Archive for month: November, 2023

Select one of the following case studies (located in your textbook):

Then complete the following:

•Add your opinion about the choices and decisions being made—if this was your company would you make this choice?

•What would you do differently?

CASE 1-1 BA-ZYNGA! ZYNGA FACES TROUBLE IN FARMVILLE

CASE 1-2 FRACTURING THE LABOR MARKET—EMPLOYMENT IN THE OIL SERVICES INDUSTRY

CASE 2-1 CATALYA HATS: PULLING A RABBIT OUT OF THE HAT OR COMING UP EMPTYHANDED?

CASE 2-2 STRATEGY-DRIVEN HR MANAGEMENT: NETFLIX, A BEHIND-THE-SCENES LOOK AT DELIVERING ENTERTAINMENT

 

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Case 10-1 Willful Violation, or a Problem That Can Be Corrected?

Sandy Clark has worked for Healthy Meals Company for 10 years in a facility that cooks and packages prepared, frozen meals. Sandy is part of a crew that provides cleaning and sanitation services for the equipment used to prepare the meals. She has always sustained an excellent work record with no complaints about her work performance. She was recently assigned to the night shift to clean and sanitize the equipment used to mix and dispense sauce for the meals. The equipment consists primarily of a large vat and a rotating paddle with wooden blades driven by an electrical motor to continuously stir the sauce. After the meal preparation crew finishes production for the day shift, Sandy’s work begins cleaning and sanitizing the equipment for production the next day.

Sandy was trained to clean and sanitize the equipment by observing an experienced member of the sanitizing crew who had been performing the work for the past three years. During her training, she was instructed to use a high-pressure water hose, bleach, and sanitizing cleaner on the paddle blades and the lower part of the vat, then use a sponge pad to scrub the top part of the vat. Her trainer explained that the best way to get the wooden paddles thoroughly clean was to spray them while the machine was running, then turn off the equipment and lock it out before she used the sponge pad to clean the inside of the vat. After two days of training, she demonstrated to the person who trained her that she could satisfactorily perform all the duties of cleaning the equipment.

During her second week of working alone cleaning the vat and the wooden paddles of sauce residue, she was spraying the paddles using the high-pressure water hose while the machine was running with the paddles turning in the vat. While holding the sponge pad in one hand and holding the hose nozzle in the other hand, she finished spraying the moving paddles and accidently dropped the pad from her hand into the vat. She reached to grab the sponge pad as a reflex action and the fingertips of her rubber gloves were caught between the wall of the vat and the paddle. The paddle pulled her right hand further into the hopper up to her knuckles. Immediately, a nearby coworker turned off the equipment and freed Sandy’s hand. Fortunately, she suffered only minor injuries to her hand. She later stated that she reacted to reach for the pad and catch it to avoid damage to the equipment. After an investigation was conducted by a safety inspector, the company’s management stated that Sandy did not follow the proper procedure for cleaning the equipment by first unplugging the power cord for the motor then locking out the electrical source to assure that no one started the motor. This procedure was to be followed before any cleaning of the equipment was started.

Sandy, during her rebuttal, claims that discharge is too severe when you consider her work performance for ten years of service to the company and she was never told by any management official that her job performance was unacceptable. According to two other employees who previously held this job, training for these duties was typically done with instruction and observation by someone who had earlier carried out the tasks. Sandy points out that she has followed the procedure for cleaning and sanitizing that she was taught by another employee during her training and no one has ever instructed her otherwise. She adds that she has learned by her mistake and that she would not make that mistake again. She believes that progressive discipline should be used in this particular case. Sandy was subsequently fired for “willfully violating the company’s proper safety procedures.”

Questions

1. Do the facts in this case indicate that Sandy Clark was guilty of a willful violation of the company’s safety rules? Explain your answer.

2. What possible corrective action could the company take as an alternative to discharge?

3. If Sandy is represented by a labor union with a current labor agreement or contract stating that “employees shall only be discharged for just cause,” how could this affect her termination?

4. What particular mitigating factors or circumstances in this case should be considered in determining whether or not her termination is for “just cause?”

Case created by Robert F. Wayland, University of Arkansas at Little Rock

Case 10-2 Constructive Discharge and Reinstatement of Strikers

Pearl Refining Company operates a facility in Sunflower, Arkansas, where it is engaged in the refining, sale, and distribution of petroleum products. The International Refinery Workers Union conducted an organizing drive recently at this facility, but it failed to obtain majority support in an election conducted by the NLRB. Chief Operator Gene Roberts has worked at Pearl’s Sunflower refinery for about 16 years. Roberts works all three shifts on a rotating basis, earning $24 per hour. Roberts attended one union organizing meeting and voted during the union organizing election, but he didn’t discuss with anyone how he voted.

Pearl Refining Company also operates a crude oil storage facility located in northern Louisiana, about 4 hours’ drive from the refinery. The refinery manager, Dusty Conway, was notified by vice president of refining George Letterman that the crude oil storage facility in Louisiana had recently been experiencing substantial shortages in deliveries of crude oil. Crude oil delivery receipts kept at the refinery did not correspond to the crude oil reportedly delivered by truck from independent producers to the Louisiana storage facility. It was suspected that a large portion of this shortage was due to the delivery of water rather than oil to the storage facility. To correct this problem, it was necessary to send someone to the storage facility to double-check the truck drivers’ deliveries and the accuracy of their delivery reports. Refinery manager Conway decided to send Gene Roberts to the Louisiana crude oil storage facility, thinking that he was very dependable and had the experience to do the best job of detecting who might be delivering water instead of crude oil.

Conway called Roberts to his office on Monday and instructed him not to report for the night shift, as originally scheduled, but to report to the crude oil storage facility on Wednesday morning to accept a 2-week assignment there, helping the gauging employees at the facility. Roberts said that he didn’t want the assignment and that he wanted to keep his regular job as operator. Conway said, “No, Gene. Let’s just think about it. You go home and think about it and come back in the morning.” The next morning, Roberts told Conway that he wanted to continue working in his current job in the plant and that the Louisiana assignment might result in some conflict. Conway said, “Well, Gene, that’s all there is for you, that’s it, and that’s all.” Roberts, thinking that he had no choice in the matter, laid his hard hat on the desk, walked out of Conway’s office, and left the refinery. As Roberts was walking out of the refinery, Manager Conway confronted him, stating that he was considering this a resignation and that his employment would be terminated.

The following morning, six of Roberts’s fellow employees met with Conway in his office and asked that Roberts be reinstated. Conway informed them that he had no intention of rehiring Roberts. The six employees then informed Conway that if Roberts was not going to be rehired, they were going out on strike. The employees then left the refinery and started picketing.

Subsequently, Roberts filed a complaint with the National Labor Relations Board (NLRB), stating that he had been constructively discharged. In addition, the six employees on strike complained to the NLRB that they were participating in an unfair labor strike and requested that they be reinstated to their jobs and made whole. The employees were told by refinery manager Conway that their jobs had already been filled and that they therefore could not get their old jobs back.

Questions

1. What are the differences between “constructive discharge” and “wrongful discharge”?

2. What factors would the NLRB most likely consider in its investigation of whether or not Roberts’s termination was a constructive discharge?

3. What elements should be proven to show that Roberts was “constructively discharged”?

4. What is the difference between economic strikes and unfair labor practice strikes?

5. What rights do economic strikers and unfair labor practice strikers have to reinstatement?

Case created by Robert F. Wayland, University of Arkansas at Little Rock

 

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MBA530

Case Preparation Guidelines

General Guidelines:

During this course you will select and analyze three cases. The first case is due in Module 3, the

second case is due in Module 5, and the third case is due in Module 7. Choose one of the two

cases listed below under each module for your assignment:

For Module 3 (choose one):

Case 1, Chapter 2: Netflix: Push and Pushback in Streaming Video

Case 2, Chapter 5: Compensation Controversies at AIG

For Module 5 (choose one):

Case 1, Chapter 9: Achieving Success in Virtual Teams

Case 2, Chapter 13: Customer Service at Nordstrom: A Way to Mitigate Potential

Conflict

For Module 7 (choose one):

Case 1, Chapter 11: Oracle’s Larry Ellison: A Profile of Power, Influence, and

Dominance

Case 2, Chapter 14: Alternative Work Arrangements: What Does the Future Hold?

The case study assignment is intended to be completed as an individual effort. Thus,

collaboration with anyone else on these case assignments is considered a violation of the

academic honor code. Each case a nalysis is due at the end of the module in which it is assigned

and must be turned into the course room Dropbox before Sunday night at 11:59 PM EST/EDT).

Be certain to pay close attention to the case studies since together they represent the largest point

contribution toward your final grade. In addition, keep in mind that since you are graduate

students your instructor’s expectations are high. Before you begin each case study, make sure

that you have worked through all the module materials and have read the assigned reading along

with any relevant instructor notes or announcements that may have been posted. After you have

submitted each case, be sure to read the instructor’s feedback so that you can improve

subsequent case submissions.

Per Saint Leo University standard practice, all case papers are submitted to Turnitin where they

will be automatically evaluated for percentage of original work and potential plagiarism.

When you submit the case paper to the Dropbox, it will automatically be submitted to Turnitin.

Hence, there is no additional work required on your part for the assignments to be graded by

Turnitin.

You must use either Microsoft Word (*.docx) or R ich Text Format (*.rtf) to submit your

assignments. RTF files can be created by all major word processors and will allow you to see

changes made by using the “track changes” feature. Please keep in mind that Plain Text (*.txt)

format is not acceptable for any assignment. Note that Turnitin may assign this extension if it

does not understand what file type has been submitted. Throughout the course you are

responsible for making sure that your assignment uploaded successfully and that the assignment

has been received as a *.docx, or *.rtf file.

It is critical to remember that you are training to be a management scientist and not a casual

observer. These cases are your opportunity to practice being analytical and comprehensive as you

construct evidence-based arguments. To accomplish this objective, an average question in a case

often requires several well-organized paragraphs (double-spaced), creating a finished document

of two to four pages in length or a minimum of 1,000 words for each case study submission. Most

of the answers to the case questions contain a number of applicable theories and you are expected

to address each theory in your analysis in addition to illustrating how these theories apply in the

real world.

Content Guidelines: In your case analysis content remember that thoroughly answering the case questions is a

requirement, but thoroughness is not always sufficient to earn a passing grade on a case

analysis. The minimum scope your case analysis must contain a minimum of 1,000 words.

However, the analysis must be of sufficient depth that you are able to demonstrate significant

knowledge and analytical skills in the process. The best way to demonstrate these critical

thinking skills is to begin with a clear explanation of the relevant theories, ideally in your own

words. Using some quotes from the textbook in proper APA Style can help, but can also leave

the instructor wondering if you understand the material enough to explain it to someone else.

Hence, use more of your own individual work and no more than 15% – 18% direct quotations.

After explaining all relevant concepts to the reader, you may begin to answer the questions

accurately and thoroughly. While addressing the case questions you must demonstrate the ability

to apply the theory to a real situation. Sometimes it helps to envision the answer as a matrix of

points to comment on. For example if there are three sub-points to a theory being applied, and

four elements (people, situations, etc.) presented in the case, then there are 12 possible points of

discussion in that one answer alone. If you just include a sample of these possible areas of

comment, you will not earn an “A” grade. Cases are intended to be mechanisms for you to

demonstrate mastery of chapter concepts by methodically describing all the applicable theoretical

concepts in the correct terminology. In addition, the cases study provide a detailed framework of

real-world situational issues for you to thoroughly analyze and provide a detailed assessment of

how all the issues are explained within the theoretical framework you are currently studying. The

result of this case analysis endeavor is that both the author and the reader attain a better

understanding of the applicable theories and how they apply in the real world.

In a case analysis you must assume that the reader (your audience or the instructor) knows

nothing about the case or the relevant theories.

Hence, if you make a premise that is not explained and/or supported with case evidence, the

instructor will assume that you don’t know enough about the premise to elaborate the point.

Similarly, if you make a short generalized statement, the instructor will assume that you only

possess a superficial understanding of the concept and that you are unaware of the details and the

specific issues. Your answers should be clear, concise, and thorough enough for anyone to

understand. Also, your premise must be persuasive enough to convince a stubborn adversary.

Treat these cases with the same rigor and approach as research papers and be certain that the

papers are thoroughly documented with scholarly evidence for each assertion or premise that you

make. Imagine that the case responses are arguments in a court of law and it is your job to back

up everything you say with previous case evidence and/or facts.

Each case analysis assignment must be supported by research of the concepts being presented that

is beyond what is covered in the courses textbook. This research should assist you in improving

your ability to understand course concepts or case details and assist you in constructing detailed

and well-reasoned answers to the case questions. Your needs will depend on your own experience

and comprehension relative to the specific case. Choose sources that are credible and directly

relevant to the case and do not rely on quoting other people’s opinions without your own

explanation. When any theory or evidence comes from an outside source (e.g., course textbook,

research article, etc.), you must give credit by using a formal references section with properly

formatted citations and quotations. Thus, each case assignment will always contain a reference

section which also includes the course textbook as a source in addition to any other journals or

books used as a source. All case documents must strictly adhere to APA formatting and style

which is explained more thoroughly in the following section.

APA Requirements:

Make sure to follow the basic APA page format for your cases. Basic APA requirements require

the use of:

1. One-inch margins all around the document 2. Times New Roman Font that is 12-point size 3. Consistent double-spacing throughout the document between all items including headings

and paragraphs. There is no extra white space in an APA document

4. A “Reference” section (do not use “Works Cited”, “Bibliography”, “Sources”, or any other heading titles)

5. Standard essay type formatting with indented first line in paragraphs 6. Headings and sub-headings to break up your case analysis such as Introduction or

Background, Current Issues or Analysis, Recommendations or Conclusion, and

Reference section (use one or the other of the aforementioned headings…not both; case

analyses are not presented in question and answer layout)

7. A minimum of five citations in the case analysis assignment with a minimum of one direct quote

8. A minimum of three sources in the Reference section (one is the textbook) and be sure to list your sources in the Reference section

You are expected to use proper writing techniques and correct course terminology in your

answers. This standard is essential in order for you to be clear and accurate in your comments.

As a part of this precision, you should avoid grandiose statements, exaggerations, and

statements that generalize certain case conditions to other situations. Even if a cause-and-

effect relationship seems to be true in one case situation, you cannot make the general

statement that, for example, happy employees are more productive, unless you cite data to

support your position. Common sense can be wrong, and every situation is different; an

effective set of policies for the given situation may or may not work elsewhere. Every factual

assertion will be inspected for validity in light of the relevant academic research and case

facts.

Although there is no maximum limit to the number of sources that may be referenced, each

case analysis should be supported by at least three relevant and credible sources. Additionally,

there are approximate limits on quotations for this course which means that you should not use

more that 15% – 20% direct quotes. When more than 20% of a paper is not original, it often

indicates a problem, even after noting that the Turnitin scores include an accumulation of

random matches. Even when sources are properly cited and some of the words are changed, it

raises the question as to how much original thinking was used for the paper.

There is a big difference (in learning and difficulty) between starting with a blank page and

writing your thoughts, and building the paper around quotes, paraphrased sources, and the

altered wording of another author. As an author, you only have two choices when using

someone else’s work: include it in entirely in your own words and cite the source, or include it

as a direct quotation (with exact wording and punctuation) using quotation marks and a

citation with a page number to cite the source. When simply changing someone else’s words,

you can end up somewhere between these two choices. Thus, in addition to plagiarism, high

scores in turnitin.com can result from incorrect quotation/citation methodology, or from using

rearranged words similar to your sources, causing it to look much like other papers.

Unfortunately, these are not characteristics of graduate-level writing; when an argument relies

largely on a collection of words or thoughts from elsewhere, it loses uniqueness,

professionalism, and impact.

 

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Please see the attachment below. Let me know if more information is needed.

 

The California Supreme Court ruled that an employer will be liable for injuries sustained by individuals due to the negligent driving of one of its employees, stating the following:

A person injured by someone driving a car in the course of employment may sue not only the driver but that driver’s employer. The employer can be sued on two legal theories based on tort principles: respondeat superior and negligent entrustment.

Respondeat superior, a form of vicarious liability, makes an employer liable, irrespective of fault, for negligent driving by its employee in the scope of employment. The theory of negligent entrustment makes an employer liable for its own negligence in choosing an employee to drive a vehicle.

Write a 700- to 1,050-word paper, written in the third-person voice, that addresses the following:

· Explore types of principal-agency relationships and determine what type of relationship exists in this case between the driver, Jose Carcamo, and the company, Sugar Transport of the Northwest, LLC.

· What course of action do you recommend with respect to the lawsuit and Carcamo’s employment?

· Does Sugar Transport’s Human Resources department have any responsibility for their role in hiring Carcamo? If so, what other employment law issues do you find legally problematic concerning the hiring of Carcamo? Identify them and explain the legal issues and laws that were violated.

Include justification for your responses by citing applicable laws and/or legal cases in your discussion.

Format your paper consistent with APA guidelines, and include headings that appropriately signal topics and keep your document organized.

Use a minimum of three different sources within the paper in addition to the laws and legal cases required above, and provide in-text citations. Any laws and legal cases used in the body of your Individual Assignment: Diaz v. Carcamo Legal Analysis

 

Purpose of Assignment

 

This assignment gives students an opportunity to understand employment relationships in its various forms: principal-agency, independent contractor, employer-employee at-will, and non-compete contractual agreements. Students are tasked with understanding how legal liability can occur to an organization arising out of the doctrine of respondeat superior or vicarious liability as it is also known. It further allows students to assess how negligent hiring can result in negative consequences for an organization.

 

Resources Required

 

Dawn Renae Diaz v. Jose Carcamo, 253 P.3d 535 (Cal. 2011)

 

Grading Guide

 

Content	Met	Partially Met	Not Met	Comments:
The student explores types of principal-agency relationships and determines what type of relationship exists in this case between the driver, Jose Carcamo, and the company, Sugar Transport of the Northwest, LLC.
The student recommends a course of action with respect to the lawsuit and Carcamo’s employment.
The student answers if Sugar Transport’s Human Resources department has any responsibility for their role in hiring Carcamo.
If the student determines Sugar Transport does have responsibility for hiring Carcamo, the student answers what other employment law issues are legally problematic concerning the hiring of Carcamo.
The student identifies and explains the legal issues and laws that were violated.
The student includes justification for responses by citing applicable laws and legal cases.
The student uses a minimum of three outside sources.
The paper is 700 to 1,050 words in length.
		Total Available	Total Earned
		7	#/7

 

 

 

Writing Guidelines	Met	Partially Met	Not Met	Comments:
The paper—including tables and graphs, headings, title page, and reference page—is consistent with APA formatting guidelines and meets course-level requirements.
Intellectual property is recognized with in-text citations and a reference page.
Paragraph and sentence transitions are present, logical, and maintain the flow throughout the paper.
Sentences are complete, clear, and concise.
Rules of grammar and usage are followed including spelling and punctuation.
		Total Available	Total Earned
		3	#/3

 

 

 

Assignment Total	#	10	#/10
Additional comments:

 

 

paper must also be included in the References page.

 

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