Health Disparities Report

Activities In Progress To Reduce Health Disparities Report

The purpose of this project is to identify and critique activities in progress (research, intervention programs, policies, etc.) for the elimination of inequalities that directly impact health such as racism, sexism, poverty, social exclusion, substandard housing, in California.

Please use the MEDICAL and answer these questions in a  format.

 

The next section  focuses on your interpretation and research of the agency and/or program:

  • What are the strengths of the agency and/or program?
  • What are the limitations of the agency and/or program?
  • Do you think the activity they discussed will reduce the inequality?
  • What might be needed to improve effectiveness by year 2025?
  • What would you recommend to the professional for improving effectiveness on elimination of social inequality?

Include some background on the way that the inequality affects health outcomes, including any relevant medical, social, etiologic, and epidemiologic information; a detailed description of the agency, its activities, goals, and operational structure; and the professionals’ thinking on its relevance to other health outcomes.

The Role Of An Athletic Director

Assignment 2

Please read ALL directions below before starting your assignment. You may find it helpful to print a copy and cross off or highlight as you complete each expectation. Good luck!

HRMN300 Assignment 2 – Summer 2021

 

INSTRUCTIONS:

 

· Please submit your assignment as an attachment in your assignments folder.

· Your assignment cannot be accepted via messages or email.

· You must submit to the assignment link by the due date stated in the syllabus for credit. A missing assignment will be assigned a 0.

· Respond to all three questions below on a new, blank word processing document (such as MS Word).

· Develop each answer to the fullest extent possible, discussing the nuances of each topic and presenting your arguments logically.

· In addition, include citations from the class content resources in weeks 1-6 to support your arguments.

· Each answer should be robust and developed in-depth.

· You are expected to demonstrate critical thinking skills as well as an understanding of the issues identified. Some questions may also require personal reflection and practical application Your responses will be evaluated for content as well as grammar and punctuation.

· All writing must be your original work. PLEASE do not copy or quote anything. Sources are just that, a reference. Once you locate the information, read and interpret the data. What does it mean to you? Type your own thoughts and own words. Then, include in-text citations to support your ideas. This is not a research paper.

FORMAT:

· Include a Cover Page with Name, Date, and Title of Assignment. o Do not include the original question, only the question number.

· Each response should be written in complete sentences, doublespaced and spell-checked. Use 12-point Times New Roman font with 1-inch margins on all sides. Include page numbers according to APA formatting guidelines.

· In addition, you will want to include citations in APA format at the end of each answer. Include a minimum of 3 references for each answer. References must be from class materials.

 

 

Question 1:

A) Mentoring and coaching are two different types of relationships used to develop employees. Discuss (compare and contrast) the roles of mentor and coach. How are they similar? How are they different? How are they relevant to the career development process? Do you believe these programs should be formal or informal and why?

B) Discuss your experience with or observation of coaching and mentoring. How does your organization use coaching and mentoring programs to support the talent management strategy? Did you (or would you) find them effective in helping you achieve your career goals? How so?

Question 2:

A) Imagine that you are preparing for your first performance feedback session with your employee. You want the session to be effective for the employee, so he/she will have the motivation and knowledge to improve performance. You also want to provide a valid, accurate evaluation of the employee’s performance.

· What are the steps that you would take to prepare for the session?

· What sources of data would you consider?

· Finally, outline how you would conduct the feedback and evaluation.

B) Assume the role of the employee. How would you need to prepare for your performance evaluation meeting? How would you prepare yourself to respond to any negative or constructive feedback?

 

 

Question 3:

A) Define and discuss in detail the two types of sexual harassment found in the workplace. Your answer should include the actions employers can take to create a legal defense and the actions a person subject to this type of treatment or who witnesses these actions can take.

B) Evaluate the sexual harassment policies of your organization and the role of the human resource manager. How were these policies communicated? How were employees trained? Discuss three ideas to improve effectiveness in reducing cases of sexual harassment.

 

REFERENCES TO USE:

· Mahew (n.d)  The  Strategic  Role   of  HR  Managers

· Heathfield (2021).  The 3 New Roles of the Human Resources Professional

· Mohd (2011).  The Evolution of HR

· Lumen Learning (n.d).   The Changing Role of Strategic Human Resource Management   Retrieved from  https://courses.lumenlearning.com/principlesmanagement/chapter/16-2-the-changing-role-of-strategic-human-resource-management-in-principles-of-management/

· Lumen Learning (nd).  Purpose of Human Resource Management  Retrieved from  https://courses.lumenlearning.com/suny-principlesmanagement/chapter/purpose-of-human-resource-management/

· Lumen Learning (n.d).   Recruitment  Retrieved from  https://courses.lumenlearning.com/wmintrobusiness/chapter/reading-recruitment/

· Lumen Learning (n.d).   Selection and Placement Strategies  Retrieved from  https://courses.lumenlearning.com/principlesmanagement/chapter/16-4-effective-selection-and-placement-strategies/

· Juneja (n.d).  Human Resource Information System

· Heathfield (2021).  Human Resource Information System

· Brooks (2019).  How to Select Human Resources Information Technology

· Vulpen (n.d.)  14 HR Metrics Examples

· Schneider (2018).  11 HR Metrics every Manager Should Know

· Sullivan (2017).  Top 10 HR and TA Metrics

· Society for Human Resource Management (n.d.)  Understanding and Developing Organizational Culture

· Abreu (2014)  The Myriad Benefits of Diversity in the Workplace

· Leonard (2019)  Contemporary Issues faced by Human Resource Managers Today 

· The U.S. Equal Employment Opportunity Commission’s  “Overview of the U. S. Equal Employment Opportunity Commission”  (HTML) Retrieved from:  http://www.eeoc.gov/eeoc/index.cfm  (U.S. EEOC government Web site)

· The U.S. Equal Employment Opportunity Commission’s  “Laws Enforced by the EEOC”  Retrieved from   http://www.eeoc.gov/laws/statutes/index.cfm  (EEOC government Web site listing and describing laws enforced by EEOC)

· The U.S. Equal Employment Opportunity Commission’s  “Types of Discrimination”  Retrieved from  http://www.eeoc.gov/laws/types/index.cfm   (EEOC Web site)

· Heathfield (2021).  How to Demonstrate Respect in the Workplace

· Washington and Patrick (2018)  3 Requirements for a Diverse and Inclusive Culture

· Heathfield (2019).  3 Ways your Unconscious Bias affects your Workplace

· Lumen Learning (n.d).   Perception  Retrieved from https://courses.lumenlearning.com/principlesmanagement/chapter/2-3-perception/

· Lumen Learning (n.d).  The War for Talent  Retrieved from https://courses.lumenlearning.com/principlesmanagement/chapter/16-3-the-war-for-talent/

· Lumen Learning (n.d).  Globalization and Principles of Management  Retrieved from https://courses.lumenlearning.com/principlesmanagement/chapter/3-5-globalization-and-principles-of-management/

· Chapter 6 “ Compensation and Benefits “, we discuss how you compensate individuals through pay, benefits, vacation time, and other incentives.

· Chapter 7 “ Retention and Motivation “, discusses the talent management approach—that is, how you can retain the best employees through retention strategies and motivation techniques.

· Adhyatmika, Kynam, Tantia (2011) on Driving Employee Motivation through Compensation and Benefits Retrieved from:  http://www.slideshare.net/tantia90/compensation-benefit-presentation-final   (Short graphic slide presentation about compensation and benefits)

· Lumen Learning (n.d).  Motivating Employees  Retrieved from  https://courses.lumenlearning.com/principlesmanagement/chapter/chapter-14-motivating-employees/

· Lumen Learning (n.d).  Compensation  Retrieved from  https://courses.lumenlearning.com/boundless-business/chapter/compensation/

· Rice University (n.d).  Employee Compensation and Benefits  Retrieved from  https://opentextbc.ca/businessopenstax/chapter/employee-compensation-and-benefits/

· Lumen Learning (n.d).  Employee Compensation Incentive and Benefits Strategies  Retrieved from  https://courses.lumenlearning.com/suny-principlesmanagement/chapter/employee-compensation-incentive-and-benefits-strategies/

 

Training and Developmen

 

Managing Employee Performance

 

Employee Assessment

 

· Liraz (n.d) BizMove Business Guides:  “Employee Training and Development”  (HTML) Retrieved from:  http://www.bizmove.com/personnel/m4d.htm  (General discussion about training and development)

· Heathfield (2019)  “4 Ways to Make Training and Development Pay Off ”  (HTML)  http://humanresources.about.com/od/trainingtransfer/a/training_work.htm   (General article on how to make training work)

· Springer (2011) Academic Earth:   “Protecting Human Capital”  (YouTube) Retrieved from  http://www.youtube.com/watch?v=P-fgNdk99Vw  (Short video regarding making best use of employees)

· The Importance of  KSAs (Knowledge, Skills, and Abilities)”  (2009) Retrieved from  http://www.va.gov/JOBS/hiring/apply/ksa.asp 

· Juneja (n.d).  Career Development Overview

· Juneja (n.d).  Benefits of a Career Development System

· Heathfield (2021).  Steps to Create a Career Development Plan

· Heathfield (2021).  5 Tips to Improve your Career Development

· Heathfield (2019).   Lateral Move Provides a Career Path for an Employee

· Lucas (2019).  10 Things HR Departments Do to Help Their Employees Succeed

· Lucas (2019).  How to Provide Constructive Feedback to Develop Employee Skills

· Gendron (2016)  Employee Career Development is Good Business

· Gomez (2014).  How Career Development Programs Support Employee Retention

· Wroblewski (2020).  Distinction between Employee Development and Career Development

· Ferrazzi (2015).  7 Ways to Improve Employee Development Programs

· Conway (n.d).  Managers Guide to Creating an Employee Career Development Plan

· Compa (2014)  Collective Bargaining in the United States

· Bureau of Labor Statistics (2020).  Union  M embers  Summary  Retrieved from:  https://www.bls.gov/news.release/union2.nr0.htm

· Silverman (n.d).  “How Labor Unions Work”  (HTML) Retrieved from:  http://money.howstuffworks.com/labor-union.htm   (7 page article on labor unions)

· The U.S. Equal Employment Opportunity Commission’s  “Overview of the U. S. Equal Employment Opportunity Commission”  (HTML) Retrieved from:  http://www.eeoc.gov/eeoc/index.cfm  (U.S. EEOC government Web site)

· The U.S. Equal Employment Opportunity Commission’s  “Laws Enforced by the EEOC”  (HTML) Retrieved from:  http://www.eeoc.gov/laws/statutes/index.cfm   (EEOC Web site)

· The U.S. Equal Employment Opportunity Commission’s  “Types of Discrimination”  Retrieved from  http://www.eeoc.gov/laws/types/index.cfm   (EEOC Web site)

· View this YouTube on the History of Unions  History  of  Unions

· Lumen Learning (n.d).  U nderstanding  Communication  Retrieved from  https://courses.lumenlearning.com/principlesmanagement/chapter/12-2-understanding-communication

· Lumen Learning (n.d).  Work Behaviors  Retrieved from  https://courses.lumen-learning.com/principlesmanagement/chapter/2-6-work-behaviors/

· Wilkie (2020).  Today’s Young Worker is Stressed Out and Anxious

· Folz (2018).  What to say when Investigating Sexual Harassment Claims

· Wilkie (2020).   Just Because Your Workers Feel Loyal Doesn’t Mean They’ll Stay

· Wilkie (2018).   Top 10 Ways People Get Revenge at Work

· Heathfield (2021)  Progressive Discipline in the Workplace

· Heathfield (2021)  How to Deal with a Bully at Work

· Heathfield (2021)  Workplace Conflict Resolution

 Theory – CVD Cardio Vascular Disease

SOCW 6530 wk 8 peer responses

Respond to the blog posts of three colleagues in one or more of the following ways:

Share an insight from having read your colleague’s posting.

Validate an idea in your colleague’s post with your own experience.

MUST RESPOND TO EACH ONE SEPARATELY CITE EVERYTHING AND FULL REFERENCES

PEER 1: David Jones 

An Explanation of Potential Challenges for Evaluation During Your Field Education Experience

Evaluation occurs in different ways during the field education experience. I receive evaluation from my field instructor on my performance at the therapy office. I also evaluate the clients that I have interactions with while interning. Both of which can pose separate types of challenges. Receiving constructive criticism can be difficult for some. A potential challenge with receiving the evaluation. And criticism from my field instructor would be my inability to do so in a short period and apply it.

However, it is imperative to use this feedback to critique and affirm my own practice (Garthwait, 2017, p.36). A potential challenge that I face in my evaluation of the clients is that it may be difficult to measure outcomes in such a short amount of time. We only have 11 weeks in each semester to get involved in our client interventions and many of the circumstances require much longer than that.

An Explanation of Personal Action Plans You Might Take to Address Evaluation in Your Field Education Experience

I believe an action plan for the potential challenges faced with the evaluation from the instructor is to take notes on the information being shared and allow processing time. I write notes with questions to ensure I understand what is being said, and ask any questions I may have about improving my practice. As far as an action plan for the potential challenge of evaluating the clients, I can conduct a pre/post survey of the clients I was able to work with to see what they have learned and utilized from the class currently and again at the final weeks. I can also follow up with my field instructor after I stop interning. To see how influential I have been on them.

reference

Garthwait, C. L. (2017). The social work practicum: A guide and workbook for students (7th ed.). Upper Saddle River, NJ: Pearson.

PEER 2  Candise Mitchell

Sometimes complex social problems require complex interventions. And sometimes they respond well to simple interventions (Thyer, 2013). This simplicity also applies to social worker procedures and protocol. Being a social worker is not an easy task. It is easy to think that it consists of just talking to others. But the interventions, research. And paperwork can be more challenging than a defiant client. Within my internship I have learned a great deal regarding client care and interactions for with adults and couples regarding trauma, domestic violence, couples counseling, anger management. And self-care just to name a few. However, the challenges within my placement largely consisted of communication.

timesheets and monthly reports

There was a serious mix-up regarding timesheets and monthly reports. They were being completed but due to a lack of communication and direction. They were being sent to the wrong department. This caused a lot of tension between several departments regarding communication, time management. And organization skills. The fall through of communication was a major challenge that could have been avoided; however, it is important to understand that these challenges are teachable moments within internship placements. The paperwork has been completed and each department is happy. But moving forward I will not rely on the communication of others but conduct my own department check-ins. And communication to ensure that client cases are being reported properly.

Thyer, B. A. (2013). Evidence-based practice or evidence-guided practice: A rose by any other name would smell as sweet [Invited response to Gitterman & Knight’s “evidence-guided practice”]. Families in Society, 94(2), 79–84.

PEER 3 Seshna Ritchie

Reliable and valid standardized instruments, such as the geriatric depression scale. Are not commonly used by hospice social workers (Parker Oliver, Wittenberg-Lyles, Washington, & Sehrawat, 2009). Unlike the numeric pain scale or other tools for pain assessment supporting the nurses. Hospice social workers have not agreed upon ways to measure the psychosocial issues facing their clients. While some within the hospice social work community have developed standardized assessment tools –the Social Work Assessment Tool (Reese et al., 2006). Is one example–their adoption has been limited. The lack of standardized assessment often results in an unfocused intervention (Parker Oliver, et al., 2009).

hospice social workers

Unfocused interventions can leave hospice social workers with an ambiguous identity on the team. Unable to articulate their role in terms understood by the medical team members. And unable to determine the effectiveness of their work. And difficultly in evaluating the social work scope of work in hospice. At Infinity Hospice, data for the work social workers do are tracked through a metric system. Each time the social worker provides therapeutic emotional support. Or helps to connect the patient to community resources we document in our EMR system. The task completed. And update the metric which is measured in percentages 0-100%.

The social worker records and updates their percentages after each interaction. The issues with this type of measurement tool are that it does not fully capture the efforts done by the social worker as typically 100 is never reach by time of death. However. The company reports the data to Medicare to stay in compliance. Evaluation is done differently in hospice social work. And we do not complete individual evaluations but other documents. And records to measure outcomes overall as an interdisciplinary team that met the Plan of Care for the patient upon death or discharge.

Reference

Parker Oliver D, Wittenberg-Lyles E, Washington K, Sehrawat S. (2009). Social Work role in hospice pain management: A national survey. Journal of Social Work in End of Life and Palliative Care. 2009;5(1–2):61–74. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2814550/

Reese DJ, Raymer M, Orloff SF, Gerbino S, Valade R, Dawson S, et al. (2006). The Social Work Assessment Tool (SWAT) Journal of Social Work in End-of-Life and Palliative Care. 2006;2(2):65–95. [PubMed] [Google Scholar]

Application: Process Recordings

my internship is with  Jasmine Trangucci-clinical social worker in private practice

A process recording is a written tool field education experience students, field instructors, and faculty use to examine the dynamics of social work interactions in time. Process recordings can help in developing and refining interviewing and intervention skills. By conceptualizing and organizing ongoing activities with social work clients, you are able to clarify the purpose of interviews and interventions, identify personal and professional strengths and weaknesses, and improve self-awareness. The process recording is also a useful tool in exploring the interpersonal dynamics and values operating between you and the client system through an analysis of filtering the process used in recording a session.

For this Assignment, you will submit a process recording of your field education experiences specific to this week.

The Assignment (2–4 pages):

  • Provide a transcript of what happened during your field education experience, including a dialogue of interaction with a client.
  • Explain your interpretation of what occurred in the dialogue, including social work practice or theories, and explain how it might relate to evaluation covered this week.
  • Describe your reactions and/or any issues related to your interaction with a client during your field education experience.
  • Explain how you applied social work practice skills when performing the activities during your process recording.

By Day 7

Submit your Assignment.

Note: You should also share your process recordings with your field instructor during your individual supervision.

Note: Adherence to confidentiality is required in your process recordings. Do not include real names of clients, supervisors, or social workers with whom you may come into contact during your social work field education experience. Omit any personal identifiers when detailing the interaction with your social work clients.

Required Readings

Thyer, B. A. (2013). Evidence-based practice or evidence-guided practice: A rose by any other name would smell as sweet [Invited response to Gitterman & Knight’s “evidence-guided practice”]. Families in Society, 94(2), 79–84.

Wharton, T. C., & Bolland, K. A. (2012). Practitioner perspectives of evidence-based practice. Families in Society, 93(3), 157–164.

Process Recording

Today I met with the client and the client expressed that she was very depressed and  was experiencing severe mood swings. The client informed me that last month she increased her Lexapro  medication to 20 mg  which was done by her  last psychiatrist.   At the present time the client does not have a psychiatrist because once a year the psychiatrist rotate.  The client is very frustrated and has been dealing with depression from lack of sleep.

The client also expressed that she has been very dehydrated lately as she thinks her  lithium 1200 mg medication is causing her to be dehydrated. Client family is very concerned that it might be a side effect from the lithium medication. And client expressed to me that her father wanted her to move out but she has no place to go. She became very emotional and felt that her dad doesn’t love her. The client doesn’t have a father-daughter relationship with her dad. The client has not been happy for a long time and doesn’t know what it’s like to be happy.

relationships between variables

Research studies often compare variables, conditions, times. And/or groups of participants to evaluate relationships between variables or differences between groups or times. For example, if researchers are interested in knowing whether an intervention produces change in the desired direction. They will want to know whether the change is due to chance (statistical significance) or possibly due to the intervention. In this case, researchers could use a pre and post measurement of the same participants on the condition being treated, or they could compare a group of individuals who receive the intervention to a group that does not receive the intervention. Researchers could also compare two groups of individuals who receive different interventions. The rigor of the research design helps control for other factors that might account for the changes (e.g., time, conditions, group differences in other factors, etc.). To prepare for this Discussion, consider the concept of statistical significance.

By Day 5

Post your explanation of how the difference between statistical significance and the true importance (clinical significance) of the relationship between variables or the degree of difference between groups affect your practice decision making. Be sure to include an explanation of what statistical significance means. Include an example from a quantitative study that found statistically significant differences. Discuss whether the results of the study would—or should—influence your practice as a social worker. Please use the resources to support your answer.

Social workers

Social workers who utilize the solution-focused model are mindful of how their conversations with their clients, families, groups, or even community members facilitate their thinking about solutions. The client is always the “expert,” and therefore social workers ask questions to explore how the client perceives the problem and situation.

Social workers may use solution-focused questions such as the miracle question. For example, “Suppose you woke up one morning and by some miracle everything you ever wanted, everything good you could ever imagine for yourself, had actually happened—your life had turned out exactly the way you wanted it. What would be different in your life?” When clients are asked this, it forces them to reflect on what they want or would like to achieve. By projecting themselves into the future, clients are more likely to imagine what is possible rather than focusing on the past and their failures. This allows for the possibility of developing solutions.

In this Discussion, you apply the solution-focused model and solution-focused questions. You provide other solution-focused questions, similar to the miracle question that was provided for you.

Although the textbook provides actual examples of solution-focused questions, always think about your client—you may have to modify the question a bit to take into account the client’s age, cognitive and developmental stage, culture, etc., so that the question makes sense to the client.

To prepare:

  • Recall a case from your fieldwork experience to use for this Discussion.
  • Review and focus on pages 520–521 in your textbook.

By Day 3

Post:

  • In 1 to 2 sentences, briefly identify and describe the problem as perceived by the client, family, or group that you dealt with in your past fieldwork experience.
  • From the list of solution-focused questions on page 520 (e.g., exception questions, coping questions, scaling questions, and relationship questions), identify two different types of questions, and ask each question as if you were actually asking the questions to the client. (Remember, do not use the miracle question.)
    • Remember that the goal of these questions is to assist clients in identifying a solution
  • Explain how asking these two questions would help the client in coming up with the solution.
  • In 1 to 2 sentences, reflect and explain how asking these questions made you feel and perhaps how the client might feel.

 

Turner, F. J. (Ed.). (2017). Social work treatment: Interlocking theoretical approaches (6th ed.). New York, NY: Oxford University Press.

  • Chapter 35: Solution-Focused Theory (pp. 513–531)
  • Chapter 36: Task-Centered Social Work (pp. 532–552)

The problem-solving model

The problem-solving model was first laid out by Helen Perlman. Her seminal 1957 book, Social Casework: A Problem-Solving Process, described the problem-solving model and the 4Ps. Since then, other scholars and practitioners have expanded the problem-solving model and problem-solving therapy. At the heart of problem-solving model and problem-solving therapy is helping clients identify the problem and the goal, generating options, evaluating the options, and then implementing the plan.

Because models are blueprints and are not necessarily theories, it is common to use a model and then identify a theory to drive the conceptualization of the client’s problem, assessment, and interventions. Take, for example, the article by Westefeld and Heckman-Stone (2003). Note how the authors use a problem-solving model as the blueprint in identifying the steps when working with clients who have experienced sexual assault. On top of the problem-solving model, the authors employed crisis theory, as this theory applies to the trauma of going through sexual assault. Observe how, starting on page 229, the authors incorporated crisis theory to their problem-solving model.

In this Final Case Assignment, using the same case study that you chose in Week 2, you will use the problem-solving model AND a theory from the host of different theoretical orientations you have used for the case study.

You will prepare a PowerPoint presentation consisting of 11 to 12 slides, and you will use the Personal Capture function of Kaltura to record both audio and video of yourself presenting your PowerPoint presentation.

To prepare:

  • Review and focus on the case study that you chose in Week 2.
  • Review the problem-solving model, focusing on the five steps of the problem-solving model formulated by D’Zurilla on page 388 in the textbook.
  • In addition, review this article listed in the Learning Resources: Westefeld, J. S., & Heckman-Stone, C. (2003). The integrated problem-solving model of crisis intervention: Overview and application. The Counseling Psychologist, 31(2), 221–239. https://doi-org.ezp.waldenulibrary.org/10.1177/0011000002250638

By Day 7

PowerPoint presentation that addresses the following:

  • Identify the theoretical orientation you have selected to use.
  • Describe how you would assess the problem orientation of the client in your selected case study (i.e., how the client perceives the problem). Remember to keep the theoretical orientation in mind in this assessment stage.
  • Discuss the problem definition and formulation based on the theoretical orientation you have selected.
  • Identify and describe two solutions from all the solutions possible. Remember, some of these solutions should stem from the theoretical orientation you are utilizing.
  • Describe how you would implement the solution. Remember to keep the theoretical orientation in mind.
  • Describe the extent to which the client is able to mobilize the solutions for change.
  • Discuss how you would evaluate whether the outcome is achieved or not. Remember to keep the theoretical orientation in mind.
  • Evaluate how well the problem-solving model can be used for short-term treatment of this client.
  • Evaluate one merit and one limitation of using the problem-solving model for this case.

Your 11- to 12-slide PowerPoint presentation should follow these guidelines:

  • Each slide should be written using bullet points, meaning no long paragraphs of written text should be in the slides.
  • Include a brief narration for each slide (i.e., the narration takes the place of any written paragraphs, while the bullet points provide context and cues for the audience to follow along).
  • Record both audio and video for presentation.

Be sure to:

  • Identify and correctly reference the case study you have chosen.
  • Use literature to support your claims.
  • Use APA formatting and style.
  • Include the reference list on the last slide.
  • Speak clearly.
  • Dress professionally.

The Law of Union Security Agreements

The Law of Union Security Agreements

 

In this lesson, we will explain the differences between a closed-shop provision and union shop provision, agency shop provision, maintenance of membership provision, and dues check-off provision. You will be able to weigh the collective rights afforded by group strength and group goals versus individual rights and such concepts as voluntary unionism and individual choice. And lastly, we will distinguish the organization of a union in right-to-work and non-right-to-work states.

 

The area that I’d like to focus on, for purposes of our discussion, deals with the distinction between right-to-work states and non-right-to-work states and the practical issues that unions face in a right-to-work state. Now, as you’ve gleaned from the readings already, in a non-right-to-work state, ostensibly, employees are required to pay dues to the union, whether or not they’re happy with the union or if they even want to be a member of the union. In a right-to-work state, such as my home state of Arizona and in the other state that I practice, which is Texas, you are not compelled to be a member of the union, nor are you compelled to pay dues to the union.

 

Now the practical impact of that is that unions are going to be less forceful in those states because of money. One thing that unions are, just like all other entities or nonprofits– I do like the term nonprofit– is that the inflows have to equal the outflows from a business model standpoint. So you have to have as much coming in in dues and in revenue as you’re spending on union staff and on efforts to organize and overhead and expenses and electricity and the like. If you’re spending more on the overhead part than you are in receiving dues, the union is going to lose money. And it’s not a sustainable business model, for lack of a better word.

 

Now I can tell you that we represent a number of small unions in right-to-work states that are just large enough to collect dues and maybe pay for a union staff but are not have enough money to do much else than that. As a consequence, there becomes a point at which the numbers become so low that the quality of representation becomes very difficult for a small union to sustain in a right-to-work state.

 

Now, as we’ll learn in lesson 14, but as many of you have learned in other classes already, there has been efforts in recent years to pass federal legislation called EFCA, or the Employee Free Choice Act. Not to get too far into the weeds about EFCA, it has three major provisions, one of which dealt with Card Check. Under the Card Check provision of EFCA, if passed, unions could avoid having election, in the traditional sense that we have now under the National Labor Relations Act, and instead could collect cards. And if you had a sufficient number of cards signed by employees, the union would have to be recognized as the certified representative of the employees and thus have the obligation to bargain on behalf of the employees, and administer the contract, and pursue grievances, and the like.

 

Now candidly, as an attorney who practices in a right-to-work state, that was always the provision of EFCA which I thought was the least important, because it is quite conceivable, as a practical matter, that on a given day at work everybody gets mad at their boss. And they all decide to sign union authorization cards in a tizzy and turn them in. And then, all of a sudden, you have a union that’s in place that now represents all the employees.

 

However, things may calm down a few days later. And you end up with a situation where you now have a union. But maybe the people who signed the cards don’t want to pay dues. Thus, you have a situation– unions call it the free rider issue, which is you have a union that has these responsibilities and has these expenses. But the employees aren’t members and they’re not paying dues. And in a right-to-work state, that becomes a very big problem.

 

So that was always the provision of EFCA that I never thought was perhaps not even a very good idea from the standpoint of unions, but certainly for unions in right-to-work states was less important than the other two provisions of EFCA, in as much as in order to have a viable union in a right-to-work state, you have to have a solid core of people who are invested and are willing to pay dues. Maybe there’s a sufficient amount of peer pressure, not negative peer pressure, but real peer pressure, for people to pay dues in to the organization in order to keep it viable.

 

I can assure you, like where I practice, there are employers like that. You go to the major utilities. And you have all the lineman who are union members. There is peer pressure for people to pay dues and to be union members.

 

In the public sector, policemen, they pay union dues. It’s very difficult for a policeman to say, you know what, I’m not going to pay the union dues, when all of his colleagues are. And they all know who’s not paying. So it can be done. And it is being done in certain sectors.

 

But by and large, that is the critical part of a union in a right-to-work state, is to make sure you have sufficient interest in the people to actually pay dues to make it a viable union. If they are not interested in paying dues and being members, you neither have the financial wherewithal to have a correct union, and you certainly don’t have any leverage, as we talked about before, when it comes to negotiating a contract, if the employer knows that a very small percentage of the people are actually members. Thanks.

Indiana “The Right To Work For Less” State:

The man who is delivering the Republican response to the president’s State of the Union address is this guy– Republican governor from Indiana, Mitch Daniels. And the thing all Americans should know as they listen to his speech is that he’s a great multi-tasker. Because not only can he give a partisan response to the State of the Union, but he can also wage a war on working people at the same time.

On Monday, the Indiana state Senate passed legislation to turn their state into a so-called “right to work” state. That legislation is expected to pass the state House, and may be signed into a law soon by Governor Mitch Daniels. And from that point on, working people in Indiana are screwed.

So what exactly do right to work laws mean? Let’s take a look inside a factory. We’ll call it Tom’s Tractor Company. There’s 10 employees who work there. Let’s say a majority of them– six– decide that they’re going to form a union. Under the Wagner Act– also known as the National Labor Relations Act passed back in 1935, the FDR Administration– they have the right to do just that. A majority, they have a union.

Just like when I incorporated the tractor factory and got certain government protections against liability and tax benefits, the workers who unionize will get certain rights as well, like the right to collectively bargain with me– assuming that it’s my tractor factory. I don’t actually have one. Anyway– and once a majority votes to unionize, then in most states, all 10 workers at Tom’s Tractor Factory are now part of the union. All 10 workers get the benefits of the union, including better pay, better benefits, better working conditions. And all 10 workers also have an obligation to pay dues to keep that union functioning.

Dues, by the way, that these guys– these 10 workers– set by voting. They also vote for their leaders that they vote into office. It’s a democracy. And if a worker doesn’t want to be a part of the union, if he doesn’t want the better pay and benefits, then he has the absolute right to work anywhere else in the world except in Tom’s Tractor Company.

But right to work laws change all that. Under right to work laws, which came into existence in 1947 under the Taft-Hartley Act when it was passed by Republican House and Senate over the veto of President Harry Truman, when a majority of workers vote to join a union and the shop gets unionized, those who don’t want to pay union dues don’t have to– even though they get the benefits of all the bargaining and all the other work that the union does for them.

So those four employees at Tom’s Tractor Company who don’t want to pay for the union will still get the better pay and wages, but they don’t have to contribute a dime to it. What happens when that happens? Well, the union loses. It loses money. It loses people. The workers turn on each other until eventually the union collapses. And then, of course, wages go down, benefits are lost, and working conditions stink again.

This is exactly what’s played out in states that have so-called right to work laws, or as they should be called, right to work for less laws. Right now, there are 22 states that have right to work for less laws. Indiana would become the 23rd state. And here are the facts about these states, these right to work for less states.

On average, workers in the right to work for less states make $5,333 a year less than their counterparts in free bargaining states. 21% more people in the right to work for less states lack employee covered health insurance in the right to work for less states compared to the free bargaining states. Poverty is 2.3% higher in right to work for less states.

And looking at numbers from the Bureau of Labor Statistics, incidents of workplace deaths and injury are 51% higher in the right to work for less states than in states that don’t have the right to work for less laws. So basically, you have a right to work for less, a right to work without health care, a right to work in poverty, and a right to work in a dangerous environment thanks to laws like Mitch Daniel will probably be signing later this week that they call right to work.

And here’s what’s really troubling. Once Indiana passes this law, it’ll be the first state in this region– the manufacturing belt– to pass a right to work for less law. And this is where unions were born– actually up into Wisconsin as well. It’s becoming the place where unions are dying now. And as a result, the middle class is dying.

As this chart shows, as union membership has declined in America, so too has the middle class’s share of annual income. We need to put an end to this war on unions. Just recently in Wisconsin, we saw the power– actually let me just– this is unionization and wages. Notice a correlation? Just recently in Wisconsin, we saw the power of the labor movement when it fought back against Governor Scott Walker and collected over a million signatures to recall him from office.

We now need that same energy in Indiana, where Governor Mitch Daniels is a rising star in the Republican Party. And we need to turn him into the next Scott Walker. Unions are literally democracies in the workplace. And we have to save them if we want to restore a strong middle class to America.

Cecil B. DeMille’s Showdown! :

This is Cecil B. DeMille speaking to you from Hollywood. And I’m speaking to you now, not as a motion picture producer and director, but as a private citizen who believes that every American must have the right to earn a living for himself and his family, whether he belongs to a labor union or not. Today in more than half the states, unions have the legalized power to force a man to join them and support causes to which he may be conscientiously opposed.

Can you, as a responsible citizen, close your eyes to the fact that in your own state a man’s right to work can be taken away from him by the whim of a labor boss? Can you afford to leave such power in any hands?

Like most Americans, I work for a living. And I’m a member in good standing of one labor organization. I am also a member in bad standing of another labor organization. In 1944, because I refused to pay a $1 assessment to support a political stand to which I was opposed, I was suspended by that other union. As a result of that suspension, I lost my right to work in radio and television.

The loss of my radio job did not bankrupt me. But it woke me up with a terrible jolt to my responsibility and to your responsibility to work for legislation that will protect men and women to whom the loss of a job might mean disaster. In the near future, you are going to be faced with a showdown. This simple piece of paper will decide your fate. It may decree that some day you will be ordered to join a labor union, or give up your right to work, your means of support.

It is the admitted purpose of the big labor bosses to organize every wage earner and every salaried worker in this nation. That means you, no matter how you feel about it. And it can be done as long as we have compulsory unionism.

NARRATOR: And so the question of freedom for the individual, which in other times and other states has been kicked around as a political issue, is at last yours to decide. This is your once in a lifetime chance to declare that labor unions were made for man, not man for the unions. It is essential that you know the truth about this issue and the facts behind it.

First of all, it is true that compulsory unionism denies the rights of the individual. Of those employed in a union shop, many believe wholeheartedly in benefits they receive from the union. That is as it should be, for no one would, or for that matter could, deny these people the right to join the union if they want to.

But what of the men who do not consider the union beneficial? Here is the first instance of the rights of an individual being denied. For although such a wage earner does not agree with the policies of the particular union to which he is forced to pay dues, he does not have a choice. He must join or lose his job.

Now let’s look into the case of the union members themselves. They too can have their rights taken away from them. Suppose they object to some phase of union activity. If they do, there is very little they can do about it. Under the present circumstances, a union member must continue to pay his dues or lose his job. And so he has no really effective way of objecting to anything. The edicts simply come down from the union boss’s office, and the rank and file member is under pressure to support them.

Hence, congressional hearings have reviewed many of the evils which have grown up out of compulsory unionism, evils which blacken the good name of labor– defrauds and misuse of union funds, which are crimes against the union members themselves, forced to pay for activities they may be opposed to. And the violence, planned and carried out by paid henchmen. Such evils are in part the result of giving to the union boss the power to take away a man’s right to work, oppressing compulsory unionism with legal sanctions.

Any state which is expanding industrially is a prime target for those who wield the power of compulsory unionism, including corrupt union bosses and their racketeering associates. Not only does the wage earner suffer under compulsory unionism, but the general public as well. Farmers may find themselves forced to pay [INAUDIBLE] to the unions in order to transact business.

CECIL B. DEMILLE: Remember, these are not scenes written by a Hollywood script writer. These are true stories, just a few of many on record across the state. And here is something else to remember. Compulsory unionism can be outlawed without endangering the legitimate purpose of any labor organization.

What happens to unions, you may ask. What happens to unions and to the general wage structure when employees are no longer forced to join the labor unions or hold their jobs? Let’s look at the facts.

NARRATOR: 18 states already have guaranteed freedom for the wage earner. Workers are free to choose for themselves whether or not they want to join a union.

And in those states, according to the latest public figures, union membership voluntarily increased 192%, as compared to only 188% increase in other states. Unions have grown faster in states with voluntary unionism. Also in those states where union membership is now entirely voluntary, the hourly wage rates increased 21% from 1952 to 1956, as opposed to a smaller increase of 19% in the other states.

Department of Labor figures are conclusive. Wages increased at a faster rate in states with right to work laws. In the tumult and shouting that lies ahead, you will hear the voice of the union boss crying, unions must have security. What that statement really means is that the union boss must have security. He must be secure in his knowledge that no matter how he manipulates the union or its funds, his power will remain supreme.

When wage earners have the right to work whether or not they belong to a union, the union boss is returned to his proper place, serving his membership, providing the kind of good leadership which ensures security for a voluntary organization. Put this down on your list of truths when you consider the right to work amendment. This amendment will give back to the wage earner freedom from unscrupulous labor bosses.

The wage earner who benefits from dedicated leadership will support his union. Freedom of choice imposes responsibility for ethical action on the part of the working man, as well as on his leaders. If he benefits, he should join. But he must be the one who decides.

CECIL B. DEMILLE: Both the employer and the labor union may try to make you forget that the fight for guaranteed freedom of employment is a battle to protect the individual. That is you. To protect you from both of the favored interests. For under our present laws, both the employer and the union, bargaining in their own interests, can enter into a contract which violates your right to freedom of choice, a contract which can deny you the right to make up your own mind about whether or not you want to join a union.

This is the ultimate truth about the right to work. It is not against labor. It is not for management. It is for the worker caught between these two forces, who has no protection. It is for you. Under the right to work you, whether you see fit to join a union or not to join a union, you are guaranteed your freedom of choice.

Those of us who are in this fight welcome the support of business if business believes in the freedom of the individual. We welcome the support of labor unions if unions put the rights of their members as individuals before any other consideration.

Business Management Liability Scenario

Widget’s, Inc., a fictional company, has a flourishing lawncare business. The business has two full-time employees who have been with the company for five years. All employees are trained on using the lawn equipment. And have signed a waiver-of-liability contract limiting liability for the company. The owner, Brian, told his employees not to worry—that the company would protect them if they got hurt.

One employee, Lori, was on the job cutting a lawn. Lori was riding a mower, a Ferrari 2000. Which was three years old and in good working condition. The step-up on the mower had writing on it with a warning sticker to replace the sandpaper liner for traction every three due to normal wear and tear. It was replaced every three years. Lori stepped down off the rider, slipped because of moisture from the grass, and severed her pinky toe on the mower blade.

When she fell to the ground, the mower continued through the grass and proceeded by itself to cut and mulch a neighbor’s prize roses. Peta, the neighbor, was preparing for a rose competition with a potential grand prize of $10,000.

Write a 1–2 page paper answering the questions below. Remember to identify and explain the law and then justify your answers to the questions pursuant to the scenario:

  1. Pursuant to contract law, is the waiver of liability legal. And do Brian’s verbal assurances become part of the contract? Why or why not?
  2. Does Peta have a product liability case against the mower manufacturer Ferrari for a design defect. Manufacturing defect, or failure-to-warn defect?
  3. Does Lori have a claim for her injuries and can she recover pain. And suffering damages or worker’s compensation?

Note: A cover sheet is not required for this assignment, but please provide references from two reputable sources.

In addition to your textbook, you have access to Nexus Uni through the Strayer University Library. Please take advantage of this excellent legal resource!

The specific course learning outcome associated with this assignment is as follows:

  • Analyze the legal standing and situation of a specific business to achieve a defined result.

the requirements for a valid contract

500 Words