Please write a case study according to the attached requirement file. I am also attaching two sample case studies

SUSTAINABLE CONSTRUCTION Abstract Sustainable construction aims at creation of structures using processes

SUSTAINABLE CONSTRUCTION

Abstract

Sustainable construction aims at creation of structures using processes that are environmentally friendly and preservation of the nature by reducing health hazards and environmental impacts caused by the processes of construction or by the built-up environment. There is the importance to engage in project planning that is of high quality so as to come up with a project that is a success and can be sustained. This paper looks to address the importance of designing and pre-construction in the construction sustainability projects putting into considerations the Living Building Challenge.

Introduction

Sustainable development has been defined has that which addresses the existing requirements devoid of conceding the capacity for the imminent generations to attend to their wants. For a long time mankind has lived without realizing that their activities had significant effect to the environment, the notion of supportable construction is a new idea that has not existed for long. Perceptions like energy-efficient materials, abridged site remains, and other various measures to keep the environment clean have only been recently stressed (Kaatz, Root, Bowen & Hill, 2006). Human being is now on the prominent control of this sustainability crusade, and it is proven by the presence of more than 60 green construction conventions globally and more than 130 building plans that are listed with the Austrian Sustainable Construction Council.

Therefore, as the emphasis on addressing environmental concerns, efficient utilization of the available resources, and with small footprints on our world growth, it becomes more significant for the existing and imminent plan directors to have power over the basics of the building procedure which can impact the environment in both the short run and the long run. Though, acting so is hard in the case where the planning prior to the commencement of the project is poor. The time and other human resources put in the process of scheduling a development plan dictates the tenor for its whole period and has immense influence on the general accomplishment of the project. The wide collection of criterions and necessities that should be met makes sustainable construction schemes normally much complex and expensive than developments that do not intend to achieve the sustainability goals in the short run but the long term benefits are countless (Kaatz, Root, Bowen & Hill, 2006).The designs and pre-construction have the most influence on the accomplishment and sustainability of these schemes. The aptitude of consideration and efforts devoted in these phases defines the project’s level of accomplishment in realizing its environmental objectives (Kaatz, Root, & Bowen, 2005).

As a certification program, the Living Building Challenge, addresses all buildings, at all scales and is an inclusive tool for transformative strategy. Whether the plan is building a solitary structure, a renovation, or a park, it offers an outline for proposal, building and refining the synergetic association amongst persons and all features of the constructed milieu.

Sustainable Building Principles

In the next thirty five years, it is estimated that the world economic activities will have multiplied almost five times and the total world population will have increased by over 50%. This means that the global consumption of energy will have tripled and the world manufacturing activities will also be expected to increase with at least three times. The building sector is one of the industries in the world that is arguably the most resource-intensive among the other industries. When put into comparison with the other industries in the world economy, the building sector is growing at a very fast rate and this has also led to the rapidly increasing world energy use of finite fossil fuel resources (Kibert, 2016). The over use of the natural resource has led to many raising concerns due to the difficulties experienced in terms of supply as these natural resources are getting depleted and also the construction activities have contributed to heavy environmental effects. These impacts include the depletion of the ozone layer, huge emissions of the carbon dioxide gas, global warming and alarming climatic changes (Kaatz, Root, & Bowen, 2005).

In the process of producing the building materials, a lot of energy tends to get consumed. The construction phase is also attributed to the consumption of a lot of energy and degradation of the environment and natural resources (Kaatz, Root, Bowen & Hill, 2006). After the completion of the building, a lot of natural resources are put into use to ensure that the constructed building is well heated, the lighting is good, power and ventilation for the constructed building to make it comfortable for the occupants. Apart from the overstretching on the usage of energy, the building sector is considered as one of the main contributors to environmental pollution (Kibert, 2016). The building sector is also a chief exploiter of the available limited raw materials with an estimation of around three billion tons of raw materials being consumed annually which translates to around 41% of the global consumption. The exploitation of these raw materials during the construction process is attributed to the production of a vast amount of waste products (Kaatz, Root, & Bowen, 2005).

The key themes that are associated with the key sustainability of a building include economic sustainability with calls for the preservation of extraordinary and steady planes of indigenous development and employment. This theme is characterized by principal issues like enhanced productivity where there is a consistent profit growth and the employees are satisfied. Another theme is the effective protection of the environment where it avoids the pollution of the environment with the protection and enhancement of biodiversity (Kaatz, Root, Bowen & Hill, 2006). The principal issues in this theme are the minimizing of emissions that cause pollution. There is the need for the prevention of the population from nuisance like noise and dust by employing a high-quality site and depot management. There is the need for ensuring minimal waste being produced and the disposal being effective. The prevention of pollution occurrences and violation of environmental obligations, creation of habitat and the improvement of the environment are also key principal issues. The protection of the ecosystems that are becoming more sensitive is essential and this can be achieved through practicing safe and clean construction practices that are carried out via close supervision. Sustainable building approach is one of the major means for the building sector to step towards the achievement of a development that is sustainable and puts into the considerations the environmental issues (Kaatz, Root, Bowen & Hill, 2006). The approach is also a means of exhibiting the responsibilities that are portrayed by the industry in the quest to conserve the environment. Sustainable building practice refers to an assortment of means and modes that are exploited in the course of action in the implementation of the building projects that comprise of practices that do not pose any or less harmful effects to the environment. This means that during the building and construction there should maximum effort being put in place to ensure that there is the prevention of waste being released to the environment, heightened recycling of the waste product being released by the raw materials during construction.

Place Petal

Place is one of the seven Petals that encompass the Living Building Challenge. All basics necessary for a self-sustaining structure are reliant on its locality. The weather, district, and natural landscape of the development site must be carefully considered as the constructed location should flawlessly cohabit with its natural environments. A living structure should be well modified for its setting so that it can engender energy, capture and treat water, and grow food in the most efficient way (Kaatz, Root, Bowen & Hill, 2006).

To meet the Place Petal requirement, the Child and Family care building will have to meet the following four imperatives:

Limits to growth

This imperative states where a living building can be constructed and where it cannot be constructed. It can be built on a greyfield, which is a previously developed site that is not contaminated, or a brownfield, which is a site that had been developed before and was contaminated by a pollutant or other hazardous substance. Additionally, the building site cannot be on or adjacent to sensitive ecological habitats such as wetlands or old-growth forests. The living building should restore a site to its natural state instead of damaging the existing ecosystems. In order to be truly generative and reduce urban sprawl, the living building restores the previously developed site to its original ecological state, and further improves its natural ecosystems (Kibert, 2016).

Given the two sites that are at hand the designers are expected to choose a construction site that gives room for the building been constructed in a location that is safe for the individuals who are expected to use the premises. Given that brownfield is a site that has already been developed and has been exposed to pollution and contaminated with hazardous material, it would not be ideal for the facility. Given that one of the key emphasis for sustainable construction is the need to have the sites in areas that are not contaminated or polluted there is the need to ensure that the designers choose a site that is not contaminated. One of the obligations of the designers to the future prospects to use a building is to ensure that the environment and surrounding that the users of the buildings are safe from any hazardous materials that may have been due to the effects of the construction process or existed before the construction and there were no mitigations to curb them (Kaatz, Root, Bowen & Hill, 2006).

Though after a lot of effort and resources being spend the site at brownfield may be rehabilitated and made safe and conducive to build the facility, the cost, time and resources spent in the rehabilitation of the land may be costly and that’s why the site at grey field is the best choice for the designers to erect the facility. The site at greyfield though it has been developed before it has not been contaminated and if any preparations would be needed before initializing the construction, it would not turn up to be costly as brownfield. In their work, the designers are expected to put into place all the measures required so as to ensure that the waste from the construction does not pollute the site and the surrounding. The designers are obligated to come up with a building that is eco-friendly, conducive to the occupants and that the waste from the raw materials used are well managed to minimize pollution.

Urban Agriculture

This allows people who live in the living building a chance to reconnect with nature and their food sources. Everybody wants to eat delicious, healthy, and sustainable food. Urban agriculture is the process of cultivating and distributing food around a community. Food brings people together, and when people grow their own food, they are able to connect with each other and the land. Urban agriculture can also include aquaculture, which is raising fish for consumption, keeping animals, and poultry. Plants do not have to be cultivated traditionally; they can be grown in a beautiful vertical or rooftop gardens, hydroponic gardens or orchards (Kibert, 2016).

Given that the facility is Child and Family Care Building there is the need for the designers to capture all the aspects that will make the families that visit the facility with the chance to connect with nature. The designers should, in their design come up with a design for the building that will be dedicated to nature (Kaatz, Root, & Bowen, 2005). The facility can be constructed in a way that there is a park that posse the aspects of nature so that the individuals using the facility can be able to reconnect with nature. The designers can also create a room for a garden where organic fruits and vegetables can be grown to supplement the demands of the facility. With the garden and park, the people can be able to interact and even forge a strong bond which is crucial for group of people from different and diverse backgrounds in ensuring that there is a good understanding and smoother running of activities in the facility (Kaatz, Root, Bowen & Hill, 2006).

Habitat Exchange

A significant goal of the Living Building Challenge is to preserve and expand the existing wildlife areas and prevent them from being destroyed by the development. This imperative seeks to conserve existing habitats and it does so through requiring that for hectare of the project site, an equal amount of land will be conserved through the Institute’s Habitat Exchange Program or approved land trust (Kibert, 2016). While we humans continue to enjoy a new living building in an urban setting, animals and plants can continue to live in their thriving ecosystems without the threat of human development compromising their habitats.

As stated earlier one of the key themes of sustainable building is the need to conserve the environment and protect the natural habitats. The designers of the facility should in their initial tour of the site take note of the natural habitats not only in the site perimeter but in the vicinity of the site (Kaatz, Root, & Bowen, 2005). These habitats should be the ones that guide the designers in the shape of the facility as they should not be endangered but preserved. These habitats if used in the designing of the facility and incorporated in the initial design, they would help in bringing out the nature effect of the facility.

Human-Powered Living

People generally do not take stairs. We all know it is better than taking the elevator, but most buildings have centrally located elevators and slightly obscure stairways. To meet this last imperative, living building must be designed in a way that minimizes transportation-related pollution (Kaatz, Root, Bowen & Hill, 2006). The building layout should encourage people to take the stairs and promote mobility. On-site showers, enhanced pedestrians’ walkways, and protected storage areas for human-powered vehicles to promote biking or walking to work which have environmental and health benefits.

Healthy living is one of the major trending activities globally. There are calls been made daily on every social media platform for individuals to live a healthy life. Walking is one way to keep healthy. With the generation where everything is automated, there is the need to give incentive to individuals to walk. The designers of the facility, considering that people do not like taking stairs rather they use lifts, should come with ways to mitigate this. This can be made by making the stairs easy to climb, making the route scenery and fun to use and minimizing the number of lifts (Kaatz, Root, & Bowen, 2005).

Water Petal

Everybody needs water to survive, not just humans but even plants and animals. Water covers almost 71% of the earth’s surface, but only about 1% of that water is potable. The quantity of this drinkable water which is safe for human use is at jeopardyowing to water scarcities and deprived quality water around the world. As a result, water scarcity affects over a billion individuals globally (Kibert, 2016). For causes such as water overuse, pollution, drought, war, and distance, people cannot get the water they need. It affects places from every continent from developed countries to developing world. With this eminent problem, Living Building Challenge needspeople to esteem water as a priceless resource and redefines how we treat our water sources.

Net Positive Water

The Water Petal has only one imperative-net positive water. Net positive water requires that a certified living building meet more than 100 percent of its water demand by collecting, treating and recycling water on-site. Over a twelve-month period, a living water requires that a certified living building must generate and treat a great amount of water than what the building needs to operate, and the excess water may be used by the community (Kaatz, Root, Bowen & Hill, 2006). Aside from the fire/life safety system, it is a large task, considering the project site must support urban agriculture, which requires a fair amount of water for irrigation. In addition, the water must be treated with chlorine, calcium hypochlorite, or sodium hypochlorite because there are harmful chemicals that are banned by the Red List, a list of over 800 chemicals that have been found harmful to living creatures and/or the environment by various regulatory agencies (Kaatz, Root, & Bowen, 2005).

To achieve net positive water, a living building will be built to mimic the natural hydrology of the project site. Rainwater will flow into large cistern. This rainwater will be treated and used within the building as portable water. Portable water that has been used for washing becomes grey water. This grey water may be used to irrigate the urban agriculture on the project site, recycled and used to flush toilets, or treated to make it portable again (Kaatz, Root, Bowen & Hill, 2006). Water that contains human wastes from toilets and bathrooms is considered black water and must be treated on-site. Most of the time, a living building uses a closed-loop system to capture, treat and recycle all of the water on the project site, so the building’s portable water may be a combination of treated rainwater and former grey water.

Engineered Bio-systems Building

An example such systems is the Engineered Bio-systems Building (EBB). Although the Engineered Bio-systems Building is not a certified living building, its water management provides how the Child and Family care Centre might manage its water. The EBB is designed to divert groundwater from the slabs and foundation walls through a conduit to a low collection point (Kibert, 2016). A pump takes this water to the filtration and cistern system. The EBB also captures rainwater and chiller condensate. This water can be used to flush the toilets in and irrigate the surrounding landscape (Kaatz, Root, Bowen & Hill, 2006).

Conclusion

The sustainability crusade has totallyaltered the way people perceive construction. As people have been able to realize how impermanenttheenviron is, they have developedawareness of the significance to slow down and think how it is being used. It has helped us realize that we need to coexist with nature in order to ensure long term survival of both us and the environment. Sustainable construction is alignedround the notion of plummeting the effects that our conventionallymurky and expensive sector can have on the surroundings. As members of the construction industry, we need to clasp this notion and express its significance to the proprietors who offer us work; not only for its financialadvantage, but also for the advantages it delivers to everybody.

References

Dey, A., LaGuardia, P., & Srinivasan, M. (2011). Building sustainability in logistics operations: a research agenda. Management Research Review, 34(11), 1237-1259.

Kaatz, E., Root, D., & Bowen, P. (2005). Broadening project participation through a modified building sustainability assessment. Building Research & Information, 33(5), 441-454.

Kaatz, E., Root, D. S., Bowen, P. A., & Hill, R. C. (2006). Advancing key outcomes of sustainability building assessment. Building Research & Information, 34(4), 308-320.

Kibert, C. J. (2016). Sustainable construction: green building design and delivery. John Wiley & Sons.

RESOURCES BASED VIEW OF FACEBOOK 4 1 Resources Based View of Facebook

Please write a case study according to the attached requirement file. I am also attaching two sample case studies Religion and Theology Assignment Help RESOURCES BASED VIEW OF FACEBOOK 4

1

Resources Based View of Facebook

The operations of any company are always linked to some strengths and weaknesses. One of the methods that can be used to look at the strengths and weaknesses of the company is the resources based view. More specifically, the use of VRIN model can be used to analyze the company’s strengths and weaknesses in an effective way.

Facebook Resources

Large Database

One of the strengths of Facebook in terms of resources and possessions is in its information database that has a total of 845 million users from all over the world (Raacke, & Bonds-Raacke, 2008). Having such a large following has made the company stand tall amongst its close competitors like Google+ who have not even hit half of the amount of users like Facebook (Brooks, Heffner, & Henderson, 2014). This resource happens to be very valuable for the company as it keeps it running and improving its functionalities. Attaining this number of customers is rare as it has not been done by any of the company’s close competitors. Despite the resource being valuable and rare, the resource can be attained by any of its close competitors and it cannot be substituted.

High-end technology

The company has been using some of the best technologies in the world as a way of keeping with its customer’s and expectations. As a result of the technology adopted by the company, it introduced a functionality that gave merchant websites an opportunity to embed its “like” button. The “like” button provision made the company develop a unique utility to track the acceptance of a specific product as well as the preference of some specific brands (Raacke, & Bonds-Raacke, 2008). Through this provision, the company has offered others companies that may be interested in advertising through its social media pages track these two important utilities, thus being easy to respond to their customer preferences and choices (Barney, 2001). The technology has been very valuable to the company in making it meet the needs of its customers from all over the world. The technology applied by the company is unique and rare for its key competitors to acquire and update their functionalities to those offered by Facebook. The technology can however be imitated by its competitors while at the same time being highly substitutable by any other technology that could be introduced in the near future. The presence of better technologies in the market will lead to an ultimate replacement of the existing technologies.

Qualified Personnel

When it comes to competition, some of the close company competitors like Path, Google+ and its close substitute WhatsApp, the process of aggregating and collating a large database for user moods, likes, dislikes, and preferences will take a long time. Achieving this has been made possible as a result of having a highly qualified workforce that works round the clock to ensure perfect performance by the company. The introduction of these features by Facebook has been associated with its experience in the field and the company continues to add more features to its functionalities, thus making it a darling to many as opposed to its close competitors (Vitak, & Ellison, 2013). Managing such a large database perfectly has been considered a key strength for the company over its close competitors and it calls for a highly qualified personnel to attain perfectly.

However, the company has been surpassed by Google in terms of its user base in different portfolios like YouTube, Gmail, and Android (Raacke, & Bonds-Raacke, 2008). Google has proved its ability to handle large datasets in running all these portfolios successfully when compared to Facebook that only runs only a single portfolio (Brooks, Heffner, & Henderson, 2014). Google has thus proved to be one of the main competitors for Facebook in relation to its potential in developing treasure from the information that it handles through its various platforms. This resource is highly valuable for the company as it ensures smooth running of operations. The resource is not rare, can be imitated and it can be substituted with technologies that could work towards making the operations of its company more efficient.

VRIN analysis report for Facebook resources

Resource

V

R

I

N

Large database

x

x

x

High-end technology

x

x

x

x

Qualified personnel

x

x

Facebook Capabilities

Ability to develop unique products

When it comes to capabilities, Facebook has over the recent past been working towards building new techniques and products for its users to communicate for purposes of maintaining and building a competitive advantage (Raacke, & Bonds-Raacke, 2008). To meet this, the company has introduced features like Timeline, Subscribe, Spotify integration and a new application platform that have all made the company to adapt on how its customers use the web (Sheldon, Abad, & Hinsch, 2011). Facebook has also improved its capabilities in handling hacking threats by developing features like S-1 filing that enables it to develop new elements and fix issues in a fast and iterative manner. By being in a position to handle security threats adequately, the company has had an upper-hand in handling its customer worries as opposed to its close competitors who do not have the ability to deal with some of the worries that affect their customer satisfaction (Vitak, & Ellison, 2013).

Highly innovative

The company has also remained innovative over the years as a way of meeting the needs and expectations of its customers in different parts of the world. The innovation has led to the introduction of new features that have improved the functionality of the social media platform (Raacke, & Bonds-Raacke, 2008). The features have also made it easy for other firms to grow their businesses by monitoring their growth over time. This is however in contrast to its main competitors who have been slow in keeping their technologies updated and up-to date (Barney, 2001). The result has been a significant growth in Facebook’s popularity over the last few years as opposed to any of its close competitors and new entrants into the market like Google+ and Path respectively. Despite being innovative, the company has not had been able to deal with its privacy and data security issues promptly, thus threatening the operation and existence of the company in the highly competitive technology market (Brooks, Heffner, & Henderson, 2014).

Meeting customer needs

The company has been working towards meeting the needs of its customers by accepting their contributions and in-cooperating them in their products. This capability has been highly valuable to the company as it makes it easy to address their needs perfectly by developing products that are tailored towards meeting their customer needs. It is rare for large companies to factor in the input of its customers as they always believe in their highly trained professionals, thus making this capability rare for the company. It is easy for any organization to imitate this capability despite being non-substitutable.

VRIN analysis report for Facebook capabilities

Capability

V

R

I

N

Developing unique products

x

x

Highly innovative

x

x

Meet customer demands

x

x

x

x

References

Barney, J. B. (2001). Is the resource-based “view” a useful perspective for strategic management research? Yes. Academy of management review, 26(1), 41-56.

Brooks, G., Heffner, A., & Henderson, D. (2014). A SWOT analysis of competitive knowledge from social media for a small start-up business. The Review of Business Information Systems (Online), 18(1), 23.

Raacke, J., & Bonds-Raacke, J. (2008). MySpace and Facebook: Applying the uses and gratifications theory to exploring friend-networking sites. Cyberpsychology & behavior, 11(2), 169-174.

Sheldon, K. M., Abad, N., & Hinsch, C. (2011). A two-process view of Facebook use and relatedness need-satisfaction: Disconnection drives use, and connection rewards it.

Vitak, J., & Ellison, N. B. (2013). ‘There’sa network out there you might as well tap’: Exploring the benefits of and barriers to exchanging informational and support-based resources on Facebook. New Media & Society, 15(2), 243-259.

12 1 The Role of the State (Government) As an Actor in

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The Role of the State (Government) As an Actor in Employee Relations

Employment relations are core drivers of economic success (In Hayter and In Lee, 2018). A working environment that is characteristic of an unsatisfied or unhappy lot of employees is worrisome. A disengaged staff is more often than not unproductive, a condition that is detrimental to an organization’s financial position, and the state’s overall economic success. Essentially, it is important that the employment relationship is fostered on trust, mutual respect, and appreciation. Employment relations have evolved considerably over the pre-dated economic progressions. The term employment relations was previously coined as ‘industrial relations’ (In Hayter and In Lee, 2018). Industrial relations dwelt solely on the idea of the relationship between proprietors and their subjects. Today, the appellation entails much more. Albeit it denotes rather a collective association between an employer and his workers and the workforce balance in its entirety. What this means is that the relationship is not only limited to the parties’ co-existence, but also about the recognition and rewards associated with a healthy working environment. A significant amount of employees work in organizations or firms (Blackford, 2008). Sadly, this lot is often not as protected under the labor laws unlike their peers in the public sector (Compa and Human Rights Watch Organization, 2000). Thus giving their firms an unfair advantage; a prejudiced bargaining power. Employment relations are a big contributor to a state’s economy, as such, the state is ultimately inclined to steer the enforcement of some labor policies. The aim of this paper is to illuminate the importance of state intervention in employee relations. The scope of the labor markets will focus on the United States of America and the United Kingdom.

Importance of Employee Relations

As aforementioned, employee relations are a crucial factor in the economic field. A positive relationship translates to a motivated and productive workforce. In order to yield efficiency and make productivity a realization, a proper understanding of employee relations is essential. There are four key pillars to look into when handling an employer-worker relationship. The four entail, transparency in communication, feedback, recognition, and value. Communication is fundamental in any affiliation. Employees spend a significant amount of their time in their workspace. Therefore, it is sound and reasonable to guarantee that they are comfortable in their surroundings. An effective way to achieve a healthy communication ambiance is to establish regular feedback programs that promote communication flow across the employment hierarchies. Recognition, on the other hand, denotes gratitude. Human beings are social beings. Consequently, there exists an incessant need for recognition and self-actualization in order for them to survive. Maslow’s hierarchy deems that people have a specific allotment of needs that need to be fulfilled and that it is crucial for their development (Maslow, 1943).

Apart from the physiological basics such as food, water, and air, a lack of some prerequisites would render an individual discontented and exasperated. Some of these vital wants include self-confidence, a healthy amount of friends, employment, et cetera. Maslow posits that security and acceptance come above the basic needs. The two tiers can only be achieved through recognition and respect. Whereas it is arguable that the basic needs are not accounted as the most immediate of human needs in Maslow’s hierarchy chart. It is indisputable that an individual’s sense of acceptance and recognition materializes into a certain level of indispensable psychological development. A healthy psychological status is proportional to a good working condition. Recognition can be best achieved through rewards which posit as good motivation pointers. Value is achieved through investment. Employers should genuinely value the efforts of their workers. Caring about an employees’ welfare on a professional and rather personal level goes a long way in coining respect. If anything, a happy workforce translates to valued productivity. Productivity and success ultimately lead to the security that brings upon the luxury of achieving the basic wants.

Fostering a good workplace relationship, therefore, generates a great number of outcomes in any organization or state. The benefits are highlighted in-depth below. Firstly, success is a combined effort; no individual can achieve it solely on their own. Brilliant ideas often crop up from ingenuity and co-existence. Mashing up the brain-power in a labor force can help achieve this. However, such peaks only come about when the workers work in harmony, a situation which is directly correlated to good employee relations. The work is also manageable and interesting when there exists a healthy relationship between workers and employers (Juneja, 2018). A healthy employee relationship promotes productivity. As mentioned earlier, productivity is achieved from a sense of satisfaction and improved morale. A good work relationship also fosters employee loyalty. Employees are loyal to organizations that show concern for their welfare. Employee loyalty ideally leads to better retention which translates to economic sustenance. Economic sustenance in the sense that the cost of recruitment is reduced, thus channeling the funds into other avenues aimed at developing the company.

The Role of the State in Employee Relations

The work processes and employee relations are mostly influenced by certain agencies that work under the government, if not by the government itself. Such influences are regulated by stipulated policies or laws. The legal framework associated with employee relations function effectively when the government works in conjunction with other key role players, such as trade unions, employers, et cetera. Generally, the state is not viewed as a single entity per se, but rather a collection of diverse agencies (Hyman, 2009). Every one of these distinctions has a divergent role to play. The various agencies influence workforce relations in different ways. Case in point, the involvement of the judicial system in solving breach of contract cases. The state also delegates some of its power to particular institutions like the employment tribunals and the Commission of Low Pay (LPC). The LPC is tasked with ensuring that workers are paid according to the minimum wage requirements. The commission was established in Great Britain following the existence of the National Wage Act of 1998. Ideally, the reason behind the state’s engrossment in employee relations is to promote and instill the social and economic prosperity of the entire nation. The nation’s prosperity can be achieved by ensuring that the employment levels are increased or maintained. Another contributing factor of prosperity is to promote price stability across the labor markets.

Countless accounts record the state’s involvement in modifying employee relations (Hyman, 2009). The extent of the policy regulation, however, depends on the jurisdictional restrictions and the existing political values of the state in question. Nevertheless, there are distinct policies that are common across the global borders. Such policies entail employers’ rights, standard rights, legislator rights, price and income regulators, and the defender of citizens’ social rights. In regards to the first point, the state can act as an employer who is entitled to their right. Albeit, the employer should be responsible, and in so doing regulate the work environment among the business competitors. The regulation of this environment can be done through sensitization of employee rights. The fair working environment, however, is not one-sided, but should also be exercised by the trade unions and workers in the public sectors (Winchester, 1983). A conducive environment would reduce the level of conflict that crops up in employment relations. The state’s capacity to become an accountable employer promoted the development of trade unions within the public sector. Case in point, unions have thrived in the health services, education sector, and the civil service over the recent years (Frege & Kelly, 2003).

The state also acts as an income regulator. The state takes on this mantle in order to control the rates of inflation in the respective countries. For example, the year 1970s is a period marked in history whereby the state sort to consult with the trade unions and the employers on the acceptable income levels (Frege & Kelly, 2003). The state regulates macro-economic programs and fiscal receipts. ‘Return-to work’ benefits are some of the programs that are coordinated. Labor mobility efforts are also enforced by the state in order to encourage employment and in the sense reduce the levels of skill shortages. Labor mobility dampens the individuals’ overdependence on their employers (Rubery and Grimshaw, 2003). Independent employees will be able to survive in periods of sudden unemployment or economic recessions.

Quality working standards is a necessary factor among workers’. The state is an active contributor to the regulations of policies behind this sector. Significant strides have been recorded over the state’s involvement in championing for workers’ rights. Case in point, the Women Employment Act and the Young Persons Act of 1920. Unfair dismissal and equality in pay are also included in the protective standards. The protective interventions imposed by the state led to the development of specialized agencies such as the Commission of Equal Opportunities (EOC). Today, such interventions include the (LPC). As a legislator, the state is involved in the direct promulgation of policies and laws (KahnFreund, 1965). The processes involved in the legislation include three distinct classes. Firstly, an auxiliary function is coined which facilitates quality employment relationships. This is achieved by imposing specific sanctions against those that go against the rules. A typical example of such employment codes include the procedural practices that are usually allotted by the Advisory, Arbitration, and Conciliation Service (ACAS). Secondly, there is a law that prevents certain lawful practices such as the execution of child labor. The last class entails the regulative function that fosters equal working standards among the workers.

It is thus evident that the state plays an important role in regulating employee relations. The policy objectives that are effected genuinely shape the social aspect of the economic markets. A regulated working environment promotes political democracy which in turn shields workers from unfair working conditions. However, the effectiveness of the state mandate is contingent on the government in question. With different eras comes different policies. The legal framework across the borders constitutes a number of specificities that bind the parties involved. For example, the amount of pay, working hours, and the obligations of the parties involved in the agreement. Apart from regulating the policies involved in the working environment, the government can also step in when boundaries are breached. The state takes part in the settlement procedures in the courts by solving or adjusting flawed policies and failed obligations. Essentially, the involvement of a state in employee relations is favorable to the government, the employers and the employees. A stable working environment generates employee satisfaction. Satisfied employees translate to improved efficiency and economic growth (International Labor Conference and International Labor Office, 2008). A stable economy is able to create enough employment opportunities, a situation that would lead to reduced crime and poverty levels.

Theories of employment relations

There are a number of theories that best describe the employment relationships. Some of these theories include the Unitarist, the Marxist and the Pluralist perspectives. These theories seek to illuminate and provide a clear understanding of the roles of unions in employee relations, the conflicts involved, and the job regulations that exist in the different working sectors (Edwards, 2003). The Unitarist theory depicts the harmonious integration of the workers in an environment; the group is bounded by one common goal. In the Unitarist set-up, mutual cooperation is key. Following this level of cooperation, the involvement of trade unions is almost never necessary. However, as is typical in any heterogeneous environment, conflicts are bound to occur. In this work environment, the predominant conflicts are those that culminate from interpersonal differences (Talbot, 2017). The Marxist theory, on the other hand, resembles a capitalist society. A working environment that is characteristic of this theory recognizes inequalities. Such a set up promotes active conflicts which attract the participation of trade unions (Hyman, 1979). In the Pluralist theory, the organization is made up of distinct groups and classes. Every class follows their own set of legal policies. In this category, both the management and trade unions are active participants. Given the variant loyalties and legalities, conflict in this category is inevitable. However, the conflict is easily resolved through collective bargain. Conflict in these three theories does not necessarily mean failure, but rather an opportunity to foster ingenuity and positive evolution. It is debatable whether or not private workers receive fair treatment in the working environment based on the disproportionate power that the private firms have. Classic examples will be discussed with regard to the inequalities that exist in the public and private sectors. Regardless of the need to promote ingenuity and change, such distinct discrepancies should not be present. Employers should foster a healthy working environment for their workers.

Variations in the Public and Private Protection Labor Laws

Private sector employees mostly work in firms and non-profit organizations, whereas, the public workers work in the public service performing services that entail, law, public safety, public education and so on. Public workers, in essence, are granted certain rights that their counterparts fail to enjoy. Some of the benefits accrued by individuals in the public sector are influenced by union groups. However, there is a downside to the unions which will be discussed in-depth later in the paper. When it comes to job security, workers in private firms are less unstable and can be terminated over petty matters such as strongly opinionated stands. Their job security is additionally unstable owing to the fact that this lot works on contracts. In the government sectors, however, the employers cannot terminate an individual’s job unless there is a credible cause such as a misconduct or work violation. In the United States of America, the constitution through the first amendment shields the government workers from work termination by their employers when they participate in free speech. Those working in the private sectors are not protected under the same law (Mansour and Kamal, 2018).

There are certain legal particularities when it comes to the private-public labor protection laws. The compulsory unionism of the public sector employees is incentive driven and promotes the relevant agencies to politicize their benefits. Workers from the private sector do not have such benefits. They are not motivated to participate in political activities since their incentives are negligible. Government employees, on the other hand, reap lump-sum incentives which encourages them to vote for their employers in the political forums. The likelihood of favoritism towards public employees is inevitable, and this in most cases detrimentally affects the taxpayers and private citizens (Hunter, 1999).

Some Political Philosophies Associated with the State’s Legal Intervention

Legal policies and stratagems are peculiarly contrived to constrain any unsavory political forces. Not to dampen the efforts of the state in handling labor policies, but rather illuminating some forces that are manipulated by specific groups to accomplish a certain economic advantage. These particular groups mask their involvement in the labor forces such that the public is compelled to believe that some social arrangements are rational and legitimate. Some public sector employees are often subject to unfair representation since some unions foster their own development (Hunter, 1999). A classic example of unfair representation is depicted in the early conservative governments that existed in the year 1980. The government at the time rejected the idea of labor regulations. Nonetheless, these institutions set wages in masked schemes. The schemes manipulated the interest rates to their advantage, and also took part in the supply of money in the economic markets. The modus operandi behind the state laws ideally leads to the legitimization of the policies and ideologies. The state should step in and dismantle these pre-stated dogmas in order to ensure a fair legal working environment. The patterns of unfair dominion should be abolished if an effective employee relationship status is to be achieved.

The Impact of the Current Economic Trends on National Trade Unions

Unions are facing economic challenges across the globe. Despite the shift in the economic markets, and the declining density of this institutions, unions still remain to be important players in the capitalist markets (Frege & Kelly, 2003). The declining numbers necessitate the need for union revitalization. The revitalization of the unions is important more so because they shaped the very existence of the economic history of some states such as The Great Britain. The existing inequalities of power during the dated ages of Britain were characteristic of the Marxist theory. The employers and elite of the society exploited their workers. At the time, no plausible solutions were available. Trade unions came into existence in order to protect the workers’ rights through workplace protection, and wage regulation. The involvement of the trade unions at the time gave rise to the realization of the mutual agreement. This agreement resembled the Pluralistic theory of employee relations. Thus, the United Kingdom was and is still dominated by the Pluralistic perspective in employee relations and conflict resolution.

The changing economic tides are directly related to the decline in the trade unions. The alterations in the global markets have in a sense been positive in areas where the state actively participates in employment relations. Fair political, societal, and economic changes are some of the positive changes that caused this shift (Waddington and Hoffmann, 2000). Membership decline is also a contributing factor in union deterioration. Membership patterns transformed as a result of the labor workforce changes. The rise in part-time jobs and the number of young workers are part of the workforce changes. The young workers and part-time laborers demonstrated a reluctance in joining these unions. In so doing, the representation structures were eroded.

Conclusion

Industrial relations exist chiefly to protect every party that is involved. A good balance between life and the workplace is crucial for a person’s development. Good employee relations should advocate for this equilibrium. A clear understanding and upholstering of the dogma is essential for stability and economic sustenance. The government is tasked with pacifying the labor concerns by actively supporting free-market principles and to also champion for fairness in the working environment. It is necessary that people are well informed of the dynamics of the working environment, and as such can, therefore, be able to fight for their rights.

References

Blackford, M. G. (2008). Rise of Modern Business: Great Britain, the United States, Germany, Japan, and China. The University of North Carolina Press.

Compa, L. A., & Human Rights Watch (Organization). (2000). Unfair Advantage: Workers’ freedom of association in the United States under international human rights standards. New York: Human Rights Watch.

Edwards, P. (2003). The Employment Relationship and the Field of Industrial Relations. Britain: Blackwell.

Frege, C. M., & Kelly, J. (2003). Union Revitalization Strategies in Comparative Perspective. European Journal of Industrial Relations, 7-24.

Hyman, R. (1979). Theory in Industrial Relations: Towards a Materialist Analysis. Matthes Joachim, 247-270.

Hyman, R. (2009) ‘The State in industrial relations’, The Sage Handbook of Industrial Relations, P. Blyton, N. Bacon, J. Fiorito and E. Heery (eds), Sage, London.

Hunter, R. P. (1999, August 24). Important Differences between Government and Private-Sector Unions. Retrieved from Mackinac Center: https://www.mackinac.org/2309

Juneja, P. (2018, July 11). Importance of Employee Relations – Why Employee Relations at Workplace? Retrieved from Management Study Guide: https://www.managementstudyguide.com/importance-of-employee-relations.htm

International Labor Conference, & International Labor Office. (2008). Skills for improved productivity, employment growth, and development: Fifth item on the agenda. Geneva: International Labor Office.

In Hayter, S., & In Lee, C. H. (2018). Industrial Relations In Emerging Economies: The quest for Inclusive development. Cheltenham, UK: Edward Elgar Publishing.

Rubery, J., & Grimshaw, D (2003).The Organization of Employment: An International Perspective. Palgrave Macmillan LTD., London.

Mansour, M. S., & Kamal, H. H. (2018). Job security and temporary employment contracts: Theories and global standards. Cham: Springer.

Maslow, A. H. (1943). A Theory of Human Motivation. Psychological Review, 370- 396.

Waddington, J. and Hoffmann, R. (2000) ‘Trade Unions in Europe: Reform, Organization and Restructuring’, in J. Waddington and R. Hoffmann (eds) Trade Unions In Europe: Facing Challenges and Searching for Solutions, pp.27–79. Brussels: ETUI.

Talbot, M. (2017). Relational-gesalt Theory: The Psychology of Interpersonal Conflict Resolution. Mediation Theory and Practice, 157-190.

COURSEWORK ASSIGNMENTAcademic Year 2018/19 Module Code: BHM 349 Module Name: Employee Relations

COURSEWORK ASSIGNMENTAcademic Year 2018/19

Module Code: BHM 349

Module Name: Employee Relations in Context

Module Leader: Dr. Vidu Badigannavar

Coursework Title:

A 3000 word essay on the following topic:

Critically examine the role of the State (government) as an actor in employment relations.

Task Details/Description:

Students are expected to write an essay not exceeding 3000 words on the given essay topic.

Module Learning Outcomes Assessed:

1. Demonstrate understanding of basic concepts, theories and perspectives of employee relations

2. Critically evaluate the impact of local, national and global contexts shaping employee relations.

3. Examine the roles and functions of different groups or stakeholders in employment relationship

Presentation Requirements:

Word Count: 3000

Font Size: 12

Line Spacing: Double

The word count includes citations within the main body of your essay. However, it excludes the list of bibliographic references at the end of your essay, any tables and graphs.

Submission Date & Time:

25 November 2018 by 12 noon.

Assessment Weighting for the Module:

Percentage: 100%

Assessment Criteria

Ability to engage in a critical review of relevant literature

Demonstrate wider reading and ability to engage in independent research which goes beyond lecture materials.

Ability to think laterally across topics covered on this module to answer the essay question

Argue analytically, logically and coherently.

Wherever possible, support arguments with evidence from published sources

Cite and/or quote sources of information appropriately in the main body of the essay. Provide full list of bibliographic references at the end of the essay.

Ethical Requirements

Students are not expected to collect primary data for this essay. However, if they choose to do so, they will be required to follow the University’s ethical regulations and seek written approval from the tutor.

Essential Reading for Coursework Task

(if in addition to reading provided in the module outline):

Please note that this is not intended as an exhaustive or definitive list of readings for this piece of coursework. Instead, the articles/chapters listed below should be viewed as core or essential readings that may act as a start point as you prepare to tackle this assignment:

Frege, C. and Kelly, J. (2013) ‘Comparative Employment Relations in the Global Economy’ Routledge, London and New York

Williams, S. (2014) ‘Introducing Employment Relations – A Critical Approach’, Oxford University Press, Oxford, UK.

Dundon, T. and Rollinson, D. (2011), ‘Understanding Employment Relations’ 2nd edition, McGraw-Hill, Berkshire, England.

Frege, C. and Kelly, J. (2004) ‘Varieties of Unionism – Strategies of Union Revitalization in a Globalizing Economy’ Oxford, Oxford University Press.

Badigannavar V. (2017) ‘Is Social Partnership the Way Forward for Indian Trade Unions? Evidence from Public Services’ International Labour Review, Vol.156 (3-4): 367-394

Badigannavar,V. and Kelly, J. (2012) ‘Do Labour Laws Protect Labour in India? Union experiences of workplace employment regulations in Maharashtra, India’ Industrial Law Journal vol.49 (4): 439-470

Workplace Employment Relations Survey 2011-12.

https://www.gov.uk/government/publications/the-2011-workplace-employment-relations-study-wers

Website of the Trades Union Congress UK http://www.tuc.org.uk/

Website of the International Trade Union Confederation (ITUC) http://www.ituc-csi.org/

Website of the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) http://www.aflcio.org/

China Labour Bulletin http://www.clb.org.hk/en/

Solidarity Federation http://www.solfed.org.uk/

European Trade Union Confederation http://www.etuc.org/european-trade-union-confederation

Confederation of British Industry (CBI) http://www.cbi.org.uk/

Involvement and participation association of UK http://www.ipa-involve.com/

Institute of Directors www.iod.com

Institute of Employment Rights www.ier.org.uk

This is not an exhaustive list of readings or internet sources. Please do your own independent research in addition to the readings & information sources listed above. Please refer to the module outline/specification for a list of useful journals recommended for this module.

Regulation 2015/2424 and Directive 2015/2436 6 Impact of Regulation 2015/2424 and Directive

Regulation 2015/2424 and Directive 2015/2436 6

Impact of Regulation 2015/2424 and Directive 2015/2436 on EU Trademark Law

Impact of Regulation 2015/2424 and Directive 2015/2436 on EU Trademark Law

A trademark is a word, logo, device or any other distinctive feature that can be represented graphically and serves the purpose of distinguishing the goods of one organization from another. Since 1994, the Council Regulation 207/2009 has been the law regulating trademark use in the European Union. The 207/2009 Regulation gave rise to the first EU-wide unitary IP right, the Community trade mark CTM, which is provided for by the Office for Harmonisation in the Internal Market (OHIM) in Alicante, Spain. The Community Trade Mark system was outdated owing to the changes in the business environment. The harmonization efforts were also quite limited owing to the rigid substantive rules. The recent publication of the amended Trade Mark Regulation 2015/2424 and the new European Union Trade Mark Directive 2015/2436 has made great changes to the Council Regulation 207/2009. This paper aims to critically discuss on the impact of the said changes to Article 4 of the regulation 207/2009 on the Community Trade Mark.

Regulation 2015/2424 came to force on 23rd March 2016 and the deadline for transposition by member states is expected to be in 2019. In 2015, the European Parliament approved a Reform Package that has brought key changes to community trademarks and owners of national trade marks in the EU (Wallace, Pollack & Young, 2015). The changes are institutional, technical and in terms of fees. Some of these reforms include new terminologies;’ Community trademark’ has been replaced by European Union trademark’ or EUTM under Article 1(2) while the Office for Harmonisation in the Internal Market (OHIM) is now the ‘European Union Intellectual Property Office’ or EUIPO under Article 1 (7). There are also changes in fees and filing, absolute grounds, representation of trademarks, classification of goods and services, anti-counterfeiting protection and oppositions.

Article 4 of the Council Regulation No. 207/2009 on the community trademark talks of the signs which a Community trademark may consist of. It stipulates that “A Community trade mark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings”. The regulation stipulated that graphical representation of trade marks was a must. However, the amended Trade Mark Regulation 2015/2424 and the new European Union Trade Mark Directive 2015/2436 removes that requirement. Regulation (EU) 2015/2424 of The European Parliament and of The Council under Article 4 states that “ An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colors, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of: (a) distinguishing the goods or services of one undertaking from those of other undertakings; and (b) being represented on the Register of European Union trademarks (“the Register”), in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.”

The directive 2015/2436 under Article 3 reiterates the same as the aforementioned article. The key reform in both articles is the removal of the graphical representation of trademarks. The provision that a trademark must be represented “graphically” was removed in October 2017 and replaced with a requirement that the “clear and precise subject matter of the protection afforded to its proprietor” (Bolte, 2016). This is as long as the sign is clear and concise and can be represented even using technology. The impact of this change is quite positive on organizations and companies wishing to register nontraditional marks such as sounds, colors and shapes among others. This therefore opens up possibilities to register an array of marks which could not be previously registered under Regulation 207/2009. The legislative reform package aimed at impacting the new business environment and creating more potential in the trademarks market. The trademark system is now more effective and user-friendly because of the less restrictive rules on graphical representation because companies can use technology to represent their goods and services. More companies have been drawn to the opened up opportunities because the trademarks have been diversified.

With the changing business environment and being at the peak of the technological era, the new laws have been able to match up to the member state needs. The flexibility of the Regulation 2015/2424 and Directive 2015/2036 has also made more states join the Union. Additionally, the modernization and inclusion of use of generally available technology to represent trademarks in the legislations has made trademark systems of the EU more accessible and efficient for organizations. The impact of this is that organizations incur lesser costs in terms of their trademarks because it can be done even through MP3 discs. The process is also less complex at the moment as compared to time when graphical representations was required. Not using graphical representations is also more expeditious because one can use technology to do the work. The new provisions also provide for a greater sense of legal security because there is protection of the Intellectual Property rights even when an organization uses digital means for their trademarks.

Moreover, with regard to Directive (EU) 2015/2036, all member states are expected to remove from their local laws the requirement for a graphical representation of signs for registration as national trademarks. Further, registration of non-traditional marks has been made easier and less procedural. The earlier requirement made it impossible because NTMs could not be seen hence the provision was impractical and restrictive even with the technological advancements in the business environment. This is clearly outlined in the Sieckmann case where it was impossible to register an olfactory sign due to the provision of the graphical representation. The abolition of graphical representation has really opened up opportunities for trademark owners to register even multimedia marks and the registration process for non-traditional marks has been simplified.

However, in as much as non-conventional marks, such as sounds, smells or tastes are now catered for, there is not really much impact in that area because of the restriction of distinctiveness as stipulated under Article 7 of the Regulation 2015/2424. It is also difficult to represent these marks in a clear, concise and precise manner. Additionally, it is still impossible to register olfactory, tactile and taste marks according to the European Union Intellectual Property Office guidelines which state that these signs are not accepted (Trillet, 2013). This is quite demoralizing owing to the technological advancements in this business era especially after the restrictive rule of graphic representation. However, owing to this amendment being fresh, we may have to wait for a couple of years for it to have real impact. In conclusion, the abolition of the graphical representation is a big step for the European Union to ensure legal protection of trademarks in line with the increased digitalization and technological advancements.

References

Wallace, H., Pollack, M. A., & Young, A. R. (Eds.). (2015). Policy-making in the European Union. Oxford University Press, USA.

Bolte, J. (2016). The Removal of the Requirement for Graphical Representation of EU Trade Marks: The Impact of the Amending Trade Mark Regulation.

Trillet, G. (2013). Registrability of Smells, Colors and Sounds: How to Overcome the Challenges Dressed by the Requirements of Graphical Representation and Distinctiveness within European Union Law? Colors and Sounds: How to Overcome the Challenges Dressed by the Requirements of Graphical Representation and Distinctiveness within European Union Law.