Employee Rights and Property Searches Essay Example for Free

Employee Rights and Property Searches Essay Mopak Corporation performed a search for drugs and guns on the employees and contract workers vehicles with the assistance of a private security company and drug detection dogs. In the search, guns were found, but not drugs, in several vehicles. At the completion of the search, five employees along with ten contract workers whose vehicles where the weapons were found were terminated, due to the corporation’s belief that the employees violated the company policy. The terminated workers immediately sued Mopak for wrongful termination. Though mostly in the United States employees are â€Å"at-will† employees, the arguments for wrongful termination the employees from Mopak can make in their suit is that Mopak performed an unreasonable search of their vehicles, violating their expectation of privacy. The search was made without a warrant and violated their Fourth Amendment Rights. (Lawyer. com, 2013) The contract workers are bound by contracts that may have an at-will clause in it, in which case they, like the regular employees, can be terminated at-will. Even though when there is a contract, written or oral, it’s based on a promise of job security, but with an at-will clause, contract workers may either leave a contract job or be terminated from a contract job at-will. †Employers often, and legitimately, ask employees to sign contracts or agreements that document and enforce the terms of at will employment, usually in company policy manuals. † (Lawyersandsettlements. com, 2013, para. ) The arguments that Mopak Corporation will make in response to the wrongful termination suit are that in the employees’ policy manual, handbooks or contracts reflect that the employee and/or contract workers must agree to random vehicle searches, random drug testing, and an at will clause for employment; that when signed by the employees and/or contract workers, it becomes binding, implied, or implied-in-fact contracts. In the 1988 decision of landmark case Foley vs. Interactive Data Corp. it brought to light that employees enter into implied-in-fact contracts with the acceptance of great merit reviews, promotions, raises, and with verbal assurances of job security. I believe the Mopak Corporation would win. I do not believe that a corporation with so much to lose would perform an illegal search of employee’s vehicles. They must have in the company’s policy manual that such an act would be permissible once the employees and contract workers sign that they have rea d and agreed to the terms and condition of the policy and/or contracts.

Ship Machinery And Equipment Maintenance

Ship Machinery And Equipment Maintenance Ship machinery maintenance is of predominant importance for accurate operation of each ship. For this purpose, the ships machinery plant should be kept well maintained and clean at all times for assuring safe and smooth operation and functionality of the ship. Furthermore, it is most significant that ample new spare parts and equipments are carried on board in order to correctly accomplish maintenance in due time under the supervision of fully competent staff according to the manufacturers instructions. Moreover, Crankshaft deflections need to be taken frequently at regular intervals. Fuel oil and Lube oil must be analyzed in order to ensure that they do not contain any debris or contamination. Main as well as auxiliary engines result in a breakdown that cause severe damage like fire that may require the ship from terminating its services until lengthy and costly repairs and maintenance measures are accomplished. Experts acknowledge the fact that maintenance requirements are not standardized. However, these requirements will differ substantially from one ship to another. Some ship owners employ a fundamental preventative maintenance policy, while others operate more sophisticated systems based on condition monitoring. This is why machinery surveys are adopted in flexible basis so as to plan according to owners existing business processes and schedules. An approach that is based on operating at schedules intervals offers a manageable and controlled maintenance program. Although, it may not be most efficient, a maintenance program is tailored to operational performance trends, and manifested by individual elements of machinery. Furthermore, by evaluating the condition monitoring data, the extent to which machinery is opened for surveys is considerably reduced. This approach may be applied to a vast variety of reciprocating and rotating shipboard machinery. For instance, Tail-shafts can be contr olled and monitored on frequent basis, thereby allowing lengthy periods between withdrawals for accurate inspection. The time interval between raising main stream turbine casings may be extended in a similar fashion. As a result of this, unproductive repair as well as dry dock downtime may be kept to a minimum level. Interestingly, based on Reliability-centered maintenance (RCM), further optimization of the maintenance program can be obtained. This technique employs a structured assessment of functions for deriving the most efficient maintenance strategy. Also, operational performance can be improved by maintaining ship availability and keeping downtime minimal. For proper machinery maintenance and loss prevention, following measures must be undertaken: Lubricating Oil: Lubricating or lube oil sampling should be maintained at frequent levels and regularly recorded as a recommended practice. Also, lube oil purifiers must be operated continuously and adequately. The gravity disc should be chosen so as to achieve the desired oil-water interface at a maximal level of temperature nearing 90 deg C according to the specifications. Furthermore, the lube oil feed system applied to the purifiers must be evaluated for ensuring the optimum flow rate between the feed pump and the purifiers capacity. Old lube oil feed system designs utilize a direct drive pump that bears a large capacity as against the recommended flow through the purifiers. If the system contains heavy contamination of water, the lube oil in the sump tank should be transported to a settling tank, the sump tank must be cleaned, and new fresh oil must be filed to the minimum level as recommended by the engine manufacturer. Moreover, the contaminated lube oil is drained and circulated by the purifiers and after analysis, the future use if the oil is assessed. If solid particles are determined in the system, the piping system should be cleaned and the entire engine must be flushed. Crankshaft Safety: The engine should be stopped as soon as the oil mist detector alarm rings or overheating of engine is detected. To avoid further damage, the main cause of overheating of engine must be identified and correction measures must be taken before the engine is restarted. The lube oil must be kept clean as far as possible by continuously using the lube oil purifiers at the recommended temperature over 90 deg C. Also, lube oil filters must be maintained and placed in clean and suitable environment by frequent routines. Crankshaft deflections should be regularly taken in order to ensure that the operation of the engine is within the limit as permitted by the manufacturer. Bunkers: Bunkering processes that includes fuel-testing procedures must be carefully reviewed for ensuring accuracy in procedures while dealing with off-specification bunkers. Each precaution must taken to make sure that adequate amount of bunker supplies are made available in order to allow proper testing before any new bunkers are used. Furthermore, water, high ash and total sediment potential content also must be considered as well as high sodium and water content that indicates the presence of seawater within the bunkers. At sea, loss of structural integrity due to grounding and collision are the most significant contributors to accidental pollution. Hulls must be designed by considering two most important factors; (1) improvement in the hull strength as well as energy absorption, and (2) sufficient residual strength subsequent to damage for allowing salvage operations. So far, the major focus is on preventing pollution from tankers. Nevertheless, there is now greater concern related to the potential consequences of damage and accidents to bunker tanks and other types of ships, some which may be carrying thousand tones of fuel oil. Present R D, as far as improving hull strength and energy absorption is concerned, is focusing on the development and advancement of modified calculation methods that are to be used for measuring the ability of varying structural assemblies to withstand ground forces and collision. When the entire numerical simulations done by the finite element method is taken into accoun t, examining the experimental results have proven the significance of including the vertical motion of the ship especially for grounding simulations along with the motion of the struck object or striking ship to evaluate collision simulations. Moreover, significant amount of research has been dedicated to the evaluation of existing as well as proposed design solutions for improvement of collision and grounding strength. 2-D methods have been employed for evaluation of relatively simple post-accident strength for the anticipation of the collapse strength of a hull girder. By using these methods, the capability of the damaged ship to survive can be assessed by a skillful comparison between the measured strength and the environmental loads; the latter being calculated without considering the result of the accidental damage on the loads and motions acting on the ship. Therefore, research is on-going with the main objective on improvement of ship response calculation methods corresponding to the effects of damage for both mobile offshore units and the ships. The following are said to be the major R D requirements in these areas: Conceptions about ship subdivision in order to minimize the effect of impacts on the hull, as well as concepts for hull structure design for increasing the residual strength and the resistance to impact after damage. Particularly, further development and enhancement of energy absorbing side and double bottom shell designs and their evaluation through full-scale tests and models along with comprehensive numerical models. Integrating numerical models for external dynamics, i.e. ship motions, and internal mechanics. Developing ways of securing bunker tanks from grounding and collisions for new ship designs. Developing simplified calculation techniques and methods for prediction of energy absorption abilities of particular structural solutions. Developing design criteria for prevention of pollution as a result of collision and grounding Analysis of collected casualty information on grounding and collision with the main goal to develop environmental impact indexes and reference design scenarios able to talk for the energy absorption and varying structural configurations. Apart from grounding and collision, other major causes of loss of hull integrity are fatigue/fracture problems, excessive loading, and consequences of corrosion. Corrosion is reduced by supplying additional thickness to the plate at the design stage and employing corrosion protection systems, many of which are based on coatings requiring maintenance throughout the life of the ship. Also, corrosion problems can be dealt with by good detail design of the hull structure. A factor that provides potential is design for maintenance; for instance, by ensuring suitable access for inspecting local structures as well as for applying coatings. Thus, the main R D needs covering this area are concerned with the design and structuring of ship hulls for corrosion reduction/prevention and for easier inspection and maintenance. Planned maintenance system (PMS) deals with scheduling, planning and performance of each and every important machinery on board a ship. Furthermore, PMS software is deployed to every ship for carrying out the operations of the ship in an efficient manner. All the PMS functionalities are carried out according to their schedules. This not only ensures efficient working of the machinery but also help in avoiding any sort of mishap caused due to poor maintenance. To carry out all the maintenance works in a timely manner, PMS software is used. A PMS software is fabricated for a ship based on the type and number of machinery the ship possesses. A job card is assigned to every machine that consists of every detail about the machinery. Each job card has three main components. A PMS software gives an accurate estimation of the maintenance schedule overdue or nearing, and enables the user to plan and submit the completion report, by which the next maintenance date is automatically rescheduled (Hayman et al).

Essays --

The executive branch enforces and carries out laws made by the legislative branch as long as they are approved by the head of state. You can find the executive branch in the constitution by looking up article 2. The executive branch consists of the president, the department of defense and many security agencies. To be the president, you must be a native born citizen, which means that you were born in the United States or someone who was born somewhere else but both of their parents are U.S citizens. You also must be at least 35 years old and have lived in the United States for 14 years. The president is elected when the people in each state vote republican, democrat or independent. Once they tally the votes up for each state, if it has more votes than the other party, then that state will usually turn to the winning party. Each state has electoral votes. Electoral votes are the votes casted by the representatives for each state in the Electoral College. These votes are determined by the population of a state. The Electoral College consists of 538 members, each states number of electoral votes it has are equal to the number of senators and representatives it has. The higher the state’s population, the more electoral votes it has. You add the 435 representatives, the 100 senators and the 3 electors from the district of Colombia. The number of votes adds up to 538 votes. That’s why the presidential candidates always try to win the big states like Texas, Florida and New York because by the winning the big states they can win the electoral vote and most likely win the election. You can win the popular vote (which is the vote of the people) and not the electoral vote and still win the election but it rarely ever happens. There is a pres... ...ch. The national government has many powers. Their powers include regulating interstate and foreign trade setting standard weights and measures, creating and maintaining armed forces, making copyright and patent laws, establishing postal offices, establishing foreign policies, creating federal courts, coin money, declaring war and finally admitting new states. The State Government also has many powers. Their powers include creating corporation law, regulating trade within state, maintaining schools, establishing local governments, making laws about marriage and divorce, conducting elections and finally providing public safety. The national government and the state government share some powers but not many. These powers include providing for public welfare, administering criminal justice, chartering banks, raising taxes, and borrowing money.

gambling Essay examples -- essays research papers

In the last year Americans have wagered $482 billion dollars in the United States. Over eighty-five percent of this wagering took place in casinos which are now legal in twenty-seven states. In the past decade there has been incredible growth in the gambling industry. Twenty years ago if a person wanted to gamble they had to go to Nevada. Nowadays, there are only six states in which no form of legalized gambling exists. Proponents of the gambling industry feel that this growth is a good thing a nd that it is helping the national economy. However, there are many opponents that feel that gambling is hurting families and society. Indeed, there needs to be a limit to the growth of the gambling industry, although, this industry does have some merit s they don't outweigh the costs to society. Proponents of the gaming industry insist that gambling is good clean fun, and that so many people enjoying something can't be wrong. In fact, proponents are quick to point out that fun is not the only issue; in addition, these new casinos have created thousands of jobs. Furthermore, not only have casinos created new jobs, but there has been an increase in tax revenue for the cities that have casinos. Indeed, the increase in tax revenues has helped to rebuild some rundown inner cities and river fronts areas. These people argue there is little reason to worry about gambling as most people will only lose a small amount of money and will have a fun time losing it. However, op...

Eat Right 4 Your Type by Dr. Peter J. DAdamo :: Health Diet Essays

Eat Right 4 Your Type by Dr. Peter J. D'Adamo Eat Right 4 Your Type, by Dr. Peter J. D’Adamo, was one of many diet books that hit the bookstores in 1996. This diet program uses the four blood types as a premise for what foods one should eat, what type of exercise one should do, and to what diseases one is susceptible. After careful review of the scientific literature, I was unable to find any studies that evaluated the validity of the book’s claims. There are numerous scientific studies that examine the roles of certain foods on health and diet, and there are plenty of studies that focus on the correlation between blood type and disease. However, there seem to be no studies devoted to the entire D’Adamo program itself. Dr. Peter D’Adamo and his father, Dr. James D’Adamo, worked in the field of blood type analysis. His father noticed that many patients from European Spas who were on strict vegetarian diets or low-fat diets did not lose weight. Some patients actually worsened. Dr. James D’Adamo eventually suspected that blood type might be the cause. Since blood is the fundamental source of nourishment to the body, perhaps some aspect of the blood could help identify the differing results. The study was successful in that blood type was correlated with the patients’ successes or failures on specific diets. Type A did poorly on high-protein diets, but did very well on vegetable proteins such as tofu and soy. Type A benefited from lighter forms of exercise, such as yoga. On the other hand, Type O did well on high-protein diets and benefited from intense physical activity. This led Dr. Peter D’Adamo to expand upon his father’s findings. The result was Eat Right 4 Your Type: The Individualized Diet Solution to Staying Healthy, Living Longer, and Achieving Your Ideal Weight (D’Adamo XIV). Eat Right 4 Your Type begins by explaining why blood type is important to a person’s diet. The human body has unique chemical markers called antigens that can identify foreign substances that enter the body. One of the most powerful antigens in the body is the one that determines blood type. The different blood type antigens are so sensitive that they are the immune system’s best defense. A person’s blood type is named for the blood type antigen that he/she possesses on the red blood cells (D’Adamo 18).

Bacteria and Acidic End Products

Title of the Experiment: Enterobacteriaceae Identification: The Enterotube II System Learning Objectives: After completing this exercise we were able to inoculate an unknown bacterium that belongs to the Enterobacteriaceae by using technology effectively with a Enterotube II. An Enterotube II is a miniaturized multi-test system for rapid identification of enterbacteriaceae. We then evaluated the test results and generated a five-digit code for the unknown bacterium.Thinking creatively and critically we had to fgure out the code by looking at the Enterotube and comparing he reactants to the original to see what the result was. We then had to use the five- digit code to correctly identify the unknown bacterium from the interpretation guide. Procedure: Step 1 : Remove organisms from a well-isolated colony. Avoid touching the agar with the wire. Step 2: Inoculate each compartment by first twisting the wire and then withdrawing it all the way out through the 12 compartments using a turnin g movement.Step 3: Reinsert the wire (without sterilizing), using a turning motion through all the 12 compartments until the notch on the wire is aligned with the opening of the tube. Step 4: Break the wire at the notch by bending. The portion of the wire remaining in the tube maintains anaerobic conditions essential for true fermentation. Step 5: Punch holes with broken-off part wire through the thin plastic covering over depressions on sides of the last eight compartments. Replace caps and incubate at 35 degrees C for 18-24 hours.Step 6: After encircling the numbers of the positive tests on the laboratory report, total up the numbers of each bracketed series to determine the five-digit code number. Refer to the Enterotube II Interpretation Guide for identification of the unknown by using the code number Results: Before inoculation of the Enterotube II showing the original colors of each test which was also used to compare with the inoculated enterotube. After the inoculation of th e Enterotube, many of the colors have changed which means they have reacted with the antibiotic.The reactants then helped me find out what the unkown bacterium is. Each color changed or reacted gives a certain digit Summary & Conclusions: Enterotube II identifies Enterobacteriaceae. The Enterotube II is a multiple test system designed to identify enteric bacteria based on Glucose, Adonitol, Lactose, Arabinose, Sorbitol, Dulcitol fermentation, lysine and Decarboxylation, Sulfur reduction, Indole, Acetoin production of glucose fermentation, Phenylalanine deamination, Urea hydrolysis, and Citrate utilization.Adonitol Bacterial fermentation of adonitol, which results in the formation of acidic end products, is indicated by a change in color of the indicator present in the medium from red (alkaline) to yellow (acidic). Any sign of yellow should be inter preted as a positive reaction, orange should be considered negative. Lactose Bacterial fermentation of lactose, which results in the for mation of acidic end roducts, is indicated by a change in color of the Indicator present in the medium from red (alkaline) to yellow (acidic).Any sign of yellow should be interpreted as a positive reaction; orange should be considered negative. Arabinose Bacterial fermentation of arabinose, which results in the formation of acidic end products, is indicated by a change in color from red (alkaline) to yellow (acidic). Any sign of yellow should be interpreted as a positive reaction; orange should be considered negative. Sorbitol Bacterial fermentation of sorbitol, which results in the formation of acidic nd products, is indicated by a change in color from red (alkaline) to yellow (acidic).Any sign of yellow should be interpreted as a positive reaction; orange should be considered negative. Voges-Proskauer Acetylmethylcarbinol (acetoin) is an inter mediate in the production of butylene glycol from glucose fer mentation. The presence of acetoin is indicated by the develop ment of a red color within 20 minutes. Most positive reactions are evident within 10 minutes. Phenylalanine Deaminase This test detects the formation of pyruvic acid from the deamination of phenylalanine. The pyruvic acid formed reacts with a ferric salt in the medium to roduce a characteristic black to smoky gray color.Urea The production of urease by some bacteria hydrolyzes urea in this medium to produce ammonia, which causes a shift in pH from yellow (acidic) to reddish-purple (alkaline). This test is strongly positive for Proteus in 6 hours and weakly positive for Klebsiella and some Enterobaeter species in 24 hours. Citrate Organisms that are able to utilize the citrate in this medium as their sole source of carbon produce alkaline metabo lites that change the color of the indicator from green (acidic) to deep blue (alkaline). Any degree of blue should be considered positive.After looking at the results of the Enterotube I came to conclusion that my unkown bacteria gave me the five-digit co de 34363 which translated to Klebsiella pneumonia bacterium that can form a capsule. It is found in the normal flora of GI tracts in humans. K. pneumoniae can become pathogenic in patients whose immune systems are compromised. K. pneumoniae can cause nosocomial urinary tract infections and pneumonia. In immunocompromised patients, death is possible. For a personto get the K. pneumoniae bacteria, they have to have direct contact with another person. K. pneumoniae is not able to be contacted through the air.Healthcare workers can help to decrease the spread of K. pneumoniae by washing their hands before and after taking care of a patient. It was established that the Enterotube system provides a simple, reliable, and rapid method for the probable identification of Enterobacteriaceae. The major advantage of the Enterotube is that all tests are done simultaneously by inoculation from a single isolated colony. It is also easier to inoculate, single inoculation, self- contained, numerous t ests, little media preparation, rapid results, reliability, uniformity, simple interpretation.

Achieving Operational Excellence: Evaluating Supply Chain Management Services Essay

UPS Logistics Schneider Logistics How can these companies be used for supply chain demand? When you don’t know where to start, our industry experts will evaluate your network and supply chain processes through a structured diagnostic process. We have experienced, cross-functional teams who will consult with you to identify and prioritize savings opportunities and maximize your bottom line. Streamline your distribution network, reducing costs and improving customer service Provide insight into logistics design, re-engineering, and supply chain management Implement leading-edge information systems Implement benchmarking processes to measure productivity What supply chain process can each of these companies support for their clients? Assess Design Implement Execute Work with your suppliers at origin to prevent stock-outs, shortages, and delivery delays Make arrangements for pickup, handling, and air or ocean freight transport Provide detailed in-transit inventory visibility through UPS Order Watch How can customers use the Web sites of each company to help them with supply chain management? When you need technology, resources, and unmatched transportation and logistics expertise on a global scale, turn to Schneider. Our associates are experts in supply chain strategy, and will help you understand the key drivers that transform your supply chain from a list of uncertainties to a competitive advantage. Our supply chain design and planning services will help you create the supply chain you need to bring out the best in your company. Our designers and engineers will go beyond the abstract, and produce a plan that will leverage the unmatched scope of UPS logistics capabilities to benefit your business. Compare the supply chain management services pr ovided by these companies. Our  experienced team can design and optimize your logistics network to handle: changing demand, acquisition distribution redundancy, service level rationalization, and logistics cost pressures. We excel in tailoring optimization models to mirror customer specific constraints and business rules. From site analysis and selection to supply chain modeling, network optimization, and parts planning, our services can help you start the process of making your supply chain a more effective part of your business’ operations. Which company would you select to help your firm manage its supply chain and why? I would use this company because it was easier to access online. The page was also easier to understand.  I also liked that the website said â€Å"when you don’t know where to start, our industry experts will evaluate your network and supply chain processes through a structured diagnostic process.† If someone is not familiar with this, an expert can guide them through the process. Not applicable.