Essays on Good Faith

Negotiating and the Collective Bargaining Process

Part 1 Leadership Management Partnership (LMP) The purpose of Kaiser Permanente and the Coalition of Kaiser Permanente Unions (LMP)’s was to develop a joint strategy to develop organizational change and environment of continuous learning and improvement. In addition, it is linked to the involvement of employees in decision making. It is considered the largest and longest-operating partnership in the U.S. (Labor Management Partnership, 2017).

Union Name and Type of Union

One of the 28 unions in the partnership was United Food and Commercial Workers, Local 7, Professional and Health Care Division. As described earlier, the union was a local union just like other 27 ...

Introduction

Our company, here in referred to as Greene’s LLC, is suing Jennifer Lawson, a former employee for breaching a confidentiality agreement signed during the course of her employment and subsequently breached after being dismissed from the company. Jennifer Lawson has subsequently countersued Greene’s LLC for wrongful termination. The substance of the matter is that Jennifer Lawson was summarily dismissed from the company by the HR officer Lisa Peele. Lawson subsequently went on to seek employment from a competitor, Howell Jewelry World, a competitor to Greene’s LLC. The bone of contention for our company is that in ...

Assignment 2: Employment-At-Will Doctrine

Abstract Employment-At-Will Doctrine states that states that an employee or an employer can decide to end the employment contract with or without a prior notification. A workplace has a lot of complications and requires some rules and regulations to govern it. Admittedly, there are some exceptions that limit the full application of the employment at will doctrine as the exceptions challenge it. The paper will expound three major exceptions including public policy exception, implied contract and the Implied Covenant of Good Faith and Fair Dealing. Additionally, a case scenario involving employees of a company and the bosses will be ...

Introduction

In the world of commerce, most individuals and organizations act on the basis of delegation. And delegation of authority leads to the formulation of an agency relationship. The agency theory is based on the view that a principal vests power in an agent to represent the principal in certain situations specified in the agreement. This creates a fiduciary relationship and the agent will have to act in the best interest of the principal. Fiduciary relationships mean an agent must act in the best interest of the principal. This include the provision of some parameters within which the agent can ...

In any event, a contract has implied and express terms. Express terms are easy to decipher, and they constitute the substantive part of the contract. Often, contracts impute binding obligations to the parties and violation of any term attracts liability. Implied terms of a contract operate in the underground. In an event of a claim of infringement, the court has to analyze both express and implied terms of the contract. Often, courts allocate liability depending on what term of the contract is in violation. In a practical scenario, some terms are more relevant than others. In the past, courts ...

Abstract

Negotiation is a means of getting something that you want or need from another person. It is a two way communication that seeks to strike a deal or coming to common ground on an issue that both you and the other negotiating party have opposing interests in (Fisher & Ury, 1991). Negotiation is clouded with myths that stretch from how negotiators carry out negotiations to the kind of attitude they bring to the negotiation table. There are misconceptions that good negotiators are born, but the real truth is that negotiation is a skill; and like any other skill, it is ...

Introduction

In every company worth its salt, there are a set of ethical guidelines that every employee must follow that is consistent with the norms of the society and the visions of the goals of the company itself. This is more commonly known as the code of ethics, and they are not only useful in determining the goals, values, and mission of the company; they are also invaluable in decision-making in the company and negotiating regarding personal and organizational issues. In other words, the code of ethics can be described as the guideline of the company in general. Therefore, it ...

Mannella v. Commissioner, 132T.C, No 10 (April 13, 2009). In this case, Mrs. Manella found out that her husband had filed for tax returns but hide the mail from her. In so doing, the applicant was denied the right to receive what she rightfully deserved in the tax return process (Copeland). People v north 29 Cal.3d 509. The Defendant, Mr. North broke into the house of his girlfriend during the weekend as she was at her parents. When he was arraigned at the Califonia Supreme Court, the Defendant pleaded guilty to the charge of Second Degree Burglary. Loss of ...

Based on the case study by Bennett (2008), article VI of the Ohio Rev. Code 5502.40 Interstate Emergency Management Assistance Compact on liability of fire fighters provides that officers or employees of a party state rendering aid in cases of fire in other states are to be considered agents of the requesting state for the purposes of immunity and tortious liability (p. 38). However, acts of recklessness, willful misconduct or gross negligence are not covered for the purposes of compensation and liability. Thus, it follows that any person who is acting as a ‘freelancer’ paramedic has no connection to ...

Management

Summary of Employment-at-Will Doctrine The employment-at-will doctrine has its roots in the feudal doctrine of master and servant, wherein the master-servant relationship is viewed based on status rather than contract. H.G Wood’s treatise on the master-servant relationship held that ‘a general or indefinite hiring is prima facie a hiring at will’ (DeGiuseppe, 1981, p.6) This concept evolved in the United States as employment-at will. According to the doctrine, an employer can terminate the services of an employee at any time for any reason except an illegal one, and even for no reason at all, without risking legal ramifications. ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

Introduction

Sole proprietorship, partnership, and corporation are the three of the four main forms of business organizations. One is required to understand first all the features of these business organizations before establishing one. Regarding the ease of formation, the sole proprietorship and partnership business organizations are easier to form than a corporation. The management of these two forms of business is also easier than the management of a corporation. Consequently, the present paper delves into the characteristics, benefits, and drawbacks of each of these business organizations.

Sole Proprietorship

A sole proprietorship is essentially a form of business organization, which is typically owned, ...

Section

Business Law

• Regal finance Company, Ltd. and Regal Finance Company II, Ltd., Petitioners, v. Tex Star Motors, Inc In the case at bar, TexStar was a used car dealer. Every time it sold cars, it allowed buyers to pay in installments, thereby extending credit to them. In turn, it sold these notes with full recourse to Regal. Regal would pay the amount of the note, effectively the loan amount, less $750 which would be deposited in the reserve. Should the buyer default in its payment, TexStar would be obliged to repurchase the amount of the note less $2,000. ...

Introduction

There are several means of interpretation of the intention of the parties. Regardless the fact that there is a concept of freedom of expression belonging to the parties to agreement, sometimes the parties forget to include certain provisions and clauses. In this respect, the court is requested to consider the express and implied terms of the agreement for resolution conflict between the parties. This paper dwells on the consideration of tests developed by the case law for identification of the implied terms. At the same time, the notion of the implied terms is the controversial concept which is subject ...

Vision

Our vision is to create the most compliant green car rental company in Saudi Arabia in the 21st century. Mission Our mission is to offer our customers the most affordable green car. Customer satisfaction is an important part, to utilize available resources to make our customers satisfied with the service they receive.

Values

Our value is to make our customers satisfied with the green car rental service we will be offering in Saudi Arabia. Our core values are honesty, integrity, transparency, respect for diversity, and care for social, economy, and the environment.

Stakeholder Relations Management Guidelines

Investigations by Liu et al. (2014) suggest the ...

Abstract

This paper researches the issue of religious discrimination in the workplace – an increasing phenomenon reflecting the increasing diversity of the workforce. The key issues involved are discussed and researched by means of a literature review, taking particular note of the situations as affecting the smaller business organizations. Pertinent legislation and case examples are discussed, and the ways that employers might head off potential strife within their workforce arising due to religious differences. Those ways include making proactive efforts to accommodate the religious needs of individual workers, while at the same time explaining to their employees that the primary objectives must ...

Introduction

The Social network movie depicts the establishment of Facebook, which is a social networking website and the lawsuits that followed due to its establishment. This paper critically analyses the lawsuits between Face book and the Winklevoss twins (Noughton 45). The paper provides an overview of the legal and ethical issues involved in the dispute between Facebook and the Winklevoss twins, the essay also reflects and discusses on the public policy favoring settlement agreements, and he various forms of ADR and their respective advantages and disadvantages in the context of the dispute between face book and the Winklevoss twins. In addition, ...

Question 1

According to the corporations act 2001 (cth), section 249H subsection 1 a valid notice of a meeting of a meeting of shareholders should be at least 21 days. The only exception to this rule is when all the members of the company agree beforehand for a shorter notice or when members of the company who have 95% of the voting power or more agree beforehand on the issue of a notice shorter than 21 days. The company issued a notice of seven days, which is less than the legal requirement by 14 days. The annual general meeting of the Sparx Ltd was therefore not valid ...