Legal Writing

555 P. 2d 696 Supreme Court of New Mexico. Zelma M. MITCHELL, Plaintiff-Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC. , Defendant-Appellant. No. 10847. Oct. 27, 1976. Appeal was taken from an order of the District Court, Bernalillo County, Richard B. Traub, D. J. , reversing a decision of the Unemployment Security Commission and awarding benefits to discharged employee. The Supreme Court, Sosa, J. , held that employee’s insubordination, improper attire, name calling and other conduct evidencing wilful disregard of employer’s interests constituted ‘misconduct’ disqualifying her from receiving certain unemployment benefits. Reversed. Attorneys and Law Firms *576 **697 Heidel, Samberson, Gallini & Williams, Jerry L. Williams, Lovington, for defendant-appellant. Gary J. Martone, J. Richard Baumgartner, Joseph Goldberg, Albuquerque, for plaintiff-appellee. OPINION SOSA, Justice. This case presents the issue of whether petitioner’s actions constituted misconduct so as to disqualify her from certain unemployment compensation benefits. On June 4, 1974, petitioner-appellee Zelma Mitchell was terminated for alleged misconduct from the Lovington Good Samaritan Center, Inc. On June 12, 1974, Mrs. Mitchell applied for unemployment compensation benefits. Finding that Mrs. Mitchell’s acts constituted misconduct, a deputy of the Unemployment Security Commission disqualified Mrs. Mitchell from seven weeks of benefits pursuant to s 59-9-6(B), N. M. S. A. 1953. On July 24, 1974, Mrs. Mitchell filed an appeal. The referee of the Appeal Tribunal reversed the deputy’s decision and reinstated these benefits to Mrs. Mitchell on August 28, 1974. On September 13, 1974, the Center appealed the decision of the Appeal Tribunal to the whole Commission pursuant to s 59-9-6(E), N. M. S. A. 1953. The Commission overruled the Appeal Tribunal and reinstated the seven week disqualification period. Mrs. Mitchell then applied for and was granted certiorari from the decision of the Commission to the District Court of Bernalillo County pursuant to s 59-96(K), N. M. S. A. 1953. On January 16, 1976, the District Court reversed the Commission’s decision and ordered it to reinstate the benefits to Mrs. Mitchell. From the judgment of the District Court, the Center appeals. The issue before us is whether Mrs. Mitchell’s actions constituted misconduct under s 59-9-5(b), N. M. S. A. 1953. Mrs. Mitchell started work at the Center in Lovington on July 4, 1972 as a nurse’s aide. After approximately one year on the job in addition to her normal duties she also served as a relief medications nurse two days per week. On June 4, 1974, she was terminated. The testimony concerning the events leading up to her termination that day is somewhat contradictory but basically is the following. Mrs. Mitchell arrived punctually to work at three p. m. The director of the Center, Mr. Smith, questioned her about why she was already filling in her time card. Mrs. Mitchell answered that she filled in eight hours, which she would work that day as long as she did not ‘break a leg or die. ’ Mr. Smith replied, ‘Well, I’m not so sure about that. ’ Mrs. Mitchell then became defensive and stated that she had supported him when the Director of Nurses, Mrs. Mary Stroope, sought to have him fired as director. Mrs. Stroope, in the vicinity, overheard this comment, denied it, and called Mrs. Mitchell a liar. At various times during this exchange Mrs. Mitchell referred to Mr. Smith, Mrs. Stroope, and others as ‘birdbrains. This occurred in a crowded area where the Center’s employees were checking in and out, so Mr. Smith told both to go into his office. There, Mrs. Stroope apologized to Mrs. Mitchell for calling her a liar and Mrs. Mitchell apologized for saying that Mrs. Stroope had circulated a petition to replace Mr. Smith. However, tempers soon flared again and Mr. Smith resolved to fire Mrs. Mitchell. Mrs. Mitchell then demanded her check. Mr. Smith paid her for that day, a week’s vacation, and another week’s salary for being terminated, which he was not required to do since Mrs. Mitchell failed to give him two weeks’ notice. 577 **698 Appellee Mitchell argues that the events of June 4, 1974, do not constitute misconduct within the meaning of s 59-9-5(b), supra. Appellant Center argues that these events were the last of a series of acts of misconduct, and the ‘birdbrain’ incident should be considered the ‘last straw’ resulting in her termination. Mitchell counters that the prior acts of misconduct should not be considered. The alleged acts of prior misconduct are the following. On April 2, 1974, Mrs. Mitchell went to work at the Center out of uniform (she wore gold pants rather than navy blue). On that day the Federal Regulation Inspectors visited the Center. Mrs. Mitchell stated that she did not know that the federal inspectors would be there that particular day. The Director of Nurses reprimanded her and told her to go home and to change into the proper attire, which Mrs. Mitchell refused to do. The following day Mrs. Mitchell again came to work out of uniform but this time she was directed to go and did go home to change. On May 24, 1974, Mrs. Mitchell was switched from medications to the floor routine. Angered, Mrs. Mitchell refused to give medications, even though the charge nurse and Mrs. Stroope explained to her that the reason for the switch was that she was familiar with both jobs whereas the replacement nurse, Carol Skurlock, was unfamiliar with the floor routine. Mrs. Mitchell stated that she did not like being replaced by a ‘white’ nurse’s aide (Carol Skurlock). Mrs. Mitchell considered herself and Carol to be just ‘birdbrain against birdbrain,’ apparently because neither she nor Carol was a licensed nurse. From May 24 to June 4 Mrs. Mitchell refused to perform her duties as a relief medications aide. On May 15, 1974, and other days, Mrs. Mitchell sang while counting medications and was not very co-operative, which caused Betty Clarke, R. N. , to complain that Mrs. Mitchell’s actions were unethical and time-consuming. The term ‘misconduct’ is not defined in the Unemployment Compensation Law. The Wisconsin Supreme Court in Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N. W. 636, 640 (1941) examined the misconduct subsection of its unemployment compensation act, found no statutory definition of misconduct, and formulated the following definition: . . ‘misconduct’ . . . is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intenti onal and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute. We adopt this definition. Applying this definition of misconduct to the facts of the case before us, we hold that Mrs. Mitchell’s acts constituted misconduct. *578 **699 Mrs. Mitchell’s insubordination, improper attire, name calling, and other conduct evinced a wilful disregard of the interests of the Center. Although each separate incident may not have been sufficient in itself to constitute misconduct, taken in totality Mrs. Mitchell’s conduct deviated sufficiently to classify it as misconduct under the above test. Appellee’s argument that the ‘last straw’ doctrine should not be used is hereby rejected. The district court is reversed and the decision of the Commission is reinstated. McMANUS and EASLEY, JJ. , concur. 764 P. 2d 1316 Supreme Court of New Mexico. Billie J. RODMAN, Petitioner–Appellant, v. NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents– Appellees. No. 17721. Nov. 30, 1988. The District Court, Bernalillo County, Ross C. Sanchez, D. J. , upheld administrative decision denying unemployment compensation to claimant. Claimant appealed. The Supreme Court, Ransom, J. , held that incident precipitating claimant’s termination demonstrated willful disregard for her employer’s interests. Affirmed. Stowers, J. , specially concurred and filed opinion. Attorneys and Law Firms **1317 *759 Juan A. Gonzalez, Legal Aid Society of Albuquerque, Inc. , Albuquerque, for petitioner-appellant. Connie Reischman, New Mexico Employment Sec. Dept. , Albuquerque, for respondents-appellees. OPINION RANSOM, Justice. An administrative decision of the New Mexico Employment Security Department denying unemployment compensation to Billie J. Rodman was reviewed on certiorari by the district court. Rodman now appeals to this Court from the order of the district court affirming the administrative decision. Rodman had been employed by Presbyterian Hospital as a unit secretary for nearly eight years when, on February 17, 1987, she was terminated under hospital personnel policies following a â€Å"third corrective action† notice. Prior restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of work. At issue is whether the misconduct which warranted termination from employment rose to the level of misconduct which would warrant denial of unemployment compensation under NMSA 1978, Section 51–1–7 of the Unemployment Compensation Law. The Department reasonably summarizes the substantial evidence as follows: Rodman was reprimanded in June of 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station, which was disruptive to her own work and to her co-workers. The formal reprimand set forth conditions to prevent further corrective action. Rodman was to have no personal telephone calls during work hours outside of a designated break or dinner time, in which event they were to occur in an area not visible to patients, physicians, or other department staff. When leaving the department for dinner, Rodman was to report to her immediate supervisor and was not to leave the hospital. Rodman was to make every effort to resolve the matters in her personal life that were causing problems at work. Nevertheless, according to the testimony of her supervisor, extremely disruptive telephone calls continued. The doctors were beginning to comment on it. The staff was getting more distressed. According to her supervisor, â€Å"[A]gain we talked about the visits, the behavior at the desk. When it got pretty bad with the phone calls, Billie would slam charts, push chairs and be a little abrupt with the people she worked with. † Another written reprimand in November of 1986 warned Rodman that her job was in jeopardy if the disruptive behavior continued. The supervisor established restrictions prohibiting the claimant from having visitors at the department and instructed her to notify security if there was a potential problem. On February 15, 1987, Rodman began work at 1:00 o’clock in the afternoon. She had spoken to her boyfriend’s mother earlier in the day to tell her that she did not want him to use her car as she had broken off their relationship. The boyfriend’s mother called her at work and told her the boyfriend had her car keys. Rodman told the mother to have the boyfriend call her at work. When he did, she informed him that she could not talk to him at her duty station, and he hung up on her. He called her back and left a number where he could be reached. She left the work area and went to the break room to call him. After returning to her duty station, Rodman got another telephone call from her boyfriend who told her to go downstairs to the lobby to meet him and pick up the keys. When she refused, he told her that if she did not come down he would come up to her department. Claimant eft the department to confront her boyfriend, and, because her supervisor was at lunch in the hospital cafeteria, Rodman notified a co-worker, a registered nurse, that she was leaving. Rodman testified, â€Å"I didn’t want any kind of confrontation at the desk, so I went downstairs. † Before she left her desk, Rodman called the employer’s security guard and asked him to meet her in the lobby because she anticipated that a problem could develop. When Rodman got to the l obby, her boyfriend started yelling and forced her outside. In doing so, he tore her shirt. At this point the security guard arrived and observed them arguing. Rodman was in the passenger seat of her car. The security guard instructed the boyfriend to return the keys, but the boyfriend jumped into the driver’s seat, locked the doors and drove off. About thirty-five minutes later, Rodman returned to her work station, after having changed her torn shirt. She resumed working, but, as the shift progressed, more telephone calls were received for her in the department. The supervisor became frustrated with the volume of calls and the behavior of Rodman. It was determined that Rodman should be sent home. Thereafter she was terminated. The Appeals Tribunal of the Department of Employment Security found on the basis of the evidence that the appellant had proven unwilling to restrict her personal contacts while at work, as requested by her employer. The hearing officer dismissed as without **1319 *761 merit Rodman’s contention that she could not stop her acquaintances from calling or visiting her at work. The hearing officer concluded that Ms. Rodman’s behavior was unreasonable, had caused many problems for her work section, and constituted misconduct connected with work under Section 51–1–7(B). The Meaning of â€Å"Misconduct† in New Mexico’s Unemployment Compensation Law. Given the remedial purpose of the Unemployment Compensation Law, New Mexico courts, like most jurisdictions, interpret the provisions of the law liberally, to provide sustenance to those who are unemployed through no fault of their own, and who are willing to work if given the opportunity. Wilson v. Employment Sec. Comm’n, 74 N. M. 3, 14, 389 P. 2d 855, 862–63 (1963); Parsons v. Employment Security Comm’n, 71 N. M. 405, 409, 379 P. 2d 57, 60 (1963). Like most states, New Mexico also provides that an employee who is determined to have been discharged for â€Å"misconduct† is ineligible for unemployment compensation benefits. 51–1–7(B). Two purposes are served by this statutory bar: first, it prevents the dissipation of funds for other workers; second, it denies benefits to those who bring about their own unemployment by conducting themselves with such callousness, and deliberate or wanton misbehavior that they have given up any reasonable expe ctation of receiving unemployment benefits. Given the remedial purpose of the statute, and the rule of statutory construction that its provisions are to be interpreted liberally, the statutory term â€Å"misconduct† should not be given too broad a definition. Accordingly, in adopting the majority definition of the term, this Court wrote in Mitchell v. Lovington Good Samaritan Center, Inc. , 89 N. M. 575, 577, 555 P. 2d 696, 698 (1976): â€Å"[M]isconduct† * * * is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability * * *. M]ere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed â€Å"misconduct† within the meaning of the statute. Where an employee has not acted with the requisite degree of â€Å"fault† under Mitchell, he or she has not sacrificed a reasonable expectati on in continued financial security such as may be afforded by accrued unemployment compensation benefits. It is therefore possible for an employee to have been properly discharged without having acted with such willful or wanton disregard for an employer’s interests as would justify denial of benefits. This Court recognized in Alonzo v. New Mexico Employment Security Department, 101 N. M. 770, 689 P. 2d 286 (1984), that even an act of willful disobedience which leads to termination will not always rise to the level of â€Å"misconduct† when the act is an isolated incident in an otherwise favorable employment history and the incident does not cause a significant disruption of the employer’s legitimate interests. Trujillo v. Employment Sec. Dep’t, 105 N. M. 467, 472, 734 P. 2d 245, 250 (Ct. App. 1987) (where employment contract gave employer the right to draft employees to work overtime in emergency situations significantly affecting the employer’s interests, it was â€Å"misconduct† for appellees to have refused to report for overtime work). Alonzo and Trujillo demonstrate that there are two components to the concept of misconduct sufficient to justify denial of benefits. One is the notion that the employee has acted with willful or wanton disregard for the employer’s interests; the other is that this act significantly infringed on legitimate employer expectations. *1320 *762 Totality of circumstances and the â€Å"last straw† doctrine. Often, the courts have been confronted with a series of minor infractions by the employee, where each incident showed a willful disregard of the employer’s interests, but no single incident was serious enough to justify denial of benefits. In su ch cases, courts have applied a â€Å"totality of circumstances† or â€Å"last straw† test to determine whether, taken together, this series of incidents constitutes misconduct sufficient to disqualify the claimant from receiving benefits. Mitchell v. Lovington Good Samaritan Center, Inc. 89 N. M. 575, 555 P. 2d 696 (1976). Rodman recognizes the â€Å"last straw† doctrine, but contends that the district court erred in applying the rule in this case because her infractions of February 15 were the result of acts of third parties over whom she had no physical or legal control. Appellant contends that she may not be denied unemployment benefits where the â€Å"last straw† which led to her termination was not willful or intentional, especially where, under the employer’s personnel policy, she could not have been discharged at all before this final incident. The Department contends that it is immaterial whether the precipitating act was a willful or intentional violation of the employer’s rules, where the record indicates that the claimant had a history of previous acts which demonstrate a willful or wanton disregard for the employer’s interests, and the employer discharged the employee for the accumulation of events, including the precipitating event. Fort Myers Pump & Supply v. Florida Dep’t of Labor, 373 So. 2d 429 (Fla. Dist. Ct. App. 1979). Although Fort Myers does offer support for the appellee’s position, we believe termination for a series of incidents which, taken together, may constitute â€Å"misconduct† is distinguishable from termination for a single incident following one or more corrective action notices. In the latter event, as here, we hold that the â€Å"last straw† must demonstrate a willful or wanton disregard for the employer’s interests for unemployment benefits to be denied. If substantial evidence existed that Rodman’s conduct on February 15, considered in light of the totality of ircumstances including her previous history of personal phone calls and unauthorized visitors, showed a willful or wanton disregard for her employer’s interests, then Rodman’s benefits were properly denied. Although the evidence in this case is amenable to more than one reasonable interpretation, we conclude that there was a substantial basis for the district court to decide t hat Rodman’s actions on February 15, when considered in light of the restrictions which had been placed upon her and her previous failure to comply with those restrictions, demonstrated a willful disregard for her employer’s interests. Therefore, the decision of the district court is affirmed. IT IS SO ORDERED. WALTERS, J. , concurs. STOWERS, J. , specially concurs. 769 P. 2d 88 Supreme Court of New Mexico. In re Claim of Lucy APODACA. IT’S BURGER TIME, INC. , Petitioner–Appellee, v. NEW MEXICO DEPARTMENT OF LABOR EMPLOYMENT SECURITY DEPARTMENT, BOARD OF REVIEW and Lucy Apodaca, Respondents–Appellants. No. 17952. Feb. 22, 1989. Employer filed writ of certiorari to challenge Employment Security Department’s award of unemployment compensation to fast-food restaurant employee who refused to retint her purple hair. The District Court, Dona Ana County, Lalo Garza, D. J. reversed award of benefits. Employee appealed. The Supreme Court, Ransom, J. , held that evidence supported Department’s award of benefits. Reversed and remanded. Attorneys and Law Firms **89 *176 Jose R. Coronado, Southern New Mexico Legal Services, Inc. , Las Cruces, Connie Reischman, New Mexico Dept. of Labor, Albuqu erque, for respondents-appellants. Kelly P. Albers, Lloyd O. Bates, Jr. , Las Cruces, for petitioner-appellee. OPINION RANSOM, Justice. A determination by the Board of Review of the New Mexico Employment Security Department awarding unemployment compensation to Lucy Apodaca was reversed by the district court on certiorari. Apodaca appeals the district court decision, arguing that the court erred in finding the administrative determination was unsupported by substantial evidence and was contrary to law. We conclude substantial evidence supports the Board of Review decision that the conduct leading to Apodaca’s termination did not constitute misconduct warranting denial of unemployment compensation under Section 51–1–7(B) of the Unemployment Compensation Law. Accordingly, we reverse the district court. Apodaca was employed as a counter helper from August 1986 to August 1987 with It’s Burger Time, Inc. Apodaca’s supervisors had no complaints concerning the performance of her work. Several times during the summer of 1987, Apodaca approached the store manager, John Pena, to ask how the owner, Kevin McGrath, would react if she were to dye her hair purple. Pena did not at first take the question seriously. When Apodaca persisted, Pena told her that he would have to ask McGrath. Apparently, he never did so. After several weeks, Apodaca went ahead and dyed her hair. McGrath saw Apodaca’s tinted hair for the first time at work two days later. He instructed Pena to give Apodaca a week to decide whether she wanted to retain her new hair color or her job. In a letter to the Board of Review, McGrath wrote that he had a good sense for community standards and believed he could not afford to wait until â€Å"this incident [took] it’s [sic] toll on my business. † Apodaca had signed the company handbook upon being hired, which instructed employees about acceptable hygiene and appearance. The handbook said nothing specific about hair color. Pena relayed McGrath’s message to Apodaca and suggested she make up her mind quickly so he could find someone to replace her if necessary. Two days later, Apodaca told Pena she had decided to keep her hair the way it was. She was then terminated and applied for unemployment benefits. The Department initially determined that Apodaca was ineligible for compensation because she had been terminated â€Å"for refusing to conform to the standards of personal grooming compatible with the * * * work [she was] performing. † The claims officer concluded this constituted misconduct under Section 51–1–7(B). Apodaca appealed to the Appeals Tribunal, which affirmed the denial of her benefits after a hearing. She appealed the Tribunal’s decision **90 *177 to the Department’s Board of Review. After reviewing the record of the hearing, the Board concluded that the employer failed to show how the color of Apodaca’s hair affected its business; therefore, her refusal to return her hair to its original color did not rise to the level of â€Å"misconduct† required for denial of her benefits. For review of the Board’s decision, the employer filed a writ of certiorari with the Dona Ana County District Court. The district court determined Burger Time’s request to Apodaca to change the color of her air was reasonable and enforceable and Apodaca’s refusal of that request was misconduct. The court concluded that the Board of Review’s decision was not supported by substantial evidence and was contrary to the law and reversed the decision granting Apodaca her benefits. This appeal followed. In reviewing the district court decision, we look first to see whether the court erred in concluding that the Department’s decision was unsupported by substantial evidence. Because we conclude that the court erred in this determination, it is unnecessary for us to examine the findings and conclusions adopted by the court. Misconduct and the employer’s interest. Both Apodaca and Burger Time agree that the definition of â€Å"misconduct† as used in Section 51–1–7(B) is to be found in this Court’s opinion in Mitchell v. Lovington Good Samaritan Center, Inc. , 89 N. M. 575, 577, 555 P. 2d 696, 698 (1976): â€Å"[M]isconduct† * * * is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability. * * [M]ere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed â€Å"misconduct† within the meaning of the statute. Apodaca d oes not deny that her refusal to redye her hair was an intentional and deliberate act. At issue in this case is whether an employee who refuses to alter her personal appearance in conformity with the employer’s personal beliefs about acceptable community standards has engaged in misconduct. The employer argues, and the district court apparently agreed, that so long as the request is reasonable and the employee is given adequate time to comply, refusal amounts to â€Å"insubordination and misconduct. † We disagree. In Alonzo v. New Mexico Employment Security Department, 101 N. M. 770, 772, 689 P. 2d 286, 288 (1984), we recognized that termination for an isolated incident which does not â€Å"significantly affect[ ] the employer’s business† may not form the basis for denial of benefits on the grounds of misconduct. In Alonzo, an employee was terminated after refusing to wear a smock when working at the cash register as required by company policy. Id. at 771, 689 P. 2d at 287. As here, the employee’s previous work history was completely satisfactory, and there was no evidence that the employer’s business interests had been affected. Alonzo should be compared with Trujillo v. Employment Security Department, 105 N. M. 467, 471–72, 734 P. 2d 245, 249–50 (Ct. App. 987), which held that failure to report for overtime work pursuant to an employment contract provision allowing the employer to draft employees in emergency situations constituted misconduct, when the evidence demonstrated that the orders directing employees to report early to work were explicit and not confusing. In Trujillo, unlike Alonzo, failure to comply with the employer’s request was recognized as having significantly affected the employer’s interest. See also Thornton v. Dep’t of Hum an Resources Dev. , 32 Cal. App. 3d 180, 107 Cal. Rptr. 92 (1973) (refusal of restaurant employee to shave beard immediately or be terminated was not misconduct when employer failed to show that beard was unsanitary or otherwise detrimental to business); cf. Lattanzio v. Unemployment Comp. Bd. of Rev. , 461 Pa. 392, 336 A. 2d 595 (1975) (claimant’s refusal to report back to work was for good cause when employer demanded he shave beard but no evidence supported contention that requested alteration in appearance was essential to performance of duties other than employer’s vague assertion that claimant’s â€Å"modish† appearance might reflect unfavorably on business). In this case, there is absolutely no evidence that the color of Apodaca’s hair significantly affected Burger Time’s business. McGrath and Pena both testified they received no customer complaints regarding the color of Apodaca’s hair. Apodaca’s immediate supervisor, testifying in her behalf, reported that the only comments she heard were compliments and that Burger Time’s customers had readily registered complaints in the past when they found something amiss. Under these circumstances, the Board of Review could properly decide that Apodaca’s refusal to retint her hair did not rise to the level of misconduct. Burger Time argues that none of our previous cases require an employer to demonstrate its business was affected by an employee’s refusal to comply with a request from the employer. However, it is well established in New Mexico that the party seeking to establish the existence of a fact bears the burden of proof. See Newcum v. Lawson, 101 N. M. 48, 684 P. 2d 534 (Ct. App. 1984); Carter v. Burn Constr. Co. , 85 N. M. 27, 508 P. 2d 1324 (Ct. App. ), cert. denied, 85 N. M. 5, 508 P. 2d 1302 (1973); Wallace v. Wanek, 81 N. M. 478, 468 P. 2d 879 (Ct. App. 1970); cf. Moya v. Employment Sec. Comm’n, 80 N. M. 39, 450 P. 2d 925 (1969) (when claimant sought to establish that he ought not be disqualified from receiving benefits because the position for which he refused to interview was not suitable employment, he bore burden of proof on this issue). In this case, pursuant to Department regulations requiring an employer to report why a claimant was fired or have that claimant’s benefits charged against the employer’s account, Burger Time submitted a letter stating that Apodaca refused to comply with company grooming standards. At each subsequent stage of the administrative process and before the district court, Burger Time sought to establish that Apodaca was terminated for misconduct. It therefore fell upon Burger Time to show that Apodaca’s refusal to change the color of her hair amounted to misconduct under the standard considered in Alonzo and Trujillo. This, Burger Time failed to do and thus failed to meet its burden of proof. Moreover, Apodaca presented uncontroverted testimony that no customers complained, and some complimented her for her hair. We do not question Burger Time’s right to establish a grooming code for its employees, to revise its rules in **92 *179 response to unanticipated situations, and to make its hiring and firing decisions in conformity with this policy. However, as we noted in Rodman, â€Å"It is * * * possible for an employee to have been properly discharged without having acted [in a manner] as would justify denial of benefits. † 107 N. M. at 761, 764 P. 2d at 1319. 2 Definition of misconduct and the right to terminate. Although not directly presented on appeal in this case, we note that in their decision letters both the Appeals Tribunal and the Board of Review used the following definition: â€Å"The term ‘misconduct’ connotes a material breach of the contract of employment or conduct reflecting a willful disregard of the employer’s best interests. (Emphasis added. ) We rejected this definition in Rodman, 107 N. M. at 763, 764 P. 2d at 1321, as inconsistent with the Mitchell standard requiring a willful or wanton disregard of the employer’s interests. The use of the term â€Å"or† implies that any breach of the employment contract sufficient to warrant discharge of the employee serves as adequate grounds for denial of benefits, whether or not the employee acted in a willful or wanton manner. Where an employee has not acted with the requisite degree of ‘fault’ under Mitchell, he or she has not sacrificed a reasonable expectation in continued financial security such as may be afforded by accrued unemployment compensation benefits. † Id. at 761, 764 P. 2d at 1319. The decision of the trial court is reversed, and this case is remanded for entry of judgment consistent with the decision of the Board of Review. IT IS SO ORDERED.

Lying in Business Essay

Q.1: It is not always okay to lie in a business context. However, there will be very less specific circumstances that lies will be okay. Some time there will be the situation where we can lie it may be the case of help to others . In a business context, it might be okay, if liars have good purposes. For example, they are lying because they want to avoid a risking investment of the investor, and they are lying because they want to help the company from a bankruptcy. In short, it is okay to lie in a situation that lairs want to enhance business. But liars have to verify that it is not for their benefit, and it doesn’t interfere others in which they are involved. Q.2: It is not fair at all, if the managers fire their employees without thinking what the natures of the lie are. The lie may be have some advantage therefore manager should notice the outcome if not so then there will be many kinds of punishment given to the employees but fired is not only the solution. Some time employees knows the reason better than manager and have not to tell the manager because the managers might not understand the nature of the problem, and they will against the decisions. Sometimes, only the person who involved in the problem would understand the problem. Q.3:Â  Withholding information for your own advantage is the same as lying or not. It will be depended on the nature of the information. If the information is about deal or not deal, life or death, is basically a type of lying. The information itself will be interfered another parties and cause casualty damages to them, and the withholding party can gain benefit instead. However, if the information is for one’s party advantages but it does not interfere another party at all, this hidden information will not be considered as lying because the information is not necessary mean to another party. Q.4: In a business context, if someone has something to gain by lying, in my point of view there might be 90 to 95 percent of people. Because it is the nature of human beings when they see their benefit or they are gaining by lying then they don’t thought ever that it is wrong or it is against ethics. They are taking risk and have aggressive approach to have or to make more and more profit.

Organization Development Essay Example | Topics and Well Written Essays - 1500 words - 1

Organization Development - Essay Example Therefore, it is indeed beneficial to understand the organization’s performance well in order to identify its most viable opportunities. The cosmetic organization has been in operation for the past three years, and over the years, it has managed to establish a steady graph of improved performance each year. Despite this success, the managers of the organization have identified that the organization still has the potential to perform much better. The marketing department of the organization has realized that most of the customers are requesting a variety of the cosmetic products. Therefore, this is one reason as to why the organization needs to undertake the process of organizational development. One other reason for organizational development is seeking to acquire current technology and diversify its operations according to the acquired technology. The management has also noted that the company has the potential to improve the quality of its products by changing its operational procedures. Therefore, organizational development will act as a key direction of acquiring the new operational procedures. Being an organization that deals with cosmetics, the company covers a wide variety of clients, ranging from young people to the aged, both male and female. Therefore, this implies that the process of organizational development will affect a large number of people. From the data collected in the markets covered by the organization, the customers expect that the organization will develop a new variety of products after the development process. The clients also expect that the organizational development will not lead to fluctuation or hiking of prices. It is also the expectation of buyers that the development process will be able to accommodate each and every user of the cosmetic products. Users of the old products also expect that the organization will still continue supplying them even

Differences nuclear power between france and germany Research Paper

Differences nuclear power between france and germany - Research Paper Example The first usage of the nuclear energy was to use it as a weapon and the nuclear bomb was thrown on Hiroshima and Nagasaki in 1945. The World War took a massive step in the history of nuclear energy research and the need of nuclear technology. Nuclear technology was required for the need of making the atom bomb. There was a race between all the powers to use this form of energy to deadly effects. America won and became the first to introduce it on the grander stage. Later as the war ended the race for nuclear technology did not end introducing a new usage for nuclear power-energy. France initially was extremely motivated towards the race of atomic warheads and weapons. However, in the field of energy development France did not concentrate much effort until the first oil supply shock of 1973. After the shock the government decided to concentrate solely on expanding the country’s nuclear power capacity. This decision was taken by the government looking at the fact that France had the engineering expertise and capacity but had very few other energy sources. Nuclear energy was a viable option because of its low output cost and high efficiency if managed effectively. (World Nuclear Association, 2011) Like many other countries Germany started the pursuit of nuclear energy in the 1950s. However, in the decade Germany was only able to develop a few reactors and none of them was on a commercial scale. Between 1960 and 1970 none of the reactors introduced be Germany could produce more than 1000 MW. The first commercial nuclear power station was introduced in 1969. First the reaction of the French will be analyzed. The survey commissioned by the state electricity producer EDF has conducted March 15 and 16 after earthquake in Japan on March 11. 1000 sample, 55 percent said they did not support the argument that the most important French Green Party to abandon nuclear energy. About 42 per cent is worth it. (Reuters, 2011) CÃ ©cile Duflot, leader of the Green Party

Illustrated Great Decisions of the Supreme Court Essay

Illustrated Great Decisions of the Supreme Court - Essay Example It has been a very critical issue to decide what should be taught in schools and what should not be. While selecting the course content, according to the American constitution, it must be kept in view that the school kids must not effect because of the course content. The religious context is critical in a sense that it must need to take in the view as secularism. A very famous legal case which was heard at US Supreme Court against the propaganda of teaching the creation science in public schools; the both of the issues are close enough because the critique is based upon religion and needs a back from constitution and needs logical pro constitution arguments in order to support or dis-support the teaching of intelligent design theory (Mauro, 2006). Before coming to any of the concrete or solid point of logic, let us get an idea about a brief introduction of intelligent design theory. It is defined by the discovery institute and it is the answer to some creationism (creation sciences). By the institute it was defined as the causal effect of intelligence while the universe was being assembled; for instance, it describes that the certain factors and aspects of the universe were not emerged due to naturalism (Shanks, 2004). It is a question (in other words) on the presence of God, it supports to the intelligence and logic. It is because the institute and supporters of the theory reveal it as evidence-based theory rather than a religious critique (or religious based) (Idea center). In the legal hearing which was heard in 1987 and well known as Edwards v. Aguillard (1987) which barred the teaching of creation science in public schools. It was a decision which was taken by the Supreme Courts of the United States.  

Philosophy, The Ultimate Knowledge and Wisdom Essay

Philosophy, The Ultimate Knowledge and Wisdom - Essay Example Numerous writers, philosophers, thinkers and the life have attempted to delve into this subject, to gain the wisdom that one yearns for. This essay attempts to highlight the spiritual quest and knowledge provided by Plato and Thoreau, in their books 'Socrates' and 'Walden Pond', respectively. The approaches adopted by both these great thinkers, vary considerably and it is this variation that diversifies one's thinking and contemplation over the different paths chosen, that enriches our reading experience and knowledge, as well. Plato's 'Socrates' does put forth the teachings of the Greek philosopher, in the form of dialogues between him and his pupils. Through this book, he put forth his philosophy that in one's life, man must be virtuous and true to ethics and morals. When faced with duality of circumstance, he must most certainly choose the path that leads to an ethical conclusion. He says that 'Virtue is Knowledge'. One is considered knowledgeable when one knows what is virtuous. If one knows what is virtuous, one would follow the virtuous, which is morally acceptable.

English Essay Example | Topics and Well Written Essays - 500 words - 38

English - Essay Example We aim to acquire, collect and present to our customer the finest works of art available on the market scene in a variety of media and concepts as well as supplying art materials to our customers.† â€Å"Our vision is to expand our business into promoting a strong arts education and arts appreciation for our customers, the general public and educational institutions with interest in art. We aim to develop and integrate our brand (ABCs) into a household name in the art market.† The aim of the company is to gain a considerable market share through a differentiation strategy, maintain healthy terms with the Artists working for the company to ensure long term relationships and to create and sustain an effective and aggressive marketing, which will be the main key to the company’s success. ABC also aims at providing a fully interactive and real time website to be developed gradually from the basic eCommerce website. This is the basic plan for the set of up of a new business in the field of art. Hence this is a very effective and positive business plan which has been well thought out and planned and can be implemented with a lot of

Business Management (Forum Post and Reply) Essay

Business Management (Forum Post and Reply) - Essay Example Personal planning involves setting up objectives for personal life. An example would be a plan to lose weight or start exercising. Another example of personal planning is to allocate time for family, friends, and work so that work life balance can be achieved. Planning and organizing are different in the sense that planning involves setting up future goals and actions plans while organizing has more to do with arranging resources in order to achieve those goals. Organizing in management means to assemble resources to implement the action plan that is designed in the planning process. It is, therefore, safe to say that both planning and organizing complement each other. My former boss always kept himself involved in the work of employees. His involvement was appreciated by employees because one can always turn to him for help. My former boss also took responsibility for his subordinates which is why everyone liked him. He also encouraged debate and consulted everyone before taking decisions like setting up night shifts. This is another positive leadership trait because it is essential to keep everyone on board. One negative leadership trait of my former boss was that he was tough on bad performance. This is a negative trait because he used to lose his temper sometimes while talking to employees regarding performance issues. Another good leadership trait was that he was decisive and never got confused in making decisions. This is a must in every leader because this separates a leader with a follower. Being decisive is important to move forward for a leader and this is why it is a positive trait (Schyns & Meindl, 2006, 279). My former company used control tools like traditional feedbacks to inform the subordinates regarding their position and performance in the company. This feedback was given verbally by immediate supervisors and the whole process was not very formal. I would give a grade B to the feedback process of my former company

Hydraulic Fracking Essay Example for Free

Hydraulic Fracking Essay This paper explores the hydraulic fracturing process, exactly what it is, what the fracturing process does to the earth and the surrounding environment in addition, to the consequences. Hydraulic fracturing is fracturing of rock by pressurization. This process by which oil and natural gas can be forced from the earth. The hydraulic fracturing process takes millions of gallons of clean water, sand, chemicals and pumps them underground at high pressure to break apart rock to release gas and or oil. My research has led me to the discovery that there are as many proponents for fracking as that are those that oppose the process. One thing no-one can deny or easily hide is that once the damage is done and something has gone wrong, the evidence usually speaks volumes that this is not something we should be doing to our planet or its people. The diagram on page 3 outlines the process defined as fracking for an easier understanding of how invasive the process is to the environment. Hydraulic Fracking Research Paper and Why the process of Fracking is bad for our environment Hydraulic fracturing experimentation started in 1947 and it had its first commercially successful applications by 1949, so it has been around for a long time. In twenty-thirteen, it is estimated that well over sixty five percent of all new oil and gas wells worldwide are using the process of hydraulic fracturing. Hydraulic fracturing, has allowed the United States to tap into domestic sources of natural gas and oil that were previously not economical to extract from such as shale beds. This has created numerous economic benefits for communities and governments in a time of economic instability. Hydraulic fracturing Scientists are worried that the chemicals used in fracturing may pose a threat either underground or when waste fluids are handled they are sometimes spilled on the surface which can cause site contamination or find its way back to water clean water. The natural gas industry defends hydraulic fracturing, or fracking as safe and efficient. Thomas J. Pyle, president of the Institute for Energy Research, a pro-industry non-profit organization, claims fracking has been â€Å"a widely deployed as safe extraction technique,† dating back to 1949. What Mr. Pyle fails to explain is that until recently energy companies had used low-pressure methods to extract natural gas from fields closer to the surface than the current high-pressure technology that extracts more gas, by digging to deeper levels and it also uses significantly more water, sand and chemicals. There have been serious environmental impacts associated with the process which has raised public concern. At this point, a causal relationship has not been established but increasing attention opens the possibility that further government action could be imminent regarding the practice. According to Baumgartner and Jones’s Punctuated Equilibrium theory, policy processes are generally characterized by stability and incrementalism in the subsystem level of government, but occasionally if enough attention can be garnered toward an issue, then large scale change can occur. Thus far, policy regarding hydraulic fracturing has been incremental and mainly consists of agency rules and state regulations. However, it can be argued that if a definite relationship can be established between fracking activities and public health risks, then the likelihood of a major punctuation occurrence would increase and allow for significant policy change on a national level regarding this issue. The issue is being brought to the forefront due to the changes in the fracking process, the original method forced fluid down a vertical shaft to create fissures in the bedrock to release more gas or oil but this method limited extraction to directly under the well. Now, the current method forces fluid under extreme pressure down a vertical shaft with horizontal or directional sections that allows for extraction from a wider area within the formation. The pressure and fluid create fracture systems that allow the natural gas or oil to move more freely from rock pores to production wells that bring it to the surface. The fluid used is mainly composed of water (ninety percent), propping agents (such as sand account for nine percent) and chemicals (point five percent). The specific make-up and combination of chemicals is often considered confidential or a â€Å"trade secret† by many companies. The Democratic Congressional Committee on Energy and Commerce found that 750 different chemicals are used in fracking and range from harmless substances such as salt and citric acid to extremely toxic ones such as lead and benzene. Assertions have been made that the chemicals used may be contaminating water sources and causing air pollution however, confirming the pollution is a result of fracking has been difficult. The line is very light gray it has been difficult to prove the relationship which has contributed to allow the industry to operate with minimal regulations until recently. According to the American Petroleum Institute (API), fracking has produced 600 trillion cubic feet of natural gas and 7 billion barrels of oil and is projected to account for 70% of future natural gas development. Natural gas is considered by some to be a â€Å"bridge† fuel that will allow for the transition from petroleum to alternative fuels. Over its full cycle of production, distribution, and use, natural gas emits just over half as many greenhouse gas emissions as coal for equivalent energy output,† wrote the Worldwatch Institute. The promise of a significant domestic energy supply is extremely attractive as the nation strives to find a way toward energy independence. Fracking has also been touted as a job creator and economy stimulator. American Petroliem Institute (API) estimates that the development of the Marcellus fairway (which covers Pennsylvania, New York, Ohio, and West Virginia) could generate 300,000 new jobs, over $6 billion in federal, state, and local tax revenue and nearly $25 billion in value added to the economy by 2020. In the northern part of South Texas Eagle Ford Shale, Exco Resources will acquire about 55,000 net acres in Zavala, Dimmit, La Salle and Frio counties. The properties contain 120 producing wells that had average net daily production of 6,100 barrels of oil equivalent during May. Chesapeake Energy Corp. plans to sell assets in the Eagle Ford and Haynesville shales to Dallas-based Exco Resources for $1 billion. According to the American Chemistry Council, fracking has decreased the price of natural gas which has resulted in more industrial companies choosing to keep their business in America. Investments from these companies could hit $16 billion and create 17,000 direct jobs and 400,000 indirect jobs. However, these economic benefits need to be balanced against potentially negative environmental impacts including water contamination and air pollution that could cause serious health concerns. Problems with Hydraulic Fracturing Fresh water is one of the most precious resources on earth and also a very scarce one. Fresh water makes up only 2. 5% of all the water on earth and of that, 1. 3% is surface water and 30. 1% is groundwater. The rest is in the form of ice and snow in either glaciers or ice caps, according to the United States Geological Survey. Water is necessary for life on earth, it is extremely critical that it be protected from harmful pollution. Allegations have been made that fracking has led to the contamination of both surface and groundwater sources. Groundwater consists of all water located below the surface. Fracking activities have been linked to ground water contamination in a variety of ways. Most fracking happens at about 8,000 feet below the surface depending on the geological makeup of the area, while most underground water aquifers are located about 1,000 feet below the surface. Fracking proponents argue that there is no way for the contaminants to migrate due to the significant space between the activity and the aquifer. However, the composition of the earth may be extremely porous, have natural fissures or fractures that would allow contaminants to migrate. Combine a porous formation with the extreme pressure used in the fracking process and the potential for migration increases. One particular worry is methane gas, which occurs naturally in the earth, and is released in concentrated amounts when the fracking process breaks apart the rock formations. According to a study done by the National Academy of Sciences, methane gas concentrations in drinking water wells increased with the proximity to the nearest gas well at levels that had the potential to be an explosion hazard, in comparison to dissolved methane samples in wells next to nonextraction sites. In Dimock, Pennsylania, the study found that some residents’ water wells that were in close proximity to where fracking activities were known to be happening had their wells explode or their water could be lit on fire due to concentrated levels of methane gas. In Texas, several cities and surrounding counties of Lubbuck, Weatherford, Beaumont and Ft Worth have complained of methane contamination in drinking water. Levels are confirmed up but the cause has not yet been determined. Another possible point of aquifer contamination is in the construction itself. Oftentimes, the shaft is drilled down through the aquifer on its way to the shale formations below. If the shaft is poorly constructed, there is potential for the fracking fluid to leak directly into the aquifer as it is going down or coming back up as flowback. Contamination to ground water can also come from the fracking wastewater that is brought back to the surface. Once it has been used, it can be disposed of in an injection well. Currently, this waste is considered â€Å"oil/gas waste† and not â€Å"hazardous waste† so it is not subject to the stricter disposal guidelines associated with the hazardous distinction which leaves the potential for hazardous chemicals to reach groundwater sources if the injection well is poorly constructed. Besides ground water contamination, fracking activities have been blamed for surface water pollution as well. Surface water consists of all fresh water on the surface of the earth usually in rivers, streams or lakes. Fracking creates millions of gallons of wastewater that is extracted back to the surface in the recovery of the oil and gas. Typically, the flowback is treated by waste water treatment plants and released back into surface waters but is only tested for tier 1 2 chemicals, not tier 3 which are volatile chemicals. If they cannot dispose of it in this manner, some companies will utilize large â€Å"containment ponds† which are lined and used to hold the wastewater while it evaporates. Recently in Texas fracking operations have been blamed on recent increase in air pollution, perhaps these containment ponds are the issue. The liners are typically plastic and sometimes crack or get damaged which allows the contaminated fluids to leach into ground or surface water. Another potential danger comes from plugged wells. During the fracking process, large amounts of pressure is used and if the cement plug used to close the well is not sealed properly, there is a risk of it exploding and spewing the fracking chemicals into nearby surface water. In some areas, naturally occurring radioactive elements, such as radium, have been found in concentrated levels in local waterways due to fracking activities. In addition to water contamination, there have been serious allegations of air pollution caused by fracking activities. Natural gas fracking extraction emits greenhouse gases, smog-inducing compounds and potential carcinogens causing health and environmental concerns. Increased levels of methanol, formaldehyde, carbon disulfide, and benzene have been found near fracking sites. These pollutants are known to cause asthma attacks, cancer, and even premature death. Some airborne pollutants from fracked gas wells, like volatile organic compounds, can react with sunlight to create smog. Loopholes The Energy Policy Act of 2005 exempted hydraulic fracturing from the restrictions and standards of the Safe Drinking Water Act (SDWA). It created the â€Å"Halliburton Loophole† which prohibited the EPA from regulating the injection of fracking fluids under the SDWA except in cases where diesel is used. Since the exact chemicals used in fracking are often considered proprietary by the industry so it is difficult to ascertain when or if diesel is used in a fracking operation. Some companies have chosen to disclose the chemicals they use on www. fracfocus. org. While this is an encouraging first step, it is entirely voluntary at this time on private land. The Department of the Interior has mandated that companies drilling on public and Indian lands will be required to disclose chemicals used in hydraulic fracturing operations. The new rules also set standards for proper construction of wells and wastewater disposal. These rules could serve as a model for state regulators. Some states such as Wyoming, Michigan, and Texas, have been proactive and required full public disclosure of fracking fluid chemical constituents. The other federal law that governs water is the Clean Water Act which authorizes the National Pollutant Discharge and Elimination System to provide permits to companies who dispose flowback into surface waters. Currently, flowback that is released back into surface water is not tested for volatile organic compounds which can cause cancer or birth defects in humans. The Clean Air Act allows the EPA to regulate industry emissions into the air to protect its quality and the stratospheric ozone layer. According to an April article in USA Today, the EPA released first-ever air pollution rules for â€Å"fracking† wells, requiring that drillers burn or capture the gas and its smog-producing compounds that are released when wells are first tapped. The rules went into effect in June of 2012 but have a two year transition period. During that time, drillers may burn off the gas and chemicals but will need to move towards capturing them (called â€Å"green completions†). EPA estimates that this will cut 95% of the smog-related chemicals that are released by fracking wells. Given the lack of a definitive link between fracking activities and public health risks, fracking was allowed to develop with minimal regulations for decades because it was not on the public radar. It has only been in the last few years that the practice has come under scrutiny due to the increased usage of fracking and the undeniable potentially harmful impacts of the practice. Therefore, until it can be proven that the danger to human health posed by the environmental impacts of the practice can be shown beyond a doubt, fracking is going to continue. However, there needs to be more regulation of the industry and monitoring of the impacts of the practice to ensure that it is done in a safe manner. . If this happens, the likelihood for policy favoring more vigorous regulation of hydraulic fracturing is greatly increased. However, if there continues to be ambiguity and questions raised by proponents of fracking the changes will likely be small and incremental on the subsystem level. The response by the industry and its political allies to the scientific studies of the health and environmental effects of fracking â€Å"has approached the issue in a manner similar to the tobacco industry that for many years rejected the link between smoking and cancer,† say Drs. Bamberger and Oswald. Not only do they call for â€Å"full disclosure and testing of air, water, soil, animals, and humans,† but point out that with lax oversight, â€Å"the gas drilling boom . . . will remain an uncontrolled health experiment on an enormous scale. † References Bibliography of Works Cited: http://earthjustice. org/our_work/campaigns/fracking-gone-wrong-finding-a-better-way? gclid=CJ-tqOHWr7gCFWFp7Aod9GAAFw http://geology. com/articles/hydraulic-fracturing/ http://lubbockonline. com/filed-online/2012-10-19/methane-found-drinking-across -us-brings-concern-lubbock community#. UeMaf6Uo5Ms http://psehealthyenergy. net/data/Bamberger_Oswald_NS22_in_press. pdf www. coalitiontoprotectnewyork. org http://www. counterpunch. org/2012/03/19/the-perils-of-fracking/ http://www. marcellusoutreachbutler. org/ http://www. provostumphrey. com/blog/2013/01/texas-man-finds-benzene-and-methane-in-his-drinking-water. shtml http://www. scribd. com/doc/97449702/100-Fracking-Victims http://stateimpact. npr. org/texas/2012/08/07/frackings-link-to-smog-worries-some-texas-cities/ http://www. propublica. org/special/hydraulic-fracturing-national http://frack. mixplex. com/content/scientific-study-links-flammable-drinking-water-fracking http://www. hydraulicfracturing. com/Pages/information. aspx http://www. epa. gov/hydraulicfracture/ http://www. usatoday. com/money/industries/energy/environment/story/2012-04-18/fracking-pollution-

The Illusive Race Question and Class Essay Example for Free

The Illusive Race Question and Class Essay Abraham Lincoln once said, â€Å"With malice toward none, with charity for all, with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation’s wounds (cited in Franklin 1993). † This sentiment has been expressed many times since the absolution of slavery in 1870. Yet with every step we take towards eradicating racism, we fail to see it encroach in an insidious and malicious manner. We have been led to think that this epidemic is about the color of a man’s skin. In the Illusive Race Question and class it states, â€Å" Racism resembles bacteria. It has the uncanny ability to resist Cures (Acuna, p. 4) . † First Steps Our first biggest step toward eradicating racism in this country was President Lincoln’s signing of the Emancipation Proclamation on January 1, 1863. Although the document had very little power to free slaves, it was considered an â€Å"Act of Justice. † It was a cry for America to wake up and understand that All men are created Equal. One hundred years later, Vice President Lyndon B. Johnson said, â€Å"Until justice is blind, until education is unaware of race, until opportunity is unconcerned with the color of men’s skins, emancipation will be a proclamation but not a fact cited in Franklin, 1993). † Mr. Johnson understood that racism came not just in the form of color, but of education, location, and social status. Earliest Forms of Indoctrination Parents are recognized as the earliest source of children being indoctrinated with racists views , classmates are second ( Savard Aragon, 1989). This study states that during our early gradeschool years each child has learned to do some stereotyping. They also recognize that cultural and institutional prejudices are more subtle, the roots being passed down through many generations. Reverse Racism Annuit Coeptis takes racism one step further by suggesting that in all of our attempts to restore balance and remove racism we have created reverse racism again the white man. He says it is not uncommon on a college campus to see Asian Students Associations, or Latin American Students Associations, but you will not see a White Students Association. The article states, â€Å"Questions of race on college applications can mean only one thing; for college admissions officers, race does matter. That race helps to determine an individuals acceptance to a college is not affirmative action, it is discrimination in action. (Robinson, 2009) † Racism in another form Although the Illusive Race Question Class is based primarily on how racism affects Latinos and their history of racism, I have found through the research of this paper, that every ethnicity can claim racism in some form or another. We have all at one time or another been type casted whether it was because of our ethnicity, the area in which we grew up, our family’s history or financial circumstances. I close with this, â€Å" My point is that we once believed that racism had been defined and that we were on our way to eradicate this ugly social disease only to find it active and well, but in another form. (Azuna, 2005) †

Evolutionary Polynomial Regression

Evolutionary Polynomial Regression Evolutionary polynomial regression (EPR) is a data mining technique based on evolutionary computing that was developed by Giustolisi and Savic (2006). It combines the power of genetic algorithm with numerical regression to develop symbolic models. EPR is a two-step technique in which, at the first step, exponents of symbolic structures are searched using a genetic algorithm (GA) that is the key idea behind the EPR, and in the second step, the parameters of the symbolic structures are determined by solving a linear least squares problem.   The general symbolic expression used in EPR can be presented as follows Where y is the estimated output of the process, m is the total number of the polynomial terms which excludes the bias term a0, F is a function constructed by the process, X is the matrix of independent input variables, f is a function defined by the user, and aj is a constant value for jth term. The first step and key idea in identification of the model structure in EPR is to transfer Equation 1 into the following vector form Where is the least-squares estimate vector of the N target values; is the vector of d=m+1 parameters aj and a0 ( is the transposed vector); and is a matrix formed by (unitary vector) for bias a0, and m vectors of variables. For a fixed j, the variables are a product of the independent predictor vectors of inputs, . EPR starts from Equation 2 and searches for the best structure, i.e. a combination of vectors of independent variables (inputs) . The matrix of input X is given as [15]: Where the kth column of X represents the candidate variable for the j th term of Equation 2. Therefore the jthterm of Equation 2 can be written as: Where, Z jis the jthcolumn vector in which its elements are products of candidate independent inputs and ES is a matrix of exponents. Therefore, the problem is to find the matrix ESkmof exponents whose bounds are specified by the user. For example, if a vector of candidate exponents for inputs, X , (chosen by user) is EX=[0,1,2] and number of terms (m) (excluding bias) is 4, and the number of independent variables (k) is 3, then the polynomial regression problem is to find a matrix of exponents ES 4-3 [15]. An example of such a matrix is given here Each exponent in ES corresponds to a value from the user-defined vector EX. Also, each row of ES determines the exponents of the candidate variables of jth term in equations (2). By implementing the above values in equation (4), the following set of expressions is obtained: Therefore, based on the matrix given in equation (5), the expression of equation (2) is given as: In the next stage, the adjustable parameters, aj, can now be computed, by means of the linear Least Squares (LS) method. The original EPR methodology was based on Single-objective Genetic Algorithm (SOGA) for explore the space of solutions while penalizing complex model structures using some penalization strategies. In this method, in the first stage, the maximum value for the number of terms (m) is assumed then a consecutive search for the formulas having 1 to m terms is undertaken. To accelerate convergence, the results obtained in each stage of search could be randomly entered into the population of the next stage search [15]. However the single-objective EPR methodology showed some drawbacks, and therefore the multi-objective genetic algorithm (MOGA) strategy has been added to EPR. In 2006, Guistolisi and Savic (2006) improved the EPR technique to overcome these shortcomings, using Multi-Objective Generic Algorithm (MOGA) instead of SOGA. The main features of the developed method are as follows [22]: 1) Increasing the model accuracy, 2) Reducing the number of polynomial coefficients, 3) Minimization of the number of inputs (e.g. the number of times each Xi appears in the model). In the developed version, a simultaneous search is conducted for polynomials having 1 to m coefficients; consequently, it is faster than the previous version (i.e., SOGA). In order to determine all models corresponding to the optimal trade-off between structural complexity and fitness level of the model, The EPR technique is Equipped with a range of objective functions which help to optimize the result based on Pareto dominance criterion. The objective functions used are: (i) Maximization of the fitness; (ii) Minimization of the total number of inputs selected by the modeling strategy; (iii) Minimization of the length of the model expression. The objective functions mentioned above can be used in a two objective configuration or all together. In which one of them will limit the complexity of the models, while at least one objective function controls the fitness of the models. In this study the multi-objective EPR is used to develop the EPR-based models. The coefficient of determination (COD) which is used to evaluated the level of models accuracy at each stage is Where Ya is the actual measured output value; Yp is the EPR-predicted value, and N is the number of data points in which the COD is computed.

Registered Nurses Essay -- Careers Jobs

Registered Nurse (RN) â€Å"Registered nurses treat patients and help prevent disease, educate patients and the public about various medical conditions and health issues, and provide advice and emotional support to patients’ family members both physically and mentally.†(Registered). It is important for the individual going into this occupation to search out the pros and cons of the different areas of nursing. Sometimes gender plays a part in choosing the specific area of an RN. For instance, the strength of males is needed in areas of physical therapy. While the gentle attributes of women are needed in the care of babies. â€Å"A nurse must like people and want to help them, and must also have self-reliance and good judgment, patience, honesty, responsibility, and ability to work easily with others.†(Jacobi). The occupation of a registered nurse includes many advantages such as having the ability to assist your family in medical needs, the salary is attractive and above the average s cale, and it offers great job security. The first advantage of being a registered nurse is you have the great ability to assist your family in medical needs. Whatever happens to a family member, you’ll know what to do right away in just about any case. There could be a possibility where somebody could have a chance of dieing right away, you would have that ability to save their life. RNs are very knowledgeable and have a good education on how to live a healthy life that they could share with their family and have a good, healthy lifestyle. Registered nurses know the types of foods to eat that are essential to your body that could help expand your life and live longer. In this fast paste world that we live in where fast foods are in abundant and are cert... ...r occupations where one can dress stylist and dine at fine restaurants and climb the corporate ladder, there could not be a more honorable and satisfying career that a person could give to their community and their society. Works Cited â€Å"Become a Registered Nurse (RN).† AllNursing Schools-Your Guide to Nursing Education and Careers. 2002-2008. All Star Directories. 12 Feb 2008 http://www.allnursingschools.com/faqs/be_m.php. Jacobi, Eileen. â€Å"Nursing.† The World Book Encyclopedia. 14 ed. 1978. â€Å"Registered Nurse (RN) and Nursing Careers, Jobs, and Employment Information.† Career Overview. 2004. Career Overview. 12 Feb 2008 http://www.careeroverview.com/nurse-careers.html. â€Å"REGISTERED NURSES AND NURSE PRACTITIONERS.† Labor Market Information. 2002. Employment Development Department. 12 Feb 2008 http://www.calmis.cahwnet.gov./file/occguide/NURSEREG. HTM.

The College Experience - Exploration and Self-discovery Essay -- Perso

The College Experience - Exploration and Self-discovery What do you want to do with your life? If only I had a nickel for every time I was asked that pesky question ... in particular, by some overly-concerned adult! I swear, if I hear it one more time, I'll launch into a screaming fit! It's right along the same lines as the annoying, "where do you see yourself in ten years?" As a student wrapping up my freshman year at the University of Southern California in Los Angeles, even the question "what's your major?"can pose a bit of a problem. At this point in my life, I simply feel that such questions are too restrictive. Why is society fixated on categorizing everyone into neat little groups? I thought that college was meant to be a process of self-discovery, rather than a mere obstacle on the way to a career that's been predetermined since kindergarten! Yet you'd be amazed at the pitying stares you receive when you tell someone that you're undecided. You'd think that you'd just told them that you'd been diagnosed with an inoperable brain tumor! I'm here to reassure all those "lost souls" out there that there is nothing wrong with not knowing what you want to do. My first year of college has been a veritable roller coaster of trying on and discarding various ideas of "what I want to be when I grow up." Like most people, I felt the overwhelming pressure to settle on a career before entering college, and so I arrived at USC as a declared broadcast journalism major. The only experience I had in this area was co-hosting my high school news program, which was more sketch-comedy than real news, and yet on the basis of that alone, I decided on my major... ...magazine, Palaver. And next year, in contrast to the small film company where I am now interning, my goal is to have a summer job at DreamWorks. All of this is an effort to cram as much into my four years as possible. And why not? There is something to be gained from every new experience, whether I stick it out for the duration or not. Maybe I'm flaky by nature, or maybe I'm just determined to get every bit of the well-rounded Liberal Arts education that my parents are shelling out big bucks for. Does it really matter? The point is this: don't ever let anyone tell you that there's something you can't do. If you have a yen for something, try it. You never know, you may discover some hidden talent that you didn't know you had. Or you may not. But hey, exploration and self-discovery is what the college experience is all about!

Particular social system Essay

Ethics is the discipline that deals with the good and the bad as well as with the moral duty and responsibility of an individual. It can also be defined as the study of the choices made by individuals as regards right and wrong (Marie, 2005). Ethics is mainly concerned with the philosophy that results in a particular behavior. Ethics are of different types, and they differ in terms of their application in different contexts. Ethics state the working of a particular social system. They point towards the utilization of morality. At birth, as indicated by Be The Dream (2009), everyone is practically a blank slate. The period of infancy is characterized by total emptiness. The only skill an infant is equipped with is crying in order to attract the attention of the other people. Infants are contented with just lying watching the world revolve around them until they need something. However, as life progresses, individuals develop values in accordance with what they have previously learned or gone through (Be The Dream, 2009). The main intent of developing ethics is to set up the capacity to come up with rational judgment and ethical decisions. The whole process of personal ethics development is continuous and goes on through out life (Marie, 2005). Personal ethics, morals and values go hand in hand. Values are beneficial aspects learned from childhood, either as a result of interaction with the environment or from parents. Morals are the inherent beliefs that develop from the values system of the way an individual should react in a particular situation (Fairleigh Dickinson University, 2010). Ethics, on the other hand, are characterized by an individual’s reaction to difficult situations. Ethics play a major role of testing the morals of an individual. Personal ethics are instilled by the culture, environment as well as the background in which an individual is brought up (Fairleigh Dickinson University, 2010). Family values in addition to traditional values are very important in the upbringing of a child. These values play a major role in assisting an individual develop personal ethics at a very tender age. Various personal ethics include: honesty, loyalty, punctuality, open-mindedness, self respect as well as respect for others and fairness (Marie, 2005). Hatcher (2007) states that the expression of one’s ethics is not always comprehended in the global context at large, immediate surrounding, or even among the closest family members. This is mainly as a result of the difference in the development of personal ethics. Personal ethics develop early in life through interaction with family, church, school, and other members of the general community. All these people play part in helping one mold his/her beliefs (Hatcher, 2007). Personal ethics are established through unconscious observations as well as experiences of childhood. Personal ethics narrate values that help an individual make sense of his/her life. They enable one to make moral decisions that are not inclined towards the good of an individual but to all people. An ethical person undergoes extensive internal battles, trying to figure out whether his or her actions will negatively impact on others. Personal ethics enable individuals to make decisions that are meant for the benefit of all. They act as an innate factor that enable individuals make rational and morally correct decisions (Hatcher, 2007).

Lack of Communication Essay

Lack of communication is the number one cause in divorces in the United States, while there are marriages that work out there are many that don’t. For every two marriages there has been one divorce in the 21st century. (Britannica) Often in a relationship we don’t consider the small things and we move to quickly not thinking about the opinion of the people we interact with. In this article by Aziza Shumba she gives very clear, concise details on why communication is important in a relationship. An interesting fact I happened to stumble upon while reading was that a lack of communication can affect all aspects of life, from what you like to wear to what color paint you paint your home. Some couples feel like they communicate but the key is communicating effectively. Communicating effectively means communicating thoroughly, being optimistic, keeping an open mind and having a listening ear to new opinions. This is very important when it comes to using it in the work place, considering many people just go along with what they are told and never speak unless spoken to. In the work place many people have usually one of three issues: they never speak their opinion, the person who is overbearing, or the person who rides both sides of the fence, it doesn’t make a situation easier but it does make it easier when you can talk to someone and they can keep a conversation without criticism, ignorance or pessimistic attitudes. This is also a great way to build a better relationship with the ones you work with by giving you a stronger confidence when speaking and communicating. Although effective communication is very important, planning and time management is very important when communicating with people. I figured out this is very important once I got to college because if you don’t have good time management it will disrupt your whole life schedule and those around you. For example if I decide to wait until the last minute to turn in homework at 11:55 at night, and then my computer cord blows and catches my computer on fire, what would I do? I would have to wait until I could get access to another computer, and by the time I get to another computer the assignment would be late. Planning in a marriage can definitely be a â€Å"killer† when it comes to marriages, the wife may unexpectedly become pregnant or he/she may decide to get a dog/cat without the other partners consent. If communication is not laid down in the beginning these things may come to be a surprise to the other partner which will lead to divorce and strife. In a marriage getting a life plan is important, even if it is not set in stone it is considerably useful in the progression of a stable marriage to have an outline of what the couple wants together. In conclusion, a lack of communication can lead to the building of other skills if it is caught early on, as long as communication is effective and you have a plan for life and use effective time management you should be able to build STRONG communication skills to help you in everyday life.

An Analysis of Young Mr. Goodman Brown

He uses symbolism, diction, and tone to enhance the readers experience and to more effectively write the story. This piece also references several real life historical events to make his story more powerful and believable. Many traits of the Romantic period are reflected in this piece, such as the focus on personal emotion and the power of the natural world. Hawthorne was also influenced by writers from the Transcendental movement and that can be seen in his work. The Speaker in Mr.. Goodman Brown† is an unidentified narrator. Even though the story is not being told from Mr..Goodman perspective it is written in a way that reveals his emotions to the reader. Hawthorne used diction to allude to Mr.. Goodman emotions and feelings. We know that he Is feeling scared when he Is walking through the forest because words Like dreary, darkened, evil. Gloomiest, creep, and lonely are used to describe his setting. We also know Mr.. Goodman Brown is fearful of the man because when we talks to him he has a tremor in his voice. The man Is also described as â€Å"having an indescribable air, of one who knew the world. † The tremor In Mr.. Goodman voice shows that he Is Intimidated by the figure.It seems Ironic that he calls the man â€Å"his companion†. I believe he does this out of fear and in hopes of gaining his respect so that he will not hurt him. Hawthorne holds off on revealing the occasion of their meeting until nearly halfway through the story. The suspense makes the reader anxious and everything about the Journey becomes that much more mysterious. He keeps referring to â€Å"the journey† which is unknown, and all the reader knows is that Mr.. Goodman is uncertain of it and It Is something that he eels he needs to hide from his wife, Faith.The reader Is given hints as to what the meeting could be about because of the evil man. He is referred to as the devil and even people who pass by recognize this. This helps to foreshadow the witchcraft c eremony that Mr.. Goodman finds himself at. ! Hawthorne uses a lot of symbolism in Muffing Mr.. Goodman Brown† to add more youth. She is describes as â€Å"thrusting her own pretty head into the street, letting the wind play with the pink ribbons of her cap. † This image is very carefree and paints the picture of someone very small, like a young girl. Faith's youngness serves as a double symbolism that reflects purity.Faith is young, naive, and innocent. This innocence and purity does not come from her youth alone, but also from her faith in God. Faith's faith is strong and it is something that Mr.. Goodman respects. Also, Mr.. Goodman own faith is tested in this story to determine whether he is good or evil. Another item in this story that has great symbolism is the evil man's staff. His staff represents evil, and it is almost like a spirit that overcomes who even takes hold of it. The staff seems to hold all of he devil's power within it because as soon as he touches Goody Close she proclaims, â€Å"the devil! The staff is an item of anachronism in this story. The alive and serpent like features of the staff, specifically how it turns into a snake when it is thrown on the ground refer to Moses in the Bible. God commands Moses to throw his staff on the floor before the King of the Egyptians so it will become a snake. God commands this in hopes of proving to them that He is God and he is all powerful. The staff has the same kind of power over everyone it comes in contact with, and impolitely alters who they are. The diction in Muffing Mr.. Goodman Brown† is a huge part of the reader's experience.The diction in this story helps to build the tone and makes the reader feel a certain way whether it be scared, mystified, or bewildered. At the beginning of the story Mr.. Goodman Brown is very sincere. He wants Faith to know that he truly loves her by calling her â€Å"My love, my sweet, pretty wife. † He wants her to feel comfortable and t his is reflected in the diction of this passage. Words like sleep, dreams, pray, pretty, dearest, and heart are used to show his compassion. As soon as he parts with Faith there is a major tone shift.He begins feeling scared and doubts his decision. As he enters the woods the diction reflects his fear with words like smote, narrow, peculiarity, thick, unseen, and solitude describing his surroundings. In this passage the syntax is also very intense and is used to enhance the readers emotions as well. The sentences are sharp and Jagged like the night in the woods. Many literary devices such as, diction, syntax, and tone were used by Hawthorne in Muffing Mr.. Goodman Brown† to create a more powerful story and accurately project ear and bewilderment into the minds of his readers.Hawthorne also used symbolism to tie his story together and penetrate it with the theme. Hawthorne was a master of emotions and creating them. Not only did the reader feel emotions while helps the reader c onnect with the characters and makes a very unbelievable story seem more like reality. This text is important because it opens its readers up to rich examples of how diction and syntax can be used to create extreme tones that effect its readers. It also gives some insight into the Romantic period my emphasizing the power of human emotion in nature. Total words: 1 ,093

Hugo Cabret Movie vs. Book

In The Invention of Hugo Cabret vs. Hugo, the element of character relationships in the book and the movie are developed very differently. One example of this would be the addition of completely new characters in the movie that were not in the book at all. The director, Martin Scorsese, creates new characters, which add and build upon the relationships and add side stories to the plot line. Instead of cutting some of the plot as adaptations usually do, the film actually added additional story lines (Lee).He adds the characters in the train station with the dachshunds that create a romantic vignette in the movie that was not in the book. The director also creates the girl at the flower shop that ends up in a romantic relationship with the Station Inspector. In addition, the relationship between the Station Inspector and Hugo differed as the Inspector is much more present in the movie than in the book. There are more scenes depicting the Station Inspector chasing Hugo in the movie for dramatic effect. Scorsese also adds drama by including the Station Inspector's menacing dog in the chase scenes.Specific to the movie, the Inspector has a metal prosthetic leg, which provides a vulnerability that he seems to be overcompensating for with his intimidating exterior. The character differences between the book and the movie could be due to the desire of the director wanting to add his own insight and personal elements to the story rather than using Brian Selznick's literal interpretation. Since the media forms of literature and film have different interpretive elements they must be presented differently.For instance, in the movie Scorsese adds more dramatic effects by providing additional character relationships and plotlines. Also, since the movie is targeted towards all audiences, he includes the element of romance with his character relationships in order to appeal to the adult audience. Another character relationship to be noted would be the relationship between Hugo and the automaton. Even though it is an inanimate object, Hugo clearly forms a relationship with this machine as it is the only part of his father he has left.Hugo is very determined to repair the automaton as he believes his father may have left him a message through it, which gives him hope and the desire to fix it. Hugo takes great care of the automaton and in the film he carries it like a baby because he cares for it so much. Since his father’s death, Hugo has been left with no family therefore the automaton almost becomes his family as it meant so much to his father. Both appealing in their own forms of media, the book The Invention of Hugo Cabret and the movie Hugo have several contrasting elements, which provide unique depictions of the same story.

Case study on tata nano

Sunsilk was introduced in 1989 in Pakistan with three variants related to hair types. Endorsement of a hair stylist was the first step in building the image of the brand as a hair care expert. With the competition from local and multinational companies due to rationalization of excise duties, Sunsilk has not been able to gain the desired share in the market. To strengthen the brand, LBPL decided to re-launch Sunsilk with a premium range consisting of four variants in January 2000. In 2001, due to the constant research of their affiliated hair care institutes, the need of a shampoo for oily hair was observed and they launched a new variant of Sunsilk having citrus extracts. 1. 2 Background: LBPL, the largest consumer goods producing company in Pakistan, was incorporated here in 1948 and started building their factory at Rahim Yar Khan. This factory was inaugurated formally in 1951 by the then Governor General of Pakistan. LBPL moved into the personal care product business in 1981. It has gained a major market share due to the introduction of quality brands likeSunsilk, Lifebuoy, Lux and Fair Lovely. Lever Brothers was the recipient of Management Association of Pakistan (MAP) and Karachi Stock Exchange awards in recognition of its performance. For the purpose of MAP award, it was judged the best among the companies that have performed well in the areas of Financial Discipline, Management practices such as Risk Management, Corporate Governance, Social Responsibility and Research Development. Lever Brothers is committed to investment and modern production facilities thereby contributing to economic growth and employment opportunities. 1. 3 Statement of Problem: Their main target market is females between the ages group 16-40 belonging to the two upper income classes. But in their promotional activities, they cover the whole market irrespective of these classes. Competitors’ Review: The major competitor of Sunsilk in the rural areas is Bio Amla while in the urban areas, Sunsilk faces cutthroat competition with PG. The main advantage of Bio Amla is its Herbal composition and low price, which attract the rural market, but in terms of quality, they are far behind Sunsilk. In urban areas, Sunsilk is acting as a market challenger against PG. Sunsilk has got the advantage of keeping their prices lower than PG shampoos but PG has captured a bigger share of the market due to its intense promotional activities. 1. 4 Objectives of the study: 1. To carry out the review of literature on brand, brand awareness and consumer behavior. 2. To study the socio economic characteristics of women consumers in Bangalore. 3. To identify the factors influencing brand awareness of Sunsilk shampoo. 4. To identify and interpret the factors involved in quality and benefits offered in the shampoo product. 5. To know the impact of brand awareness in sales improvement of the shampoo product. 1. 5 Research Methodology: Literature survey has been carried out using research journals, books and websites. Socio economic stratum of women consumers have been identified using socio economic classification grid during personal interview at individual households. Factors influencing brand awareness of shampoo products have been analyzed with the data collected from questionnaire. Comparative study has been carried out based on advertisement awareness with the competitor. Pareto analyses have been used to identify the major quality problems in the shampoo product. 1. 6 Company Objectives: Neither our own nor our major competitors’ objectives are simple or obvious. There are many choices between short term and long-term profit, between growth and cash flow, between growth in assets and growth in earnings, between proportions of earnings paid to share holders as dividends or reinvested. It is reasonable to assume that these different objectives of different competitors predetermine some of their strategies and tactical behavior. Assess the concept of product acceptability, credibility and perceived benefits. Examine consumer’s assessment of the product, in terms of product performance and related benefits. Explore consumers’ reaction towards packaging. Understand consumers’ perception of quality advertisement in terms of its impact. 2. Chapter II 2. 1 Mission Statement: The New Sunsilk Shampoo aims at fulfilling the needs of its target market by offering a high quality, assessment of the concept in terms of its acceptability, credibility and perceived benefits, that it offers a healthy choice shampoo alternative to the targeted consumer. The theme of the product shall be anchored around the motto: â€Å"Softness, shine and manageability of Hair† Figure 1 2. 2 Packaging: The packaging design for the New Sunsilk range is extremely exciting and has been developed by Brown Inc. UK. The packaging makes the brand look expert and modern. This packaging makes the brand look more contemporary and hi-tech. It ensures more emphasis on the variants that have already been a part of the product but never been communicated to the customer that well. This new packaging has clearly identified that there is a separate product for each hair type. Currently, the range consists of: Yellow Sunsilk with Bio Proteins from Vegetable Extracts: Normal hair needs wholesome nourishment. New Sunsilk with Bio Protein extracted from Vegetable milk has nutrients that deeply penetrate each hair strand, to nourish it leaving hair strong and beautiful. Black Sunsilk with Melanin from Plant Extracts: Dull hair needs a rich black shine. New sunsilk with Melanin extracted from plants serves this purpose very effectively. It helps in the growth and retention of the black color of hair, giving it a rich black shine. . Green Sunsilk with Fruitamins Vitamins from fruit Extracts: Thin and limp hair needs extra body and volume. New sunsilk with Fruitamins has natural extracts from fruit that contains Vitamins. These vitamins help in giving extra body, shine and amazing manageability to the thinning and lifeless hair. Pink Sunsilk with essential Oils from Flower Extracts: Dry hair needs wholesome conditioning, extra shine and styleability. New Sunsilk with essential oils makes the dry hair full of life. Its especial ingredients moisturize each hair right to its tips leaving it shiny and beautiful. Orange Sunsilk with active nutrients from Citrus Extracts: The advanced formula of orange Sunsilk is the result of the latest research. This shampoo is especially designed for oily hair type that looks flat and greasy due to the excess of moisture. New sunsilk with active ingredients from citrus extracts cleans the excess oil off hair while its nutrients deeply penetrate each hair strand to nourish it. Customer Review of Product Usage Figure 2 2. 3 Pricing Objectives: Lever claims to practice value-based pricing in which the customers’ perception of the product’s price provides a starting point for developing the marketing mix of the product. The research department determines this price usually by using focus groups. The price of RS 3 for Sunsilk shampoo sachets shows how the price also reflects a concern to make the purchase more convenient, since the rupee is dominated in this value. The primary importance of this value-based pricing is that the product demand will be much higher if its price is in line with the customer’s perception of its value. One crucial concern for value-based pricing is strict management of cost in order to be able to make a profit at the value-based price. After the initial price is determined, Lever then uses target costing in order to achieve the required profits. With the marketing plan now being termed as ‘Annual Contract’ the importance of meeting the profit margin requirements has increased. Target costing thus provides an essential tool to manage cost effectively. The characteristic of monopolistic competition typifying the market sets the threshold for pricing. This market consists of many buyers and sellers trading over a range of prices. The key element is differentiation, which allows the seller to gain market share in contrast to competitors. Given this market condition, Lever differentiates its products and also sells them in different price ranges to cover at least a large portion of the market. Also this makes Lever more sensitive to price changes of competitors’ products. Last year PG revised their prices which has increased the prices of their shampoos considerably but Sunsilk has maintained its prices and their prices are much lower than PGs’, which is a major blow to PG because being a poor country people go for products which are within the range of Rs. 100. Figure 3 2. 4 Promotion objectives: Build top of the line consumers’ awareness. Creating a personality of the brand. Besides having these general objectives, the advertising objectives are set avoiding to the advertising strategy for each product, e. g. Sunsilk advertising objectives since it was being re-launched were: To increase the usage. Conditioning benefits. Makes the hair appear clean and shiny. Imparts a feeling of freshness-due to fragrance. Easy to manage, silky, soft hair. Unique shampoo for every hair type. Effectively communicate brand promise. 2. 5 Advertisement objectives: The advertisement of a product should follow the smile approach that is: S Simple M Memorable I Interesting with relevant information L Linked to the brand E Emotionally involved and liked. The advertisement should be in line with the past ad (if any). The ad should have a good advertising idea. Advertising should meet the brief Message clearly communicated Advertising should fit the brands personality An add is usually changed after 18 months TARP(Target Audience Rating Points) 2. 6 Advertising strategy: A product’s particular advertising strategy also depends on the level of competition involved with each product. For example shampoo ads previously used to provide emotional benefits but when PG entered the shampoo market with it’s shampoo Pantene, it revamped the whole situation, Pantene ads promoted the shampoo’s functional benefits, which greatly appealed the consumers. Levers seeing this trend changed its advertising strategy for Sunsilk so that Sunsilk advertisements also promoted the shampoo’s functional benefits. Thus Lever evaluates the product’s present position in the market, the promotion objectives it wants to achieve and the level of competition involved while setting the advertising strategy for a product. Elida Hair Institute does a lot of research and they come up with innovation in the product. Elida provides credibility that Sunsilk is not locally made but it is based on a lot of research by internationally accredited institutions. Lever believes that messages about product delivered by credible sources can be very persuasive. Hence Nabila who is an hair care expert endorses Sunsilk and more value is added to the brand. Consumers relate to products itself, they can relate to a human being who consumers believe is an expert so if Nabila is an expert so is Sunsilk. Nabila a recognised and highly qualified hair stylist is used by Sunsilk in its ads because they want to bring out an expert’s image. Sunsilk has come up with a new promotional campaign GOOD HAIR DAYS in six major cities in collaboration with famous hair stylists of the country. 2. 7 Advertising Evaluation: Lever also carriers out on extensive evaluation process. Target audience rating points are used to evaluate a product. Households are monitored in various cites to get consumers response and feedback. R-Lintas carriers out in own evaluation proceeds for its advertisement. Weekly figures are presented by research department. Regarding sales which have been carried out by extensive surveys. Products manager themselves have to visit the Consumers’ View of Sunsilk Advertisements Figure 4 2. 8 Distribution Objective: â€Å"To reach as many towns and villages as we can† Lever has 150 distributors whose function is to sell to wholesalers directly. There are different distributors for different areas. They are carefully selected and their performance is constantly evaluated. They appear extremely satisfied with their channel systems and have a good rapport with them. We feel that this is essential since these are not too many levels, thereby preventing channel complexity and allowing Lever greater control. Lever’s statements were verified by our consumer survey, which revealed that the retailers were very satisfied with Lever’s distribution system, which allowed well-stocked shelves. This is an added advantage, since the consumers undergo habitual buying behavior. Sunsilk has a very good distribution network all over the country. They have struggled hard to adopt such channels that guarantee the perfect results regarding the placement of their product. These distributors are given clear instructions regarding the selection of the retailer and to make sure that the retailer; Knows about the significant characteristics of the product. Places the product along with its major competitors like PG. Displays the sachets distinctly. They give off and on offers as trade promotion incentives to their distributors. The distributors contribute to the promotion of Sunsilk by word of mouth. 2. 8. 1 Strengths Lever Brothers Pakistan Limited is one of the largest organizations in Pakistan. Company has advanced technology and well skilled professionals. The New Sunsilk Shampoo is a high quality product in terms of hair protection. The target market is educated, professionals and belongs to premium and middle class. Company totally owned, systematic distribution network, transparent communication system. Participative management style Very good distribution network all over Pakistan, in all major and small cities. 2. 8. 2 Weaknesses: Competitor has strong promotional activities. Imported brands also available in the market. Customers are offered better alternatives by the competition. 2. 8. 3 Opportunities: Population expanding at a rapid rate. Consumers are becoming more quality conscious Current capacity utilization is 80%, which can be further broadened with the increase in demand. Customer base is increasing with effective marketing. Baby shampoo is another area where Lever Brothers can make huge gains. Shampoo plus conditioner and anti-dandruff shampoos are another area where lever brothers can earn huge profits. Rural areas are a large prospective market where they can introduce Sunsilk. 2. 8. 4 Threats: Political and Economic factors. Partial Government policies. High rate of competition. Local and Foreign competition. Smuggling via Afghan Trade Transit is one of the big hurdles faced by Sunsilk. Supplies from Indonesia and Thailand is another important issue. 3. Chapter III 3. 1 Summary: This marketing plan forms the basis of the introduction of an innovative and unique productby Sunsilk. The analysis allows us to the best strategies to help our product be successfulwith the internal and external environments which we have analyzed at our bestunderstanding. Sunsilk Hair Colour Shampoo will be marketed as a unique and convenientproduct for consumers who need and want to colour their hair. And we would like tomaintain the company’s status as the 2nd brand leader in hair care industry in Pakistan. Themarketing strategies will enable us to reach the target sale ofRs 50 million by end of first year and also bring awareness to the consumers in the sixmonths about the new product, and reach at least 80% consumers in Pakistan. The hair colourindustry is currently in the growth stage and the number of people who wish to colour theirhair is growing day by day. Customer have been introduced by hair colouring products andthere is a existing industry for colour in Pakistan, but Sunsilk Hair colour Shampoo is a newinnovative product which is convenient for consumers to use and also less harmful then otherproducts available. IntroductionThis plan has been prepared as an assignment for Marketing Strategies and Operations classat London Business School of Finance. The plan will provide background information aboutthe current environment in which Hair colour products are operating in Pakistan. It will alsodiscuss the present state of hair colour products in general, which will include information onthe company and its interest in extending product range in Pakistan, and give a broader ideaof how the brand will be introduced and marketed in the current environment. Company BackgroundSunsilk is a product of United Kingdom, which was launched in 1954. Sunsilk wasintroduced by Unilever (LBPL), who are the largest consumer goods producing company inPakistan, especially in personal care products. Unilever was found in 1930 by AntoniusJohannes Jurgens and William Hulme Lever. It was incorporated here in 1948 at Rahim YarKhan. Sunsilk was introduced in 1989 in Pakistan with three different types of shampoos fordifferent hair texture. Getting Support from hair stylist was the first step in constructing theimage of the brand as a hair care expert. In beginning of introduction of Sunsilk brand, it wasbeing raided by other competitors, in which, sunsilk was not able to gain the desired share inthe market 3. 2 CONCLUSION The survey helped in understanding the consumer perception on brand awareness and position of product in the market. It was observed that consumer’s expectations were, Quality, benefits offered and packaging of shampoo product. Based on the results obtained, integrated marketing communication was suggested, as a result an improvement of 8% to 12. 6% was observed in target population. Lagging quality Attributes have been identified for the improvement of sales by 45. 39%. Suggestions towards improving brand awareness through quality attributes have been made. 3. 3 Recommendations: Lever, Pakistan realizes the huge potential of the rural markets, i. e. 72% of the total population, but has not yet developed a successful strategy to penetrate this market. The success of Levers Hindustan should be emulated, which has successfully captured the rural market by two key strategies; firstly, by developing a strong distribution infrastructure and secondly, by adapting the packaging and pricing to this market. Lever should increase the buying of raw materials from local markets so that it does not have to suffer excessively from devaluation and continuous increase in tariff rates. This would also negate the adverse affect on sales volume due to smuggled foreign product. Lever should introduce a smaller (100 ml) pack of Sunsilk shampoo in order to capture the lower income segment. Lever should enter into WEB Marketing. The Legacy Soccer Foundation sponsored mainly by Levers, should be emulated by Levers Pakistan in the area of cricket since it is the most popular sport in Pakistan. Levers could also provide consumers with a hot line number where they can call in to complain or to ask specific questions about Lever’s products. These hot line numbers can also advise consumers about their hair type and other hair related queries. Such a strategy would highlight Levers concern for the public as well as helping it to gain market share. They should increase the frequency of their advertisements on electronic and print media. They should introduce 2 in 1 composition, i. e. shampoo plus conditioner which is the demand of a huge potential market.