Friday, October 25, 2019
County Community College Should Provide On-Campus Housing Essay
When I moved to California two weeks before school started, I had difficulty looking for places to live around County Community College. This is because community colleges donââ¬â¢t usually have on-campus housing facilities for students. This made life very difficult for me because I was brand new to the area and I knew no one. My dad did help me by calling up one of his friends and asked if I could stay at their house temporarily until I was able to find a place I could live at, that was near school because I didnââ¬â¢t have a car at the time. The day I finally found a place to live, school was almost about to start. When I went to check the house out, I really disliked it there because there was no cooking allowed, the only time I could use the stove was to boil water. There were even curfews enforced because poor wooden floorboards would alert everyone whenever someone would walk around just to grab a cup of water or a snack at night. Another limitation was that the landlad y had ridiculous shower curfews that I had to follow. The house was very unclean and unhygienic due to the lack of maintenance and care provided for the building. There was no other choice but to live there because it was the closest place to school, that was within walking or biking distance, I could find because I didnââ¬â¢t know how to take the bus in this new country. This is what leads me to believe that County Community College should see if itââ¬â¢s feasible to construct an on-campus housing facility for students because it is able to help a large variety of students in various ways. County Community is a college that is known for its successful transfer rates. An article on CNN Money discussed about County Communityââ¬â¢s fine transferring rates, ââ¬Å"County Community s... ...enefits that can affect current and future students. However, County Community may choose to overlook some obstacles due to the great convenience and the great benefits that it may provide for both staff and students. County Community should not disregard this great opportunity that may change lives for staff and students, but look further more into this. Works Cited Aquije, Omar. ââ¬Å"Most Community Colleges say Building Dorms is Good Plan.â⬠Glens Falls Post-Star, 13 August. 2011. Web. 7 Nov 2013. Clark, Kim. ââ¬Å"Community College: How to Avoid ââ¬Ëdropout factories.ââ¬â¢Ã¢â¬ Cable News Network, 07 June. 2012. Web. 7 Nov 2013. Driscoll, Emily. ââ¬Å"Great Housing Debate: Living On or Off Campus.â⬠Fox Business. Fox News Network, 19 July. 2013. Web. 7 Nov 2013. Staff, CB. ââ¬Å"Campus Living: On Campus Vs. Off Campus.â⬠College Bound Network, 08 August. 2011. Web. 7 Nov 2013.
Thursday, October 24, 2019
Employee Grievances Essay
In industrial context the word grievance is used in industrial context to designate claims by workers of a Trade Union concerning their individual or collective rights under an applicable collective agreement, individual contract of employment, law, regulations, work rules, custom or usage. Such claims involve questions relating to the interpretation or application of the rules. The term ââ¬Å"Grievanceâ⬠is used in countries to designate this type of claim, while in some other countries reference is made to disputes over ââ¬Å"rightâ⬠or ââ¬Å"legalâ⬠disputes. The grounds for a grievance may be any measure or situation which concerns the relations between the employers and worker or which affects the conditions of employment of one or several workers in the undertaking when that measure or situation appears contrary to provisions of an applicable collective agreement or of an individual contract of employment, to work rules, to laws or regulations or to the custom or usage of the occupational branch of economy activity or countryâ⬠. Causes for Grievance Grievances generally arise from the day to day working relations in an undertaking, usually a worker or trade union protest against or act or omission of management that is considered to violate worker rights. Grievances typically arise on such matters like discipline and dismissal, the payment of wages & other fringe benefits, working time, over time and time off entitlement, promotions, demotions and transfer, rights deriving from seniority, rights of supervisors and the Union officers, job classification problems, the relationship of works rules to the collective agreement and fulfillment of obligations relating to safety and health as laid down in the agreement. Such grievances, if not dealt with a procedure that secures the respect of parties, can result in embitterment of the working relationship and a climate of industrial strife. Procedure for Settlement: It has been widely recognized that there should be an appropriate procedure through which the grievances of workers may be submitted and settled. This recognition is based both on consideration of fairness and justice, which requires that workersââ¬â¢ claims regarding their rights should receive fair and impartial determination, and on the desire to remove from the area of power conflict a type of dispute that can properly be settled through authoritative determination of the respective rights and obligations of parties. Essence of Model Grievance Procedure: The three cardinal principles of grievance settlement, under the procedure, are; 1. Settlement at the lowest level, 2. Settlement as expeditiously as possible; and 3. Settlement to the satisfaction of the aggrieved Like justice, grievance must not only be settled but also seem to be settled in the eyes of the aggrieved. The Model Grievance Procedure has a three tier system for the settlement at the levels of the 1. immediate supervisor; 2. departmental or factory head; 3. and a bipartite grievance committee representing the management and the union, with a provision for the arbitration appeal to the organization head, and a specified time limit for the resolution process. Views of the National Commission on Labour NCL has recommended that a formal grievance procedure should be introduced in units employing 100 or more workers and they are: 1. There should be a statutory backing for the formulation of an effective grievance procedure which should be simple, flexible, less cumbersome and more or less n the lines of Model Grievance Procedure, 2. It should be time bound and have a limited number of steps namely, approach to the immediate supervisory staff; appeal to the departmental head/manager; and appeal to the bipartite grievance committee representing management and the recognized Union. 3. A grievance procedure should be such that it gives a sense of satisfaction to the individual worker, ensures reasonable exercise of authority to the manager and a sense of participation to Unions, 4. The constitution of the grievance committee should have a provision that in case a unanimous decision is not possible, the unsettled grievance may be referred to arbitration. At the earlier stages the worker should be free to be represented by a co worker and later by an officer of the union, if one exists, 5. It should be introduced in all units employing 100 or more workers. INDISCIPLINE/MISCONDUCT Discipline is the employee self control which prompts him to willingly co- operates with the organizational standards, rules, objectives, etc. Misconduct is the transgression of some established and definite rules where no discrimination is left to the employee. It is violation of rules. Any breach of these rules and discipline may amount to misconduct. It is an act or conduct which is prejudicial to the interest of the employer or is likely to impair the reputation of the employer or create unrest and can be performed even outside the premises of the establishment and beyond duty hours. It is for the management to determine in its Standing Orders as to what shall constitutes acts of misconduct and to define the quantum of punishment for them. Causes of misconduct: â⬠¢ â⬠¢ Unfair labour practices and victimization on the part of employers, like wage diffentials, declaration of payment or non payment of bonus, wrongful works assignments, defective grievance procedure etc., â⬠¢ â⬠¢ Bad service conditions, defective communications by superiors and ineffective leadership lead to indiscipline, â⬠¢ â⬠¢ Poverty, frustration, indebtedness, generally overshadow the minds of the workers, these agitate their minds and often result in indiscipline, â⬠¢ â⬠¢ Generally speaking absenteeism, insubordination, dishonesty and disloyalty, violation of plant rules, gambling, incompetence, damage to machine and property, strikes, etc., all lead to industrial indiscipline. Remedial Measure for Acts of Indiscipline: â⬠¢ â⬠¢ Labour is most important factor of production. Therefore an Organization can prosper only if labour is properly motivated towards the attainment of specific goals. A more humane approach is necessary to motivate them. â⬠¢ â⬠¢ Each worker, as an individual, needs a fair or reasonable wage to maintain himself and his family in good health and spirits. So the wage should be adequate so that the worker may meet the economic needs of his family, â⬠¢ â⬠¢ He Trade Union leadership should be developed from within the rank and file of workers, who would understand their problems and put it up to the management in the right perspective. Disciplinary Action: Indiscipline is the result of many interrelated reasons- economic, psychological, social etc. It needs to be properly handled. The disciplinary action must conform to certain principles e.g. â⬠¢ â⬠¢ The principal of natural justice must guide all enquiries and actions. No biased person to conduct inquiry, â⬠¢ The principal of impartiality or consistency must be followed, â⬠¢ â⬠¢ The disciplinary authority should offer full opportunity to the worker to defend himself . Procedure for Punishment: â⬠¢ Framing and Issuing of Charge sheet â⬠¢ â⬠¢ Receiving the defendantsââ¬â¢ Explanation â⬠¢ â⬠¢ Issuing the notice of Inquiry â⬠¢ â⬠¢ Holding the Enquiry â⬠¢ â⬠¢ Findings of the Inquiry Officer â⬠¢ â⬠¢ Decision of the Disciplinary Authority â⬠¢ â⬠¢ Communication of the Order of Punishment Termination of Employment: â⬠¢ â⬠¢ Voluntary abandonment of Service by the Employee â⬠¢ â⬠¢ Resignation by the employee â⬠¢ â⬠¢ Discharge by notice thereof given by the employer â⬠¢ â⬠¢ Discharge or dismissal by the employer as a punishment for misconduct, â⬠¢ â⬠¢ Retirement on reaching the age of superannuation Type of Punishment Under Standing Orders: 1. Censure or Warning 2. Fines 3. Suspension 4. Dismissal Best of Luckâ⬠¦.. Sample of labour grievance handling policy in a manufacturing unit: As a matter of Labour Policy name of the company, hereby lays down the following procedure for addressing employeesââ¬â¢ grievances 1 An employee who has any grievances viz., (a) A complaint against their supervisor or co-worker (b) Problems related to methods or systems in the production floor (c) Inconveniences caused due to work environment (d) Disturbances caused by personal problems in the factory premises etc. 2 Apart from the above the management may take other problems which it may consider relevant 3 The aggrieved worker shall inform their problems in writing to any one of the following ââ¬â Factory Manager Technical Manager Admin Officer Welfare Officer 4 The gist of grievances of the employee shall be recorded in Employeeââ¬â¢s Grievance Register mentioning the date and reference number if any 5 The registered complaints will be addressed within 48 hours 6 Employee may also drop their letter of grievance in the suggestion/complaint boxes kept in the production floor. 7 If the problem stated in the letter is found crucial the Factory Manager shall call concerned department head explanation and may order for enquiry. 8 The enquiry shall be done and redressal shall be made as per the companyââ¬â¢s standing orders in force. 9 The action taken by the management will be recorded 10 The management shall refer the problems registered and action taken to solve it periodically and thus monitor the situation and ensure that the problems are not repeated. This policy on procedure for redressal is introduced to ensure good working environment in the factory, maintained at all time. NOTICE BY MINISTRY OF LABOUR FOR HANDLING GRIEVANCES & DISPUTES AMONG EMPLOYEES!! MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi , the 15th September, 2010 S.O. 2278(E).- In exercise of the powers conferred by sub-section (2) of Section 1 of the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), the Central Government hereby appoints the 15 th Day of September, 2010, as the date on which the said Act shall come into force. [F.No.S-11012/1/2007-IR(PL)] RAVI MATHUR, Addl. Secy. THE INDUSTRIAL DIPSUTES (AMENDMENT) ACT, 2010 No.24 OF 2010 [18 th August, 2010] An Act further to amend the Industrial Disputes Act, 1947. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:- 1. (1) This Act may be called the Industrial Disputes (Amendment) Act, 2010. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), in section 2, -. (i) in clause (a),- (a) in sub-clause (i), for the words ââ¬Å"major port, the Central Government, andâ⬠, the words ââ¬Å"major port, any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government , or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking , subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government andâ⬠shall be substituted: (b) for sub-clause (ii), the following sub-clause shall be substituted, namely:- ââ¬Å"(ii) in relation to any other industrial dispute , including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government.â⬠; Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment.â⬠; (ii) in clause (5), in sub-clause (iv), for the words ââ¬Å"one thousand six hundred rupeesâ⬠, the words ââ¬Å"ten thousand rupeesâ⬠shall be substituted. 3. Section 2A of the principal Act shall be numbered as sub-section (1) thereof and after sub-section (l) as so numbered, the following sub-sections shall be inserted, namely:- ââ¬Å"(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of three months from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government. (3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).â⬠4. In section 7 of the principal Act, in sub-section (3), after clause (e), the following clauses shall be inserted, namely:- ââ¬Å"(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department , having a degree in law and at least seven yearsââ¬â¢ experience in the labour department after having acquired degree in law including three years of experience as Conciliation Officer: Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or (g) he is an officer of Indian Legal Se rvice in Grade III with three yearsââ¬â¢ experience in the grade.â⬠5. In section 7A of the principal Act, in sub-section (3), after clause (aa), the following clauses shall be inserted, namely:- ââ¬Å"(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven yearsââ¬â¢ experience in the labour department after having acquired degree in law including three years of experience as Conciliation Officer: Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may he, before being appointed as the presiding officer; or (c) he is an officer of Indian Legal Service in Grade III with three yearsââ¬â¢ experience in the grade.â⬠6. After section 9B of the principal Act, for chapter IIB, the following Chapter shall be substituted, namely:- ââ¬Å"CHAPTER IIB GRIEVANCE REDRESSAL MACHINERY 9C. (l) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances. (2) The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen. (3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year. (4) The total number of members of the Grievance Redressal Committee shall not exceed more than six: Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately. (5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same m atter under the provisions of this Act. (6) The Grievance Redressal Committee may complete its proceedings within forty-five days on receipt of a written application by or on behalf of the aggrieved party. (7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned. Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment concerned.â⬠7. In section 11 of the principal Act, after sub-section , the following sub-sections shall be inserted, namely:- ââ¬Å"(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order 21 of the Code of Civil Procedure , 1908. (10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.â⬠8. In section 38 of the principal Act, in sub-section (2),- (i) clause (ab) shall be omitted; (ii) for clause (c), the following clause shall be substituted, namely:- ââ¬Å"(c) the salaries and allowances and the terms and conditions for appointment of the presiding officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible to members of Courts, Boards and to assessors and witnesses;â⬠.
Wednesday, October 23, 2019
Cyber Crime & internet
The full realization of the potential benefits brought by internet in the global community is greatly sabotaged by cyber crime activities. Cyber crime is increasingly becoming a major concern across the social, scientific, economic, and law enforcement fronts of the global community. Although the actual economic impact of cyber crimes is hard to qualify, it is estimated that the American nation looses over $100 million on internet related crimes every year. There are numerous types of cyber crimes (Laser, 2009).These includes; identity theft, fraud, hacking, cyber terrorism, malicious computer programs, web posting of offensive materials, and drug trafficking among others. Due to the negative social and economic impact of cyber crime activities, governments and other stakeholders have engaged in a number of prevention measures. They encompass creation of public awareness to enable internet users to identify, report, and/or avoid being victims of such crimes (McDowell, 2008). Software scientists have also engaged in developing effective computer and network security software.In addition to this, there are laws such as the Intellectual Property Law, Electronic Communication Privacy Law, and the 2001 Patriotic Act serve an important role in detecting and prosecuting cyber crime offenders. This essay seeks to discuss malicious computer programs (also know as malware) as a form of cyber crime, its characteristics and how it is prevented, detected, and/or prosecuted. Malicious computer programs are defined as coded programs, which serve either to corrupt the effective functioning of a computer system or lead to unwarranted remote accessing of information from a computer network (Loader, Douglas, & Thomas, 2000).Viruses and worms are the most common types of malicious computer programs or software. Other malicious computer programs include spyware, and Trojan. They are codes which serve to compromise information stored in computer network devices. This type of malicio us computer programs is commonly associated with infecting executable computer files and denial of network access by authorized users (Loader, Douglas, Thomas, 2000). Indeed, through extensive infecting of computer files, such codes are responsible for crashing of computer network devices.Other common forms of malicious computer programs are deceptive Trojan horses, multi-purpose bots, and spyware programs. This is increasingly becoming a common cyber crime. Such programs are characterized by their ability to allow for the stealing of sensitive information from protected networks (Metropolitan Police, 2009). According to available information on these malicious computer programs, they can serve to aid a hacker in remotely accessing passwords and credit card details of network users without detection.In addition, due to their sophisticated capability, such programs are employed for facilitating corrupting of confidential information stored institutional networks (Loader, Douglas, & T homas, 2000). Such can also be used by terrorist groups to qualify the crucial information from their target government prior to attacks. There are numerous ways established for preventing malicious computer programs as a cyber crime activity. The most common measure is the creation of awareness among the general public and institutions on how to identify and mitigate being affected malicious computer programs (McDowell, 2008).To realize this preventive measure, network software scientists have engaged in numerous researches; developing highly intelligent network security software. Indeed, some software such as antivirus are commonly found free in the internet. Such are serving the crucial purpose of mitigating infection of computer networks by malicious computer codes such as virus and worm among others. Still, this intelligent network security software brings with them the ability to identify and deny access of systems by unauthorized users (Lasar, 2009).According to available res earch findings on the effectives of malicious computer programs, it is clearly established that some forms of these programs which are hard to control. In a move to protect the integrity of information technology in the society, it is a common practice for highly sensitive institutions to close down their networks upon realizing any errant behaviors. It is worth noting that such moves are instrumental in ensuring the continued illegal access of networks by hackers. This is usually followed by a change of the overall access security codes and other check requirements.Indeed, for security codes of highly sensitive institutional networks, constant changing is recommended to reduce access chances by hackers. The process of detecting and prosecuting cyber crimes is quite complex. This has been closely attributed to the fact that offenders in these crimes employ high sophisticated technologies (Metropolitan Police, 2009). It is commonly claimed that thieves are usually ahead of technology . Another problem compromising the process of detecting and prosecuting malicious computer programs crime offenders is low rates of reporting such crimes by the victims (McDowell, 2008).Such have also been associated by the failure of network company providers to cooperate with the law enforcement in identifying such incidences. Despite these drawbacks, the war on malicious computer programs as a cyber crime activity has employed a number of methods. First is the use of computer forensic investigation practices to qualify evidence of suspect malicious computer program offender (Lasar, 2009). This process involves technological analysis of collected data by forensic computer scientists.It is to be underscored that according to existing laws such as the Intellectual Property Law and Electronic Communication Privacy Law provides for legal suits against the programmers and distributors of malicious computer programs (Loader, Douglas, Thomas, 2000). Another commonly used measure in detec ting cyber crimes is the tapping of communication networks by law enforcement agents. Although this method has received heavy critics for interfering with the privacy and confidentiality of communication, it serves great purpose in mitigating unwarranted access of sensitive networks.The Patriotic Act of 2001, which allows for government surveillance of the internet, is aimed at mitigating terrorist activities. According to the provisions of the Act, law enforcement is given legal authority to intercept internet communications by crime suspects. Another crucial provision of the Act is its mandatory dictate for network providers to cooperate with the law enforcement in identifying the original of a given communication of malicious programs. Based on this reason, the process of detecting malicious computer programs has significantly improved with the enforcement of the Patriotic Act.Another measure of detecting cyber crime activities is the modern streamlining of the reporting and resp onsiveness practices in the law enforcement (McDowell, 2008). This encourages institutions and individual victims of malicious computer programs to report such incidences, thus enhancing the process of mitigating such criminal activities by the law enforcement agencies. In conclusion, the escalating problem of cyber crime activities is increasingly compromising the realization of the potential benefits brought internet technological advancements in the community.Although all cyber crimes have negative social and economic impacts in the society, malicious computer programs are a real threat to the security of nations across the global. Such programs are evidently blamed for corrupting executable computer network file, crashing of network devices, denying access by authorized users, and allowing access of private information by hackers. Therefore, there is need for more consulted efforts by the computer security software scientists, law enforcement, and other stakeholders to engage in formulating effective measures of fighting cyber crime. References Lasar, M. (2009).An introduction to the FBIââ¬â¢s anti-cyber crime network. Retrieved May 28, 2010, from http://arstechnica. com/web/news/2009/11/an-introduction-to-the-fbis-anti-cybercrime-network. ars Loader, B. , Douglas, T. , & Thomas, D. (2000). Cyber crime: Law Enforcement, Security, and Surveillance in the Information. New York: Routledge. McDowell, M. (2008). National Cyber Alert System. Retrieved May 28, 2010, from http://www. us-cert. gov/cas/tips/ST05-006. html Metropolitan Police. (2009). Trojanââ¬â¢ computer arrests. Retrieved May 28, 2010, from http://cms. met. police. uk/news/arrests_and_charges/trojan_computer_virus_arrests
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