Circuit Judge Silberman I Diamond Walnut processes and packages walnuts for national and international distribution. . . . Diamond’s employees have for years been represented by Cannery Workers, Processors, Warehousemen, and Helpers Local 601 of the International Brotherhood of Teamsters, AFL–CIO (the union). In September of 1991, following expiration of the most recent collective-bargaining agreement between Diamond and the union, nearly 500 of Diamond’s permanent and seasonal employees went on strike. Diamond hired replacement workers to allow it to continue operations. By all accounts, the strike was, and remains, a bitter affair. The strikers are alleged to have engaged in various acts of violence against the replacement workers. . . . In addition, as part of its effort to exert economic pressure on Diamond, the union undertook an international boycott of its product. The boycott included a well-publicized national bus tour during which union members distributed to the public leaflets which described Diamond’s workforce as composed of “scabs” who packaged walnuts contaminated with “mold, dirt, oil, worms, and debris.” Approximately one year into the strike, the Board held a representation election. The union lost the election, but its objections prompted the Board to order a rerun to be held in October of 1993. Just over two weeks prior to the new election, a group of four striking employees, represented by a union official, approached Diamond with an unconditional offer to return to work. According to the letter presented to the company at that time by their representative, the employees were convinced that “a fair election [was] simply impossible.” Nonetheless, the employees “ fe [ lt ] that it [was] important that the replacement workers . . . have an opportunity to hear from Union sympathizers.” Thus, the group of strikers was “available and willing to return to immediate active employment.” The following day, the union notified Diamond that pursuant to the above-quoted letter, two additional strikers were willing to return to work. It is undisputed that for three of the returning strikers, neither the permanent jobs they held before the strike, nor substantially equivalent ones, were available at the time of their return. Diamond placed these three in various seasonal jobs. Prior to the strike, Willa Miller was a quality control supervisor; she was placed in a seasonal packing position even though a seasonal inspection job was available. Alfonsina Munoz had been employed as a lift truck operator and, despite the availability of a seasonal forklift job, was given a seasonal job cracking and inspecting nuts in the growers’ inspection department at the front end of the production process. Mohammed Kussair , formerly an air separator machine operator, was, like Munoz, placed in a seasonal cracking and inspecting position in the growers’ inspection department. . . . The rerun election took place as scheduled, and the union lost. Following that election, the General Counsel filed a complaint alleging that Diamond had violated the National Labor Relations Act by unlawfully discriminating against Miller, Munoz, and Kussair . The General Counsel alleged that because of their protected activity, Diamond declined to put them in certain available seasonal positions for which they were qualified and that were preferable to the positions in which they were actually placed. After a hearing, an administrative law judge recommended that the charges be dismissed. He found that Diamond had “discriminated” insofar as it had placed the employees at least in part because of their protected activity, but he did not think that discrimination “unlawful.” II Diamond Walnut challenges the Board’s determination that it lacked substantial business justification for refusing to place the three employees in the specific jobs they sought—quality control assistant, lift truck operator, and loader. It is undisputed that the Fleetwood framework governs this case. The General Counsel under Fleetwood must make out a prima facie case that the employer discriminated within the meaning of the Act, which means the employer’s decision as to how to treat the three returning strikers was attributable to their protected activity. Rose Printing establishes that a struck employer faced with an unconditional offer to return to work is obliged to treat the returning employee like any other applicant for work (unless the employee’s former job or its substantial equivalent is available, in which case the employee is preferred to any other applicant). But Miller and Munoz were not treated like any other applicant for work. Miller was qualified for a seasonal position in quality control that paid 32 cents per hour more than the packing job to which she was assigned. And Munoz was qualified to fill a forklift operating job, a position that paid between $2.75 and $5.00 per hour more than the walnut cracking and inspecting job she received. Diamond admits that it took into account Miller’s and Munoz’s protected activity in choosing to place them in jobs that were objectively less desirable than those for which they were qualified. Petitioner [Diamond], although it contended that the discrimination was comparatively slight, does not dispute that its action discriminated against Munoz and Miller within the meaning of the Act. AFTERWORD After nearly 14 years of bitter struggle, the Diamond Walnut strike was settled in March 2005. The settlement allowed strikers to return to work with full seniority and benefits, although many of them had already returned to Diamond Walnut or had moved to other jobs. [For a time line of the Diamond Walnut strike, see www.teamster.org/divisions/foodprocessing/diamondwalnut/dwtimeline.htm ] Questions 1. Set out the two-part test the court employed to determine whether Diamond Walnut violated the National Labor Relations Act by discriminating against its employees because of their participation in protected union activities. 2. Explain why the court found that Munoz had been wronged by Diamond but Miller had not. 3. a. How would you vote on federal legislation banning the practice of permanently replacing economic strikers? Explain. b. Is there any reason to distinguish between economic strikers and unfair labor practice strikers? Any reason not to do so? Explain. 4. A pilots’ union, Airline Professionals Association, had a collective-bargaining agreement (CBA) with freight carrier Airborne Express (ABX). The union and ABX had a dispute about time-off provisions in the CBA. The union applied pressure to ABX by asking all pilots not to bid on open flying time not covered in the regular monthly schedule. ABX says it lost jobs due to the lack of pilots and filed a complaint saying the union was engaging in an illegal strike. A district court agreed with ABX, and the union appealed. Decide the case. Explain. See ABX Air, Inc. v. Airline Professionals Assn., 266 F.3d 392 (2001); cert. den. 122 S.Ct . 1459 (2002).
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Create an influential presentation that affects voting behaviors of legislators.
/in Uncategorized /by JosephAdvocating for Public Health Policy
Imagine that you have been chosen to represent a public health advocacy group as they begin a campaign to get legislation related to a health issue passed in your state legislature. You have been tasked with the role of presenting a proposed policy to the legislature and advocating that the legislature vote for the policy. You have been told that you will have 10 minutes to present to the legislature. Your presentation should be informative, but also persuasive. The legislature will need to make a decision about whether or not to vote for the policy based on your presentation. Your presentation should be structured exactly as if you were “live” in front of the legislature advocating for them to adopt the policy you are proposing.
For your assignment, you will need to select a public health topic of interest to you (you are encouraged to choose one related to your academic major or intended field of work) and a public health policy related to addressing the topic. You may select an actual proposed policy or create one that you think would effectively address the topic. Your presentation should provide enough information about the topic and the proposed policy that a reasonably educated legislator should be able to make an informed decision. Be sure to consider the various questions that a legislator might have about the issue and proposed policy, such as long-term costs and benefits, potential effects on business and industry (especially those that support politicians’ campaigns), and how the policy will support the health and productivity of state residents.
For this assignment, you should create an approximately 10 minute presentation* that addresses each of the following points:
Discuss the public health issue that your proposed policy is intended to address. Questions to consider:
Who does this health issue affect?
What is the impact of this health issue on the community?
Why does this health issue need to be addressed?
Explain the proposed public health policy. Questions to consider:
Who will be affected by this policy?
How will this policy address the health issue?
What will change by enacting this policy?
Evaluate the impacts of the proposed policy. Questions to consider:
What are the costs and benefits of the policy?
What are the risks of enacting or not enacting the policy?
How will the lives of people who are affected by the health issue change if this policy is enacted?
Create an influential presentation that affects voting behaviors of legislators. Questions to consider:
What information about this policy would potentially affect the voting behavior of legislators from across the political spectrum (eg. conservative, moderate, liberal, progressive; particularly those who might not support the policy based on political orientation)?
What are the most important messages that legislators need to hear about this policy?
How would the constituents of the legislators voting for this policy feel about this policy and a legislator who votes for it?
What information would a legislator need to “sell” the policy to consitutents who were perhaps not in favor of adopting the policy?
*Note: Your presentation can be created using screencast software on your computer, the camera and microphone on your computer or handheld device, or the voice recording functions within a presentation program (like PowerPoint). Please see the announcement posted in Week 2 for more information on how to create effective presentations using one of these methods.
The Advocating for Public Health Policy assignment
Must be an approximately 10 minute long formal presentation recorded as a video, screencast, or using the voice recording functions in a presentation program.
Must include a separate title page with the following:
Title of paper
Student’s name
Course name and number
Instructor’s name
Date submitted
Must use at least three scholarly sources in addition to the course text.
Must document all sources in APA style as outlined in the
Must include a separate reference page that is formatted according to APA style as outlined in the
If the assignment is submitted as a video or screencast, your submission (via Waypoint) should be a document with the title page, a page that lists the URL of the presentation, and a page with your references. If the assignment is submitted as a voice recording within a presentation program, you should upload the slides from your presentation, and ensure that the first slide includes the information with the title page (as listed above) and a last slide that includes the references.
Carefully review the Grading Rubric (Links to an external site.)Links to an external site. for the criteria that will be used to evaluate your assignment.
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Week 4 – Assignment
Advocating for Public Health Pol appeared first on
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Develop a mitigation plan with specific controls.
/in Uncategorized /by JosephFor the Harry & Mae’s Case Study:
For each of the identified vulnerabilities and risk exposures you identified in week 4, recommend a control(s) that would mitigate this risk.
You can use the controls that are mentioned in the case study or suggest your own.
For each of the identified risks, develop a mitigation plan with specific controls.
This should include specific steps that will be taken, responsible parties identified, and time frames for delivery.
Instruction files
christopher_gathers_cybr610_assignment_4.2.docx(23,52 KiB)
harry_and_mae_combined_script_1_.pdf(313,72 KiB)
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Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required
/in Uncategorized /by JosephAfter reading Schizophrenia: A Sibling’s Tale , write a paper of 500-750 words in which you…
After reading Schizophrenia: A Sibling’s Tale, write a paper of 500-750 words in which you address the following questions:
Use the GCU e-Library databases, include a minimum of two outside references or other resources to highlight and support your viewpoint.
Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
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Describe and analyse the structure of the Australian Dairy Industry identifying the stages through which raw milk is produced into dairy products and distributed and marketed to final consumers.
/in Uncategorized /by JosephEconomics for Business
Order Description
Inglenook Dairy and the Australian Dairy Industry
1.0 Background
Intense competition between raw milk producers combined with high levels of market concentration in both the milk processing and retail distribution sectors have powerfully constrained the profit potential of most dairy farms.
Inglenook Dairy has embarked on a daring strategy of freeing that dairy from the fate of other raw milk producers by (a) integrating the downstream milk processing and distribution functions within their business and (b) differentiating and distributing their products according to the needs of specific target markets. Their aim is to develop a boutique model of dairy production processing and distribution capture a greater share of industry profits and secure for Inglenook Dairy a sustainable competitive advantage and improved long run profitability.
2.0 The Task
You have been commissioned by Inglenook Dairy to:
Describe and analyse the structure of the Australian Dairy Industry identifying the stages through which raw milk is produced into dairy products and distributed and marketed to final consumers.
Identify and analyse the structure of any intermediate markets (ie vertically-related markets) involved in the production and distribution of final dairy products (eg perfect competition; monopolistic competition oligopoly monopoly)
Explain the implications of the market structures for the distribution of market power in the industry particularly power over pricing and the implications for the accumulation of industry profits at various stages of the industry production chain;
explain and evaluate Inglenook Dairys current strategy to capture more of the industrys potential profit by vertically integrating forward into the processing and marketing of its own dairy products;
identify any opportunities for or potential threats to long run profits and
make recommendations and/or suggest any amendments to the current strategy that might help to achieve the Dairys goal of sustainable long run profitability.
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Describe how topography affects distribution of organisms and how it affects the organisms in an area of that sort
/in Uncategorized /by JosephDescribe how topography affects distribution of organisms and how it affects the organisms in an area of that sort
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Use the Excel file S&P 500 to find the beta risk of the stock using simple linear regression. How do you interpret your result?
/in Uncategorized /by Joseph1. Use the 2010 data in the Excel files S&P 500 and Google Stock Prices to find the beta risk of Google stock using simple linear regression. How do you interpret your result? 2. Choose a stock of interest and historical daily data on its closing values for 2009 through October 1, 2010. Use the Excel file S&P 500 to find the beta risk of the stock using simple linear regression. How do you interpret your result?
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Cultural differences
/in Uncategorized /by JosephUse the Internet to research the culture of at least one (1) developed country in which an office or subsidiary of a U.S.-based global organization or MNE exists. Click here for a list of global organizations. Next, discuss the cultural environment of one (1) country in which a U.S.-based MNE exists. Compose two cultural differences between the U.S. and that country, and suggest how different cultures affect the activities and programs of a centralized IHRM. Provide specific examples to support your response. Recommend a best practice an HR manager of an MNE can use to manage the human capital needs of a highly diverse workforce made up of individuals with different cultural backgrounds, speaking different languages and having different educational experiences. Provide specific examples to support your response.
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If the company begins operations in Canada, which type of pricing system would be most viable: that based on cost, supply/demand, competition, or profit? And why?
/in Uncategorized /by Josephnswer the questions based on the case
below:
1) If the company begins operations in Canada, which
type of pricing system would be most viable: that based on cost,
supply/demand, competition, or profit? And why?
2) In Canada, would any type of discounting program
work? If so, which methods and why?
3) In Canada, would loss
leader tactics be advisable? How would they be
delivered?
CASE 9 Servi king Ban Pricing La Poste. which a Europe, United more La Poste prov of the making sosP become and finances Post Germany Concord the num etplace levels d, ho ds Europe, rad ll-sca independently rate I mai sconsal and the home ope nic ber three t in of the top f m rat pl tes num d one rket 2001 ble that the stics an €17 billion the notes French financia servi more than rk both in team e OE bined to pro any’s 3 vide il services, of France rketing king ther type com enjoy duce comp its n man Among the most ffices which prot an Poste ld not bani deve postal 17,000 o et access d ll loped financial services, d company Com has a an bin France ces ervices throug offers all major banking ca ma location. Can debit of The company savings accounts, and including and automatic transfers online banking of common credit and pur estic savings programs, sales countries doma and other international and international money orders an in including currency exchanges. banking been its operation The strength of La Poste has the United Europe, most notably France, Germany, and of In France, patrons enjoy the activities taking care of post office needs and banking in the same location. Recently, however, leaders have discussed the possibility of expansion nations into other Poste could seek Two possibilities emerge First, La which to enter Canada other develope countries in and both English and French are spoken Citizens potential patrons would be more affluent and would be familiar with the large range of banking services normally offered by financial institutions. The primary would be competition Consumers would have no vested interest in trusting their money to a foreign bank. Consequently, price would become an important consideration. To encourage customers to open accounts, La Poste would expect to offer banking with finan counts on some services combined with any La Poste combines potential advantages the bank could offer
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Explain why the court found that Munoz had been wronged by Diamond but Miller had not.
/in Uncategorized /by JosephCircuit Judge Silberman I Diamond Walnut processes and packages walnuts for national and international distribution. . . . Diamond’s employees have for years been represented by Cannery Workers, Processors, Warehousemen, and Helpers Local 601 of the International Brotherhood of Teamsters, AFL–CIO (the union). In September of 1991, following expiration of the most recent collective-bargaining agreement between Diamond and the union, nearly 500 of Diamond’s permanent and seasonal employees went on strike. Diamond hired replacement workers to allow it to continue operations. By all accounts, the strike was, and remains, a bitter affair. The strikers are alleged to have engaged in various acts of violence against the replacement workers. . . . In addition, as part of its effort to exert economic pressure on Diamond, the union undertook an international boycott of its product. The boycott included a well-publicized national bus tour during which union members distributed to the public leaflets which described Diamond’s workforce as composed of “scabs” who packaged walnuts contaminated with “mold, dirt, oil, worms, and debris.” Approximately one year into the strike, the Board held a representation election. The union lost the election, but its objections prompted the Board to order a rerun to be held in October of 1993. Just over two weeks prior to the new election, a group of four striking employees, represented by a union official, approached Diamond with an unconditional offer to return to work. According to the letter presented to the company at that time by their representative, the employees were convinced that “a fair election [was] simply impossible.” Nonetheless, the employees “ fe [ lt ] that it [was] important that the replacement workers . . . have an opportunity to hear from Union sympathizers.” Thus, the group of strikers was “available and willing to return to immediate active employment.” The following day, the union notified Diamond that pursuant to the above-quoted letter, two additional strikers were willing to return to work. It is undisputed that for three of the returning strikers, neither the permanent jobs they held before the strike, nor substantially equivalent ones, were available at the time of their return. Diamond placed these three in various seasonal jobs. Prior to the strike, Willa Miller was a quality control supervisor; she was placed in a seasonal packing position even though a seasonal inspection job was available. Alfonsina Munoz had been employed as a lift truck operator and, despite the availability of a seasonal forklift job, was given a seasonal job cracking and inspecting nuts in the growers’ inspection department at the front end of the production process. Mohammed Kussair , formerly an air separator machine operator, was, like Munoz, placed in a seasonal cracking and inspecting position in the growers’ inspection department. . . . The rerun election took place as scheduled, and the union lost. Following that election, the General Counsel filed a complaint alleging that Diamond had violated the National Labor Relations Act by unlawfully discriminating against Miller, Munoz, and Kussair . The General Counsel alleged that because of their protected activity, Diamond declined to put them in certain available seasonal positions for which they were qualified and that were preferable to the positions in which they were actually placed. After a hearing, an administrative law judge recommended that the charges be dismissed. He found that Diamond had “discriminated” insofar as it had placed the employees at least in part because of their protected activity, but he did not think that discrimination “unlawful.” II Diamond Walnut challenges the Board’s determination that it lacked substantial business justification for refusing to place the three employees in the specific jobs they sought—quality control assistant, lift truck operator, and loader. It is undisputed that the Fleetwood framework governs this case. The General Counsel under Fleetwood must make out a prima facie case that the employer discriminated within the meaning of the Act, which means the employer’s decision as to how to treat the three returning strikers was attributable to their protected activity. Rose Printing establishes that a struck employer faced with an unconditional offer to return to work is obliged to treat the returning employee like any other applicant for work (unless the employee’s former job or its substantial equivalent is available, in which case the employee is preferred to any other applicant). But Miller and Munoz were not treated like any other applicant for work. Miller was qualified for a seasonal position in quality control that paid 32 cents per hour more than the packing job to which she was assigned. And Munoz was qualified to fill a forklift operating job, a position that paid between $2.75 and $5.00 per hour more than the walnut cracking and inspecting job she received. Diamond admits that it took into account Miller’s and Munoz’s protected activity in choosing to place them in jobs that were objectively less desirable than those for which they were qualified. Petitioner [Diamond], although it contended that the discrimination was comparatively slight, does not dispute that its action discriminated against Munoz and Miller within the meaning of the Act. AFTERWORD After nearly 14 years of bitter struggle, the Diamond Walnut strike was settled in March 2005. The settlement allowed strikers to return to work with full seniority and benefits, although many of them had already returned to Diamond Walnut or had moved to other jobs. [For a time line of the Diamond Walnut strike, see www.teamster.org/divisions/foodprocessing/diamondwalnut/dwtimeline.htm ] Questions 1. Set out the two-part test the court employed to determine whether Diamond Walnut violated the National Labor Relations Act by discriminating against its employees because of their participation in protected union activities. 2. Explain why the court found that Munoz had been wronged by Diamond but Miller had not. 3. a. How would you vote on federal legislation banning the practice of permanently replacing economic strikers? Explain. b. Is there any reason to distinguish between economic strikers and unfair labor practice strikers? Any reason not to do so? Explain. 4. A pilots’ union, Airline Professionals Association, had a collective-bargaining agreement (CBA) with freight carrier Airborne Express (ABX). The union and ABX had a dispute about time-off provisions in the CBA. The union applied pressure to ABX by asking all pilots not to bid on open flying time not covered in the regular monthly schedule. ABX says it lost jobs due to the lack of pilots and filed a complaint saying the union was engaging in an illegal strike. A district court agreed with ABX, and the union appealed. Decide the case. Explain. See ABX Air, Inc. v. Airline Professionals Assn., 266 F.3d 392 (2001); cert. den. 122 S.Ct . 1459 (2002).
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EVOLUTION OF THE US POLICE SYSTEM
/in Uncategorized /by JosephEVOLUTION OF THE US POLICE SYSTEM
Political Controversy
February 28, 2018
Assignment 2: The “CSI Effect”
February 28, 2018
Evolution Of The US Police System
Evolution of the US Police System
You have been asked to deliver a presentation to a group of government officials visiting from another country. They are interested in learning about how the US style of policing evolved, in order to learn how they might improve their own police agencies.
Prepare a 8- to 10-slides presentation in Microsoft PowerPoint that addresses the following points. Your slides should be easy to read in a presentation setting.
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