do We Deal With It or any similar topic only for you Order Now Hypothalamic Pituitary Adrenal Axis (HPA) The stress response begins in the brain in an area called the hypothalamus, this is the point at which the perception of stress by higher brain centres begins a major physiological change in the body, it does this by stimulating 2 biological mechanisms. The first is called the Hypothalamic Pituitary Adrenal system (HPA). When a stressor is detected, the higher brain centre send signals to hypothalamus telling it to ready the body for action. The hypothalamus does this by communicating with another part of the brain called the pituitary gland, stimulating it to release adrenocorticotrophic hormone (ACTH). ACTH is detected in the bloodstream by the adrenal cortex, and in response it releases further hormones called the corticosteroids. There are a number of corticosteroids each having specific effects on the body, like causing liver to release glucose, fatty acids and cholesterol for extra energy needed during stress. When the corticosteroids are detected by the brain it has the effe ct of switching off the stress response. Sympathetic Adrenalmedullary Axis (SAM) For the sympathetic adrenal medullary axis (SAM), when the hypothalamus activates the sympathetic nervous system, which is a part of the autonomic nervous system, it stimulates a gland in the body called the adrenal medulla to release 2 hormones called adrenaline and noradrenaline into the bloodstream, these hormones have wide-ranging effects but mainly to increase blood pressure and heart rate. Seyle’s General Adaption Syndrome Han Selye(1940) developed a theory which has helped us understand how and why stress leads to illness. He subjected animals to a variety of stressors such as injection, poison or extreme temperature and found that a similar pattern of physical responses could be observed, and divided them into three different stages. At stage 1 which is the alarm stage, stressor is perceived, HPA and SAM are activated, heart rate and blood pressure therefore increase.Stage 2, the resistant stage, the level of stress-related hormones and bodily arousal are remaining high n finally, at the final exhaustion stage, long period of stress (chronic stress) eventually exhaust the body’s defense system and its ability to maintain high levels of circulating stress hormones, stress related illness may develop. There has been an increasing body of evidence supporting a relationship between long-term stress and cardiovascular disease, 2 of the biggest risks are high blood pressure and coronary heart d isease. Kiecolt- Glaser’s Exam Study Research on a wide variety of stressors has shown that stress can reduce the effectiveness of the immune system. Kiecolt- Glaser et al (1984) has done an experiment on stress and the immune system. The aim of the experiment is to see whether external stress can have an impact on the immune system. They did it by collecting samples of 75 medical students on 2 different occasions. First, blood samples was taken at one month before their examinations, which is a relatively low stress time and secondly, during the examinations. The researchers looked at each of the blood samples and calculate the natural killer cell content. The more natural killer cells, the more efficient the immune system. Finally they found that the blood samples taken during the exams were much lower in NK cells than the samples taken a month earlier. One of the drawbacks of this experiment is that it had a causality problem, we cannot conclude that the stress caused the reduction in the immune system. Moreover, there may be a sampling bias, the participants are students n it is possible that they may respond to stress differently than some other types of people. However, being a natural experiment this study has high validity and there are likely to be few or no demand characteristics, though control of extraneous variables was not possible. Problem-focused method of coping The methods of coping with stress can be distinguished into emotion-focused and problem-focused methods of coping. The problem focused way deal with stress by treating it as a problem and actively engage with it. This includes anticipatory coping by gaining information about what makes us stressed and develop a plan of action to help us deal with it, and seeking social suport, pit means identify events in the environment that are either causing or likely to trigger stress, then we can take practical steps to avoid or better deal with it. SIT, the stress inoculation training is developed by Meichenbaum (1972) , its a psychological method of dealing with stress by restructuring how we think about events. First the client is encouraged to reappraise stress, the therapist discusses the nature of stress with the client and explores stressful experiences that the client had in the past. Secondly the client is taught various ways of coping with stress, these would be quite specific and inc lude general strategies such as relaxation. In the final phase clients are encouraged to apply their training to the real world. The stressors may be graded and gradually increase in intensity. Meichenbaum then wanted to investigate how effective his own SIT treatment was. So he studied anxious pre-exam students and placed them in three different conditions which are 8 weeks of SIT, 8 weeks of systematic desensitisation, and the controlled group which had no therapy at all. The efficiency of SIT was evaluated through exam performance and self reports by participants. So simply, if the students felt it has been sucessful and they performed well in exams, SIT was judged to have worked. Finally he found that the SIT group gave the most positive self-reports and outperformed the other students in exam. Some drawbacks of this study is that self-reports are not necessarily reliable , just because a person feels that something has not worked does not mean they receive no benefits from it. Moreover the study does not address â€Å"optimum treatment period†, so we cannot be sure which of the method is best, only that SIT worked better than systematic desensitisation if a treatment period of 8 weeks is used. Although SIT is neither a quick, easy or cheap method to mange stress, it is flexible and the benefits of it can be long term. The emotion-focused way of coping The emotion-focused method is one that provides stressed person with relief from their symptoms. Some of the techniques are defence mechanisms, which is a way of blocking out the stress, or they may choose to reappraise it, which means simply changing the way they feel about the situation. Drugs is also the common physiological method to use. The most widely used prescribed drugs today are benzodiazepines and beta-blocker. They are quick acting, but do not treat the cause of problem, they may also have side effects n cause addiction too. Conclusion In conclusion, the problem focused strategies aim to change, alter or even remove the stressful problem, while emotion-focused aim to control or regulate the feelings a person is having. It has no a very satisfying answer of which one is better than the other, each has its strengths n weaknesses and each works best in different situations. Different people with different personalities and characteristics can react differently to stress, so which method of coping to choose is depend on numbers of factors, gender, age, and even wealth may also matter! Reference: NHS http://www.nhs.uk/Conditions/Stress/Pages/Introduction.aspx New 2008 AQA ‘A’ Specification AS Level Psychology, Nigel Holt and Rob Lewis, Crown House Publishing Limited Coping with stress http://www.helpguide.org/mental/stress_management_relief_coping.htm How to cite The Body’s Response To Stress And How Do We Deal With It, Essay examples

Cloud Computing Hits Snag in Europe for Networking- myassignmenthelp

Question: Discuss about theCloud Computing Hits Snag in Europe for Networking. Answer: Cloud computing is the technology utilized for transferring data or any type of services via Internet. The services include analytics, networking, servers and storage. The services are configurable (Dewey, 2016). The main benefit of cloud computing is that the data analysis can be done easily. Apart from this, cloud computing is affordable for all organizations. It even does its job with intense speed and this in turn increases the overall productivity of the organization easily. However, in spite of helping the technological world with so many advantages, cloud computing do has some of the major disadvantages (Hashizume et al., 2013). The major disadvantage of cloud computing is that the downtime is excessive high. The essay given below briefly describes the major turmoil that occurred in Europe due to cloud computing. The essay helps to understand whether the case is ethical or not with the help of the four classical theories of ethics. Proper justifications are also provided to un derstand the case study. Cloud computing helps to transfer data and other services over the Internet easily. This is done with utmost security and reliability. However, in 2010, Europe suffered from several drawbacks in the cloud (OBrien, 2017). The European government wanted to secure European cloud and the confidential data from all types of cyber threats and risks. The free flow of data can be easily modified and intercepted by the cyber criminals and terrorists. One of the major disadvantage of cloud computing is that the security can be intercepted. Due to this reason, the government of Europe restricted the cloud to such level that no data was theft was intercepted through this. However, the problem with such restrictions was that the procedures and processes of the cloud were slowed down with the comparison of the United States (Zissis Lekkas, 2012). The government of US allows all the organizations to transfer data through cloud computing legally. Europe was lagging behind in terms of sales by almos t 6 times than US. The total sales in 2012 were about 102 billion dollars in US, whereas in Europe it was only about 18 billion dollars. The main problem was that all the data were being encrypted before transferring them. This was slowing down the entire process. Another problem in this case study was the European Data Privacy Directive. This directive did not allow data from European Union to move internationally (OBrien, 2017). Handful countries like US, Argentina and Canada were allowed for providing the services of cloud. The main objective of this essay is to understand whether the case study of the European cloud is ethical or non ethical. There are four classical theories of ethics (Arntzenius, 2014). They are the utilitarianism theory, deontology theory, virtue theory and the contract theory. The government of Europe was stopping the data to transfer in the cloud. The utilitarianism theory states that every activity should have a utility. This type of activity can be said as the best activity. In this case study, the European government was trying to secure and protect the European data. They did not have any wrong or unethical intentions behind this (Crimmins, 2017). However, the activity did not have any utility. Rather, it was negative. Therefore, as per the utilitarianism theory, the case study is non-ethical. The second theory is the Deontology theory. This theory states that all decisions taken by human beings must be taken on the basis of the morality of an action (Chen Schonger, 2017). According to this theory, every decision is based on obligations and duties. The moral obligation obliges a person to complete his task. This type of obligation comes from external and internal sources like personal, cultural values, legal, religious and universal laws. In the case study of cloud computing, the government of Europe is not non-ethical as they did not do anything wrong (Lazar, 2017). They were only performing their responsibilities. The case study is not unethical as per the deontology theory. The third theory of ethics is the virtue theory. The thoughts that a person have and the decision that a person takes is dependent on the character of the person (Audi, 2012). If the person bears an ethical character, he will come up with ethical and moral decisions. However, if he bears an unethical character, he will always take unethical decisions. The thoughts are completely managed and controlled by the individual (Van Hooft, 2014). Here, this theory does not apply as the decision taken by European government is not based on thoughts. The fourth theory is the contract theory (Fried, 2015). This theory states that the morality of an individual depends on any type of contract. It is helpful for taking out the ethical and moral values in that individual. No such contract is mentioned in this case (Niebuhr, 2013). Thus, this theory is not applicable in this particular case study. The decision taken by European government for protecting the data in the cloud somewhat backfired them. The entire process was slowed down. I would recommend that some more countries should be allowed for sending and receiving data. This will be helpful for Europe as it will open up more options for Europe. Therefore, it can be concluded that cloud computing is the technology utilized for transferring data or any type of services via Internet. The services include analytics, networking, servers and storage. The services are configurable. The main benefit of cloud computing is that the data analysis can be done easily. Apart from this, cloud computing is affordable for all organizations. It even does its job with intense speed and this in turn increases the overall productivity of the organization easily. However, in spite of helping the technological world with so many advantages, cloud computing do has some of the major disadvantages. The major disadvantage of cloud computing is that the downtime is excessive high. The essay briefly describes the major turmoil that occurred in Europe due to cloud computing. The essay helps to understand whether the case is ethical or not with the help of the four classical theories of ethics. According to the utilitarianism theory, the case is non ethi cal, however, according to the deontology theory, the case study is ethical. The virtue and contract theories do not apply to this case study. Proper justifications are also provided to understand the case study. References Arntzenius, F. (2014). Utilitarianism, decision theory and eternity.Philosophical Perspectives,28(1), 31-58. Audi, R. (2012). Virtue ethics as a resource in business.Business Ethics Quarterly,22(2), 273-291. Chen, D. L., Schonger, M. (2017). Social preferences or sacred values? theory and evidence of deontological motivations. Crimmins, J. E. (Ed.). (2017).The Bloomsbury encyclopedia of utilitarianism. Bloomsbury Publishing. Dewey, J. (2016).Ethics. Read Books Ltd. Fried, C. (2015).Contract as promise: A theory of contractual obligation. Oxford University Press, USA. Hashizume, K., Rosado, D. G., Fernndez-Medina, E., Fernandez, E. B. (2013). An analysis of security issues for cloud computing.Journal of Internet Services and Applications,4(1), 5. Lazar, S. (2017). Deontological Decision Theory and Agent-Centered Options.Ethics,127(3), 579-609. Niebuhr, R. (2013).Moral man and immoral society: A study in ethics and politics. Westminster John Knox Press. OBrien, K. (2017).Cloud Computing Hits Snag in Europe.Nytimes.com. Retrieved 19 September 2017, from https://www.nytimes.com/2010/09/20/technology/20cloud.html?hpw Van Hooft, S. (2014).Understanding virtue ethics. Routledge. Zissis, D., Lekkas, D. (2012). Addressing cloud computing security issues.Future Generation computer systems,28(3), 583-592.