Contrast and Compare the Union Membership of Employment Relations in the UK and the USA - Free Essay Example

Sample details Pages: 9 Words: 2673 Downloads: 2 Date added: 2019/02/13 Category Career Essay Type Compare and contrast essay Level High school Tags: Employment Essay Did you like this example? Introduction According to Rose (2004), the study of the regulation of the utilization relationship between employer and worker, each collectively and separately, and therefore the determination of substantive and procedural problems at industrial, organisation and working place levels. Concerns about how work and employment relationships are regulated, experienced and contested (Williams 2013) can help people find out the inter relations and enlarge utilisations. Although the study of employment relations focuses on work regulation, the broader economic and social influence on the relative power of capital and labour and the interactions between employers, workers, their collective organizations and the state must also be taken into account (Bamber and Lansbury, 2011). Don’t waste time! Our writers will create an original "Contrast and Compare the Union Membership of Employment Relations in the UK and the USA" essay for you Create order No matter in which country, North and South, workers, employers and governments have both same and different interests, short term and long term. The different interests must be accommodated and reconciled. International comparisons will definitely bring out and explain where those differences and similarities of national industrial relations systems come from (Eaton 2000). According to Frege and Kelly (2013), the Comparative Employment Relationship (CER) study must be based on the global economy and its impact on regional, national and sub national employment relationship regulation. This report will compare comparative employment relations in the aspect of union membership in USA and UK . It will illustrate the historical and political background of the USA and the UK respectively, the employment relations will be analyzed with the history and policies together. Then, a chart comparison of union membership between the USA and the UK will be illustrated. Some opinions and a conclusion will be given at the end of this report. The USA Since the late-nineteenth century, giant industrial enterprises were established with bureaucratized labour management systems and a high-wage system, which is also known as ‘Fordism’ (Frege and Kelly, 2013). Fordism is assembly line mass-production manufacturing for mass consumption, following Taylorist principles (like division of labour, planning, surveillance, and performance related pay). However, it was not the workers getting rich, it was their bosses. Those bosses had made large profits, by paying worker very low wages per hour. In the case of that, industrial workers had created unions to fight for their benefits, which is called labour movement. First, they accomplished the work-free weekends. They fought for reducing their working hours to make time for family relaxation. The most famous one was the Haymarket Riots, happened in Chicago on May 1st , 1886(YouTube, 2019). Child labor was also protected by labour movement. In 1886, unions forbade that kids under 14 were not allowed to be employed. Most of those protests had got results. Right following the Pre-New Deal Industrial Relations Period (1886-1933), the National Industrial Recovery Act of 1933 marked the beginning of the New Deal Period (1933-1945). The National Mechanical Recuperation Act of 1933 (NIRA) was a US labour law and consumer law passed by the US Congress to authorize the President to direct industry for reasonable compensation and costs that would fortify financial recuperation. It protected collective bargaining and union organizing rights in the private sector. National Labour Relations Act of 1935 , which is also known as the Wagner Act, had set rules for union organizing, remains in part applicable to modern US employment relations. It set up a lawful right to creat independent unions to deal collectively with their bosses. Closed, union, agency and open shop four agreement types were raised. In 1938, the Fair Labor Standards Act has been enacted. This law established ‘minimum wage,minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments’ (Dol.gov, 2019). In 1930s and 1940s, workers were also able to negotiate health benefits plan from their employers. Compared with the earlier period, the rate of unemployment had decreased and per capita income had grown dramatically faster during the New Deal era. Till nowadays, the union memberships are still undeniable. American live, work, even relax are all changed by the labour movement. During World War II, National Labour Relations Act of 1935 did not contributed a lot. Instead, it was the War Labour Board that forced employers to recognize unions to ensure the labour rest time. Business Unionism Period (1945-1980) came after World War II. By 1947, employees in numerous northern businesses, involving rubber, steel and metal creation, trucking, mining, autos, and clothing, had shaped solid unions, but somewhere else, in retail exchange, office work, household benefit, and within the South as a entire, unions remained minimal. Business Unionism has established. Labor associations working as ‘businesses’ in which the unions give labourers with an cluster of administrations, involving the transaction of collective haggling understandings, and contract organization in trade for member’s union levy (Devinatz, 2013). According to Freeman and Medoff (1984), Unions and the New Deal state changed USA, raising efficiency and guaranteeing labourers of a rea sonable share of efficiency picks up. Within enterprise, unions raised efficiency. However, Race, gender and region were all limited The New Deal Industrial Relations System seriously. According to Frege and Kelly (2013), The Wagner Act, the Reasonable Labor Guidelines Act and the retirement and unemployment protections arrangements of the Social Security Act unequivocally avoided rural employees, household workers, and the representatives of the little foundations that utilized numerous Southerners, ladies, and African-Americans. Moreover, unions remained some problem in the south of the USA. Though the national legislation had already been extended to employees in South, its impact were still limited by racist and reactionary state officials. According to Friedman et al. (2000), New Deal Legislation actually had coverred many labourers in the region’s booming textile industry, but attempts to unionize foundered on the opposition of local and state officials. Unemployment insurance and Aid to Families having dependent kids in the south were supposed to bene fit southern employees, however, local governments, who were in charge of those programme mentioned above, had limited access to workers’ benefits. Then, Globalisation and Business Unionism Decline Period (1980-1995) had arrived. During this period, threats on both political and economical aspects were considered. For economical aspects, it was already more than 30 years after the World War II, the economy of a large amount of countries had already been recovered and raised up. Globalization is an inexorable historical trend, which has brought unavoidable problems, for instance, outsourcing/competition with cheap labour abroad, union busting consultants. In terms of political threats, Reagan, who is known as the Neoliberal President was elected. Meanwhile, union busting model has been established by Air Traffic Controllers Strike. What was worse, North American Free Trade Agreement exacerbated globalization threat to unions. After Business Unionism Decline Period, Sweeney Social Movement Unionism Period (1995 – 2009), which is named after a labor leader and served as president of the AFL-CIO from 1995 to 2009, has arrived. Under Sweeneys tenure, Service Employees International Union (SEIU) created speedy gains in membership. The union began the last decade with concerning 625,000 members. however Sweeney began pushing for speedy enlargement into new sectors and base areas. SEIU joined with the National Association of Working Women to prepare workplace staff, and therefore the United Food and Commercial Workers (UFCW) to prepare home staff. The union additionally dramatically swollen its reach among maintenance staff within the health care field and business offices. Sweeney additionally pushed for mergers with variety of different unions, engrossing the National Association of Government Employees (NAGE) and different public worker unions. By 1993, SEIU had over a meg members. it had been the prim ary federation union to succeed in the million-member mark in additional than twenty years. It additionally advocated for legally-mandated paid family leave, health care reform and a raise within the earnings. Internally, Sweeney devoted nearly a 3rd of the unions budget to organizing new members and pushed for stronger diversity within the unions ranks. From 2009 to present, it is called Post Great Recession Period. Two presidents have to be mentioned here. President Obama has proposed Lilly Ledbetter Fair Pay Act of 2009, which helps file a pay discrimination claim at each new paycheck time by restarting the six months statute. Of limitations. Also, in April 2014, he has signed for Non-Retaliation for Disclosure of Compensation Information in Executive Order 13665. Taking the place of Obama’s position, President Trump fights alongside labour movement to achieve NAFTA re-negotiation. However, on the other hand, he also aims to reverse nearly every victory the Obama administration laid down that helps working people, especially vital members who had significant contribution to growing economy. The UK According to Fredge and Kelly (2013), some of the most crucial characterizes can be traced back to nineteenth century, British employees were seeking for ways to improving their terms and conditions of employment. By organizing collectively, weakness of isolated individuals had been overcome, so they tried to establish some unions and negotiate with their bosses. At the late of nineteenth century, those workers had reached some very limited legal freedoms, but meanwhile, their employers had also generated the significant mistrust of the legal system and the judiciary. Since there was not effective enough political voice to help workers protect their organisations and conditions by legislation, the labour party was not established until the beginning of twentieth century, which was tend to protect their rights by bargaining and strike, free from legal regulation. Any of government regulate issues programme related to low wages, firing employees were all strongly against unions. This s ituation lasted until the end of twentieth century. During the World War II period, the ‘voluntarist’ system of employment relations was promoted by abundant employment. This kind of employment relations were also considered to improved labours’ power of bargain. Which is worth to mention that, most employers stood on the side of ‘voluntarist’ system as well, since they were very satisfied avoiding legal regulation, where unions had widely rights. Employers also preferred solving problems by bargaining just like unions. This system did not start to dissolve until 1960s. Compared to the USA, the economic performance and productive growth of British were relatively low. From 1968 to the late of 1970s, there were attempts to organise some large-scale negotiated reforms of collective bargaining. However, they were failed because of strong resistance from those powerful unions. Government policy within the Nineteen Seventies was powerfully influenced by the economist read that the key role of the state was to make sure economic condition through policies of demand management. one in every of the implications of economic condition was a strong trades union movement whose impact on wages, productivity and employment dominated governmental policy at that point. Governments appointed 2 committees of inquiry into industrial relations – in 1965 (the Donovan Commission) and 1975 (the Bullock Committee) – and additionally tried to restrain wage growth through state-imposed incomes policies limiting the allowable annual increase in wage rates. The Conservative government, elective in 1979, was the primary post-war administration expressly to abandon the goal of financial condition and to reject the standard knowledge that government ought to get to work with union power instead of curb it. below the leadership of Prime Minister Iron Lady, it pursued a neo-liberal policy of deregu- lating markets, reducing taxation and cutting public outlay within the belief these measures would stimulate growth and cut back state. One mechanism of public outlay reduction was the wholesale privatization of state industrial firms. The Labour governments of 1997–2010 preserved most of the Conservative employment relations laws, however, it departed in three ways: first, a statutory national pay was introduced in 1998. Second, the use Relations Act (1999) introduced a legal procedure whereby trade unions might secure recognition from AN leader for talks. Third, the Labour governments reversed the Conservative 1992 opt-out from European policy and started to implement European Directives within the field of employment relations. These measures introduced a 48-hour limit on weekly operating hours, prescribed a minimum of twenty days paid annual leave, harmonious several of the use rights of part-time and full-time staff and set a four-year limit on the period of serial fixed-term contracts. The Union Membership Chart Comparison The dimension of two figures are different, so they can only be able to compared just by their tends. The union membership in the USA is established earlier than it in the UK. From figure 1, it is found dramatically instability before 1933. It could be discovered that the beginning of Pre New Deal Period (1986) and New Deal Period had stimulated the increase of membership. The peak of the membership is at the end of World War II. It dropped mainly because of economical reason, the globalization. Trade union membership has declined in both the USA and the UK since the early 1980s but the scale of decline has been more severe in the UK. Unlike the USA having a very unstable data, since 1945 the union membership in the UK can be broken down into four phases from figure 2. From 1945 to late 1960s, trade union membership has risen slowly and steadily from 8 million to 10.2 million. From 1968, the membership increased quickly, peaking at 13.3 million in 1979. Since 1979, the next two decades, the amount of membership has dramatically declined till 1997. Though both of the USA and the UK has dropped during this period of time, the reason are totally different. The membership in the UK has dropped because of the policy published by the conservative party. Then from 1997, it has continued decline but not as fast as the previous decades. Conclusion Emerging from war, in the 1940s, the United States got rid of exceptionalist visions, instead, it led the capitalist world to a brand new variety of capitalism, one of high wages and productivity sustained by long-term relationships and negotiation between organized labour and organized capital. What Obama did for public schools, state-support for health care, and to protect unemployment insurance and social security in this era, can be considered equivalent to New Deal era programmes, which was for unions and allowance for employment-based health insurance and private pensions. British employment relations have developed over the past 30 years or so. the British government continues to play variety of distinct roles working relations: it is always the most important employer in Britain, with about six million staff in 2011 (around twenty percent of total employment). The failure of collective bargaining between 1968 to 1970s had prepared the way for Margret Thatcher, who came from the more radical Conservative Governments. From 1979 to 1997, Conservative Governments tried to find a path to totally change the balance of power supporting employers and against to unions. They had abandoned the national support to full employment, approved statute to limit strike, and directed a extreme decrease in union membership and affects (Howell, 2009). Compared with 1979, the number of union memberships in 2011 has only be half. Nowadays, the UK is still in the midst of a economic recession (Newstatesman.com, 2019), the warning sign is the extremely low GDP increasing and severe weak services sectors. If the union membeship change or the strike policy easing would stimulate economy remains to be seen. References Bamber, G. and Lansbury, R. (2011). International and comparative employment relations. Los Angeles: Sage. Devinatz, V. (2013). The Significance of the Living Wage for US Workers in the Early Twenty-First Century. Employee Responsibilities and Rights Journal, 25(2), pp.125-134. Dol.gov. (2019). U.S. Department of Labor Wage and Hour Division U.S. Department of Labor-Handy Reference Guide to the Fair Labor Standards Act. [online] Available at: https://www.dol.gov/whd/regs/compliance/hrg.htm [Accessed 7 Jan. 2019]. Freeman, R. and Medoff, J. (1984). What unions do. Cambridge, MA: Harvard Institute of Economic Research. Frege, C. and Kelly, J. (2013). Comparative Employment Relations in the Global Economy. London and New York: Routledge. Friedman, J., Hastie, T. and Tibshirani, R. (2000). Additive logistic regression: a statistical view of boosting (With discussion and a rejoinder by the authors). The Annals of Statistics, 28(2), pp.337-407. Howell, C. (2009). Trade Unions and t he State. Princeton: Princeton University Press. Hyman, R. (2001). Trade Union Research and Cross-National Comparison. European Journal of Industrial Relations, 7(2), pp.203-232. Newstatesman.com. (2019). The UK is unprepared for another economic recession. [online] Available at: https://www.newstatesman.com/politics/economy/2019/01/uk-unprepared-another-economic-recession [Accessed 7 Jan. 2019]. Rose, E. (2004). Employment relations. Harlow: Financial Times Prentice Hall. Williams, S. (2013). Introducing employment relations. YouTube. (2019). The Labor Movement in the United States | History. [online] Available at: https://www.youtube.com/watch?v=ewu-v36szlE [Accessed 7 Jan. 2019].

Imagery in Faulkner’s Story “a Rose for Emily” - 997 Words

In order to understand William Faulkner’s â€Å"A Rose for Emily† you need to know a little bit about the author. Most of his novels take place in the state of Mississippi with colorful history and richly varied population. The frequent theme in his novels is the abuse of black people by Southern whites. â€Å"A Rose for Emily† takes place in the late 1800s in Mississippi after the civil war. The main character is Emily, who comes from wealthy background, but at the time of the story her family has lost its fortune. Faulkner uses a great deal of visual imagery that can illuminate Emily’s life. The author suggests that her father is a dominant character who does not allow his daughter to behave a certain way that would compromise their good name, and†¦show more content†¦The door is broken and we find that there are a man’s clothes on the chair and that â€Å"the man himself lay in the bed.† (6) One can easily infer that the body is t hat of Homer Barron, and that he has been dead for many years. On the pillow next to him the townspeople find the â€Å"indentation of a head† (6), upon which is a long strand of gray hair. Faulkner suggests that Emily has been so lonely and insecure without a dominant figure, so she decides to keep Homer Barron for herself forever. The scene suggests a first night after a wedding, because Homer Barron’s new suit is found on the chair beside the bed. Emily is trying to keep this night everlasting, so she kills Homer probably because she was afraid that otherwise he would leave her. 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Contemporary Managment †Vodafone Free Essays

Linking the HRS objectives with the business strategy demonstrates the fast paced nature of the industry and the relationship between human capital and strategy. Issues in Commission and Bonuses ( Rewards Benefits) Paul Cheroots HRS Director of Avoidance commented that Avoidance ‘saw flexible working hours, part time and home working as an imperative aspect of Job requirements for staff. He acknowledged that they would also still be looking for commitment and productivity likewise. We will write a custom essay sample on Contemporary Managment – Vodafone or any similar topic only for you Order Now Policies that were promoting flexible working and reasonable work life balances ‘used to be nice to have, now they are a must. Its become a core demand from candidates. Carination (2005) According to CHIP such working patterns are still in high demand today. Training is performed a TA residential Recommendations for the HARM issues that Avoidance face: Using something other than redundancy to save money – clear impact on motivation and morale. Suggest other ways. Accommodating for changes in External Environment with in the workforce such as the need for flexible working. Get stats from IONS Avoidance have 8 Losing the staff to better paid industries such as banking and estate agency. Good sales people or often required in Re ; Specialist agencies for each sector of business Recruiting in a Recession http://www. Personality. Com/articles/2009/01116/4901 Wrecking-in-a- recession. HTML Module phone retailer boatmen NAS 1 K employees Dates at Its nonstarters in Newbury, Berkshire, a number of regional contact centers, and about 350 retail stores. It recruits about 3,000 staff into new positions each year – 2,000 from external candidates, and 1,000 internally. The disciplines covered include customer services, retail, technology, marketing, finance and HRS. The economic climate means that looking for value for money is more crucial than ever in all areas of business, but resounding operations manager Anna Tompkins says that establishing best-value, cutting-edge quality recruitment processes has always been essential in this competitive market. â€Å"We are always looking at ways to be more effective in how we recruit,† she says. â€Å"We have to be focused and deliver what is needed to support the business strategy. This may mean delivering things in a different way to before. Avoidance partners with three firms for recruitment process outsourcing, each of which manages a different aspect of its recruitment process. Alexander Mann Solutions manages specialist and head office roles Adduce handles retail adviser roles and Reed manages recruiting customer service advisers. All have been working with Avoidance for the past four years. This has improved the effectiveness of Avoidance’s recruitment systems, says Tompkins, and the company has an ongoing improvement programmer designed to encourage partners to deliver the best possible experience for the candidate during the process. Working with resounding partners helps us take stock of what opportunities there are to do things more efficiently,† she says. â€Å"For instance, each partner provides regular activity information and suggests improvements to the process and experience. â€Å"Last year, we found we were running a number of assessment centers for roles where we felt this was not the most appropriate approach. By developing and implementing interview skills training for line managers, we were able to give them more confidence to participate in the right type of assessment at the right time. It also helped streamline our approach and improve the candidate experience. † The company is also using input from external recruitment specialists to help improve the experience of candidates applying for Jobs, and to hone the recruitment skills of line managers. â€Å"We are careful not to expect line managers to accommodate too many changes at once and we plan our calendar of improvements around what the business is doing overall,† says Tompkins. She believes that while the perspective of external specialists is useful, any findings should be fed back to staff if they are to have an impact. For example, nine managers were involved at every stage in a recent initiative to improve their interview skills, and their views and expectations were built into the process. At Avoidance we are committed to helping you perform at your best and realism your full potential. Join us and you’ll benefit from regular development reviews to understand your goals, strengths and development areas. You will work with your manager to create your own Personal Development Plan. You will have access to a range of learning experiences including on-the Job experience, Job rotation, coaching, mentoring as well as online and face to face learning programmed. How to cite Contemporary Managment – Vodafone, Papers

The Mayans Essays - Maya Classic Period, Mesoamerica,

The Mayans Maya were an American Indian People who developed a magnificent civilization in Central America and south Mexico. The Maya civilization reached its period of development about A.D.250 and continued to flourish for over 600 years. The Maya produced remarkable architecture, painting, pottery, and sculpture. They made great advancements in astronomy and mathematics and developed and accurate yearly calender. They were one of the first peoples in the Western Hemisphere to develop and advanced form of writing. The Maya lived in an area of about 120,000 square miles (311,000 square kilometers). Today, the territory of the Maya is divided among Mexico and several Central American countries. It consists of the Mexican states of Campeche, Yucatan, and Quintana Roo and part of the states of Tabasco and Chiapas. It also includes Belize, most of Quatemala, and parts of El Salvador and of Honduras. The heart of the Maya civilization was in the tropical rain forest of the lowlands of northern Quatemala. Many of the major Maya Cities, such as Piedras Negras, Tikal, and uaxactun, developed in this area. People, Geography and Language The Maya homeland, called Mesoamerica, span fine countries: Mexico, Quatemala, Belize, Honduras, El Salvador. There are now indications that the people we call the Maya had migrated from North America to the highlands of Guatemala perhaps as long ago as 2600 B.C., living an agriculuture village-based life. The cultural of these Preclassic Maya owes much to the earlier civilization of the Olmec, which flourished ca 1200 B.C. By the time Maya civilization had reached its peak the classic period (A.D. 200-900) the Maya were spread across an almost continuous territory of roughly 311,000 square kilometers (120,000 square miles). Comprising three general areas: The tropical rain forest of the lowlands, stretching from northern Honduras, through the Peten region of Guatemala and into Belize and chiapas, which became the heart of classic Maya civilization included cities such as Copan, Yaxchilan, Tikal, and Palenque. The Guatemala highlands and the Pacific Coast, where Aztecs influenced In the early classic period caused some differences in cultural development from the Central or lowlands, Maya. The northern Yucatan peninsula, where sites include Habna, Chichen Itza and Uxmal, is characterized by scrub vegetation, thin soil, and little surface water a Mythology

Wiki Essay Example

Wiki Essay Example Wiki Essay Wiki Essay As the world moves towards expansion in terms of globalization and technology advancements, people are looking into the development of new technologies to serve the necessities of mankind. At present, programmers have taken it as their responsibility to make to enhance user experiences by developing a variety of software that will help them achieve their purpose. In the field of networking, a server software known as wiki has been introduced to the world. Since it has been introduced to the market, it instantly reached towering levels of popularity and management. It also became an indispensable part of the virtual society. Wiki is described as a tool utilized in websites which allows users to readily and efficiently add, edit, and delete contents of a webpage. Because of the convenience it provides, it is popularly used in online journals because writers are able to edit their works anytime they want. Wiki was also described as, â€Å"the simplest online database that could possibly work† (What Is Wiki, 2002). This description is identifiably true because wiki websites are simple and user-friendly so much so that even people who are not that familiar with computer languages will be able to easily learn how to utilize this tool. To understand the concept of a wiki website better, a comparison between traditional writing vs. writing on online journals will be narrated. One can imagine writing with the use of a pencil, a piece of paper, and an eraser for the purpose of editing. Writing on a piece of paper allows an individual to write anything he wants. This goes the same with wiki websites. The di fference however is that erasures on a piece of paper are grubby, while editing in wiki websites leaves the page spotless. There are several outstanding characteristics of wiki websites which make it prevalent in the virtual world (Matias, 2003). First, it is effortless to edit wiki pages because links to the editing page on each web page provides users the opportunity to easily edit or delete content. Users can just click on a link if they want to edit content and submit the edited version when they are through. Second, wiki websites use simple mark up. If one is not familiar with the HTML language, a wiki software will be able to assist the user in constructing web pages and links. The user is only required to understand simple tags and markup rules. Third, several other wikis are collaborative communities which allows anyone to edit pages. There are wiki websites that allow full access to users but there are some that limit the user’s access of the webpages. Last, it is easy to keep track of data because wiki pages store all activities in sequentially or chronologically. So if one wants to find and retrieve information, one can just sort the data in the database in order to find the targeted information. In conclusion, a wiki software is an efficient way of establishing online collaborative communities. With its innumerable outstanding characteristics, wiki became a popular tool commonly utilized in the virtual community. If one wishes to understand why a large population of virtual users utilize wikis, obtaining a wiki software and utilizing it in a personal website is the best way to go about it. Wiki. (2002). â€Å"What is Wiki?.† Retrieved 05 Sep 2008, from Wiki.org Web site: http://wiki.org/wiki.cgi?WhatIsWiki Matias, N. (2003). â€Å"What is a Wiki?† Retrieved 06 Sep 2008, from Site Point. Website: sitepoint.com/article/what-is-a-wiki/

Pandillas como MS-13 y leyes migratorias de EE.UU.

Pandillas como MS-13 y leyes migratorias de EE.UU. Ser miembro de una pandilla como la MS-13 o la Mara Salvatrucha, o incluso la simple sospecha de pertenencia actual o pasada causa problemas migratorios gravà ­simos para todos los extranjeros presentes en el paà ­s. Por su gran impacto migratorio, este artà ­culo informa sobre quà © es una pandilla, conocida tambià ©n como mara, cà ³mo las autoridades migratorias obtienen informacià ³n sobre quià ©n es o puede ser pandillero, cules son las consecuencias migratorias y quà © se puede hacer si se tienen problemas por esta razà ³n.  ¿Quà © se considera que es una pandilla o mara? No hay una definicià ³n legal à ºnica sobre quà © es una pandilla. Sin embargo, el Departamento de Seguridad Interna (DHS, por sus siglas en inglà ©s), del que dependen organismos migratorios como ICE y USCIS, considera que una pandilla es una asociacià ³n formal o informal de tres o ms personas que tiene como uno de sus principales objetivos cometer uno o ms delitos. Es decir, una mara no tiene que ser una organizacià ³n grande y conocida como la Mara Salvatrucha, la MS-13 o los Latin Kings.  ¿Cà ³mo saben las autoridades migratorias que un migrante es pandillero? Las autoridades migratorias consultan una o varias bases de datos que incluyen informacià ³n sobre las personas que pertenecen a alguna de esas organizaciones o de quienes se sospecha que tienen algà ºn tipo de afiliacià ³n con las mismas o, incluso, quienes pertenecieron en el pasado. Entre la informacià ³n que se registra en las bases de datos se encuentran los nombres de los pandilleros, apodos, direccià ³n, descripcià ³n fà ­sica y marcas, como por ejemplo lunares o cicatrices, tatuajes, nacionalidad, identificacià ³n de la pandilla a la que pertenecen o con la que se sospecha que estn afiliados y posicià ³n dentro de la misma. Entre las bases de datos ms utilizadas destaca GangNet. Se sabe que la utilizan al menos el FBI, ICE - la agencia encargada de ejecutar las leyes migratorias- , 14 estados y el Distrito de Columbia. En 2016, ICE dejà ³ de utilizar ICEGangs y ahora busca informacià ³n sobre posibles pandilleros en la citada GangNet y en otras bases de datos como, ICM, EID y FALCON. Adems, estados, condados o ciudades pueden tener sus propias bases de datos para este fin. Una de las ms completas es CalGang, a la cual aà ±aden informacià ³n todos los departamentos de policà ­a del estado de California. Se da por hecho entre los abogados migratorios que el Departamento de Seguridad Interna, del cual dependen ICE y USCIS, tiene acceso a la informacià ³n que contienen muchas de esas bases de datos locales o estatales, pero se desconoce el alcance de la colaboracià ³n.  ¿Cà ³mo se incluye una persona en una base de datos sobre pandillas o maras? Segà ºn el Centro de Recursos Legales Migratorios (ILRC, por sus siglas en inglà ©s), el nombre de una persona puede incluirse en una base de datos sobre pertenencia o afiliacià ³n con maras en cuatro situaciones. En primer lugar, como resultado de la investigacià ³n de un delito. En segundo lugar, por lo que se declara cuando se est en custodia de la policà ­a. En tercer lugar, por condena en un juicio y, en cuarto lugar, como consecuencia de lo que un agente anota durante lo que se conoce como una entrevista de campo (field interview, en inglà ©s). En este contexto, debe entenderse como una entrevista de campo una interaccià ³n entre un pandillero o sospecho de serlo y un agente de la policà ­a que tiene lugar en un vecindario de una ciudad con un alto à ­ndice de presencia pandillera. Cada estado establece sus propias reglas para determinar cundo el agente puede incluir a una persona en una base de datos de pandillas, por lo que es imposible brindar reglas generales. Sin embargo, en California, donde la presencia pandillera es notable, la ley permite la inclusià ³n de una persona en CalGang si cumple al menos dos de los siguientes requisitos: Ha reconocido pertenecer a una maraHa sido arrestada en compaà ±Ãƒ ­a de personas conocidas como pandillerosHa sido identificada como miembro de una pandilla por un informanteExhibe sà ­mbolos o gestos manuales propios de pandillasTiene tatuajes propios de pandillasFrecuenta lugares en los que se reà ºnen las pandillasViste ropa que se identifica con una determinada mara Como consecuencia de la laxitud de los requisitos para ser incluido en una base de datos sobre pandillas, entre los defensores de los migrantes se argumenta que muchas de las personas incluidas en las mismas no son, en realidad, pandilleros. Adems, cuando una persona est detenida en una crcel o prisià ³n no migratoria frecuentemente se registra su afiliacià ³n con una pandilla - verificada o presunta- para evitar colocar en el mismo mà ³dulo carcelario a miembros de distintas organizaciones. Asimismo, agencias migratorias como la Policà ­a Fronteriza (CBP, por sus siglas en inglà ©s) e ICE tambià ©n registran si una persona es sospechosa de pertenecer a pandillas e incluso agencias privadas que gestionan crceles migratorias, como CCA y GEO, tambià ©n realizan esta clase de anotaciones. Por otro lado, hay que tener en consideracià ³n que cada jurisdiccià ³n establece las reglas sobre si es obligatorio notificar a una persona que ha sido incluida en alguna de dichas bases de datos o registros sobre pertenencia a pandillas, por lo que en muchos casos el interesado no sabe que su nombre ha sido incluido. Una vez que el nombre ha sido incluido, es muy difà ­cil sacarlo de la base de datos. Estar incluido en una base de datos de maras,  ¿cà ³mo afecta a los asuntos migratorios? La pertenencia a pandillas se considera, desde el punto de vista migratorio, como una amenaza a la seguridad nacional de los Estados Unidos, lo cual significa que si un migrante es calificado como tal, tiene un problema migratorio gravà ­simo. Hay que destacar distintas situaciones. En primer lugar, si una persona extranjera est detenida por Inmigracià ³n y se sabe o sospecha que es miembro de una pandilla como los Latin King, MS-13 o Mara Salvatrucha, no va a obtener una fianza o, si la obtuviese, va a ser por un monto muy alto. Adems, se inicia un procedimiento de deportacià ³n o expulsià ³n en su contra. No cabe duda de que la pertenencia actual o pasada a una pandilla o mara es causa prioritaria de deportacià ³n. En el caso de migrantes no detenidos que solicitan un beneficio migratorio, como un ajuste de estatus, por ejemplo, DACA para jà ³venes indocumentados que llegaron a Estados Unidos siendo nià ±os o la visa U para và ­ctimas de violencia, dicho beneficio puede ser negado y, de hecho, eso es lo que sucede en la mayorà ­a de los casos. La denegacià ³n del beneficio migratorio puede deberse porque se pregunta especà ­ficamente en el formulario de aplicacià ³n sobre pertenencia a pandillas y, en caso de que asà ­ sea, se aplica lo que se conoce como causa de inadmisibilidad (a)(3)(B) que da lugar a que no se pueda estar en EE.UU. y se inicie un proceso de deportacià ³n. En otros casos en los que no se se realiza esa pregunta, como es el caso de los formularios de DACA, el beneficio ser negado casi siempre porque el oficial del USCIS tiene el poder discrecional de decidir si aprueba el beneficio que se solicita y, en el caso de los pandilleros, la regla general es no aprobarlo.  ¿Quà © se puede hacer cuando un migrante es sospechoso de pandillero? Estos son casos muy delicados y que deben ser siempre tratados en confidencialidad con un abogado que tenga experiencia en este tipo de casos y que conozca las reglas y reglamentos del estado respecto a pandillas y bases de datos. Si una persona extranjera se ha movido en cà ­rculos pandilleros, aunque no haya pertenecido a ninguna pandilla o si realmente ha tenido membresà ­a en alguna de ellas, deberà ­a consultar con un abogado antes de solicitar cualquier tipo de beneficio migratorio, ya que podrà ­a estar provocando el inicio de un proceso de deportacià ³n en su contra. Es importante que el abogado conozca si el estado est obligado a comunicar la inclusià ³n de una persona en la base de datos. En el caso de que se produzca dicha comunicacià ³n, se debe contratar a un abogado para que intente apelar y borrar el nombre del migrante de dicha base de datos. Si se vive en una jurisdiccià ³n donde la autoridad no est obligada a notificar la inclusià ³n de una persona en un registro de maras, es importante que el abogado intente recabar esa informacià ³n indirectamente. Por ejemplo, solicitando rà ©cords de posibles arrestos, de oficiales de libertad condicional o parole o, incluso, de high school, ya que en muchas escuelas se realizan anotaciones sobre posible pertenencia a pandillas de los estudiantes. Puntos clave Las pandillas o maras son consideradas una amenaza a la seguridad de EE.UU.Membresà ­a o sospecha de pertenencia a pandillas es causa de problemas migratorios graves.Existen varias bases de datos de pandilleros. Es posible estar en una sin saberlo. Este es un artà ­culo informativo. No es asesorà ­a legal.

Free Speech and the Defamation Bill 2012 Essay Example | Topics and Well Written Essays - 1500 words

Free Speech and the Defamation Bill 2012 - Essay Example The law of the press only draws the parameters that the press should confine itself to, when broadcasting information. That libel and privacy laws do not wrongly restrict the work of the press is underscored by the fact that the press in its existence and functions does so in light of tort. This is to the effect that the press owes the society duty of care, when handling information, so that it is obligated to eschew using information in a manner that is injurious to an individual, group or organisation’s reputation, character or person. Tweed1 posits that the law acknowledges the duty of care that the press owes the society, so that there is no threshold left for dabbling in acts of libel and privacy violations. All acts that govern dissemination by the press do not make provisions for libel and privacy violations. For instance, even the Freedom of Information Act 2000 creates the right of the public to access information, but this information is limited to that which is held by public authorities and thereby precluding information pertaining to individuals. The Data Protection Act 1998 also governs the protection of personal information in the UK, and thereby limiting space for slander, defamation and breach of privacy by the press. In like manner, UK Stationery Office2 and UK Parliament3 observe that the Privacy and Electronic Communications Regulations 2003 as a UK law legally proscribes the transmission of automated recorded messages, without prior consent of the subscriber. Herein, this law makes it clear that transmission of automated recorded telephone messages for direct marketing purposes outside the subscriber’s permission is not only an infringement of that subscriber’s privacy, but is also illegal. That the law on libel and privacy violation does not limit the work of the press, is a matter that is well confirmed by the fact that they (the laws) have exceptions that safeguard media practices to the same effect. This is exemplif ied by the case laws Greene v Associated Newspaper (2004) and Bonnard v Perryman (1893). Particularly, in the latter, the court of law ruled that judges are not to stop defamatory allegations that are circulated, in the event that the would-be publisher is ready to defend them (in a court of law), unless it is express that no defence is to succeed at trial4. Again, the issue of Civil Liberty extends to not only include the freedom of speech, conscience, property ownership, movement and the right to assembly, but also to also include the right to privacy and dignity. Thus, the law of libel and privacy are not in existence to muzzle the media, but exists to maintain the boundaries that define the freedom of the press and to harmonise it with human freedoms and rights. The Defamation Bill 2012 The idea that the Defamation Bill 2012 is inadequate to deal with the restrictions on Press freedom is not true, since the bill has made provisions that are more in favour of the press than the i ndividual, a group or an organisation. First, the veracity of the standpoint immediately above is premised on the fact that in essence, the Defamation Bill 2012 was chiefly made to strike a balance between the right to protection of reputation and freedom of expression and therefore makes substantive amendments to the law of defamation, without necessarily