Tuesday, August 6, 2019
The L-Tryptophan Recall Essay Example for Free
The L-Tryptophan Recall Essay What L-Tryptophan is? Amino acids are naturally occurring component of human body. They provide the monomer units from which large proteins are synthesized. Amino acids are described as the nitrogen-containing organic compounds forming the building blocks of proteins. â€Å"They are essential to human metabolism, and to making the human body function properly for good health†. (http://www.findarticles.com/p/articles/mi_g2603/is_0001/ai_2603000153)  Amino acids are classified as essential and non-essential amino acids. Essential amino acids are those which are required to be included in the diet as body is not capable of synthesizing it. â€Å"Of the 28 amino acids known to exist, eight of them are considered essential, defined as those that can be obtained only through food. These essential amino acids are tryptophan, lysine, methionine, phenylalaine, threonine, valine, leucine, and isoleucine. The non-essential amino acids include arginine, tyrosine, glycine, serine, glutmamic acid, aspartic acid, taurine, cycstine, histidine, proline, alanine, and creatine, which is a combination of arginine, glycine, and methionine.†(http://www.findarticles.com/p/search?qt=tryptophanqf=allqta=1tb=artx=0y=0) Tryptophan (L-Tryptophan) is one of the essential amino acid encoded by the genetic code as codon UG. Tryptophan is found in protein rich foods. Its sources includes â€Å"oats, bananas, dried dates, milk, yoghurt, cottage cheese, red meat, eggs, fish, poultry, sesame, chickpeas, sunflower seeds, pumpkin seeds, spirulina peanuts and turkey†. (http://en.wikipedia.org/wiki/Tryptophan) Tryptophan (L-Tryptophan) is used for treating Depression, Anxiety, Insomnia, Aggression, Pain and many other neurological disorders. It is helpful for neurological disorders because tryptophan is a precursor of serotonin. Serotonin is a neurotransmitters used at almost all nerve endings present in our body.            The metabolite of tryptophan, 5-HTP can be obtained in capsule or tablet form from any pharmacist without a prescription since it was included under the Dietary Supplement Act. What Products Contain It and What Their Uses Are? As already mentioned, L-Tryptophan is a precursor of serotonin. Serotonin works in the body as an anti-depressant, pain and anxiety suppressor, or a sleep inducer. Therefore,  L-Tryptophan is found in many anti-depressant drugs such as Paxil and Zolof and even Prozac and thus when taken, produces serotonin. Other pharmaceutical products containing L-Tryptophan includes names like Xanax, Valium, Halcion, Dalmane, Codeine, Anafranil. Xanax, or alprazolam, also belongs to the class of drugs benzodiazepines. Xanax is used to treat anxiety. It acts on the brain chemicals which causes anxiety. It should not be taken by pregnant or lactating women without prescription due to its harmful effects. Xanax can cause serious birth defects. Xanax overdose is fatal and should contact your doctor immediately. Halcion also belongs to the benzodiazepine class of drugs. Triazolam, the generic name for Halcion, is used for treating short-term insomnia. Dalmane, generic name Flurazepam hydrochloride, is used for treating insomnia. Insomnia is defined as difficulty in falling asleep or waking up frequently at night. Dalmane is usually used by people who have frequent insomnia or who have poor sleeping habits. It belongs to a class of drugs known as benzodiazepines. It is a prescription drug and taken as prescribed by your doctor. Side effects include dizziness, drowsiness, falling, lack of muscular coordination, light-headedness, staggering. The side effects increases if it is combined with the following:- â€Å"Antidepressants such as Elavil and Tofranil Antihistamines such as Benadryl and Tavist Antipsychotic drugs such as Mellaril and chlorpromazine Barbiturates such as Seconal and phenobarbital Narcotic painkillers such as Demerol and Tylenol with Codeine Sedatives such as Xanax and Halcion Tranquilizers such as Librium and Valium†(http://www.pdrhealth.com/drug_info/rxdrugprofiles/drugs/dal1113.shtml) Clomipramine, (brand name: Anafranil), is an anti-depressant used in treatment of depression and obsessive-compulsive disorder (OCD). It effects the serotonergic neuronal transmission by an unknown mechanism. Clomipramine should be avoided after myocardial infarction, liver damage, kidney damage, or glaucoma. The most noteworthy side effect of clomipramine known is seizures. Codeine is more commonly known as Empirin, Tylenol or Tylenol with Codeine Elixir. Codeine is an analgesic drug (narcotic pain reliever). It is used to treat all kinds of pain. â€Å"Codeine is frequently combined with Tylenol or aspirin for more effective pain relief.. EMPIRIN contains aspirin and is, therefore, not used in patients with a history of aspirin allergy†¦Ã¢â‚¬ ¦Tylenol with Codeine tablets contain a sulfite that can cause allergic asthma and even life-threatening anaphylaxis reactions in susceptible patients.† http://www.medicinenet.com/codeine/article.htm Other side effects are usually subtle including abdominal pain, constipation nausea, vomiting and sedation. Tryptophan was banned in the United States due to the endemic outbreak Eosinophilia- Myalgia Syndrome (EMS). â€Å"The ban is maintained till now and its availability is limited to the prescription drug (Tryptan), infant formulas, and enteral feeding products. Since 1994 tryptophan is available and marketed as a dietary supplement in the United States, while imported product remains limited by special regulations†. http://findarticles.com/p/articles/mi_m0FDN/is_1_11/ai_n16126569 EMS (The Disease Caused By These Products) L-tryptophan is popular among health conscious individuals for treating pain disorders and insomnia. Contrary to its popularity, tryptophan metabolism includes a lot of disorders. Some of the diseases/complications involved in tryptophan metabolism include Eosinophilia- Myalgia Syndrome (EMS), Pellagra, and Hartnup Disease, eosinophilic fasciitis, bronchiolitis obliterans with organizing pneumonia (BOOP), acute eosinophilic pulmonary disease, and Hypercapnic respiratory. â€Å"The name pellagra comes from the Italian pelle, skin + agra, rough = rough skin, referring to the skin problems in pellagra†. http://www.medicinenet.com/script/main/art.asp?articlekey=10366page=7 Pellagra is defined by a deficiency of niacin (B complex vitamin) or tryptophan (an amino acid). It is characterized by the 4 D’s: diarrhea, dermatitis, dementia, and death, usually appearing in this order. Other features are ulcerations within the mouth (glossitis), nausea, vomiting, seizures and balance disorder (ataxia). Niacin can prevent pellagra (and can cure it). Niacin is abundant in red meat, fish, poultry, and green leafy vegetables. Hartnup disease occurs when the essential amino acids such as, tryptophan, alanine, asparagine, glutamine, histidine, isoleucine, leucine, phenylalanine, serine, threonine, tyrosine and valine, are lost in the urine. â€Å"The clinical features of Hartnup disease are virtually identical to those of pellagra,†except the dermal findings are absent neuropsychiatric disturbances are more pronounced. â€Å"Cerebellar ataxia, psychiatric disturbances, and diarrhea are common†. (http://www.medstudents.com.br/nefro/nefro3.htm) Eosinophilic fasciitis is a syndrome effecting fascia. Fascia is a muscle tissue present underneath the skin. Fascia is inflamed and thickens. Rapid swelling occurs in the hands, arms, legs, and feet. The cause of eosinophilic fasciitis,however, is unknown. Eosinophils, a type of white blood cell, increases in the affected fascia and muscles. Eosinophils are associated with allergic-type reactions. Symptoms include tenderness and swelling of the arms and legs, thickened skin, muscle weakness and bone pain or tenderness. It is usually treated wit corticosteroid medications, which provides relief of the symptoms. Non-steroids anti-inflammatory (NSAIDs) may also help. â€Å"Bronchiolitis obliterans with organizing pneumonia (BOOP) is an inflammation of the bronchioles and surrounding tissue in the lungs. BOOP may affect small areas of the lungs or the entire lung†. The pneumonia isnt infectious, but it is due to inflammation of the lung tissue around the inflamed bronchioles. The causes of BOOP are still unknown but it is predicted that is caused by certain medications, radiation therapy, organ and tissue transplantation or some connective tissue disorders, such as lupus. â€Å"Chest radiographic findings [are also] suggestive of L-tryptophan.† â€Å"People with BOOP may or may not experience signs and symptoms. However, it can be detected on chest x-rays†. (http://lungdiseases.about.com/od/termsdefinitions/f/what_is_boop.htm) and (http://www.findarticles.com/p/articles/mi_m0984/is_n6_v104/ai_14707382) â€Å"A cluster of four patients has been identified with pulmonary infiltrates, pleural effusions, hypoxemia, peripheral eosinophilia, and histologic evidence of pneumonitis and pulmonary vasculitis. In addition, these patients report ingestion of L-tryptophan-containing products at a time when the public was made aware of an association between the ingestion of L-tryptophan-containing products and the development of an eosinophilia-myalgia syndrome.†(http://www.findarticles.com/p/articles/mi_m0984/is_n1_v99/ai_10489355) â€Å"Respiratory failure due to a disease of the muscles used for breathing (pump or ventilatory apparatus failure) is called hypercapnic respiratory failure. The lungs of these patients are normal. This type of respiratory failure occurs in patients with neuromuscular diseases such as myasthenia gravis, stroke, cerebral palsy, poliomyelitis, amyotrophic lateral sclerosis, muscular dystrophy, postoperative situations limiting ability to take deep breaths, and in depressant drug overdoses. Each of these disorders involves a loss or decrease in neuromuscular function, inefficient breathing and limitation to the flow of air into the lungs. Blood oxygen falls and the carbon dioxide increases because fresh air is not brought into the alveoli in needed amounts. In general, mechanical devices that help move the chest wall help these patients.†(http://www.healthnewsflash.com/conditions/respiratory_failure.php#6) â€Å"Pellagra is now rare in developed countries which enjoy balanced diets and fortified foods, but it was once a huge public health problem in the US. Three million Americans contracted pellagra and 100,000 died of it from 1906-40.†(http://www.medterms.com/script/main/art.asp?articlekey=4821) The most well-known disease of L-Tryptophan metabolism is of the Eosinophilia- Myalgia Syndrome (EMS). â€Å"Eosinophilia Myalgia Syndrome is an immune mediated disease that appeared in the United States as an epidemic in 1989. EMS resulted from ingestion of large amount of an amino acid, L-Tryptophan. Eosinophilia is an elevated level of a type of white blood cell called an eosinophil. Myalgia refers to muscle pain. Many Americans ingested the supplement regularly or occasionally during the 1980s, often upon the advice of a physician, for medical problems including insomnia, chronic pain, and depression†. http://eosinophilia-myalgia.swiftsite.com/) The overwhelming majority of persons who got sick with EMS had ingested contaminated L-Tryptophan eventually traced to one large petrochemical company, Showa Denko K.K., of Japan. Bottle labeling did not indicate the raw product originated in Japan, and nobody in this country, it seems, was told that genetic engineering had been used to manufacture the L-Tryptophan. â€Å"Evidence also shows that overloads of tryptophan supplements inhibit histamine degradation by increased formation of formate and indolyl metabolites, several of which inhibit the degradation of histamine, thereby potentiating its effects. Excessive histamine activity is known to induce blood eosinophilia and myalgia. Furthermore, patients with hypothalamic-pituitary-adrenal axis dysregulation who do not have EMS also manifest greatly increased sensitivity to incurred tryptophan and histamine. Histamine disequilibrium appears to be a final common pathway for syndromes characterized by eosinophilia with myalgia.†(http://www.emedicine.com/med/topic693.htm) EMS is characterized by flu-like symptoms. â€Å"Intense muscle pain with spasms and contractures, burning rashes, breathing difficulties and elevated eosinophil (a type of white blood cell) count are also present†. http://www.iffgd.org/GIDisorders/Other.html â€Å"The skin and other organs get infiltrated by inflammatory cells, including eosinophils, and the connective tissue is often inflamed and fibrotic. Other chronic features include neuromuscular disease and cardiac disease†. http://www5.geometry.net/detail/health_conditions/eosinophilia_page_no_5.html It â€Å"causes permanent scarring and fibrosis to nerve and muscle tissues, continuing inflammation, and provokes a permanent change in the bodys immune system.†The body systems affected by EMS includes â€Å"neuromuscular, cardiopulmonary, gastrointestinal, dermatologic and endocrine systems.†Over time, the cutaneous abnormalities tend to improve, but many EMS patients continue to experience muscle cramps, muscle pain, fatigue, and memory disturbances. There is, unfortunately, no cure for EMS. Research is being conducted to develop an animal model of EMS so that its pathophysiology can be studied and treatments can be developed. Actual Recall and What Happened When It Was Issued Eosinophilia Myalgia Syndrome appeared first in 1989 in Mexico. Three women were suffering from a mysterious, undiagnosable condition whose symptoms comprised of â€Å"muscle pain and a high Eosinophilia count (a type of white blood cell that is usually found when a toxin or parasitic infection is present). The one thing common among all of the women was L-tryptophan†. The product came from Showa Denko Inc, a Japanese company. Showa Denko Inc was reducing their manufacturing cost compromising in its purification procedures and quickens the production process through genetically engineered bacteria. Consequently, contaminated batches of L-tryptophan were placed on the market. Within months, 37 people killed and over 1500 were permanently disabled when they used this product. (http://www.nemsn.org/) â€Å"Food and Drug Administration (FDA), in 1990, banned the sale of all over the counter L-tryptophan dietary supplements as it was found to be the common link in the EMS cases. Research was conducted to discover the cause of this illness. An unidentified impurity, called peak X, was found. The products were traced back to one manufacturer, Showa Denko KK (SDKK), one of Japans largest petrochemical companies†. (http://www.nemsn.org/) Centers for Disease Control and Prevention (CDC) and the FDA agreed to that instituted a recall. â€Å"The Food and Drug Administration today expanded its recall of L-tryptophan to include even small dosages of the manufactured dietary supplements†¦.The recall applies to all L-tryptophan products in tablet, capsule, caplet, powdered or liquid form, along with multi-ingredient, non-protein supplements that also contain L-tryptophan. (http://www.fda.gov/bbs/topics/NEWS/NEW00064.html) Recall The Food and Drug Administration (FDA) is responsible for guaranteeing the safety of the people of United States from the use of a variety of products, including drugs, medical devices and foods. â€Å"The FDA provides important and timely clinical information about safety issues involving medical products, including prescription and over-the-counter drugs, biologics, medical devices, and special nutritional products, including medical foods and dietary supplements. The FDA issues and/or announces product safety alerts, recalls, withdrawals, and important labeling changes that may affect the health of all Americans.†(http://www.drugrecalls.com/drug_recalls.html) A Recall is defined as an action taken by the FDA to remove a product from the market. However, under the Federal, Food, Drug, and Cosmetic Act, FDA can only request and not impose a firm to recall a product.               FDA has no authority under the Federal Food, Drug, and Cosmetic Act to order a recall, although it can request a firm to Recall a product. Under FDA’s regulation, a firm usually proceeds with a recall of a product voluntarily. It is because if they don’t comply FDA can seek a court order under the Federal Government to confiscate the product.  â€Å"The recall of a defective or harmful drug or product is sometimes publicized in newspapers and in news broadcasts. The FDA publicizes a recall only when it believes the public needs to be alerted about a serious hazard. The FDA expects companies to take full responsibility for product recalls, including follow-up checks to assure that recalls are successful. After a recall is completed, the FDA makes sure that the product is destroyed or suitably reconditioned and investigates why the product was defective.†(http://www.drugrecalls.com/drug_recalls.html)               In 1989, an epidemic of a serious disorder called for eosinophilia-myalgia syndrome (EMS) spread in the United States. It was associated with ingestion of large amount of essential amino acid L-tryptophan. Over 1,500 EMS cases were reported which includes 38 deaths.               After this incident, FDA imposed a recall on â€Å"all marketed products to which manufacturers had added [been] L-tryptophan†. Some particular medical foods or infant product essential for nutrition is were left. FDA also put alerts on the import of raw material used in association of L-tryptophan. http://www.fda.gov/bbs/topics/CONSUMER/CON00259.html               EMS outbreak originated from a particular product coming from Japanese manufacturer. A lot of research has been done to know the exact cause of EMS; however, none of them has been successful. Yet, th e recall remains. Product Liability Laws Product liability comprises a number of laws and court rulings that apply to â€Å"manufacturers, wholesalers, distributors, suppliers, retailers [who] are held responsible for the injuries those products cause†. The phrase is used to describe situations in which a person or property is injured or damaged in some way due to a defective product or service. Negligence, Breach of warranty and strict tort liability are the claims associated with product liability laws. In the US, product liability laws are determined at the state level and they vary from state to state.  Different elements are needed to be proven for each type of claim. However, â€Å"in any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing†. Design defects are present before the product is being manufactured; manufacturing defects occur during the manufacturing process; and, defects in marketing occurs during the marketing process of the product where false information is given to the consumers.  (http://www.law.cornell.edu/wex/index.php/Products_liability#products_liability_law:_an_overview) Negligence Negligence is defined as when the product manufacturer is unable to provide the legal standards protecting individuals against his/her product. In order to win a lawsuit against another person or company for products liability action under the theory of negligence, â€Å"a plaintiff must demonstrate that the injuries complained of were caused by a defective product whose defect existed at the time of injury and at the time in which the product left a manufacturers control†. A plaintiff must show that the goods were unreasonably dangerous either for the use to which they would ordinarily be put or for some other reasonably foreseeable purpose, and that the unreasonably dangerous condition existed when the goods left the manufacturer. (http://www.legal-definitions.com/personal-injury-law/product-liability/strict-liability-and-negligence-theories.htm) Elements Of Negligence Involved †¢ Duty:- According to the tort law, a Duty of Care is a legal obligation imposed on an individual or manufacturer requiring them to exercise a reasonable standard of care while performing any acts that could harm others. Duty of care in law should be identified for an action in negligence. Breach: Once the duty of care has been established, the plaintiff must prove that defendant failed to perform the necessary action. There will be a breach of the duty of care if defendant failed to do so. †¢ Causation: According to negligence, causation in defined as a situation when it has been proved that defendant has caused some kind of harm to the plaintiff. †¢ Damages/Harm:- â€Å"Damages are compensatory in nature and not penalizing. This means the amount awarded should aim to compensate for the pain and suffering suffered by the Plaintiff.†(http://en.wikipedia.org/wiki/Negligence) †¢ Manufacturer liabilities:- As previously mentioned, manufacturer liabilities occur during the manufacturing process of the product. Subsequent liabilities of the distributors:- Distributors are held responsible if they provide false information, regarding the product, to the consumers. Breach of Warranty            Breach of warranty is defined as the existence of defective goods at the time of sale. A warranty is violated and the seller may be held liable. Strict Tort Liability â€Å"Strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective.†(http://en.wikipedia.org/wiki/Product_liability#Products_Liability_and_Strict_Liability) FDA regulations (briefly discuss FDA’s view)               On March 22, 1990, the FDA banned the public sale dietary of L-Tryptophan completely. This ban continues today. Even small dosage of manufactured dietary supplements and manufactured L-tryptophan products in tablet, capsule, caplet, powdered or liquid form, along with multi-ingredient, non-protein supplements that also contain L-tryptophan,†come under this recall. â€Å"HHS Secretary Louis W. Sullivan, M.D., said, We are confronted with a Major public health problem. He warned, EMS can cripple. It can cause great pain. It can kill. It has had long-term effects on some unfortunate individuals, and some patients are not responding to treatment. I urge everyone to stop taking these supplements immediately. FDAs Nov. 17 recall was base on evidence from the U.S. Centers for Disease Control in Atlanta and state public health agencies that EMS victims had intakes of L-tryptophan that ranged from 150 to 17, 000 milligrams a day.†(http://www.fda.gov/bbs/topics/NEWS/NEW00064.html)  Class Action Suits Brought On By People Affected By L-Tryptophan Recall              A tort is an unintentional violation of another persons rights, usually due to negligence. It is different than a crime, which generally is an intentional violation of anothers rights. A tort is subject to civil action and subsequent judgment for damages payable to the wronged party, whereas a crime is subject to criminal action and subsequent penalty. The Case: SHOWA DENKO K.K. v. PANGLE et al. (A91A1435)                 (1991)                 Product liability action. Catoosa Superior Court. Before Judge Tucker. Plaintiff: Juanita Louise Pangle Defendant: Showa Denko K.K. (Showa Denko), Natures Bounty, Inc., the Hudson Corporation, and Showa Denko America, Inc. (S.D.A.). In late 1989, the Plaintiff Juanita Louise Pangle, a resident of Georgia, suffered from eosinophilia myalgia syndrome. EMS resulted from ingesting a large dose of L-Tryptophan, an amino acid, in the over the counter food supplement. She and her husband filed a product liability case against: Nature’s Beauty, Inc., the pharmacy from where she purchased the food supplement; the Hudson Corporation, the manufacturers which produced and marketed the food supplement; â€Å"Showa Denko K.K. (Showa Denko), the Japanese company which allegedly produced the raw material used by the manufacturers of the tablets; and Showa Denko America, Inc. (S.D.A.), the New York subsidiary of Showa Denko which marketed and distributed the raw material to American pharmaceutical manufacturers. Showa Denko appeals the denial of its motion to dismiss on the ground that personal jurisdiction is lacking both under the Georgia Long-Arm Statute and pursuant to constitutional requirements of due process. The Georgia Long-Arm Statute requires that an out-of-state defendant must do certain acts within the State of Georgia before he can be subjected to personal jurisdiction.†(http://www.lawskills.com/case/ga/id/33636/) According to the evidence and investigations provided, S.D.A. distributes and markets L-Tryptophan and other products in the United States. S.D.A. works for Showa Denko. Georgia Long-Arm Statute states that since S.D.A is subjected to jurisdiction because it performed an act for Showa Denko, Showa Denko will also be subjected to jurisdictions. (S.D.A. filed no motion to dismiss)            Showa Denko is a diverse manufacturer who manufactures and sells many different products throughout the United States. Records show visits of employees of Showa Denko to Georgia for trade shows or business purposes. Most of the business is related to the marketing of the product. This evidence was provided to prove that Showa Denko is subjected to a jurisdiction under the Long-Arm Statute.            Showa Denko,according to records, have contact with the University of Georgia. Jointly they were testing feed-grade L-Tryptophan on laying hens. Showa Denko objected to this allegation and pointed out that this issue has no link to the jurisdiction. However, there were do records present that contradicted this point. L_tryptophan used for marketing is similar to testing of feed-grade L-tryptophan for animals. This animal search was not enough to confer jurisdiction because plaintiffs’ injuries were not due to this act. â€Å"Several other jurisdictions in which Showa Denko has been named as a defendant in a case alleging injury after ingesting L-tryptophan have found Showa Denko to be subject to personal jurisdiction.†(http://www.lawskills.com/case/ga/id/33636/) Liability Joint Liability: In the case SHOWA DENKO K.K. v. PANGLE et al., Joint Liability has been put forward. Joint Liability is defined when more than one person is held responsible for the negligence act. In this case, it was not only Showa Denko that suffered the jurisdiction. Instead it liability was confirmed on all its, manufacturers and its suppliers. Vicarious liability: â€Å"Vicarious liability as also observed. It is defined as when a person is held responsible for the tort of another person, even though the person being held responsible may not have done anything wrong†http://www.duhaime.org/dictionary/dict-uz.aspx .  Damages According to the tort law, damages are compensated in the form of monetary to the plaintiff. â€Å"Damages, in a legal sense, are the sum of money the law imposes for a breach of some duty or violation of some right.†The types of damages: Actual or Compensatory Damage: these kinds of damages are compensated with the injured plaintiff. Consequential: Consequential damages apply to â€Å"damages claimed and/or awarded in a lawsuit which were caused as a direct foreseeable result of wrongdoing.†General: In General damages, â€Å"there is no evidence of a specific dollar figure.†Liquidated:- Liquidated damages are â€Å"contractually established damages†Nominal: â€Å"a small amount of money awarded to a plaintiff in a lawsuit to show he/she was right but suffered no substantial harm.†Punitive: â€Å"Punitive damages are considered punishment and are awarded when the defendants behavior is found to be especially harmful, but are normally not awarded in the context of a breach of contract claim.†Special: â€Å"damages claimed and/or awarded in a lawsuit which were out-of-pocket costs directly as the result of the breach of contract, negligence or other wrongful act by the defendant. Special damages can include medical bills, repairs and replacement of property, loss of wages and other damages which are not speculative or subjective.†Treble: Treble damage is when the â€Å"successful parties should receive some multiple of their actual damages.†(http://www.law.cornell.edu/wex/index.php/Damages#definition) and (http://dictionary.law.com/) Actual Damages That Were Rewarded Expectations Damages: Expectation damages are a form of damages occurring when the defendant party fails to fulfill the contract. Showa Denko failed to provide the required amount of L-tryptophan in his product. General Damages: In general damages losses are not quantified in monetary terms. For example; it consists of the actual pain and suffering caused by the negligent act. Also, it covers the future losses including the continuing pain and suffering. The plaintiff suffered from Eosinophilia- Myalgia Syndrome (EMS). A disease that altered their lifestyles. Hedonic Damages; Hedonic Damages refers to loss of enjoyment of life damages or damages distinct from the human capital value. Treble Damages:- â€Å"Treble damages, in law, is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff, generally in order to punish the losing party for willful conduct. Show Denko had to may a large sum of money to the plaintiff to compensate for the damage. (http://en.wikipedia.org/wiki/Treble_damages) Causes of Action â€Å"The cause of action according to the law is the ground on which the plaintiff files a lawsuit against the defendant. A Cause of action encompasses both the legal theory of what legal wrong the plaintiff claims to have suffered, and the remedy, which is the relief a court is asked to grant which is in the form of an Order of the Court instructing the defendant to do or not do something for the benefit of the plaintiff or an instruction in some cases to the plaintiff to do or not do something for the benefit of the defendant.†http://en.wikipedia.org/wiki/Cause_of_action In this case, Fraud on the U.S. Food and Drug Administration can not be considered in this case. The reason being that, fraud is defined as the intentional deceit. In contrast it was proved to be negligence. Strict liability in tort is also in effect. Strict liability in tort refers to the damages caused to the consumer by the manufacture, distributor, and wholesaler of the product. Thus, in this case, the plaintiff filed a lawsuit giving negligence and strict liability a cause of action against the defendant. The plaintiff, in return of the losses, filed financial compensation. (http://www.law.cornell.edu/wex/index.php/Category:Overview)  Conclusion      The paper is concerned with an amino acid, L-Tryptophan, and its effects on general society. L-Tryptophan is required in the diet but it spread an epidemic in 1989. Eosinophilia- Myalgia Syndrome (EMS) was caused due to overdose of tryptophan in the dietary supplement.  The product came from Showa Denko Inc, a Japanese company. Showa Denko Inc was reducing their manufacturing cost compromising in its purification procedures and quickens the production process through genetically engineered bacteria. Juanita Louise Pangle, a resident of Georgia, filed a case against Showa.  Due to the diverse and serious effects it produced, FDA banned tryptophan and placed a recall on all the products that contain it. All the over the counter food supplements had been removed. This recall is still in place, although, some changes has been made.  References John D Fernstrom (June 2000). Can nutrient supplements modify brain function?. American Journal of Clinical Nutrition.Vol. 71. No. 6. Richard Alexander. Contaminated L-Tryptophan and 5-Hydroxy-L-Tryptophan, Eosinophilia Myalgia Syndrome [EMS]: The 1989 Epidemic and the 1998 Warning. The Consumer Law Page U. S. Food and Drug Administration (February 2001). Information Paper on L-tryptophan and 5-hydroxy-L-tryptophan  Recall of L-Tryptophan http://www.fda.gov/bbs/topics/NEWS/NEW00064.html. Accessed Februaary 4,2007.  Tryptophan – Wikipedia,the free encyclopedia http://en.wikipedia.org/wiki/Tryptophan. Accessed February 4,2007 Sepp Hasslberger  (July 16 2004) Tryptophan, Niacin Protect Against Alzheimers http://www.newmediaexplorer.org/sepp/2004/07/16/tryptophan_niacin_protect_against_alzheimers.htm. Accessed on February 4,2007. Product Liability-Strict Liability -Negligence Liability http://www.legal-definitions.com/personal-injury-law/product-liability/strict-liability-and-negligence-theories.htm. Accessed February 4,2007. Law.com Law Dictionary http://dictionary.law.com/. Accessed on February 5, 2007. Category: Overview-Wex http://www.law.cornell.edu/wex/index.php/Category:Overview. Accessed February 5, 2007.  Vladimir Hegyi, MD, PhD, (December 4, 2006).Pellagra. http://www.emedicine.com/derm/topic621.htm. Accessed on February 3,2007. Sherif Nasef, MD, (November 7, 2006). Eosinophilic Fasciitis http://www.emedicine.com/med/topic686.htm. Accessed on February 3, 2007. Gary R. Epler, M.D. (January 22, 2001). Bronchiolitis Obliterans Organizing Pneumonia. Internal Medicine. Volume 161 (2). Pages 158-164. http://www.epler.com/boop1.html Ira Jeffry Strumpf,  Richard D. Drucker,  Karl H. Anders,  Sylvan Cohen,  Oluwole Fajolu. (January 1991).Acute eosinophilic pulmonary disease associated with the ingestion of L-tryptophan-containing products.CHEST. http://www.findarticles.com/p/articles/mi_m0984/is_n1_v99/ai_10489355. Accesses February 3. 2007. Robert K. Murray. Daryl K. Granner. Peter A. Mayes. Victor W. Rodwell.( 2003). HARPER’S ILLUSTRATED BIOCHEMISTRY. A Lange Medical Book. Anafranil, Clomipramine Pharmacology –Healthyplace.com http://www.healthyplace.com/medications/anafranil.asp#description. Accessed February 3, 2007. Codeine – Complete medical information regarding this narcotic pain reliever http://www.medicinenet.com/codeine/article.htm. Accessed February 3, 2007. Dalmane, Flurazepam hydrochloride, side effects, drug interactions, overdose, dosage http://www.pdrhealth.com/drug_info/rxdrugprofiles/drugs/dal1113.shtml. Accessed February 3, 2007. Xanax http://www.drugs.com/xanax.html. Accessed February 3, 2007. WHF Foods: Tryptophan http://www.whfoods.com/genpage.php?tname=nutrientdbid=103 Accessed on February 3rd, 2007 Dietary Supplements: Making Sure Hype Doesnt Overwhelm Science http://www.fda.gov/bbs/topics/CONSUMER/CON00259.html Accessed on February 3rd, 2007 FDA Recall Policies http://vm.cfsan.fda.gov/~lrd/recall2.txt Accessed on February 3rd, 2007 Drug Recalls – What is a Drug Recall? http://www.drugrecalls.com/drug_recalls.html Accessed on February 3rd, 2007
Monday, August 5, 2019
Basics of collective bargaining and its effects within globalisation
Basics of collective bargaining and its effects within globalisation a. What may McDonalds have considered in order to establish their approaches to collective bargaining in both Germany and the UK? To answer the above question we first need to know about basics of collective bargaining where Collective Bargaining is defined as the process of turning disagreements into agreements in an orderly fashion. Collective bargaining is the process followed to establish a mutually agreed set of rules and decisions between unions and employers for matters relating to employment. This is a regulating process dealing with the regulation of management and conditions of employment. Collective bargaining is used as the negotiation process between employees and employers with unions acting as the representatives of employees. The entire process depends on the bargaining powers of the concerned parties. The process of collective bargaining is to settles down any conflicts regarding the conditions of employment such as wages, working hours and conditions, overtime payments, holidays, vacations, benefits, insurance benefits etc. and management regulations. Players involved in collective bargaining: Employees Management Corporate organization Unions In line with the above definition McDonalds may have considered the approach and settings of collective bargains as an important issue of employee relations. The German setting and approach McDonalds may have considered establishing their approaches to collective bargaining in Germany: The traditional collective approach to Employee Relations (ER) in German companies is deeply rooted in the particular configuration of the German Industrial Relations (IR) system. This is characterized by a high degree of regulation and a dense, encompassing institutional infrastructure that imposes a uniform set of institutional constraints on companies, but at the same time provides incentives for employers to accept institutional constraints (Lane, 1995; Soskice, 1994). McDonalds, to establish its approaches to collective bargaining this ER and IR framework may have been considered in first instance. In addition, the institutional structure is highly integrated with strong linkages, not only within the IR system, but also to the wider German businesses system. Key elements of the German model, to which the majority of German companies subscribe, are the centrally co-ordinated sector based collective bargaining system and employee representation at domestic level via the works coun cil system equipped with statutory participation and consultation rights. Food industry in Germany is not beyond this mechanism where McDonalds considerations regarding collective bargaining approach must have encompassed with statutory participation and employee consultation and codetermination rights. Indeed, German employers have to negotiate a densely structured institutional framework inside and outside the company level. The German approach to collective bargaining is also underwritten by strong labor market legislation and an elaborate welfare system. Despite growing interest in individual bargaining style direct employee involvement mechanisms, their uptake has so far been comparably modest in German companies (Sperling, 1997). Because of the wide ranging rights of information, consultation and co-determination in the German food industry, the use of individual voice mechanisms is relatively unimportant in the German setting where collective bargaining still has the paramount influence. Therefore, in the international context, McDonalds may have considered a propensity to support a collective approach to ER in their international operations by recognizing trade unions, engaging in collective bargaining and establishing strong workplace level employee representation systems. Nevertheless, the twin pressures arising for subsidiaries of McDonalds in Germany from heightened international competition and reunification, which have led to a tendency to erode some of the elements in the German system. As employers McDonalds may have considered demanding for a more flexible, deregulated and decentralized IR system, especially in relation to collective bargaining. It seems to have gradually weakened the consensus on the benefits of the traditional collective ER approach. Throughout the 1990s, a process of incremental internal reforms to the system has progressively broadened the scope for flexibility and strategic choice in companies. Yet, this has so far been accommodated within the parameters of the flexible adaptation potential of the current system in the form of regulated flexibility and centrally co-ordinated decentralisation, pointing to a path dependent trajectory of change. Emerging ER in German companies may perhaps be described as a flexible collective approach to ER. However, it seems not entirely clear at this particular juncture whether the growing pressures of international competition can be arrested in the future within the current system by the process of negotiated and consensual reforms, or whether these pressures will lead to the disintegration of the German model. In the latter case, the possible future ER approach in German companies could than no longer be described as flexible collectivism but may move towards the individualistic Anglo-Saxon approach. Indeed, trade unions and employers associations are already losing members, which starts to challenge the traditional structure of the organisational foundations of collective bargaining and hampers the achievement of unified strategies. Despite the recent reforms, there has also been a growing incidence of disorganised decentralisation, whereby employers tend to ignore the terms of collective agreements frequently in co-operation with works councils (often as a quid pro quo for safeguarding jobs). They establish pay provisions and working time arrangements which violate the collective accords, thereby contesting the adaptation potential of the system. Large German companies increasingly tend t o insert the strategic use of DFI and the threat of locational flexibility into their negotiations with works councils to secure such deals. As one of the major employers in German food industry McDonalds may have considered the above set of changing conditions. The UK Setting and the UK Approach to Employee Relations In contrast to Germany, the contemporary British system of collective bargaining is characterized by a weak regulatory framework and a thin, fragmented institutional infrastructure, which imposes relatively few barriers and constraints on labour relations practices. The fragmentation of the institutional structure goes hand in hand with weak linkages both within the IR system and in connection to the wider national business system which obviously includes food industry in the UK. Because of the relative permissiveness of the contemporary IR context, the UK seems to be a particularly suitable country for McDonalds, as subsidiary, to explore the country of origin effect in international operations, since home country approaches to ER can be transferred relatively unconstrained by host country institutional arrangements. However, to uncover the existence of possible ownership effects it is necessary to establish the differential space between the home and the host country ER approaches. Contrary to the German experience, no distinct stereotypical UK ER approach can be identified. Traditionally the cornerstone of labor relations was the pluralist workplace industrial rela tions system, which subsequently collapsed in the 1980s in the wake of the neo-liberal labor market policies under the Thatcher government. These reforms are most important issue to be considered in establishing collective bargaining approaches in the UK which have encouraged employers to dispense with collective labour relations and to individualise ER along the lines of US style HRM by end of the 1990s a collective approach to ER is no longer representative of the economy as a whole, but is increasingly confined to the public sector and a dwindling minority of private sector companies. In the private sector, trade union recognition collapsed throughout the 1980s and 1990s and with it the incidence of workplace level trade union representatives. The institution of collective bargaining dramatically declined. By 1998, two-thirds of private sector employees had their pay fixed by management decision without any union involvement. Non-union channels of interest representation, such as staff representatives of joint consultative committees (JCCs) (the weaker version of the German works councils), are relatively rare and also in decline. They have not filled the vacuum left by the dramatic decrease in union recognition and workplace level union representatives. There is large and growing representation gap in the UK and an absence of any kind of collective voice mechanism in the majority of firms. In those firms where a collective approach to ER still occurs, it takes place within a changed power balance between employers and collective labor actors and on a decentralized basis. With the retreat of the collective ER approach there has been much discussion and expectation that HRM style direct ER may become a major feature of British ER. Although direct employee involvement methods have become increasingly common among UK workplaces, various studies point to a rather ad hoc and sporadic adoption of such practices. Companies with comprehensive HRM involvement packag es are far from the norm. Furthermore, a large percentage of them tend to be firms with trade-union recognition (WERS 1998). The combination of the low incidence of a collective approach of ER and the high incidence of comprehensive HRM style employee involvement schemes found in firms with a collective ER approach, indicates that many companies have not developed a coherent alternative approach to collective labour relations, other than the unfettered reign of the management prerogative. Here, employees are neither represented by collective voice mechanisms, nor do they enjoy a comprehensive individual voice mechanism. In case of establishing McDonalds may have considered those conditions and changing mechanisms to establish their approaches to collective bargaining efficiently. National Legislation: National legislation must have been considered by the McDonalds in establishing their approached towards collective bargaining within the industry both in UK and Germany. In the UK legislation there is no specific preference regarding the mode of employee or industrial relationship for MNEs like McDonalds. So McDonalds is well known as anti-union giant in the UK and their approach towards collective bargaining is strictly negative. In Germany on the other hand, has a highly regulated industrial relations system which, in theory at least, provides considerable constraints on the employee relations practices of MNEs. As a result McDonald had to thing the statutory bindings and regulations constraints regarding approaches to collective bargaining. Codetermination and collective bargaining rights The McDonalds in case of both Germany and UK has considered these rights as a different approach. German workers enjoy a dual system of representation, collective bargaining rights and co-determination rights through the institution of the works council and the supervisory board. Together with codetermination and collective bargaining rights, these legally enforceable and constituted rights appear to provide German employees with significant power resources compared to UK employees. So McDonalds must have considered the issues of the both rights of the employees before establishing their bargaining approach. Size of Franchise: The McDonalds corporation established itself in the UK in 1974, in Germany in 1971. The corporation currently has well over 800 stores in Germany amongst approximately 65% outlets are franchisee where in there are a similar number of stores in the UK with some 20% franchisee with approximately 45,000 employees in each country. In this case being a fast-food market leader in both countries McDonalds have considered the size of franchise. The franchise aspect influence collective bargaining issues through local entity and regulations involvement. So size of franchise is also a factor that may have been considered. Unioin Membership: McDonald also may have considered Union membership. German unions are arguably better organized and have retained a position of relative strength compared to those in the UK. Union membership at McDonalds in Germany and in the German fast-food industry is very small at around 5 per cent. However, these low percentages are still higher than the percentage of union membership at McDonalds and the fast-food industry in the UK. So this issue is an important consideration in establishing Macdonalds collective bargaining approach. The increasingly anti-union climate: The increasingly anti-union climate in the 80s and early 90s has encouraged Macdonalds in the UK to withhold or withdraw union recognition, and discouraged employees from joining unions and posed difficulties for recruitment. In Germany, union membership remains at around 5 per cent at McDonalds. The findings suggest that it is only where a works council has been established where still there is better union practice than the UK. So this consideration may have been involved in planning McDonalds approach towards collective bargaining. Characteristics of Workforce and Nature of the industry: McDonalds have considered both the factors in case of both countries to design its approach towards collective bargaining. Redundancy and employee apathy: Redundancy and employee apathy amongst part-time, temporary, foreign or young workers undoubtedly play an important role in the low or non-existent levels of union membership. So this factor may have been considered in both UK and Germany. Strong corporate culture: Strong corporate cultures are seen as instilling appropriate behaviors and. This is essentially what is argued here with regard to the non-union approach of McDonalds in both the countries. McDonalds Anti-union belief: McDonalds is basically a non-union company and intends to stay that way. About unionization in the UK once McDonalds stated thatà ¢Ã¢â€š ¬Ã‚ ¦.. unionization has risen its ugly head over the years, but you know, we feel that we offer a good deal to people, all kinds of ways in which we can communicate, so that if there was a problem they can bring it to management, we feel that we dont need unions. But in Germany McDonalds never been outspoken like in UK about union. Public image Macdonalds has a big public image and brand reputation which may have been considered both in the UK and Germany to establish collective bargaining approaches. Employer Associations Employer associations in Germany are stronger than UK. So the MsDonaldS approach in the UK is different from that of Germany. b. How may McDonalds have considered individual bargaining as an alternative or additional approach in both Germany and the UK? What benefits and/or problems may this have brought in both countries? Individual bargaining: Individual bargaining is the process by which an employer and an employee negotiate an ndividual contract of employment, regulating the terms and conditions of employment. Differing Approaches to Employee Relations at the Collective and Individual Level: Managing the relationships between employees and employers grows more complex and more critical every year. You need a strong relationship between employers and employees to navigate the human resource minefields of sexual harassment, employee threats of violence, equal employment opportunity, executive compensation, plant closing and relocations, and downsizing and workforce restructuring. Basically, employees have a relationship with their employer/s, and the success of this relationship influences the success of the company. Collective and Individual relations refers to two of the main types of relationship between the two parties. Individual Bargaining: Advantages The main advantage of individual bargaining is it is a single voice and thus there is no conflict in matters Another advantage of individual bargaining is that it expresses the views and opinions of one person and thus there is no compromising Individual Bargaining: Disadvantages The main disadvantage of individual bargaining is that the manager will not take a lot of notice of just one persons views or opinions and therefore nothing will happen Thus there is not a lot of chance that individual bargaining will have an influence on company decisions and policies. Collective Bargaining: Advantages The main advantage of collective bargaining is that the manager will not take a great deal of time in deciding on what action to take on an individual level. The employees have greater influence in the final decision the manager will take. There is also a chance of the employees getting what they demand. Collective Bargaining: Disadvantages The main disadvantage of collective bargaining is that it is seen as depriving the individual worker of their individual liberty and voice. The major changes in the industrial relations in UK i.e. a shift away from collective bargaining towards individual argaining were in the favour of McDonalds own strategy. The turn down in the union membership in both UK and Germany also helps McDonalds to practice the individual bargaining in their organization. Benefits: Improvement in the relationship of management and workers within the organization as it is evident from the statement of John cooke McDonalds US Labour relations chief as: We feel that we offer a good deal to people, all kinds of ways in which we can communicate, so that if there was a problem they can bring it to management. As employees are generally unaware of their rights they can take advantage of the situation to save their costs. As example is given cleaning of uniforms. And also regarding pay, performance related pay, probation and notice for redundancy, paid leave. Individual workers can never be a threat for McDonalds where there may have a chance in the existence of trade union. Disadvantages: Loss of public image in Germany that subsequently decrease their sale growth in German market. Large compensation need to provide for violating employees rights in different work place. How may the approach to collective bargaining in Germany and the UK influence employee relations for McDonalds internationally? McDonalds opposition to trade unions is now well-documented; however, the extent to which it can operate without unions or can avoid or undermine collective bargaining with unions and/or statutory works councils varies considerably in different countries and over time. Consequently the ability of national unions and their GUFs to improve pay levels and conditions of work has been limited, variable and by no means static. This is nicely illustrated by McDonalds operations in New Zealand where the corporation responded pragmatically to changes in government and labour legislation, excluding unions from and then returning to collective bargaining ahead of law reforms aimed at strengthening unions in 2000, but continued to keep unions out of its restaurants wherever possible. Attempts to regulate McDonalds employment conditions are therefore an ongoing struggle in which without pro-union labour law, unions have little chance of organising workers and even less chance of establishing collective agreements. This may come as no surprise in countries such as the and Ireland where unions have had either no success or short-lived successes in gaining union recognition only to be denied before collective agreements can be established or enforced. However, even unions located in countries with more stringent labour legislation (e.g. Denmark, the Netherlands, France, Italy, Germany, Sweden and Norway) have had varying success in achieving some improvements in employee representation, pay and conditions of work and even where improvements have been achieved they are often under threat. Union attempts to increase the number of union-backed works councils and establish a company-level works council (Gesamtbetriebsrat) have completely failed, resulting from a number of sophisticated union-busting practices. Furthermore, despite some success in persuading McDonalds to accept collective bargaining in Germany in the late 1980s, McDonalds withdrew from collective bargaining in 2002 and has threatened to deal exclusively with a yellow union. In Denmark, where average union membership is much higher than Germany and labour law is equally stringent, McDonalds only agreed to bargain collectively after a year of conflict and boycotts involving other Danish unions and support from Finnish and Swedish unions in the late 1980s. McDonalds has tried to roll-back the basic terms of such agreements ever since. Nevertheless, in Sweden, Norway and Denmark, McDonalds workers do enjoy better conditions of work and higher pay than in other European countries and the USA itself. However, even in those countries it is very difficult to establish union representatives in the outlets, something which experience shows is essential if such collective agreements are to be properly enforced in. Despite these difficulties European unions have undoubtedly had some success in bringing McDonalds to the bargaining table, especially where sector-level bargaining is in effect compulsory and where labour law is more stringent and supportive of union rights and collective bargaining. What additional or alternative methods could support good employee relations for McDonalds? Consider the role an HR function could take? The HRM approach to employee relations can be described in terms of several prescriptions. An HRM model for employee relations focuses on a drive for commitment meaning that the focus of the organisation should be to win the trust, motivation and commitment to the organisation, participating in its development opportunities. Emphasis is on mutuality, meaning that employees share common goals, the vision and mission of the organisation. Communication within the organisation follows an established set of procedures that are agreed formally or informally and may include briefings, meetings with representatives, etc. HRM emphasises the shift from collective bargaining to individual contracts. Employee involvement is fostered and a number of techniques and approaches are followed to support their involvement. Total quality management aims at continuous improvement of quality. Another initiative is flexible working arrangements and focus on the life-work balance through harmonisation of conditions for all employees. Finally the support of employee communities of practice and team spirit are of high priority. Employee relations describe as in terms employee communication, employee involvement, employee rights and employee discipline. Armstrong has identified the elements of employee relations as follows: Formal and informal policies and practices of the organisation. The development, negotiation and application of formal systems, rules and procedures for collective bargaining, handling disputes and regulating employment. Policies and practices for employee communications. Informal and formal process regulating the interactions between managers and employees. Policies of the government, management and trade unions. A number of parties including state, management, organisations, trade unions, employees, etc. The legal framework. Institutions (e.g. ACAS) and the employment tribunals. The bargaining structures, recognition and procedural agreements enabling the formal system to operate. Employee relations processes Figure Reconciliation of interests between employers and employees According to the Industrial Relations Services there are four approaches to employee relations, namely: Adversarial meaning that employees are expected to follow the targets identified by the organisation. Traditional meaning that employees react on management proposals and directives. Partnership meaning that employees are involved in assisting the organisation and consensus is reached in decision making related to policies. Power sharing employees are involved also in daily management apart from policy making. Employee relations policies act to disseminate its preferred approach with respect to the relationship it wants to have with its employees and the empowerment of employees for certain activities. Employee relation policies cover several areas, including: Trade union recognition meaning decisions with respect to the recognition or derecognition of certain unions and preferences of the unions the organisation prefers to deal with. Collective bargaining meaning the identification of those areas that should be covered from such a negotiation. Employee relations procedures meaning procedures such as redundancy, grievance handling and disciplinary actions. Participation and involvement meaning the extent to which the organisation shares power and control with its employees. Partnership meaning the extent to which a partnership with employees is desirable. The employment relationship meaning the extent to which employment terms and conditions are controlled by collective agreements or individual contracts. Harmonisation meaning the harmonisation of terms and conditions of employment arrangements. Working arrangements meaning the extent to which unions are involved in the determination of working arrangements. Employee involvement is central to employee relations as Bratton and Gold discuss. Employee involvement can be described in terms of the form of involvement (whether it is formal or informal), the level of involvement in the organisational hierarchy and the degree of involvement. Across these three employee involvement dimensions several types of involvement can be rated from the lower ones in terms of empowerment, involvement and organisational level to the higher ones. The following situations are ranked in an ascending order in terms of all three dimensions of employee involvement: Communication -> Financial Involvement -> Problem solving groups -> Quality circles -> Cross functional teams -> Self directed teams -> Collective bargaining -> Worker directors -> Works councils. Employee involvement can be described as an involvement-commitment cycle, a communication cycle that builds an internal culture encouraging initiative, learning and creativity. The cycle consists of the following stages: Managers perceive the need for involving employees in decision making Introduce new forms, employee involvement and open communication mechanisms Greater autonomy and input into decision making Increased employee job satisfaction, motivation and commitment Improved individual and organisational performance. As a group of HR practitioners discuss different approaches to industrial relations and identify which one would be most suitable for an organisation that must resort to significant redundancies in order to survive an economic crisis and new entrants in its industry sector.
Sunday, August 4, 2019
Etisalat and Total Quality Management (TQM)
Etisalat and Total Quality Management (TQM) Etisalat is one of the worlds largest telecommunication companies. It is the largest service provider of mobile facilities in United Arab Emirates. Etisalat claims to have almost a 100 million customers. The company is providing service in UAE, in Africa and now also in Asia. Etisalat has a profit of almost 8 billion dollars. Etisalat has also diverged into being on of United Arab Emirates largest internet providers. It is not only providing internet accessibility to customers but also to other companies who are in the same business. It is United Arab Emirates largest voice carrier and it is also Africas largest voice carrier. Etisalat has roaming facilities in at least 186 countries around the world. Etisalat was founded in 1976. In 1983 , 60% of the share was bought over by the United Arab Emirates government and 40% share was sold in the open market. In 1991 it got the permission to provide wired and unwired telecommunication services within United Arab Emirates and also in other countries. During this time itself, the company got the license to produce, import or export tele-communication equipments. This step made Etisalat the monopoly over tele communication business in the United Arab Emirates. This not only started fetching the government huge revenues but it also developed the mobile sector of tele-communication and other tele-communication sectors in United Arab Emirates. It was a major achievement in this sector for the country. The companys profit grew to more than 80% and almost 700000 phone lines in the country are now owned by Etisalat. In 2001 Etisalat opened up its international ventures and it started business in Islamabad. Etisalat is the 6th largest company of United Arab Emirates and is the worlds 40th largest enterprise. It is United Arab Emirates largest revenue earner after the oil and gas industry. TOTAL QUALITY MANAGEMENT- AN INTRODUCTION: W. Edwards Deming was the person who invented the TOTAL QUALITY MANAGEMENT concept. Total quality management refers to maximising customer satisfaction by minimising the errors. It involves optimal utilisation of resources. It involves training of employees to the maximum possible level. The most important aspect of Total Quality management is that it involves that the errors in production are removed completely. It involves giving the best to the customer. To give the best to the customer everything should be perfect in an organisation. The organisations functioning should be 100% so that the customer can as an end result get 100%. TQM is basically a set of functions which if performed shall ensure that all the customers expectations are exceeded or met. ETISALAT AND TOTAL QUALITY MANAGEMENT APPROACH: Total quality management approach has become very important in todays world. All customers want better than the best for their money. Todays customer is not easily satisfied. Etisalat has been wise enough to recognise this new emerging trend. Etisalat believes that quality is the key to overcome competition in todays modern market. More and more organisations all around the world are looking up to quality production for overcoming competition. The total quality management field is a new field. It is still developing. Etisalat has developed its own ways of quality measurement with passage of time. Etisalat believes that quality improvement is a continuous process. You can never stop improving the quality of the product or service that you are providing. Quality is the essence of any product or service. Total quality management has become very important for Etisalat over the past few years. There has to be a continuous flow of improvements in the services being provided if proper benef its of total quality management are to be realised. Although it must be noted here that Etisalat does not depend on total quality management for satisfying the needs of its customers and for achieving its target. Total quality management does not solve any managerial issues. (hashmi) Total quality management only seems to cater to the problem of customer satisfaction. Etisalat has customised its total quality management approach in such a way that it gives a purpose to the company to move ahead and develop its product more not only for the satisfaction of the customer but also for the overall development of the company including the increase in profits agenda. Although at the beginning Etisalat had some problems in adopting this new total quality management approach but then it realised that the economic conditions everywhere are changing and sooner or later the company had to make itself more customer oriented. Etisalats internet providing services were the first to adopt the total quality management approach. Soon the company started seeing positive changes. The actual number of new connections also got increased. After realising the positive affect of Total quality management the same was applied to the mobile service providing sector also. Etisalat also realised that one way to successfully apply the total quality management approach was to improve the quality of equipments being used to provide the services. Earlier the marketing agenda of the company was that it was providing services at the lowest possible cost. Now the agenda is providing the best quality at the lowest price. And this approach has shown tremendous positive results. Moreover the problems should be sorted out as soon as they are found. One should not wait for meetings and discussions to get over them get over the problems as soon as they are found. This is also a relatively new concept which has emerged from total quality management. (hashmi) Proper training of employees is the essence of the total quality management approach. The best possible training needs to be given to the employees for the best possible results. Training enhances the capacity to work. It allows the employees to work on a level which is higher than what they can work on. (stark) The training should be given with regards to the requirements of the job that the employee has to do. Etisalat is using the latest technology available in the market to provide to the market the mobile services. Although it increases the capital requirements and cost of the company, but the customers get the best possible services and moreover running cost or cost of providing services is reduced substantially. Etisalat has picked up a new theory from total quality management, this theory involves that the company shouldnt function on the basis of increasing the number of customers, it should work on improving the quality of the services it is providing, and the customers wil l be attracted on their own if the services being provided are of the best quality. The company should hire only the best educated for properly applying the total quality method. Moreover the company in return should arrange for proper education facilities to the community. This will ultimately help the company itself in the long run. The truth is that Total quality management does not create the quality but it creates the process. Total quality management involves a complete change in the working culture of the people. (stark) It emphasises only and only on quality. The employees at Etisalat had some problem in adopting this new method of working, but as soon as they realised that this was the correct way ahead and it would be giving great rewards in the future they readily accepted it. Etisalats management decided that not only the basic product should be of quality the extra add-ons should also be of the best possible quality. Etisalats management decided that total quality manag ement should be so well adopted by the company that there should be no margin for error at all. Whatever the company is giving to its customers it should be of the best quality, no one else in the market should be giving something or anything better than what Etisalat could provide for. PROBLEMS OF TOTAL QUALITY MANAGEMENT APPROACH: Since total quality management is comparatively a new approach people are still working on it. All the firms who are trying to adopt this approach face problems while applying this approach. (stark) Each and every firm tries to explore with this new approach. The management at Etisalat has also introduced its own variations in this approach. One of the major problems which were faced by the mangers at Etisalat was the problem of measurement. There is no proper way which has been developed as of now that can measure the change in quality. It has been hard to measure the proper affects of change due to quality. Managers found it hard to measure whether the changes made in the working of the firm due to the total quality management approach were bringing positive or negative results; they ultimately had to refer to the number game to find the effects of total quality approach. Total quality approach on the other hand emphasises the attention of people away from the numbers to quality. T otal quality management is next to useless if it cannot be measured. The change in results must be measured if total quality management approach has to become successful. Moreover it was being realised that it was easier for the middle management and lower working class employees to adjust to the total quality management approach but the upper management at Etisalat found it hard to do so. This was so because upper management was used to working with numbers. It was hard for the top managers and the owners of the company to shift the very approach towards business. They had to change their very beliefs in business. Although total quality management is supposed to decrease costs, but in reality the management at Etisalat found that implementing this approach had infact increased the cost of providing services. Moreover it was found that businesses who are well established like Etisalat and they do not want to innovate a lot also face problems in applying the total quality approach me thod. Total quality management approach also increased the companys capital expenditure as it involved getting the best in line equipments. This involves investing huge amounts of money and maybe some smaller companies may not be able to do so. Moreover after applying the total quality management approach the company had to spend hugely on advertisement to let the world know of its change in approach towards business. The cost of the final service provided was also increased after applying the total quality management approach. The management tried very hard to avoid increase in price but as we all know that the best comes at a price so this increase in price was unavoidable for the people at Etisalat, and many customers did not approve of the change in costs. RESULTS AND METHOD OF IMPLEMENTING TOTAL QUALITY MANAGEMENT BY ETISALAT: Etisalat was able to identify a lot of things after implementing total quality management approach. It realised that the approach like all other approaches had both positive and negative effects on the functioning of the company, and also it had double effects on the final figures of the company, although surprisingly this approach had many more positive effects than it had negative ones. It was found that this approach affected everyone who worked for the company. Total quality management approach was completely based on team work. Team work was the essence of total quality management. It was although hard to implement because in such a large corporation as Etisalat it was hard to make everyone co-operate with everyone else. Moreover the management realised that it was actually hard for them to remove their attention from the number game and completely focus it on quality management. It was hard to find on the basis of quality that the firm was underperforming or was doing better th an before. It was later found out after a few months of application if total quality management approach that there was a significant increase in the actual numbers of customers. Also there was less number of complaints now. Application of total quality management approach is a hard job; moreover it challenges the very foundation of principles of management of business. Business success before and up till very recently was completely based on numbers, the higher the numbers the better it was. The quality hardly mattered. Whatever sold was considered to be of the best quality. With the application of total quality management everything changed. It did not matter anymore to the management at Etisalat whether the numbers increased or decreased they had to concentrate completely on the quality of services that they were employed to provide. This quality had to be the best. It was a heavy task as it had two aspects attached to it. The first was to actually start providing the best servic es to the people. This included changing various technological equipments, it involved changing the basic equipments used as raw materials, everything every equipment that the company used should be of the best quality, until and unless this happens it would be hard to give the best possible end result. Secondly the customers needed to be informed in the change of policies of the company. This in itself was a humungous task. The management at Etisalat was unsure that whether the customers would take this approach in a positive manner or not. It had to be conveyed to the public that there was a major change which would take place in the way the company functioned. This was very hard because Etisalat has almost 1 billion customers all around the world. But the top management of Etisalat was able to carry out this task properly. Company is now successfully providing the best possible services to its 1 billion customers whether in the tele-communication sector or in the internet service providing sector. CONCLUSION: Total quality management is more of a discipline than anything else. It is concluded that quality is the end product of all the activities undertaken in the total quality management approach. It involves a complete change in the outlook of producers and service providers. It changes their emphasis from mass selling to quality selling. Followers of total quality management believe that providing quality product or service will automatically lead to increased sales. It is important to understand here that providing quality products should not mean that the price of such product can be sky high, the approach should be such that the best quality product should be provided at the best possible price. The pricing should be correct because even if the product is the best in the market but it is overpriced it will not sell. Therefore this involves the working of financial analysts with total quality management approach experts. A balance between the two approaches must be struck. Etisalat ha s understood the importance of total quality management approach. The management of Etisalat are working more and more towards this approach now. They are also trying to communicate this change in their policies in the best possible ways to their customers. The customers have become very demanding all over the world these days and total quality management approach seems to be the only possible way to satisfy the needs of the modern customer.
Allergy :: essays research papers
Allergies are especially unique in the medical field because they differ among patients. An allergy is a specific immunologic reaction to a normally harmless substance, one that does not bother most people. People with allergies are often sensitive to many substances. Common allergens that cause allergic reactions include seasonal, outdoor allergens like tree, grass, and weed pollen, and year-round indoor allergens including dust particles, animal dander, and indoor mold. Most people usually can be cured by various treatments. Many people are curious why they are allergic and others are not. The answer to this is that allergies are genetic in almost all cases. Scientists and researchers believe that people inherit a tendency to be allergic, although not to any specific allergen. Children are much more likely to develop allergies if their parents have allergies. Interestingly, people with year-round (perennial) allergies commonly develop the problem as adults, and are more likely to be women than men. Symptoms can lessen as you get older, but they rarely completely disappear without treatment. Patients who usually have allergies suffer from many symptoms due to the allergic reaction(s). Normally, your immune system protects you against invading agents such as bacteria and viruses. Otherwise harmless allergens (allergy-producing substances) cause your body to react as if they were dangerous invaders. In effect, your immune system is responding to a false alarm. Some of the common allergens that disrupt the immune system are animal dander, molds, and dust mites. When you first come into contact with these allergens, your immune system treats the allergen as an invader and mobilizes an attack. The immune system does this by generating large amounts of a type of antibody (a disease-fighting protein) specific to the particular allergen you're allergic to. In the case of pollen allergy, the antibody is specific for each type of pollen: one antibody may be produced to react against oak pollen and another against ragweed pollen. This antibody attaches itself to certain cells in your body. The next time you come into contact with the allergen, the allergen attaches to the antibody like a key fitting into a lock, causing the release of powerful inflammatory chemicals, including histamine. These chemicals move into various parts of your body, such as your respiratory system, to cause allergy symptoms including runny nose, itchy eyes, and sneezing, am ong others. Patients who suffer from allergies usually have some serious disadvantages. Allergy patients usually have trouble sleeping, breathing, and sometimes even eating or drinking depending on the allergy.
Saturday, August 3, 2019
The Problem with Ticketmaster: Solutions to Music Industry Corruption
The Problem with Ticketmaster: Solutions to Music Industry Corruption         I consider myself to be a fan of all types of music and I like to stay involved with the music world. Music is such an integral part of society in so many different aspects. Music defines time periods, brings back childhood memories, educates, relaxes as well as inspires. Stop and think for a moment if the music stopped, what would the world be like? A sudden silence overcoming the world. More realistically, stop for a moment and think what it would be like if you could not see your favorite band in concert.         This is a scenario that is becoming more apparent. In upcoming news the rock and roll band U2 has launched a world wide tour and they plan to come here to Tempe to play Sun Devil Stadium in the beginning weeks of May 97. The political group Rage Against The Machine will also be opening for U2. I am a fan of both of these bands so I looked into getting tickets for the show. I have found some shocking results as far as tickets go as well as tickets for other bands. For the U2 shows it can cost up to $61.60 for ONE ticket. â€Å"Thanks in part to eye-popping Ticketmaster telephone service fees of $8.35 per ticket, a set of tickets for U2’s May 31 show at New Jersey’s Giant’s Stadium cost a fan $246.40 for four tickets†(Boehlert 25). As a freshman in college on a tight budget it is extremely difficult for myself to pay that much money for one ticket with a $8.35 surcharge. I am sure that many people can empathize with not wanti ng to see some of your favorite music at such a high price. Why must the surcharges be so high?         This is just one example of the manipulative business manner in which Ticketmaster operates. Ticketmaster... ...practices are exposed ticket prices will change and a college student would be able to go see that U2 concert. Works Cited Boehlert, Eric. "Pop Journal." Rolling Stone. April. 97: 25 Errico, Marcus Pearl Jam Tours. E! online. Go To (1996, July 24). Gossard, Stone and Ament, Jeff on prepared statement in connection with the oral testimony before the sub-committee Guinto, Joseph. Vs. In Dallas. met@onramp.net (1995, May 17). Marks, Craig. "Pearl Jam." Spin Feb. 1997: 39-45 Moody, Fred. Pearl Jam Versus Ticketmaster. Seattle Weekly. Go To. Philips, Chuck. Pearl Jam to Tour on Own Terms. Los Angeles Times. Go To (1996, July 25). Selvin, Joel. Online Club Tickets On Sale. San Francisco Chronicle. (1996, Sept. 29). 54 Najarian12 TicketWeb. at info@ticketweb.com Uhelszki, Jaan. Dave Marsh on the Pearl Jam/ Ticketmaster Mess. (1995, May 11).
Friday, August 2, 2019
Cognitive Ability Essay
Any company needs a system of control and measurement. This is all the more true in the food industry, wherein the expected output is not only about taste or profitability, but also on several factors that could cause a multitude of praise or problems such as quality of service, effective controls, innovative product mix, brand image, etc (Profitable Tips For All Restaurant Owner, by Kevin Moll). Although the restaurant operations group, central office, administrative support, and upper management are all expected to be calibrated and to work in harmony, this type of business requires a funnel point, or local management whose role to act remotely on behalf of, but in full calibration with, upper management in terms of policy implementation, achieving store targets, local marketing, and other operational tasks. This funnel point is the Restaurant Manager (Ninemeier, Jack D. ; Hayes, David K. (2006). Restaurant Operations Management: Principles and Practices. Upper Saddle River, N. J: Pearson Prentice Hal). In recent years, it has been a recurring problem of the Shakey’s Philippines operations team that some of the Restaurants have not been meeting its target Quality, Service, Cleanliness, and Hospitality (QSCH) Score and Profitability Goals (Based on the 2012 Audit Scores). Although several initiatives have been rolled out to coach each employee’s performance, the consistency of the store’s QSCH scores and the achievement of target profitability have been directly linked with the performance of the respective Restaurant Manager (Store QSCH Score is included in Restaurant Manager’s total Performance Appraisal rate). Although coaching initiatives and continuous improvement programs have been launched and maintained, the problem resurfaces when attrition happens. Whether the attrition is expected or unexpected, the fact is that new talent coming in, either from the outside or from within, will always face the same pitfalls and challenges, plus problems that have been newly developed or caused by the failure of the previous local management handling the store; this causes the aforementioned coaching and continuous improvement initiatives to be re-implemented and relearned, ending and beginning this loop again with attrition, even slowing down the effectiveness of improvement initiatives. The process of learning and relearning, which is highly dependent on the Restaurant Managers’ cognitive ability, makes the difference when dealing with this loop(Schmidt, Hunter, and Outerbridge’s (l986) causal model of job performance); it defines how much the Restaurant and, consequentially, the store itself can progress from the loop and continuously improve on its operational performance. This study aims to understand the significance and relation of the Restaurant Managers’ cognitive ability on the achievement of store objectives, and to address such problems. Background of the study Schmidt, Hunter, and Outerbridge’s causal model of job performance suggests that cognitive ability is the most important cause of job performance and that the relationship between ability and performance is stable over time (Development of a Causal Model of Processes Determining Job Performance, Frank L Schmidt and John E. Hunter). Though there is a lack of studies that specifically discusses the impact or effect of Restaurant Managers’ cognitive ability on the store performance, the scope of the universal model developed by Schmidt, Hunter, and Outerbridge could be used for restaurant industry. There are three factors to consider, before discussing the relationship between the Restaurant Managers’ cognitive ability and the performance of the stores the Managers respectively handle: 1. The Restaurant Manager’s Duties and Responsibilities needed to be accomplished, as well as targets to be achieved; 2. The Restaurant Manager’s Personal and Technical Competencies needed prior to placing any candidate, external or internal, into this position; 3. The current average and modal store performance in a given sample population versus the scores of the Intelligence Quotient (IQ) tests taken by the Restaurant Managers who run the stores in the sample population. The first two factors are found in the Restaurant Manager’s Job Description, which differs from company to company, while the third factor will be based on actual data from the sample population within a prescribed performance appraisal period alongside the last known IQ test scores of the respective Restaurant Managers. The first two factors are what will be used to describe, respectively, the current deliverables expected from all Restaurant Managers, and who the ideal Restaurant Manager should be as well as the capabilities in running store operations effectively. From the analysis of this information we can further elaborate the significance of measuring cognitive ability for prospective Restaurant Managers for screening purposes, as well as current Restaurant Managers for continuous improvement and internal screening purposes. The third factor shall be used to analyze the current relationship between the Restaurant Managers’ cognitive ability and their respective store’s performance. The analysis will include possible trends to further reinforce or debunk any possible relationships. Objectives of the study †¢ To identify the relationship of Restaurant Managers’ cognitive ability and achievement of store objectives †¢ To determine the acceptable level of applicant’s IQ in hiring or promoting Restaurant Managers †¢ To recommend either changes or retention in assessment tools to accurately determine the cognitive ability of prospective Restaurant Managers Significance of the study This study, if used in similar contexts, may be used as follows: †¢ To improve company selection processes, either to reinforce or debunk current practices of measuring job applicants’ Intelligence Quotients; †¢ To create more focused people development strategies, either more or less focus on increasing employees’ cognitive abilities; †¢ To reinforce or debunk the relevance of cognitive abilities on employees’ job performance, to gauge employees’ and applicants’ capabilities to take on certain responsibilities; and †¢ To properly plan and create succession plans and manpower requests within organizations. Scope and limitations For the purpose of this study, the Job Description, performance data, and IQ test scores to be studied will be those of the Restaurant Managers of company-owned Shakey’s branches, covering Manila areas only. It shall not include data from Franchisee-owned branches and the Restaurant Managers running these branches. This study shall also cover data from Restaurant Managers who have run their respective, company-owned stores for at least one year. This is to ensure the integrity of the data, and factor out possible cultural and functional adjustment periods brought about by new-hire status, lack of experience of newly-promoted Managers, newly-built store locations, and other similar scenarios. As such, data from Restaurant Managers of company-owned stores within the sample population whose tenure is less than the period prescribed in this study shall not be included. The IQ test results to be considered shall be those taken using the proprietary internally-developed IQ test only, and will not include results from any previous IQ tests. It must be noted that this test is used on all Restaurant Managers screened either for hiring or for promotion within all locations of Shakey’s Philippines, and its norms have been based on the current manpower of the company, across all levels and departments. Therefore, this IQ test is, for the purpose of this study, valid. Convenient Sampling Method shall be used for this study, both due to logistical limitations, as well as evening-out the sample population. It should also be noted that this study shall also take into context several factors that could have an effect on the success or failure of any given establishment aside from the Restaurant Manager’s cognitive ability, such as personal competencies, values, and the working experience of the Restaurant Manager. Whichever outcome and results may arise, this study does not denote that the store’s performance is solely or definitively dependent on the Restaurant Manager’s cognitive ability. The definition of Cognitive Ability is taken from Dr. Pascale Michelon, (Author of Max Your Memory and the Founder of Memory Practice). Cognition is how a person understands the world; it is a set of abilities, skills, or processes that are part of nearly human action. Cognitive abilities are the brain-based skills we need to carry out any task, from the simplest to the most complex. Dr. Michelon states that cognitive ability has more to do with the mechanisms of how we learn, remember, solve problems, and pay attention rather than with any actual knowledge. It refers to the individual’s capacity to comprehend, think, reason and solve problems (What is a Cognitive Ability/What are Cognitive Abilities and Skill, 2006). The hospitality sector is known to have the highest employee turnover rate among all other industries (The Economic Times, Highest Attrition in Hospitality and Aviation Sectors Survey, April 2012). The Human Resources (HR) departments of companies in this sector are required to hire talents who can adjust immediately to their new working environment and possess the ability to learn, continue, and finish the tasks left by the person previously holding the vacated post in the soonest possible time, with minimal training and supervision provided (Copyright 2003-2006 www. iBizResources. com). This also holds true in Shakey’s Philippines where Restaurant Managers leave the company either for opportunities outside the country or because of better offers from competitors. Shakey’s Philippines has an estimated 8% turnover rate for the Restaurant Manager employees in 2012 (Data Collected from Shakey’s HROD). Given this situation, it is important for Shakey’s Philippines, as with any other company facing similar dilemmas, to implement programs and initiatives that will counter the negative effects of this attrition. To better understand the impact of a Restaurant Manager on an organization in the Food industry, analysis of the Restaurant Manager’s job scope is needed. The main duties and responsibilities of a Restaurant Manager of Shakey’s Philippines are as follows: 1. Oversee overall operations of the restaurant including personnel management, stocks and inventory management, maintenance management and other administrative function 2. Develop and implement Local Store Marketing strategies, and ensure proper implementation of company wide marketing promotions 3. Ensure proper implementation and compliance to company controls and standards 4. Solve problems and decide on critical issues concerning but not limited to customer complaints, employee related conflicts, administrative cases, store accidents, decreasing sales due to strong competition, equipment breakage, delayed delivery of raw materials, etc. 5. People Development For Restaurant Managers to effectively carry out these responsibilities, certain abilities are required to be identified in prospective internal and external candidates. The Qualifications and Skills of a Restaurant Manager of Shakey’s Philippines are as follows: 1. Ability to set goals and implement sales building initiatives to ensure achievement of the target sales 2. Ability to use benchmarking and trade area awareness as analysis tools. Can analyze sales trends and performance. a. Has the ability to identify business opportunities within his trade areas b. Has the ability to study competitors within his areas and implement improvements to ensure his store is at par with his competitors, c. Is constantly calibrated with the best practices of the industry, which are to be implemented and practiced in the respective store 3. Ability to plan, direct, monitor, organize, control the restaurant financial resources. a. Has the ability to conduct profit and loss analysis and easily spot discrepancies in financial reports. b. Can determine factors affecting contributing to high cost efficiently. c. Can implement action plans and preventive measures to ensure a sound operational cost d. Can manage restaurant cost to acceptable level, and can create ways and means in managing cost. 4. Can implement and monitor quality standards in the store. Has the ability to consistently achieve an excellent QSCH Audit Result. 5. Ability to develop team capabilities. a. Has the ability to energize and inspire his team, and work towards the common goals. b. Has the ability to train his management team on various restaurant system (inventory, cash control, workforce planning, etc) 6. Ability to develop and implement effective local store marketing that boost sales and build brand 7. Has the ability to develop and implement effective merchandising techniques All these qualifications and skills are most likely to be present in people with higher cognitive abilities, based on Dr. Michelon’s abovementioned definition of cognitive ability. Cognitive ability plays a major role in learning new systems and operations, as well as making correct actions in each problematic situation that people encounter at their respective workplace. This particular ability helps newly hired employees perform well in their recently acquired roles, enabling them to hit the ground running (Development of Causal Model of Processed Determining Job Performance, Frank L Schmidt, John E. Hunter). Schmidt, Hunter, and Outerbridge’s Causal Model of job performance suggests that cognitive ability is the most important cause of job performance; that it is the primary determinant of job performance, and that the influence of this ability either remains stable or increases over time. Further analysis has suggested that cognitive ability retains its influence on the employee well-past the initial stage of employment, when incumbents are learning how o do their jobs, and is still a major contributing factor for job performance measurement among more senior job incumbents. Cognitive ability enables incumbents to acquire and apply job knowledge, and is also related to the employee’s ability to solve novel problems and to make appropriate judgement in situations where routine procedures do not apply; this will be most important in situations where the employee must learn new procedures or techniques, or where novel problems or job demands require sound judgement c alls from the employee. It is necessary, then, to hire Restaurant Manager replacements with high levels of intelligence; without the ability to adapt quickly towards their new working environment, new-hires’ and employers alike will be facing problems such as losing profitability to lost opportunity cost. This is especially true in Shakey’s Philippines, as it is so for all restaurant companies, whose profitability is dependent on their Restaurant Managers’ performance.
Thursday, August 1, 2019
Southern United States and White People
DBQ Essay Many African Americans gained freedom of slavery from 1775 to 1830 during the same period the institution of slavery was expanded. Slavery was expanded because of the profits from growing cotton and the industrialization the North had. Although there were free African Americans in America, they were still mocked. (Doc . I) The people during this time period were still ignorant and were not enlightened. David Walker was a free African American who proposed to white people since it was quite similar to the American Revolution. (Doc.J) Walker showed the white people that African Americans deserved freedom. Some slaves did not want to wait for the white people to grant them there freedom, so therefore they took action to gain that freedom. (Doc. G) As the African American took action, Nat Turner started his own riot and killed about 50 people. This would be the reason why slaves should not be given freedom since they were violent. During the earlier time period, indentured serv ants were offered by the British with freedom in America if they joined the British. (Doc.A) This was agreeable to the slaves because they were no longer helpless. However, slaves attempted to runaway because the price was high to gain freedom. The British lost the war and did not keep the promise for slaves. The slaves were seen as savages; they would be in danger in society but also to themselves if they were freed. (Doc. E) If slaves were freed, the white and African Americans would not be getting along because there are not planters. In Doc. C, the picture showed the difference between the percentages of the slaves from 1790 to 1830.The North did have enough industry so they had to let go some of the slaves. The South gained a lot of slaves in order to keep their industry wealthy. In the south slaves were used on plantations to grow their cotton, tobacco, and sugar. There were many challenges that led both slaves and free African Americans to work hard to gain their freedom. The y had some help with the North as well. Without the three groups, King Cotton, King Wheat, and King Corn, working together, slavery would have been continuing for the longest time.
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