Breach of Employment Contract Essay

The case involves a claim that Baril, the appellant, was dismissed by Aiken Regional Medical Centers, the Hospital where she previously worked, and such dismissal constitutes a breach of the employment contract between Baril and the Hospital. The contract the parties were referring to was the â€Å"Associate Handbook† she received from the Hospital, which contained the personnel polices of the Hospital that governed her employment. Baril was terminated for making a call through the Hospital’s toll-free number, as a result of which he was deemed to have committed a violation of the Hospital’s rules and policies, which merited her immediate termination. Baril argues that the Hospital itself breached the employment contract by unjustly terminating her employment. The Court of Appeals of South Carolina began its discussion by stating that the general rule on employment contracts is that contracts of employment are â€Å"at-will† contracts. This means that the contract is terminable at the pleasure of either party, at any time, regardless of the existence or non-existence of a justifiable ground for the termination. However, the existence of an employee handbook is recognized as an exemption to the general rule. Such a handbook may create an employment contract, depending on the terms stated therein. Where the handbook contains ambiguous clauses such as disclaimers, the issue of whether it could constitute an employment contract has to be determined by a jury, and not by summary judgment. The court noted that while the handbook explicitly states that it does not change the nature of the employment contract as an at-will contract, it does provide strict procedures to be followed in disciplinary cases such as the one where Baril is concerned. Thus, the Hospital’s procedures and practices give rise to more than one reasonable inference concerning the creation of an employment contract. Concomitantly, we find the trial court erred in granting summary judgment on the issue of whether Hospital’s policies found in its employee handbook, amendments, and actual practices created an employment contract between Baril and Hospital. The court also determined that the employment contract established by the Hospital’s practices and procedures requires that there be an existing just cause for termination. The criterion for determining justness in the termination of Baril’s employment rests on the existence of a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Weighing the arguments of both Baril and the Hospital, the court concluded that reasonable minds could differ as to the whether there was good or bad faith in the Hospital’s termination of Baril’s employment. Therefore, the case could not have been settled using the rules on summary judgment. Attached: Case: http://www. sccourts. org/opinions/HTMLfiles/COA/3561. htm THE STATE OF SOUTH CAROLINA In The Court of Appeals Marolyn L. Baril, Appellant, v. Aiken Regional Medical Centers, Respondent. Appeal From Aiken County Rodney A. Peeples, Circuit Court Judge Opinion No. 3561 Heard October 8, 2002 – Filed October 28, 2002 REVERSED and REMANDED Herbert W. Louthian, Sr. , and Deborah R. J. Shupe, both of Columbia, for Appellant. Richard J. Morgan and Reginald W. Belcher, both of Columbia, for Respondent. ANDERSON, J. : Marolyn L. Baril appeals the Circuit Court’s order granting summary judgment to Aiken Regional Medical Centers (Hospital) on Baril’s action for breach of employment contract. We reverse and remand. FACTS/PROCEDURAL BACKGROUND Baril joined Hospital’s nursing staff in 1986. She earned a master’s degree in nursing administration from the University of South Carolina in 1990. The following year, Baril was named director of Hospital’s emergency department. Baril resigned from that position for personal reasons in 1992, but continued as a staff nurse in the emergency department. Holly Martinez de Andino eventually succeeded Baril as director of Hospital’s emergency department. John Arnold [1] and Martinez de Andino indirectly supervised Baril. In early 1993, Baril began teaching nursing classes on a part-time basis at the University of South Carolina’s Aiken campus (USC-Aiken). She joined the faculty on a full-time basis later that year. Baril received an â€Å"Associate Handbook† from Hospital in May of 1997. She signed an acknowledgment form provided by Hospital, indicating she would familiarize herself with the handbook and that she understood the handbook â€Å"constitute[d] the personnel policies of [Hospital] and that [she was] governed by them. † The handbook and acknowledgment form contained disclaimer language: Please Read! Important Employment Information The information contained in this booklet is designed to serve only as a reference to Aiken Regional Medical Centers policies and procedures. Aiken Regional Medical Centers reserves the right to amend this guide as necessary at any time, with or without prior notice. Current hospital policies and procedures will apply in all cases. Please remember that this booklet does not constitute a contract between you and Aiken Regional Medical Centers. Employment at Aiken Regional Medical Centers is on a voluntary basis and either you or the Facility may terminate this employment relationship at any time with or without reason or prior notice. No associate of Aiken Regional Medical Centers has the right to make verbal promises or commitments which may create a contract and thereby alter the â€Å"employment at will† relationship. (Emphasis added). Additionally, the handbook’s â€Å"Recruiting and Hiring† section included similar language: In no event shall a hiring of an associate be considered as creating a contractual [re]lationship between the associate and the Facility; and, unless otherwise provided in writing, such relationship shall be defined as â€Å"employment at will,† where either party may dissolve the relationship. (Emphasis added). However, the acknowledgment form states that â€Å"the information in [the] handbook is subject to change/revision† and â€Å"any change will be communicated through the usual channels. † The handbook incorporated a detailed, progressive disciplinary procedure. Two categories of offenses were specifically identified. The categories were bifurcated: (1) actions meriting immediate termination; and (2) actions warranting termination for continuous violations. In July of 1998, Martinez de Andino disciplined Baril for allegedly slamming a door in Arnold’s face and disagreeing with Hospital’s management regarding a management issue. [2] Baril was first suspended and later given a â€Å"final† written warning. Yet, the handbook’s procedure mandated use of a â€Å"final† written warning only after two previous warnings. Baril had not previously been warned or disciplined. Baril asked Hospital to change her work status from full-time to part-time in November 1998. She continued to teach full-time at USC-Aiken. Baril initiated a grievance pursuant to Hospital policy. Hospital’s chief executive officer, Richard H. Satcher, investigated Baril’s complaint and found sufficient cause to purge the disciplinary action from Baril’s employment file. As a condition to purging her employment file, Satcher required Baril and Martinez de Andino to meet with Hospital’s director of human resources, Richard Lowe, and director of nursing, Mary Ann Angle. The purpose of the meeting was to â€Å"clarify understandings and expectations† regarding Baril and Martinez de Andino’s working relationship. In January of 1999, Baril met with Martinez de Andino, Lowe, and Angle to discuss problems between Baril and Martinez de Andino. During the meeting, Baril expressed concern that Martinez de Andino had targeted Baril for termination which Martinez de Andino intended to accomplish using the disciplinary procedure. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Lowe delivered a copy of the new policy to Baril. Regarding its purpose, the policy stated: To set standard operating procedures in order to ensure that all associates are fully aware of the conduct expected of them. This policy will also ensure fair and consistent treatment to associates if violations of these standards of conduct occur. This policy is based on the concept of increased severity in disciplining associates who repeatedly violate hospital rules while performing work for the hospital or while on hospital premises. Written counselings are given for initial, minor infractions of rules; if the infractions continue harsher discipline is enforced. However, situations which are so serious that they require immediate stern disciplinary action will not follow a progressive concept. [Hospital] reserves the right to administer disciplinary action as it deems appropriate for the circumstances involved. (Emphasis added). The new policy provided: â€Å"Discipline is an instrument for changing unacceptable performance or behavior, and for providing motivation and encouragement for disciplined associates. † The new policy described four general categories of disciplinary offenses, ranging in degree of seriousness from greatest (critical offenses) to least (minor offenses). The category of â€Å"critical offenses† included actions that constituted â€Å"serious violations of rules or associate misconduct which justify immediate termination without regard to the associate’s length of service or prior conduct. † The new policy contained various examples of critical offenses. It specified in section 2. 2. 2 of HR116 that actions of â€Å"[d]ishonesty, fraud, theft (regardless of the amount), [or] unauthorized removal of hospital property† were examples of critical offenses. At the end of the meeting, Baril and Martinez de Andino signed a document identifying â€Å"expectations† concerning Baril’s and Hospital’s obligations to each other. The details of the document consisted of expectations related to performance and communications. On July 6, 1999, Baril suffered injuries when a cabinet fell on her while at work. She immediately sought treatment for injuries involving muscle strain, subperiosteal hematoma, and an impinged nerve. Baril filed an accident report and claim for Workers’ Compensation benefits at the time of the accident. Four days after her accident, on July 10, 1999, Baril traveled to Tacoma, Washington, for a vacation. When Baril arrived, she received a telephone message indicating Hospital called her sister in an effort to contact Baril. In response, Baril called Hospital on its toll-free number and asked to speak to someone in her department. After a brief conversation with a coworker, Baril asked the coworker to transfer her call to her sister’s home in Aiken. Baril informed her sister that she had arrived in Washington safely, and asked why Hospital wanted to talk to her. Baril’s sister offered to call Hospital to ask why it had contacted her to try to reach Baril. However, Baril declined her sister’s offer. According to telephone company records, the call lasted thirty-two seconds. No evidence exists in the record concerning the cost of the call or whether Hospital sustained any economic loss as a result of the call. Baril returned from vacation on July 17, 1999. When she reported to work the following day, Baril was told to meet with Arnold and Martinez de Andino. At the meeting, Baril learned that by using Hospital’s toll-free number for personal use, she violated section 2. 2. 2 of Hospital Policy HR116, which cites â€Å"[d]ishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property,† as â€Å"critical offenses† justifying immediate termination. Baril offered to pay for the telephone call, but Arnold refused to accept payment and informed her she was being terminated. Baril exited the premises a short time thereafter. Baril filed this cause of action averring (1) Hospital created a contract of employment between Baril and itself through its written employee handbook, its amendments to the handbook, and its conduct regarding the handbook’s policies, particularly the mandatory language of the disciplinary procedure in HR116 and verbal assurances provided by Lowe during the January 1999 meeting; (2) Hospital breached the contract between Baril and itself by wrongfully terminating her; and (3) Hospital violated S. C. Code Ann.  § 41-1-80 (Supp. 2001) by terminating Baril in retaliation for filing a Workers’ Compensation claim. Baril sought $403,508 in actual damages, plus costs and other just and proper relief. Hospital answered, generally denying Baril’s allegations and claiming it â€Å"acted in good faith† when dealing with Baril’s discipline and termination. Hospital specifically asserted that Baril was an at-will employee throughout her employment with Hospital, and denied the existence of an employment contract. Hospital further claimed that, even if any employment contract existed, Hospital never breached it and that Baril’s discharge was not wrongful. Hospital cited Baril’s own conduct as the source of â€Å"any and all of the employment actions that [Hospital] took against [Baril]. † Additionally, Hospital maintained that Baril â€Å"failed to meet [Hospital’s] established work standards, stole [Hospital’s] time and possibly money when making an impermissible telephone call, and violated at least one of [Hospital’s] specific written Company policies for which [Hospital’s] action was a stated remedy of the violation. † Finally, Hospital contended Baril failed to mitigate any damages she might have sustained. Hospital moved for summary judgment, arguing no material issues of fact existed and Hospital was entitled to judgment as a matter of law. The Circuit Court conducted a hearing on the motion and issued an order finding: (1) Hospital’s policies did not constitute an implied employment contract as a matter of law, even when viewed in the light most favorable to Baril; (2) even if Hospital’s policies constituted an implied employment contract, Hospital’s actions did not breach the contract because it acted pursuant to the express terms of the alleged contract and because Baril’s interpretation of the alleged contract was â€Å"strained and unreasonable and would have led to absurd consequences†; (3) Hospital did not breach any alleged contract because on the date Hospital terminated Baril it had a â€Å"reasonable, good faith belief that, pursuant to the language of HR 116, it had sufficient and just cause to terminate [Baril’s] employment†; (4) Baril failed to establish a retaliation claim because she â€Å"based this cause of action merely upon her own self-serving, unsup ported opinions and the temporal proximity between the filing of her workers’ compensation claim and her termination of employment†; and (5) Baril failed to mitigate her damages because she â€Å"did nothing to seek employment or mitigate damages in any way. † The Circuit Court dismissed all of Baril’s claims with prejudice. STANDARD OF REVIEW When reviewing the grant of a summary judgment motion, the appellate court applies the same standard which governs the trial court under Rule 56(c), SCRCP: summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fleming v. Rose, 350 S. C. 488, 567 S. E. 2d 857 (2002); Ferguson v. Charleston Lincoln Mercury, Inc. , 349 S. C. 558, 564 S. E. 2d 94 (2002). In determining whether any triable issue of fact exists, the evidence and all inferences which can reasonably be drawn therefrom must be viewed in the light most favorable to the nonmoving party. Faile v. South Carolina Dep’t of Juvenile Justice, 350 S. C. 315, 566 S. E. 2d 536 (2002); McNair v. Rainsford, 330 S. C. 332, 499 S. E. 2d 488 (Ct. App. 1998). If triable issues exist, those issues must go to the jury. Young v. South Carolina Dep’t of Corrections, 333 S. C. 714, 511 S. E. 2d 413 (Ct. App. 1999). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law. Vermeer Carolina’s, Inc. v. Wood/Chuck Chipper Corp. , 336 S. C. 53, 518 S. E. 2d 301 (Ct. App. 1999). All ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party. Bayle v. South Carolina Dep’t of Transp. , 344 S. C. 115, 542 S. E. 2d 736 (Ct. App. 2001). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Hall v. Fedor, 349 S. C. 169, 561 S. E. 2d 654 (Ct. App. 2002). Moreover, summary judgment is a drastic remedy which should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues. Lanham v. Blue Cross and Blue Shield, 349 S. C. 356, 563 S. E. 2d 331 (2002); Trivelas v. South Carolina Dep’t of Transp. , 348 S. C. 125, 558 S. E. 2d 271 (Ct. App. 2001). ISSUES I. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s written policies and actual practices created an employment contract between the parties? II. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s actions in terminating Baril’s employment breached a contract between the parties? III. Did the Circuit Court err in granting summary judgment on the issue of whether Baril acted reasonably in attempting to mitigate her damages? LAW/ANALYSIS I. Existence of Employment Contract Baril maintains the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether Hospital’s written policies and actual practices created an employment contract between Baril and Hospital. We agree. South Carolina recognizes the doctrine of employment at-will. Prescott v. Farmers Tel. Coop. , Inc. , 335 S. C. 330, 516 S. E. 2d 923 (1999). This doctrine provides that a contract for permanent employment is terminable at the pleasure of either party when unsupported by any consideration other than the employer’s duty to provide compensation in exchange for the employee’s duty to perform a service or obligation. Id. â€Å"At-will employment is generally terminable by either party at any time, for any reason or no reason at all. † Prescott, 335 S. C. at 334, 516 S. E. 2d at 925. However, an employer and employee may contractually alter the general rule of employment at-will, thereby restricting the freedom of either party to terminate the employment relationship without incurring liability. See Small v. Springs Indus. , Inc. , 292 S. C. 481, 357 S. E. 2d 452 (1987). For example, an employee handbook may create a contract altering an at-will arrangement. Id. Because an employee handbook may create an employment contract, the question of whether a contract exists is for a jury when its existence is questioned and the evidence is either conflicting or admits of more than one inference. Conner v. City of Forest Acres, 348 S. C. 454, 560 S. E. 2d 606 (2002) (stating summary judgment is inappropriate in most instances when handbook contains both a disclaimer and promises). The presence of promissory language and a disclaimer in the handbook make it ambiguous and subject to more than one interpretation. [3] See Fleming v. Borden, 316 S. C. 452, 450 S. E. 2d 589 (1994) (stating that a handbook containing both a disclaimer and promissory language should be viewed as inherently ambiguous). Here, the handbook states that it does not operate to change the at-will nature of employment to a contractual relationship. However, the handbook’s procedures concerning progressive discipline, discharge, and grievance are couched in mandatory terms, including assurances that the procedures will be followed. As to Lowe’s statements regarding the new disciplinary policy, Baril testified: Richard Lowe told me, guaranteed me that the new disciplinary policy was put into effect for exactly that reason because I told Richard, I said, you know, I have been a manager, and you can use a disciplinary procedure to try to eliminate people or try to help people grow and have positive behaviors and goals and grow. And Richard Lowe said that is what that policy is for, is to help you, and that is what is going to be happening from this point forward, and I felt that that was a guarantee, was a contract, a verbal contract that I would be treated equitably, that I would be—that I would not be targeted any further, that the grievance was over, and we were to go forward. And so I felt at that time that that was a contract that was made . . . . Thus, the court concluded that the procedures and practices established by the Hospital was more than sufficient for it to arrive at the conclusion that an employment contract was created between the parties. II. Hospital’s Actions in Terminating Baril’s Employment Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist regarding whether Hospital’s actions in terminating her employment breached an employment contract between Hospital and Baril. We agree. When an employment contract only permits termination for cause, the appropriate test on the issue of breach focuses on whether the employer had a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Conner v. City of Forest Acres, 348 S. C. 454, 464, 560 S. E. 2d 606, 611 (2002) (emphasis added). â€Å"[T]he fact finder must not focus on whether the employee actually committed misconduct; instead, the focus must be on whether the employer reasonably determined it had cause to terminate. † Id. at 464-65, 560 S. E. 2d at 611. a. Reasonable Good Faith In the January 1999 meeting, Baril expressed concern that Martinez de Andino disliked her and would use Hospital’s disciplinary process to terminate her. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Nevertheless, reasonable minds could disagree as to whether Hospital proceeded to act in reasonable good faith by using the disciplinary policy to immediately terminate Baril for using the toll-free line to transfer one possibly business-related telephone call to Baril’s sister for thirty-two seconds. Additionally, our Supreme Court has held that summary judgment should not ordinarily be used to resolve the question of whether an employer acted under a reasonable good faith belief that sufficient cause existed for termination. Conner, 348 S. C. at 465, 560 S. E. 2d at 611-612. Viewing the evidence in the light most favorable to Baril, we find that reasonable minds could differ as to whether Hospital acted with good faith in terminating Baril. b. Sufficient Cause Hospital alleges it followed its disciplinary policies in terminating Baril. Hospital contends Baril’s request that her call on Hospital’s toll-free line be transferred to her sister’s private residence constituted an act of â€Å"dishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property. † Thus, Hospital avers Baril demonstrated violation of a â€Å"critical offense† meriting immediate termination. However, Hospital never announced a policy against use of its toll-free telephone line by employees for personal or private business, although the written materials of Hospital purported to communicate policies and changes to Hospital employees. Furthermore, Baril declared that other Hospital employees had engaged in similar behavior without Hospital’s objection, thereby raising the possibility that Hospital tacitly condoned the practice. Assuming, arguendo, that Hospital rightfully concluded such employee use of its toll-free telephone lines for private purposes constituted dishonesty, fraud, or theft sufficient to merit immediate termination under its policy, evidence exists that Baril’s telephone call to her sister originated in matters related to her employment at Hospital. Moreover, Hospital failed to produce any evidence that it suffered a loss related to the telephone call. In addition, Hospital rejected Baril’s good-faith efforts to compensate Hospital for any loss it may have sustained for the thirty-two second call, although Hospital’s undisputed practice was to permit employees to reimburse it for private long-distance telephone calls. The Circuit Court determined â€Å"no evidence showed or even suggested that [Baril] ever reimbursed or attempted to reimburse Hospital for any of these calls. † A cursory reading of the record contradicts this finding. First, the phrase â€Å"any of these calls† wrongly implies that Baril made more than one call, contrary to undisputed evidence that she only made one call at issue. Next, the record is replete with testimony from Baril and Lowe that Baril immediately offered to reimburse Hospital for any expenses related to the telephone call. Hospital maintains Baril abused her authority by ordering a subordinate to transfer the telephone call outside the Hospital. Yet, the record contains no evidence that Baril had any subordinates at the Hospital at the time she placed the call. In fact, the employee whom Baril asked to transfer the call was only considered a subordinate by the trial court because she had previously been one of Baril’s nursing students. Viewing the evidence in the light most favorable to Baril, we conclude her actions constituted a mere peccadillo at worst and that reasonable minds could differ concerning whether Hospital terminated Baril with just cause. III. Mitigation of Damages Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether she made reasonable efforts to mitigate her damages. We agree. A party injured by the acts of another is required to do those things a person of ordinary prudence would do under the circumstances, but the law does not require him to exert himself unreasonably or incur substantial expense to avoid damages. McClary v. Massey Ferguson, Inc. , 291 S. C. 506, 354 S. E. 2d 405 (Ct. App. 1987). Whether the party acted reasonably to mitigate damages is ordinarily a question for the jury. Id. Baril did not seek other employment throughout this litigation. However, she attempted to justify her behavior. First, she testified she did not want to reveal to potential employers that she had been fired. Second, she testified that there were no other hospitals with emergency rooms in or near Aiken, where she resided. Thus, she would have been forced to either commute or relocate in order to perform similar work. Baril did not want to relocate because she had a home and family in Aiken, where she taught college classes on a full-time basis. Baril speculated that a lengthy commute would interfere with her teaching career. Considering the evidence in the light most favorable to Baril, reasonable minds could disagree over whether she made reasonable efforts to mitigate her damages. The trial court should have allowed this question to be resolved by a jury. CONCLUSION Accordingly, the trial court’s decision is REVERSED and REMANDED. CONNOR and STILWELL, JJ. , concur. [1] John Arnold’s specific job title is unclear in the record, which indicates he operated in a supervisory capacity similar to that of Martinez de Andino. [2] Shortly before Martinez de Andino initiated the July 1998 disciplinary action against Baril, a dispute arose between them concerning Martinez de Andino’s decision to hire paramedics to perform nursing functions in the emergency room. Baril learned from the South Carolina Department of Health and Environmental Control that South Carolina law prohibited paramedics from performing some of the functions that Martinez de Andino intended for them to perform. Baril conveyed this information to Martinez de Andino, who told Baril to â€Å"deal with it. † Baril contends Martinez de Andino resented Baril’s input, leading to a souring of their relationship that motivated her to seek Baril’s termination. [3] Baril and Hospital clearly disagree about the existence of a contract.

Jean Baudrillard’s concept of the orders of simulacra Essay

‘A commodity appears at first sight, a very trivial thing, and easily understood. Its analysis shows that it is in reality, a very queer thing, abounding in metaphysical subtleties and theological niceties’ (Marx). It has long been a condition of western culture to act for the accumulation of material objects. This is in part due to the capitalist nature of the world within which we live. Marx identifies in ‘The Critique of Capitalism’ the emergence of two new classes of people, namely ‘capitalists’ and ‘labourers’. The term ‘capitalist’ describes any person who has personal ownership of capital, which ‘consists of raw materials, instruments of labour and means of subsistence’ (Marx). In contrast a ‘labourer’ has only the value of his labour (life activity), which he exchanges with the capitalist for a wage and as such ‘the worker sinks to the level of commodity’ (Marx). Because the labourer produces for the capitalist a commodity of greater value than that of his wages and in addition those wages are paid back to the capitalist in return for subsistence, therefore social control in exerted over the working class, whilst providing the capitalist with excess commodity. The labourer consentingly becomes a slave to the system on which he depends. In addition Marx states that as the relation between capitalist and labourer (manufacturer and consumer) develops, so competition between rival capitalists becomes apparent. In effect the capitalist is forced to capture more of the market by selling goods more cheaply by the consolidation and exploitation of labour power e.g. by machinery. Such a strategy ultimately limits the demand for labour and so new industries must be developed for exploitation. These new industries are necessary because capital exists only in relation to its ability to command labour and social control and as such ‘they reciprocally condition the existence of each other’ (Marx). These forced increases in demand and therefore production are evident in the contemporary world market. Important to the development of Capitalism is the use of money which abstracts labour and commodity values to a common unit for the purpose of trade. In effect the labourer discovers that ‘the product of his activity is not the object of his activity’ (Marx) thus a level of abstraction occurs, which was consistent with the modernist values of the time. Karl Marx and early capitalism were mainly concerned with production which remains important but it was Situationist, Guy Debord, who gave the first insights into late capitalism and the theories that best apply to today’s world economics and culture of commodities. Debord, in his book ‘The Society of the Spectacle’, bases his examination of commodities around consumption, media, information and technology. As such Debord suggests that ‘in societies where modern conditions of production prevail, all of life presents itself as an immense accumulation of spectacles. Everything that was directly lived has moved away into a representation.’ By this he means to describe the world and its products as mere appearances, where the real meanings and values of commodities are translated into signs. Essentially ‘it is a world vision that has been objectified’ (Debord). Debord explains the phenomenon of the spectacle as resulting from the ever increasing production of capitalism. Because competition between capitalists inevitably leads to an excess of produce, so consumer demand must be increased. Such an increase is controllable by the spectacle as ‘the real consumer becomes a consumer of illusions,’ (Debord) so he can be manipulated to believe he must consume beyond the basic necessity for survival e.g. leisure products. Therefore ‘the spectacle’s form and content are identically the total justification of the existing system’s conditions and goals’ (Debord). The spectacle is mediated in society ‘as information or propaganda, as advertisement or direct entertainment consumption,’ (Debord). The effects of the mediated spectacle tend to lead the consumer to an experience of alienation as the consumers’ want for commodities is dictated to serve and maintain capitalism. In addition the spectacle constantly reinforces itself, for example the television, which is in itself a product of the spectacle that is then used by the capitalist to implement the advertisement of other spectacles. Essentially the ‘spectacle is the nightmare of imprisoned modern society’ (Debord) and explains the transition from the ‘degradation of being into having’ to ‘having into appearing’ (Debord). Jean Baudrillard took Marx’s ‘Critique of Capitalism’ and Debord’s ‘The Society of the Spectacle’ to their conclusions with his own theory of simulation and simulacra. Similar to the idea of the spectacle, Baudrillard describes a world where the subject of everything has been replaced by a semiological value that has become more important than the original, ‘real’ meaning of the object. This object he calls a ‘simulacra’. In ‘Simulacra and Simulation’ Baudrillard adds extra complexity to these ideas by establishing a hierarchy of simulation, which he gives four orders. In the first order the object is a copy of an original and so can be linked to a basic reality, for example a photograph of an actual event. The second order of simulation misrepresents the original subject; in the example the photography has been digitally manipulated in Photoshop to present a non-occurrence. In the third order a reality is recreated from a simulation of an original reality, when in fact, through the process of simulacra, the original has been lost, e.g. a scene is recreated from the digitally manipulated photograph of the original event. Finally, the forth order of simulation is the combined process of the first, second and third order to such an extent that the object bears no relation to reality or the original, for example the photograph has become a virtual reality. In this instance the link between reality and the signifying systems is almost impossible to ascertain, thus creating a ‘hyper-reality’. It is the use of one simulacra as a basis for the formation of another simulacra that shows the first signs of relevance to post modernity. Consequently, in post modernism, everything is understood in relation to everything that has come before, which in design manifests itself in referencing. Post modernism is also concerned with the fact that there is no right or wrong and essentially that no real truth exists. It is of course possible for a sign to make a transition through all four of the orders of simulation, constantly abstracting meaning and widening the gap between simulation and reality. However due to the complexity of repeated abstraction and signification it becomes necessary for an amount of speculation and simplification to occur when examining transitional examples. If we take, for example, the now famous emblem of automotive company Rolls Royce, it becomes apparent the extent to which a symbolic object can be re-simulated, each time loosing a part of it’s original meaning. ‘Spirit of Ecstasy’, designed by sculptor Charles Sykes and mass produced in 1911, is a cast metal emblem representing the figurine of a girl with arms outstretched to hold the folds of her gown blowing in the breeze. To the present day this emblem has been displayed on the bonnets of Rolls Royce cars and is the first order of simulation in terms of it being a representation of a real person from which the sculpture has been modelled. The object also references the figure heads of classic sailing ships in an attempt to convey the automotive product as an elegant, quite and reliable vehicle, which were the mediated associations with the brand during the early development of the company. In this instance the object enters the third order of simulation as a real event (model posing for sculptor) is created from an existing symbolic object (sailing boat figure heads) in order to be recreated as a new symbolic object (Spirit of Ecstasy emblem). At this point it is important to note that this example as an investigation could examine many more stages of referencing prior to the sign’s use as figure heads, though this could prove too difficult and inaccurate, again reinforcing the existence of a hyper-reality. The tea pot, designed by Michael Graves in 1985 for Alessi, brings the symbol to its conclusion. The tea pot employs a plastic emblem of a bird that is attached to the spout of the kettle and creates a whistling noise when the water is boiled. This creates a pun between the whistling of a kettle and the singing of bird but more importantly, its similar visual appearance (i.e. the wings of the bird and the outstretched arms and gown of the girl) makes a reference of Rolls Royce cars. Because during the late 20th century the values associated with Rolls Royce have matured to convey the brand as one of top class and status, so it are these value that are associated with Grave’s tea pot, supposed to the original associations that Rolls Royce was referencing from classic sailing ships. Therefore the product has clearly entered the forth order of simulation is it holds no relation to the original meaning that the original object as sign attempted to represent. Also, by referencing past signs, it can be described as a post modern object. Like Debord, Baudrillard agreed that simulation was important to the survival of capitalism as it, through mediation, can control the level of consumption within society. Baudrillard used the term ‘valorisation’ to describe the process through which symbolic objects attain value. An excellent example of valorisation is Pokemon cards, which are essentially printed illustrations on card and so their use value is very low. However, via mediation, Pokemon cards have been given a simulated symbolic value that has made them desirable and powerful as a commodity. As well as design, Baudrillard’s theory of simulation and simulacra has also proved influential in film making, for example in ‘The Matrix’, directed by the Wachowski brothers. The Matrix is set in the future at a time when the real world has been reduced to a desert waste land by a war between humanity and machines; after the invention of artificial intelligence. Because the machines are dependant on solar power, the humans have caused the equivalent of a nuclear winter by blocking out sunlight. This has caused the machines to retaliate by imprisoning humans in gel filled pods so that energy can be extracted from them in the form of heat. In order to control the humans in this procedure a computer simulated world called the matrix exists, that all of the imprisoned humans are connected to, living their lives in what they believe is the late 20th century, oblivious to the fact that their real bodies are in stasis in the real world. The film therefore acts as a metaphor for contemporary western cultures. Firstly the matrix is an existence of the fourth order of simulation in that it is a system of mere signs that are completely detached from reality, i.e. hyper-reality. Just as in contemporary cultures, the people who live in the matrix are unaware that they are controlled by a system through simulation. â€Å"You are a slave, neo, like everyone else you were born into bondage, born into a prison that you cannot smell or taste or touch, a prison for your mind†¦ What is the matrix? Control. The matrix is a computer generated dream world built to keep us under control in order to change a human being into this† (he holds up a copper battery) (Morpheus talking to Neo, The Matrix). In addition the film suggests that the prisoners of the Matrix are also dependant upon it, to the extent that they will fight to protect it. Baudrillard’s idea of mediasation appears in the film when it is suggested that there was a machine â€Å"spawning a whole race of machines† (Morpheus talking to Neo, The Matrix), thus the social control of the machines (mediation of signs) increasingly exert themselves with every new generation. Interestingly The Matrix seems to offer a solution to simulation and social control by the system, which is one of enlightenment. Once Neo understands the systems and can see the signs (computer code) of the matrix for what they really are, then he can choose to follow a different set of rules thus gaining control of his environment. As well as a theological basis on Baudrillard, The Matrix tends to convey the story via symbolic references and thus is post modern by nature. For example the ‘follow the white rabbit scene’ employs a tattoo of a white rabbit, which is referenced from ‘Alice in Wonderland’ in order to convey the uncertainty in discovering the truth of an alternate reality. In the same scene Neo also opens a copy Baudrillard’s ‘Simulacra and Simulation’ in effect reinforcing links to that element of the film. In conclusion, I have identified the main themes surrounding Baudrillard’s orders of simulacra and simulation, shown how they relate to modern and post modern design and have given contemporary examples of their use in product design and film making. I believe that such an understanding of simulation has served well to better understanding referencing in post modernity. References Debord, G., (1977) The Society of the Spectacle, Black & Red Poster, M., (1998) Jean Baudrillard: Selected Writings, Polity Press Tucker, R. C., (1978) The Marx – Engels Reader Second Edition, Norton & Company Bibliography Hebdige, D., (1994) Hiding in the Light, Routledge http://www.geneseo.edu/~bicket/panop/baudrillard.ht http://www.artisanitorium.thehydden.com/nonfiction/film/matrix.htm http://www.rolls-roycemotorcars.com/master_frame.html

Apple vs Samsung Patent Battle a Threat to Innovation

APPLE VS SAMSUNG PATENT BATTLE A THREAT TO INNOVATION Rather than innovate and develop its own technology and a unique Samsung style for its Smartphone product and computer tablets, Samsung choose to copy Apple's technology user interface and innovation style in these infringing products. Apple had accused Samsung of copying its intellectual property, including its very broad design patents for rectangular â€Å"electronic devices. And Apple wants to use those patents to stop its competitor from selling items like the new (rectangular) Galaxy tablet and (rectangular) Android-based Smartphone's.On Aug. 24, a San Jose jury awarded Apple Inc. a whopping $1. 05 billion in damages. Apple-Samsung jury: Verdict †¢The nine-person jury in the trial between the two tech-giants faces a wildly complex form to determine the winner. †¢SAN JOSE, Calif. — There is little doubt that the trial between Apple and Samsung taking place here is complex, and perhaps nowhere is that clearer than in the form that jurors will have to fill out on their way to reaching a verdict later this week. The document, which both sides have yet to agree on, is still in its draft stage. In Samsung's case, it's 33 questions long, and stretched across 17 pages. For Apple, it's 23 questions spread over nine pages. †¢Both forms ask jurors to check off which products infringe on specific patent claims, an exercise that includes going through charts that sometimes span several pages. On Apple's form there are some 225 checkboxes regarding patent infringement. The other parts of the verdict form ask slightly more nebulous questions, like whether claims within the patents from both sides are valid, and the all-important dollar amount that one side or the other is owed as a result of any infringements. †¢On the bright side, certain patent features are greyed out since not all products carry the identical feature set. That could be a welcome sight for the nine-person jury, who must reach a unanimous decision. Result †¢The jury award shows the growing importance of design for electronic makers. California jury awarded Apple $1. 05 billion in a patent dispute with Samsung. †¢The share price of Samsung electronics dropped nearly 7. 5 %in trading THREAT TO INNOVATION †¢Industry has used copyright as a means of preventing innovation. Copyright was a deliberate weapon to stop innovation, and thus maintain the status quo. The patent system is being used similarly †¢Whether the patent system prevents people like them from entering the market with their inventions is unknown. They are more than likely to continue working because they are optimists chasing a dream of seeing their invention realised; of being rich, or just creating something that serves a purpose. †¢The barriers to them achieving their goals for themselves and how they are shared to all must be removed. That means renovating the current system to enhance the opportunities for inn ovation. †¢It will require legislators with the will to change the rules and protocols in the face of opposition from vested interests. It is possible, but the motive may not originate from a wish to assist the corporation – like patents which were conceived to underwrite investments in innovation – but to serve the wider interests of society †¢Ã¢â‚¬ It will lead to fewer choices, less innovation, and potentially higher prices,† Samsung said in a written statement. †¢ â€Å"It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies. †¢Apple, meanwhile, praised the court for â€Å"sending a loud and clear message that stealing isn't right. † This highlights a central issue in today's innovation-based economy. †¢Intellectual property law is based on the notion that copying is bad for creativit y. It is usually cheaper to copy something than create something wholly new. If innovators are not protected against imitation, they will not invest in more innovation. †¢The real world, however, tells a different story. Imitation is at the centre of an enormous amount of innovation.Rules against copying are sometimes necessary. But in many cases, they serve to slow down innovation. Copying, in short, is often central to creativity. †¢How can copying be beneficial? Because it can enable as well as inhibit innovation. When we think of innovation, we usually picture a lonely genius toiling away until he or she finally has an â€Å"aha! † moment. †¢In fact, innovation is often an incremental, collective and competitive process. And the ability to build on existing creative work — to tweak and refine it — is critical to the creation of new and better things. Copying can also drive the process of invention, as competitors strive to stay ahead. AFFECTS ON CONSUMER †¢Consumers are the real loser in this verdict. †¢Consumers do not get Samsung accused products in U. S market. †¢Consumer confusion between products and functions. †¢Now consumer may not get better existing products for lower prices. BUSINESS LESSONS FROM APPLE VS SAMSUNG †¢INSPIRATION NOT IMITATION. †¢DELIGHT LEADS TO DESIGN AND NOT THE OTHER WAY ROUND. †¢DON'T MIMIC BUSINESS DNA. †¢WE ALL DO WRONG STUFF BUT IF YOU GET NOTICED AND WARNED BE SMART.

Haiti Development Research Paper Example | Topics and Well Written Essays - 750 words

Haiti Development - Research Paper Example Though independent long before, the economy of the country is still in the struggling phase. According to the recent reports, the per capita income of the country in 2009 has been a meager $ 790 that tantamounts to a nominal sum of $ 2 per day per person. Having such poor performance on the economic front, the country has almost 80% of the population below the poverty level while only half the population is believed to be literate. The country is basically an agricultural nation but unlike many of the other nations of the world, agricultural population of Haiti does not have access to the modern means and techniques of agriculture. This is prevalent as while more than 65% of the population is engaged with agriculture, the profession yields even less than 30% of the GDP for the country (Foreign & Common Wealth Office, â€Å"Haiti†). The extreme poor performance of the economy of Haiti has its linked consequences like that of underprivileged human resource development and that of topping the list of corruption. The other prominent demerit of the country has been the concentration of wealth. It is perceived that top 1% of the population controls almost half of the nation’s wealth. The condition of the economy is also depicted by the prime source of earning for the government which has been the external debt for years now. In 2005, a new born baby in Haiti had a liability of US $ 169 (because of external debt) though recently the international bodies like that of IMF and World Bank have written off the external debt (IMF, â€Å"Haiti: Enhanced Initiative for Heavily Indebted Poor Countries — Completion Point Document†). The poor country of Haiti has been further affected by the disastrous environment time and again. Though the country was blessed with deep forest and had rich flora and fauna, the diminishing economy of the nation has resulted in cutting of most of such

Marketing Mix & Complete Plan Essay Example | Topics and Well Written Essays - 1500 words

Marketing Mix & Complete Plan - Essay Example Introduction Consumption of healthy food is an important aspect of staying health and controlling major diseases such as diabetes, high blood pressure, dental problem among other lifestyle related diseases. Many people have been enlightened and are avoiding unhealthy foods. In Canadians are fond of tasty desserts like cakes and ice creams but their major concern is the problems caused by high level sugar consumption especially diabetes and tooth cavity. It is estimated that about 9 million people have diabetic related health complication with at least 20 new diagnoses per hour (Canadian Diabetes Association n.d.). As a result of this, various desert and Ice Cream Company have shifted to use of other sweeteners but most of them have side effects. Xylitol is a sweetener from plant materials with less calories and glucose as compared to sugar thus preventing tooth decay and lowering amount of blood sugar Michelle, A. (n.d.). This paper will critically analyze a Canadian dessert company in regard to their xylitol based products, their target market, positioning, market segmentation and the four elements of market mix. Components of marketing mix Marketing mix comprises various activities undertaken by an organization that is targeting to produce products for a specific group of people (module- 5 n.d.). For instance the Canadian dessert company target urban resident who are aged between twenty years and fifty years who work in various sectors. This is a group of people who are energetic, self-assured, inquisitive, and adventuresome, like socializing and are also healthy conscious. The company then strategizes on providing the customers preferred products, at an appropriate price and distribution channels (Owomoyela, Olasunkanmi and Oyeniyi 2013). The company is also able to reach the target group through marketing and advertising (module-5 n.d.). A good strategy should ensure that the company satisfies the target customers while still meeting its objectives (Owomoye la, Olasunkanmi and Oyeniyi 2013). Product development Product is the most important element of marketing mix plan that a company offer to is target customers and must have unique characteristics that distinguish it from its competitors. Characteristics such as brand name, superiority, freshness, and contents, taste, appearances, wrapping, and writings influences the customers decisions(Owomoyela, Olasunkanmi and Oyeniyi 2013). In Canada, the major prevailing health problem and is attributed to uptake of products containing high sugar content is diabetes and tooth cavity. Most people are worried about these problems are careful about sugar content of their foods. Most companies are tapping into this by providing products that contain alternative sweeteners such as Xylitol. One such company is Montreal, Which is Xylitol- based dessert company that produces ice cream and cakes. The company will offer different range of cakes and ice cream that fit their customers’ needs to eat delicious desserts with lower quantities of sugar. These products will help to boost its competitive advantages compared to other dessert houses that offer similar products but has high sugar content or use other alternative sweeteners that have side effects. The Montreal Company will conduct extensive market research in order to produce quality products for its target customer. According to

Wk 7 Forum- Business Statement and Mgmt Plan Assignment

Wk 7 Forum- Business Statement and Mgmt Plan - Assignment Example The company president responsible for the day to day running of the company directs business strategy and reports directly to the board. The various vice presidents and heads of departments directly supervise business activities in the various departments and units to ensure compliance to the long-term goals and vision. The key functions of personnel management, procurement, business activities, relations to the community and entire world are charged on the heads of departments who through the directors eventually report to the board. We prefer a collaborative style of management in which everyone participates and contributes to major decisions as well as those affecting them directly. Every person has the required authority to carry out their responsibilities and perform their work effectively. This way everyone feels appreciated as part of the company; has freedom to be creative and innovative and pressure comes from competition by peers to perform

Race and ethnicity College Essay Example | Topics and Well Written Essays - 1000 words

Race and ethnicity College - Essay Example In other words, sociologists consider that physical marks reflect not the objective reality, but subjective attitude. According to Robert Park (1964, pp. 237-239, 315), a racial mark has become the symbol of the suspense, in the ground of which has laid the sense of self-vulnerability. He writes that a sociologist is interested not in physical distinctions, differentiating one race from another, but in less evident lineaments of inner apprehensions. And physical distinctions are just the symbols of these inner apprehensions. Park claims that historical process in the issue is predetermined by the ideological factors, not by the biological ones. The more important is to realize what people believe in and look for, than to know who they are. In other words modern sociologists, considering race as an artificial construct and one of means of creation and description the identity, emphasize that race remains to be rather important notion, which determines and legalizes social and political actions of people. At the same time they are sure that race is a product of racism, and not contrariwise. From this point of view groups, which are called racial, turn out to be racialised. It means that social, political, or economical state of these groups is described with the help of racial categories. A lot of A lot of scholars for decades have oppugned against scientific racism, which has tried to ground the idea of racial inequality. They have proved that human capabilities do not depend on the colour of the skin or type of eyes. One of the most outstanding representatives of this stream is Ashley Montague (1952), who from 1940s has insisted that race is just a scientific phantom. However a lot of scholars as before have considered race and ethnos as some biological reality, underestimating the paramount role of social factor. Nonetheless some of these scholars have understood that race is rather social construct then the biological reality, and that the concept of race implicates relationship of dominance and submission. The development of genetic studies has approved that several different genes determine so-called 'racial marks'. This fact has originated the basis for the true scientific approach and has given a possibility to claim that there are no races, only clines (Livingstone, 1962). During last decades this approach has been widely accepted by majority of scholars. During 1960 - 1980 it has been noticed some decline and loss of interest in studying the concept of race. In the mean time we have to confess that unfortunately even in the twenty first century mankind failed to get rid of racism. Just the other way round during last decades of the twentieth century it has got the new, even more 'fastidious' forms. As a result it has become very difficult for scholars to define the notion of 'racism'. And what even worst is that modern racists make use of such uncertainty and declare themselves as intransigent fighters against racism. It should be said that contemporary criminal justice turned out to be just not ready to such metamorphoses of racism. Modern antiracists very often fall short of knowledge about its essence and history, and accordingly they do not take into consideration significant peculiarities, which can be very helpful in struggling against it. In fact antiracism time and again is based on the same prejudices

Champion of the world by maya Angelou chapter 19 Essay

Champion of the world by maya Angelou chapter 19 - Essay Example Chapter 19 gives a full description of small southern town of Stamp residents who are present in Momma’s store. These people are fully engaged to the ongoing championship boxing in the radio. This fight is between Carnera, who is Caucasian and Joe Louis representing the African American. In the event of the fight, Louis almost loses the fight but at the end of the fight he manages to win the fight. The win for the world champion title triumphs both the fighter and the whole race. In this respect, there is an indication that people can be united by a common belief or desires in the major events like this one. The fully crouched bodies in the store listening attentively to the prize fight indicate the coincidental placing of individuals with a common goal (Angelou 133). The reason behind the occurrence of the story is to create hope. The strong hope is then shaken when Louis indicates a sign of losing. Despair is uttered by the abrupt switch of confidence and hope. The author also uses the story to induce a sense of desperation where he points the fear of retreating to slavery for the African American people in the case of Joe losing the fight (Angelou 135). Another factor contributing to the happening of the story is the induction of the mood of greatness after the depression point uplift. In the story, Angelou plans the story events to empower rejoice mood in contrast with the desperation mood. The whole chapter narrates a story in the target for the deliverance theme immediately after the change of scene from the cool air in the night (Dungy and Whitaker 76). The story unfolds at the store full of people keenly listening to the main fight for Joe Louis on the radio. Joe is fighting the white man hence wins majority of the supporters in the store due to the black identity. Joe’s victory determines many factors amongst the black race. In accordance to the African American, Louis win gives supporters a

What aspects should be considered in the estimate of nursing Essay

What aspects should be considered in the estimate of nursing - Essay Example Set up two nursing diagnoses: a current and a risk.The nursing diagnoses for the patient are improper eating habits and inheritance of genes from their parentsSet for each nursing diagnosis an expected outcome (goal).An expected outcome resulting from poor eating habits may result to the patient gaining unnecessary weight. In order to avoid this, the patient should realize the need to have proper balanced diet at all times. It will also increase their level of awareness of foods and activities that contribute to their excessive intake.Establish five Educational activities to lose weight Setting the right priorities and goals is an important activity to focus on when losing weight. Physical and dietary activity changes lead to achieving long-term weight change. In order to be successful, the patient should select few manageable goals at a time. Self-monitoring is the other educational activity used to check a patient’s behavior in terms of calorie intake, vegetable servings and physical activities undertaken (Dudek & Dudek, 2013). Monitoring one’s behavior helps one move closer towards a desired direction and produce records for review by a healthcare provider.Weight affects the self esteem of an individual. Excessive weight evokes negative reactions from the society. Educating patients of the need to watch their weight may guarantee a reduction in weight loss. A patient ought to know that the amount of weight needed to improve their health is much less than the weight they wish to lose.

Health Care Delivery System Essay Example | Topics and Well Written Essays - 500 words

Health Care Delivery System - Essay Example What I find most compelling about this website is that it also provides information on Health Professions and Clinician Recruitment & Services. The mission statement under the icon Health Profession states  Ã¢â‚¬Å"Increase the populations access to health care by providing national leadership in the development, distribution and retention of a diverse, culturally competent health workforce that can adapt to the populations changing health care needs and provide the highest quality of care for all† This statement along with other provided information (such as Grants, Student Assistance Program, information on Health Professional Shortage Areas) leads me to conclude that the site also aims to attract people to enter the health care industry. There are many web sites on the internet that provide information, and the purpose of this web site is no different. What makes this web site different and more superior, and therefore, of more value to the information-seeking public is the way that the information on the site is structured and presented. The information that is most sought out after is presented clearly on the home page, making it easily accessible for anyone who seeks information ranging from health care systems to grants and other programs. The latest information concerning the US health care system, as well as the location of individual health care centers, are also easily accessible, and even though I agree with my colleague’s analysis, I must state that what I find most compelling for this web site is designed by the HRSA to represent a vital link of its goal to provide better access to health care for the population, in the modern age of technology, utilizing its maximum capacity. The FDA regulates all advertising, promotional and labeling materials as part of their effort to protect the health of the public. There are many guidelines that provide the Biotech and

Writing to Evaluate Essay Example | Topics and Well Written Essays - 500 words

Writing to Evaluate - Essay Example Varied ethnicities and social mores have a lot in common, especially in the current times. Men and women do behave differently in every culture. For instance the American women enjoy more freedom than their counterparts in any other part of the world. For an individual from a more restrained culture at USI, the opportunity to play soccer with females and being pushed or tackled by a woman could turn out to be really amazing. The girls may not have the sportsmen like skills, but they do have the right to share a soccer field with males, without cowering to any considerations regarding varied gender issues. While in many Asian countries, it’s the family that takes the important decisions regarding a girl’s life; in America women do have the right to choose their partners and to freely live their lives as they want to. In that context, a person visiting Hong Kong for the first time may be shocked at finding dog and cat meat dishes in the regular menus at the local restaurants (Ingrams 134). Yet, for a Chinese it could mean just one other culinary delight or a dietary preference. Indeed food is one major difference between varied cultures. Also, food could turn out to be a unique experience in the US, because it is imported from almost every nation and it gets really difficult to tell, which a foreign food is and which a traditional American food is. For instance, most of the people in the Middle East do not eat pork, just like the Jewish people from Israel. It gets really funny to notice that the Arabs and the Israelis can share their dietary preferences, but they cannot share the land. In the US, fast food and gas stations are almost ubiquitous, while in the Middle East, one could find barber shops and laundries almost everywhere. Indeed, the human needs do tend to differ from one culture to othe r. The way people dress up in the Arab nations is unique. Some people there

The Russian Civil War Essay Example for Free

The Russian Civil War Essay The Russian Civil War remains one of the more brutal wars in Russia’s history. Considering the brutal combat that the Russian army faced in the horrid conditions of World War One and World War Two, to refer to the Russian Civil War as a more brutal endeavor is a grand claim; however, when one considers the cost of lives and the tearing apart of the homeland, it is not a stretch to lay that claim on the shoulders of the Civil War. What complicates the Bolshevik involvement in the Russian Civil War is the fact that the Bolsheviks prescribed to a state central authoritarian system of government. In other words, the Bolsheviks believed that the state was the center of all authority and that it should be comprised of one political party. In short, the Bolsheviks were fighting for totalitarianism. Needless to say, this does not paint a picture of a faction that had universal appeal among the public. In order to centralize any problems with competing political factions, the Bolsheviks outlawed other political parties. Such an action shows that there was possible belief that perhaps the Bolsheviks ability to maintain popularity in the hearts and minds of the population was on shaky ground. By firmly establishing an authoritarian rule, the Bolsheviks were ‘surviving’ as opposed to winning both on the battlefield and in the court of public opinion. Therein lays the central problem: if the Bolsheviks were to win the Civil War, they would need to defeat the huge volume of people in the nation who were greatly opposed to the system of government that the Bolsheviks represented. In winning, the defeated factions would have to be integrated into the Russian society and, in some cases, subjugated. Is this really a win or is it the case of the Bolsheviks using military force to impose their rule on a society that did not want them. To a certain degree, the Bolshevik victory was a matter of the party surviving (it would have been dissolved in the face of a loss in the same manner the opposition parties were dissolved by the Bolsheviks) and the ability to rule was performed by subjugating all opposition and suppressing any pretext of freedom or democratic socialism. (Keep in mind, socialism could have been instituted without totalitarian authoritarianism, but the militaristic approach was the one preferred by the Bolsheviks) When examining the Soviet Union and its place in history, one needs to ask the question as to what was the Soviet Union’s legacy. To a great extent, the Soviet Union was a colossal failure that squandered the minds and the will of a great people. The Soviet Union was little more than a military-industrial complex that invaded, conquered and occupied nations that despised being under the Soviet sphere of influence. Furthermore, the concept of the utopian socialist fantasyland was exactly that, a grim fairy tale fantasy where over sixty-million people living in nations that prescribed to the philosophy of communism died from famine. When it comes to the Bolshevik’s success in the Russian Civil war, what was it that the Bolshevik’s accomplished other than the establishment of a failed military-industrial complex state? To that degree, winning the Russian Civil War was hardly a win in the sense of, say, a former colony winning independence. Ultimately, the survival of the Bolsheviks after the Russian Civil war is hardly celebratory as the eventual establishment of the Stalin regime and the advent of the long and hard Cold War hangs a dark cloud over any perceived victory the Bolsheviks could claim.

The causes and effect of slums in Sub Saharan Africa

The causes and effect of slums in Sub Saharan Africa Structurally instituted social inequalities, in addition to conflicts of inheritance, poorly implemented gender equal policy attempts for land and its systems of administration make ownership expensive for the average person thereby excluding many citizens from the prospects of acquiring a permanent shelter. This leads to the mushrooming of informal and often unsafe temporary settlements in major urban cities. Unclean rivers polluted by wastage makes the water available to slums unhygienic and is a great contributor in illnesses especially found in children. There exists a lack of policymaking to address poverty alleviation or mitigation which allows the excluded people of the citizenry to resort to such abodes, and this lead to slums being built in the Sub Saharan Africa. Regardless of the nature or origin of slums they are characteristically similar in terms of the poor quality of lands, the size of its construction, and the conflicts of vague communications of when signing lands over. The crime rates are seen to be escalated in areas of greater poverty. Also as time has progressed, one major obstacle to growth of this situation is these benefits that accrue to the slums which have now become commercially beneficial to both the dwellers as well as corporations who get easy access to their labours in return for the labour to find employments as well as a housing arrangement. This helps in the development of the society organically. The authorities responsible of instilling change and appreciation of the situation are local landlords whose interests lie in leasing or renting their lands to desperate citizens seeking slums. Due to the strategic placement of these residences the labour seeks the houses while in turn create an informal market for the appa rent demand. The otherwise employed majority population of Sub Saharan Africa commute through public transportation system of the bus or railway which does not contribute much to their health but takes away from development and convenience due to the time and energy opportunity costs. We conducted surveys of women in Dhaka slums to establish the struggles caused to the most vulnerable socio economic group that is victimized despite urbanization. These revealed insights to the earning, saving, and expenditure behaviour of families residing in the slums. They also revealed how economic growth and infrastructural development have contributed nothing to the development of the underprivileged whose conditions remain as they always were. The reason why slums have been populated, at the core of those mentioned above is the prevalence of the urban dream in the city. Low earning unskilled individuals from the rural areas migrate to the cities pursuing development efforts aspiring to get consistent and secure jobs that will secure them. Once in the city however, they find their capabilities unmatched with the needs of job roles. The lack of education, vocational training, and finances restrain these individuals into the cities and force them to dwell in the slums by doing menial labour work which due to the oversupply of labour fetches very low and mostly inhuman wage rates. This creates a poverty spiral whereby they neither have the means to go back nor the ability to afford a dignified living in pursuing their ambitions even though all members of these households work temporary wage jobs regardless of their sex or age. Results of the survey revealed the following: Expenditure on Food: Naturally, one of the main expenditure of the families is on food. 33% respondents claimed that they spend an amount of up to BDT. 2500 per month, on food related expenses. This amount varies from family to family as per their income level. The highest amount spent on food exceeds BDT. 10,000 and this too is affordable to only 1 of the households of the slums. This means that more than one third of the socioeconomic strata live on a food budget of $ 31.25 per month as a family. Since most of these families on average comprise of 5 members so per person expenditure on food in a day is barely 25 cents which does not even buy one full meal a day. Under these situations it is only natural for them to be malnourished, feeble, and prone to many diseased. It also explains their disinterest in striving for hygiene or education in their spending habits as supported by the data below. Expenditure on Non-food Items: As opposed to the expense on food items, the ratio of the amount spent on non-food items is very low. For example, the highest amount paid in terms of non-food is BDT. 10,000 dispensed by only 1% of the families. Usually this amount is BDT 2000 spent by almost all the families on items such as payment of bills, house rent, etc. So, the spending that takes first and only possible priority after food for these households is that on the essentials contingent to their shelter i.e. rent and utilities. Due to the nature of these dwellings however, these utilities are still not available at all times, and so they have to ration their water, electricity and gas by sharing kitchens and toilets. In spite of this, the expenditure possible for the majority remains at $25 a month per household which for the average family member translates into 16.67 cents per day. Usually after these basics, most families exhaust their entire incomes. Workplace Culture The nature of the work that runs the slum dwellings are twofold, mostly designated by gender. So women mostly work in garment factories on a daily wage basis where their work varies according to training and years on the job, while keeping extensive work hours, and unsafe, uninsured workplaces constant. So much so that when there are factory fires which are not very uncommon, workers numbering over hundreds die and most of them are found to be women. Despite some social and labour union support these factories have taken no measures in protecting the employees who subscribe to the exploitation due to the dire necessity of survival. Even where there have been successful efforts with administration and inspections, factories were found to be only placing empty fire extinguishers for show of safe work environments while remaining oblivious to the appreciation of the lives of their workers. The men do not have any more privileges than their female counterparts. They are mostly rickshaw pullers because this is the least skills requiring job. These pullers are second to the working women in the garment factories who make up the greatest number of employments in Dhaka. The 200,000 rickshaw pullers of Dhaka work all day for a bare $1 a day, and that too in fierce competition between the licensed and unlicensed ones, both of whom are harassed by police who not only seize their only means of earning i.e. the rickshaws but often burn those which are found illegal. The female counterparts of these rickshaw pullers on the other hand travel as far as 37 miles on foot to work and back, amid traffic and pollution which the city is best known for. A third group of workers bringing money into the households of Dhaka slums are unfortunately children who number in 750,000. Boys between the age of 10 and 14 spend their days in generating incomes by any means they can find. Usually these are in the likes of a â€Å"help† in shops and restaurants, or in pulling rickshaws or carriage vehicles known as vans. Otherwise they are seen selling items by roadsides and in signals. A portion of children as small as 7% aged 5-16 pursue schooling despite their troubles. Sometimes, little girls are sold into prostitution as sex slaves to repay debts to heads of brothels who charge high commissions from these under aged girls. Since prostitution is legal in Bangladesh, the demand for these girls from clients is not questioned legally, and their desperate conditions at home allow them to be exploited and pushed into sex slavery. To further the analysis of the findings, the following variables: age of respondents, education, Income, Marital Status, Sources of Income and Total Income, Savings on Sources and Total Savings, and Type of Training were found to be significantly correlated with a number of variables using the Pearson Chi-square at 0.05 P-value. These findings can be considered as having a valid basis for identifying actions for empowering women particularly in the socio-economic life both in the family and in the community. Position in the Society: Interestingly, the participants want to work as they believe it will help them in alleviating their position in the society and their voices will also be heard. Working not only will bring additional income to their families but will also entail more empowerment and freedom to them. Assets: In the case of assets, the highest response was 284 representing an 88.2% of the sample who own furniture. At the opposite end, 2 respondents representing 0.6% of the sample are owners of business land. In addition to these, cattle owners make up 2.5% and agricultural landowners make 4.7% of the surveyed sample. Savings of respondents in various sources: The sources of savings for the respondents are inferred to be quite limited as the highest participation was seen at 35 responses affirming a mere 10.9% savings due to NGOs or Rural Cooperatives. Even less popular with 4 responses was the 1.2% savings that comes from crop. On the other hand, bank as a source accounts for 9.9% of savings and cash does so for 3.4% only. Total savings: When total savings are assessed, it can be deduced from the responses of 262 participants that in a rather alarming 81.4% cases, no savings occur. In contrast, 8responses helped deduce that 2.5% of the sample saves a total which is within Tk. 1001-2000. The data helps assert that among the 269 responders, 83.5% save between tk. 0and 20000. The percentage of responses for above tk. 60000 for households is still as low as 0.6%, as shown by the 2 responses received for the range of tk. 60001-80000. The middle amount of tk. 20001 to 40000 made up 14.3% of the cases. Sources of income: 156 responders showed that a decent 48.4% of their incomes are generated by the effective delivery of service. Also, at the lower extreme of income generation is the 0.3% contributions made by the handicrafts market or beyond that, the good 23% of women working as maids who develop and manage the household activities. The data helps assert that among the 269 responders, 83.5% save between tk. 0and 20000. The percentage of responses for above tk. 60000 for households is still as low as 0.6%, as shown by the 2 responses received for the range of tk. 60001-80000. The middle amount of tk. 20001 to 40000 made up 14.3% of the cases. Facilities and service Available: Total 322 responses delivered that in 100% cases, 3 Health clinics, 3 police stations and water pumps are unavailable to the survey participants. The water pumps were not available for the subject’s area as were not many other crucial amenities which are required for the quality of health and life. Type of training: Of the 288 people approached about training, 89.4% reported that they have received no training. The lowest response came from 1 person and helps infer that 0.3% people received the training for women empowerment. Training in tailoring occurred for 4.7% cases and that of garments stood at 3.4%. Awareness: It is seen from the data that awareness in general is quite high in the sample studied. 258 responses presented that 80.1% are aware about human rights, and the lowest response of 226 people shows that 70.2% are aware about property rights. In this sample, awareness for family rights was 73.3% and that of violence against women stood to be at Regarding day to day expenses: 41.6% of the daily expenditure is spent by the women on themselves according to 134 responders. In the lowest case, 2 responders show that 0.6% expenditure occurs by the consultation of the respondent but the needs of her husband and son are prioritized. Regarding other matters: The survey conducted with 216 responders revealed that 67.1%were spending for the purpose of clothes. Additionally, 198 responders revealed that 61.5% is spent on festivals donations. Also, 65.5% of expenses are spent for educating children. Borrowing details: The borrowing sample shows for the 36 responses11.2% occurs from Cooperatives while the lower response of 10 individuals presented that 1.1% borrowing occurs through NGOs. The greater response of 206 participants revealed that borrowing does not apply to the practices of 64% people. Recommendations: Based on our study these are the recommendations that we would suggest: The migration to urban parts of the country is motivated mainly by the negligence and despair in the rural side where the permanent abodes of people and their workplaces i.e. the agricultural lands are prone to climatic catastrophes. When their backs hit bottom, these people migrate for hopes of a better living standard and for availing more secure lives for their children. So, the issue of migration and how urbanization affects the lives of migrants should be dealt with meticulous planning which incorporates them into economic development policies that provide social protection and integration so as to drive social change from them. Many NGOs and development related organizations are already expending their efforts and finances into the slums of Dhaka for improving the livelihoods of the people who dwell there. Such efforts were largely based on provision of micro credit loans which allowed the residents to pay off their dues without having to be dependent on the brothels, or withou t having to sacrifice the education of the children. In addition, extensive trainings and awareness campaigns regarding liquor, evacuation at times of threats and the like have also been conducted in these impoverished areas. Much more effort is still critical for the desired outcomes to be produced. Training of vocational nature should be provided so as to develop skills that have better job prospects in order to generate higher incomes for the households. These can range from machine using to making handicraft items that will allow the adults of these households to create products. Also, they need to be honed and encouraged for small business start-ups, starting from creative business strategies to the execution of them. These would also entail leadership and managerial training in the long run. In these efforts, NGOs alone will not be enough. So, government, local banks, and other private organizations should collaborate to help the people in their own capacities. Banks could pro vide less costly loans, while businesses can help train and agencies can help execute and teach so as to make the people of such slums independent and self-sufficient. The need for social campaigns about women empowerment and child rights also need to gain momentum to eradicate the prevalent abuse of the two vulnerable groups. The government should also institutionalize change by active policy making and administering. This could be done in attempts in the likes of building safer, more hygienic, more facilitated housing facilities for those who have already migrated to Dhaka and are susceptible to dangers of earth quake, fire hazards, or illnesses. The government may also create better job opportunities in the rural areas so as to discourage or omit the reasons which force people to migrate in the first place. Rural development projects should also be undertaken with equal focus and allocation of resources. These would include well defined action plans that teach farmers about their rights, train them about their crops, and yield, aware them against exploitation by the middlemen and market prices so as to secure their incomes. Furthermore, efforts are required to equalize the salary gap that exists between the two sexes of the lower income socioeconomic strata, because this would not only help increase ove rall earnings for most families, but also facilitate the lives of households which are run by females working in labour using jobs. Needless to say that neither government, nor NGOs and development agencies can hope to be successful on their own. There needs to be collaboration of these parties for their common stakeholder group so that they can use specialized knowledge, and resources in specific areas and bring effective changes everywhere instead of segregating their efforts which is found to help a few while ignoring many others entirely.

Role of port pricing

Role of port pricing Introduction Port pricing plays important role in the growth and prosperity of the ports. It influences port competition, investment decisions, development strategy etc. This paper presents the current pricing system of Kandla Port Trust and its impact on the traffic, intense competition, financial gains etc. Kandla Port Trust (KPT) is one of the 12 major ports of India under the Ministry of Shipping, Govt. of India (Location at Annexure I). Also there are 187 minor ports under the control of various State Maritime Boards. Kandla Port faces severe competition from 20 such minor ports (Gujarat Maritime Board Ports) and private ports around it on the 1600 kms coastline of Gujarat (Annexure II) whose total traffic during 2009-10 is 2.59 times of Kandla Ports traffic and 36.73% of the total traffic handled by all the major ports of India. The present tariff structure of Kandla Port Trust had undergone its last revision in 2005 which is taken as a base for presenting the pricing system for this paper. Accordingly the data presented is related to the year from 2002-03 to 2004-05 and projections from 2005-06 to 2007-08. Current Pricing System 1. Kandla Port has fixed the tariff for the various services which are classified as under : for the use of properties belonging to the port such as cargo handling, warehousing, storage, supply of equipments, floating crafts, dry docking and miscellaneous charges etc. The fees for the services such as pilotage, berth hire, hauling, mooring and other services rendered to the vessels and Port Dues on the vessels entering the port. Based on the above, the Scale of Rates of KPT (KPT website) has been divided into 4 Chapters. Chapter I-Definitions; Chapter II- Vessel related charges; Chapter III- Cargo related charges Chapter IV miscellaneous charges. 2. Pricing Strategy: â€Å"There are four usual tariff approaches for the determination of the port charges: Cost-based tariff, investment based tariff, comparative tariff, flexible and promotion tariff. Cost based and investment based tariff aim at achieving the financial objectives whereas comparative and flexible and promotional tariff are suitable for achieving the market needs† (Cariou Handout 2010 p-16). Pricing strategy is based on the objective that a port aims at: may it be the profit maximization, throughput maximization, trade promotion or minimization of the ships time in the port The Kandla Port has adopted a ‘cost plus return on capital employed approach while fixing the tariff to achieve the financial objective of the port. However, congestion pricing (for the priority berthing and ousting priority for berthing) and the other strategies such as comparative tariff and flexible and promotional tariff has also been adopted for certain commodities to attract the cargo. Thus the profit maximization and throughput maximizationarethe objectives of Kandla Port. Assessing and Forecasting Port demand: Traffic projections are one of the influential factors in deciding the tariff structure. It gives thebasis to decide whether the tariffs fixed are enough to cover the cost and the investment. Therefore, correct traffic forecasting is crucial in any port pricing system. In KPT, traffic projections made are in line with the projections in the five year / annual plans and the current / expected growth. (Annexure III) These projections are made after taking into consideration the various factors such as trend of cargo handled during previous years, capacity increase, economic growth, traffic handled by the nearby competiting ports, market survey based on the indications given by the port users, reports of the various associations such as Agricultural Product Export Development Authority (APEDA), Timber Association, Indian Farmers Fertilizer Co-Operative Ltd. (IFFCO), Oil Coordination Committees report (OCC), reports from the important importers and exporters, Expert opinions, governments policies etc. The demand is also studied on the basis of size of the vessels handled at port (Annexure IV) based on the draft restrictions and future dredging plans of the port. Competition level Kandla Port Trust handles almost 80 million tons of cargo and has a sprawling hinterland of 1 million square kilometers right from the state of Gujarat to the Jammu and Kashmir. (MAP of hinterland and location of other major ports is placed at Annexure V). Port faces severe competition from nearby State owned 20 minor ports and private ports which handled 205.98 millions metric tons during 2009-10. The Herfindahl Index (H) calculated comes out 1 and clearly shows the monopoly pattern of these ports. Traffic comparison of Kandla Port and 20 minor ports of Gujarat and Herfindahl Index is placed at Annexure VI. There is also an acute competition faced by KPT from the Port of Mundra, a private port which is in the vicinity and handled almost 40 million tons of cargo during 2009-2010. Port takes this severe competition into consideration while fixing the tariff structure. Tariff rates are also made concessional and promotional if ashipper commits major volumes. Thus, tariff has been fixed considering the emerging competition by the private ports in the near vicinity in terms of traffic, tariff rates and the likelihood of losing of cargo. Comparison of tariff is important particularly so when the port compete for the same hinterland. It is observed from the comparison that all charges are abysmally low at Kandla Port Trust except the port dues, pilotage and berth hire charges which are little higher than the GMB Ports (GMB website), due to the huge expenditure of dredging cost. Kandla Port has less competition with the major ports as each major port has distinct hinterland without muchoverlap. Herfindahl Index (H) for these ports shows pattern of equality in the market share i.e. moderate concentration of competition with the Index of 0.09868. Traffic of all other major ports of India along with Herfindahl Index is placed at Annexure VII. However, Kandla Port puts lot of efforts to attract cargo from the nearby major ports such as Mumbai Port and Jawaharlal Nehru Port by providing the competitive rates. Cost Structure Attempts are made in Kandla Port Trust to evaluatecost of each component of port operations. It provides the consciousness that the inefficiencies are not passed on to the users. For the purpose of fixation of the tariff, it is necessary to know the operating cost of the port. Operating cost includes labour cost, material cost, maintenance cost, fuel cost and other expenditure such as management and administration, insurance, security. Expenses such as retirement benefits, write off of losses are also considered for the purpose of fixation of the tariff. For this purpose, the operations of the Kandla Port are classified into five main activities such as Cargo handling, Port and dock facilities, Railway working, Estate Rental and Township. ‘Caro handling Activity comprise sub-activities such as cargo handling, warehousing and storage, mobile cranes etc. and ‘Port and Dock facilities Activity comprise sub-activities such as Cranes, berth hire, port dues, pilotage, water supply, dry docking, dredging, flotilla etc. These activities and sub-activities are again divided into various cost centres where in the cost is booked. Based on these cost centres the ‘Direct Cost of each activity is booked/allocated under that sub-activity. The ‘Indirect Cost/overheads such as Departmental overheads, management and general administration overheads(such as store keeping expenses, labour welfare and medical expenses, engineering expenses, work shop overheads, insurance etc), security expenses, social welfare expenses, fire fighting expenses et. al are also booked under different cost centres and then they are apportioned to all the sub-activities. Thus based on the Direct and Indirect Cost, Total Operating Cost has been arrived at. To this operating cost, as stated above, the cost such as retirement benefits/ex-gratia payment, writing off losses etc. (which are called Finance and Miscellaneous expenditure) is added to arrive at the Total Cost. To the Total Cost arrived at, Return on capital employed (ROCE) calculated @ 15% is added to get the Price/Tariff of that activity. (Rate of return is calculated on the basis of CAPM). Specimen of the Cost Statement of Cargo handling sub-activity is placed at Annexure VIII which gives an idea as how the costs are booked under different heads. Based on all the above factors, the copy of the cost statement for the Port is placed at Annexure IX. Capital Employed comprises Net Fixed Assets (Gross Block minus Depreciation minus Works in Progress) plus Working Capital. Capital employed for each activity, return on capital employed (Annexure X) and cash flow statement (Annexure XI) are placed only for 2004-05. (Such calculations are done for 2002-03 and 2003-04 also). Cost statement also shows future projections. For income projections, traffic projections and present tariff rates are considered. Wherever the rates are mentioned in the dollar terms, the effect of foreign exchange fluctuation is given. For expenditure projection, latest expenditure is adjusted to the Wholesale Price Index for All Commodities announced by the Ministry of Finance, Govt. of India and applied to the traffic projections to arrive at the expenditure projections. Present Tariff Proposal As revealed from the tariff order for KPT (TAMP website) the tariff proposal is as below: â€Å"Based on the cost structure, the financial position reveals how much tariff is required to generate the [emailprotected]% and to make the activities self sustained. However, Port finds that such recovery of return will not be possible as it demands almost 38% hike and traffic can not bear such huge hike. Hence Port decided to recover only the short recovery/deficit of 286.40 millions (Annexure IX p-17). While doing so, however, port has considered various factors such as (i) severe competition by the nearby state owned and private ports on account of better facilities such as deeper drafts, speedy cargo handling systems (impacting ships turn around time which was the main reasons for getting diverted the Kandla Ports traffic) (ii) heavy capital expenditure incurred by the ports by addition of infrastructure such as quay, heavy duty cranes, godowns, road-rail network etc. since last revision and like expenditure in the coming years (iii)substantial maintenance dredging cost to the tune of Rs.400 millions p.a. (iv) increase in the operating cost by 23.68% etc. . Over the current rates, Tariff Revision considered a hike of 15% in cargo handling storage, pilotage, port dues and miscellaneous charges and 50% in the berth hire charges. Port has also considered cross subsidization in other the surplus activities while deciding to go for recovery of only the deficit. However, port further gives specific justification as below for the upward revision of tariff. For port dues, port considered the huge expenditure on account of maintenance dredging. Rates of the pilotage charges of the nearby ports which were 82% higher than the Kandla Ports rate justified 15% hike. Huge investments by developing infrastructure like berth and heavy duty cranes which benefitted the port users by reduction in turn around time of the ships reduction in the no. of gangs justified the hike of 50% in the berth hire charges. For pilotage, port dues and berth hire the GRT slab of 10001-30000 is focused more as 56%of the vessels visiting port falls in this category. For the storage activity also likely investment in the open storage area justified 15% hike. For the cargo handling activity however, it is observed that Port instead of giving flat 15% hike to the existing rates, used the proactive pricing by increasing the rate of those commodities in which port has monopoly in handling such as food grains, scrap, timber, salt and sugar and reducing the rates of the car go such as ores minerals, metals, oil cakes etc. which was getting diverted. Kandla Port expected additional revenue generation of approx. 304.30 millions p.a. after the tariff revision.†(Annexure XII) Recommendations on as to ho w the current pricing system could be changed to increase a) attractiveness of the port; b) the profit of the port . Emerging growth of the GMB ports during thelast decade in terms of capacity creation and speedy cargo handling has posed a severe competition to Kandla Port. Further, tariff of the State owned ports are not subject to approval of any Tariff Regulatory Authority like Major Ports and hence very flexible and attractive. With this backdrop, thefollowing recommendations are made to increase the attractiveness as well asprofit of the port by the cost control and cost reduction measures: Port should think ofworkingon the ‘normative costing principlewhere by standard costs and standard tariffscan be derived which could be bench-marked for pitchingthe right actual tariffs for each sub-activity and principal activity. This will give a strict control over inefficiencies and thus will help to reduce the tariff. Efforts are required to be concentrated in the areas where the potential savings are likely to bemaximum. Implementation of the cost effective systems will definitely help the port to overcome the redundant costs. Developing ‘satellite ports at new location with slimstrength of man-power and cost-effective systems can also be thought of by the port. Best solutions in terms of making a port cost-effective and attracting traffic is to develop the terminals under public-private participationmodel wherein the risks are optimally shared/distributed and costs are brought down witha right blend of public management and private management. Port, by taking up various productivity measures and specifically adding infrastructure, can reduce the turn around time of the ships and get benefitted by accommodation of the large no. of vessels. This will increase traffic at the port and thus through the economies of scale the price at the port gets reduced. Of course, coefficient of elasticity of tariff on traffic is to be found out to determine to what extent the tariff is to be reduced.(Generally ports in India are in oligopoly market and coefficient of elasticity of tariff on traffic is less than one) For cost reduction and adding infrastructure, Kandla Port has to work on the various areas such as massive mechanization through high capacity cranes, marine unloaders, transfer mobile equipments and commissioning ofspecialized terminals such as coal terminal, car terminal, container terminal etc. for speedy handling of the cargo. Increase in the capacity of the port is urgently required as the berth occupancy at the port is 89% (Ministry of Shipping, India website) which is much on the higher side impacting the turn around time of the ship which is almost 3.09 days (KPT website). Though Port has prepared dredging plan, it is required to reduce the time span so that larger vessels get accommodated within a short period. Port requires to work on procedural delays and thinking on modernizationin terms of ‘modern Gate-in Gate-out systems and web-based port community systems etc., in order to reduce transaction time and cost . Port can also take up the value adding services and ‘door-to-door solutions tobuild -up captive customer/clientele base. Conclusion: Pricing plays a prominent role in any organization. It is one of the determining factors to fetch the traffic at the port. As it is said that price makes and price makes, Port has to take into considerations holistic view before taking any pricing decision.