‘Entrepreneurs’ as Franchisees Essay Example for Free

‘Entrepreneurs’ as Franchisees Essay Franchisors are increasingly having to be more and more selective in the adoption of franchisees with factors such as economic climate and the potential difficulty with growth playing key factors in the decision making process. It is not simply an ability to grow which creates a successful Franchise and nor is it the desire of any franchisor to adopt every potential franchisee. Franchisors are becoming more and more scrutinising as the global economy declines. There is a general understanding within any franchised business, which is that one of the most desired traits of any franchisee is the ability to follow a set design People who buy franchises are not entrepreneurs, and they better know that going in, (Libava, 2012). Throughout, the difficulty of working with entrepreneurial franchisees will be analysed alongside what a Franchisor looks for in an ideal Franchisee in the context of someone seeking to enterprise a franchise; how these differ, how they are similar and what potential benefits or disadvantages this stance may create. The entrepreneurial process requires a great number of identification and opportunist methods in order to obtain the resources for their business and be deemed â€Å"entrepreneurial† (Shane, 2003). The use of these skills will be evaluated in the context of a franchise in order to understand why franchisors prefer not to take on entrepreneurs. Firstly, it is important to understand why franchisors must have certain barriers of entry to their franchise before we can fully question their likeliness to take on entrepreneurs. Franchisees seek to join a Franchise due to the ease of starting a business; Suppliers are already established, store layout is already set, uniforms already designed customers already familiar with the brand and so on. The sole reason this is set out already is because it has been tried and tested (in most cases) over time, and most likely by a number of other Franchisees. Since all the Franchisees have built this brand image up since the off, it is integral to protect this brand image as any impairment to one franchisee could cause the public to â€Å"tar† the whole franchise â€Å"with the same brush†. However, the extent to their high expectations of potential franchisees has a tendency to vary with each scale of franchise. A well-established franchise has a lot to protect and therefore is likely to resist the urge to take on an enterprising franchisee, seeing them as â€Å"high risk†. Alternatively, the opposite can also be said as it is likely to promote the business more with greater levels of feedback, new prospects and innovative ideas (Diebold 1990). From one perspective, there are many reasons why certain franchisors would avoid accepting entrepreneurial Franchisees into their Franchise. Entrepreneurial businessmen and women are often stereotyped as the innovators; someone who pushes the boundaries of the known worlda change agent who is relentless in making things happen and bringing ideas to execution (Entrepreneur.com). This means that their skills best lie in the development of new ideas, improvement of old ways and generally the identification of modern concepts and techniques. In the eyes of a potential franchisor this has many foreboding difficulties should they decide to accept the franchising agreement. Firstly, a franchise is a tried and tested model which has proven to be a mostly profitable and successful enterprise of its own with a large quantity of time, effort and money used to perfect the foundations of the franchise. Therefore should a franchisee wish to try and change these perfected techniques, not only does it risk the chance of failure and therefore damaging the brand as a whole, but also the arrogant â€Å"I know better† attitude contradicts the very concept of a franchise. Libava defines this concept as using a â€Å"franchise company’s trademarks, systems, signage, software, and other proprietary tools and systems in accordance with the guidelines set forth in the franchise contract† to an â€Å"Identified System† (Libava 2012). Taking on board the enterprising ideas the franchisee puts across would essentially be the franchisor wasting effort and money in the perfecting of their pre-set method. This is especially the case with larger, more established franchises such as Subway and McDonalds, whereby every task is responded to in a set way and is quantified to the smallest factor. An example of this is when changing the uniform at McDonalds in 2012, it cost over  £1.52 million in the UK alone due to the vast number of employees (Weiss 2012). From cleaning the floors to dealing with food complaints, even the smallest change in the franchisors technique requires a great amount of communication and control, but is also a timely and therefore costly exercise. This then reflects the reluctant attitude to established Franchises when considering the great cost and risk involved in the context of someone entrepreneurial. The franchise already has the fine details of the business set into its own convention; entrepreneurial individuals only cause a constant battle with the franchisor due to the desire for change and sometimes, change for change’s sake. However, although in the established franchise context this statement may be true, it is not always the case. Start-up, less established and more innovative franchises are much more likely to be open for suggestion and more interested in taking on entrepreneurs into their franchise. The same can be said for franchises in need of innovation to survive. With everyday names such as HMV and Woolworths going into administration, amplification of a USP and innovation has become a necessary act for survival. Even the slightest differentiation could mean the difference between consumers buying with you or a competitor; Domino’s Pizza is a good example of this. Since the almost-global economic recession of 2008, survival has been integral to any business model, franchise or otherwise. As a result of this, Domino’s has allowed one of its more entrepreneurial franchisee’s to trial and as a result implemented â€Å"Bread Bowl† and â€Å"Pasta† dishes onto their menu with great success (Wilson 2012). The same can be said of WSI, an internet marketing franchise, whereby 90% of the products and services have come from the franchisee’s themselves to â€Å"ensure that [they] are offering the latest and best internet marketing processes to end clients that deliver results† (McArthur 2012). This shows how, it is not only the economic factors that play to a franchisors’ decision making, but also the type of franchise that they are operating. The online marketplace is a raw marketplace where each business is instantly comparable to their competitors and just as easily undercut; therefore, an innovative franchisee is more desirable than the traditional replicable franchisee as they are able to create differentiation potentially more valuable than price. In addition to this, it is also useful to look at the financial success of large and small franchises to gain a better understanding as to why some seek entrepreneurs and others don’t. An â€Å"Innovation vs. Replication† report compared the financial performance of 500 firms varying in size and found that small businesses with business models centred on low levels of replication and high innovation, showed more growth than models with high levels of replication. Additionally, they also found that large businesses with only high levels of innovation and low levels of replication had a lower average financial position (Aspara 2009). This reflects how statistically it would work against the favour of a large franchise to adopt innovative entrepreneurs, whilst also presenting a counter-point portraying enterprising individuals as promoters for growth and financial stability for smaller franchises. This isn’t always the case though, presented in the franchise Krispy Kreme with its â€Å"boom† stage in the early 2000’s. Being a rapidly growing donut franchise it had entrepreneurs from around the world wanting to become part of this international business. However, due to the lack of care when choosing franchisees and with growth as their only concern, issues with proximity caused cannibalising sales as a result of capitalising their own popularity (Morebusiness.com 2010). Pulling these points together, there are many clear reasons why a franchisor would be hesitant to take on an entrepreneur. Taking on a â€Å"If it’s not broke don’t fix it† attitude emphasises the safety in the tried and tested method of replication. Franchises with a set convention are likely to take a â€Å"sure-bet† rather than a â€Å"risk†, due to knowledge that the model works fine the way it is, proven by their own and other franchisees. That is not to say that what works for one franchising model is the same for all (Francis 2010). Both economic and business models play key factors into how enterprising a franchise may or may not choose to be. Some franchises such as WSI rely on entrepreneurial franchisees for the very success of their business and remain an integral part of their franchise model. Within the report of innovation and replication it found that the most financially successful businesses were large scale firms with high levels of innovation and replication (Aspara 2009) showing how there is room for improvement in any business. â€Å"Staying consistent on the core components of your business doesnt mean the products you sell, or even the way you deliver them, have to stay the same† (FranchiseDirect.com) However, replication in a franchise builds the foundations of what has already been industry certified and therefore proven to work. Entrepreneurs are most useful in a franchise when the need for innovation is high, such as start-up franchises and times of economic instability where differentiation is needed to survive. As a franchise grows, the structure becomes more and more rigid and therefore more difficult and less susceptible to change as the cost of doing so outweighs the potential benefits. Perhaps it is the case that most franchisors are less likely to take on an entrepreneur as a franchisee, using their own sources of research and development. However, not every franchise has the capital to operate their own entrepreneurial department and therefore is much more likely to opt for enterprising franchisees to enable their franchise to grow. Reference List Aspara et al, J A, 2009. Innovation vs. Replication. Business model innovation vs. replication: Financial performance implications of strategic emphases. 1, 6,7 Diebold, J. D, 1990. The Innovators: The Discoveries, Inventions, and Breakthroughs of Our Time. 1st ed. New York: Plume. Entrepreneur.com 2013. Innovators | Entrepreneur.com. 2013. [ONLINE] Available at: http://www.entrepreneur.com/innovators/index.html. [Accessed 24 January 2013]. Francis K.A. Demand Media. 2010. Innovation Vs. Replication in Franchises. [ONLINE] Available at: http://smallbusiness.chron.com/innovation-vs-replication-franchises-198.html. [Accessed 23 January 13]. Libava 2012, The Top Traits of Successful Franchise Owners | Entrepreneur.com. 2013. [ONLINE] Available at: http://www.entrepreneur.com/article/224016. [Accessed 23 January 2013]. Also see Definition Of A Franchise. 2013 [ONLINE] Available at: http://www.thefranchiseking.com/definition-of-a-franchise. [Accessed 24 January 2013] McArthur, R M, 2012. President of WSI Internet Marketing Franchise. Can Franchising and Innovation Go Hand in Hand? (See Wilson 2012) MoreBusiness.com. 2013 . Learning from the Franchising Mistakes of Failed Krispy Kreme | MoreBusiness.com. [ONLINE] Available at: http://www.morebusiness.com/franchise-risks. [Accessed 23 January 2013]. Shane, S.A , 2003. A General Theory Of Entrepreneurship: The

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The Rise, the Fall, and the Climbing: The Native American Experience Education: â€Å"the act or process of imparting or acquiring general knowledge, developing the powers of reasoning and judgment, and generally of preparing oneself or others intellectually for mature life.† Such a term has different applications to various societies and cultures. The typical ego-centric viewpoint of Western education: textbooks, institutions, curriculums, and degrees overshadow the broader sense of this definition. Education captures a wider lens of more than just standardized test scores and the classroom; but interwoven tapestries of ancestral roots, cultural heritage awareness, and life lessons well-learned and passed on to the next generation of Native American boys and girls. To begin with, the branding of ‘gender inequality’ was inapplicable to men and women in various Aboriginal tribes. In fact, they could be described as a kinship with mutual contribution and expectance. Men were responsible for hunting and defense; therefore they were public representatives of their tribes. Women, on the other hand, functioned as the ‘backbone’ of the community, owning the family’s housing and household goods, farming and gathering of foodstuffs, and even serving as members of the counsel in political matters. Such opportunities and skills were passed down to their offspring, who would be raised as productive members in their collectivist society with a strong cultural heritage and confidence in their identity that promised self-efficacy among the sexes. This leads us to the most important role that both genders shared: instruction and education. Again, setting aside our own view of education, both men and women served as ‘teachers’, or storytellers; orally... ...ircle and there's nothing you can do about it† (Alexie 163). The reused books, the recycled mentality-it is all a harsh cycle that most Native Americans at present feel â€Å"there’s nothing you can do about it.† Taking a retrospective look into the differences in females and males, we find that women have proven to be leaders, both before and after assimilation. But even at present, Native American women are the high-profiled victims of physical and sexual abuse, addiction, and pregnancies. Yet, they fuel their hope and future through education: adopting the Western view and reconnecting with their own cultural foundation. Men, also in the frame of Alexie, struggle among the disparaging HUD homes, the painfully accessible bottle, and failure, but if there is a word that will conclude the rise, the fall, and the climbing of the Native Americans, resiliency is the word.

Reardon v. U.S. Essay

Lien on real property created by CERCLA when Environmental Protection Agency (EPA) determines that property owners may be liable for cleanup costs amounts to deprivation of a significant property interest within meaning of the due process clause. Comprehensive Environmental Response, Compensation, and Liability Act of 1980,  § 107(l ), as amended, 42 U.S.C.A.  § 9607(l ); U.S.C.A. Const.Amend. 5. Absence of notice and hearing may be justified by exigent circumstances. U.S.C.A. Const.Amend. 5. 92k251.5 k. Procedural Due Process in General. Most Cited Cases Constitution allows the process due to be tailored to fit realities of the situation. U.S.C.A. Const.Amend. 5. *1510 Lynn Wright, with whom Robin F. Price and Edwards and Angell, New York City, were on supplemental brief, for plaintiffs, appellants. George W. Van Cleve, Deputy Asst. Atty. Gen., with whom Barry Hartman, Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., George B. Henderson, II, Asst. U.S. Atty., Boston, Mass., Stephen L. Samuels, Steve C. Gold, Jacques B. Gelin, Attys., Dept. of Justice, Charles Openschowski, Office of Gen. Counsel, E.P.A. and Luis Rodriguez, Asst. Regional Counsel, E.P.A., Washington, D.C., were on supplemental brief, for defendants, appellees. OPINION EN BANC TORRUELLA, Circuit Judge. After removing hazardous substances from property belonging to the Reardons, EPA filed a notice of lien on the property for the amount spent. See 42 U.S.C.  § 9607(l ). The Reardons sued to have the notice of lien removed, arguing that they were not liable for the cleanup costs, that the lien was  overextensive in that it covered parcels not involved in the clean-up, and that the filing of the lien notice without a hearing deprived them of property without due process. The district court, in Reardon v. United States, 731 F.Supp. 558 (D.Mass.1990), decided that it did not have jurisdiction to hear the Reardons’ two statutory claims. It ruled that although jurisdiction existed to hear the constitutional claim, the filing of a lien did not amount to a taking of a significant property interest protected by the due process clause. It therefore denied the Reardons’ motion for a preliminary injunction, and dismissed their complaint. The Reardons appealed and a panel of this court ruled in their favor on statutory grounds. Reardon v. United States, 922 F.2d 28 (1st Cir.1990) (withdrawn). We now consider the appeal en banc. After closely considering applicable law, including most notably the recent case of Connecticut v. Doehr, 501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991), we conclude that the district court correctly decided that it did not have jurisdiction to consider the Reardons’ statutory claims, but we find that the CERCLA lien provisions do violate the fifth amendment due process clause. I. BACKGROUND A. Facts. In 1979, Paul and John Reardon purchased a 16-acre parcel in Norwood, Massachusetts, adjacent to an electric equipment manufacturing plant site *1511 known as the â€Å"Grant Gear† site, and named it â€Å"Kerry Place.† In 1983, the Massachusetts Department of Environmental Quality Engineering, responding to a report of a nearby resident, tested soil samples from both properties and discovered extremely high levels of polychlorinated biphenyls (â€Å"PCBs†) on the Grant Gear site and on Kerry Place where it bordered Grant Gear. EPA then investigated the site. Finding the same high levels of PCBs, it authorized an immediate clean-up of the contaminated areas. Between June 25 and August 1, 1983, EPA removed 518 tons of contaminated soil from the two properties. It then notified the Reardons that it had removed all soil with concentrations of PCBs known to be above the safe limit, but informed them that additional areas of contamination might exist, in whi ch case EPA might undertake additional clean-up work. In 1984, the Reardons subdivided Kerry Place into a number of parcels; they sold five of those parcels and retained ownership of the others. In October 1985, EPA notified the Reardons that, as current owners of Kerry Place, they might be liable under  §Ã‚ § 106  and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (â€Å"CERCLA†), 42 U.S.C.  §Ã‚ § 9606 & 9607, along with ten other present and prior owners of the properties, for the clean-up costs. In August 1987, EPA again investigated the properties to assess the feasibility of a long-term remedy for any remaining contamination. New testing showed that soil in several areas on Kerry Place was still contaminated with PCBs. In April 1988, EPA informed the Reardons of these results. The Reardons told EPA that they intended to clean up their property themselves. EPA advised the Reardons to coordinate any offsite disposal plans with EPA and to obtain EPA’s approval of a treatment or disposal facility. In January 1989, the Reardons informed EPA that they had completed their own clean-up of Kerry Place, without having attempted coordination with or sought the approval of EPA. On March 23, 1989, EPA filed a notice of lien with the Norfolk County Registry of Deeds pursuant to  § 107(l ) of CERCLA, 42 U.S.C.  § 9607(l ), on all of the Kerry Place parcels still owned by the Reardons. The lien was for an unspecified amount, as it secured payment of â€Å"all costs and damages covered by† 42 U.S.C.  § 9607(l ) for which the Reardons were liable under  § 107(a) of CERCLA, 42 U.S.C.  § 9607(a). Five days later, EPA notified the Reardons that it had filed the notice of lien. On July 12, 1989, EPA informed the Reardons that they could settle EPA’s claims against them for $336,709, but noted that this amount did not limit the Reardons’ potential liability. On September 29, 1989, EPA selected a long-term remedy for the Kerry Place and Grant Gear sites estimated to cost $16,100,000. B. Procedural History. The Reardons filed a complaint and a motion for preliminary injunction in the United States District Court for the District of Massachusetts. They argued that they were entitled to have the notice of lien removed for three reasons. First, the Reardons maintained that they qualified as â€Å"innocent landowners† under  § 107(b) of CERCLA, 42 U.S.C.  § 9607(b), and therefore were not liable for any clean-up costs. Second, 42 U.S.C.  § 9607(l ) provides for a lien on only that property â€Å"subject to or affected by a removal or remedial action,† 42 U.S.C.  § 9607(l )(1)(B); the Reardons claim that since some of their Kerry Place parcels were not â€Å"subject to or affected by† the clean-up, EPA erred in filing a notice of lien covering all of those parcels. Third, they asserted that EPA’s imposition of the lien without a hearing violated the due process clause of  the fifth amendment to the United States Constitution. The district court held that  § 113(h) of CERCLA, 42 U.S.C.  § 9613(h), divested it of jurisdiction to hear the Reardons’ â€Å"innocent landowner† and â€Å"overbroad lien† claims. It found that the same section also purported to divest it of jurisdiction to hear the due process claim, but held that Congress was without power to place such a limitation on its jurisdiction. Turning to the merits of the due process claim, the *1512 district court held that the lien imposed by  § 107(l ) did not amount to a taking of a â€Å"significant property interest† protected by the due process clause. The court therefore denied the motion for a preliminary injunction and dismissed the complaint. The Reardons appealed, and a panel of this court found in their favor. The panel opinion construed  § 9613(h) so as to permit judicial review of the statutory challenges to the lien, and did not reach the due process issue. In response to EPA’s petition for rehearing, however, a majority of the court voted to grant a rehearing en banc. Although the court en banc finds for the plaintiffs, as did the panel, we do so on constitutional rather than statutory grounds. II. JURISDICTION [1] We turn first to the question of jurisdiction. The district court, as we have noted, held that 42 U.S.C.  § 9613(h) purported to divest it of jurisdiction over all three of the Reardons’ claims. We agree that  § 9613(h) bars review of the â€Å"innocent landowner† and â€Å"overbroad lien† claims, prior to the commencement of an enforcement or recovery action, but we conclude that this section does not bar review of the due process claim. Section 9613(h), entitled â€Å"Timing of review,† explicitly limits the jurisdiction of the federal courts to hear certain cases arising under CERCLA. The section states, in part: No federal court shall have jurisdiction under Federal law †¦ to review any challenges to removal or remedial action selected under section 9604 of this title, or to review any order issued under section 9606(a) of this title, in any action except one of the following: [listing 5 enumerated types of actions] 42 U.S.C.  § 9613(h). The five exceptions to the jurisdictional bar are all actions filed by the government or by a private citizen seeking to enforce or recover costs for the enforcement of CERCLA; for this reason, the district court described  § 9613(h) as barring â€Å"judicial review of EPA actions prior to the time that the EPA or a third  party undertakes a legal action to enforce an order or to seek recovery of costs for the cleanup of a hazardous waste site.† Reardon v. United States, 731 F.Supp. at 564 n. 8. As a convenient shorthand, we will say that  § 9613(h) bars â€Å"pre-enforcement review† of certain claims. The district court framed the question of jurisdiction as whether the filing of a lien constituted a â€Å"removal or remedial action selected under section 9604 of this title.† As the district court noted, the terms â€Å"removal† and â€Å"remedial action† are defined terms under the CERCLA statute. 42 U.S.C.  §Ã‚ § 9601(23), (24). Another C ERCLA provision says that these terms â€Å"include enforcement activities related thereto.† 42 U.S.C.  § 9601(25) (emphasis added). The court found that placing a lien on property from which hazardous substances had been removed was a type of enforcement activity. It therefore concluded that any challenge the Reardons could make, whether statutory or constitutional, was a â€Å"challenge[ ] to [a] removal or remedial action† over which Congress intended it not to have jurisdiction unless and until EPA brought an enforcement action. Reardon v. United States, 731 F.Supp. at 569. A. Jurisdiction over the â€Å"innocent landowner† and â€Å"overbroad lien† claims. We agree with the district court that filing a lien notice is a type of â€Å"enforcement activity† related to a removal or remedial action. And we agree that  § 9613(h) bars the federal courts from hearing pre-enforcement challenges to the merits of any particular lien–challenges, for example, to the liability which a lien secures, or to the conformity of that lien to the CERCLA lien provisions. Several considerations l ead to these conclusions. First, we think that the language of the statute, read for its ordinary meaning, supports such an interpretation. Central to the entire CERCLA scheme is a provision that makes certain parties liable for the cost of removal and remedial actions. See 42 U.S.C.  § 9607(a). When the government files a lien on property to secure payment of that liability, it can reasonably be described as seeking to enforce the liability *1513 provision. Thus, the activity of filing liens is, in ordinary language, an â€Å"enforcement activity.† Second, we believe that allowing challenges to the merits of particular liens would defeat some of the purposes of barring pre-enforcement review under  § 9613(h). Congress was no doubt concerned, first and foremost, that clean-up of substances that endanger public health would be delayed if EPA were forced to litigate each detail of its removal  and remedial plans before implementing them. Thus, the Senate Judiciary Committee Report stated that  § 9613(h) barred pre-enforcement review because such review would be a significant obstacle to the implementation of response actions and the use of administrative orders. Pre-enforcement review would lead to considerable delay in providing cleanups, would increase response costs, and would discourage settlement and voluntary cleanups. S.Rep. No. 11, 99th Cong., 1st Sess. 58 (1985). As long as the remedy upon review of a lien was limited to the invalidation or modification of the lien, of course, such review would not directly delay clean-up of hazardous substances. However, we do not believe that avoiding delay was the only purpose of postponing review. As the Fifth Circuit stated in a similar case: Although review in the case at hand would not delay actual cleanup of hazardous wastes, it would force the EPA–against the wishes of Congress–to engage in â€Å"piecemeal† litigation and use its resources to protect its rights to recover from any [potentially responsible party] filing such a[n] action. . . . . . Moreover, the crazy-quilt litigation that could result from allowing [potentially responsible parties] to file declaratory judgment actions prior to the initiation of government cost recovery actions could force the EPA to confront inconsistent results. Voluntary Purchasing Groups, Inc. v. Reilly, 889 F.2d 1380, 1390 (5th Cir.1989). The same practical considerations weigh against allowing pre-enforcement review in this case. And we add to these reasons one more: information needed to decide legal challenges to liens may not be available at the time such challenges are made. To decide, for example, the Reardons’ claim that they are innocent landowners, a court must determine whether the contamination pre-dated their ownership; whether they had any knowledge or reason to know of the contamination; whether they had exercised due care with respect to the hazardous substances; and whether they took precautions to prevent releases by foreseeable acts of third parties. See 42 U.S.C.  § 9607(a), (b)(3), EPA Supplemental Brief, at 16-17 (stressing complexity of resolving innocent landowner claim). Notices of liens are likely to be filed early in the history of a response action–shortly after EPA has begun to spend money on waste removal and the  landowner has been notified of potential responsibility. See 42 U.S.C.  § 9607(l ) (providing for creation and filing of liens). At that point, EPA is likely not yet to know the full extent of the contamination, let alone when that contamination occurred, or whether it is likely that the owner exercised due care or took reasonable precautions. One purpose of  § 9613(h), we believe, is to delay review until enough is known to decide these issues. Third, legislative history supports the view that  § 9613(h) is intended to bar challenges to liability, such as the Reardons seek to make by attacking the lien filing, as well as challenges to the remedy EPA has chosen. During floor debate on this section, Senator Thurmond, Chairman of the Judiciary Committee, which drafted the section, explained: Citizens, including potentially responsible parties, cannot seek review of the response action or their potential liability for a response action –other than in a suit for contribution–unless the suit falls within one of the categories in this section†¦. 132 Cong.Rec. S14929 (daily ed. Oct. 3, 1986) (emphasis added). Senator Stafford, *1514 Chairman of the Conference Committee, stated: â€Å"When the essence of a lawsuit involves the contesting [of] the liability of the plaintiff for cleanup costs, the courts are to apply the provisions of section 113(h), delaying such challenges until the Government has filed a suit.† 132 Cong.Rec. S14898 (daily ed. Oct. 3, 1986) (emphasis added). It is certainly possible that Congress inadvertently rather than purposefully included lien challenges in the judicial review bar. Congress amended the scope of â€Å"removal† and â€Å"remedial† actions to include â€Å"enforcement activities related thereto† primarily to ensure that EPA could â€Å"recover costs for enforcement actions taken against responsible parties.† H.R.Rep. No. 253(I), 99th Cong., 2d Sess. 66-67, reprinted in 1986 U.S.Code Cong. & Admin.News 2835, 2848-49; see H.R.Conf.Rep. No. 962, 99th Cong., 2d Sess. 185, reprinted in 1986 U.S.Code Cong. & Admin.News 3276, 3278 (â€Å"This amendment clarifies and confirms that [enforcement activity] costs are recoverable from responsible parties.†). Perhaps Congress did not realize that other provisions referring to removal and remedial actions–such as the judicial review bar–would also be affected. But even if this were so, we do not see how our conclusion is altered. First, as outlined above, reading the statute to bar review of pre- enforcement challenges to liens is consistent with the language and the purpose of the judicial bar. Second, and more importantly,  Congress amended a definitional section, thus changing the meaning of â€Å"removal† and â€Å"remedial† wherever they appear in CERCLA. We cannot give the definition inconsistent readings within the statute. As the above-quoted legislative history makes clear, the 1986 amendment was certainly intended to allow the government to collect attorney’s fees in cost recovery actions. See United States v. Ottati & Goss, 694 F.Supp. 977, 997 (D.N.H.1988) (allowing attorney’s fees to United States under  § 9607(a)(4)(A)), aff’d in part, vacated in part, 900 F.2d 429 (1st Cir.1990). If liens to ensure the government’s complete recovery of its remedial costs are not â€Å"enforcement activities† related to the removal or remedial action–the view suggested by the dissent–then we do not see how a suit to recover the government’s clean up costs is an â€Å"enforcement activit[y]† either. And if â€Å"enforcement activities† in  § 9601(25) is interpreted to exclude the expenses of cost recovery actions, this would have the effect of denying the government significant amounts of attorney’s fees– which was certainly not the intent of Congress. We therefore conclude, as did the district court, that  § 9613(h) precludes judicial review of the imposition of a lien until EPA commences an enforcement action. [2] B. Jurisdiction over the due process claim. Unlike the district court, however, we do not believe that  § 9613(h) precludes federal court jurisdiction over the Reardons’ due process claim. First, such a challenge does not fit into the literal language of  § 9613(h). That section refers to â€Å"challenges to removal or remedial action selected under section 9604 of this title.† Under our reading, it divests federal courts of jurisdiction over challenges to EPA’s administration of the statute–claims that EPA did not â€Å"select[ ] † the proper â€Å"removal or remedial action,† in light of the standards and constraints established by the CERCLA statutes. The Reardons’ due process claim is not a challenge to the way in which EPA is administering the statute; it does not concern the merits of any particular removal or remedial action. Rather, it is a challenge to the CERCLA statute itself–to a statutory scheme under which the government is authorized to file lien notices without any hearing on the validity of the lien. Second, we read  § 9613(h) in light of the Supreme Court’s oft-repeated pronouncement that â€Å"where Congress intends to preclude judicial review of constitutional  claims its intent to do so must be clear.† Webster v. Doe, 486 U.S. 592, 603, 108 S.Ct. 2047, 2053-54, 100 L.Ed.2d 632 (1988); see Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975); *1515 Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974). [FN1] We do not believe that the statute expresses a clear congressional intent to preclude the type of constitutional claim the Reardons are making–a challenge to several statutory provisions which form part of CERCLA. However, it is important to make clear that we are not holding that all constitutional challenges involving CERCLA fall outside the scope of  § 9613(h). A constitutional challenge to EPA administration of the statute may be subject to  § 9613(h)’s strictures. Such a claim may well be a â€Å"challenge[ ] to removal or remedial action selected under section 9604 of this title,† and may thus fall within  § 9613(h)’s bar. We find only that a constitutional challenge to the CERCLA statute is not covered by  § 9613(h). FN1. Of course,  § 9613(h) is styled as a provision that merely delays review, rather than precludes it–indeed, it is titled â€Å"Timing of review.† However, the only available review of the lien notice is in an enforcement action brought by EPA; and the judgment in that enforcement action will render moot the Reardons’ due-process-based request for injunctive relief against the filing of the lien, since it will decide whether or not the Reardons are liable under CERCLA. Hence, the effect of  § 9613(h) is to preclude review altogether. Third, extending jurisdiction to the Reardons’ due process claim does not necessarily run counter to the purposes underlying  § 9613(h). For example, resolution of the due process issue does not require any information that is not likely to be available until clean-up of a site is finished. Because it is a purely legal issue, its resolution in a pre-enforcement proceeding does not have the potential to force EPA to confront inconsistent results (as would a finding, for example, that a particular spill was caused by an act of God). Of course, if we decide that filing a notice of a CERCLA lien without any pre- enforcement review does violate due process, EPA’s collection efforts will no doubt be hampered. However, we do not lightly assume that Congress intended to ease EPA’s path even at the expense of  violating the Constitution. Fourth, although the two courts that have considered this issue have reached a different conclusion, see Barmet Aluminum Corp. v. Re illy, 927 F.2d 289, 293 (6th Cir.1991); South Macomb Disposal Authority v. U.S.E.P.A., 681 F.Supp. 1244, 1249-51 (E.D.Mich.1988), we are unpersuaded by the reasoning of those cases. Our disagreement commences with the phrasing of the issue to be decided. Both courts frame the question as whether  § 9613(h) â€Å"prohibits constitutional as well as statutory challenges until the time pr[e]scribed by the statute.† South Macomb, 681 F.Supp. at 1249-50; see Barmet, 927 F.2d at 292. We think that this question fails to make the distinction we have noted above, see pp. 1514-1515, supra, between two types of constitutional challenges–challenges to EPA’s administration of CERCLA, and challenges to CERCLA itself. Once we recognize this distinction, the reasoning of these two courts becomes less convincing. First, says the South Macomb court, Reading the language of  § 9613(h) for its everyday meaning supports the notion that this subsection prohibits constitutional as well as statutory challenges until the time pr[e]scribed by the statute. The provision explicitly states that federal courts shall not have jurisdiction to review â€Å"any challenge† except for those enumerated. South Macomb, 681 F.Supp. at 1249- 50. But, the statute does not bar â€Å"any challenge,† without qualification; rather, it delays federal court review of â€Å"any challenges to removal or remedial action selected under section 9604 of this title.† 42 U.S.C.  § 9613(h). Because a due process challenge to the CERCLA lien provisions is not, we believe, a challenge to â€Å"removal or remedial action selected under section 9604 of this title,† we do not find that the â€Å"everyday meaning† of  § 9613(h) divests the federal courts of jurisdiction to hear such a challenge. Both the Barmet and South Macomb courts contend that legislative history–House and Senate Reports, and House Judiciary Committee Hearings– suggests that Congress intended  § 9613(h) to bar all pre-enforcement challenges, including all *1516 constitutional challenges. Upon examination, we find these materials unconvincing as well. The Senate Report states, in part: As several courts have noted, the scheme and purposes of CERCLA would be disrupted by affording review of orders or response actions prior to commencement of a government enforcement or cost recovery action. See, e.g., Lone Pine Steering Committee v. EPA, [600 F.Supp. 1487 (D.N.J.1985) ]. These cases  correctly interpret CERCLA with regard to the unavailability of pre-enforcement review. This amendment [ § 9613(h) ] is to expressly recognize that pre-enforcement review would be a significant obstacle to the implementation of response actions and the use of administrative orders. Pre- enforcement review would lead to considerable delay in providing cleanups, would increase response costs, and would discourage settlements and voluntary cleanups. S.Rep. No. 11, 99th Cong., 1st Sess. 58 (1985). We see nothing in this discussion which would indicate an intent to divest federal courts of jurisdiction to consider a claim that the provisions of CERCLA itself authorize deprivations of property without due process of law. On the contrary, the reference to â€Å"review of orders or response actions† suggests that the writers of the Senate Report focused their concern on the problems that would arise if courts reviewed the merits of particular EPA actions. Both Barmet and South Macomb attach great weight to the Senate Report’s citation â€Å"with approval† of Lone Pine, a case decided before  § 9613(h) was enacted, which they say held that CERCLA did not allow pre- enforcement review even of constitutional challenges. We think there are good reasons to discount this citation. For one thing, the 13-page opinion in Lone Pine contains no discussion of the question whether constitutional challenges to the statute as well as challenges to administrative action are barred; one can only infer that the Lone Pine court held this view from the facts that (1) the plaintiff’s complaint had one constitutional count alongside six statutory counts, and (2) the court dismissed the entire complaint. In fact, Lone Pine cites Aminoil, Inc. v. EPA, 599 F.Supp. 69, 72 (C.D.Cal.1984), the leading case holding that CERCLA did not bar jurisdiction to review constitutional challenges to the statute; and it does so, not to indicate any disagreement with that holding, but simply to agree with its holding that CERCLA does bar pre-enforcement review of administrative orders. See Lone Pine, 600 F.Supp. at 1497. For another thing, the Senate Report does not cite Lone Pine for the proposition that federal courts have no jurisdiction to hear constitutional challenges; rather, it cites it solely as an example of a group of cases, sub silentio holding that review â€Å"of orders or response actions† would disrupt the purposes of CERCLA. We do not see why this should indicate agreement with Lone Pine’s purported holding regarding constitutional challenges,  particularly since cases such as Aminoil would seem to fit just as easily into the group of cases described in the Report. We do not find the House Report any more convincing. The pertinent passage in that Report, according to Barmet and South Macomb, is a statement that â€Å"there is no right of judicial review of the Administrator’s selection and implementation of response actions until after the response action[s] have been completed†¦.† H.R.Rep. No. 253(I), 99th Cong., 2d Sess. 81, reprinted in 1986 U.S.Code Cong. & Admin.News 2835, 2863. See Barmet, 927 F.2d at 293 (quoting this passage); South Macomb, 681 F.Supp. at 1250 (same). This statement says nothing about judicial review of the CERCLA statute itself. South Macomb also cites testimony of EPA and Justice Department officials during hearings on the bill that contained  § 9613(h). In response to a query from Representative Glickman as to whether EPA and the Justice Department â€Å"might accept some form of accelerated [pre-enforcement] review,† Mr. Habicht, the Assistant Attorney General for Land and Natural Resources, replied: Mr. Chairman, briefly, this issue has been litigated under the 1980 statute *1517 quite extensively, and there have been a number of decisions over the last several months that address the fundamental questions of the constitutionality of the procedures set forth in that law. Virtually across the board now the courts are finding that the scheme is constitutional as currently constituted. Superfund Reauthorization: Judicial and Legal Issues, Hearings before the Subcomm. on Admin. Law and Governmental Relations, H. of Rep. Judiciary Comm., 99th Cong., 1st Sess. at 226 (July 17, 1985); see South Macomb, 681 F.Supp. at 1250 (quoting this passage). The South Macomb court comments: â€Å"Our reading of this exchange is that the EPA and the Department of Justice took the position that because the courts had already upheld the constitutionality of CERCLA, constitutional challenges could also await EPA enforcement actions.† Id. We do not find this passage quite so clear. It would appear to be an expression of hope by EPA and the Department of Justice rather than a statement of congressional intent, particularly in light of the fact that Congress passed a provision,  § 9613(h), that by its language does not bar constitutional challenges to the CERCLA statute. Finally, the Supreme Court recently examined a statute with a judicial review provision not unlike the CERCLA section analyzed here. At issue in McNary v. Haitian Refugee Center, Inc., 498 U.S. 479, 111 S.Ct. 888, 112  L.Ed.2d 1005 (1991), was a provision of the Immigration and Nationality Act barring judicial review of a denial of â€Å"Special Agriculture Worker† (â€Å"SAW†) status except in the context of a deportation order. The statute states: â€Å"There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.† 8 U.S.C.  § 1160(e) (as amended by the Immigration Reform and Control Act of 1986). The Court held that this bar did not preclude review of â€Å"general collateral challenges to unconstitutional practices and policies used by the agency in processing applications.† McNary, 111 S.Ct. at 896. Rather, it only barred review of individual denials of SAW status. Id. The statute in McNary resembles the CERCLA provision at issue here in two respects. First, as here, judicial review of an administrative event is withheld until the agency instigates a second, independent proceeding. More significantly, the immigration statute is phrased so as to bar review of the agency’s determination of SAW status in an individual action–an event comparable to EPA’s selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency’s execution of the statute (as in McNary ). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here. See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute). Thus, we conclude that we have jurisdiction to consider the Reardons’ due process claim: that the CERCLA statutory scheme under which liens may be imposed on property without opportunity for a hearing violates the fifth amendment due process clause. III. THE DUE PROCESS CLAIM [4] The Supreme Court has established a two-part analysis of due process challenges to statutes which, like this one, involve property rather than liberty interests. One must first ask whether the statute authorizes the taking of a â€Å"significant property interest† protected by the fifth  amendment. E.g., Fuentes v. Shevin, 407 U.S. 67, 86, 92 S.Ct. 1983, 1997, 32 L.Ed.2d 556 (1972). If there is no significant property interest involved, the inquiry is at an end. If there is, one proceeds to examine what process is due in the particular circumstances. *1518 E.g., id.; Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976). We shall address each issue in turn. A. The Deprivation. The district court, relying primarily on Spielman- Fond, Inc. v. Hanson’s, Inc., 379 F.Supp. 997 (D.Ariz.1973) (three judge panel), aff’d mem., 417 U.S. 901, 94 S.Ct. 2596, 41 L.Ed.2d 208 (1974), found that the filing of a federal lien under 42 U.S.C.  § 96 07(l ) did not amount to a deprivation of a significant property interest; thus, the court did not reach the second step of the analysis. However, a Supreme Court case decided after the district court had issued its decision (indeed, after oral argument at the en banc rehearing of this appeal) has clarified the law in this area considerably, and has precluded continued reliance on the Court’s summary affirmance in Spielman-Fond. In Connecticut v. Doehr, 501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991), a unanimous Court held that a Connecticut attachment statute violated the due process clause. The Court held that the attachment lien on plaintiff Doehr’s real property deprived him of a significant property interest within the meaning of the due process clause. The Court stated: For a property owner like Doehr, attachment ordinarily clouds title; impairs the ability to sell or otherwise alienate the property; taints any credit rating; reduces the chance of obtaining a home equity loan or additional mortgage; and can even place an existing mortgage in technical default where there is an insecurity clause. Doehr, 501 U.S. at —-, 111 S.Ct. at 2113. It concluded that â€Å"even the temporary or partial impairments to property rights that attachments, liens, and similar encumbrances entail are sufficient to merit due process protection.† Id. (emphasis added). And, in a footnote, it disposed of its summary affirmance in Spielman-Fond by noting that â€Å"[a] summary disposition does not enjoy the full precedential value of a case argued on the merits and disposed of by a written opinion.† Id. at —- n. 4, 111 S.Ct. at 2113 n. 4 (citing Edelman v. Jordan, 415 U.S. 651, 671, 94 S.Ct. 1347, 1359-60, 39 L.Ed.2d 662 (1974)). See also id. at —-, 111 S.Ct. at 2113 (Rehnquist, C.J., concurring) (Spielman-Fond should not be read to mean that the imposition of a lien is not a deprivation of a significant interest in property). Whether the response costs were incurred consistently with the national contingency plan is an issue which may be highly factual, but it is usually a matter of the amount, and not the existence, of liability. More likely to be â€Å"highly factual† is the determination whether certain of the owner’s parcels of land are â€Å"subject to or affected by† EPA’s response action. Similarly, on the issue of the landowner’s liability, EPA admits in its brief that the â€Å"concepts of due care, foreseeability, objective and subjective knowledge, some of which are unique in CERCLA to the innocent landowner defense, are extremely fact-intensive.† EPA Supplementary Brief at 16-17. Second, we must consider what procedural safeguards, if any, CERCLA provides against erroneous filing of a lien. a. The right to a judicial hearing. CERCLA provides no such safeguards. It provides for no pre-deprivation proceedings at all–not even the ex parte â€Å"probable cause† hearing judged insufficient in Doehr. See Doehr at —-, 111 S.Ct. at 2108 (describing Connecticut attachment procedure). Nor does CERCLA provide for an immediate post-deprivation hearing. [FN2] The first hearing the property owner is likely to get is at the enforcement proceeding, or cost recovery action, brought by EPA. This action may be brought several years after the notice of lien is filed; it is limited only by a rather complicated statute of  limitations, see 42 U.S.C.  § 9613(g)(2), which gives EPA three years after a removal action is completed or six years after a remedial action is commenced to bring such a suit. The running of the statute of limitations is entirely within EPA’s control. Since the government may take its own sweet time before suing, and since the removal or remedial action may itself take years to complete, the lien may be in place for a considerable time without an opportunity for a hearing. FN2. The Connecticut statute at issue in Doehr provided â€Å"expeditious† post-attachment review, see 501 U.S. at —-, 111 S.Ct. at 2115, but the Court nonetheless found the statute constitutionally deficient. Even under Doehr, though, post-attachment process is not always inadequate. Doehr notes the factors leading to the Court’s  approval, in Mitchell v. W.T. Grant Co., 416 U.S. 600, 94 S.Ct. 1895 (1974), of a sequestration statute with no pre-deprivation review: â€Å"the plaintiff had a vendor’s lien to protect, the risk of error was minimal because the likelihood of recovery involved uncomplicated matters that lent themselves to documentary proof, and plaintiff was required to put up a bond.† Doehr, 501 U.S. at —-, 111 S.Ct. at 2114. â€Å"[M]ere postponement of judicial enquiry is not a denial of due process if the opportunity given for ultimate judicial determination of liability is adequate.† *1520 Phillips v. Commissioner, 283 U.S. 589, 596, 51 S.Ct. 608, 611, 75 L.Ed. 1289 (1931). But the CERCLA statute of limitations on liens throws the â€Å"ultimate judicial determination† so far into the future as to render it inadequate. Indeed, in this respect the CERCLA scheme resembles the replevin statutes in Fuentes v. Shevin, where the Court held that the debtor may not be â€Å"left in limbo to await a hearing that might or might not ‘eventually’ occur.† Mitchell v. W.T. Grant Co., 416 U.S. at 618, 94 S.Ct. at 1905 (discussing Fuentes v. Shevin ). b. Posting of a Bond. The Court has recognized that requiring the filing party to post a bond may provide the property owner important protection against wrongful filing; in Doehr, four members of the Court suggested that due process always requires a plaintiff’s bond in the context of an attachment. See Doehr, 501 U.S. at  Ã¢â‚¬â€-, 111 S.Ct. at 2116 (plurality). CERCLA does not require EPA to post a bond when filing the notice of federal lien. c. Action for damages. In Doehr, the State of Connecticut argued that the availability of a double damages remedy for suits that are commenced without probable cause was an important protection against misuse of the attachment provisions; however, four members of the Court did not find the availability of such a suit to be an adequate procedural safeguard. Four members of the court explained in detail why an action for damages would never prove adequate: The necessity for at least a prompt postattachment hearing is self-evident because the right to be compensated at the end of the case, if the plaintiff loses, for all provable injuries caused by the attachment is inadequate to redress the harm inflicted, harm that could have been avoided had an early hearing been held. An individual with an immediate need or opportunity to sell a property can neither do so, nor otherwise satisfy that need or recreate the opportunity. The same applies to a parent in need of a home equity loan for a child’s education, an entrepreneur seeking to start a business on the strength of an otherwise strong credit rating, or simply a homeowner who might face the disruption of having a mortgage placed in technical default. Doehr, 501 U.S. at —-, 111 S.Ct. at 2118 (plurality).

Human Resource Management Project Essay

Introduction Human Resource Management is defined as the policies, practices and systems that influence an employee’s behaviour, attitude, and performance in the attainment of organizational goals, and it is also a way of management that links people-related activities to the strategy of a business or organization. Now days, the human resource has an important function in the companies or organizations. The human resource provides significant support and advice to line management because many companies consider their human capital as their most important asset. The purpose of this report is to compare and contrast the human resource management between India and Canada. This report will describe the human rights, recruitment, selection, training and development, and health and safety of Indian companies, and research the role of human resource in the recruitment and selection processes of Indian companies, and finally compare and contrast them to Canadian human resources practices. Moreover, this report will also analyze the cultural differences between Canada and India. The report aims to find difference human resource management between Canada and India, and improve the human resource management system of Canada. Role of Human Resources in the Recruiting and Selection Human resource plays an instrumental role in helping their organization achieve its goals of becoming a socially and environmentally responsible firm. In India, there is large-scale unemployment with shortage of skilled labour, hence, the role of HR in recruiting will provide the necessary tools to maintain a positive competitive labour market. Clearly defined role of Human Resources in Recruitment process is very important for measuring the success of the whole Recruitment Process. The overall setting of the HR Role in Recruitment is directly linked to Recruitment Strategy and HR Strategy. [1] Human resource and hiring managers play a highly significant role for setting the correct measures and defining the potential gaps in the whole recruitment process. The role of Human Resources in India is increasing, from making the process working to the real management of HR Processes and the Recruitment Process was the first to manage. The Recruitment Strategy changed – the efficiency and costs to the company were more important.[2] The role of HR in recruiting and selection process in India has following factors: 1) Decides about the design of the recruitment processes and to decide about the split of roles and responsibilities between Human Resources and Hiring Manager 2) Decides about the right profile of the candidate 3) Decides about the sources of candidates 4) Decides about the measures to be monitored to measure the success of the process The role of HR in Recruitment is very important to work on the development of the recruitment and selection process and to make the process very competitive on the market. Good recruitment and selection can make sure the organization has enough advantaged and appropriate employee and managers; in addition to that, it can lead to company work more efficiency. * Recruiting process has following steps: 1. Identify vacancy 2. Prepare job description and person specification 3. Advertising the vacancy 4. Managing the response 5. Short-listing 6. Arrange interviews 7. Conducting interview and decision making * Selection involves the following components: Reception, screening interview, application blank, selection test, selection interview, medical test, reference checks, and hiring decision. Chap: 3 Human Resource practice in India India is being widely recognised as one of the most exciting emerging economics in the world. Besides becoming a global hub of outsourcing, Indian firms are spreading their wings globally through mergers and acquisitions. During the first four months of 1997, Indian companies have bought 34 foreign companies for about U.S. $11 billion dollars. This impressive development has been due to a growth in inputs (capital and labour) as well as factor productivity. By the year 2020, India is expected to add about 250 million to its labour pool at the rate of about 18 million a year, which is more than the entire labour force of Germany. This so called ‘demographic dividend’ has drawn a new interest in the Human Resource concepts and practices in India.[6] In a general, if we look at the history of Human resource practice in recent years, we can see effect on the managerial history of India was to be provided by the British system of corporate organisation for 200 years. Clearly, the socio cultural roots of Indian heritage are diverse and have been drawn from multiple sources including ideas brought from other parts of the old world. In India, the Human resource management practice is in transition face it is learning new ideas from other parts of the world and also with growing population and growing multinational companies coming to India the work culture is continuously improving. One of the noteworthy features of the Indian workplace is demographic uniqueness. It is estimated that both China and India will have a population of 1.45 billion people by 2030; however, India will have a larger workforce than China. Indeed, it is likely India will have 986 million people of working age in 2030, which will probably be about 300 million more than in 2007. And by 2050, it is expected India will have 230 million more workers than China and about 500 million more than the United States of America (U.S.). It may be noted that half of India’s current population of 1.1 billion people are under of 25 years of age.[7] While this fact is a demographic dividend for the economy, it is also a danger sign for the country’s ability to create new jobs at an unprecedented rate. As he has been pointed out by Meredith. [8] Here are some key factors responsible for shift in HRM practice in India [9] Above figure presents the key drivers for contemporary Indian HRM trends. In Figure, there are four external spheres of intervention for HRM professionals and these spheres are integrated in a complex array within organisational settings. The intellectual sphere, which emphasises the mindset transaction in work organisations, has been significantly impacted by the forces of globalisation. The other three spheres, of figure, namely the emotional, the socio cultural and the managerial domains are undergoing, similar profound changes. Key HRM Practices in Indian Organisations: The above figure describes the general HRM practise in Public sector Organization. In private sector the HRM sector is not organized. In Private sector THE HRM practice depends on individual company basis. Company Profile: Infosys technology is a leading software company based in India which was established in 1981 and is listed in NASDAQ as a global consulting and IT services company with more than 122,000 employees. From a capital of US$ 250 they have grown to become a US$ 5.38 billion company with a market capitalization of approximately US$ 38 billion. In their journey of over 29 years they have catalyzed some of the major changes that have led to India’s emergence as the global destination for software services talent. [10] Recruitment Process: The Company uses different sources like Campus Interviews, advertisements in newspapers and applications received through the company website. Firstly, they do not have any distinction between any branch of Engineering, applicant from any branch can apply for the selection process but the only criteria is to meet the requirement of grades, the applicant should be very well qualified and should have high grades and the time gap which means if any of the applicant was rejected in the selection process then they can only apply after 9 months. The qualified candidates are shortlisted and are called for a written test. [11] Selection Process of choosing individuals with qualifications needed to fill jobs in an organization. The duration of the selection process in Infosys is 2.5 hours which includes filling in an application form, an Aptitude Test ( Analytical Thinking and Arithmetic Reasoning) and a test of Communicative English Language. The duration of the tests is 90 minutes and the Aptitude Test consists of puzzles type and the number of questions varies between 9 to 15. [12] Training and Development Infosys training, continuing education and career development programs are designed to ensure that the technology professional enhances their skill-sets in alignment to their respective goals. The following are the types of training provided by Infosys to their new recruits and employees. Technical Training by Education and Research Department Most of the new candidates that are hired complete 14 weeks of integrated on-the-job-training prior to being assigned to their business units. All these training are done in a total area of 1.44 million square feet in The Infosys Global Education Center in Mysore- India, which can train approximately 14,000 employees at a time. As of March 31, 2010 they employed 610 full-time employees as faculty which included 208 employees with doctorate or masters degrees. The faculty also conducts integrated training for the new employees. They also make employees to undergo certification programs each year to develop the skills relevant that are for their roles. [13] Personal Effectiveness and Managerial Programs The above program is to enhance the managerial capabilities and leadership abilities in order to have better customer satisfaction, achieve their organizational vision and to create high performing multicultural teams. [14] Performance Management Creating an equitable and inclusive work environment In 2008-09 Infosys were recognized for their efforts to promote a more inclusive work environment. They won the Corporate Award for Excellence in Gender Inclusivity instituted by the National Association for Software Companies (NASSCOM), India, for the second consecutive year. They also received the Helen Keller award which was instituted by the National Centre for Promotion of Employment for Disabled People, for the third consecutive year and they also won the ASTD Excellence in Practice Award for diversity training. [15] The Head -HRD, is the custodian of equal employment opportunity. The Diversity Office and the HR department are responsible for coordinating efforts in implementing and disseminating information regarding the company’s diversity agenda. Being an IT services company they do not have any business identified as having risk for incidents of forced or compulsory or child labour, therefore they foresee risk of child labour in their supply chain in India, and therefore controls it through the vendor selection process. Compensation and Benefits Infosys compensates its human assets in three ways by adding learning value through training and development and appraisal practices. Infosys also adds emotional value through initiatives directed towards supporting employees with their work and personal needs and they also adds financial value through monetary compensation which is neither above nor below the market level. Infosys was one of the first Indian companies to offer stock option plans to their employees. Benefits Infosys work-life policies reflect local requirements and regulations. The employees in India are eligible for paid maternity leave and paternity leave under the law which is referred as the Maternity Benefit Act, 1961 under which pregnant women can take paid leave up to 14 weeks, first seven weeks before delivery and other seven weeks after delivery and the maximum payment is $441.6 per week before tax. They also have satellite offices for new mothers, telecommuting for employees on need basis, adoption leave, flexible work hours, part-time work policy, one-year childcare sabbatical policy and near-site day care facilities. Employees can apply for scholarships for their children who have excelled in academics, arts and culture. Infoscions can also apply for extended family healthcare coverage. [16] In addition to that they are also provide benefits such as statutory benefits as pension, medical insurance under Employee State Insurance Scheme which is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act and is designed to accomplish the task of protecting ‘employees’ against the hazards of sickness, maternity, disablement and death due to employment injury and to provide medical care to insured persons and their families. An employee covered under the scheme has to contribute 1.75% of the wages whereas, an employer contributes 4.75% of the wages payable to an employee. The total contribution in respect of an employee comes out to 6.50% of the wages payable. They are also offered loan program which was found attractive to the employees. Loans were taken for pursuing a degree program such as MBA, or to meet personal needs such as purchasing a car or a house. [17] Health and Safety The Health Assessment and Lifestyle Enrichment (HALE) program supports their healthcare policies at a global level. In Australia they have a unique practice of having a specialist available on call for ergonomics assessment in the work area. They also provide annual health checkups for all employees at their India-based locations. [18] Chap-4 Comparison and Contrast between HR practice of India and china In comparison between India and Canada India’s ranks higher in Uncertainty Avoidance Index than Canada which means Indian wants clear cut responsibilities and job description. India’s Power Distance rank is also higher than Canada which means that in India there is unequal distribution of wealth and power in the society. India and Canada are at the opposite ends in terms of Individualism, with Canada displaying much greater Individualism than the collectivist society of India. Canadians are more autonomous and self-control in the ability to make decisions and wants to work without direct supervisions, than Indian employees. Indian employees like to work more in tandem with their managers when setting personal goals than did Canadian employees. Indians are more forward thinking when planning actions and goals which found significant correlations between these differences in perceptions and differences in cultural characteristics which include power distance, uncertainty avoidance, and paternalism. Canadians scored lower on these traits than Indians. [19] Chap – 5 About Cultural differences and Implications to Professional Practice India is a country in conversion. History, society, economic and cultural factors strongly influence Indian Human Resource Management (HRM) and mindset. The dynamic changes taking place in India, and their consequent influence and reflection in Indian HRM, the following factors provide essential background and context about key aspects of the Indian: language, geography and generational differences. Following the strong influence of the society cultural context in India does not always allow the applicability of Western management and organization theories. [3] Pawan S. Budhawar, the Indian management scholar, he emphasizes that â€Å"to a great extent, this is a core issue for Western firms operating in the Indian context and sends a clear message to researchers in the field. The intention of both HR practitioners and researchers should be to continuously develop, test and re-test constructs suitable for conducting research and develop relevant practice in the Indian context.† [4] With the challenge of mixing Western management practices with Eastern management traditions, we have to understand the Indian HRM context and its related influence on mindset is a necessity for both Indian and Western organizations. In a typical leadership development project, here is an assumption about: First, there are more qualified candidates than available leadership positions (could be internally or externally. Second, turnover of employees identified as ‘key talent† will not increase. Third, employees who are not identified as â€Å"k ey talent† will accept that the assessment process is fair. Indian human resource management will continue to evolve, and it will continue to be important characteristic of growth and sustainability. Chap – 6 Other relevant topics Generally speaking, In the process of recruiting, training management, the performance of India and Canada is similar. They use similar strategies for select right employees, like internal and external recruitment. Using skills tests and talent questions helping employers find a best person for the job. On the other hand, there are some obvious differences. Firstly, in Canada, there are a lots of policies (Provincial and territorial human rights legislation, Canada Human Rights Act) implemented by federal or national governments to protect the rights of employees, like policies about minimum wage employer must pay to workers, sexual orientation, marital status, and maximum work time. Besides that, when the rights of employees was ruined, employees can complain with some constitution including The Canadian Charter of Rights and Freedoms, Citizenship Commission. On the other hand, the policies protecting employees are scary. Employees look for job by individual, and the salary and benefits paid to employees is determined by employers. Because India in a labour intensive country. The price is cheaper than Canada obviously. In addition, India do not have policies about minimum wage. The codes protecting the rights of women and young are in little quantities. Which is more, compared with Canada. It is harder for employees in India sue the company which exploits them. For instance Even though India is a labour intensive country, because of high growth of developing, it is not a big problem to find a job in their own country. A lot of jobs are created because of the increasing of market demands. Since Canada is multicultural country. You can find people from Australia, Asia and Europe. They are seeking jobs in Canada. Apart from this Canada is a secular Country. So Canada has a lot of policies about avoiding discrimination like religion, race and color. Conclusion: By analyzing and studying various reports and research paper we can say that there is vast difference between the HR practice between India and Canada. The rules and regulation regarding Human resource management are quite similar in both countries. The government of both Countries has made clear rules and regulations, but in India there is lack of implementation of the rules. Various research paper also indicates that the HRM is in transition phase, due to globalization the global practice becoming more and more familiar to Indian corporate groups. The study also suggests that there is socio-cultural influence on HRM practice in India. India has to go far to reach global HRM practice, but it is also showing good positive changes in terms of positive HRM policy guideline and support from government. Bibliography: 1. http://hrguide.applezoom.com/2007/09/hr-role-in-recruitment 2. (http://hrguide.applezoom.com/2007/09/hr-role-in-recruitment 3. http://www.shrm.org/Research/Articles/Articles/Documents/ 4. Budhwar, P. S. (2009). Challenges Facing Indian HRM And the Way Forward. In P. S. Budhwar & J. Bhatnagar (Eds.), the Changing Faces of People Management in India (pp. 289-300). New York: Routledge. 5. Adapted from Towers Perrin. (2008). 2007-2008 Towers Perrin global workforce study. Retrieved August 26, 2009, www.towersperrin.com 6. http://rphrm.curtin.edu.au/2007/issue2/india.html 7. Chatterjee, S.R. (2006). Human resource management in India. In A. Nankervis, Chatterjee, S.R. & J. Coffey (Eds.), Perspectives of human resource management in the Asia Pacific (41-62). Pearson Prentice Hall: Malaysia. 8. Meredith, R. (2007). The elephant and the dragon: The rise of India and China and what it means for all of us. New York: W.W.Norton & Co. 9. http://rphrm.curtin.edu.au/2007/issue2/india.html 10. http://www.infosys.com/about/who-we-are/Pages/history.aspx 11. http://www.ittestpapers.com/articles/-infosys-selection-procedure.html 12. http://www.infosys.com/investors/reports-filings/annual-report/annual/Documents/Infosys-AR-08.pdf 13.

The Rise and Fall of Populism Essay Example

The Rise and Fall of Populism Essay Example The Rise and Fall of Populism Paper The Rise and Fall of Populism Paper The Rise and Fall of Populism The Farmer’s Alliance In the 1880s, as drought hit the wheat-growing areas of the Great Plains and prices for Southern cotton sunk to new lows, many tenant farmers fell into deep debt. Lenders, grain-elevator owners, and others with whom farmers did business were angered. Depression worsened in the early 1890s, and some industrial workers shared different views on labor, trust, and monopolies. If the various alliances between the North and South were able to unite, they would’ve created an astonishing mighty political force. Unfortunately, sectional differences and personality clashes quickly halted this idea. The Saint Louis meeting in 1889 formed a clear idea where certain alliances existed. Clearly, white southerners feared reprisals from landowners, and objected participation by blacks. They also rejected proposals that would have ended secret whites-only activities. Northerners also feared domination by more experienced southern leaders. The Republican Party mostly consisted of Northern farmers who wanted protective tariffs to keep out foreign grain. Democrats, who were mostly white southerners, wanted low tariffs to hold down the costs of foreign manufactured goods. Despite these differences, both parties did favor the governmental regulation of transportation and communications, liberal credit policies, equitable taxation, prohibition of landownership, by foreign investigators, and currency reform. Due to this confidence, the alliances drew more deeply into politics. Farmers had elected a number of officeholders in 1890. Alliance members controlled four governorships, eight state legislatures, forty-four seats in the U. S. House of Representatives, and three seats in the U. S. Senate. The Populist movement arose as a revolt against the special privileges of industrialism and the American banking system. The Rise of Populists In the Midwest, Alliance candidates often ran on the independent third-party tickets and achieved some success in Kansas, Nebraska, and the Dakotas. During the summer of 1890, the Kansas Alliance held a â€Å"convention of the people† Formation of the People’s party eventually began to call themselves â€Å"Populists† which derives from the Latin word populus meaning people. This American movement primarily stared to improve conditions for farmers and laborers. The Election of 1892 As the populists won over the state legislature of Kansas in 1890, William Peffer became the partys first U. S. Senator. Due to Peffer’s humorous figure, Easter journalists and politicians viewed the party as a joke. Despite their opinion, the party gained popularity and support. By 1892, the party was ready for independent action. They summoned a People’s party convention in Omaha on July 4 to draft a platform and nominate a presidential candidate. The new party’s platform was one of the most comprehensive reform documents in American history. Corruption dominated the ballot box. More importantly, corruption fostered inequality that threatened to split American society. The Omaha platform claimed â€Å"wealth belongs to him that created it†, and addressed the three central sources of unrest: transportation, land, and money. Populists demanded government ownership of telegraph lines and railroads and urged the federal government to reclaim all land owned for speculative purposes by railroads and foreigners. Others advocated a graduated income tax, postal savings banks, direct election of the U. S. senators, and shorter hours for workers. The party nominated an official founder through a merger of the Farmers Alliance and the Knights of Labor. James B. Weaver of Iowa was a former Union general and supporter of a liberally increased money supply. The Populist campaign roared of colorful speeches from â€Å"Sockless Jerry† Simpson, an unschooled rural reformer, and of Mary Ellen Lease, who urged farmers to â€Å"raise less corn and more hell† The South introduced Charles W. Macune of Texas, Thomas Watson of Georgia, and Leonidas Polk of North Carolina. The vigorous language on the Omaha platform derived from Minnesota’s Ignatius Donnelly, pseudo-scientist and writer of apocalyptic novels. Finally, the campaign presented James Hogg, the three-hundred-pound governor of Texas, and one-eyed Senator, â€Å"Pitchfork Ben† Tillman of South Carolina, who were not dedicated Populists, but rather used the campaigning for their own political needs. James B. Weaver and campaigned for the following:  ·Unlimited cheap silver money (they wanted a rate of sixteen ounces of silver to one ounce of gold)  ·Government ownership of all railroads and telephone companies  ·A graduated income tax Direct election of U. S. senators  ·Single-term limits for presidents  ·Immigration restriction  ·Shorter workdays Although Weaver gathered over a million votes in the 1892 election, and majorities in four states and twenty-two electoral votes, he lost badly. Rural dwellers still had emotional faith in the future. Even though Populists w ere flawed Democrats-they still wanted to fulfill their version of American ideals and stuck with their mistrust of blacks. Millions of people had begun to believe that a cooperative democracy could overcome corporate power. Between 1892 and 1896, however, the party failed to make further gains, in part because of fraud, intimidation, and violence by Southern Democrats. The Depression of 1893 An apparently minor but ominous event occurred shortly before Grover Cleveland took office for the second time in 1893: the Philadelphia and Reading Railroad, one a profitable line, went bankrupt. Due to the heavy borrowing to lay the track and build stations and bridges, ultimately put the company into an unpayable debt. Manufacturers experienced a similar dilemma. McCormick farm machinery factories bought more machines to get more work out of fewer laborers. This strategy, however, only enlarged the debt and increased unemployment. The employers couldn’t pay their creditors. The failure of the National Cordage Company in May 1893 accelerated a chain reaction of business and bank closings. By June, the number of failed banks reached 128. Between 1893 and 1897, the nation suffered the worst economic depression it has ever experienced. The severe depression made Grover Cleveland, from the Democratic Party wildly unpopular. Between 1892 and 1895, New York policeman estimated that twenty thousand homeless and jobless people roamed the city’s streets. As the depression grew, the currency conflict reached a breaking point. The Sherman Silver Purchase Act of 1890 had committed the government to buy 4. 5 million ounces of silver each month. Payment was to be in gold, at the ratio of one ounce of gold for every sixteen ounces of silver. The nation’s gold reserve soon fell below $100 million in early 1893. President Cleveland called a special session of Congress to repeal the Sherman Silver Purchase Act and was actually repealed in late 1893. At about the time Cleveland called the session, doctors had discovered a malignant tumor on his plate that required immediate removal. He kept his illness a secret in fear of the public’s attention. He eventually recovered, but those who knew of his surgery believed it had sapped his vitality. After improving slightly, in 1895, the economy plunged again. Farm income declines, factories closed, and banks that remained open restricted withdrawals. As in most hard times, the depression reached a limit. New gold discoveries in Alaska, good harvests, and industrial growth brought relief. Railroads had been the primary mover of the American economy in the 1850s ,which led to the opening of new markets. By 1890, many companies expanded too rapidly. People also under-estimated their debts driving five-hundred banks and sixteen thousand businesses into failure. Canadian and Russian wheat growers, Argentine cattle ranchers, Indian and Egyptian cotton producers, and Australian wool producers also complicated matters with American farmers. When farmers fell into debt and lost purchasing power, the economic health of railroads, farm-implements, manufacturers, banks and other businesses were affected. Over thirteen hundred strikes and riots took place in 1894, which led to the beginning of the era of protest in 1877. Throughout this time, societies began to establish a new socialist order of justice and inequality. It appealed to intellectuals because it promised an end to class conflict and crude materialism. Coxey’s Army American socialism lacked strong leadership and therefore suffered greatly. In 1894, the American Railway Union elevated a new socialist leader, Eugene V. Debs. Although he was never good at organizing, Debs captivated large audiences with his attacks on the free-enterprise system. Soon enough, however, Debs had to share his attention with a quiet businessman from Massillon, Ohio. Like Debs, Jacob S. Coxey believed the government should issue paper money unbacked by gold. Coxey started an army and gathered recruiters from industrial towns and rural villages. His march on April 30th, expressed the frustration of people seeking relief from uncertainty. The troops main focus was more jobs and better living standards. This group eventually became the Socialist Party by the 1900s. Democratic leaders wanted to destroy the third-party threat. Because of this, many Populists decided to maintain a middle ground between the two larger parties and not merge with either. Inside the Peoples Party, â€Å"mid-roaders† sought to schedule the national convention before those of the Republicans and Democrats. When they lost the fights, fusionists hoped that silver-Democrats would be victorious in the convention. When this happenedwith the nomination of William Jennings Bryan on a free-silver platformmid-roaders found themselves in a difficult spot. The Populists were underfinanced and underorganized in late 1894. Republicans and Democrats took turns to destroy the Populist voting strength. To do so, southern white legislators took steps into preventing all blacks from voting. In 1876, the Fifteenth Amendment prohibited states from denying the right to vote â€Å"on account of race, color, or previous condition of servitude. † Their second attempt was implying a poll tax eight months before voting, and to prove someone is literate, expecting many blacks to be incapable of such acts. Bryan and the â€Å"Cross of Gold† speech Democrats who were silver supporters went over to the Populists as the presidential elections of 1896 neared. The Democratic convention that year was witness to one of the most famous speeches in U. S. political history. Pleading with the convention not to crucify mankind on a cross of gold, William Jennings Bryan, the young Nebraskan champion of silver, won the Democrats presidential nomination but it presented the Populist party with a serious problem. Should Populists join Democrats in support of Bryan, or should they nominate their own candidate? Many reasoned that supporting a different candidate would split the anti-McKinley vote and guarantee a Republican victory. The Failure of Populism The results revealed that the political stand-off had finally ended. McKinley beat Bryan by over 600,000 popular votes and won in the Electoral College by 271 to 176. McKinley appealed to a wide range of Americans. Conservative Americans feared cheap money and inflation so much that they flocked to McKinley and the Republican camp. Wealthy businessmen in the East dumped about $6–12 million into McKinley’s campaign, making it the fattest campaign fund of any American candidate ever. Some Democrats quite reasonably claimed that McKinley had purchased the White House. McKinley ultimately killed the Populists’ dream of free silver in 1900 when he signed the Gold Standard Act to peg the value of the dollar to an ounce of gold. He also signed the Dingley Tariff in 1897 to set overall tariff rates at about 45 percent. Although Populists and fusion candidates won a few state and congressional elections, the Bryan-Watson ticket of the Populist party polled only 222,600 votes nationwide. Therefore, the Populist crusade collapsed in 1896. Historians regard the election of 1896 as one of the most important elections of the nineteenth century, and certainly the most significant election since the Civil War. First, it represented a victory of urban middle-class Americans over agrarian interests in the West and South. Populism had never really spread into the cities, and Bryan’s appeal for free silver and inflation had alienated even the poorest Americans in the cities who depended on a stable dollar for survival. The Bryan campaign thus marked the last attempt to win the presidency through appeals to rural voters. It also marked the death of the Populist movement, which lost steam when it supported the Bryan campaign, essentially merging with the Democratic Party. A People and a Nation. U. S. A: Norton, Katzman, Escott, Chudacoff, Paterson, Tuttle, 1994. Agrarian Distress and the Rise of Populism. United States History. 1 Sep. 2008. http://countrystudies. us/united-states/history-81. htm. Argesinger, Peter H. Populism, Its Rise and Fall. Populism, Its Rise and Fall. 2007. 1 Sep. 2008. kansaspress. ku. edu/pefpop. html. The Populist Party. 1896: The Peoples Party. 2000. 1 Sep. 2008. ;http://projects. vassar. edu/1896/populists. html;.

African American Woman In Aviation History Essay

African American Woman In Aviation History Essay In the early 20th century, it was virtually unheard of a woman especially an African -American woman in aviation. Flying was predominantly for white males (Creasman, 1997), and considered too dangerous for females. In an era of racism, and segregation Bessie Coleman born a poor, black girl with limited opportunities’ persevered. Bessie broke the barriers of stereotypical labels for race, gender, and class by becoming the first black woman to obtain a pilots license, the first person in the world to obtain a international pilots license, and the first American to achieve this (Malveaux,2000). Bessie Coleman is a â€Å"role model for young black children† (Creasman, 1997, para.23), influencing others to pursue their dreams. Bessie paved the road for others, never letting prejudices ‘of â€Å"race, class, and gender† keep her from pursuing her dreams which provoked the start of the civil rights era( Creasman, 1997). Despite the odds of being poor, black, and female Bessie Coleman made a huge impact in American history. Bessie Coleman was born in Atlanta, Texas in 1892 into an environment of poverty, repression, rage and fear (Rich, 1993). It was a era when blacks were disenfranchised and lynched (Rich, 1993). African-Americans were taught and treated like they were inferior to other races. Blacks could not vote, buy land, ride in the same train sections ,use the same bathrooms, restaurants, or use the same drinking fountains which whites used (Barnes, 1996). Those which protested ran a risk of being â€Å"tarred, feathered, whipped or lynched† (Barnes, 1996, para.4). The nation was suffering from a â€Å"severe economic depression† (Rich, 1993, para.14), and violence began to ignite in both â€Å"black and white communities† (Rich, 1993, para.14). Rich industrialists began to â€Å"create monopolies in trade and industry while laborers worked twelve-hour days, seven days a week. When the workers unionized and calle d strikes, the industrialists hired armed men as strike breakers† (Rich, 1993, para.14). In 1893 violence continued and panic among the financial sector caused stocks to drop . Soon banks folded, farmers lost their land, factories shut down, prices fell and unemployment increased (Rich, 1993). Bessie was the 12th of 13 children, the daughter of George and Susan Coleman. At the age of seven Bessies’ father, a nearly full-blooded Indian decided to move to Oklahoma closer to Indian territory. He believed he and his family would receive better treatment and receive the benefits of â€Å"full civil rights,† something the family did not experience in Texas because of racial discrimination. However, Susan refused to uproot the children and stayed behind (Yount, n.d.). Susan and the children lived in a â€Å"one room cabin,† and picked cotton to survive.Unable to make ends meet Susan took a job cleaning and cooking for a white family. It was important to Susan for the children to earn an education, so Bessie took on the role as a surrogate mother while Susan worked. Bessie did not have the life of a â€Å"carefree child†( Rich, 1993, para.34), instead she cleaned, ironed, cooked, and made sure her brothers and sisters were taken care of (Rich, 1993). Bessie and her siblings attended an all black school, but learning was limited because each time it was â€Å"cotton picking time† the school shut down. There were rarely textbooks, pencils or paper, and one teacher with a sixth grade education for grades one through eight in a single room building (Rich, 1993). However, Bessie was eager to learn, and had big dreams of â€Å"amounting to something† (Bessie Coleman, n.d.para.4). By age eight Coleman along with her siblings learned to read and write from reading the bible. Bessie enjoyed reading and often read books about black men and women which had made accomplishments in life ( Barnes, 1996, para. 12). Gifted in math, she kept track of the family book keeping for the cotton sold (Bessie Coleman, n.d.para.2).Bessie completed the eight grade which in those days was the highest grade individuals could achieve. In addition, Coleman was the top of her class, a very rare accomplishment at that time for black females (Smith, n.d.). This eagerness to learn prompted Bessie to attend college. Bessie took in laundry and saved enough money to attend college in Oklahoma but ran out of money after one semester and returned home.

MGT 401 Case 5 Leadership and Change Essay Example | Topics and Well Written Essays - 1000 words

MGT 401 Case 5 Leadership and Change - Essay Example Berkshire Hathaway Incorporation is operating in the conglomerate industry since 1955. Since then, the company is thriving and running its successful ventures in the industry. Warren Buffet built an amazing record in the company with his remarkable leadership skills that does not only gave the direction but also ensured that the employees and other staff members are following his direction along him. At the time when Warren Buffet took control of Berkshire Hathaway, the company was only dealing in the textile business, the strategies of savvy deal making by Warren led the company to a great success and converted the textile industry into conglomerate industry in the next 50 years. In recent times, Warren Buffet is looking to convey his succession plan to other eligible members of the company. Undoubtedly, as a CEO, Warren alone with his leadership skills has developed and brought the company to a stage where several minds could think to reach. The company must bring changes in its leadership roles with time after reaching a certain level of success, one succession plan could be helpful and entertaining till a certain period, and then the company has to adopt some changes in its leadership management and its succession plan. Berkshire Hathaway was living on a succession phenomenon where the company was afraid to release a title icon from a seat. It is also a fact that new and fresh minds could bring more succession plans by combining their minds with the experienced mind. Berkshire Hathaway has also implied the same formula for its giant venture (Rothwell, 2010). In my opinion, Berkshire Hathaway has performed an outstanding and remarkable job in the industry. The whole industry and management teams are now in the resonance of the company’s success. It is the right time for Berkshire Hathaway to prepare for the succession. Warren Buffet is now 80 years of age, and his great experience, the internal position holders should adopt strong