Saturday, June 26, 2010

2-3 "You have Rights; the Government has Privileges"

Part 3 www.youtube.com Lighting the Fire of Liberty one heart at a time. Liberty: 1. a. The condition of being free from restriction or control. b. The right and power to act, believe, or express oneself in a manner of one's own choosing. c. The condition of being physically and legally free from confinement, servitude, or forced labor. 2. Freedom from unjust or undue governmental control. 3. A right or immunity to engage in certain actions without control or interference. Michael Badnarik sat down with me after teaching his 8 hr. Constitution class in Malvern, PA on March 15th 08. His class is very inspiring to say the least. We are in an Ideological War. Protect yourself from the constant bombardment from the misinformation army. The best tools anyone can use to defend themselves form our government are in the US Constitution. Michael talks about the differences between rights and privileges. He explains some of the basics of the constitution that supersede any laws that the federal government may pass on a fraudulent basis. Michael does a radio show 7:00am--9:00am CST Monday thru Friday. We The People Radio Network www.WTPRN.com To learn where Michael's next Constitution Class will be held, and to find his book "Good to be King" and DVD go to http - Preserve Our Constitution!



http://www.youtube.com/watch?v=uNjbIfzCEEI&hl=en

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Thursday, June 24, 2010

Mike Benoit - The War on Drugs

Michael Benoit Libertarian party candidate for California congressional district 52 speaks on specific issues for the 2010 election. Introduction to how we can get back our Constitutional Republic by understanding that the immediate problem is that of the socialist mindset that most of our elected officials are bringing to the table. Michael Benoit brings liberty and Constitutional law to the 2010 elections. Michael believes YOU are the decision maker for you life. "A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned - this is the sum of good government". Thomas Jefferson



http://www.youtube.com/watch?v=Oi9mSRwLHfc&hl=en

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Sunday, June 13, 2010

HR Management

Human Resource (HR) management is the process of managing people and includes hiring, developing, assigning, motivating, and retaining employees to achieve organizational objectives. The contributions of HR management will vary depending upon the organization's size, objectives, functions, construction pattern, complexity, nature of production, and employers. In large organizations, the human resource management also acts as a strategic business partner to meet challenging business needs.

Globalization, corporate strategies, labor market changes, etc. led to the emergence of HR management. The main functions of human resource management are manpower planning; recruitment and selection of employees; employee motivation; employee evaluation and selection; industrial relations; employee services; and employee training, development, and education. Their functions will also include managing culture, facilitating change, strategic decision making, and creating responsive market driven organizations. The key characteristics of HR management are commitment, flexibility, quality, and integration. The "high-commitment-high-performance" HR management will improve quality of working life, quality of production, customer service quality, and organizational effectiveness.

The HR management's role is to encourage people to go beyond contract, to put business needs before rules, to develop skills, and to reduce conflicts by emphasizing common goals. HR management's contribution to corporate strategy is central. They focus on customers and they implement integrated change initiatives by fast decision making. It can directly communicate with the line management. Their leadership role is transformational and they do not emphasize standardization. HR management is valued for facilitation skills. They focus on culture change, to eliminate conflict, and develop the learning organization. The human resource management can also be answerable for an incredibly extensive list of responsibilities such as labor law compliance, health and safety guidelines, telecommuting administration, etc.

The human resource management handles a wide variety of concerns and issue areas within any company. With rapidly evolving economy, increasing technological beehives and incredibly unstable labor pool across a wide range of industries in today's world economy, human resource management play a vital role in the success of any business. It is in this context the human resource management plays the dual role of a manager and a mediator.




HR provides detailed information on HR, HR Software, HR Outsourcing, HR Jobs and more. HR is affiliated with Recruiting Software.

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Saturday, June 12, 2010

Theft By Deception 4of9 - Deciphering The Federal Income Tax

revolutionmarch.com Part 4 of 9 of "Theft By Deception - Deciphering the Federal Income Tax" A MUST see video for ALL Americans that pay federal income taxes. This is a 3D animated documentary that clearly explains the statutes included in the Internal Revenue Code (26) related to federal income taxes. MORE IMPORTANTLY HOWEVER, IT SHOWS WHAT IS NOT INCLUDED IN THE CODE: FEDERAL INCOME TAXES FOR LABOR PERFORMED WITHIN THE UNITED STATES.



http://www.youtube.com/watch?v=UPAmfpDNf7A&hl=en

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Wednesday, June 9, 2010

Camp FEMA - Will You Go Quietly?

Internment camps in America... WILL YOU GO QUIETLY? - www.campfema.com



http://www.youtube.com/watch?v=G_BhjduzfS8&hl=en

Houston Lawyer

Friday, June 4, 2010

Labor Union vs Management - Both Sides of the Coin

Throughout this paper, I will identify the issues raised in the assigned scenario and describe what arguments I would make if I was representing the union in arbitration and if I was representing the employer in arbitration.

From the union's perspective, the issues raised in the assigned scenario are wrongfully accusing employees of theft; termination of employees without a just cause; Bonnie's termination is severely harsh in comparison to her 10 year model record of employment; denial of the rights of the employees to have union representation at a disciplinary hearing, and failure to provide evidence of employees' wrongdoing.

"Less is not more" as it pertains to raising issues during arbitration. Like a good advocate, I would try to raise as many issues as arguably possible. However, I am of the realization that qualitative issues trump quantitative issues. Like a pit bull, I would go for my opponent's jugular, and push the envelope as much as I can. Of course, I would endeavor to neither compromise my integrity or the legal code/code of ethics (as an attorney).

As the saying goes, "first things...first!" Therefore, I would allow the proper procedure to run its course: shop steward/griever communicates with the manager (in question). If unable to reach a resolution, a union official communicates with a higher manager. If still unable to reach a resolution, the union president would communicate with an executive. If all attempts at reaching a resolution to this point fail, then the employer and I would appear before an arbitrator as per our contractual agreement on Grievance and Arbitration: if the parties are unable to resolve any grievance, either party may submit the issue to the Arbitrator for final and binding resolution.

After the four steps 'dance' illustrated in the above paragraph, I would let the 'dogs loose' by arguing that the employees did not steal the shirts. I would underline this argument with the failure of the employer to provide evidence via a camera recording or employees' confession to refute my claim. Thus, I would be able to assert that the manager breached the contract, in particular, the Just Cause: no employee may be disciplined or discharged without good cause. I would emphasize not only the act of the breach but the harshness, too. For example, I would accentuate the model record of employment that Bonnie had maintained over a period of 10 years while waving her personnel file as an appropriate prop. Hammering the nail, I would declare that based on the evidence it can only be concluded that the employees, especially Bonnie, were terminated with extreme prejudice. For good measure, I would throw in 'the denial of requested union representation' by the manager at the disciplinary meeting although the employer has a legitimate defense (will be discussed, later).

In reference to the employee handbook containing the provision stating that theft is a terminable offence that was given to Clyde but not given to Bonnie because of her earlier date of hire; I would deem it negligible because of the following reasons. First, the collective bargaining agreement is a contract whereas an employee handbook is not a contract. Of such, management reserves the right to change the handbook's material at anytime as per the disclaimer in the front and back of the employees' handbook. Therefore, in the view of the union, an employees' handbook is null and void since it's not a provision of the collective bargaining agreement. On the other hand, theft is against the law and ignorance of the law is not an excuse for breaking the law. Howbeit, the preceding sentence is moot because the employees are not guilty of theft. If not, management will have to make a case against my position by first providing undeniable evidence supporting its claim.

From the employer's perspective, the issues raised in the assigned scenario are the employees were caught stealing, and theft is a just cause for termination. For theatrical (but strategic) effect, I would present the employee handbook containing the provision stating that theft is a terminable offence; given to Clyde upon his hire. As for Bonnie, I would stress the criminality of the offence - 'stealing is against the law' - a criminal/prosecutable act was committed on the company's premises as witnessed by the management upon viewing a camera recording.

More so, Clyde's termination is not severely harsh because of the long paper trail since his recent hiring. Like in the game of baseball, 'three strikes you're out' is relevant in Clyde's case. In addition, management reserves the right to reach a decision on disciplinary matters despite the absence of a requested union representative as per labor law. For example, management is allowed to reach a decision even although the investigated party (the fired employees) refused to participate without union representation at said disciplinary meeting. Anyway, it could be averred that the union representative wasn't immediately available because he didn't contact us until the following day.

Like the union's counterpart, management's advocate would apply the "Less is not more" model as it pertains to passionately raising issues during arbitration. I would mirror my adversary in all aspects described in the third paragraph of this paper.

After the four steps dance described in the fifth paragraph, I would effectively argue the issues raised in paragraphs six and seven, respectively.

The Arbitrator would more than likely rule in the favor of the union because of the lack of evidence: neither camera recording nor employees' confession. Thus, the Arbitrator would be forced to give the union the benefit of the doubt. Someone might counter that Clyde's termination would hold up even if Bonnie is reinstated because of her lengthy model employment in comparison to Clyde's unsuccessful and short employment record. To the contrary, Clyde and Bonnie would be 'in the same boat' (nope, not the getaway carJ) because the lack of evidence makes his checkered past not relevant to his reinstatement in his occupation. The late great Barrister Johnnie Cochran would put it best: "if you don't have the evidence to show... then you have to let my clients go."
In conclusion, I identified the issues raised in the assigned scenario and described what arguments I would make if I was representing the union in arbitration and if I was representing the employer in arbitration.




Karl A. Mitchell

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