Law

The Background of the Problem and the Research Question

In Saudi Arabia, foreign direct investment (FDI) includes financial resources attracted for the development of the country’s oil industry and numerous non-oil markets. According to the data provided at the United Nation Conference on Trade and Development (UNCTAD) in 2012 and 2014, Saudi Arabia was the third country in Western Asia in attracting FDI for the development of its industries.^{1 2} The nation’s modern focus on developing an open trade market, improving policies for private enterprises, and eliminating legal restrictions regarding FDI contribute to the fact that Saudi Arabia is viewed as successfully using other countries’ financial resources.³

In this context, much attention should be paid to the role of an effective legal framework in promoting and attracting FDI. Significant steps on this path included the establishment of the Saudi Arabian General Investment Authority (SAGIA) and the introduction of the Federal Investment Law (FIL) in 2000 along with promoting other legislation in the field.⁴

However, the problem is that, despite significant increases in FDI that were observed during the period of 2000-2008, there was a period of decline in 2008-2015, and the recent development in the field, as well as the overall situation in the sphere, is not studied effectively.⁵ There are possibilities that the used legal framework based on the FIL is not operational or appropriate enough in order to contribute to the stable growth of FDI tendencies in Saudi Arabia during two decades. More research is required in this field in order to analyze the specifics of the currently used legal framework regarding FDI and the aspects of the recent development in this area.

The following research questions and sub-questions are formulated for the current study in order to address the stated problem:

• RQ: How does the legal framework for FDI adopted in Saudi Arabia influence the recent development in the field?
• Sub-Question 1: How does the FIL influence the FDI regulations in Saudi Arabia in order to achieve changes in attracting foreign investments?
• Sub-Question 2: What aspects of the Saudi legal system, commercial law, modern regulations, and the rules of the Islamic law have influenced the recent development in the FDI area?

Literature Review: The Argument and Hypothesis

The recent literature on FDI in Saudi Arabia and the associated legal framework are focused on describing how the adoption of the FIL has led to developing the oil-industry sector in the country and what other major legal decisions were made. The Foreign Capital Investment Law of 1979 was oriented to protecting the role of the Saudi government in regulating the oil industry.⁶ However, global trends influenced the Saudi legislators’ vision of FDI, and the SAGIA was established along with introducing the FIL of 2000 in order to open the country to foreign investments.⁷ The law was innovative for Saudi Arabia because it allowed the 100% foreign ownership in different types of industrial and commercial projects.⁸

In subsequent years, the Council of Ministers concentrated on privatizing public sector utilities, and the focus on privatization and FDI became typical of many industries in the country to decrease its dependence on the oil sector.⁹ The adoption of the FIL has led to financing numerous industrial, non-industrial, and agricultural projects in Saudi Arabia using the resources from the Middle Eastern countries, the United States, the United Kingdom, France, Germany, and others.¹⁰

In 2005, Saudi Arabia joined the World Trade Organization and the country’s economic stability attracted even more investors than it was observed after 2000.^{11 12} In 2015, following a series of laws, the stock market related to such industries as petrochemicals, retailing, and banking among others was opened by the authorities for more active FDI. It is reflected in the Saudi plan of economic development up to 2030 (according to Vision 2030) that guarantees that FDI will be promoted and increase steadily.¹³

The adoption of the Banking Control Law to regulate taxes and the investment environment of the country and the development of the Insolvency Law seem to contribute to this process.^{14 15} In this context, it is necessary to focus more on the literature while analyzing how the existing legal framework can provide the effective legal protection for foreign investors in the country.

However, some researchers still present evidence that there are challenges and barriers associated with developing FDI and adopting its legal framework. Jadea and Basir indicate that the integration of FDI into the country’s economic structure is rather problematic because of the necessities of correlating the innovative legislation with the Islamic law and Western patterns within a legal framework.¹⁶ Furthermore, there are also data supporting the idea that, after adopting the FIL, both positive and negative aspects were observed in the legal and economic systems of Saudi Arabia, leading to periods of growth and decline. Thus, the period from 2008 to 2011 was not active in attracting FDI.^{17 18} In this context, it is important to examine what factors characterize the recent development in this sphere in Saudi Arabia.

After reviewing the literature on the legal framework related to regulating FDI in Saudi Arabia, it is possible to formulate the following hypothesis to guide this research: the legal framework for FDI that was adopted in the country has positively influenced the recent development in the field, resulting in the stable growth of investments. Moreover, it is possible to assume that the key role in affecting the recent development in FDI was played by the FIL that was adopted to achieve changes in attracting FDI to the country. In addition, the researcher assumes that certain aspects of the Saudi legal system, commercial law, modern regulations, and the rules of the Islamic law has also influenced the recent development in the FDI field, leading to financing more Saudi projects today.

It is important to note that the argument supporting the formulation of this hypothesis and assumptions is based on the preliminary analysis of the available literature on the topic. In spite of the fact that some researchers accentuate certain challenges in promoting FDI in Saudi Arabia, there is much evidence reported by experts to support the idea that the adopted laws promote FDI in the country, as it is in other states in the Middle Eastern region.^{19 20 21 22}From this perspective, the recently adopted laws in Saudi Arabia regarding FDI and regulations implemented in association with the SAGIA seem to contribute to diversifying the Saudi economy, opening employment opportunities, and expanding the country’s non-oil industries in contrast to the developed oil industry.^{23 24 25}

Furthermore, the research supports the statement that the SAGIA as a regulatory and investment promoting agency, as well as the FIL, played the key role in forming a positive economic environment in Saudi Arabia based on the effectively developed legal framework. It is important to pay attention to the fact that the SAGIA regularly reviews FDI-related activities and associated laws in order to guarantee the effective development of all sectors in Saudi Arabia, and this aspect also requires the further investigation.^{26 27 28}The marker of the positive development in a legal sphere regarding FDI is also the design of the new Insolvency Law that will be effective in order to attract even more investments to new sectors of Saudi Arabia.²⁹

Contribution of the Research to the Existing Literature

In spite of the fact that there are many studies on FDI and associated laws in Saudi Arabia, the majority of these investigations are based on examining what effects the FIL had on opening the country for foreign investment. Another group of studies is related to examining the composition of the existing legal framework related to FDI in Saudi Arabia with the focus on analyzing specific connections between international trends, the Western legal patterns, and the Islamic law.^{30 31} Still, there is a gap in the existing literature on the topic regarding the examination of the recent development of FDI trends in the country depending on the effectiveness or non-effectiveness of the adopted legal framework.

It is necessary to pay attention to the fact that, in the existing literature, much attention is paid to studying how the innovative course to supporting FDI that was chosen in 2000 has led to the development of the economy of the country.³² Nevertheless, one should note that only limited research is present on discussing how the tendency developed and what other regulations were added to the legal framework influencing its effectiveness. Therefore, it is possible to speak about the gap in the literature regarding the discussion of the recent development and trends in FDI in Saudi Arabia that are based on the existing legal framework. It is also important to discuss how this research can contribute to the existing literature in the area, as well as to theory and practice.

This study will contribute to analyzing how the legal framework for FDI that was adopted in Saudi Arabia could influence the recent development in the field with the focus on current trends in industries and law. As a result, the study will indicate how the FIL could influence the current situation in Saudi Arabia regarding FDI and whether positive tendencies in investing projects are still observed in the country. The planned research will also provide the examination of the aspects of the Saudi legal system that can be discussed as having the most significant impact on the recent development in the FDI area.

Thus, this contribution is important for the existing literature on commercial law and FDI in Saudi Arabia, as well as for the legal and economic literature in the field. The focus will be on discussing the legal framework related to FDI with reference to its recent impact on investments in Saudi Arabia, involving the latest events and updated changes in the legal system. The contribution to practice will include the discussion of potential weaknesses in the existing legal framework in order to address the latest trends and innovations in FDI from the global perspective to influence the economic development of Saudi Arabia.

Methodology

The qualitative methodology is selected for this research in order to address the set research question and sub-questions. The review of the primary and secondary literature in the context of the qualitative method will be supported by conducting interviews with representatives of organizations in Saudi Arabia where projects are financed through FDI. For the literature review, primary sources will include FDI-related legal documents, laws, initiatives, and court cases in Saudi Arabia that can effectively illustrate the existing legal framework associated with this issue.³³

The focus will be on examining the past and updated laws and regulations adopted in Saudi Arabia in order to understand their impact on the recent development of the sphere. Secondary sources will include publications and studies on the topic of the legal framework for FDI in Saudi Arabia and its effectiveness to stimulate the economic progress in the country.

The information gathered with the help of the literature review needs to be supported by other data according to the principle of triangulation that is used in the qualitative methodology. Semi-structured interviews will be conducted with the representatives of organizations that are directly connected with promoting FDI in Saudi Arabia for the purpose of identifying factual effects of the existing legal framework on the recent development in the field.

It is important to understand what actual advantages or barriers caused by laws and regulations on FDI in Saudi Arabia can influence the development of this area in the country today. It is necessary to note that the information collected with the help of the literature review and interviews will be analyzed and compared in order to respond to the set research question and associated sub-questions.

Bibliography

Abidin ISZ, Haseeb M, Azam M and Islam R, ‘Foreign Direct Investment, Financial Development, International Trade and Energy Consumption: Panel Data Evidence from Selected ASEAN Countries’ (2015) 5 International Journal of Energy Economics and Policy 841.

Al Khathlan K, ‘Foreign Direct Investment Inflows and Economic Growth in Saudi Arabia: A Co-Integration Analysis’ (2013) 4 Review of Economics & Finance 70.

Alavinasab SM, ‘Determinants of Foreign Direct Investment in Iran’ (2013) 3 International Journal of Academic Research in Business and Social Sciences 258.

Albassam B, ‘Does Saudi Arabia’s Economy Benefit from Foreign Investments?’ (2015) 22 Benchmarking: An International Journal 1214.

Alsharif DT, ‘How Saudi Arabia Shows It Is Open for Business’ Arab News (Riyadh, 2018). Web.

Dudley D, ‘Saudi Arabia Suffers Shock Collapse in Inward Investment’ Forbes (New York, 2018). Web.

Foreign Capital Investment Law (1979) 17/111421H 11/21.

Gawad GMA and Muramalla VSSR, ‘Foreign Direct Investment (FDI) and Its Effects on Oil, Gas and Refinery Production and Their Exports: An Applied Study’ (2013) 4 Journal of Economics and Sustainable Development 21.

Held D and Ulrichsen K, The Transformation of the Gulf: Politics, Economics and The Global Order (Routledge 2013).

Hussein K, FDI Trends in the Arab Region (United Nations Economic and Social Commission for Western Asia 2014).

Iamsiraroj S and Ali Ulubaşoğlu M, ‘Foreign Direct Investment and Economic Growth: A Real Relationship or Wishful Thinking?’ (2015) 51 Economic Modelling 200.

Iamsiraroj S, ‘The Foreign Direct Investment–Economic Growth Nexus’ (2016) 42 International Review of Economics & Finance 116.

International Trade Administration, ‘Saudi Arabia – 1-Openness to and Restriction on Foreign Investment’ (Export.gov, 2017). Web.

Jabri A, Guesmi K and Abid I, ‘Determinants of Foreign Direct Investment in MENA Region: Panel Co-Integration Analysis’ (2013) 29 The Journal of Applied Business Research 1103.

Jadea AK and Basir SM, ‘Legal Regime of Foreign Direct Investment in Saudi Arabia within 2008–2015’ (2017) 3 Imperial Journal of Interdisciplinary Research 479.

KSA Foreign Investment Law (2000) Royal Decree no. M/15 1421/10.

Moser S, Swain M, and Alkhabbaz M, ‘King Abdullah Economic City: Engineering Saudi Arabia’s Post-Oil Future’ (2015) 45 Cities 71.

Oxford Business Group, ‘New Legislation in Saudi Arabia to Attract Foreign Investment’ (Oxford Business Group, 2018). Web.

— — ‘Saudi Arabia Well Placed to Take Advantage of Its Trade and Investment Strengths’ (Oxford Business Group, 2018). Web.

Qureshi R and Medabesh A, ‘Saudi Arabia’s Declining Foreign Direct Investment Inflows: Inept Marketing Strategy?’ (2016) 4 International Journal of Economics, Commerce and Management 335.

Rogmans T and Ebbers H, ‘The Determinants of Foreign Direct Investment in the Middle East North Africa Region’ (2013) 8 International Journal of Emerging Markets 240.

Sbia R, Shahbaz M and Hamdi H, ‘A Contribution of Foreign Direct Investment, Clean Energy, Trade Openness, Carbon Emissions and Economic Growth to Energy Demand in UAE’ (2014) 36 Economic Modelling 191.

Shahbaz M, Nasreen S, Abbas F and Anis O, ‘Does Foreign Direct Investment Impede Environmental Quality in High-, Middle-, and Low-Income Countries?’ (2015) 51 Energy Economics 275.

Sillah B, ‘Human Capital, Foreign Direct Investment Stock, Trade and the Technology Diffusion in Saudi Arabia 1974-2011’ (2015) 42 Journal of Economic Studies 101.

Taylor S, Bogdan R and DeVault M, Introduction to Qualitative Research Methods: A Guidebook and Resource (John Wiley & Sons 2015).

Footnotes

1. Gaber Mohamed Abdel Gawad and Venkata Sai Srinivasa Rao Muramalla, ‘Foreign Direct Investment (FDI) and Its Effects on Oil, Gas and Refinery Production and Their Exports: An Applied Study’ (2013) 4 Journal of Economics and Sustainable Development 23.
2. Khaled Hussein, FDI Trends in the Arab Region (United Nations Economic and Social Commission for Western Asia 2014) 8-12.
3. Bassam Albassam, ‘Does Saudi Arabia’s Economy Benefit from Foreign Investments?’ (2015) 22 Benchmarking: An International Journal 1215.
4. Oxford Business Group, ‘New Legislation in Saudi Arabia to Attract Foreign Investment’ (Oxford Business Group, 2018). Web.
5. Alenazi Khaled Jadea and Salawati Mat Basir, ‘Legal Regime of Foreign Direct Investment in Saudi Arabia within 2008–2015’ (2017) 3 Imperial Journal of Interdisciplinary Research 481.
6. Foreign Capital Investment Law (1979) 17/111421H 11/21.
7. KSA Foreign Investment Law (2000) Royal Decree no. M/15 1421/10.
8. Khalid Al Khathlan, ‘Foreign Direct Investment Inflows and Economic Growth in Saudi Arabia: A Co-Integration Analysis’ (2013) 4 Review of Economics & Finance 71-73.
9. Bukhari Sillah, ‘Human Capital, Foreign Direct Investment Stock, Trade and the Technology Diffusion in Saudi Arabia 1974-2011’ (2015) 42 Journal of Economic Studies 102.
10. Alenazi Khaled Jadea and Salawati Mat Basir, ‘Legal Regime of Foreign Direct Investment in Saudi Arabia within 2008–2015’ (2017) 3 Imperial Journal of Interdisciplinary Research 480.
11. Bukhari Sillah, ‘Human Capital, Foreign Direct Investment Stock, Trade and the Technology Diffusion in Saudi Arabia 1974-2011’ (2015) 42 Journal of Economic Studies 102.
12. Riyazuddin Qureshi and Ali Medabesh, ‘Saudi Arabia’s Declining Foreign Direct Investment Inflows: Inept Marketing Strategy?’ (2016) 4 International Journal of Economics, Commerce and Management 336-337.
13. International Trade Administration, ‘Saudi Arabia – 1-Openness to and Restriction on Foreign Investment’ (Export.gov, 2017). Web.
14. Dimah Talal Alsharif, ‘How Saudi Arabia Shows It Is Open for Business’ Arab News (Riyadh, 2018). Web.
15. International Trade Administration, ‘Saudi Arabia – 1-Openness to and Restriction on Foreign Investment’ (Export.gov, 2017). Web.
16. Alenazi Khaled Jadea and Salawati Mat Basir, ‘Legal Regime of Foreign Direct Investment in Saudi Arabia within 2008–2015’ (2017) 3 Imperial Journal of Interdisciplinary Research 481.
17. Riyazuddin Qureshi and Ali Medabesh, ‘Saudi Arabia’s Declining Foreign Direct Investment Inflows: Inept Marketing Strategy?’ (2016) 4 International Journal of Economics, Commerce and Management 337.
18. Tim Rogmans and Haico Ebbers, ‘The Determinants of Foreign Direct Investment in the Middle East North Africa Region’ (2013) 8 International Journal of Emerging Markets 241.
19. Abdelkarim Jabri, Khaled Guesmi and Ilyes Abid, ‘Determinants of Foreign Direct Investment in MENA Region: Panel Co-Integration Analysis’ (2013) 29 The Journal of Applied Business Research 1104.
20. Irwan Shah Zainal Abidin, Muhammad Haseeb, Muhammad Azam and Rabiul Islam, ‘Foreign Direct Investment, Financial Development, International Trade and Energy Consumption: Panel Data Evidence from Selected ASEAN Countries’ (2015) 5 International Journal of Energy Economics and Policy 843.
21. Rashid Sbia, Muhammad Shahbaz and Helmi Hamdi, ‘A Contribution of Foreign Direct Investment, Clean Energy, Trade Openness, Carbon Emissions and Economic Growth to Energy Demand in UAE’ (2014) 36 Economic Modelling 193.
22. Seyed Mohammad Alavinasab, ‘Determinants of Foreign Direct Investment in Iran’ (2013) 3 International Journal of Academic Research in Business and Social Sciences 259.
23. Sasi Iamsiraroj, ‘The Foreign Direct Investment–Economic Growth Nexus’ (2016) 42 International Review of Economics & Finance 118.
24. Sasi Iamsiraroj and Mehmet Ali Ulubaşoğlu, ‘Foreign Direct Investment and Economic Growth: A Real Relationship or Wishful Thinking?’ (2015) 51 Economic Modelling 202.
25. Muhammad Shahbaz, Samia Nasreen, Faisal Abbas and Omri Anis, ‘Does Foreign Direct Investment Impede Environmental Quality in High-, Middle-, and Low-Income Countries?’ (2015) 51 Energy Economics 276-277.
26. Dominic Dudley, ‘Saudi Arabia Suffers Shock Collapse in Inward Investment’ Forbes (New York, 2018). Web.
27. International Trade Administration, ‘Saudi Arabia – 1-Openness to and Restriction on Foreign Investment’ (Export.gov, 2017). Web.
28. Oxford Business Group, ‘Saudi Arabia Well Placed to Take Advantage of Its Trade and Investment Strengths’ (Oxford Business Group, 2018). Web.
29. International Trade Administration, ‘Saudi Arabia – 1-Openness to and Restriction on Foreign Investment’ (Export.gov, 2017). Web.
30. Sarah Moser, Marian Swain, and Mohammed Alkhabbaz, ‘King Abdullah Economic City: Engineering Saudi Arabia’s Post-Oil Future’ (2015) 45 Cities 71.
31. Alenazi Khaled Jadea and Salawati Mat Basir, ‘Legal Regime of Foreign Direct Investment in Saudi Arabia within 2008–2015’ (2017) 3 Imperial Journal of Interdisciplinary Research 481.
32. David Held and Kristian Ulrichsen, The Transformation of the Gulf: Politics, Economics and The Global Order (Routledge 2013) 112.
33. Steven Taylor, Robert Bogdan and Marjorie DeVault, Introduction to Qualitative Research Methods: A Guidebook and Resource (John Wiley & Sons 2015) 84.

Proposal Timeline

Introduction

Recidivism is a serious issue to be addressed as it has numerous adverse effects on society including economic losses, public health, and social concerns (increasing rate of unemployment, substance abuse, single-parent families, and so on). Female offenders’ recidivism received little attention previously as women constituted less than 10% of the number of American inmates, but the rate of this population in correctional facilities increased by 20% during the 2000s, which is an alarming trend (Golder et al., 2013). Moreover, it has been estimated that approximately half of these females reenter the system. Golder et al. (2013) also stress that the vast majority of females under the supervision of parole/probation officers have a substance abuse disorder. All these facts suggest that the existing parole/probation programs are not efficient.

It has been acknowledged that social ties are influential factors affecting females’ recidivism (Barrick, Lattimore, & Visher, 2014). These ties are associated with the relationships with family members, community, and parole/probation officers. At the same time, Morash, Kashy, Smith, and Cobbina (2016) claim that there is an indirect link between parole/probation officers’ behaviors and attitudes and female offenders’ recidivism. For instance, parole/probation officers’ punitive leadership style results in the development of depressive symptoms in female offenders. Therefore, it is critical to explore major stakeholders’ views on the matter.

In this research, qualitative research methods will be used (survey research). The focus of this study is the analysis of female offenders’ and parole/probation officers’ perspectives concerning their interactions. The implications of the research are manifold as they can reveal drawbacks in parole/probation programs, needs and wants of the major stakeholders, and possible ways to improve the programs.

Problem Statement

The research problem of this study can be formulated as follows: certain behaviors and attitudes of parole/probation officers may have a significant effect on female offenders’ recidivism. It is noteworthy that the perspectives of female offenders and parole/probation officers will be considered. The researcher will examine former inmates’ needs, wants, fears, and concerns, as well as reasons behind parole/probation officers’ behaviors, the way they evaluate their behavior and leadership styles, concerns, and expectations. The data mentioned above may help identify some flaws in parole/probation programs and contribute to the development of cost-effective programs.

The probation/parole office at Tutwiler Prison (Wetumpka, AL) will be addressed. The prison has a capacity to accommodate 700 inmates. As seen from the data available, around 60% of inmates tend to have substance abuse disorders (Golder et al., 2013). Therefore, the target population is approximately 400 people. Since the proposed study will be qualitative, the sample will include approximately 40 female offenders. The researcher will request permission to examine records of offenders receiving parole/probation treatment during the past 12 months and parole/probation officers with a working experience of, at least, 18 months. The study subjects will be female offenders (aged between 18 and 55) who have participated in a substance abuse treatment program and have taken part in a parole/probation treatment program within the past 12 months. As for parole probation officers, the sample will include approximately 4 people. Parole/probation officers working in the field for at least 18 months and who have supervised at least one female offender with the characteristics mentioned above will be recruited. Probability sampling (simple random sampling) will be used to collect the data.

Literature Review

Many studies concerning female offenders’ recidivism are associated with the factors affecting these individuals’ behaviors after their release. It is noteworthy that since female recidivism has acquired researchers’ attention quite recently, researchers use the frameworks developed within the terrain of male offenders’ recidivism (Greiner, Law, & Brown, 2015). Greiner et al. (2015) state that primary factors that have an influence on female offenders’ recidivism include substance abuse, weak social bonds, unemployment, and the lack of education and skills, and so on. It has been found that these factors affect women offenders in different ways.

Substance abuse is seen as one of the most influential factors associated with recidivism. It has been estimated that 58% of females who are under the supervision of a parole/probation officer use illicit drugs (Golder et al., 2013). Golder et al. (2013) found that women on parole were less likely to use illicit substances as compared to females on probation. Rellahan (2017) the majority of former inmates tend to be victims of violence (domestic, sexual, and so on) during some (usually prolonged) periods of their life. This exposure to violence is one of the factors contributing to these women’s substance abuse disorders and behaviors. Makarios, Steiner, and Travis (2012) claim that female offenders taking part in a substance abuse treatment program are unlikely to re-offend. The researchers emphasize that the effectiveness of these programs is mainly associated with the approach employed as these programs imply psychological support, training, assistance, and so on (Makarios et al., 2012). Therefore, the researchers acknowledge that social ties have a positive effect on female offenders’ behavior.

Apart from substance abuse, the lack of strong social ties often contributes to female offenders’ recidivism. Barrick et al. (2014) note that this factor is more influential for female offenders rather than male offenders. The researchers identified family ties as the most relevant social bonds that affected former female inmates’ behavior. Greiner et al. (2015) also revealed a strong negative correlation between family ties and women offenders’ recidivism. Makarios et al. (2012) state that family ties are central as the use of these bonds in various programs for former inmates has proved to be effective. Attachment is also regarded as an important factor that can prevent female offenders’ reentering. For instance, Vidal, Oudekerk, Reppucci, and Woolard (2013) note that female youth parolees’ attachment to parents (and parole officers) positively affects their behavior and negatively correlates with recidivism. Importantly, Scott, Grella, Dennis, and Funk (2014) found that a female offender’s child custody had a considerable impact on the woman’s behavior and made her vulnerable to reoffending.

Although family bonds are the most influential type of social bonds, other relationships have been researched as well. It has been found that relationships developed during supervision interactions between parole/probation officers and female offenders may affect the former inmates’ behaviors (Kashy, Smith, and Cobbina, 2015). As has been mentioned above, attachment towards parole officers developed in youth female parolees helps the latter avoid engagement in criminal behaviors (Vidal et al., 2013). Morash, Kashy, Smith, and Cobbina (2015) emphasize that parole/probation officers’ punitive methods contribute to women offenders’ recidivism. It is noteworthy that researchers have quite different views on this aspect.

For instance, Morash et al. (2016) argue that there is no direct link between female offenders’ recidivism and parole/probation officers’ behaviors. However, the researchers found indirect effects of parole/probation officers’ behavior that included the development of depressive symptoms and anxiety among the female offenders. These psychological issues are often associated with substance abuse, which, in turn, often leads to criminal behavior. Cornacchione et al. (2016) explored female offenders’ views on their interactions with parole/probation officers and found that the agents’ advice was helpful and prevented female offenders from engaging in criminal activity.

Rellahan (2017) states that there is no direct connection between recidivism and parole/probation officers’ behaviors, but the use of punitive leadership styles during correctional programs is not efficient. The researcher emphasizes that the use of the trauma-informed approach can significantly enhance the effectiveness of the programs as it has been associated with the reduction of the rate of female offenders’ recidivism. The trauma-informed approach is associated with the use of interventions that include discussions of women offenders’ needs, hopes, fears, and so on. Kubiak, Fedock, Kim, and Bybee (2016) evaluated the effectiveness of a trauma-based intervention. The researchers stressed that the program has proved to be effective as it is associated with strong short- and long-term outcomes while it consists of only 20 sessions (to compare, the conventional program involved in the study included 44 sessions) (Kubiak et al., 2016).

It is necessary to note that the majority of articles reviewed focus on female offenders’ views and perspectives while perspectives of parole/probation officers have received little attention. As for studies concerning parole/probation officers work and behavior, Viglione, Blasko, and Taxman (2017) state that many of these professionals do not employ evidence-based approaches (proactive referral practices and case management) due to the lack of organizational commitment. This study reveals an important aspect that needs further research as organizational behavior has a significant impact on the effectiveness of probation and parole supervision.

This literature review helps identify a number of gaps existing in the knowledge base concerning female recidivism. For instance, it has been found that substance abuse and social ties are influential factors contributing to women offenders’ re-entering. Nevertheless, little attention has been paid to the correlation between these two factors. It can be beneficial to identify the ways relationships with different people affect female offenders’ ability to address their substance abuse disorder. Former inmates’ perspectives are of particular interest. This population could describe the major barriers to the effective treatment of their substance abuse disorder or their reentering into society.

Besides, the exploration of relationships between parole/probation officers and female offenders has been rather one-sided. Researchers have concentrated on female offenders’ views, but it can be helpful to examine parole/probation officers’ views on the matter. It could be beneficial to analyze these stakeholders’ views with the focus on the reasons behind their behavior. The information mentioned above can potentially improve the existing parole/probation programs making them more cost-effective, which, in turn, may contribute to the decrease in the number of reentering female offenders.

Methods

Conceptualization and Operationalization

The proposed research will address the gap mentioned above. It is necessary to start with the conceptualization and operationalization of the major concepts. The central concepts are recidivism, substance abuse, and substance abuse treatment. In the proposed study, recidivism can be defined as a conviction following a treatment program completion. The operational definition of the term is as follows: recidivism can be measured as an instance and the number of convictions taking place within 12 months after the completion of a substance abuse treatment program. The number of arrests will not be taken into account. The conviction may take place within a year or more after the completion of the treatment program while the offenses that took place within the period mentioned above will be measured.

In this study, recidivism is regarded as reoffending within one year after a substance abuse program is completed. The operational definition of recidivism can be formulated as follows: recidivism is any conviction for an offense that took place within a year after the completion of a substance abuse treatment program. Substance abuse treatment is seen as a program aimed at helping people suffering from a substance abuse disorder overcome their health issues. As for the operationalization of this concept, substance abuse treatment can be defined as a program involving a set of procedures aimed at treating a substance abuse disorder a female offender agrees to participate in during probation treatment. Such details as components or duration of the program will also be analyzed. Substance abuse is referred to as the use of any illicit drug or drugs during the parole/probation supervision after the completion of a program involving substance abuse treatment. The operational definition is as follows: substance abuse is the positive result of a drug test or self-reporting of the use of illicit drugs, as well as incarceration on a drug use charge.

Other concepts that should be conceptualized and operationalized include punitive styles, negative attitudes, anxiety, depressive symptoms, personal bias, insufficient training, and overload. Punitive styles can be referred to as the focus on control, supervision, enforcement of rules with little attention to offenders’ needs (Miller, 2015). The operational definition of this concept is parole/probation officers’ remarks concerning the importance of offenders’ compliance with laws and regulations and the corresponding notes they add to offenders’ profiles. Negative attitudes can be defined as parole/probation officers’ focus on the negative aspects such as substance abuse, employment status, psychological state of women offenders, and so on. This concept can be operationalized as follows: negative attitudes include judging and the prevalence of notes concerning negative aspects in female offenders’ profiles. Some symptoms of depression and anxiety include mood swings, problems with concentrating, the loss of appetite, problems with controlling temper (Morash et al., 2015). As for the operationalization of the concept, female offenders can be asked to estimate the frequency of such symptoms.

Parole/probation officers’ personal bias can be referred to as the belief that all female offenders are prone to engaging in criminal behaviors and recidivism and do not make efforts to improve their lives. To operationalize this concept, it is possible to ask parole/probation officers to share their views on women offenders’ characters, reasons for their incarceration and recidivism, the reasons for failing probation and parole treatment. Insufficient training can be referred to as training programs (especially those associated with the provision of psychological support, leadership, and so on) and the gaps identified by parole/probation officers regarding their training. The operationalization of the concept includes the calculation of available training courses and initiatives, the rate of parole/probation officers’ participating in these initiatives, as well as officers’ evaluations of the programs’ effectiveness. Overload is referred to as the need to provide services to an excessive number of female offenders. To operationalize the concept, it is possible to calculate the number of supervised people, as well as tasks completed by parole/probation officers. It is also possible to compare this number with the number of cases supervised a year ago.

Hypotheses and Research Questions

The hypothesis of the proposed study can be formulated in the following way:

1. Parole/probation officers’ negative attitudes and punitive styles contribute to the development of depressive symptoms and anxiety in female offenders.
2. Effective relationships between parole/probation officers and female offenders help the latter avoid engagement in criminal activity.
3. Parole/probation officers may display negative attitudes due to personal bias, overload, and/or insufficient training.

The research questions that will help address the hypothesis set are:

1. How does parole/probation officers’ improper behavior influence women offenders’ recidivism?
2. What are the reasons for such behaviors?

Sampling Method

As for the sampling method, probability sampling will be employed. Simple random sampling will be implemented. The records of a local parole/probation office will be reviewed and the population of female offenders who have participated in parole/probation treatment programs during the past 12 months aged between 18 and 55 will be reviewed. Women of the mentioned age with substance abuse history who completed a substance abuse treatment program will be included in the study. The randomization will be carried out with the help of software (Microsoft Excel). It is necessary to note that other variables (socioeconomic status, ethnicity, and so on) will not affect the recruitment process, but the researcher will mention correlations (if any) that will become apparent during the interviews. The chosen individuals will receive a phone call and will be offered to take part in the research. Those who reveal their interest will receive written consent forms via email. The forms can be sent to their mailbox or will be delivered to any other place (if necessary). When the form is signed, the researcher and the participant agree on the date and time of the interview.

Parole/probation officers will be chosen via simple random sampling as well. The records concerning the number of parole/probation officers working with female offenders will be reviewed. The eligible parole/probation officers will be those who have supervised at least one female offender who has completed a substance abuse treatment program. An important variable is the work experience, parole/probation officers who have worked for at least 18 months will be recruited. The parole/officers’ gender will also be a variable as officers’ gender may affect the way former inmates perceive them. For instance, some female offenders may have certain psychological issues associated with interactions with males. Since interactions between parole/probation officers and women offenders, officers’ gender will be under analysis. No other variables (age, ethnicity) are relevant to this study. The chosen parole/probation officers will be contacted via phones, and the written consent forms will be sent in any convenient way mentioned by the officer. When the form is signed, the date and time of the interview will be agreed upon. The necessary permissions from the parole/probation office will be obtained. As has been mentioned above, approximately four parole/probation officers and 40 female offenders will take part in the analysis. The sample size is appropriate as the focus is on former inmates of the Julia Tutwiler Prison for Women.

Research Design

Since the focus is on people’s perspectives, qualitative data will be collected and analyzed. The cross-sectional design is appropriate for this study as a particular group of people at a particular point in time is under research. The survey research will be the major approach used to address the research questions. This research design enables the researcher to elicit the qualitative data necessary to understand the factors affecting the efficiency of certain correctional programs. The reasons for some behaviors can also be revealed through the analysis of qualitative data.

Data Collection

The major data collection method of the proposed study is the interview. Semi-structured interviews will be used as they allow the researcher to elicit as many details as possible. The researcher has a set of prepared questions, but the participants’ answers may be associated with an area that has been neglected or underestimated by the researcher. It is vital to focus on the participants’ inclinations, needs, and wants, so questions can be shaped by the participants’ answers. Besides, this type of interview is very similar to a conversation, so it will be easier for the researcher to create the necessary atmosphere that will encourage the participants to be sincere and detailed. The interviews will be recorded with permission from the participants. If a participant does not want to have the interview recorded, the researcher will take notes.

Moreover, it is critical to encourage the participants to share their ideas on issues that can be quite sensitive. Therefore, paraphrasing and certain changes in the focus of the question can help achieve this goal. The questions concerning female offenders’ perspectives will include these women’s attitudes towards the parole/probation program, the relationships with the parole/probation officer, particular negative (if any) experiences, their psychological state (the focus will be on depressive and anxiety symptoms if any), the tie (if any) between the officers’ behavior and the females’ decisions regarding their involvement in criminal activities. The questions used during the interviews with parole/probation officers will include these people’s views on their leadership style (its effectiveness), the efficiency of the parole/probation program, prospects of the female offenders supervised, general views of offenders (their characteristic features, reasons for criminal behavior, and so on), some peculiarities of work (workload, available training), and so on.

Data Analysis and Presentation

The general approach that will be proposed to analyze the qualitative data collected will be inductive. The inductive approach is associated with the exploration of a phenomenon from a different perspective (Creswell, 2014). Therefore, although the interactions between women offenders and parole/probation officers have received certain attention, the major focus has been on the offenders’ attitudes and outcomes. The proposed study will examine the perspectives of female offenders and parole/probation officers. Content analysis will be employed. The participants will be interviewed, and the interview transcripts will be analyzed interpretively. The researcher will describe some peculiarities of the interactions and try to explain the reasons for such peculiarities as well as possible outcomes of the interactions for both offenders and officers.

It is possible to disseminate the findings of the proposed research in a number of ways. The findings can enrich the knowledge base as an academic paper can be developed. The paper can be published in a peer-reviewed article. However, to disseminate the findings of this study, it is also possible to develop a report. The report will include all the major details of a peer-reviewed article including literature review, background, methods, results, discussion, conclusion, and reference list. However, in spite of the use of the academic format, the report will be written for practitioners (officers) rather than researchers. The report will include an extensive number of visuals to help the reader grasp all the major details. The most detailed sections will be results and discussion. The report will also include recommendations section. This part will contain a set of particular recommendations that can help parole/probation officers improve their work. The report will be specifically valuable for administrators of correctional facilities.

The participants’ accounts will be transcribed with the help of online software. The data will be analyzed manually and with the help of software. First, the researcher will code the data collected. The focus will be on the most recurrent themes associated with the participants’ views on their interactions. The codes and themes identified will be inserted into a Microsoft Excel file for further analysis. Percentages may be used as a statistical tool as it is important to analyze the frequency of themes’ occurrence. Some charts will also be developed to help the researcher (and later, the reader) to visualize the findings. To ensure the reliability of the data analysis, the researcher will use data analysis software available online. QDA Miner Lite will be used to check the correctness of codes and themes identified. This tool can help with the visualization of the data. The software helps in creating charts and graphs.

At this point, it is necessary to add that statistical tools will be used to describe some characteristics of the participants. For example, the mean age of the participants and parole/probation officers will be provided. The percentage of people pertaining to different ethnic groups will also be given although ethnicity will not be taken into account when choosing participants. To present the data, it is possible to use a pie chart, which will explicitly reveal the prevalence of some ethnic groups (if any). The data mentioned above can help the researcher identify possible correlations, and links between people’s characteristics and their ideas. The data can also be important for the development of further research.

To ensure the reliability and validity of the study, the researcher will resort to peer examination and member checking. Creswell (2014) states that member checking can help ensure the correctness of coding and theming. The codes and themes that are identified by peers and the software mentioned above will be included in the study. As for member checking, this strategy can help the researcher eliminate possible bias. The researcher provides transcribed interviews with codes and themes identified to the corresponding participants. The participants (who agree to take part in member checking) check whether their words were interpreted correctly. The consent forms will include the request to participate in member checking.

Organizational Behavior

As has been mentioned above, organizational behavior has a considerable impact on parole/probation officers’ behavior, which, in turn, affects female offenders’ recidivism. This study will explore the way organizational behavior influences parole/probation officers’ behavior and their interaction with female offenders. Volkema (2010) identifies four concepts of organizational behavior and management. These concepts include individual / collective, differentiation / integration, centralization / decentralization, and linear / nonlinear. As has been mentioned above, the lack of organizational commitment is closely related to parole/probation officers’ behavioral patterns. Therefore, individual / collective and centralization / decentralization concepts will be central to this study. It is essential to understand the reasons for the lack of organizational commitment (and the focus on the individual principle rather than the collective one). The distribution of power and control within correctional facilities can help in assessing parole/probation officers’ behaviors (Volkema, 2010).

Apart from paying attention to the concept of organizational behavior when collecting and analyzing data, it is essential to take into account the way this aspect is related to the proposed study setting. Clearly, organizational culture is likely to have an impact on the way parole/probation officers will respond to questions and even the extent to which these professionals will be willing to participate. It is possible to assume that parole/probation officers are likely to reveal their commitment to organizational values, goals, and management practices. At that, there are chances that these professionals will criticize the distribution of power and control within the organization as they might need more freedom to make decisions as female offenders often have different backgrounds, needs, and goals. To ensure effective data collection, it is possible to consider the implementation of the interviews outside parole/probation officers’ offices as this can help them share their views more freely. Besides, it is important to develop clear and precise questions concerning the effects of organizational values, goals, and management practices on parole/probation officers’ behavior. The questions will address such concepts as leadership, management, the use of the evidence-based approach. When analyzing data, it can be important to compare parole/probation officers’ views on these aspects. This comparison can help evaluate the existing organizational culture and the way it affects parole/probation officers.

Ethics

Finally, it is important to make sure that the study is implemented in terms of the major ethical regulations. The proposed study will be characterized by confidentiality and privacy. First, the participants will be contacted via phone, and the written consent forms will be delivered to them in the way they will prefer. Although the administration of the center will be aware of the implementation of the study, the participants will be chosen randomly, which will make it difficult to identify exact people who will take part in the research. Additionally, the participants will receive information concerning their rights as to participating in a study. The information will be included in the written consent form. The form will cover such aspects related to participants’ rights as confidentiality and privacy as well as possible withdrawal from the study at any point. It is preferable to hold interviews in a place outside the parole/probation agents’ offices, which can ensure the confidentiality and privacy of both female offenders and parole/probation officers. It is noteworthy that the written consent form will also include the most relevant data concerning the study.

One of the basic rights of any study participants involves the full knowledge of certain details of the study. They should understand the benefits of the study as well as possible negative effects and hazards associated with their participation. The participants’ personal information, as well as the transcripts, will be stored on the personal computer that has the necessary security software. The participants’ personal information (names, contact details) will not be withheld to any third parties. Code names will be used to refer to particular participants during the data analysis. The use of code names will ensure the participants’ anonymity as even the researcher will be unaware of the identity of the participants while analyzing the interview transcripts. Although female offenders suffering or who have suffered from a substance abuse disorder can be regarded as a vulnerable population, the participants will be informed about the potential benefits of the study. This information can encourage them to share their ideas freely. Of course, all the questions will be clear, unbiased, and characterized by a positive attitude and empathy. The interviews will also be characterized by the proper atmosphere (the researcher will try to develop rapport and trustful relationships with the participants). The principles of ethical research (honesty, carefulness, and objectivity) will also be followed.

Conclusion

In conclusion, it is necessary to note that female offenders’ recidivism is a serious issue to be addressed as it is associated with financial losses for the government (correctional facilities overload, cost-ineffective correctional programs, unemployment), social imbalances within communities (unemployment, inequality), and personal tragedies (motherless children). It has been found that social ties are some of the most influential factors’ affecting female offenders’ behavior. Parole/probation officers are also a part of the social network female offenders find themselves in. It has been acknowledged that parole/probation officers’ behavior and attitudes affect female offenders’ decisions concerning their engagement in criminal activity and decisions concerning substance use. However, the studies associated with this correlation are mainly quantitative although it is essential to understand particular perspectives and reasons behind the behaviors mentioned above.

The proposed research will involve interviewing female offenders and parole/probation officers. It will last four months and will include such stages as problem identification, literature review, data collection, data analysis, and summarizing findings. At the end of the study, particular themes and areas of concern will be outlined. The study will reveal people’s evaluations of parole/probation programs.

This research will have diverse implications. First, it will unveil some shortcomings of parole/probation programs. The proposed study will also help identify particular expectations, needs, and concerns of the major stakeholders (female offenders and parole/probation officers). Importantly, the researcher will expand the knowledge base on the matter as parole/probation officers’ perspectives will be taken into account. This research may potentially have positive effects on the development of the entire society as female offenders will effectively re-integrate. Finally, the study may become a starting point for further investigation as there are still many gaps to be filled.

References

Barrick, K., Lattimore, P., & Visher, C. (2014). Reentering women: The impact of social ties on long-term recidivism. The Prison Journal, 94(3), 279-304.

Creswell, J. W. (2014). Research design: Qualitative, quantitative, and mixed methods approaches. Thousand Oaks, CA: SAGE.

Cornacchione, J., Smith, S., Morash, M., Bohmert, M., Cobbina, J., & Kashy, D. (2016). An exploration of female offenders’ memorable messages from probation and parole officers on the self-assessment of behavior from a control theory perspective. Journal of Applied Communication Research, 44(1), 60-77.

Golder, S., Hall, M., Logan, T., Higgins, G., Dishon, A., Renn, T., & Winham, K. (2013). Substance use among victimized women on probation and parole. Substance Use & Misuse, 49(4), 435-447.

Greiner, L., Law, M., & Brown, S. (2015). Using dynamic factors to predict recidivism among women. Criminal Justice and Behavior, 42(5), 457-480.

Kubiak, S., Fedock, G., Kim, W., & Bybee, D. (2016). Long-term outcomes of a RCT intervention study for women with violent crimes. Journal of the Society for Social Work and Research, 7(4), 661-679.

Makarios, M., Steiner, B., Travis, L. F. (2012). Examining the predictors pf recidivism among men and women released from prison in Ohio. In M. Stohr, A. Walsh, & C. Hemmens (Eds.), Corrections: A text/reader (pp. 285-297). Thousand Oaks, CA: SAGE.

Miller, J. (2015). Contemporary modes of probation officer supervision: The triumph of the “synthetic” officer? Justice Quarterly, 32(2), 314-336.

Morash, M., Kashy, D., Smith, S., & Cobbina, J. (2015). The effects of probation or parole agent relationship style and women offenders’ criminogenic needs on offenders’ responses to supervision interactions. Criminal Justice and Behavior, 42(4), 412-434.

Morash, M., Kashy, D., Smith, S., & Cobbina, J. (2016). The connection of probation/parole officer actions to women offenders’ recidivism. Criminal Justice and Behavior, 43(4), 506-524.

Rellahan, M. P. (2017). ‘WRAP’ initiative aims to help women offenders in Chester County. The Times Herald. Web.

Scott, C., Grella, C., Dennis, M., & Funk, R. (2014). Predictors of recidivism over 3 years among substance-using women released from jail. Criminal Justice and Behavior, 41(11), 1257-1289.

Vidal, S., Oudekerk, B., Reppucci, N., & Woolard, J. (2013). Examining the link between perceptions of relationship quality with parole officers and recidivism among female youth parolees. Youth Violence and Juvenile Justice, 13(1), 60-76.

Viglione, J., Blasko, B., & Taxman, F. (2017). Organizational factors and probation officer use of evidence-based practices. International Journal of Offender Therapy and Comparative Criminology, 1-20. Web.

Volkema, R. J. (2010). Unifying principles of organizational behavior. Journal of the Academy of Business Education, 11, 70-92.

Americans with Disabilities Act: Example 1

The article of my choice concerns the controversy of the existing ADA rules. On the one hand, it must be admitted that ADA has finally helped the disabled feel that they are worthy members of society and that they have the right to enjoy the same facilities as the others and with the same comfort. However, at present, it seems that the Act has a number of loopholes that make a good case for the sue-everyone-in-town problem.

To be more exact, the article tells about a bunch of companies sued in Sacramento for not offering specific facilities for the disabled. Scott Johnson, a quadriplegic lawyer, checks the local businesses on purpose for specific facilities for the disabled and, not finding such, sues the companies for some $20,000 on average without even giving the owners time to build the required facilities.

Though I fully agree that the disabled must be offered corresponding services or them to feel comfortable, it seems that Johnson is wrong. “He didn’t ask us to even help him,” one of the owners said, which meant that the lawyer checked the restaurant on purpose, to sue the owners later. It seems that for Scott Johnson, ADA rules have become another source of making money, which just is not right.

Americans with Disabilities Act: Example 2

In the given review, the issue of abusing the ADA rules is being discussed. The author of the article review points out that there are a lot of cases when people use the rules and regulations established in ADA without the concern for everyone else and as a means to break other rules without getting punished for that.

To illustrate his idea, the author of the review mentions the case of an old lady who started bringing in cats to the place which she rented, claiming that these cats were her service animals and she could not do without them. Getting no answer to the question about the functions which these cats performed, the landlord had to yield and let the woman have the cats to his own disadvantage.

The given review impressed me a lot. In addition, it made me think of the loopholes in the existing ADA rules and the means to mend these loopholes.

Reference

A dozen businesses sued for ADA non-compliance. (2012). FOX40. Web.

Introduction

Current investigations show that the United States is one of the countries that are ready to spend much money on health care in comparison to other countries in the whole world (Hammaker, 2011). However, the intentions of the government to improve the conditions of health care cannot be defined as successful because there are still a number of problems, challenges, and mistakes that put human lives under threat.

Hammaker (2011) admits that the development and improvement of the US health care system are possible in case the rethinking of old and present ideas occurs because many Americans cannot understand what they actually see and what they can use in terms of health care. Collective thinking and the interpretation of information should be taken into consideration when the analysis of legal health care should be developed.

Understanding of health law includes the necessity to learn the basics of the US Constitution and even the Declaration of Independence. Besides, there are several types of laws like statutory, common, or administrative laws that help to realize the rights and needs of patients and other stakeholders of the health care industry. Finally, the evaluation of legal health care should be based on the analysis of court decisions and their impact on people. A number of cases are based on the discussion of abortion, end of life, genetics, and some administrative issues.

Legal aspects of the US healthcare vary considerably and help to realize that the country continues taking steps and improving the conditions under which health care is offered to people; however, the current concern and problems cannot be neglected because the US healthcare system is not perfect, and the provision of laws, criminal penalties, and legal standards is the decision that the country could make in order to change the situation and help people enjoy health care and avoid medical and administrative malpractice.

Historical Background of Health Care and Law in the United States

Legal aspects of healthcare cannot be understood without the investigation of the historical backgrounds of health care. First hospitals appeared under the rules of two civilizations, the Hindu and the Egyptians (Pozgar & Santucci, 2016). The development of Greek and Roman hospitals was observed between the 5^th century and the 15^th century AD.

Religion, politics, and military relations influenced the appearance of hospitals around the whole world. Still, only the years at the beginning of the 18^th century were defined as the period when appropriate hospitals and healthcare services revived (Pozgar & Santucci, 2016). Manhattan Island, Philadelphia, and New York City were the first allocations of hospitals where the citizens of America could ask for healthcare services.

Though the services were offered to soldiers only at the beginning, the reasons to ask for treatment were identified and improved so that a number of citizens could go to a hospital and request for help. For a long period of time, people considered hospitals as the places where their diseases could be diagnosed and treated. Health care was based on the provision of available services and improvements in the quality of life.

Nowadays, the development of health care promotes a number of changes. It is not enough to believe that a hospital is a place where medical services could be offered. Hospitals are the places where new medicine and treatments are offered as well as many legal, financial, and human resource issues have to be taken into consideration (Pozgar & Santucci, 2016).

It is not always possible for people to get medical help in case they are not aware of certain legal issues. Therefore, some researchers admit that law and medicine are the fields that have a number of similarities because both are “practiced” and defined as inexact sciences where interpretations and changes occur and questions are never precisely addressed (Steiner, 2013). The first cases of health care law were observed during the colonial period when English law was applied in the majority of colonies in regard to the needs of new land.

However, with time, the situation was changed. The results of the American Revolution proved that people could improve existing laws and consider their own needs and expectations. For example, in 1829, the decision of the US Supreme Court included the possibility to consider the common law of England not an obligation for the Americans but the basis the parts of which could be “applicable to their situations” (Pozgar & Santucci, 2016, p. 18). As a result of such court decisions, different states of America got the right to adopt the laws on their own and consider some aspects of the existing English, Spanish, and French laws.

As soon as laws and standards were identified, people got a chance to solve their ethical dilemmas, concerns, and misunderstandings with the help of constitutions, statutes, regulations, and case laws. To succeed in using laws in healthcare management, people have to realize that “laws are the very bulwarks of liberty; they define every man’s rights, and defend the individual liberties of all men” (Pozgar & Santucci, 2016, p. 16).

Importance of Legal Principles in Health Care

A number of legal and ethical issues are usually discussed in terms of health care. On the one hand, a law is a possibility to establish social rules and standards the violation of which could impose the creation of some kind of criminal liability and civil responsibility. On the other hand, a law has to be properly managed to understand and avoid risks and consider the needs and expectations of citizens. In other words, some new challenges and liabilities could appear during the period when it is necessary to create the solutions to the already existing challenges and concerns.

In the United States, there are two forms in which law could be created. There are federal and state laws. People could use the norms of the administrative system, the civil system, and the criminal system. For example, the criminal justice system is defined as an opportunity to decrease the existing health disparities and provide all people with a chance to ask for health care and get the required portion of treatment (Binswanger, Redmond, Steiner, & Hicks, 2011). Ordinary people are under a threat of facing medical maltreatment and the inabilities to protect their rights and prove the mistakes. Therefore, they have to rely on a list of legal and ethical principles according to which healthcare workers cannot avoid their responsibilities and responses.

At the same time, employees have to be protected by the rules and obligations imposed by their companies. It could happen that the leaders of companies reject the provision of healthcare services or insurance due to some personal beliefs and ideals. The example is the case Gilardi v. US Department of Health and Human Services in 2013.

The essence of that case was the impossibility to combine the religious preferences of the company’s leaders with the human rights. The Gilardi brothers, as the adherents of the Catholic Church, did neither believe in nor support the ideas of contraception, sterilization, and abortion. Therefore, they did not agree to provide their employees with health insurance that could cover such issues (Gilardi v. United States department of health and human services, 2013). In result, the government did not have compelling interests with the help of which the plaintiff’s position could be supported so that the imposition on the Gilardis was justified (Wheaton, 2013).

The chosen court decision and the presence of similar cases prove that people cannot find the required balance between healthcare and legal aspects. It is necessary to analyze each situation separately and clarify if there are enough reasons to support or reject the idea. Healthcare is the field where mistakes and misunderstandings occur very often, and people are in need of some clarifications and support.

The development of legal principles, law, and regulations is the chance to provide people with hope and clarity that their health and treatment are safe and directed to improve the quality of a human life. Justice in health care could be achieved in case the government starts paying its attention to the improvement of the legal system of the country.

Basic Law Concepts in the US Health Care

Laws in health care have been developed during the last several centuries. The result of such development is the creation of a strong health care system with different types of laws and impacts on citizens. The aim of laws is to govern the relations between various private individuals, public organizations, and the government.

Taking into consideration the nature of the relations between people, the law could be divided into public law (the cases that discuss the relations between people and the government) and private law (the cases that discuss the relationships between individuals) (Pozgar & Santucci, 2016). Public law helps to clarify the conditions when the steps taken by individuals or organizations do harm to patients or lead to injuries. Private law is a kind of opposition to public law because it includes the cases when human rights are discussed.

Americans underline that their healthcare system is far from being perfect. In addition to the fact that not all people could allow themselves getting appropriate, timely treatment, people cannot be confident in the quality of the offered services. The investigations developed by British researchers prove the disadvantages of the system and explain that a number of British people, who have to work in the United States, agree to pay for their flights and return home in order to get the required portion of medical help. British people admit that it remains to be cheaper to go home and get treatment in comparison to the prices established by the American government (McSherry, 2015).

There are no laws or regulations that could protect people against spending their money. If British people, who live in the United States for some reason, have a chance to go home and be treated, the Americans are at a loss because there are no legal and appropriate ways to take care of their health and use the free help of medical experts in time. The case Whole Woman’s Health v. Cole is the example of how people have to deal with the questions of poverty when the necessity to solve health issues arises. The decision of the court proved that Texas women had a constitutional right to safe and legal abortion care regardless their economic and social positions (Whole woman’s health v. Cole, 2013).

Regarding the possibilities of the law to stabilize human lives and provide the answers and explanations, it is wrong to avoid its effects. Human behavior is guided by law in medicine as well as in other daily life activities. Though a number of cases and situation are discussed and resolved without the help of lawyers and courts, the existence of the legal system is the stimulus for people to solve their questions in a short period of time and to avoid misunderstandings that have to be solved on public (Steiner, 2013). Legal principles help to reinforce the already developed settlements and statements and create the advantages for people, who want to address the legal system of the country.

Legislation in Health Care

Today, in the United States, there are several important acts, codes, rules, and regulations that define the possibilities of Americans and protect the rights of people. The most important laws and acts appeared in the middle of the 1990s century. Though the Equal Pay Act of 1963 had nothing in common with health care and medical services, it promoted the creation of equal working conditions for men and women and promoted the development of equality among employees (Steiner, 2013).

Such act helped to create a basis for people to rely on while developing other aspects of human services and care. In one year, the Civil Rights Act was introduced in order to prohibit the cases of discrimination of Americans in regards to their gender, race, color, origins, etc. People got a chance for equal services and opportunities and used their chances to ask for help and care.

1970 was the year when the Occupational Safety and Health Act was developed (Steiner, 2013). According to the act, all states had to consider legislation with the help of which the implementation of standards for various industries could identify safety norms. It was one of the first legislations where people understand the worth of their health and safety even if they have to work and take responsibilities.

In other words, employers had to take care of their worker and create the conditions under which no harm to health could be observed. The Rehabilitation Act of 1973 played an important role in the health care of the United States because it identified the conditions under which people with disabilities would have job opportunities and benefits to such organizations as mental health centers or nursing homes.

With time, the development of regulations and laws became a significant point for consideration because the government tried to create the conditions that made people (employers) responsible for and aware of the needs of other people (employees). There is the Pregnancy Discrimination Act (1978) under which all pregnant women with appropriate medical conditions could ask for medical care and support of their employers.

In other words, a pregnant woman has a right to a sick leave without being fired. Unfortunately, a number of women tried to use this act as the excuses for their mistakes in the workplace or the inabilities to complete some portion of work. For example, the court decisions of the cases Harris v. City of Santa Monica or Hamilton v. Southland Christian School showed that pregnancy should not be used as the main excuse and defined as the main reasons for the firing. Companies could have other complaints and explanations for such decisions. The Supreme Court supported defendants. The case of Hitchcock v. Angel Corps, where the decision was made in favor of the plaintiff, proved that some companies continued firing women because of their specific conditions.

One of the latest and most remarkable legal achievements in the United States was the introduction of the Patient Protection and Affordable Care Act in March 2010. Also known as Obamacare, the ACA aims at protecting patients’ rights and providing affordable health insurance for all Americans regardless their incomes, age, gender, color, etc.

Though a number of people admired the possibilities to get health insurance with no time limitations and low drug costs, there are a number of disadvantages that frustrate people. For example, a number of people still have to pay some kind of premiums in order to increase their chance to get insurance in a short period of time. Besides, there are certain penalties for people who do not have insurance. Finally, new taxes occur in order to create the conditions for the ACA. People stay confused with the conditions under which they could actually get their health care, treatment, and required medical help.

Protection of Patients’ and Employees’ Rights in the Healthcare Sphere

Taking into consideration the regulations and act the Americans have to rely on when they ask for medical help, it is hard to guess if the legal system improves or destroys the healthcare system of the United States. On the one hand, the ACA helps to establish the main legal protections for people and create the conditions that have been absent for a long period of time (Rosenbaum, 2011). People got a guarantee for affordable health care insurance coverage and the possibility to ask for medical services from birth to retirement. People could stop bothering of their insurances with the help of such act. The number of uninsured people could be reduced considerably. Finally, Medicaid enrollment could be increased by 15 million beneficiaries (Rosenbaum, 2011).

In addition to the possibility to protect people’s rights to health insurance, the ACA proves the importance of such issues as fairness and quality among the Americans. There are no other ways to explain that all people, who are defined as legal American citizens, should have the same opportunities and use the same health insurance coverage.

At the same time, this act helps to increase the quality and values in the healthcare system. Medical workers have to deal with a diverse patient population (Rosenbaum, 2011). Therefore, the healthcare system has to be constantly improved and developed. Finally, the ACA underlines the importance of investments and involvement of a number of people in the discussions of the questions of the public health. However, it is hard for people to understand a true nature of such investments so that they are confused because of the importance of new taxes and penalties.

The rights of employees are not clearly defined in the ACA. Still, medical workers could understand their responsibilities and obligations in regards to the expectations of the government and patients. Some medical workers believe that the idea of strikes as the possibility to solve their problems, increase salaries, or improve working conditions is the only decision they could make.

However, it is necessary to underline that the US federal law prohibits the idea of striking among the employees in the spheres of the government, railroad, airline, firefighting, and even police. Health care is one of few spheres where strikes and picketing are allowed in all states (Pozgar & Santucci, 2016). In health sphere, employees could use any possible means to protect their rights and underline the cases of injustice if any.

Importance of Court Decisions in Health Care

For a long period of time, many people believed that the decisions made by politicians and their own independent decisions could impact their lives. At the same time, they want to believe that there are a number of groups of people whose roles and suggestions remain to be crucial because of different reasons. Still, not much attention has been paid to the impact of court decisions made in the health care. One of the significant differences in the United States is the possibility of its people to challenge any kind of law in court. Therefore, the decisions made in courts may have a considerable impact on the constitutional concepts, personal attitudes to health care and the legal system of the country.

At the same time, court decisions become the examples for ordinary people and the explanations of why some steps should be prevented, and some steps have to be taken in the shortest possible period of time. The examples of court decisions introduced in this project help to realize that courts do not try to support one group of people and convict another group of people. The main task of courts is to clarify all conditions under which a concern occurs and offer the most appropriate solution regarding the existing laws, acts, and regulations.

Conclusion

In general, the connection between the health care and the legal system of the United States cannot be neglected. People want to believe that they could demand medical services, support, and treatment and rely on the law and acts developed by their country. The health care of the United States is one of the most impressive in the whole world. At the same time, a number of challenges and concern occur when people start using the law to protect and explain their healthcare needs. Courts decisions vary considerably, and people cannot predict the outcomes of their complaints. Each state has its rules and regulations. However, regarding the differences between states and various attitudes to health care, a law remains to be the general rule of human behavior that is enforced by the government.

There are public laws and private laws, administrative, statutory, and common laws, etc. Each law is the possibility to create a standard that meets the requirements of patients, medical employees, and employers. The health care system should not include the questions of appropriate treatment only. The analysis of legal aspects of healthcare management shows that people could address the courts to solve their personal problems that are connected with health and professional issues that have a connection to health problems. Though the health care of the United States is not perfect, numerous attempts and improvements have been already observed, and the decreased number of cases in 2016 is the best evidence to offer.

References

Binswanger, I.A., Redmond, N., Steiner, J.F., & Hicks, L.S. (2011). Health disparities and the criminal justice system: An agenda for further research and action. Journal of Urban Health: Bulletin of the New York Academy of Medicine, 89(1), 98-107.

Gilardi v. United States department of health and human services, No. 13-5069. (2013).

Hammaker, D.K. (2011). Health care management and the law: Principles and applications. Clifton Park, NY: Delmar.

McSherry, M. (2015, January 12). Too many choices, high costs and bureaucracy: British expats grade American healthcare system’a pain in the arse’. The Guardian. 

Pozgar, G.D., & Santucci, N. (2016). Legal aspects of health care administration. Burlington, MA: Hones & Bartlett Learning.

Rosenbaum, S. (2011). The patient protection and affordable care act: Implications for public health policy and practice. Public Health Reports, 126(1), 130-135.

Steiner, J.E. (2013). Problems in health care law. Burlington, MA: Hones & Bartlett Learning.

Wheaton, S. (2013, November 1). Court rules contraception mandate infringes on religious freedom. The New York Times.

Whole woman’s health v. Cole, No. 15-274. (2013).

Property ownership at law and in equity

Section 34(6) of the Law of Property Act 1925 treats co-owners as one legal entity: they are joint tenants in law (McKenzie & Phillips, 2012: 282). The Trustee Act 1925 limits the number of joint tenants of a legal estate to four persons. In this case, the first four owners that are: Satish, Bill, John, Richard are regarded as joint tenants under the statutory law: they are one legal entity and have a legal right and responsibility as a single entity.

The fact that there are five owners of the property means that the first four games in the register hold the property for themselves, and are the legal co-owners in trust. Therefore, Mike is not a legal co-owner. However, since under the equitable law there is no limit to tenancy, Satish, Bill, John, Richard and Mike have equitable rights and responsibilities. Equity categorizes co-ownership in terms of unities of interest (Bray, 2010: 289).

They hold the estate equitably as tenants in common based on the existing presumption in favour of a tenancy common in equity. The presumption here is that there is no proof of agreement among the Satish, Bill, John, Richard and Mike that they will have joint tenancy (Megarry, Wade & Harpum, 2012: 511).

Though the Law of Property Act 1925 and the Trust of Land and Appointment of Trustees Act 1996 do not cover the resulting trust, the case of Bull v. Bull [1955] provided for it. The decision in the case of Stack v Dowden [2007] applies to all the cases of equitable and legal co-ownership. If the estate is a joint tenancy in accordance with the Law of Property Act 1925, the estate will also be a joint tenancy in equity (Bray, 2010: 289).

A joint tenancy satisfies the unities of time, possession, interest, and title. According to the tenancy of Satish, Bill, John and Richard, the parties share unity in interests: they decide to purchase lanes for use as their local office. Moreover, there is the unity of title because their concern in the land is underneath a similar document. They share a unity of time since all want to convey the tenancy at the same particular time. The co-owners are entitled to posses the whole land legally under the unity of possession. However, to completely count as joint tenants, there should be no presumption in favour of a tenancy in common. There is a presumption that there is no proof of a written agreement to own the land jointly; therefore, disqualifying this as a joint tenancy.

According to the manner in which the property is owned, the rights of survivorship are also determined. Legally, Satish, Bill, John, Richard have a joint tenancy. This means they have a will dictating the successors in case of death is null. When one dies, the rest automatically assume full responsibility and ownership of his or her share. Therefore, any successors in such a situation become rebutted. While in terms of tenancy of commons, in case of death, the share goes to the person who is indicated in the will like the next of kin.

Effect of John’s death on the ownership

Section 36(2) of the Law of Property Act (as amended by the Trust of Land and Appointment of Trustees Act 1996) provides that a person serving the joint tenancy can give notice in writing or do some other thing or things that have the potential of effectively severing the tenancy in equity. This means that if John had died under a joint tenancy, legally, the son would not be able to inherit his share since the rest of the joint members automatically assume ownership of his share.

Under co-tenancy in equity, each tenant holds an undivided percentage of interest in the property. When a co-owner passes on, it means his/her interest form the property should be under the next of kin according to his/her will. Thus, since the partners equitably co-own the property as tenants in common, it means that the successor takes up his share. In such a case, the son is able to inherit whatever his father leaves behind.

Richard’s rights and obligations

Where two or more people have a unity of possession in the property, they assume equitable rights and legal responsibilities. With regard to co-ownership, the law imposes a trust (McKenzie & Phillips, 2012: 287). This means that in the case that Satish, Bill, John, and Richard have a joint tenancy, it would be impossible. Where one co-owner wants to sell property against the wishes of the other parties, he/she needs to get a court order under Section 14 of the Trust of Land and Appointment of Trustees Act 1996.

Richard can sell the equitable share and release capital if he can find someone to buy it. However, he cannot sell his legal share because he does not have an identifiable share in the legal estate (Perrins, 2000: 157). He is a joint tenant and cannot act on his own because he is a part of one legal entity with the other tenants. The sale of the title will give vacant possession to the purchaser.

However, under the equitable law, Richard co-owns his piece of property as a tenant in common. Therefore, he has the right to terminate the tenancy by selling his piece and leaving the partnership. On the basis of having no proof of an agreement written down, Richard has the right to sell his share of the property.

References

Bray, J 2010, Unlocking Land Law. 3^rd ed., Routledge, New York.

Bull v. Bull [1955] 1QB 234 CA (Eng).

Law of Property Act 1925, Ch20. London: HMSO.

McKenzie, J. & Phillips, M 2012, Textbook on Land Law, Oxford University, Press Oxford.

Megarry, R, Wade, W, and Harpum, C. (2012). The Law of Real Property. Sweet & Maxwell, London.

Perrins, B. (2000). Understanding Land Law. LEXISNEXIS, San Francisco.

Stack v Dowden [2007] UKHL 17.

Trustee Act 1925 c. 19 (Regnal. 15_and_16_Geo_5), London: HMSO.

Trust of Land and Appointment of Trustees Act 1996, Ch 47, London: HMSO.

Under the Charter of Rights and Freedoms, the Supreme Court of Canada has made a number of important decisions pertaining to union rights. What impact do these decisions have on management and unions?

Following the decisions made by the Supreme Court of Canada, it is highly likely that both the management and the unions will be affected in one way or another. For instance, the employees will demand an assurance that allows them to engage in various activities within the organization without experiencing any form of interference from the management. Considering the fact that such decisions can also increase the employees’ bargaining power, they should be ready to undergo some challenges. This is because their right to make a collective bargain or engage in an industrial strike is subject to the rules and regulations set by the legislators. Since the Charter on Rights and Freedoms does not accord the employees the right to picket, the management of the organization might limit the level of pickets together with other employee’s activities whereby the employees exercise their rights and freedom.

The decisions made by the Supreme Court of Canada might also force the management and the unions to make changes to retirement procedures. This implies that the management may decide to scrap off the retirement benefits or may increase the number of retirement age so that employees can remain in the organization for a long duration.

Reverse discrimination has, so far, not been a salient issue in Canada, especially since human rights legislation allows employers to use employment equity programs “to correct past wrongs”- that is, hire more protected groups, such as women, members of a visible minority and Aboriginal people, ideally to more accurately reflect the distribution of protected groups in the community in the makeup of the organization’s staff. Despite the legality of employment equity programs, the question has been raised as to whether it is ethical to choose a less qualified candidate over a better qualified one. Shouldn’t the “best” candidate get the job? Please comment.

Reverse Discrimination usually arises when the management of a given organization finds it appropriate to promote or recruit people who come from a disadvantaged group. This means that an employer may opt to recruit a less qualified person to fill a position within an organization. Although there may be highly qualified people available to fill the position, the employer may ignore such qualifications and consequently offer such opportunities to disadvantaged people. Despite the fact that several employment acts insist on equity during the recruiting process, I suppose it is prudent for the management of an organization to put other factors into consideration. Such factors should relate to the goals, targets, and objectives of the organization. It is only by recruiting the most suitable set of employees that an organization can manage to achieve its set goals and objectives. However, the management should be able to maintain the required level of standards when undertaking such processes. This means that management should exercise acts of fairness and eliminate any form of bias during the recruitment process. By doing so, the management finds it easy to address the issue of equality when hiring. It also accelerates the process of achieving the goals and objectives of the organization.

Suppose your employer asks you, the human resource manager, to justify the relatively large recruiting budget that you have been historically assigned what arguments would you provide? What indices or measures will you provide to show that your recruitment is cost-effective?

As the human resource manager of the organization, the relatively large recruiting budget can be justified by the following reasons. To start with, the manager should understand that there is a need to recruit the most competent and able staff. In order to identify the right people to fill vacant positions, the selection process should be carried out in an effective way. This would require the assistance of recruiting experts who are specially trained to undertake the process. A large budget is therefore required to access the experts who will help identify people who have the required knowledge and skills. An inadequate recruiting budget is likely to limit the selection process and consequently, it might lead to the hiring of employees who are not well qualified. Examples of measures or indices that can be used to show the cost-effectiveness of the recruitment process include applicant ratios, cost per hire, cost offers, and hire quality.

Summarize the historical and legal framework which provides the foundations for the American system of labor/management relations

The American labor movement has a long history. The US population has had to unite on several occasions to achieve many gains that the current labor force enjoys across the country. The labor movements that have been witnessed throughout the history of the US have served to determine the current nature of labor relations in the country (Hooley, Jennings & Wolters, 2009). Initially, during the early times of the American republic, the efforts that tradesmen put to bring about better working conditions by declining to work and/or attempting to stop others from working under the same conditions were considered a criminal offense (National Right to Work, n.d).

Most laborers who advocated better terms were put on trial. The trend continued until the dawn of the 1840s when the highest court in Philadelphia rejected the criminal scheme belief that was used to charge persons who were advancing employee interests. This move was a significant change to the legal framework in dealing with workers’ issues.

In the 18^th century, various labor movements pushed for the implementation of different items relating to labor. In the end, such movements had the effect of improving the workplace for millions of the American workforce. For instance, New York Workingmen’s Party that lasted for merely a year pushed for the reduction of daily working hours to about 10 hours. Another group, namely the order of the labor’s knights, worked towards increasing the negotiator powers of workers by enabling them to have a stronger say through the unionization of all workers in the country (National Right to Work, n.d). The group immensely contributed to the 1885 formation of the Alien Contract Labor law that allowed laborers who had a contract to work in the country. Some groups greatly resisted wage cuts, a trend that had caught up towards the end of the 18^th century.

Further strings of legislation that brought about alterations to the law went on to determine the current legal framework in terms of guiding the activities of labor relations in the country. The National Industrial Recovery Act that was passed in 1933 was meant to promote joint negotiations for all mergers, come up with minimum wage standards, institute the highest possible operational time and in some cases prices, and eliminate child labor within the industry. The Wagner ruling that followed later in the mid-1930s replaced the NRA declaration, which was proved undemocratic by the highest judicial chambers.

Analyze the actions of unions and management to determine basic compliance with the major U.S. federal labor laws

In their efforts to establish basic compliance with the major federal labor laws in the US, unions, and management departments have taken a number of measures. One of them is finding out the relevant federal employment laws that specifically apply to their business or fields of employment. Published research shows that they are making good use of the online portal that is provided by the department of labor to determine laws that apply to them and ways in which they can comply (Schaubach, 2014). One is able to differentiate between state and federal laws due to the availability of clear distinctions and elaborations that have been availed to avoid confusion that may lead to non-compliance.

Management and unions are also using the employment guide to determine what constitutes basic compliance with the American Federal labor laws (Schaubach, 2014). The guide that is available at the department of labor offers a description of the main employment laws that influence their operations. The guide has proved useful for individuals who seek information regarding profits, salary, tolerance, security, and wellbeing strategies. Unions tend to explore some of the provisions in the labor laws that can help in protecting their employees during and after strikes to avoid unwarranted discrimination from their employers.

They try to ensure that they conduct all their activities within the requirements that are stipulated by these provisions. This plan helps them and their members to be on the safe side in case the employer goes to the law courts to challenge their actions in relation to certain events. Both unions and management are increasingly opting to hire lawyers on a long-term basis to monitor their activities to ensure that they are all done within the United States’ federal laws. They also offer expert advice on the kind of actions that the firm or union should engage in and/or advice against undertakings that may turn out to be detrimental.

Employers are keen on comprehending the dismissal protections provided for by the federal labor laws. Dismissing employees without observing the procedures in many instances turns out to be costly to the employer. As such, it is paramount for the employer to remain updated at all times on laws that touch the issue of dismissal. Unions are keen on possessing knowledge of the same subject to ensure that their actions are mindful of the effects of their actions on the employees. They tend to ensure that their interests are protected in case of unexpected outcomes (Schaubach, 2014).

Determine the roles and responsibilities of key participants in a right-to-work state when compared to a non-right-to-work state

Twenty-four states enjoy the right-to-work law that protects employees who work in those states. It is not a requirement for them to join a payor any amounts to a union except in some designated cases. Employees in such states can tender their resignation to a union any time without having to worry about any disciplinary action after resigning (Schaubach, 2014). However, in choosing to resign one from a union, participants have a responsibility of giving a notification to such an effect to both the employer and the union in writing that one intends to resign.

They have to revoke his or her authorization for the automatic due check-offs. With the right-to-work law, employers and union representatives are required not to compel their employees to adhere to the requirements of unions if they are not members. They have a duty to act in a way that is not intended to cause unnecessary harm to the employees.

On the other, in non-right-to-work states, it is a requirement for employees to have membership in workers’ unions (Schaubach, 2014). This situation strips them of the freedom to opt in and/or out union membership any time they wish. Union heads have the responsibility of ensuring that all workers have access to the relevant information regarding the union’s activities so that they can understand how membership to such unions can affect them at work. Employers also have a responsibility of providing for an environment that enables workers’ unions to conduct their affairs effectively. The reason why employers need to provide such an environment is to avert any serious actions on the part of employees who may have a negative impact on the workers, employers, and the economy.

Statistical findings indicate that states that have a non-right-to-work policy tend to experience lower growth compared to those that have the right-to-work policy. To ensure that stakeholders who operate in non-right-to-work states are not adversely affected by the activities of workers’ unions, it is paramount for them to take proper steps on their part. They need to put proper measures in place to ensure that such unions remain important to the economy to achieve great economic heights (Schaubach, 2014). With the level of competition that states that have the right-to-work law offer to those that have the non-right-to-work policy, it is important for all necessary measures to be taken to cover up any gaps that result from the difference in policy.

Explain the process for organizing and decertifying unions

Employees seeking representation by unions are best placed when it comes to the institution of mergers. The first step involves a pioneer worker talking to his or her fellow co-workers to find out whether they also share similar or common concerns in relation to the job that they do. They also take note of their employer’s view of the issues of concern to establish whether the employer is willing or unwilling to rectify or discuss the concerns. Where the employer is unwilling to discuss the identified issues, one should gauge the interest of co-workers in the exploration of the organization as a way of addressing the problems.

The second major step in organizing a union is the formation of the internal organizing committee. Membership of this committee should comprise workers who seek union representation. Additionally, workers should be educated on how the organization is done. They need to know what they can expect during a campaign for the union. A unit to do the bargaining is also identified. Workers are then requested to append their signatures to the authorization cards to serve as an indication that they support the formation of the union. These cards are utterly confidential so that the employer does not get to know those who participated in the signing.

If a sizeable majority of the workers sign the authorization cards, the next step is to file a petition with NLRB (National Labor Relations Board) requesting it to carry out a secret ballot election that will establish whether the majority of the employees are in favor of representation by the union while negotiating a contract. An alternative will be the employer’s voluntary recognition of the union. An election petition may then take place followed by bargaining. The internal organizing committee conducts the bargaining function to reach an agreement that is ratified through a secret vote. Following the ratification of the contract, all employees who the agreement covers are offered an opportunity to take up membership in the union to enjoy the rights and responsibilities enjoyed by other members.

On the other hand, decertification involves several steps. Firstly, one needs to establish a proper filing period. Following the expiry of a three-year period, workers can make, if they so wish, a decertification appeal. Secondly, they can then outline the decertification appeal after getting the required number of names from party workers. The NLRB will then carry out an opinion poll where a minimum of thirty percent of workers who form the negotiation body append their names to appeal for a decertification. As a result, employees will have the ability to deal directly with their employer on issues that may be affecting them.

Reference List

Hooley, W., Jennings, K., & Wolters, R. (2009). Labor Relations Process. New York, NY: Cengage Learning.

National Right to Work. (2013). Employees in Right to Work States. Web.

Schaubach, J. (2014). Right to Work Laws: Get the Facts. Web.