Tuesday, August 6, 2019

The United States Constitution Essay Example for Free

The United States Constitution Essay Introduction The Revolutionary War had come to a satisfactory conclusion, and no particular cause of urgency gripped the delegates to the Constitutional Convention, as they gathered in Philadelphia in the spring of 1787. The Continental Congress conducted all functions of the central government since the commencement of its first session in September of 1774, on the heals of the Boston Port Act. News of this latest move of the British Parliament, which ordered the closing of Bostons harbor pending the repatriation of losses suffered by the East India Company on account of Bostons infamous tea party, reached American shores in May of that year (Rakove 21). The rallying cry during the American Revolution was for American sovereignty to establish independence from Britain, while the major issues that motivated that cry centered on the protection of colonial property from the long arm of the British Parliament. Acts of Parliament in the 1760s and 1770s, such as the disturbingly invasive Stamp Act of 1765, struck many colonists as overly demanding, and intolerable violations of local control (Keane 89). While the Stamp Act was particularly inflammatory, Parliament passed numerous acts during this period, including the Sugar Act of 1764, the Declaratory Act and Townshend Acts from 1767 to 1769, and the Boston Port act of 1774 (Rakove 22). The predominant substance of these acts was taxation; the mother country felt such taxes should be expected from the colonists to assure they contributed their share toward supporting the empire and preserving the benefits all English citizens enjoyed from this empire. The safeguarding of global trade provided a prominent example; it augmented the wealth of the empire and her mercantile class. Parliament regulated this trade, and protected its continuation by the provision of war ships. But the extractions of wealth Britain demanded from her American colonists to support the empire were not seen as justified by many in America. Britain was embroiled in a long-standing war against France. The colonists believed they were being taxed excessively to support this war effort. Many colonists felt they paid their dues to the empire by suffering direct exposure to the French and Indians during recent conflicts, and resented the additional imposition of greater taxation (Keane 88). They demanded greater local control over the levels of revenue to be submitted to Britain, and an exclusive right to determine the means of collecting that revenue. Many patriots, such as Samuel Adams, worked for years to pull together a more unified American resistance to British claims. On the heals of the Boston Port Act, Adams noted that American response to it suddenly wrought a Union of the Colonies which could not be brought about by the Industry of years in reasoning on the necessity of it for the Common Safety (Rakove 40). Urgency beset the delegates as they gathered to coordinate a response to recent onerous Parliamentary measures, and government under the First Continental Congress got underway. Within a year they shifted from evaluating diplomatic responses to coordinating the American military preparedness for war against British troops. By the summer of 1776, they issued the Declaration of Independence, declaring for King and country that reform, compromise, and reconciliation no longer sufficed. Events now necessitated a clean break with the mother country. The Continental Congress, operating under the framework established by the Articles of Confederation, fulfilled American requirements for centralized government through the successful completion of the Revolutionary War in 1783, and until the fateful spring of 1787 (Bowen). What conditions caused the delegates gathered for the convention in Philadelphia in 1787 to propose a radically different government? What motivated them to propose the dissolution of the Continental Congress, and suggest that the sovereignty of their respective states be usurped by a newly formulated national government? How did issues of control over property enter into this dynamic? This paper examines and gives answers to these questions. Conditions Leading Up to the Constitution Radical in nature and revolutionary in result, the proposal formulated by the Convention of 1787 far exceeded the evolutionary goals set forth in the guidance given to delegates prior to their arrival. The state legislatures, firmly sovereign under the Articles, did not send delegates in the expectation that the result would be a Federal government subjecting the states to the will of a national sovereign. The Continental Congress sanctioned the Philadelphia convention for the sole and express purpose of revising the Articles of Confederation (Bowen 4). Instead of revising the Articles, the proposal emanating from the Convention turned the Articles into a dead letter, upon its adoption by state ratification conventions. Moreover, the delegates formulated a government so radically different in nature that its breadth and scope was not even contemplated as a realistic possibility by the population at large in the Spring of 1787 (Larson). Defects of the existing system, more than the pleasure of free intellectual discourse, provided the principle motivation for the delegates to generate the solutions contained in the new Constitution.  Ã‚   Two prominent problem areas compelled them to formulate this radical proposal for change. First, vices of the state governments, which could not be adequately restrained under the existing system, resulted in numerous problems motivating reform (Madison 4). The second set of forces at work for change was the insurmountable limitation besetting the Continental Congress in its effort to carry out its assigned functions. These forces formed pincers of change operating on the delegates. Property rights played an important role in both arms of these pincers. Many delegates at the Convention believed that the state governments often abused their authority by unjustly impacting private property rights; they looked for opportunities to curb these abuses through a newly formulated national power (Nedelsky 22-23).   Additionally, the Continental Congress lack of authority over property contributed substantially to its ineffectiveness. Restrictive trade measures pursued by both Britain and France within a year of the Treaty of Paris proved to be more detrimental to American interests than the British retention of forts on the new countrys frontier.   Britain discriminated against American commerce in numerous ways, including the closure of its own ports and those of the West Indies to ships from her lost colony. Such provocations should have been met with retaliatory commercial measures. Unfortunately, the Continental Congress lacked the authority to coordinate such measures, and since the impacts of various options fell with different force upon each state, no particular option would be readily agreed to or complied with by the various legislatures. While the British parliament coordinated trade policy to punish American commercial interests, the Americans could not coordinate a retaliatory policy to force the British to reverse their practices (Mee 30). Secure access to the Mississippi River was pivotal to the issue of commerce for all inhabitants of the Western frontier, and proved to be another source of consternation for those counting on the Continental Congress for solutions.  Ã‚   The movement of products to ports from interior lands relied on shipping them down the Mississippi, through the Gulf of Mexico, to ports on the Atlantic Ocean. Relying on over-land routes to ports on the Atlantic was unpractically expensive, in 1784, Spain declared that the Mississippi closed to American navigation (Keane 94-5). In addition to grappling with Mississippi navigational rights, Congress was also attempting to guide the development and settlement of Western lands. Setting up the framework of the nations expansion to the West, and the admission into the Confederacy of future states resulting from this settlement, was another key challenge facing Congress. As settlers streamed to the West, they required protection from the native populations, who were typically displaced without fair compensation, and who often heckled and attacked settlements in response (Mee 207-208).   Protection for such settlers could not be provided in earnest, due to the ever-present incapacity of Congress to find funds to appropriate to the cause, as well as substantial disagreement about the details of how Western settlement should proceed. During American history around the time of the crafting of the Constitution, poverty very likely did mean sloth and idleness (Bowen 70). At that time, land was an abundant resource and three-quarters of Americans earned their living in agricultural pursuits. Labor was relatively scarce; no large pool of unemployed people existed to keep downward pressure on wages. Eligibility to vote during this period typically required that one own enough property to qualify as a freeholder. Most citizens possessed property exceeding these prescribed thresholds. Robert Morris, one of the nations leading financiers, and a delegate to the Convention, estimated that ninety percent of those otherwise eligible to vote in America met the requirements to be considered freeholders (Nedelsky 77). To qualify as a freeholder in Virginia for the first elections held under the new Constitution, a white male over twenty-one years of age needed to own either fifty acres of property, or twenty-five acres with a house (Labunski 152). Even poor immigrants could normally find work that paid well enough to allow them to accumulate adequate savings to purchase land. Americans of the revolutionary era were particularly susceptible to political arguments stressing property rights. Easy availability of land had long characterized colonial society, and by the time of the revolutionary crisis the ownership of land was widespread. Indeed, this broad distribution of property was one of the most distinctive features of colonial life, in marked contrast with the situation in England. Even landless persons could reasonably hope to become owners eventually (Labunski 160-3). Achieving any reform through amending the Articles of Confederation required the agreement of all thirteen states. All prior attempts at amendments failed to achieve such a consensus. Rhode Island did not send delegates to the Convention, and for years openly admitted that the state had no interest in allowing modifications to the Articles. While the delegates ostensible purpose was to propose an evolution to government under the Articles, such a path already had a track record of failure. The performance of the state governments caused much concern. The Continental Congress lacked the authority to check the transgressions of the states or carry out essential national functions on their own accord (Bowen 235). These conditions convinced the gathering delegates that action was required. Many of their most significant concerns with governmental operations at the state level and national level were connected to the issue of property rights. The Founding Fathers gathered in Philadelphia with a desire to retain a government founded on the republican principle of majority rule, while also formulating new safeguards for the protection of property beyond those present under state governments. Previous attempts at evolution proving fruitless, the delegates turned to revolutionary proposals in pursuit of these aims. Constitutional Convention As Madison entered the Pennsylvania State House to attend the Constitutional Convention, in May of 1787, he struggled to resolve the tension between formulating a republican government based on the will of the majority, and preserving justice for the minority in matters of personal liberties, such as the protection of property. Establishing a strong enough tether to protect the minority from such measures while still preserving republican principles would not be easy. What steps did the framers take in establishing a republic to protect property rights from being plundered by the majority? They successfully pursued both explicit language to protect property, and a structural design that implicitly lead to the protection of property. The resulting construction left many particular questions about property unanswered, but bestowed to future generations a government framework that rested on republican principles while also assuring a relatively high level of protection for the rights of the propertied minority.  Ã‚   The success of Madison and his compatriots at this endeavor, in the form of our Constitution, placed American government on a strong foundation from which to proceed (Labunski 189-94). The Constitution contains explicit language establishing authorities related to property rights and safeguards for the protection of private property. Before addressing the way the new governments structural design implicitly protects the rights of those holding property, these explicit provisions will be reviewed. They are predominantly located in Article I of the Constitution, which outlines the legislative framework of the new government. The framers aimed to place significant new limits on the ability of states to enact legislation assaulting property rights or redistributing property, such as the troublesome wave of debtor relief laws states subjected creditors to in the years following the Revolutionary War. Language in Article I, Section 10, established specific restrictions on the power of states.   Included therein was a prohibition on forcing creditors to accept payment tendered in anything other than gold or silver coin, also known as specie (Larson 198). Section 8 of Article I, which delineated the powers given to the new national Congress, granted that body the power to coin money and regulate its value, while Section 10 prohibited the states from doing so.   This language took aim at the notorious practice of printing money, which often turned out to be valueless, and forcing creditors to accept it as payment for debt. The framers also attempted to protect the property of creditors from plunder by reinforcing contractual obligations binding debtors and creditors (Ely 45). In a move destined to have far-reaching implications relative to the sanctity of contract law, and its importance in protecting propertied interests under all contractual arrangements, Section 10 prohibited states from enacting any law impairing the obligation of contracts (Larson 207). These provisions, along with the assurance provided under Article VI that all debts valid under the Confederation remained enforceable under the Constitution, were all efforts to protect the property of creditors. They shielded the minority creditor class from the political muscle the debtor class brandished so successfully under the Articles of Confederation. The regulation of commerce impacts private property, by influencing its value in numerous ways and providing a venue for its fair trade. As with the production of coins, the framers both explicitly granted Congress the power to regulate commerce, and prohibited states from interfering with such regulations. The previous section explored many of the areas in which the limited authority the Continental Congress exercised over commerce between states and with foreign powers caused difficulties.   The gathering of the Philadelphia Convention of 1787 followed a Convention held in Annapolis, Maryland in 1786, which gathered primarily for the propose of proposing amendments to the Articles of Confederation that would allow for the national regulation of commerce (Larson 207). Delegates from only five states arrived at the Annapolis Convention; such meager participation made it clear that any substantive measures emanating from the gathering would be stillborn. But, instead of dispersing with no action at all, Madison and others present called on the states to send delegates to Philadelphia nine months later to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the Union (Rakove 374). The weak Continental Congress could not prevent such measures, and commercial regulations between the various states and between states and foreign powers often despoiled the value of property by establishing regulations to assist some groups with little regard for the interests of others. The explicit limits in Section 10 on state powers included language clarifying that states could not lay any imposts on imports or exports or enter into any compacts with other states without the consent of Congress. Particularly important to delegates from the land-rich southern states, Section 9, which spelled out specific limits on the power of the national Congress, provided protection for the propertied agrarian interests by banning any tax on exports (Ely 43-4). The state governments demonstrated their lack of resolve to provide adequate protections to property rights under the Articles of Confederation. In all the areas discussed above, delegates attempted to remedy this within the republic being constructed by explicitly placing matters in the hands of the national government and limiting the power of state legislatures. Madison feared this would not be enough, and worked hard to achieve another safeguard from the destructive power of the states. While constructing a government based on the principle of majority rule inherently resulted in some threat to the personal liberties of the minority, Madison believed the new national government afforded better protection for such liberties than the state governments. He therefore fought to provide the national government with the power to veto any measures passed by the state legislatures, as a means of holding the untrustworthy state governments in check (Labunski 247). On the issue of taxation, those desiring more power be shifted to the central government won a major victory at the Philadelphia Convention. Experience under the Articles of Confederation demonstrated that for the national government to be effective, it must not be left to rely on the willingness of the states to provide revenue. Unlike the issues above, no language would prevent states from taking action in the area of taxes; this would be an area of mutual responsibility. The list of powers explicitly granted to Congress in Article I, Section 8, begins with the power to lay and collect taxes, duties, imposts, and excises (Larson 205). Under the Articles of Confederation, the central government lacked the means of carrying out most measures, because the states often refused to provide funds when requisitioned to do so. Alexander Hamilton, in Federalist Paper #15, claimed that this inability to raise revenue by acting directly on citizens was the great and radical vice in the construction of the existing confederation (108). The delegates agreed with Hamilton and others that this limitation must be remedied to allow any central government to operate effectively. Many believed the best solution would leave the power of direct taxation only in the hands of the state government, and grant a coercive power to the national government, by which it might force the states to comply with requisitions. However, the Federalists believed this position to fanciful, pointing out that coercing states resulted inevitably in coercing actual citizens. In mustering military force against a state that did not fulfill a requisition, it would inevitably be the citizens of that state receiving the blows, for example. The state, an ephemeral geo-political entity, can not itself be coerced (Doughtery 171). Worse yet, any measures meant to induce obedience would inevitably punish indiscriminately. It would not be only those unwilling to pay their share of a requisition in a state that would suffer from such measures. Applying coercive measures could not be a surgical exercise of carving out only the malignant specimen. It would instead be like a knight charging toward a phalanx landing his blow upon any member of the line present at the end of his lance. All citizens of a state would be subject to the suffering resulting from any coercive measures. Ratification of The Constitution Vesting the central government with the ability to raise taxes and thereby redistribute property directly, without working through the states, required achieving a proper balance between providing the central government with inadequate power and excessive power.  Ã‚   The resulting compromise required that any direct taxation by the national government would be apportioned according to population, which shielded those with land wealth from shouldering exorbitant shares of federal expenditures (Ely 43-4). Despite the efforts of those at the Convention, the issue of taxation proved to be one of the most contentious issues during the Constitution ratification debates held in each state. In the debate leading up to the slim margin of victory for the Federalists supporting the Constitutions ratification, the Anti-Federalists kept bringing this issue to the surface as a prominent example of the new governments excessive power. After this vote, the Virginians turned to developing Constitutional amendments to forward to the new government for consideration and adoption. The vote to forward an amendment limiting the central governments ability to directly tax passed by a wider margin than the vote on the ratification of the Constitution itself, indicating that even some of its supporters harbored concerns about giving the new government such power (Labunski 115). Though the word slave does not appear in the Constitution, three specific provisions strengthening the hands of slave-owners in the protection of their property interests were granted, in an effort to attain Southern support for the resulting document. First, it was agreed in Article I, Section 9, that importation of such persons as any of the states now existing shall think proper to admit could not be regulated by Congress prior to 1808 (Larson 206). Second, language in Article IV established that fugitive slaves must be returned to their owners, even in the event they cross state lines. While these two provisions treated slaves as property, the third provision dealt with determining the strength of each states representation in the House of Representatives. Southern delegates wanted them counted as people in formulating the distribution of representatives in Congress, to assure the adequate protection of their interests at the national level. On this last point, the delegates reached a compromise of counting three-fifths of the slave population for the purposes of Congressional apportionment (Larson 208). These provisions all strengthened the position of slave owners, and substantiate the claim that slavery was more clearly and explicitly established under the Constitution than it had been under the Articles (Ely 46).   However, it would be a mistake to accuse the delegates to the Convention of being oblivious to the moral implications of slavery. Indeed, the ability to hold other humans as slaves under established property law placed vexing restraints on the delegates ability to claim that property rights flow out of natural law. No one in 1787 defended the ownership of slaves as included among the natural rights of property. And yet most of the framers believed that since slavery existed as a matter of positive law, slave owners could claim the right to have their property secure. This painful reminder that not all positive rights of property were natural rights, or perhaps even consistent with natural rights, meant that the arguments for the security of property could not simply rely on claims of natural right (Nedelsky 153). It would be more accurate to conclude that slavery protections were an inevitable extension of the general importance the delegates placed on property rights, than to reach the conclusion that slavery itself was hotly contested, and that property protections grew out of any overarching debate on the topic of slavery. Many present at the Convention despised the peculiar institution, and most were morally uncomfortable with it, but accepted its existence as an extant political reality. Its management was incidental to the larger issue of protecting property rights in general, and its existence limited the ability of the delegates to claim that those protections flowed inextricably from mans natural rights (Larson). The framers achieved a desirable balance on the issue of property rights in the development of the Constitution. They enhanced the autonomy of individuals living under the resulting government by their efforts to balance governments power over property against the rights of individuals over property.   They substantially enhanced the power of the central government over property compared to government under the Articles of Confederation, while curbing the ability of state governments to impact property. They retained republican principles such as the rule of the majority. Thereby, no individual possessed absolute control over property. Nobody could think of themselves as a king with rights to property granted by God, and count on complete immunity from governmental impacts on property or redistribution of property (Ely). On the other side of the balance, explicit language and implicit structural safeguards were established to protect property rights and other essential liberties for everyone, even those in the minority. No large republics existed when the framers did this work, so they could not simply draw on the experience of others. They were familiar with a long history of monarchs and nobility holding onto power and wielding it to protect their property rights. They were also familiar with government under the Confederation, which brought the benefits of republican government to the citizens of America, but did not adequately safeguard property from the political agenda of a majority looking to improve their position at the expense of property owners. In the Constitution, the founders achieved a desirable balance, and succeeded in constructing a government that preserved republican virtues while also protecting minority liberties, such as the protection of property rights. Conclusion The framers of the Constitution placed a high priority on protecting the rights of individuals to acquire, accumulate, and appropriate property. Balancing the protection of property rights with the establishment of a national government founded on the republican principle of upholding the interests of the majority provided a key challenge for the members of the Constitutional Convention. The Articles of Confederation left sovereign power in the hands of each of the confederated states. The state constitutions, while far from uniform, all provided republican forms of government. As such, state legislative bodies responded readily to the outcries of their constituents. The majority wielded substantial power to achieve their aims, regardless of the justice of their cause. This often resulted in a lack of protection for the property of the more affluent minority, as they struggled against the will of the majority to redistribute property. The Founding Fathers judged many state legislative actions, pursued by the will of the majority, to be an unscrupulous taking of property from one group to benefit another. In particular, debtor relief acts, passed in the wake of the Revolutionary War, often heavily favored the debtor class over the propertied financiers of the war effort. The delegates that gathered at the Philadelphia Convention in May 1787, felt compelled to formulate a government providing greater protection for individual property rights. At the same time, they remained committed to retaining a system predicated on republican principles. No legitimate republican government could simply disregard the will of the majority by placing a cabal of the propertied few perpetually in power. The structure and operation of the government that grew out of the Constitution they created came about in no small measure due to efforts to balance tension between protecting the rights of individuals to safeguard property, and the rights of a republican government to exercise control over property for the benefit of the majority of the public. Viewed within the context of their place in history, the compromises they established in response to this tension were appropriately crafted to enhance the autonomy of those citizens living under the resulting government. Bibliography Bowen, Catherine Drinker. Miracle at Philadelphia: The Story of the Constitutional Convention May to September 1787. Boston, Massachusetts: Little, Brown and Company, 1986. Ely, James. The Guardian of Every Other Right: A Constitutional History of Property Rights. New York: Oxford University Press, 1990. Keane, John. Tom Paine, A Political Life. Boston, Massachusetts: Little, Brown and Company, 1995. Labunski, Richard. James Madison and the Struggle for the Bill of Rights. New York: Oxford University Press, 2006. Larson, Edward F. and Michael P. Winship, Eds. The Constitutional Convention: A Narrative from the Notes of James Madison. New York: The Modern Library, 2005. Madison, James. Vices of the Political System of the United States, 1787, Teaching American History, 2007 http://www.teachingamericanhistory.org/library/index.asp?document=802 Mee, Charles L. The Genius of the People. New York: Harper Row, 1987. Nedelsky, Jennifer. Private Property and the Limits of American Constitutionalism. Chicago: University of Chicago Press, 1990. Rakove, Jack N. The Beginnings of National Politics. New York: Alfred A. Knopf, 1979.

Monday, August 5, 2019

System for Occupational Health and Safety Management

System for Occupational Health and Safety Management 1.1 General Overview Agape Homes Trust provides intellectual disability level care for adults in residential and day care. The trust provides services to develop individuals skills, talents and interest and assist them to live a integrated life. The manager oversees to two care centres. There is a well established management team supporting the running of the centre. The service has a clinical coordinator, a team leader, four support workers. A shortfall identified in this audit around staff training and other records has been addressed. Health and Safety System Audit report Policies and Procedures Policies and procedures are reviewed on regular basis and updated to reflect best practice, standards and legislation. Policies are in placed and documented rationally to determine skill mix and staffing levels. Roster is provided for appropriate coverage for effective delivery of services to the client at all times. The trust uses a combination of computer based planning for cares and documentation based information. The long term care plan is computer based and a printed out summary placed in front of the clients file. There is a lifestyle questionnaire for residents which provides information regarding the residents past and present likes and dislikes. Intervention are planned round those hobbies with set timeframe. Certain activities are planned out as well. Food, culture, religious beliefs are also considered. Accident records Interview with the Team leader it was found that the trust has no incident and accident record file onsite. All accident and incident reports are documentation, investigated within 24 hours of occurrence. Reported to and reviewed by the clinical coordinator. Corrective measures initiated immediately and data compiled on the data base and the paper work sent to the main office where it is kept in file. Standards NZS8134:2008 Health and Disability Services Standards are followed in policies ensuring appropriate standard comply with clients rights and services provided in a manner that clients are respected, minimises harm, facilitate choice and acknowledges persons culture, value and beliefs. Also services are effectively communicated to the residents and their whanau. ISO standard is also followed in policies where there is food handling involved and to ensure services are reliable and of quality for residents, whanau and staff. Job Description Each and every person at Agape Trust is responsible to comply with current occupational Health and Safety (OSH) legislation and safety at work. Everyone works safely at all times; uses safety equipment provided; identify hazards and report instantly; encourage others to work safely; monitoring of own health and measures to improve when necessary. Also safe evacuation of residents and others during emergency; maintain safe environment for self, staff and residents. The General Manager is to be reported of any concern regarding security or any other issues. Training Records Was unable to site the training records as it kept in the office at all times. Interview with the team leader the following information was gathered. When required or requested by team leader, be involved in on the job training and service orientation of staff and volunteers. In house health and safety training in form of induction provided to new workers and volunteers. All staff to possess a valid First Aid Certificate, participate in refresher course, external training and qualification based on certified training. Manuals Manuals on how to use equipments available and kept in files. No written safety rules developed and posted around the equipment. Little attempt is made to control hazardous points on equipment. For example the treadmill is located near the door way to the laundry. Manuals on working with equipment and hazardous substances can easily be obtained at anytime. Hazard Register Hazard Register updated and accessed easily for handling common issues, hazards, causes with controls and options to assist control. It also has tools, resources and case studies. The register consist of hazard such as slips,trips,falls, manual handling, hitting stationery objects, challenging behaviours, exposure to trauma, stress, workplace violence, workplace bullying, security, shift work and hazardous substances. The hazards recorded were minimised, eliminated or isolated. It has been updated by the General Manager and initials of each worker after reading and understanding it. Inventories All inventories are hand written in books and updated bi monthly basis by the team leader and the clinical coordinator. Inventories expiry is checked and damaged equipment replaced or fixed. The data is then transferred to the computer for records. Health and Safety System Organisational Requirement Have they been met? (No, partly, mostly, fully) Policies and Procedures Fully met Policies and procedures are checked and updated. The safety procedures are in formats that are easily understood and special communication needs of people using the building taken into consideration as well. The staffs is familiar with the health and safety arrangements at the work place. There are policies and procedures around waste management, cleaning, laundry. Emergency management and the staff are fully aware of them. Policies and procedures also in placed for safe practice and staffs are closely monitored all times. Organisational Management Mostly met There is enough qualified staff on duty at the Trust all times. The trust provides cares for highly needy clients with intellectual disability so experienced and qualified staff should be available at all time. The staff rooster is updated weekly. So the staffs have received adequate orientation and training before starting work. Accident Records Not met There are no records of previous accident records at the Trust. All accident records are sent to the main office where data is transferred to the computer and the paper stored in file. Organisational requirement. The trust should have an accident record file with previous accident records present at the premises as this may help for future references. Standards Fully Met Checking with residents, interview with team leader, staff ensured that policies support consumer rights under this standard. Residents well informed of their rights; personal privacy is protected and suffers no discrimination. Organisational Requirements The standards have been approved by Ministry of Health under the Act and set the standards for health and disability services. Standards have been reviewed yearly which includes general standards, core standards, infection prevention and control standards, restraint minimisation standards, organisational management and providing of safe environment. Job Description Fully Met All staff at the Trust has clear roles and responsibilities and their use their knowledge and skills to promote a positive health and safety culture in the workplace. As organisational and legislative requirement, each worker has to comply with safety policies and practices and their help in planning, implementing and monitoring of protective and preventative safety measures at workplace. All staff has written job descriptions and written copy of their terms and conditions of employment before commencing with the job. Training Records Not met Staff files not updated. Document such as training undertaken and completed not found. Organisational requirement Long standing staff needs their competency and skills assessed to determine the need for further training. The trust needs staff training and development programmes to maintain skills, meet the changing needs of the residents, fulfil the aims of the Trust and understanding the policies and procedures of the organisation and suitable competent to carry out their roles. The Manager should ensure that minimum mandatory training requirements for all his staff are met and updated on regular basis and records are maintained Manuals Fully Met Manual of every equipment present for safety reasons. The manuals are updated by the management on regular basis. Copies of manual printed out and placed in areas where it can be easily accessed. Hazard Register Partially Met. The Hazard Register is not updated, certain risk was identified but corrective measures still needs to be in place. The register has written confirmation of all statutory relating to fire safety and standards complied during fire drill. Organisational requirement The manager has to ensure that the risk assessment is carried out for all areas of work. To manage the identified risk that have been recorded, corrective action has to be implemented and all staff to be aware of any hazards identified and a control put in place. The Manager has to review the risk management records on regular basis. He also has to see to the events including accidents injuries and incidents of fire records and fire drills. Staff uses appropriate protective clothing and equipment suitable for the work to reduce the risk of harm and injuries to others and also to themselves. Inventories Partially Met. All inventories are recorded and later data transferred to the computer for future reference. The organisation keeps all the required inventories for safety reasons. The broken and old equipment should be discarded and replaced with the new equipment. Organisational requirement To reduce the risk of harm and safety old, broken equipment should to be replaced. 1.2 Health and Safety Systems Legislative Requirement Organisational Requirements Policies and Procedures Fully Met Policies and procedures comply with health and safety legislation for maintaining and providing safety and healthy work place, minimise risk in work practise for welfare of everyone and environment The safety procedures are in formats that are easily understood and special communication needs of people using the building taken into consideration as well. The staffs are familiar with the health and safety arrangements at the work place. Emergency management and the staff are fully aware of them. Policies and procedures also in placed for safe practice and staff are closely monitored all times. Accident Records Partially Met All organisations should have an accident record put in placed at all times. Staffs are to fill any form of accident or incident occurring at the work place. An accident record file with previous accident records should be present at the premises as this may help for future references. All accident and incident reports are documentation, investigated within 24 hours of occurrence. Reported to and reviewed by the clinical coordinator. Corrective measures initiated immediately and data compiled on the data base and the paper work sent to the main office where it is kept in file. Standards Fully Met The standards are aimed to ensure respect, protection of the rights of people at the Trust and that the standards are qualitative which provides meaning to the residents life Standards have been reviewed yearly which includes general standards, core standards, infection prevention and control standards, restraint minimisation standards, organisational management and providing of safe environment. Job Description Fully Met Staffs are qualified, competent and experienced to manage needs of intellectual disabled clients and also meet the purpose, aims and objectives of the organisation. Job description enables an individual to have authority and take up responsibilities for duties assigned. The staffs have to ensure that all legally required certificate and licences are updated and displayed when required. The organisation ensures that each staff gets proper orientation before commencing of his or her duties. Manuals Almost Met. Manuals should be in place for all staff to refer to for procedures on health and safety and corrective measures of using certain equipment. Manuals on how to use equipments available and kept in files. No written safety rules developed and posted around the equipment. Copies of manual printed out and placed in areas where it can be easily accessed. Hazard Register Partially Met Hazard register is updated and kept to carry out risk assessment of the work area. Action taken around the identified risk. Clear procedure in placed setting out the action to be taken together with reporting requirements. Significant events such as accidents, injuries, dangerous occurrence and incidents of fire are recorded and updated. Staff wears appropriate protective clothing and equipment in times of emergencies. The manager has to ensure that the risk assessment is carried out for all areas of work. To manage the identified risk that have been recorded, corrective action has to be implemented and all staff to be aware of any hazards identified and a control put in place. The Manager has to review the risk management records on regular basis. He also has to see to the events including accidents injuries and incidents of fire records and fire drills. Staff uses appropriate protective clothing and equipment suitable for the work to reduce the risk of harm and injuries to others and also to themselves. Training Records Partially Met. Promotion of safe working practice through acknowledging provision of information, training, monitoring, supervision of staff under safe working environment, fire safety, infection control, manual handling, first Aid, food safety, maintaining of equipment, personal safety at work. The Manager should ensure that minimum mandatory training requirements for all his staff are met and updated on regular basis and records are maintained. Staff needs their competency and skills assessed to determine the need for further training. Inventories Partially Met. Organisation should be up to date equipped with necessary resources at the facility to maintain health and safety. An inventories record should available at all times with expiry dates for equipment. The organisation keeps all the required inventories for safety reasons. The broken and old equipment should be discarded and replaced with the new equipment. To reduce the risk of harm and safety old, broken equipment should to be replaced. Assessment Task 2 Develop a plan for improvement to Occupational Health and Safety systems. Health and Safety System Degree of Compliance Assessment of the significance of Hazards Cost Benefit Analysis Policies and Procedures Compliance No risk – organisation meets the requirements Nil Accident Records Non Compliance properly completed accident forms and records should be kept High risk of hazard No accident records present, staff may not know how to handle on similar types of accidents as no references available. Low cost – printing of materials, buying a file and filing of documents. Standards Compliance No risk – organisation meets with all requirement Nil Job Description Compliance No risk – organisation meets with all requirements. Nil Manuals Non Compliance High risk of hazard. Most manuals are old, torn and out dated. Low cost – reprinting of manuals. Benefit would be for safeguard. Hazard Register Non Compliance no records of eliminating, isolating or minimising on file. High risk of hazard – no proper records available for future references. Proper and corrective action taken should be in place and recorded in file. Low cost – buying a folder and filing of the documents. Benefit for safeguard Training Records Non Compliance High risk of hazard – long serving staff not aware of new ideas and manage changing behaviours of clients. Staffs not up to date with training, staff personal information not complete. Medium cost – in house training for staff. A yearly staff training calendar posted in staff room to ensure all staff receives proper training. Refresher course made available for long serving staff and that they are up to date with qualification. Inventories Record Non Compliance High risk of hazard – staff may be use expired and broken equipment which may cause harm and injuries to themselves as well as to the residents. Also to reduce the risk of infection at the facility it is best for the organisation to maintain adequate resources at all times Low cost – a proper exercise book bought and all data entered in the journal which later transferred to the computer. medium cost – for the right equipment and resources such as gloves, hand wash, soaps and toilet paper and cleaning material Element 3 Size and location of the workplace The Agape Homes Trust which is known as Agape Care is a charitable organisation which is supported by local churches and provides services to highly need adults who has intellectual disability. The organisation is based in West Auckland. It is a small organisation with about 15 staff and about 25 clients. The organisation can implement corrective measures but have problems with allocated budget and resources. Financial viability of the organisation The Agape Homes Trust is a Non Government Organisation which survives on charity and is supported by local community churches. Since the cost of the strategies are small and can be catered with allocated budget. The organisation is not financially stable since it runs of charity. It can only spend small amount on money on health and safety programmes. Existing Management systems The organisation have set up templates on the computer and available polices and procedures. The clinical coordinator, manager and the team leader have the right knowledge and skills of the existing organisation system around health and safety. Commitment to ISO or other quality management practices. The organisation follows ISO and New Zealand standards which is reflected in the policies and procedures and all programmes. Overall Strategies Corrective Action Accident Records Ensuring that there are two people signing off all accidents. The team leader ensures all documents are properly filled The manager and clinical coordinator amends policies for accidents and incidents register Monitoring of Hazards Modifying ways to monitor hazards and recording them. Assigning a person to be in charge of monitoring the register. Working with team leaders, clinical coordinator and manager to develop and implement ideas. Training Conducting in house trainings for staff infection control, fire control. External training – First Aid certification and CPR training. Refresher courses – handing washing, medication competency and manual handling. Professional development training – Diploma in healthcare, Mental health, Treaty of Waitangi, rights and ethics, leadership courses. Challenging behaviour management courses. Qualification based on certificates – Diploma, NZQA qualification and certification Modification of induction training – orientation at work, interviews and appraisal. Manuals Working with team leaders and management to improve the manuals, communication styles suitable for everyone to understand. Printing out simple procedures and making attractive charts with diagram illustrations. Inventories One of the staff is assigned to keep checks on supplies and resources. The team leader checks the inventory journal at all times. Devika Chandra Kumari

Sunday, August 4, 2019

Compariing Three Versions of Chaucers Pardoners Tale :: Chaucer Pardoners Tale Canterbury Essays

Compariing Three Versions of Chaucer's Pardoner's Tale One of the interesting things about the works of Chaucer is the amount of difference one can find between the different manuscripts of his work. I thought it would be interesting to look at the difference between two manuscripts, using the transcriptions available in the Chaucer Society Specimens of all the Accessible Unprinted Manuscripts of the Canterbury Tales. I found a copy that has comparative versions of the manuscripts assigned to us, taking a look at the Pardoner's Tale. While we have not looked at that tale in class, and given that it was the only sample I could find in the scattered volumes of the Specimens, I felt it would be interesting to look at them, especially compared to the Riverside edition we are reading in class. Beginning with the Riverside edition, the introduction to the Pardoner?s tale begins with ?Heere endeth the Phisiciens Tale? and ?The woordes of the Hoost to the Phisicien and the Pardoner.? (Benson, 193) These introductory words, as well as the closing words for the previous tale, are not present in the Bodleian text. One could surmise that the transcriber of the text felt these to be perfunctory and unecessary, and though the reproduction I have does not reproduce it, it?s possible that there could be some other dividing point to break off one tale and begin another. The Additional MS has a conjunctive phrase, though it is different than that presented in the Riverside edition. ?here ende the Maister of phisikes tales? and ?Here bigynneth the prologe of the reheytyng of our hoost.? (Specimens 91, 2) It is interesting to not the difference of terminology here. The physician is ?Phisicien? in the Riverside text, yet the ?Master of phisikes? in the Additional MS. One wonders why one i s preferred over the other, and which is the more authoritative version. With only these three texts assigned, it is not for this author to speculate, and again, with a small sample, there can easily be isolated differences. One of the most interesting things to note in these differing manuscripts, I?ve found, is the variance and change that even identical passages can take, separated into various edition. Much like modern English, when you ask several different people to write the same thing, you can get many different variations base on how they?re transcribed.

Saturday, August 3, 2019

Quasimodo in The Hunchback of Notre Dame Essay -- Hunchback of Notre D

Quasimodo in The Hunchback of Notre Dame Viewed from the outside, a more horrific being never lived. Everything he presented to the world: twisted legs, a deformed spine, oversized hands, and a monocled visage crowned by a mane of hair the rust color of autumn leaves, made him a most insufferable man in the eyes of the people. Ostracized from a society who never hesitated to jeer at his ugliness, Quasimodo, the monster of Notre Dame, bore all abuse with unremitting stoicism while taking shelter behind the walls of his refuge&emdash;the cathedral. Seemingly devoid of all feeling, Quasimodo's hardened demeanor only added to his miserable existence as he appeared an even greater aberration from anything human, like one of the hideous gargoyles that rests quietly and defenselessly on the facade of the cathedral as passersby stop to gawk at its grotesque and frightening form. However, once this error of nature experiences the emotions of love and devotion, spawned by the arrival of the beautiful and sympathetic La Esmeralda, Quasimodo's inner fortitude, strength, and benevolence transcend his distorted body, allowing the people to view him not as a helpless cripple, but instead as a real human being with the bearing of a king. Lame and deaf, the one-eyed, misshapen curiosity of Paris, Quasimodo, dwells as a hermit in the Cathedral of Notre Dame during the 15th century. Taken under the care of Jean-Claude Frollo when only an infant, Quasimodo receives the occupation of bell ringer, and thus spends his life in constant devotion to the cold, exacting and insensate Archdeacon, extracting all earthly pleasure from his haven&emdash;the cathedral&emdash;and imparting all his passion to the ringing... ...e citizens, the courts, and the king, leaving them astounded at his "display of prowess" (190). After withdrawing into his den&emdash;Notre Dame&emdash;with his precious gem between his paws, Quasimodo ran to the highest tower "which housed the great bell," and held the girl before the eyes of the city as he "roared savagely...`Sanctuary! Sanctuary! Sanctuary!'" (190). Mounted on the bell tower of Notre Dame, Quasimodo stood before Paris in a regal coat of pride and power, shedding physical imperfection to allow an inner compassion and tenderness to emerge before the jungle of onlookers. After witnessing the valor and warmth of the lordly hunchback, neither the citizens of Paris nor Louis XI himself could deny that, for the moment, this beast truly reigned as king. Hugo, Victor. The Hunchback of Notre Dame. New York: Bantam Books, 1984.

Ausubel’s Expository Teaching Model Essay -- Ausubel Expository Teachi

Ausubel’s Expository Teaching Model Highly abstract concepts, such as jurisprudence and sovereignty, oftentimes cause high school students much struggle when trying to thoroughly understand such conceptual ideas. To teach these theoretical concepts, one must not only equivalently utilize David Ausubel’s Expository teaching model, but also retain an overall knowledge of other valuable strategies related to Ausubels’s model (Woolfolk, 2004, p. 281). To Ausubel, the most significant idea is that of the advance organizer, a statement of introduction that aids students in organizing the information about to be presented. Also to a teacher’s benefit are the ideas needed to form a concept, such as exemplars, defining features, irrelevant features, non-examples, and prototypes. Introducing the advance organizer, presenting ideas in terms of specific examples, and linking the content back to the advance organizer is Ausubel’s model for expository teaching (Woolfolk, 2004, p. 283).   Ã‚  Ã‚  Ã‚  Ã‚  Ausubel’s expository teaching primarily focuses on teaching general ideas to comprehend one specific concept, otherwise known as deductive reasoning. His approach always begins with an advance organizer (Woolfolk, 2004, p. 282). This statement aids in priming the students for the context and idea about to be described. It will help in developing schemas, or organizing information, and helps direct all attention to the key ideas coming from the material being presented.   Ã‚  Ã‚  Ã‚  Ã‚  The first of the two types of organizer is the expository organizer, which primarily focuses the introduction of new material. The second is the comparative organizer, which compares old and new information resulting in students accessing schemas already in their working memory, otherwise know as the â€Å"temporary storage of information that is being processed in a range of cognitive tasks† (Woolfolk, 2004, p. 242). An expository lesson must always elaborate on the advance organizer. Connecting the information back to the organizer should also be utilized in completing the lesson. Identifying qualities such as defining features (required features), exemplars (actual instances), irrelevant features (often present but not relevant), and non-examples will all assist in creating a prototype, or an ideal example, to aid in grasping the concept. The goal is the ability to take the concept and relate it back to th... ...and trees to compare by non-examples. My instructor concluded his lesson by highlighting his organizer and repeating the idea that abstract ideas were all symbols of something. Abstractions are not an actual object itself, as opposed to concrete ideas that are material and solid.   Ã‚  Ã‚  Ã‚  Ã‚  The expository method can be ideal for teaching abstract concepts such as jurisprudence and sovereignty to high school students within a limited amount of time. Through first naming the concept and giving the definition, as well as applying tools such as the advance organizer, a teacher will gain the students attention and allow them to organize their ideas in order to make connections. When teaching a concept, it is best to keep in mind that students will respond most when a concept is taught in a way that is useful and efficient versus being taught in a manner geared only towards answering exam questions. By extending and connecting the concepts in these significant ways, students will be able to focus on the meaning and not on memorization. Sources Cited: http://dictionary.com http://plato.stanford.edu Woolfolk, A. (2004). Educational Psychology (9th ed.). Boston: Allyn and Bacon.

Friday, August 2, 2019

Buddhism as a religion

Buddhism is a religion with a major following of believers from the Far East Nations. These nations are among the most populous countries of the world commanding about three quarters of the world population; with large part of China professing Buddhism it can be regarded as that religion enjoying the largest number of believers. Bearing in mind that many of this nation are (or they were) communists by ideology it is doubtless that establishment of any form of religion has not been easy, and Buddhism has not been an exception.Craik Kenneth: (1943). In this narration two most important names feature-a devoted Buddha who runs away at the time of heightened persecution, and the second one belonging to an American author and artist, George Crane. Tsai ran away from Mongolia as a young Buddhist monk in the wake of attack by the Red Army in 1959. Unfortunately many of the remaining monks are killed in this operation that was meant to do away with the Buddhism religion.According to Tsai, the main character in the Bones of the Master, he ran away to save the teaching of Buddha. Craik Kenneth: (1943). His exodus takes him to Hong Kong and eventually to the United States where, in New York he meets his neighbor and friend George Crane. As they were all working on translation of poems their relationship gets to grow deep despite their age, although it appeared quiet unusual for Crane in the way the Buddha friend expressed his faith.In observing the Buddhism culture to the maximum Tsai seeks to return to Mongolia with the main aim of searching for the bones of his master and also construct a shrine for his master. Tsai also has a statue of the master which was given him by his student of meditation, but this seems so awkward to Crane who fears for its size and weight. Crane feared because with such a massive thing with them they might not even be allowed to go beyond the boundaries of China. In this return journey he asks his friend Crane to accompany him, and the later is more than willing to come along.The land at this moment is still very dangerous for any individual who professes Buddhism as his religion and for this very reason Crane is worried on how they will enter Mongolia, a land which is more obvious that he is the only one remaining of the stock of Buddhist monks. Craik Kenneth: (1943). George Crane (2000), came out to explain the very basic concepts of Buddhism and begins by saying that this religion is built on main principles and one of them is basically that life is about suffering. He notes that human life is centered on striving and attachments and therefore according to Crane it is this struggles that bring about suffering.Futhermore, of utmost importance according to his views is how to overcome this sufferings in which he suggests that the believer should choose the way of the right action and views. At this point, Crane, who most obviously has been influenced by the Buddha practices points out that this actions lead to a path or a way of nirvana or unification with the universe, in which the author says it is about one being in control of her own experiences. Further on Crane says that this path is brought down into four divisions, three of which deal with mental experiences and the remaining one deal with the physical part of the approach.By doing this the author is giving as the insight of the importance of emotions for any believer of the religion of Buddhism. In addition, an individual of the Buddhism faith should act with emotions in addition to his or her mind as a sign of understanding the faith. Concequently, the believer should use the triangle of emotions, imagination and wisdom as a rule of following the right path. This insight therefore makes us to understand that Buddha religion brings an individual to closer understanding himself and the influence of his actions affect his relation with the spiritual world.Death appears to play a central role, an important pillar in the Buddhism philosophy. In fact, according to this philosophy death has never existed because the spirit undergoes a reformation called reincarnation, a kind of a circle involving deaths and births believed to be eternal up to the point of spirit achieving Enlightment and eventually enters nirvana. Another believe is in the idea of Karma which is actually the totality of good and bad deeds associated to an individual during his or her lifetime and which his future life in nirnava.Devotional Practices The Buddhism religion is characterized by a series of practices which are meant to show how devoted the faithful is in the religion. These devotional practices are a sign of veneration expressed before Buddha. Craik Kenneth: (1943). Shrines It is difficult for a Buddhist to worship without the use of shrines. Shrines are special worship points where the image of Buddha is placed and the worshippers bow down around the image during worshipping.For along time Buddha images and shrines have been used as objects of w orshipping and devotion to Buddha – being important in the sense that they are used as objects of inspiration and helps one to remain focused in worship hence showing maximum reverence and gratitude towards the teachings of the Buddha. Images and shrines reminds one of the importance of having perfection in wisdom and compassion in Buddha in addition to the inspirational aspect which serve in developing important qualities as one recalls the majesty of the teachings of Buddha.A Buddhist will tell you that the image in the shrine helps them to be peaceful because when they go to the temple and see the image it helps them to know that there are some peaceful beings elsewhere and they also ought to be so. Psychologically therefore one settles down. Craik Kenneth: (1943). There are several ways in which the faithful of the Buddha show respect to their majesty, the Buddha. This by: Folding palms and placing them on the chest. This action expresses deep respect to Buddha; Dharma an d Sangha.Another way is by Prostration before the image of the Buddha as a sign of showing deep veneration and makes one set to listen to the teachings. Prostration before Buddha helps a Buddhist to focus on the qualities of Buddha which include compassion, patience and wisdom. George Crane (2000). Therefore, the practices employed by Tsung Tsai from USA are the clear ways of showing how devoted he was to his traditional religion. The first expression of the practice is that of meditation. In the travel account we come of the meditation class organized under Tsung Tsai through the of appreciation him by one of his students.The class organized under Buddhist meditation types of the Western world appreciated their teacher on his return to Mongolia by giving him a gift of a statue of Buddha. Possibly they had understood the weight contained in this act of devotion because establishing a shrine for Buddha is the highest form of devotion one expresses to Buddha. George Crane (2000). Mast ers are highly respected among the Buddha because they are the teachers of the traditions, meditations and devotional practices among the monk communities. As an act of devotion therefore there has to be some respect and reverence to masters of the religion.We remember vividly that before Tsung Tsai left for Hong Kong while escaping the massacre he had to visit his master before leaving. While away his master dies, most likely by the bullets of the insurgents, and is buried not in accordance with the proper Buddhist traditions he used to teach. Consequently, Tsung Tsai seeks to come back to accord his master the required burial as per the Buddhist culture. George Crane (2000). Finally we recognize an act of wisdom as a devotional practice. Wisdom is about having a right understanding about all aspects of life, that is, recognition of one’s environment as it is.This act of wisdom is not viewed by Buddhists as any act of intelligence but the way one is refined and with time bec omes freed of ignorance of this religion wisdom is described as a devotional practice where should give in fully to be transformed . Wisdom is achieved through ethical practices and therefore our mental displine is important in the achievement of understanding. To the Buddhists wisdom is very imperative during meditation where one requires clarity of the mind . This is probably the main reason the old master teacher of Tsung Tsai spend times alone in meditation.According to the Buddha wisdom is a characteristic of an enlightened personality and the possessor is compassionate and is likely to operate wisely. George Crane (2000). Conclusion Devotional practices are the basis of any religion and the determinant of how engraved to the acts of the religion one is. To Buddhism in particular they show reverence and respect to the master and his Buddha. Bones of the master is a clear insight to explaining to us the clear insights of the culture of worship evolved behind the curtains of Budd hism. Craik Kenneth: (1943).T sung Tsai can be described as a Cha’n master and monk and is seen as the last Ch’an on earth. Ch’an is a form of Buddhism from Chinese and when it was later introduced in Japan it was renamed as Zen. Therefore a Ch’an monk is associated with the Mongolian or Chinese while the Zen is to Japan. According to Ch’an traditions in Buddhist writings women are accorded the same status as men, and that is why Crane receives a gift from a lama woman and also believed that he was taught the religion by this woman. Craik Kenneth: (1943). Hinduism and Buddhism are closely related religions and evolved together in the Far East.As a result it has been documented that Buddhism and Hinduism a rose from closely related ideas. In addition the early development in the Indian valleys as documented show that there was a strong flow of faith between the two religions such that at one time the Buddha temples were built under the control of Hi ndu kings. Furthermore, the worship through the use of images brings them together in addition to a strong culture embodied in devotional acts of meditation, building of shrines and the role of teachers in the passing of this beliefs to the next generations. Both religions show venerations to many deities. Kadodwala, Dilip. (1995). References Kadodwala, Dilip. (1995). Hinduism. World Religions Series. New York: Thomson Learning, ISBN 1-568-47-377-X. L.C. BL1203.K33. Grades 5Â ­7. Craik Kenneth: (1943). The Nature of Explanation Cambridge University Press. George Crane (2000). Bones of the Master: A Journey to Secret Mongolia Bantam Books, (paperback) 304 pages.

Thursday, August 1, 2019

Research Method Essay

1. What is the problem statement in the following situation? Employee Loyalty Companies benefit through employee loyalty. Crude downsizing in organizations during the recession crushed the loyalty of millions. The economic benefits of loyalty embrace lower recruitment and training costs, higher productivity of workers, customer satisfaction, and boost the morale of fresh recruits. In order that these benefits may not be lost, some companies, while downsizing, try various gimmicks. Flex leave, for instance, is one. This helps employees receive 20% of their salary, plus employer-provided benefits while they take a 6-12 month sabbatical, with a call option on their services. Others try alternatives like more communication, hand-holding, and the like. Problem statement. How can employee loyalty be maintained during periods of downsizing? 2. For the following case titled Sleepless Nights at Holiday Inn (published in Business Week and adapted here): a. Identify the problem b. Develop at least four hypotheses. Sleepless Nights at Holiday Inn Just a few years ago, Tom Oliver, the Chief Executive of Holiday Hospitality Corp., was struggling to differentiate among the variety of facilities offered to clients under the Holiday flagship – the Holiday Inn Select designed for business travelers, the Holiday Inn Express used by penny pinchers, and the Crowne Plaza Hotels, the luxurious hotels meant for the big spenders. Oliver felt that revenues could be quadrupled if only clients could differentiate among these. Keen on developing a viable strategy for Holiday Hospitality which suffered from brand confusion, Tom Oliver conducted a customer survey of those who had used each type of facility, and found the following. The consumers didn’t have a clue as to the differences among the three different types. Many complained that the buildings were old and not properly maintained, and the quality ratings of service and other factors were also poor.  Furthermore, when word spread that one of the contemplated strategies of Oliver was a name change to differentiate the three facilities, irate franchises balked. Their mixed messages did not help consumers to understand the differences either. Oliver thought that he first needed to understand how the different classifications would be important to the several classes of clients, and then he could market the heck out of them and greatly enhance the revenues. Simultaneously, he recognized that unless the franchise owners fully cooperated with him in all his plans, mere face lifting and improvement of customer service would not bring added revenues. Problem Statement: How can brand awareness be brought about to increase the revenues of Holiday Inn? Hypotheses 1. The more differentiated the building facilities, the more the brand awareness. 2. The more differentiated the maintenance of the facilities, the more the brand awareness. 3. The more differentiated the services to the clients, the more the brand awareness. 4. Differentiated building facilities, maintenance, and service will influence brand awareness only if the Franchise owners cooperate and actively promote the idea of differentiation. If they don’t, no amount of differentiation of the three independent variables will help clients to understand the differentiation (increase brand awareness).