Friday, March 13, 2020

Physics investigation Essay Example

Physics investigation Essay Example Physics investigation Essay Physics investigation Essay For this investigation I will be testing various materials to determine how much force is required for them to snap. Figure 1 below shows the forces that will be acting upon the test material. The set-up above will increase the force applied to the test material until a crack, started in the surface in tension, propagates to cause the material to break. To experimentally determine the level of stress that is required to break an object, I need to be-able to exert a force onto an object and be able to quantitatively measure and record that force. This, I found, is not as simple as it sounds due not only to the limited equipment available to me, but also to what I could use practically and safely. I came up with many methods of measuring the force exerted as well as many ways of creating that force. A summary of the major methods and their associated problems is included below. Method 1: Creating force using my own strength. This has several obvious advantages including ease of use. My own strength requires no preparation to use, is easy to store when Im not using it and can create a very broad range of force i.e. up to 800N. Unfortunately for all the benefits, there are several disadvantages that make this method untenable. The greatest concern is safety, namely my own safety. To apply the force needed to break the objects, I would have to lean heavily on the object. This placed me in danger of being impaled on the device I was using to concentrated force onto the object. As well as this, there was the problem of splinters from the object damaging my hand or eyes. Method 2: Measuring the force using bathroom scales. The main advantage of this method is that a large range of forces can be measured i.e. over 1,000N. Also, they are easy to set up and use, difficult to break and can be stored easily ready for repeating experiments. The disadvantages are fewer but still prevail over the advantages. The greatest downfall is the fact that the max force reached and therefore the point at which the material broke is difficult to determine accurately. This means that my results could be out by an unacceptably large margin of error. Method 3: Creating the force using a vice. On the surface, this method seemed pretty ideal. A large, steady force could be created safely. With the help of a metal tip attached to the vice, the force exerted could be carefully increased by turned the handle on the vice until the material broke. The force generated could be very powerful due to the lever effect of the handle on the vice. This makes it many times more powerful than any force I could create on my own. This time, the problem with the method lies not with the method itself but with the accompanying method of measuring the force created. Bathroom scales cannot be used because they are made inaccurate by concentrating force onto a small area of them. Smaller scales cannot be used because the ones available to me couldnt be used to measure a large enough force i.e. 20N maximum. This method would have been used were it not for the failings of measure methods. Method 4: Measuring the force using piezo electric crystals. This was a bit of a non-starter really. Although they seemed like a good solution due to the quantitative data that could be produced and recorded; I didnt realise that the crystals couldnt be used to measure the magnitude of force that I required. They would have been crushed instantly. Method 5: Creating the force using pneumatics. The advantages of this system are similar to that of the vice. A large, steady and easily controlled force can be produced with safety. The disadvantage of the vice is also overcome; there is no need to measure the force directly as it can be inferred from the amount of power used by the pneumatic rams them selves. Unfortunately there was one insurmountable stumbling block. The equipment available to me was not strong enough or powerful enough. This method seemed ideal and is the one used in professional laboratory tests, unfortunately the facilities and equipment were not available to me to utilise it effectively. Method 6: Creating the force using weights. This method of producing force has the added benefit of measuring the force as it is produced. The force produced is quantitative, steady and the maximum level reached is easily found. There are disadvantages however; the maximum force that can be produced is dependant on the maximum strength of the string that attaches the masses to the test medium. The larger the area of contact, the less pressure is produced. This means that for the test to be fair, the string used has to be the same in each instance. This method is the one that I finally decided to use. My choice of method means that a small alteration is required to my original force diagram; see figure 2. Fair Test In order to perform this experiment fairly I will need a means of supporting the material and ensuring the struts stay in the correct place because the force I exert will be laterally transferred to them. I considered several ways of supporting the material and how to prevent the supports shifting during testing. Figure 3 shows the forces involved. Vertical force applied to material, causing it to flex and become compressed and under tension. The flex of the material means that the edges of the material are closer the centre of the material and that the material is therefore shorter horizontally despite being slightly longer in length. Because the material is trying to shorten its horizontal length, the supports are pulled inwards. The only thing stopping this from happening is the frictional force between the base and the tabletop. I have outlined below some of the methods I used to prevent movement of the stand; they all work on the principle of increasing the friction force by means of altering the parameters of à ¯Ã‚ ¿Ã‚ ½ or F from the equation: R = à ¯Ã‚ ¿Ã‚ ½ F (see figure 4) Where: R = resultant force i.e. the level of friction. à ¯Ã‚ ¿Ã‚ ½ = the co-efficient of friction i.e. the stickiness of the surface. F = the vertical force produced by the mass of the clamp stand. The material under stress will increase in flex and slightly in length until the elastic limit or yield point of the material is reached. At this limit, the material will start to crack on the side under tension. These cracks will propagate until the material finally snaps. The amount of force required for this to happen is known as the breaking stress. The higher the breaking stress the more tensile strength the material possesses. This is what I shall be measuring in my experiment. Problems Using Clamp Stands This was the first method that I thought of using because of their ease of storage and being the most ubiquitous support available to me. The disadvantages became very clear as soon as I tested them. The main problem I discovered was that of movement of the supports. I tried many ways of securing them to a surface so as to limit movement but most were unsuccessful or unsatisfactory. Firstly I tried placing masses on the footplates of the stands but could not place enough mass on them to prevent movement. This method works by increasing the parameter F in the above equation. I also tried using sticky paper to increase the co-efficient of friction of the surface the stand was placed on but couldnt increase it enough to change the outcome by any great amount. After that I placed stoppers on the base to stop it moving. This did stop it moving but instead caused the stand to topple over instead; obviously not ideal. The last method and by far the most successful I tried should have been more obvious. I attached a large G-clamp on the footplate of each stand and tightened them as far as I could. Due to the size and power of the clamps I used, movement was completely eliminated. This method works in the same manner as placing masses on the bases; it increases the F parameter. With the clamp I used I was able to generate huge vertical forces onto the footplate that created a resultant frictional force more than enough for my requirements. The second problem I only discovered after solving the first. The bosses I used to attach the clamp arms to the stand were not strong enough to hold themselves up and not rotate towards each other as the material flexed. Figure 5 below shows the set-up and how it changed when masses were added. To solve this problem I had to find a way of holding apart the arms. I tried tying them together with string but found it flexed too much when used in the length required. To solve the problem I needed a material that produced a low strain and could be applied in the way required. After a quick search of the materials that were on offer I decided on carpet tape. I chose it because it is reinforced with many fibres that give it extra strength and it is sticky so it can hold together the clamp arms. Safety Through out the planning process I have been looking at my experiment and constantly analysing it for sources of potential danger I might encounter whilst performing it. I met with the following issues and adjusted the experiment thus. The first thing that I thought would be a safety concern in the experiment was the force involved in breaking the materials. Creating large forces would mean large amounts of mass being used and this is a hazard. To minimise any risk involved; I selected materials that would not require huge forces to break and I used only small samples of them so as to further reduce the force required e.g. the wood samples I used were cut to a thickness of 2mm. Another concern was that of what the material would do when the stress point was reached. Some of the materials I used could shatter or splinter e.g. plastic and wood. To cut the risk of personal injury to myself and those around I erected Perspex safety screens, wore protective goggles and performed the experiment in a closed classroom. I also used shatterproof plastic in tests instead to normal plastic as I considered this too dangerous. Due to the method used in generating the force i.e. using suspended masses, I had to consider where the masses were going to land once the material gave way. I placed a carpet tile where the masses were going to fall so as to prevent damage to the floor and furthermore I suspended the masses as close to the floor as possible so as to reduce the velocity at which the impacted the floor. With the preparation of the experiment sorted and a few preliminary test runs completed, I decided to start collating results from the various materials I had collected.

Wednesday, February 26, 2020

The Curse of her Beauty Essay Example | Topics and Well Written Essays - 750 words

The Curse of her Beauty - Essay Example The woman's contradictory appearance is conveyed through a series of similes. She is old as ocean yet young as mornings. In spite of the woman's contradictory appearance (which seems to foreshadow ambiguity), the observer takes great delight in her. Roach personifies the beauty of the land through the woman's characteristics (That saw beauty walk on the wind and the sea). He speaks of nothing more about the woman other than her physical beauty. Much like the poet, tourist know of nothing more than what meets their eyes (the land's physical beauty), which is equivalent to the woman's physical appearance. The Caribbean is known to attract tourists with its lush vegetation and mild climate. However, Roach points out the land's deceptive seduction of the land's beauty. In fact, the land's beauty taints its true image. Rather than seeing the land for what it truly is (a place enduring the abusive lashing of the sea spray), the poet is tantalized and intoxicated by kisses that cause him to envision a beautiful goddess (Love tinted that shore). As he realizes the goddess's true repulsive side, the poet finds out that there is more than what meets the eye. Reality sobers the poet. He is no longer intoxicated by the beauty of the land. ... In The Odyssey by Homer, Sirens lured sailors with their sweet hypnotic songs. Their songs detracted sailors from their careful journeys and caused them to crash their ships into the rocks. In its efforts to lure and trap unwary observers, the land produces an attractive woman who is similar to the sirens. In essence, the woman is the land. Normally, Roach uses the land as a metaphor for the struggle between Eurocentric hegemony (dominance) and Caribbean independence (Jennings 25). The evidence of dominance is shown in the first stanza. The trees are symbolic of the Caribbean people who endured much abuse from the Europeans (lashing sea spray) but remained strong. As an islander who was forced to conform to European studies (Breiner 113), Roach uses examples from his studies (the siren coast; deceptive Sirens from Homer's Odyssey). In addition, Roach struggles with the identity of the land (shown in the ambivalent view of the woman or land). In doing so, he denounces the history of the land while acknowledging its undeniable beauty and his love for it. In the end, the poem makes a full circle (back to the beginning) where the he reflects on the devastatingly true image of the shore. The only difference now is that remnants of his love accompany the brutalities of the lashing sea spray. Works Cited Breiner, Laurence A. An Introduction to West Indian Poetry. New York: Cambridge University Press, 1998. Jennings, Lisa Gay. "Renaissance Models for Caribbean Poets: Identity, Authencity and the Early Modern Lyric Revisited." MS Thesis. Florida State University, 2005.

Monday, February 10, 2020

Leone Baxter and Clem Whitaker Research Paper Example | Topics and Well Written Essays - 1250 words

Leone Baxter and Clem Whitaker - Research Paper Example Leone Baxter was born November 20th, 1906 in Keslo, Washington. She was an avid reader growing up and would find a job writing for the Portland Oregonian. In her late twenties Baxter moved to Redding, California where she first entered the arena of promotions, landing a job promoting a water carnival for the Chamber of Commerce. She was successful in this position and would be promoted to the manager of the Chamber of Commerce in 1929. It was in this position that Baxter would first become involved in the political spectrum as she participated in the Central Valley Project referendum campaign. Clem Whitaker, Sr. was born May 1st, 1899. His uncle was a socialist who was very active in the American Civil Liberties Union and a friend of Upton Sinclair. He was a journalist writing for the Sacramento Bee where he became the city editor at the age of 19. In 1921, he founded the Capitol New Bureau, which provided political news to a wide variety of newspapers. His experience in these politi cal realms led him to become involved in political lobbying campaigns. His lobbying efforts would ultimately led to his involvement in the Central Valley project, where he would meet Leone Baxter and form Whitaker & Baxter, Inc. in 1933. Another prominent contributor to this organization was Clem Whitaker, Jr. ... Whitaker would never graduate, as in 1943 he ceased his education after joining the United States Army Air Corp to become a fighter pilot. After his discharge from the army in 1946 Whitaker would join his father’s firm, become a partner in the firm in 1950 and purchasing the company in 1958 ("Social Archives" web). At the time of its formation in 1933 Whitaker & Baxter Campaigns Inc. was the country’s first political management firm. While political campaigning had always been a complicated and brutal arena, it was understood that â€Å"with the changes in the 20th century media environment increased aid was needed to navigate these oftentimes-complex avenues† (Lathrop 12). This is what the company would provide. The company would go through a number of developments, but its primary activity was managing campaigns for political candidates as well as ballot measures. At other instance, the company would also manage corporate clients, contributing significantly to public relations campaigns for Pacific Gas and Electric Co., Western Pacific Railroad, and Utah Construction Company. While the company went by the broad name of Whitaker & Baxter Campaigns Inc., the organization also included under its auspices the Whitaker & Baxter Advertising Agency and the California Feature Service. The feature service built on the individuals’ newspaper experience and public relations ability as it acted as a vehicle to over three-hundred California newspapers; in these regards, it provided the papers with cartoons, articles, and editorials that advanced the company’s public relation interests. It was through innovative practices such as these that the company would come to be highly influential in the realm of public relations and campaign

Thursday, January 30, 2020

Library System Essay Example for Free

Library System Essay 2. When the computer introduced to the people before, some of them doubt the efficacy and some just ignored it. The computer is one of the products of the technology. Nowadays the technology has always new innovation to cope up with the people’s everyday activities. Today we used the computer as part of our daily activities to support our needs for the computation purposes, communications, recording transactions and other things that we will need the computer’s help. Having this machine make our work efficiently and effectively, this make our work faster and less time of doing manual routines just to have an output for our work. Now, Information management is the systems and techniques involved in effectively compiling and manipulating useful data. These is used for all the systems for providing an accuracy and recording data in order for easy reviewing and retrieval. In the field of academe, The Library Information System is in need with these for them to have a reliable and accurate data. Table of Content Introduction . . . . . . . . . . . . . . . . . . . . . . 1 Project Context. . . . . . . . . . . . . . . . . . . . 1 Purpose and Description . . . . . . . . . . . . . . . .2 Objectives . . . . . . . . . . . . . . . . . . . . . . 3 Scope and Limitations . . . . . . . . . . . . . . . . 3-5 Review of Related Literature/system . . . . . . . . . . . 6-8 Technical Background . . . . . . . . . . . . . . . . . . . 9 List of Figures, List of Tables, List of Notations . . . 9-12 Introduction Schools set the various pedagogical changes to achieve the current level of education in our country. Because of the growing numbers of computer users, this became an effective medium to demonstrate the knowledge and skills of the students. From the traditional searching process for the books in the libraries, the interactive usage of computers can be now addressed as part of the library system. Project Context The system will be more helpful the university’s library. This will be more efficient in doing the task in a specific time. The system will be used by the librarian for inventory, recording and other purposes for keeping the information in the library. For them to keep track of their records. The system will interact to the accounting system of the university, for payment purposes of the borrowed books that have a penalty for not returned in a given period. The users of this system will interact to this system by scanning the barcode of the books for inventory and borrowing. Encoding of the description of the books for newly acquired books, and the cataloging of the books. 1 Purpose and Description UNC-LIS is the automation of all data and transactions within the library, it will handle all the information’s and data in the library of the university. The UNL-LIS is an application that allows for the retrieval of metadata of books available in a library data store. The user allows using barcode scanner for inventory the library assets and borrowing of books for easy retrieval of datas. A UNC-LIS for a university keeps track of all unreturned books and periodicals in the library and their check-out status. Checkout and return are automated through a bar code scanner (an external device). The library system also interfaces with an external relational database which stores information about the library users (students and stuff), including whether they have any library items checked out. . Library users can access the catalog and recall books and periodicals. As well as additional capabilities the system can easily generate reports such as listing of unreturned books, borrowed books, students that secured library card and listing of current books.

Wednesday, January 22, 2020

Symbolism in the Grapes of Wrath :: essays research papers

During the depression of the 1930's, the combined evils of the Great Depression and the Dust Bowl drought left many southern farming families landless and weak. Little hope was left for them but to pack up and moved to California, which was widely advertised in circulated handbills that promised work and inspired hope. John Steinbeck’s epic novel, The Grapes of Wrath tells the story of the migrant farmers’ travels and what they met at their destination. Intertwined within the plot and the intercalary chapters of the story is a profound use of symbolism in various forms and with many meanings. John Steinbeck deeply incorporates symbolism into the characters and plot of The Grapes Of Wrath to convey the adversity and the attitudes of the migrant farmers as well as other people involved in and effected by the dust bowl migration of the 1930's. The journey of the land turtle in the opening of the novel is a near direct representation of the travels of the dust bowl migrants. The turtle, just like the migrants, embarks on a slow, yet steady journey in a clear direction with an unclear destination. Both meet several obstacles on the way, the turtle meets a hard to climb embankment, the migrants meet troubles with their cars and terrain. There are those who make the migrants’ journeys much more impossible such as deputies and salesmen, the turtle meets the truck that nearly causes its death. And when the turtle is on its back, just as the migrants lives are void of all hope, slowly, but surely they get themselves upright and back on track. Jim Casey, the retired preacher introduced early in the plot is a symbol of transcendentalism, the idea of the Emersonian over soul, that all people are part of one great spirit, and serves as a Christ figure in the novel. He frequently refers to this single, great soul of the world, â€Å"maybe all men got one big soul ever’body’s a part of†(33). Casy’s role as a Christ figure in the novel fits very well into the journey of Christ portrayed in the bible. He takes a trek into the woods to sort things out, he followed the Joads on their journey west to help people along the way, â€Å"I got to go where the folks are goin’,† and sacrifices himself to the deputy in California to save Floyd and Tom for their aggression against the deputy(127). Symbolism in the Grapes of Wrath :: essays research papers During the depression of the 1930's, the combined evils of the Great Depression and the Dust Bowl drought left many southern farming families landless and weak. Little hope was left for them but to pack up and moved to California, which was widely advertised in circulated handbills that promised work and inspired hope. John Steinbeck’s epic novel, The Grapes of Wrath tells the story of the migrant farmers’ travels and what they met at their destination. Intertwined within the plot and the intercalary chapters of the story is a profound use of symbolism in various forms and with many meanings. John Steinbeck deeply incorporates symbolism into the characters and plot of The Grapes Of Wrath to convey the adversity and the attitudes of the migrant farmers as well as other people involved in and effected by the dust bowl migration of the 1930's. The journey of the land turtle in the opening of the novel is a near direct representation of the travels of the dust bowl migrants. The turtle, just like the migrants, embarks on a slow, yet steady journey in a clear direction with an unclear destination. Both meet several obstacles on the way, the turtle meets a hard to climb embankment, the migrants meet troubles with their cars and terrain. There are those who make the migrants’ journeys much more impossible such as deputies and salesmen, the turtle meets the truck that nearly causes its death. And when the turtle is on its back, just as the migrants lives are void of all hope, slowly, but surely they get themselves upright and back on track. Jim Casey, the retired preacher introduced early in the plot is a symbol of transcendentalism, the idea of the Emersonian over soul, that all people are part of one great spirit, and serves as a Christ figure in the novel. He frequently refers to this single, great soul of the world, â€Å"maybe all men got one big soul ever’body’s a part of†(33). Casy’s role as a Christ figure in the novel fits very well into the journey of Christ portrayed in the bible. He takes a trek into the woods to sort things out, he followed the Joads on their journey west to help people along the way, â€Å"I got to go where the folks are goin’,† and sacrifices himself to the deputy in California to save Floyd and Tom for their aggression against the deputy(127).

Tuesday, January 14, 2020

Managing Employee Misbehaviour for Promoting Business Ethics

Managing Employee Misbehaviour for Promoting Business Ethics Workplace misbehaviour: Any intentional action by members of organizations that defies and violates Shared organizational norms and expectations, and/or Core societal values, mores and standards of proper conduct (Vardi and Wiener, 1996, p. 153). Misbehaviour in this sense is also said to be about breaching broader, yet far from clearly defined or fully shared societal norms or moral order. In industrial sociology key writers on misbehaviour – Ackroyd and Thompson (1999, p. 2) – borrow Sprouse's (1992, p. 3) definition of sabotage – â€Å"anything you do at work you are not supposed to do† – to define misbehaviour, although questions remain about how useful this definition is. Perspectives on misbehaviour Misbehaviour is also a phenomena discussed in several other academic disciplines. For instance, in gender studies, we see quite a distinct dimension of misbehaviour emerging. Misbehaviour in gender studies tends to concern males defending masculine identities in an organizational context and how masculinity is in reality a crucial, yet often hidden dimension of a broader organizational identity (Collinson and Collinson, 1989; DiTomaso, 1989; Levin, 2001). An account of men trying to preserve the dominance of a masculine identity, sponsored implicitly by senior management, is outlined in the following passage taken from ethnography of a trading floor of a large, American commodities exchange: When the working environment becomes less active, the more overtly sexualized repertoire of joking and getting along emerges. Men and women use jokes to pass time, fit in and relieve tension, but a direct result of men’s sexual banter is to facilitate group solidarity among men to the exclusion of women. Strong heterosexual joking is predicated on men being the sexual agents of jokes and women being the objects (Levin, 2001, p. 126). Further dimensions of gender-related misbehaviour include women subverting dominant masculine identities (Cockburn, 1991; Game and Pringle, 1983; Gutek, 1989; Pollert, 1981), women taking advantage of their sex appeal to get around male supervisors (Pollert, 1981) and female flight attendants feigning responses to lurid comments from male passengers (Hochschild, 2003). Further details of Gutek’s (1989) research highlights the many ways in which sexuality can be the spur for a range of misbehaviour: More common than sexual coercion from either sex are sexual jokes, use of explicit terms to describe work situations, sexual comments to co-workers, and display of sexual posters and pictures engaged in by men at work (Sex and sports, some observers claim, are the two metaphors of business. ) The use of sex can be more subtle than either hostile sexual remarks or sexual jokes. Although this tactic is often assumed to be used exclusively by women, some men, too, may feign sexual interest to gain some work-related advantage (1989, p. 63-64). Commentary on what could be interpreted to be misbehaviour is also a feature of industrial relations research. In industrial relations theorists seem to view misbehaviour as a lesser version of strike action, or action short of strike action (Bean, 1975; Blyton and Turnbull, 2004; Hyman, 1981; Nichols and Armstrong, 1976). From this perspective, misbehaviour is taken to represent the actions of unorganized employees. In effect, misbehaviour is synonymous with a widespread and increasing inability of employees to offer a coherent and organized response to management strategies (Beynon, 1984). As such, industrial relations theorists link misbehaviour to record low levels of strike activity (Hale, 2007). Moreover, some theorists believe acts such as sabotage – in the form of grievance bargaining or deliberate poor workmanship – are intimately bound up in the labour process (Zabala, 1989). Research work in Ethics: 2008 NATIONAL GOVERNMENT ETHICS SURVEY in US: National Government Ethics Survey Shows Employee Misconduct is High Key Findings On all levels of government, there is a lack of programs and incentives to encourage ethical behavior, the report says †¢Six in 10 government employees saw at least one form of misconduct in the last 12 months. †¢One in 4 employees work in an environment conducive to misconduct. According to ERC, this includes strong pressure to compromise standards, a presence of situations which invite wrongdoing, and a culture where employees’ personal values conflict with their values at work. †¢Overall strength of ethical cultures is declining. †¢Almost one-third of employees do not report misconduct. More than one-third of government employees believe government does not demonstrate its values through socially responsible decision-making. Levels of Government Federal Level – The number of incidences of misconduct observed is slightly lower, but reporting is still comparatively low. Only 30 percent of federal government organizations have ethics and compliance p rograms, and only 10 percent have strong ethical cultures. State Level – Workers are most vulnerable to ethical risks as there are more reports of employees who have observed misconduct multiple times. Still 30 percent do not report misconduct to management. Local Level – Employees are the least likely to know the ethical risks since fewer resources are put in place to encourage ethical behavior. Local government organizations have the lowest levels of reporting misconduct, only 67% are reporting. â€Å"In order to encourage high ethical standards within our organizations, we first have to provide an environment that is conducive to ethical behavior,† says Sharon Allen, chairman of the board at Deloitte & Touche. However, management and leadership have a huge responsibility in setting examples for their organizations and living the values they preach if they want to sustain a culture of ethics. † The report, â€Å"2007 Deloitte & Touche USA LLP Ethics & Workplace,† is based on responses from 1,041 U. S. adult workers. Harris Interactive conducted the research in February on behalf of Deloitte & Touche. The top two factors contributing to the promotion of an ethical workplace are the behavior of management and direct supervisors, as chosen by 42% and 36% of respondents, respectively. More surprisingly, emphasis of criminal penalties doesn’t seem to do much to deter unethical behavior, nor does ethics training. There is, however, a strong relationship between ethical actions at work and a healthy level of work-life balance. In fact, 91% of those employees surveyed agreed that workers are more likely to behave ethically at the office when they have a good work-life balance. Allen explains why this may be so. â€Å"If someone invests in all of their time and energy into their jobs, it may have the unintended consequence of making them depend on their jobs for everything – including their sense of personal worth. This makes it even harder to make a good choice when faced with an ethical dilemma if they believe it will impact professional success. † Categories of Employee Misbehaviour: a. Production deviance – includes behaviors that waste time and resources. b. Property deviance – involves either theft or destruction of facility or residents’ property. c. Normative deviance – generally involves talk that hurts or belittles others. d. Personal aggression – mostly involves hitting, fighting, or sexual harassment. Common Employee Misbehaviour: Fighting Theft from the employer or colleagues Fraud or falsifying work documents Accessing and/or distributing pornographic emails or websites Deliberately damaging company property Serious bullying or harassment Bringing the employer into serious disrepute Serious infringement of health and safety rules Serious failure to follow reasonable instructions. Causes of Employee Misbehaviour: Poor Employee selection and orientation procedures Poorly defined employee expectations Poorly understood employee expectations Improperly selected and trained supervisors Incorrect philosophy of discipline Effects of Employee Misbehaviour: oInefficiency oIncreased costs oUnhealthy and unsafe work environment Employee Misbehaviour – To be Punished or leaving it ignored: Handling employee misconduct is a very critical task to be performed by the senior managers. Misconduct and other offensive behaviors often lead to decreased levels of productivity as they affect the individual performance of the employees. To manage discipline among employees, every company opts for a discipline policy which describes the approach it will follow to handle misconduct. When dealing with employee misconduct, companies must keep careful mind of the legislative and common law legal framework that governs the employment relationship. Regard must be made to relevant legislation such as the Employment Standards Act 2000, Ontario Human Rights Code, Workplace Safety and Insurance Act, Occupational Health and Safety Act (reprisal provisions) and to principles such as constructive and wrongful dismissal. To effectively manage the employment relationship and deal with potential misconduct, employers are well advised to develop and maintain reasonable rules of conduct and performance expectations. Communicate these to employees and ensure consistent application and enforcement. Provide appropriate counseling and training to your workforce. Carefully consider each incident of misconduct and the appropriate reaction. Avoid knee jerk instantaneous reactions. These only serve to increase potential employer liability. Management needs to conduct a preliminary investigation. Once the company has completed the investigation, the manager should make the employee aware of the findings. Once again, the manager can ask for the employee's side of the story. Using this evidence, management, with the help of a Human Resources representative, must decide what to do. They must decide how they should discipline the employee or whether they should fire the worker. To conclude, Very surely an action is required quickly if left unattended; misconduct will quickly demoralize the other employees too. While everyone reacts differently, even the top performers are usually going to be the first casualties of demoralization. Dealing with Employee Misbehaviour: The employer must investigate the matter fully (speak to witnesses, collect documentary evidence etc). The employer must also give the employee an opportunity to explain himself. The employee should sufficiently know what the case and evidence is against him before any hearing. Prior warning of the hearing date and that the disciplinary action is under consideration. Give the employee the opportunity to call witnesses. Inform the individual he has the right to be accompanied by a colleague (or a trade union official). Inform the employee he has the right of an appeal. Employee's rights If an employee has been with the employer for over a year they have unfair dismissal protection. Although employees have the right not to be dismissed for an unfair reason, the conduct of an employee is expressly stated to be a potentially fair reason to dismiss. Employees also have the right not to be discriminated against on the grounds of their sex, race or disability. This would include being singled out for a warning about their conduct or receiving harsher penalties than other employees would receive. Employees have the right not to be dismissed in breach of their contractual terms. For example, failure to follow a contractual procedure may result in a claim of breach of contract. Employees are entitled to be dismissed on notice (unless for gross misconduct). Failure to do so entitles the employee to claim damages for breach of contract. This type of claim is also called ‘wrongful dismissal'. Employees should be made aware, either in their contract of employment or in disciplinary procedures what are the likely consequences if they break the guidelines the company has laid down in relation to their conduct. Employers must be consistent. If other employees have previously committed the same offence but have not been dismissed it may be difficult to justify dismissal on a subsequent occasion. Certain offences are contrary to acceptable conduct that discipline is readily accepted or justified upon review regardless of whether there was any prior communication or warning to the employee. Theft Intentional destruction of company property Total refusal to perform safe work Gross or intentional endangerment of the safety of coworkers. Excessive absenteeism is another factor that can lead to termination only after a series of lesser penalties. Dismissal for misconduct to be reasonable: Even though an employer may have strong suspicions that an individual is guilty of misconduct, this may not be enough. Although an employer does not have to show an employee committed the offence â€Å"beyond all reasonable doubt†, there is a threshold that must be reached. In particular: †¢The employer must believe that the employee is responsible for the conduct in question. †¢The employer must have reasonable grounds for this belief. †¢The employer must carry out as much of an investigation into the matter as is reasonable. Charging an Employee with a criminal offence: †¢The employer does not have to wait for the outcome of police investigations or criminal trial. †¢The employer should hold its own investigation into the matter. †¢The employee's rights to have this matter investigated by his employer and to present his side of the story remain regardless of the fact that he is charged by the police. Out of office misconduct: †¢Generally, employees will only be subject to the company's disciplinary rules and procedures during their office hours or when they represent the company. †¢In certain circumstances an employee's behaviour may be subject to the employer's scrutiny if it is deemed to be likely to impact on the performance of his contract or the reputation of the employer. Out of office misconduct must be particularly serious to warrant disciplinary action and the behaviour should also relate to the employee's ability (or perceived ability) to do his job. Disciplinary action The type of disciplinary action that is taken will depend on the employer's disciplinary procedures and the circumstances surrounding the misconduct. The employer will have to follow its written guidelines regarding certain types of misconduct. If historically an employer has always been lenient on a particular matter an Employment Tribunal is likely to find the employer has acted unreasonably and unfairly dismissed an individual if it suddenly decides to invoke its disciplinary procedures in disciplining individuals without warning. Warning tiers in a disciplinary procedure †¢Usually employers will decide to issue a first warning orally. This is appropriate if it is a minor infringement that cannot be dealt with on an informal basis. The employee should be told that this is the first step in the disciplinary procedure and why he is receiving the warning. At this point he should also be informed of his right of appeal against the decision. Although oral warnings will be kept on an employee's personnel file, they should be disregarded for further disciplinary purposes after a specific period of time. †¢If an employer regards an infringement as being more serious then the employee should be given a formal written warning. Again an employee should be given details of the reason for the warning as well as what is required from the individual in the future and the allotted time scale for improvement. Employees should have a right of appeal. Employees also must be warned what penalty there will be if after the allotted time the employer does think there has been a satisfactory improvement. The written warning should also be kept on the employee's personnel file but cannot be considered for disciplinary procedures after a specific period of time. A final written warning is appropriate if there has been a failure to either improve or change conduct while the earlier warning is still ‘live'. This type of warning can also be used if there is a one-off occurrence of misconduct that is deemed by the employer to be sufficiently serious. As always the final written warning should provide details of the misconduct, warn that failure to rectify the situation may lead to dismissal or some other disciplinary ac tion which is short of dismissal (which is explained below). Again employees must be told of their right to appeal. The written warning can only remain live for a specified period of time after which point it must be disregarded, no matter how serious the misconduct. †¢Disciplinary action short of dismissal may include a transfer, demotion, loss of seniority, suspension without pay or loss of increment. An employer cannot take these sanctions unless there is a specific provision in the employee's contract. †¢If an employer decides to dismiss (either because of gross misconduct or failure to rectify behaviour following a final written warning) the employee should be informed as soon as possible of the decision, as well as the reasons for the dismissal. He should also know the date their employment will terminate and the period of notice. An employee should also be told of the fact that he has the right to appeal as well as how he can make that appeal and to whom. Employers should also confirm the decision to dismiss in writing. If an employee has at least one year's continuous service they can request a written statement of particulars of reasons for their dismissal. †¢General considerations for employers when disciplining †¢A good disciplinary procedure will enable an employer to take appropriate steps in the event of misconduct of an employee. The disciplinary procedure should be in writing Consequences of Disciplinary actions: Union Grievance Equal Employment Opportunity Commission Complaint (EEOC) Law Suits Employee Buyouts Having to Reinstate Employee Embarrassment to Leadership Leadership Looses Credibility Employees Don’t Respect the process Creating an Ethical climate in the Organization to avoid Misconduct : The ethical climate of an organization is the shared set of understandings about what is correct behavior and how ethical issues will be handled. This climate sets the tone for decision making at all levels and in all circumstances. Some of the factors that may be emphasized in different ethical climates of organizations are (Hunt, 1991; Schneider and Rentsch, 1991): * Personal self-interest * Company profit * Operating efficiency * Individual friendships * Team interests * Social responsibility * Personal morality * Rules and standard procedures * Laws and professional codes As suggested by the prior list, the ethical climate of different organizations can emphasize different things. In the Johnson & Johnson example just cited, the ethical climate supported doing the right thing due to social responsibility–regardless of the cost. In other organizations–perhaps too many–concerns for operating efficiency may outweigh social considerations when similarly difficult decisions are faced. When the ethical climate is not clear and positive, ethical dilemmas will often result in unethical behavior. In such instances, an organization's culture also can predispose its members to behave unethically. For example, recent research has found a relationship between organizations with a history of violating the law and continued illegal behavior (Baucus and Near, 1991). Thus, some organizations have a culture that reinforces illegal activity. In addition, some firms are known to selectively recruit and promote employees who have personal values consistent with illegal behavior; firms also may socialize employees to engage in illegal acts as a part of their normal job duties (Conklin, 1977; Geis, 1977). For instance, in his account of cases concerning price fixing for heavy electrical equipment, Geis noted that General Electric removed a manager who refused to discuss prices with a competitor from his job and offered his successor the position with the understanding that management believed he would behave as expected and engage in price-fixing activities (Geis, 1977, p. 24; Baucus and Near, 1991). Pressure, opportunity, and predisposition can all lead to unethical activities; however, organizations must still take a proactive stance to promote an ethical climate. The final section provides some useful suggestions available to organizations for creating a more ethical climate. PROMOTING AN ETHICAL CLIMATE: Ethical Philosop hies and Employee Behavior: Recent literature has suggested several strategies for promoting ethical behavior in organizations (Adler and Bird, 1988; Burns, 1987; Harrington, 1991; Raelin, 1987; Stead etal. , 1990). First, chief executives should encourage ethical consciousness in their organizations from the top down showing the support and care about ethical practices. Second, formal processes should be used to support and reinforce ethical behavior. For example, internal regulation may involve the use of codes of corporate ethics, and the availability of appeals processes. Finally, it is recommended that the philosophies of top managers as well as immediate supervisors focus on the institutionalization of ethical norms and practices that are incorporated into all organizational levels. The philosophies of top managers as well as immediate supervisors represent a critical organizational factor influencing the ethical behavior of employees (Stead etal. , 1990). Research over a period of more than twenty-five years clearly support the conclusion that the ethical philosophies of management have a major impact on the ethical behavior of their followers employees (Arlow and Ulrich, 1980; Baumhart, 1961; Brenner and Molander, 1977; Carroll, 1978; Hegarty and Sims, 1978, 1979; Posner and Schmidt, 1984; Touche Ross, 1988; Vitell and Festervand, 1987; Worrell etal. 1985). Nielsen (1989) has stressed the importance of managerial behavior in contributing to ethical or unethical behavior. According to Nielsen, managers behaving unethically contrary to their ethical philosophies represent a serious limit to ethical reasoning in the firm. Much of the research cited in the above paragraph implicitly and explicitly states that ethical philosophies will have little impact on employe es' ethical behavior unless they are supported by managerial behaviors that are consistent with these philosophies. Managers represent significant others in the organizational lives of employees and as such often have their behavior modeled by employees. One of the most basic of management principles states that if a certain behavior is desired, it should be reinforced. No doubt, how ethical behavior is perceived by individuals and reinforced by an organization determines the kind of ethical behavior exhibited by employees. As a result, if business leaders want to promote ethical behavior they must accept more responsibility for establishing their organization's reinforcement system. Research in ethical behavior strongly supports the conclusion that if ethical behavior is desired, the performance measurement, appraisal and reward systems must be modified to account for ethical behavior (Hegarty and Sims, 1978, 1979; Trevino, 1986; Worrell et al. , 1985). According to Nielsen (1988, p. 730): In many cases, mangers choose to do, go along with or ignore the unethical†¦ because they want to avoid the possibility of punishments (or) to gain rewards. Ethical Culture: Organizations and their managers must understand that the above recommendations are key components in the development and maintenance of an ethically-oriented organizational culture. Organizations can also enhance an ethically-oriented culture by paying particular attention to principled organizational dissent. Principled organizational dissent is an important concept linking organizational culture to ethical behavior. Principled organizational dissent is the effort by individuals in the organization to protest the status quo because of their objection on ethical grounds, to some practice or policy (Graham, 1986). Organizations committed to promoting an ethical climate should encourage principled organizational dissent instead of punishing such behavior. Organizations should also provide more ethics training to strengthen their employees' personal ethical framework. That is, organizations must devote more resources to ethics training programs to help its members clarify their ethical frameworks and practice self-discipline when making ethical decisions in difficult circumstances. What follows is a useful seven-step checklist that organizations should use to help their employees in dealing with an ethical dilemma (Schermerhorn, 1989; Otten, 1986): Helping employees in dealing with Ethical Dilemma: (1) Recognize and clarify the dilemma. (2) Get all the possible facts. (3) List your options–all of them. (4) Test each option by asking: â€Å"Is it legal? Is it right? Is it beneficial? † (5) Make your decision. (6) Double check your decision by asking: â€Å"How would I feel if my family found out about this? How would I feel if my decision was printed in the local newspaper? † (7) Take action. An effective organizational culture should encourage ethical behavior and discourage unethical behavior. Admittedly, ethical behavior may â€Å"cost† the organization. An example might be the loss of sales when a multinational firm refuses to pay a bribe to secure business in a particular country. Certainly, individuals might be reinforced for behaving unethically (particularly if they do not get caught). In a similar fashion, an organization might seem to gain from unethical actions. For example, a purchasing agent for a large corporation might be bribed to purchase all needed office supplies from a particular supplier. However, such gains are often short-term rather than long-term in nature. In the long run, an organization cannot operate if its prevailing culture and values are not congruent with those of society. This is just as true as the observation that, in the long run, an organization cannot survive unless it produces goods and services that society wants and needs. Thus an organizational culture that promotes ethical behavior is not only more compatible with prevailing cultural values, but, in fact, makes good sense. Although much remains to be learned about why ethical behavior occurs in organizations and creating and maintaining organizational cultures that encourage ethical behavior, organizations can benefit from the following suggestions: Maintaining organizational cultures that encourage ethical behavior: ** Be realistic in setting values and goals regarding employment relationships. Do not promise what the organization cannot deliver. ** Encourage input throughout the organization regarding appropriate values and practices for implementing the cultures. Choose values that represent the views of employees at all levels of the organization. * Do not automatically opt for a â€Å"strong† culture. Explore methods to provide for diversity and dissent, such as grievance or complaint mechanisms or other internal review procedures. ** Insure that a whistle-blowing and/or ethical concerns procedure is established for internal problem-solving (Harrington, 1991). ** Provide ethics training pro grams for all employees. These programs should explain the underlying ethical and legal (Drake and Drake, 1988) principles and present practical aspects of carrying our procedural guidelines. Understand that not all ethical situations are clear-cut. Like many basic business situations, the organization should recognize that there are ambiguous, grey areas where ethical tradeoffs may be necessary. More importantly, some situations have no simple solution (Cooke, 1991). ** Integrate ethical decision-making into the performance appraisal process. Responsibilities of Employers in accordance with managing the behaviour of Employees: †¢treat all employees equally; †¢give consideration to the employee's general work record including their length of service, position and whether there are any special circumstances; †¢ensure incidents are dealt with without undue delay; ensure the proceedings (including any statements from witnesses and records) be kept confidential; †¢specify what disciplinary sanctions the company may take; †¢state who has authority within the company to take each level of disciplinary action; †¢ensure employees are informed of the allegations against them as well as any relevant documenta tion before the date of any hearing; †¢ensure that employees have the right to state their case before any decision is reached; †¢allow employees to be accompanied either by a colleague or if appropriate, a trade union official; †¢ensure that the sanctions are proportionate to the misconduct; †¢ensure that allegations will be carefully investigated; †¢ensure employees are given an explanation of any sanction; and †¢Specify that there is a right to appeal as well as how and when this must be taken. Finally†¦To conclude†¦ Ethical behavior among the employees can be inculcated by adopting the following principles of ethical climate. oMake the expectations clear oTreat the people employed as if they are adults, which they are. oSpend time meeting with staff members regularly oSevere discipline procedures may back fire. oMake all policies and procedures available to all employees. oEncourage open communication between you and the people who report to you. Human beings prefer to follow their own doctrines- therefore management should be aware that difficulties may crop up and should formulate friendly implementation of policies. â€Å" No man is fit to command another that cannot command himself† – William Penn References: 1. http://www. ethicsworld. org/ethicsandemployees/nbes. php 2. http://www. michaelpage. co. uk/content. html? pageId=15676 3. Managing misconduct By Rob Eldridge of Berwin Leighton Paisner 4. http://www. employeeterminationguidebook. com/ 5. http://www. lbwlawyers. com/publications/employeemisconduct. php 6. http://www. slideshare. net/meetsantanudas/managing-employee-discipline 7. http://www. fsa. usda. gov/FSA/hrdapp? area=home=mgrs=dem 8. http://www. employeemisconduct. com/ 9. Edward J. Tully December 1997 Misconduct, Corruption, Abuse of Power– What Can the Chief Do? 10. http://www. streetdirectory. com/travel_guide/20341/corporate_matters/how_employee_misconduct_affects_all_worker_productivity. html 11. Belt Tightening Tactics Linked to Increases in Employee Misconduct April 27, 2010 by Amy Coates Madsen 12. http://standardsforexcellenceinstitute. wordpress. com/page/2/ 13. W. Edward Stead, Dan L. Worrell and Jean Garner Stead An integrative model for understanding and managing ethical behavior in business organizations Journal of Business Ethics Volume 9, Number 3, 233-242 14. Ethical behavior starts at the top By Amy Schurr, Network World April 24, 2007 12:05 AM ET

Monday, January 6, 2020

Plea Bargaining An Essential Part Of Our Criminal...

Abstract Plea bargaining has been around since the early 1800’s and is a process where the attorney for the defendant negotiates a plea with the prosecuting attorney. This process which was simple in the beginning has changed dramatically over the years. Prosecutors have made it seem they have evidence for serious crimes and get people to plead guilty to a lesser offense. Many people will accept a plea bargain out of fear of what will happen at trial. Everyday people who otherwise would have been acquitted due to lack of evidence or they are really innocent will plead guilty to a lesser charge. It wasn’t until 1970 with the United States Supreme Court case of Brady v. United States that the constitutionality of plea bargaining was established. Plea bargaining should be regulated so as not to harm the legal system any more than it has. Plea bargaining takes away a person’s right to be tried by a jury of their peers. Plea bargaining has become an essential part of our criminal justice system. A vast majority of criminal cases in the United States are resolved by plea bargaining. Despite the rights that an accused has under the US Constitution, many will still accept a plea bargain. You are presumed innocent until guilt is proven beyond a reasonable doubt, the right to a trial by jury and to have an impartial judge. Even though you have these rights under the Constitution very few defendants are choosing to use them, instead relying on a plea bargain deal to beShow MoreRelatedPlea-Bargains: Currency of the Courts An Examination of the Effectiveness of Plea-Bargain Within our Court Systems1477 Words   |  6 Pagesâ€Å"Rahim Jaffer case heads for plea-bargain†; former Alberta MP Rahim Jaffer was being charged on cocaine possession and drunk-driving charges; his case was likely to be resolved with a plea-bargain agreement (Makin, 2010). 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