A personal reflection on Liebeck v McDonalds - Free Essay Example

Sample details Pages: 9 Words: 2780 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Tags: McDonalds Essay Did you like this example? Liebeck V. McDonalds: An Annoyance The McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s hot coffee case is an event that most Americans claim to know about but many actually are unware of the facts. When I first heard about this lawsuit, I was working in a restaurant that ironically served a lot of coffee. I was eavesdropping on the server line and overheard a fellow employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s comment, à ¢Ã¢â€š ¬Ã…“did you hear about the lady who sued McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s because she spilt coffee on herself, apparently she won a bunch of money; I wish I could just go around suing people because Ià ¢Ã¢â€š ¬Ã¢â€ž ¢m stupid.à ¢Ã¢â€š ¬Ã‚  Fortunately, for me, I didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t care at the time to hear much of their story, nor did I care about the story at all. As the years went by, I didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t hear much about it anymore until I stumbled across a documentary called à ¢Ã¢â€š ¬Ã…“Hot Coffeeà ¢Ã¢â€š ¬Ã‚  on Netflix. It was the first lawsuit mentione d in this documentary along with a few others that pointed out the downside of tort reform. The McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, as I soon learned was nothing as my co-workers had mentioned, but of course, this was years ago. I was certain that by 2014, surely the facts of the McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s hot coffee case had been distributed and everyone knew it was indeed not a frivolous lawsuit. I was proven quite wrong when just last week, a co-worker of mine was rattling on about her idea of à ¢Ã¢â€š ¬Ã…“stupidà ¢Ã¢â€š ¬Ã‚  lawsuits and she mentioned à ¢Ã¢â€š ¬Ã…“well I suppose you can sue anybody these days, I mean you can even sue McDonalds over hot coffee!à ¢Ã¢â€š ¬Ã‚  Upon that note, I had no choice but to inform her that the McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was indeed a legitimate suit. She preceded to say, à ¢Ã¢â€š ¬Ã…“Coffee is supposed to be hot, so what then, can you sue for cold coffee?à ¢Ã¢â€š ¬Ã‚  Technically, she wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t wrong, coff ee is supposed to hot, but then again, coffee isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t supposed to cause third degree burns either, or hospitalize you for eight days. My annoyance a little pushed responded to my co-worker, à ¢Ã¢â€š ¬Ã…“I donà ¢Ã¢â€š ¬Ã¢â€ž ¢t see why not, I suppose if cold coffee was to cause you serious physical injury, then why not!à ¢Ã¢â€š ¬Ã‚  Moving on, as I proceeded my research I learned more shocking facts of this world wide known lawsuit, as well as how it became so distorted. It all started in Albuquerque, New Mexico on Feb 27th, 1992 when 79 year old Grandma Liebeck ordered a .49 cent cup of coffee from a McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s drive through. Little did she know that this .49 cent cup of coffee would end up costing her $11,000. She was sitting in the passengers seat when her grandson, Chris, parked the car in the McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s parking lot so she could add sugar and cream to her coffee. She placed the cup between her knees and began pulling the l id towards her to remove it. In the process of doing so, she spilled the entire cup on her lap. She was wearing cotton sweatpants which is a fabric prone to absorb great amount of liquid quickly; in Liebeckà ¢Ã¢â€š ¬Ã¢â€ž ¢s very unlucky situation, it was scalding coffee. She sat in the hot liquid for over 90 seconds, burning her thighs, buttocks, and groin. Her grandson immediately drove her to the hospital where it was then discovered that she had obtained third-degree burns on six percent of her skin. She was hospitalized for eight days, underwent skin grafting, and later debridement treatments (Cain). During this time, she also lost a lot of weight bringing her down to a very scary 83 pounds. In addition to her treatments at the hospital, she faced two more years of medical treatment (Cain). Liebeckà ¢Ã¢â€š ¬Ã¢â€ž ¢s hospital bills became more than a little difficult to handle and thatà ¢Ã¢â€š ¬Ã¢â€ž ¢s when she wrote a letter asking McDonalds to cover her out-of-pocket ex penses, which amounted to $11,000. This included her daughters lost wages for the time she took off work to care for Liebeck during her three week recovery at home. McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s responded with a refusal. It was during this time that Liebeck felt no choice but to seek out Reed Morgan, a Texas attorney. He had dealt with another McDonalds case concerning a burn victim as well (Levenson). That particular case in 1986 involved a woman who received third degree burns from purchasing McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s coffee, which resorted in a settlement of $27,000. McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s had stated during that case that they had no plans to turn down the heat. Before a suit was even filed, Liebeck once again asked McDonalds to pay for her medical expenses, now including her pain and suffering in the amount of $90,000. McDonalds offered only $800. Finally, in 1993, a products liability lawsuit was filed in New Mexico District Court stating that McDonalds was responsible of gross negligence for selling coffee that was unreasonably dangerous and à ¢Ã¢â€š ¬Ã…“defectively manufactured.à ¢Ã¢â€š ¬Ã‚  Punitive damages were also sought based on the allegations that McDonalds acted with à ¢Ã¢â€š ¬Ã…“conscience indifference for the safety of its customersà ¢Ã¢â€š ¬Ã‚  (Levenson). During the pretrial, in January 21, 1994 McDonalds moved for summary judgment, but the motion was denied. On July 29th, a hearing was conducted on Liebeckà ¢Ã¢â€š ¬Ã¢â€ž ¢s Motion for Partial Summary Judgment. The Parties agreed that the burns were indeed caused by the coffee. On July 29th in a letter decision, Judge Scott denied Liebeckà ¢Ã¢â€š ¬Ã¢â€ž ¢s motion as to liability (Dedman). Morgan, Liebeckà ¢Ã¢â€š ¬Ã¢â€ž ¢s attorney, along with the suggestion of a mediator, offered to settle for $225,000, but McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s refused and ultimately decided to go to trial (Ruschmann). The trial took place on August 17th 1994 before Judge Robert H. Scott. Liebe cks attorneys argued that McDonalds coffee was defective in a sense that it was too hot and probable to cause more serious injury than any other coffee sold at different restaurants. They also discovered that McDonalds training manual required their coffee to be brewed at 195 to 205 degrees Fahrenheit and then held and served at 180-190 degree Fahrenheit. They debated that coffee should not be served hotter than 140 degrees (Ruschmann). Baxter, an expert in thermodynamics as applied to skin burns, stated that liquids at 190 degrees can cause third degree burns to the skin in two to three seconds, if at 180 degrees it can cause the same burns in 12 to 15 seconds, and at 160 degrees it can cause burns within 20 seconds (Cain). Their intentions were to prove that if McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s coffee had been just a little less scalding, it would had added critical seconds to Liebecks response time. This would have allowed her to get out the car and remove her clothes within time to pr event serious burns (Cain). Unfortunately, in Liebecks situation, it was estimated that she only had about 2 to 3 seconds before third degree burns began setting. A project performed by a law student working for Liebecks lawyers took temperatures of coffee at other local restaurants and found that McDonalds coffee was at least 20 degrees warmer (Ruschmann). Witnesses testified that between 1982 and 1992, McDonalds had received at least 700 reports of customers being burned by hot coffee; some incidents involving third degree burns (Cain). McDonalds had been sued countless times over coffee burns and had spent over $500,000 in settling these cases, including the 1986 case that Morgan himself was part of. He indeed questioned McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s as to why they have not considered lowing their coffee temperature. McDonalds fought back with their own experts. They argued that coffee served at 130 degrees could cause third degree burns as well, therefore serving coffee at 180 or 190 degrees was irrelevant. Also, a safety consultant hired by the company testified that hot coffee burns were statistically insignificant and that 700 burn complaints out of 24million cups over 10 years was a good report (Levenson). A McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s executive admitted that the company choose not to warn its customers of the possible burns because there were more serious dangers in the restaurants. In addition, they admitted that their coffee was not fit for consumption because it would cause injuries to the mouth and throat if drunk at a temperature of 185 degrees. They added that due to Liebecks age, the burns were worse than usual because older skin is more vulnerable to serious injuries (Cain). During McDonalds closing argument, they pointed the blame on Liebeck for thoughtlessly placing the cup of obviously hot coffee between her legs and not removing her clothes quick enough. These statements offended jurors, one even saying, There was a person behind every number and I donà ¢Ã¢â€š ¬Ã¢â€ž ¢t think the corporation was attaching enough importance to that (qtd. Ruschmann). They were also not convinced by McDonalds failed attempt at warning customers with a caution: contents Hot! label on the cup (Levenson). At the beginning of the trial, Jerry Goens wondered why he was deciding a hot coffee-spill case; after seeing all the evidence, he quickly changed his mind. In the end, the jurors who initially felt insulted and inconvenienced by Liebecks frivolous lawsuit were now more upset at McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s unsympathetic attitude toward victims (Levenson). One Juror even pushing for damages totaling almost $10,000 (Levenson). Even the trial judge had no problems with the jurys verdict. After 7 days of trial, the jury would have to decide if McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s would be held liable, thus restricting people from what they really want, good hot coffee (Levenson). The jury unanimously found McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s liable. T hey sided with Liebeck on her claims à ¢Ã¢â€š ¬Ã…“of product defect, breach of implied warranty, and breach of the implied warranty of fitness for a particular purposeà ¢Ã¢â€š ¬Ã‚  (Dedman). The jury awarded $200,000 in compensatory damages, but because they also found her 20% at fault for her own injuries, her award was reduced to $160,000 (Ruschmann). The Jury awarded 2.7 million in punitive damages (two days worth of worldwide coffee sales), in which the Judge later reduced to $480,000. Judge Scott commented that the amount was justified due to willful, wanton, reckless, and what the courts find were callous conduct on McDonalds part (Ruschmann). Liebeckà ¢Ã¢â€š ¬Ã¢â€ž ¢s total award was $640,000. McDonalds responded We knew the initial damages awarded were excessive and unjustified, and yesterday the Judge acknowledged that and agreed, but we feel they are excessive and we will appeal the decision (Dedman). Judge Scott denied McDonalds motion for new trial on September 16, 1994 and ordered the parties to a post-verdict settlement conference. On November 28th, the parties finally ended up settling for a confidential amount. Those knowledgeable of the amount Liebeck received, agreed that the amount was far less than what the jury had awarded her. McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s had made some changes since Liebecks lawsuit by adding the warning sign Coffee, tea, and hot chocolate are VERY HOT! on their drive through windows. Their hot beverage lids are also now label with the words HOT! HOT! HOT! (Cain). Myself, as a very admin coffee drinker, stop by McDonalds frequently for coffee has also noticed that McDonalds employee will most instantly and pushily ask if I need cream and sugar in my coffee. If I do, they will then proceed to do it for me. Now whether or not they do it because its part of their role in providing great customer service, Ià ¢Ã¢â€š ¬Ã¢â€ž ¢m almost certain that some of it has to do with avoiding another hot coffee lawsuit. So h ow exactly did this case get so misleading? Well, as a legal doctrine, the case of Liebeck v. McDonalds Restaurants has no precedential value. It was a single jurys verdict that never made it to the appellate level (Levenson). The facts were not properly distributed and citizens just choose to hear what they wanted. The media too had a great role in distorting this story. At first leaving out a few facts, and then soon only leaving three facts such as, à ¢Ã¢â€š ¬Ã…“Woman spills coffee on herself, Woman sues McDonalds, and Woman wins 2.7 million dollars.à ¢Ã¢â€š ¬Ã‚  In addition, huge corporations conduct large public relations campaigns to distort the truth in an attempt to limit peoples knowledge of the court system. They turned this particular case into a à ¢Ã¢â€š ¬Ã…“witch huntà ¢Ã¢â€š ¬Ã‚  for tort reform, confusing the media and the general public into thinking Liebeck was the bad guy in this story (Hot Coffee Case). With the public assuming the truth lies within thes e big corporations, they tend to agree with them, lacking the knowledge that a tort reform will actually make it more difficult for them to file a lawsuit, obtain a jury trial, and places a cap on their damages, if and when they are injured by these companies (Lane). In addition to the Liebeck vs McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s Restaurant case, there are other cases across the United States that involve injuries from hot coffee. Youà ¢Ã¢â€š ¬Ã¢â€ž ¢d also be interested to hear that most of them end with the burn victim at a lost. An example is the case of Steven Olliver vs Heavenly Bagels, Inc. from the Supreme Court of New York in 2001. Having similar circumstances as the McDonaldà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, Olliver purchased his cup of coffee from Heavenly Bagels and accidently spills it on himself while driving in his car. The coffee was actually put in a bag in which he had placed between his legs. He suffered second degree burns and sued the company. Heavenly Bagels argued that th ere was no defect in the manufacture or maintence of their coffee machine, and that they had no duty to warn the customer of the dangers of hot coffee. A service document showed that the brewing temperature was 194 degrees, but à ¢Ã¢â€š ¬Ã…“industry standards required a brewing temperature of 200 degreesà ¢Ã¢â€š ¬Ã‚ . Under New York precedent, the fact that à ¢Ã¢â€š ¬Ã…“the coffee was hot enough to cause injury if not properly handled did not mean that it was defective or negligently servedà ¢Ã¢â€š ¬Ã‚ . Coffee, a à ¢Ã¢â€š ¬Ã…“product by its very nature had a dangerous attribute and liability was imposed only when the product had an attribute not reasonably contemplated by the purchaser or was unreasonably dangerous for its intended purposeà ¢Ã¢â€š ¬Ã‚  (Olliver v. Heavenly Bagels). The court held that Olliver failed to provide evidence for which the jury could distinguish the coffee to be unreasonably hot, essentially, his second degree burns were not sufficient. Another example of a hot coffee case is Christopher Nadel vs Burger King. This case made it to the Court of Appeals of Ohio in 1997. Nadel and his family stopped by the Burger King drive through and order some food along with two cups of coffee. Initially there was an accident and the hot coffee spilt all over everyone sitting in the vehicle including Nadelà ¢Ã¢â€š ¬Ã¢â€ž ¢s young son. They filed an action in à ¢Ã¢â€š ¬Ã…“breach of warranty, products liability, and negligenceà ¢Ã¢â€š ¬Ã‚  against the franchisor and franchisee of Burger King. The court granted the motions of both defendants for summary, which after the Nadels appealed. The court affirmed the grant of summary judgment to Burger King for of à ¢Ã¢â€š ¬Ã…“breach of warranty, premises liability, and negligent infliction of emotional distressà ¢Ã¢â€š ¬Ã‚ . But, Summary judgment was reversed as to the à ¢Ã¢â€š ¬Ã…“products liability and punitive damage claimsà ¢Ã¢â€š ¬Ã‚  because of fact issues as to whether thecoffeethat burned Nadelà ¢Ã¢â€š ¬Ã¢â€ž ¢s son was defective. The court held that it was up to a jury to decide whether second degree burns resulting from spilled coffee was an unforeseen danger or common knowledge. The court also decided that a jury would be better able to determine whether the 175 degree coffee purchased from Burger King was hotter than what Nadels would have expected, and whether the risks of this hot coffee outweighed its benefits. Here we have three different hot coffee cases with all different decisions. Liebeckà ¢Ã¢â€š ¬Ã¢â€ž ¢s case did not make it to an appellate level but the decisions of appellate courts across the country suggest that Stella Liebeck would have likely lost if the appeal had gone forward as these last two case proved. As of 2014 ho Works Cited Cain, Kevin G. And Now the Rest of the StoryThe McDonalds Coffee Lawsuit.Journal of Consumer Commercial LawJuly (2007): 14-19. Web. Christopher Nadel, by and through his next friend , Brenda Nadel, his natural mother, Evelyn Nadel, and Paul Nadel v. Burger King Corporation and Emil, Inc. Court of Appeals of Ohio. 21 May 1997.LexisNexis Academic. Web. 4 Dec. 2014. Dedman, Jim. The Stella Liebeck McDonalds Hot Coffee Case FAQ. AbnormalUse.com. Gallivan, White Boyd, P.A. Attorneys at Law. 25 January 2011. Web. 4 Dec. 2014. Lane, Justinian. What Is Tort Reform, Anyway? A Guide for the Average Citizen. WhatisTortReform.com. N.d. Web. 4 Dec. 2014. Levenson, Barry M.Habeas Codfish: Reflections on Food and the Law. Madison: U of Wisconsin, 2001. Print. N.a. Hot Coffee Case.ForThePeople.com. Morgan Morgan, 11 July 2012. Web. 4 Dec. 2014. Olliver v. Heavenly Bagels, Inc. Et Al. Supreme Court of New York Nassau County. 26 July 2001.LexisNexis Academic. Web. 4 Dec. 2014. Rami, Zachary. Courts Split as to Whether Consumers Injure by Hot Coffee Can Seek Recovery.Loyola Consumer Law Review6th ser. 10.4 (1999): n. pag. Web. Ruschmann, Paul.Tort Reform. P hiladelphia: Chelsea House, 2006. Print. Don’t waste time! Our writers will create an original "A personal reflection on Liebeck v McDonalds" essay for you Create order

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Disaster at Bhopal Free Essays

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According to Ubeku (1975)2, â€Å"it used to be thought that a good and successful manager was the one who stood above his men and showered order on them to obey. A man who decides for his men not only what to do but how it should be done. They must conform otherwise they would either be disciplined or dismissed outright. He was the slave driver and bulldozer. He need not consult his men as they had no ideas to put forward. He knew what was good for them and did it†. There is no doubt that a measure of strictness is necessary indeed essential, but gone are the days of rigid control and direction. The relationship are becoming more impersonal to get people to work effectively in these changed circumstances a different approach is necessary. Management that is determined and wiling to maintain its good image and status must focus on plans and strategies that will enable it achieve its set objectives. When there is harmony in an organisation it reveals that workers satisfied and are happy with their jobs. Such workers will certainly show their energies, efforts, wisdom, intelligence etc to assist management in achieving its objectives increase productivity, efficiency and maximize profit. Moreover, knowledge about motivational practices can have implications for understanding employee’s behaviour that are important for the academician, managers in the organization. 1. 2PROBLEM ANALYSIS The problems of employees motivation in organization has been a perennial one. According to Glueck (1980), â€Å"There are three critical factors that affects motivation and these are individual needs, the nature of the job and the work environment. In addition to the above, other major factors could be responsible for workers low level of motivation are poor wages and salaries, lack of incentives unpleasant working conditions, poor supervision, lack of opportunity for advancement, non-participation of employees in setting organizational objectives, poor personal policy, lack of opportunity for advance, non-participation of employees in setting organizational objectives, poor personnel policy, lack of job security and non appreciation and acknowledgement of good efforts of workers†. Commenting on the workers negative attitude to work, McGregor (1960)4 in his theory X assumptions ostulated that the average human beings has an inherent dislike for work and will try to avoid it if possible. One of the causes of employee’s dissatisfaction and low morale may be related to inadequate working environment as this may lead to high employee turnover. Hertzberg, (1957) supported this view when he identified working environment as one of the factors that causes employee dissatisfaction. Lastly, the uncertainty regarding employees job security workers whose job security is not guaranteed, are not encouraged or motivate to put in their best. . 3PURPOSE OF STUDY The purpose of this study is to highlight and discuss variables (raised by management) that makes for worker’s motivated and job satisfaction towards increasing his productivity, and use those variables so raised as a standard to measure the degree or level of employee motivation and satisfaction in the business industry. The application and non-application of those variables will be determined, and it shall form the bedrock of the recommendations that would be given at the end of this investigation. 1. 4JUSTIFICATION OF THE STUDY The success or failure of any organization lies on its relative strength, which is a function of its productive capacity. If all the other factors of production are present, but that of labour needed to harness them fro effective utilization is lacking, the organization will not able to realize its objectives. Employee’s demoralization or lack of motivation has resulted in serious damage to many organizations in the areas of high rate of absenteeism, constant grievances, frequent industrial upheaval, high labour turnover, disciplinary problems and slow pace of economic development. Nigerian Ports Authority (NPA) has its own share of these problems. Most of the staffs (i. e. lower staffs) are no longer dedicated to their work; hence show little or no commitment. The outcome of these researches will serve as an aid to the management of the organization in formulating appropriate policies, which will boost worker’s morale and motivate them to strive towards the attainment of the organization’s goal and objectives. 1. 5LIMITATION OF STUDY Based on the nature of the study, the intellectual capability of the respondents and the environmental settling of the study, one could hardly anticipate any major obstacle in the administration and collection of the questionnaire. Unfortunately, the above assumption did not reflect the correct picture as the researcher encountered various problems during the administration of questionnaire. Some staff collected and refused to complete them, while some misplaced theirs. Some, especially the junior members of staff could not understand some of the management terms used in some of the question because of their level of literacy and consequently, the researcher had to spend time explaining the questionnaires, on the ground that there was no financial gain accruing to them thereof. Others misconstrued the intention behind the whole exercise and feared that whatever information they volunteered could be used against them. It was gratifying to note that the highest collaboration and support were obtained from the senior staff. 1. 6PLAN OF STUDY The data obtained will be grouped on the basis of the responses to each of the questions contained in the questionnaires. In respect of the personal data of the respondents, this will be grouped into the categories of age, sex, marital status, education qualification etc. The responses to question bordering on the subject matter of motivation will also be grouped and analysed using parentages and the results appropriately interpreted. Personal interviews conducted on a selected number of both management/executive staff (senior executive junior executive) and junior staff will also be analysed. The first chapter gives a general overview of the research study is all about in the form of introduction? The second chapter is aimed at examining all the relevant theories propounded by eminent scholars of Business Administration, Psychology, Anthropology, sociology as well as books, periodicals and excerpts from learned journals covering the areas of this study. The third chapter gives a general insight to what the case study is all about. It introduces the organisation, its objectives and functions, its facilities and services. It also analyses the problems and benefits. The fourth chapter will expatiate in fuller details the methodology adopted, giving the actual number of questionnaires distributed to different departments. The fifth chapter will do a thorough analysis of data collected; it will also test the hypotheses and interpret the results obtained. This will help in determining the extent at which the organization is motivating its employees. The sixth chapter gives the finding, recommendations and conclusions. 1. 7RELEVANT RESEARCH QUESTIONS (1)What role has incentives played in motivating workers towards increased productivity? 2)How has the movement of subordination in decision-making motivated them towards increasing productivity? (3)To what extent has advancement and growth within the organization, motivated workers towards increased productivity? (4)To what extent has good working environment guarantee job satisfaction? (5)What effect does security have on workers productivity? 1. 8DEFINITION OF TERMS In this research work the followin g words are defined for the purpose of clarity: Theory: And idea or set of ideas that is intended to explain something about life or the world, especially one that has not yet been proved to be true. Hierarchy:A system within an organization in which people has authority and control over the people in the rank below them. Wages:Earning of employee either on a daily, weekly or monthly basis. Salary: Money received as payment from the organization one works for, usually paid to him every month. Fringe Benefits: An additional service or advantage given pith a job besides wages, these of not normally attract the payment of tax. Motivation:Anything done to inspire the workers and give them the urge to work harder and increase productivity. Staisafction: A feeling of pleasure because one has something or has achieved something. Job Security: Stability of work and the assurance that salaries would be paid if and when due Industrial disputes: Conflict between employers and employees NPA: Nigerian Ports Authority REFERENCES 1. Agbalo, J. O. NATURE OF MANAGEMENT University of Ibadan Press (1962)Pg. 66. 2. Gleuck, W. F. MANAGEMENT (2nd Edition) The Dryden Press (1980) Pg. 161. 3. Koontz, O’ Donnell and Wahrich MANAGEMENT MC Graw-Hill International Books Co. (1982) Pg. 614 4. Ubeku, A. K. PERSONNEL MANAGEMENTIN NIGERIA Ethiopia Publishing Corp. , Benin (1975) Pg. 291. CHAPTER TWO LITERATURE REVIEW 2. 1THEORETICAL FRAMEWORK From time immemorial, organisations were established to accomplish certain objectives. The functions of the manager in the attainment of set goals cannot be underestimated. With the increased complexity of the society and the increasing size of organizations, managers’ decisions can have a far-reaching impact on the society. They can be defined as groups of persons who influence other workers to contribute their best to the attainment of corporate objectives. Management therefore involves the process of utilizing material and human resources to accomplish designated objectives. It involves the organisation, direction coordination, and the evaluation of the people to achieve the set goals. A manager who wishes to succeed in meeting set objectives must pay particular attention to the human factors in the organisation. According to Frederick H. Harbinson and Charles A Myers1, â€Å"In modern society, industrialization is an almost universal goal towards which all nations are marching. The underdeveloped countries are striving to industrialize as a mean of accelerating economic progress; the advanced countries seeks to broaden and to extend industrialization in order to achieve ever-higher standards of living and greater economic power in the march towards industrialization, capital technology and natural resources are but passive agents. The active forces are the human agents who create and control the organization and institutions which modern industries require. They are the ones who build and manage the enterprise which combine natural resources technology and human efforts, for productive purposes†. To be able to achieve set goals a manager should create conducive atmosphere that will inspire and motivate the workers. There is therefore the necessity of building motivating factors into organizational roles; the staffing of these roles and the entire process of directing and leading people must be built on knowledge of motivation. 2. 2CONCEPTS OF MOTIVATION The word motivation has different definitions, as there are different authors. It comes from a Latin term â€Å"Movere† which means to move. Horngreen2 defines motivation as â€Å"the need to achieve some selected goals together with the resulting drive that influences actions towards that goal†. In support of the above definitions, Ifeachukwu3 sees motivation as a driving force that stimulates an individual into action. Kelly4 says that motivation has to do with the forces that maintain and later the direction, quality and intensity of behavior. While Jones5 opinion is that motivation has to do with â€Å"how behaviour get started, is energized, is sustained, is directed, is stopped and what kind of subjective reaction is present in the organization while all of this is going on. On their part, Lynn and O. Grandy6 sees motivation as â€Å"a process of stimulating employees towards the desired goal of an organization. Karn and Glimer7 say that motivation is essentially made up of two aspects – first, basic needs that individuals have and second, conscious effort to gratify and satisfy them. They see motivation as a direct behaviour to satisfy desired needs. From the above definitions, motivation can be viewed in terms of what energizes; human behaviour, how this behaviour is directed or channeled, and how the behaviour can be maintained or sustained. Since managers are often held responsible for completing the task performed by an organisation, they need to induce people to contribute their efforts to the performance of the task. They should therefore aim at the creation and maintenance of an environment for the performance of the individuals working together in groups towards the accomplishment of common objective. It is obvious that managers cannot do this job without knowing what motivates the workers. The necessity of building motivating factors into organizational roles, the staffing of these roles and the entire process in directing and leading people must be built on a second knowledge of motivation. It is evident that motivation plays a substantial part in the determination of the level of performance of employees in an organization. A manager should develop some innate abilities, which will assist him in motivating subordinates. He must be a good listener and demonstrate to the employees that he cares about hem, develop and encourage team effort etc. the manager should however realize that motivational factors cannot be generalized for every worker. In human organization, we find a number of individuals working together towards a common end, i. e. the collective purpose of the total organization. Each of these individual is bring to the work situation a different background of personal and social experiences and the demands of a particular employee makes depend not only upon his physical needs but also upon his social needs as well. Those social needs and the sentiments associated with them vary with his early personal history and social conditioning as well as with the needs and sentiments of people closely associated with him both inside and outside the work. A manager should realize that individuals differ in personality, perception, background and experience and would consequently be motivated by different motivation factors. According to Mc Farland. 8 â€Å"To understand what motivates employees, we must known something of their aims, wants, needs and values. We must also observe their actions in organizations as they try to fulfil their needs†. He also emphasized that the motivational could be: (a)The forces and influences operating within the individual such as need for increased salary or benefit. (b)Internal influences in the organization such as the organization’s structural design, company climate, and communication patter, etc. (c)External influences in the organization’s environment, which may be social, cultural, political, economic, etc From the foregoing, it is pertinent to note that a manager who realizes these differences in individual and are therefore prone to be motivated by different factors is on the right path to achieving organizational objectives. Diagram I illustrates the motivation. Need and want satisfaction chain. 2. 3THEORIES OF MOTIVATION A theory according to Koontz and O’Donnell can be defined as, â€Å"A systematic grouping of interrelated principles. Attempts to tie together significant knowledge and give it a framework†¦ In its simplest form, a theory is a classification, a set of pigeon holes, a filling cabinet in which facts can accumulate†. 9 Managers make use of organized knowledge and apply it to gain desired results. Managers theories when properly developed, proved, and used can enhance managerial efficiency and also increase efficiency in the use of human and material resources. These theories serve as a guide to managerial performance in their daily activities. Managers have a lot to gain by thorough mastery of theories particularly those bordering on motivation. They will assist him in developing ways of handling both human and non-human problems in organization. Various theories of motivation as a means of propelling workers to increase productivity have been propounded. DIAGRAM 1 MOTIVATION THE NEED WANT SATISFACTION CHAIN Source:Koontz et al (1980) Motivation is seen as involving a chain reaction, starting out with felt needs, resulting in wants or goals sought, which give rise to tensions (i. e. unfulfilled desire, then causing action toward achieving goals, and finally satisfying wants. Explaining the chain further, it should be that expected for physiological needs. 2. 4HIERARCHY OF NEEDS THEORY The above theory is credited to Abraham H. Maslow, a Psychologist. He believes that man is a perpetually wanting animal and rarely reaches a state of complete satisfaction except for a relatively short time. He sees human needs in a form of hierarchy, arranged in an ascending order from the lowest to highest. The implication of this hierarchical nature of human motivation is important for an understanding of why people behave as they do. The Maslow’s hierarchy of needs theory can be presented in a diagrammatic form thus: SELF ACTUALIZATION ESTEEM NEED SOCIAL NEED SAFETY NEED PHYSIOLOGICAL NEEDS According to him needs are arranged in the following (1)Physiological Needs; These are the basic needs for sustaining human life itself; food, clothing, shelter, sleep and sexual satisfaction (2)Security nd safety needs: These are the needs to be free from phsycial danger and the fear of loss or a job. It is therefore important that in an organization workers should be rewarded for good performance. Such reward may be material or non-material in nature. This will help to raise the morals of the workers property, etc. (3)Affiliation or acceptance needs: Since people are social beings, they n eed to belong, to be accepted by others. These are the needs for affiliation, giving and receiving affection and for friendship. 4)Esteem Need: This si the desire to be held in high esteem and to be respected by others, this kind of need produces such satisfaction such as power, prestige, status, and self-confidence. (5)Need for self-actualization: It is the desire to become what one is capable of becoming – to maximize one’s potential and accomplish something. The Lessons from Maslow Hierarchy of Needs Although researchers have raised questions about the accuracy of the hierarchical aspects of these needs, identification of the kinds of needs is useful to managers. Lawler et al (1972) researching on Maslow’s work collected data on 187 managers in two different organizations within the time span of six months to one year. They found little evidence to support Maslow’s theory that human needs conform to a hierarchy. However, they found that there were two levels of needs, viz Biological and other needs, and that the other needs would emerge only when biological needs were reasonably satisfied. They found also that at a higher level, the strengthen of news varied with individuals, in some individuals social needs predominated and in other self actualization needs were strongest. Mike Hunt EssayFrankly speaking, money is a very important factor in the life of employees of all categories, especially in the developing countries of the world as Nigeria. With money, one can buy essential goods and services. Apart from its economic value as a means of exchange for the allocation of economic resources, it also serves as a social value speaking about the importance of money as a motivator Keith Davis said: â€Å"All of us have seen its importance as a status symbol of those who have it and can thus save it, spend it consciously or give it generously. Money does have status value,, when it is being received and when it is being spent. It represents to employees what their supervisor thinks of them in more than mere economic terms. It is also an indication of one employee’s relative status compared with other employees. It has as many value so as it has possessors. †24 From the above, one can see the degree of importance attached to money as a motivator especially in this country. Maslow’s need-hierarchy theory as well as Hertzberg’s motivation – hygiene theory or Alderfer ERG theory emphasis motivation as a function of human needs satisfaction. Equity theory on the other hand draws attention to the role of social comparison in influencing satisfaction. In spite of the difference in their theories, there seems to be a consensus among the theorists that satisfactory job attitude are the function of congruence between the needs of an individual and the job situation. It is assumed that when the characteristics of a job are compatible with the needs of a worker, he will experience job satisfaction and also be motivated and vice versa. The success or failure of any organization depend son the availability of both human and material resources. If labour is properly harnesses and motivated, it would leads to the attainment of organization objectives. In order to motivate workers, job security, good working condition opportunity for growth and advancement, recognition, good supervision, promotion, comparable salary and wages, attractive fringe benefit, encouragement of interpersonal relationship, etc should not be ignored. There should be an effective manager or leader who should be able to plan, organize, control and integrate all the various factors of production to achieve a harmonious relationship. REFERENCES 1)Adam, J. S. (1965) â€Å"Inequity in Social Exchange† in L. Berkowitz (ed) ADVANCES IN EXPERIMENTAL SOCIAL PSYCHOLOGY New York Academic Press. Pg. 267-300. (2)Black Henry C. BLACK’S LAW DICTIONARY St. Paul Ministries, West 1957 Pg. 634 (3)Davis Keith HUMAN BEHAVIOUR AT WORK New Delhi: Tata McGraw-Hill Publishing Company Ltd. 1972. Pg. 458. (4)GLUECK W. F. MANAGEMENT. The Dryden Press (2nd Edition). P g. 174. (5)Hall, D. T. and Nougaim â€Å"An Examinaiton of Malsow’s Need Hierarchy in Orgnaizaiotnal Setting†. ORGANIZATIONAL BEHAVIOUR AND HUMAN PERFORMANCE. Vol. 3 No. 1 February 1968 Pg. 2-35. (6)Harbinson, Frederick H. a dn Charles A. Myers MANAGEMENT IN INDUSTRIAL WORLD: AN INTERNATIONAL ANALYSIS New York: McGraw-Hill Books Co. Inc. 1959. Pg. 3. (7)Hodgetts Richard M. and Steven and Altman ORGANIZATIONAL BEHAVIOUR Canada: W. B. Saunders Company 1979. Pg. 99. (8)Horngreen C. T. INTRODUCTION TO MANAGEMENT ACOCUNTING (4th Edition) New Delhi: Prentice Hall of India Private Ltd. 1980. Pg. 244. (9)Ibid Pg. 636 (10)Ibid Pg. 30 (11)Ifechukwu, J. A. O â€Å"Work Attitude in Nigeria† MANAGEMENT IN NIGERIA, Nigeria Institute of Management Oct. 1977. Pg. 35 (12)Jones, M. R. NEBRASKA, SYMPOSIUM ON MOTIVATION Lincoln, Nebraska University of Nebraska Press 1935 Pg. 14. (13)Karn Glimer READINGS IN INDUSTRIAL AND BUSINESS PSYCHOLOGY New York: Mc Graw-Hill Books Inc. 1962 Pg. 17. (14)Kelly, Joe ORGANIZATIONAL BEHAVIOUR (Revised ed. ) Homewood Inc. Pg. 279 (15)Koontz, H. Cyril O’Donnell and H. Wahrich MANAGEMENT Mc Graw-Hill International Books Company 1983 Pg. 13. (16)Koontz, et al op. cit. Pg. 635 (17)Lawler, E. E. Suttle, J. L. (1972) â€Å"A Casual Correlaiotn Tets of the Need Hierarhcy Cocnept†. ORGANIZATIONAL BEHAVIOUR AND HUMAN PERFORMNACE. Vol. 7 No. 2 Pp. 265-287. 18)Lynn O’Grady ELEMENT OF BUSINESS London Houghton Mifflin Company 1978 Pg. 106. (19)Maslow, A. H. A THEORY OF HUMAN MOTIVATION Pengium Books. 1970 Pg. 30 (20)Mc Farland, Dalton E. MANAGEMENT: PRINCIPLES AND PRACTICES London: Collier-Macmillan Ltd. 1970 Pg. 377. (21)Mc Gregor Douglas THE HUMAN SIDE OF ENTERPRISE New York: McGraw-Hill International Books Co. 1960. Pp. 33-48. (22)Nwokoye N. E. , Ahiauzu L. INTRODUCTION TO BUSINESS MANAGEMENT Macmillan Pub. Ltd. , London 1987. Pg. 64 (23)Schaffer, R. H. â€Å"Job satisfaction as Related to Need satisfaction in work†. PSYCHOLOGICAL MONOGRAPHY (1953) Vol. 67 No. 4 Pg. 3 (24)Steers Richard M. and Lyman, W. Porter MOTIVATION AND WORK BEHAVIOUR Mc Graw-Hill Book Co. 1983 Pg. 29. (25)Weick Karl E. (The Concept of Equity in the Perception of Pay†) ADMINISTRATIVE SCIENCE QUARTERLY (1966) Vol. 11 Pp. 414-439. CHAPTER THREE PROFILE OF NIGERIAN PORTS AUTHORITY 3. 0INTRODUCTION Nigerian Ports Authority has been chosen as the area of study of this research and there is no how his research can be comprehensive without a brief account or discussion as to the establishment, corporate objective, corporate functions activities, divisions or departments, problem e. t. of N. P. A. In other words, this chapter is dedicated towards a brief account of the Nigerian Ports Authority (N. P. A. ). STATUTORY LAW The Nigerian Ports Authority was born on the 1st of April 1955 through the Port Act of 1954 out of what was then generally referred to as Nigerian marine. Prior tot his time and even before the evolution of modern Nigeria, the wide coast land stretching from Lagos to Port Harcourt had been a beehive of activities involving Africans and Europeans. Since when the 1st maritime contact was established between the West African sub-region and Europe in the 15th Century, a symbolic trade relation developed. The Bright of Benin, was opened up by John d-Aveiro a Portuguese in 1845. Captain Wyndham of Great Britain jointed the fray in 1553. But of all these, it was McGregor Liard a Britain, that got the credit of laying the foundation of modern shipping in Nigeria. After he had captained the first iron steamer to the Niger Delta Coast of Nigeria in 1832 he went a step further to establish the African Shipping Company in 1849. However, the year 1906 was symbolic in the evolution of Nigerian Ports Authority (N. P. A. ) as it was in that year hat Nigerian marine was created and charged with the responsibility of ports in Nigeria. The Nigerian marine dominated the scene for about 48 years before it metamorphosed into the Nigerian Ports Authority. The idea for the establishment of a central organization for ports administrations was mooted in the 1930s. But outbreak of the 2nd world war (1939-1945) prevented the crystallization of that idea. However in 1953, the project emerged when the governm ent issued a statement of policy on the establishment of the new ports regulatory body. On March 24, 1954, the Nigerian House of Representative passed the Port Act 1954 but the commencement date of operation was pushed to April 1st 1955 when Nigerian Ports Authority finally came into being. ZONAL DEVELOPMENT AND ALLOCATION PORT Following the establishment of Nigerian Ports Authority and the eagerness to commence full operation coupled with the zeal to making efficient and effective use of the abundant provision of coastal area, the Authority was divided into three zones viz: (1)Western Zone: Made of Apapa Port Complex, Tincan Island Port, Roro Port, and Inland Container Depot Ijora with Apapa as its headquarters. 2)Central Zone: Comprising Warri Port, Sapele Port, Koko Port, Burut Port, Aladja Steel Jetty, Escarvos, Forcados and Pennington Oil Terminal, Warri is the headquarters. (3)Eastern Zone: Has Port Harcourt Port, Federal Ocean Terminal, Federal Lighter Terminal, Okrika Refine Petroleum Oil Jetty, Crude Petroleum Terminal of Bonny, Brass, Qua-Iboe and Antan, and C alabar Port. Port Harcourt is its headquarters. FEATURES OF THE PORT ACT Some of the salient features of this Act were: (i)Terms, power and functions of the Authority ii)Power to the head of state to appoint ports. (iii)Establishes the Authority as a body corporate with perpetual succession name and to acquire and hold and dispose funds. (iv)Powers and functions of the respective officers of the Authority and Minister of Transport in relation to the body (v)Transfer of assets and the power of acquisition of their assets. (vi)Staff employment and discipline (vii)Details of financial provisions (viii)Provisions on land (ix)Authority to employ harbours masters and define their powers. (x)Regulate wharves and premises xi)Covers rates, dues, levies and who is liable for payment CORPORATE FUNCTIONS The statutory duties and major functions of the organization are:- (i)It is charged with the responsibility of providing and operating such cargo handling and quay facilities as may appear to t he organisation to best serve the public inertest in all Nigerian Ports Authority (ii)Charges with the responsibility of maintaining, improving and regulating the harbours and approaches there to in all ports of Nigeria presently open to Ocean going vessels and in such other ports as may be designed from time to time. iii)Charged with responsibility of dredging to desired depots and providing as well as maintaining pilotage services, lightly, lighthouse, buoys and other navigational aids in Nigerian Ports. (iv)Charged with the responsibility of carrying on the business of carrier by land or sea Stevedore, Wharfinger, warehouse/man or lighterman or any other business recommended or desirable for the purpose of the organization. (v)Responsibility of acquiring, constructing, manufacturing or repairing anything required for the purpose of the organization. Corporate objectives Having attained this high status, and bearing in mind the numerous responsibilities bestowed on it, the organisations et for its appropriate objective’s are as follows: (i)Making provision and operation of port facilities in Nigeria its dominant business. (ii)Expanding into new and related areas of activities or areas that are logical development of the skills. (iii)To manage the workforce as a resource and not merely as a cost. (iv)To be more customer oriented and therefore to open up and streamline its management structure as part of a larger effort to listen and respond to customers need. v)To offer neighbouring land locked countries unimpeded access to the sea. (vi)To corporate with neighbouring ports in the provision of common services (vii)To optimize the generation of sufficient offshore revenue. (viii)To maintain a credit worthy posture and attractive to national and international investors. (ix)To reform and modernize dock work in order to bring industrial harmony to the dock industry (x)To explore the possibility of attracting reputable international organization as technical parties. CHAPTER FOUR PRESENTATION AND ANALYSIS OF DATA As mentioned earlier, this research study focuses attention on the motivational factors as they affect all the members of staff of Nigerian Ports Authority (NPA). In analyzing the data, however, simple percentage was applied. Table 1:Distribution of Questionnaires CadreTotal NoNo. ReturnedNo. Properly DoneNo. Not properly Done Senior Executives Junior Executives Junior Staff9 10 517 9 487 8 35- 1 13 Total70645014 Percentage100917822 Table 1 shows that 64 or 91% of the total questionnaire was returned, out of which 50 or 78% was properly answered and the rest 14 or 22% not properly field. Therefore our analysis was based on the 50 or 78% properly filled questionnaires. Table 2:Age Distribution of Respondents Cadre9 or -20-2930-4445-80Total Senior Executives Junior Executives Junior Staff- 6 184 2 93 87 8 35 Total-24151150 Percentage-484022100 The above table shows that none of the respondents is under age of 20 years, while 24 or 48% and 15 or 30% falls within the sages of 20-29 years and 30-44 years respectively. The remaining 11 or 22% are above 45 years. This confirms that over 80% of the population falls within the main workforce while none is under 20 years. This may be due to the fact that the data was based on the number of respondents even though there were students on National Youth Service Corps programme in the company premises. Table 3:Marital Status of Respondents CadreSingleMarriedDivorced/ separatedWidow/ WidowerTotal Senior Executives Junior Executives Junior Staff- 3 197 4 16- 1 -7 8 35 Total22271-50 Percentage44542-100 Table 3 indicates that 22 or 44% are single, 27 or 54% are married and 1 or 2% divorced/separated none of the respondent is a widow/widower. Majority of them are married therefore susceptible to matrimonial responsibilities. Table 4:Sex Distribution Of Respondents CADREMALEFEMALETOTAL Senior Executives Junior Executives Junior Staff6 5 91 3 68 35 Total401050 Percentage8020100 The table shows that 40 or 80% re males while 10 or 20% are females. It implies that there are more male employees to female ones in the company. Table 5:Educational Attainment of Respondents CadrePry. SixWASC/GCEHSCB. SCHigher DegreeTotal Senior Executives Junior Executives Junior Staff- 1- 23- 1 25 6 -2 1 -7 8 35 Total1023311350 Percentage20466226100 The table portrays the educational qualification of staff. 0 or 20% have just Primary School Certificate, 22 or 46% are Post Primary School certificate holders while 3 or 6%, 11 or 22% and 3 or 6% have ordinary diploma/advance level certificates, graduate and postgraduate certificate. A closer look at the entire table reveals that executive staffs are graduate while junior staffs are not well educated. Table 6:Length of Service of Respondents CadreUnder 5 years6-12yrs13-19yrsOver 20 yrsTotal Senior Executives Junior Executives Junior Staff1 3 104 3 111 1 121 1 27 8 35 Total141814450 Percentage28362818100 A look at this table indicates that 14 or 28% of the company staff have worked for less than 5 years. 18 or 36% for 6-12years. 14 or 28% for 13-19years and 4 or 8% have worked for over 20 years. This category demonstrates that most of the respondents have stayed long enough in the service to fully understand all the prevailing motivational factors as they affect them. Table 7:Length of Service of Respondents CadreVery GoodGoodFairPoorTotal Senior Executives Junior Executives Junior Staff1 -4 5 62 3 10- 197 8 35 Total115151950 Percentage2303028100 In response to the question of how the workers viewed their job in terms of satisfying their aspirations, 1 or 2% gave a very good response, 15 or 30% gave a good response, 15 or 30% gave a fair response and 19 or 38% gave a poor response. A total of 34 or 68% are not satisfied with their working environment and a total of 16 or 32% are satisfied with their working conditions. Table 8:Data collected on significant impact of condition of service on motivation CadreYesNoTotal Senior Executives Junior Executives Junior Staff6 8 301 57 8 35 Total44650 Percentage8812100 The table shows that 44 or 88% accepted while 6 or 12% rejected the condition of service. It implies that the respondents will be motivated by an improved condition of service even though a great majority of staff approves the condition of service offered them, which is already in existence. Table 9: Data collection on motivation of increase in salary and fringe benefit CadreYesNoTotal Senior Executives Junior Executives Junior Staff7 8 35- -7] 8 35 Total50-50 Percentage100-100 As indicated in this table, al the respondents agreed thtas an increase in their salary and fringe benefits would motivate them. It is not surprising that the entire respondents supported the motivating influence of increase in salary and fringe benefits. In the world over, people lay a high premium on the monetary benefits accruing to them from work. This does not only determine their social standing in the society but also accounts for their material well-being and standard of living. Table 10:Data collected on motivation of boss/subordinate Relationship CadreYesNoTotal Senior Executives Junior Executives Junior Staff4 4 253 4 107 8 35 Total331750 Percentage6634100 Table 10, which probes into relationship between bosses and other workers, is very revealing. The responses of the staff are that 33 or 66% of the total number responded positively while 17 or 34% indicated a negative response. A good boss or leader should be able to build into work environment a harmonious relationship that promotes rapport, understanding and proper orientation. It should therefore provide the necessary guidance, clarity of direction and rewards necessary for effective performance. These elicit good relationship between bosses and subordinates Table 11:Data collected on relationship with colleagues CadreYesNoTotal Senior Executives Junior Executives Junior Staff5 5 232 3 127 8 35 Total331750 Percentage6634100 In response to the data collected above 33 or 66% see such a relationship as a motivating factor while an insignificant number of 17 or 34% did not identify with such a motivating factor. There is obvious need for workers cordial relationship or friendly atmosphere to prevail in wok situation. Table 12:Data collected from respondent on participation in setting objectives in department CadreYesNoTotal Senior Executives Junior Executives Junior Staff7 8 4- 317 8 35 Total193150 Percentage3862100 From the above table 19 or 38% are of the view that they participate in setting objectives in their various departments. A closer look at the table shows that all the executive staff takes part in decision making, while a significant number of 31 or 62% of the junior staff do not. Table 13:Data Collected on Job Satisfaction CadreYesNoTotal Senior Executives Junior Executives Junior Staff5 4 122 4 237 8 35 Total212950 Percentage4258100 In respect of satisfaction derived by workers on their job, 21 or 42% of the staff agrees that it offers them the satisfaction they need while 29 or 58% indicates that it does not offer them the satisfaction they need. Table 14: Data Collected On Provision Of Accommodation As A Motivation Factor CadreYesNoTotal Senior Executives Junior Executives Junior Staff7 8 35- -7 8 35 Total50-50 Percentage100-100 It shows that 50 or 100% of the shapely size indicated that provision of accommodation will motivate them. It implies that provision of accommodation is a great motivation due to the perfect response it generated. Table 15: Data On Provision Of Transportation CadreYesNoTotal Senior Executives Junior Executives Junior Staff7 8 25- 107 8 35 Total401050 Percentage802080 The question of company providing the staff with transportation shows that 40 or 80% responded positively while 10 or 20% gave a negative response. From the table, it implies that most of the junior staff are provided with transportation. The 10 or 20% who gave a negative response are those that do not use the company staff bus wither due to the nearness of their homes and or that the staff bus do not ply their areas. Table 16:Data Collected From Respondents On Medical Facilities CadreVery goodGoodFairPoorTotal Senior Executives Junior Executives Junior Staff- -7 15- 4 20- -7 8 35 Total-2624-50 Percentage-5248-100 Table 16, shows that the provision of medical facilities is fairly good by the rating of the respondents. A total of 26 or 52% indicated that it was good. 24 or 48% showed it was fair. None of the respondent agreed that it was very good or poor. The dictum that health is wealth hold always and this should account for why proper attention should be diverted to the provisio n of a good health delivery system for the entire staff of the company. Table 17: Data Collected On General Welfare Services CadreYesNoTotal Senior Executives Junior Executives Junior Staff7 8 35- -7 8 35 Total50-50 Percentage100-100 The entire responses to whether the provision of general welfare services would increase their level of productivity were uniform. All the three segments gave a positive response of 50 or 100%. There is no doubt that adequate provision of welfare facilities will act as a motivator on the employees. Table 18: Data Collected From Respondents On Car Loan Scheme CadreYesNoTotal Senior Executives Junior Executives Junior Staff5 7 -2 1 -7 8 Total12315 Percentage802080 Majority of the respondents admitted that efficient administration of car loan scheme would act as a motivating factor. 12 or 80% gave an affirmative response while 3 or 20% did not see the loan as having a motivating influence. The table shows that the sample class for this question is the junior and senior executives. In view of transportation problem in Lagos, the efficient administration of the loan wil no doubt relieves a great burden on workers. This is however compounded by the astronomical increase in the prices of cars. Table 19: Data Collected From Respondents On Promotion CadreYesNoTotal Senior Executives Junior Executives Junior Staff7 8 35- -7 8 35 Total50-50 Percentage100-100 All the respondents admitted that they would be

MONOPOLY AND ALLEGATIONS OF MICROSOFTS MONOPOLY IN THE SOTTWARE INDUSTRY

Discuss the Role of Enzymes in Dna Replication Essays

Discuss the Role of Enzymes in Dna Replication Essays Discuss the Role of Enzymes in Dna Replication Essay Discuss the Role of Enzymes in Dna Replication Essay DNA is the key for our genetic apperance. DNA is a double stranded and is formed by blocks of nucleotides. Nucleotides each consist of three parts. A phosphate, a pentose sugar (deoxyribose) and a nitrogenous base. The nitrogenous bases carry the information for proteins which are needed in our body to function properly. Proteins are made according to the nitrogenous bases. When DNA replicates, its extremely important that it is copied exactly. If its not the protein which is produced according to the nitrogenous bases. DNA replication process starts with unzipping the original strands by breaking the hydrogen bonds between base pairs which are connected according to a certain rule. Adenine bonds with two hydrogen bonds to Thymine, while Guanine bonds with three hydrogen bonds to Cytosine. Double ringed nucleotide bases are Adenine and Guanine which are called Purines, and single ringed nucleotide bases are Pyrimidines that consist of Thymine, Cytosine and Uracil. During the process of helicase breaking the hydrogen bonds between the two strands of the double helix structure of DNA where it forms a replication fork, Gyrase releases the tension in the strands by relieving twist at swivel points. The enzyme RNA polymerase (or primase) makes a piece of a RNA which is called a primer) against to the exposed DNA. Then DNA polymerase causes free nucleotides (from digested food) to bond to the exposed DNA bases adjacent to the primer and so form a new side of DNA called the leading strand. Nucleotides can only be added to the 3 end so on the leading strand they can be added one at the time. DNA polymerase always reads along the parental strand in a 3 to 5 direction , therefore the new DNA strand grows in a 5 to 3 direction. Two strands of the DNA have different beginnings and endings, thus its structure called anti-parallel. The other original strand, running 5 to 3, must be copied in short fragments (Okazaki fragments of approximately 1000 bases) and is called the lagging strand. DNA polymerase cant begin a new DNA strand from 5, therefore RNA polymerase (or primase) needs to make several primers (pieces of RNA). RNA polymerase replaces Thymine with Uracile, but Uracile is not acceptable in a DNA strand. Therefore it needs to be replaced. DNA polymerase replaces the piece of RNA primer with DNA nucleotides. This happens in both the leading and lagging strands. The new nucleotides and Okazaki fragments are joined into a strand of DNA by ligase and the process is called ligation. As a result two identical strands of DNA are produced. The process of DNA replication is semi-conservative because one side of the replicated DNA is new while the other half is original DNA.

Specialty Hospitals and Community Hospitals Essay

Specialty Hospitals and Community Hospitals - Essay Example For instance, some cardiac hospitals had a tendency of treating cases that were more profitable as compared to the cases that community hospitals dealt with, whilst there was no conclusive determination as regards specialty hospitals dealing with surgical cases. Another realization of this analysis was the higher satisfaction from patients who received their treatment from specialty hospitals compared to other hospitals (Li & Wang, 2008). The conclusion drawn from this study was that specialty hospitals delivered care that was less uncompensated. However, the compensation of these costs came from payments done to corporate and property income taxes. Another mode of compensation was the failure to receive a disproportion share of hospital payments. On the other hand, the department of health concluded that some physicians usually referred patients to their private hospitals whilst still taking emergency calls from their departments in order to maintain their bases for referrals. These studied failed to identify a significant impact differential on both utilization and quality, and as such, recommended a modification on the prices of DRG in order to reflect costs much closely, as well as, eliminating any incentives provided. According to the studies and reports, it was impossible for MedPAC and the department of health to come up with a conclusive decision about the performance and activities of specialty hospitals. However, it was necessary to come up with a solid decision in order to determine the right position of specialty hospitals within the community. For instance, the CMS came up with certain decisions at the end of August 2006. It decided to follow up the recommendations made by the MedPAC in order to revise payments made to DRG for them to be much closer to other hospital costs as compared to hospital charges. In addition, it also seconded the proposed rule whereby specialty hospitals were to accept transfers of patients

The Australian Government and Reserve Bank Assignment

The Australian Government and Reserve Bank - Assignment Example The main purpose behind the development of such type of an economy is to ensure the availability of opportunities for every Australian citizen for their future success (Key Achievements, n.d). The Reserve Bank of Australia started operating as the central bank of Australia on 14th January 1960. The main purpose of the Australian Reserve Bank is to â€Å"conduct monetary policy,† maintaining a strong economic system and issuing currency of the nation (Reserve Bank of Australia, 2011). The paper seeks to examine the performance of the Australian government and Reserve Bank of Australia in the past two with emphasis on their macroeconomic policies. How successful have the Australian Government and the Reserve Bank of Australia has been in running the Australian economy over the last two years? The time when most of the major powers like UK and USA were suffering due to the recession, the Australian economy was growing at a rate of 0.4pc in the first quarter of 2009 according to t he Australian Board of Statistics. There was even a rise in its GDP. Source: Keep Australian Government The only thing that might put the Australian economy at the backseat was the growing rate of unemployment and it needed immediate attention (Malkin, 2009). Thus when the Labor Party came into power it was expected from them to design their policies in such a way so as to bring more improvements for the economy and also reduce the rate of unemployment. In the department of health, the Gillard Government had signed a number of health reforms with all the States and Territories in order to secure the health of the Australians in the future. This agreement will be a boon for the economy as it will provide the funds required for the public hospitals, one can expect greater levels of â€Å"transparency and accountability† and less waiting for the patients. As a result of the above health reforms one can see that hospital funding has increased by over 50 percent. Around $ 1.5 bill ion have been injected in the emergency departments. Plans for the aged section of the population have increased by 10,000. In order to ensure availability of medical facilities in the rural areas incentives and bonuses are being given to the doctors (Health Reform, n.d). Though the health reforms were meant for the whole economy yet it lacked a â€Å"common architecture binding policy† attitude. Increasing health care costs have proved to be a factor responsible for lack of health care facilities among the indigenous Australians. Apart from that there has been the problem of lack coordination and content (Gillespie, 2011). The Gillard government has made efforts to make every school a great school because they believe that proper education is very important for increasing a person’s potential and also for increasing the wealth of the nation in future. Accordingly policies were designed in such a way so as to ensure uninterrupted flow of quality education. Funding for education continued, existing Education Tax Rebate was expanded; $3.1 million was to be spent in the next two years in order to establish National Trade Cadetships and many more (Schools Policy Analysis, 2010). As global warming as become an important issue all over the world, the Gillard Government has taken steps to ensure a safer environment for the Australians. The government’s Clean Energy Future Package is considered to be an important economic

The operation of your State Disaster Management System and its new Essay

The operation of your State Disaster Management System and its new state of the art Emergency Operations Center - Essay Example What would we do? Or maybe what could we do? Thus, if in the manner that we cannot prevent things to happen, then what we can do and must to is to be ready and prepare ourselves in any calamity that comes into our way. What matters during these times would be our lives and that we must know how to take care of ourselves up to the point that we can be at ease to our security. One of the most basic yet effective ways would be self-preparedness because even though we are already in the era of advance technologies, we cannot still rely on these most of the time and consider this as our secondary option, so to speak. There are times that the government was delayed in rescues and we cannot deny the fact that there are flaws also in the materials being used. There are also cases regarding these like for example the Dumas, Arkansas Tornado wherein the Federal Emergency Management Agency (FEMA) does not supply enough quality trailers needed. One of the most efficient and effective method used that was observed is the people empowerment method educating the citizens to manage themselves in times of calamities and disasters. What we do in here is to give free seminars, actual-case demos, the do’s and don’ts and first aids lectures to ensure maximum security of the citizens. In this way, they are at least competent to manage themselves and that these will help them a lot in times of troubles. People Empowerment Under our law, there two main agencies that are in-charge of management disaster control namely: the Federal Emergency Management Agency (FEMA) under the Executive cabinet of Department of Homeland Security (DHS); and the Center for Excellence in Disaster Management and Humanitarian Assistance (COE) that was established by the US Congress. In line with the DHS, the Citizens Corps (a voluntary organization) seeks to mitigate disaster and prepare the population for emergency response through public education, training, and outreach. What our state do is to give seminars and actual-case demo to at least make our citizen prepare when an unexpected things occurs. We target the youngsters in schools and teach them what they would do in times of calamities. An example would be earthquake drills, first aids and alike. We target class rooms and young people because these are the ones that mostly freak-out when disasters happen. Also, in school or university, we expect a massive population in which students outnumbered the school staff. Thus, they must know what they do to avoid things that could make the situation worst. One thing that we aim is to evade circumstances like stampede during evacuation in times of earthquake. We educate the people to know their responsibility and make them cooperate to make our disaster management system work in its full level. Moreover, we highly recommend the people to update themselves of the weather condition that the state has to prepare the things that they will need if worst cases happen. We do not st op in people empowerment alone, though we consider this as one of our best option in disaster management, still we equip our state with facilities that could easily reach out our people and backed them up to maximize their protection. We used the latest tools and gadgets that are known to be more efficient in recuing other people. The mobile emergency response support that is responsible to provide information regarding

Social Problems: Causes and Solutions

Social Problems: Causes and Solutions Introduction Sociology seeks to discover, describe and explain the order which characterises the social life of man (Inkeles, 1964 cited in McNeil and Townley, p.21).Various attempts have been made to define social problems; however there is no adequate definition of social problems. Birenbaum and Sagarin defined social problems as, ‘’ A social problems exists when the collective society is rent by, at the very least a public recognition that there is a sector of society, represented by its practices, which threatens or prevents others or themselves from establishing or maintaining their claims to membership’’ (Birenbaum and Sagarin, p.16). Rubington and Weinberg, offers their own definition of social problem as, ‘’an alleged situation that is incompatible with the values of a significant number of people who agree that action is needed to alter the situation’’ (Rubington and Weinberg, 1989 p.4). The definition of any problem as a social probl em, means that it is a problem that requires that affects society as a whole and needs society to come together to deal with the problem (May, et al eds 2001 p.17) Social problems are approached from a constructive perspective and a realist perspective. Saragu develops a social constructive approach to the intersection of social divisions and policy, Bucchi on the other hand develops an introduction to the post structuralist critique of problem and policy centred approach (May, et al eds (2001 p.13). Constructive perspective of social problems looks at social problems three main aspects; namely the society constructs as a problem, the contested character of social construction and the changing character of social construction (May, et al eds 2001 p.8) A realist perspective looks at social problems as real problems that exist and which everyone agrees to their existence and requires explanation. The constructive perspective on the other hand, looks at social problems as a constructio n of society. The question they ask is who says there is a social problem what sort of social problem, do they say it is (May, et al eds (2001). The main issue between the different perspectives of social problem is whether social problems are factual and objective for sociologists to investigate and explain. This essay will look at social problems and the difficulty of solving them. I will start by looking at common factors relating to social problems. Common factors relating to social problems All social problems are prone to a number of different definitions and interpretations. The journalist looks at a social problem from a perspective different from that of a sociologist or a philosopher. The journalist may report a problem in a certain manner, there by actually exaggerating the real problem and causing further alarm in the society. Sociologist will interpret a social problem from a different perspective. Different explanations of social problems are another common factor relating to all social problems. People usually do have different explanation why social problems occur. Society is always looking for whom to blame for a social problem. They always attribute the cause of a problem to the individual, family or the government. How a problem is presented, is another common factor relating to social problems. The press do play a role in this regard. Journalists are interested in sensational news which they feel will interest the public. Issues are termed social problems, when they are brought to the knowledge of the public and they become part of the public discourse Professional intervention is another fact common to social policies. Professionals in our society are quick to label people, that they believe do not conform to ‘standard normal behaviour’, they more often than not marginalise such people and segregate them, (e.g.) special schools, special needs. The victims view point is another factor that is common in all social problems. There is a world of difference between the way a victim sees himself and the way society views him. Society stereotypes certain people. We all have our prejudices, knowingly or unknowingly. The way the society views homeless people is different from the way homeless people view themselves. Finally, how to find the solution to social problems is an element that is common to all social problems. There is no generally accepted way, social problems can be solved. Some solutions can be very complex, while others appear straight forward. Anti Social Behaviour Order (ASBO) was introduced as a straight forward solution to deal with anti social behaviour. However, many young people now regard ASBO as a badge of honour (The Guardian, Monday November 6 2006). To tackle the issue of juvenile crimes and ethnic groups will require complex situations. Causes of Social Problems Generally speaking a perspective means a way of looking at things. I will now briefly look at the causes of social problems from different perspectives. I will first look at the individual perspective. Some commentators argue that criminals were abnormally conditioned by biological and environmental factors (Rubington and Weinberg, 1989 p.33). Others however argue that causes of social problems are due mainly to the society/ environment and not due to the physiological make up of individuals. However, certain actions of individuals or groups are so glaring that they causes of social problems are directly attributed to them. Another reason why social problems occur is due to peer group or family pressure. Disagreement between individuals or groups in a society can also lead to social problems. This is called the interaction perspective. Fall out between different cultures and religion in a society is a reason why social problems occur. People are usually influenced by their culture and religion. Some people are very fanatic in their views and believe and see some one of a different faith or race as different from them. This can to a lot of social problems. Social structures are the very basic foundation of any society, and it is a major reason why social problems occur. Some individuals or group might feel excluded from the social, economic or political structures of society. The social structures of society might be designed in such a way that they shut off or marginalise certain segments of their society, usually minority groups. Added to this is that government interferences and policies, might cause social problems, as they may favour certain segments of the society while excluding others. Examples of Social Problems Poverty Poverty has so many definitions. Poverty is powerlessness. It has so many faces and it is changing from place to place and across time (World health Organization, 2001). Absolute poverty is disenabling. It means that one can not afford the basic human requirement. By this, I mean that it robs one of many things in life, including his dignity and pride. Relative deprivation means that one is not keeping up with the standards in a given city. Poverty is one of the major reasons why people are excluded from the political, social and economic structures of society (Maxwell and Kenway, 2001). Poverty is usually constructed by a distinction between normal people, and those that are poor. The constructive perspective of poverty does not deny the existence of poverty, but that only some people at some time and in some place will be labelled as being in poverty May, et al eds 2001 p.7) A realist perspective will look at poverty as objectively describable and will attempt to offer an explanati on. Juvenile delinquency Juvenile delinquency is a complex, serious problem. The cause of this problem includes peer pressure and the failure of our social structures, among others. However it is not a new phenomenon. In 1880, the penologist Enoch Wines, wrote, ‘’ Delinquent children, the criminals of the next generation, must be prevented from pursuing their criminal carers; they are born to it, brought up to it. They must be saved’’ (Wines, 1880, p.132 cited in McNeil and Townley, p.21-27). We can not overstate, the fact that Juvenile delinquency is a huge social problem today. The government have tried to deal with it, with legislation, cumulating in the crime and disorder Act 1998, Anti Social Behaviour Orders (ASBO) and parenting orders. However, the media seem to be giving a lot of attention to delinquent youths and portraying them as monsters and race and gender issues have not adequately been looked in to. There is also a difference of opinions on how the problem can be sol ved. The realist perspective will acknowledge the existence of the problem, while a constructive perspective, will view it as a construction of society. Ethnicity and Social problems Ethnicity generally refers to a group’s attachment to a particular area and sharing a peculiar way of life. Racism is when a group of people are treated differently because of their colour. There have been ethnic and racial problems in our society. The media have played a part in upping ethnic tension in the UK. Race riots have flared in some parts of the UK. There have also been reported increases in race attacks. Our institutions, particularly the police and the media have been branded institutionally racist. People from ethnic minority are more likely to be stopped and searched by the police and they are more likely to be socially, economically and politically excluded, more than white people. They are also more likely to be projected as social problems. The cause of ethnic tension is usually an unfounded fear that diversity is a threat to the dominant group in society. The realist perspective will acknowledge the existence of this problem and will seek an explanation for i t. The constructive perspective will view the issue as a construction by society. Single parents Single parents are a social phenomenon now regarded as a social problem because they are believed to have an impact on our values. They tend to impact directly on society, socially, economically, and ideologically. Single parents become a problem, when they cost the state a lot. A good number of single parents depend on state benefits. Fathers are usually absent, and do not contribute towards the upkeep of the children. The social cost of absent fathers can not be overlooked (Dennis and Erdos, 1993). The government have put in place legislation namely the 1989 Children’s Act and the 1991 Child Support Act to deal with the problem. Conclusion Social problems are hard to solve. They seem to be ingrained in the complex web of unwanted state intervention, reckless forms of individual behaviour and economic factors. Social problems have no commonly accepted forms of definition, but they all have common factors that relate to them. In the problems that I listed above, they are all seen from different perspectives and given different explanations. It depends on who is viewing the problem. The media and the government also contribute to making social problems hard to solve. Some social problems might be downplayed and others blown out of proportion. Some times the intervention of the government and experts may worsen a problem as they tend to look at the problem form their own point of view, without taking the point of view of individual or groups suffering the problems directly in to consideration. Individuals can also make social problems difficult to solve. They may mislead the government by providing incorrect data. Economic factors do play a part. The government might not see some social problems as a top priority for them to solve and thus will not earmark enough funds to tackle the problem. Sometimes, the government may not have the political will to solve certain social problems. Some social problems are interwoven in to our social, political and economic structure, that to solve them, we will need to dismantle our entire structure. Finally, there is no generally accepted way to solve social problems. Some solutions appear easy, while others appear complex, but you can not be certain, that the proffered solution will solve the problem. Bibliography Bilton et al eds (2002) Introduction to Sociology, Fourth Edition, Macmillan, London Dennis, N and Erdos, N (1993) Families without fatherhood, Institute for the study of civil society, London Downes, D Rock, P (1995) Understanding Deviance, Oxford University Press, New-York Fulcher, J Scot, J (2006) Sociology, Third Edition, Oxford University Press, Oxford Levin, J, Innis, K, Carroll, W Bourne, R (2000) Social Problems, causes, consequences, Interventions, Second Edition, Oxford University Press, new-York Maxwell, S and Kenway, P (2001) The Challenge of Ending rural poverty, Oxford University Press, Oxford May, et al eds (2001) Understanding Social problems, Blackwell Publishers, McNeill, P Townley, C (1986) Fundamentals of Sociology, Second Edition, Hutchinson, London Raab, E Selznick (1964), Major Social Problems, Paterson and Company, Evanston, Illinois Rubington, E Weinberg, (1989) The Study of Social Problems, Fourth Edition, Oxford University Press, Oxford Rubington, E and Weinberg, M (1989) The Study of Social Problems, Oxford University Press, New-York Spector, M Kitsuse, J (2000) Constructing Social Problems, Transaction, New-Jersey Pop Art Movement: A Summary Pop Art Movement: A Summary Pop Art: A Reactionary Realism by American art critic Donald Kuspit underscores his view that to the extent that Pop-art was was a realistic movement, it ridiculed expressionism and was politically reactionary due to the fact that it approved? Of art on the status quo? By embracing? And celebrating Images of American mass media and popular culture. (Walker 2009) In attempt to bring art back into American daily life, the Pop-art movement depicted elements of popular culture by using common everyday objects, chiefly advertising and product packaging, television and comic strips. The images are portrayed with a blend of humour, criticism and irony. Through this, the movement ascertained the position of art into everyday and contemporary life. It assisted in decreasing the gap between high art and low art and abolished the distinction between fine art and commercial art methods. The Pop-art movement rebuffed the abstract style because of its cultured? And aristocratic nature. (World Wide Art Resources 2009) It was during the 1980s that there was a renewal of interest in the Pop-art of the well known Andy Warhol and contemporaries, this resurgence of interest was known as neo-Pop. Adapted from its forefathers, contemporary Pop-art consists of a reworked form; a revival of identifiable celebrities and objects from popular culture with icons and symbols of the current times. (Art History Archive n.d.) Contemporary Pop-art lends from the past, maintaining the critical evaluation of Western culture, relationships, values and interactions. It frequently satirises celebrities and candidly embraces ideas that are challenging and controversial. Although the bombardment upon society of Popular culture and advertising has become significantly greater since the Pop-art movement began, I believe that the critiques of Pop-art are not appropriate to the original nor the contemporary Pop-art scene. Pop-artists artists have continually been engaged in a crucial dialogue with mass culture. They are noted for exploiting these increasingly despised images of mass culture in order to facilitate the critical examination of the effects of consumerism on human thought, emotion and creativity and challenging our assumptions about the purpose and identity of art in a world inundated with media images and messages (University of Virginia 2006), as the following examples by contemporary artists will demonstrate. (expand on this?) Jeff Koons is perhaps the most renowned Pop-artist of the current day. He addresses societys fixation with Pop culture and counteracts the division between appearance and reality, surface and depth, and art and commodity (reword more?)Koons forms his art pieces on consumer products and manipulates everyday objects in order to overemphasise mass-produced cultural objects while uncovering the nuances of marketing. In difference to his 1960s forbearers, Koons desire is to remark on societies psychological investment in consumerism and how these consumer products are fabricated to allure. (Art Knowledge News n.d.) Jeff Koons first exhibition was titled Equilibrium, which was displayed in 1985. One of the defining features of this decade was the forceful growth of consumerism. For this exhibition he produced a series of works displaying consumer items in glass cases. In Three Ball Total Equilibrium Tank (Fig 1), three basketballs were suspended in a glass case, surrounded by authentic Nike posters displaying basketball players in positions of power. The posters in the work represent sport as a means to achieve fame and fortune for young working-class Americans. The posters almost exclusive use of black athletes not just as stars, but in roles associated with elevated power and respect is a comment on the traditional social system that in reality refutes this power or respect to a large majority of African-Americans. According to Koons, the suspended basketballs also suggest death and fame, the ultimate states of existence. (Tate Collection n.d.) Koons Made in Heaven (Fig 2) series is a collection of overtly sexually explicit photographs and sculptures featuring the artist in moments of sexual passion and intimacy with his then pornstar wife Cicciolina. The exuberant images were first displayed during the 1990 Venice Biennale, among more conventional forms of expression. The series produced both shock and excitement among audiences, and stirred much controversy in the art world with a scandalous subject matter that pushed the limits of twentieth century censorship. Although pornography has been a widely acknowledged aspect of society, it deemed controversial because it is a form of Popular culture that was and still remains taboo in polite company. Koons is notorious for testing the boundaries of acceptable taste; his intention in Made in Heaven was to critically examine love, romance and sexual desire, involving the viewer by making them a contributor to the artwork, as most pornography necessitates an outside viewer to be c lassified as such. (Christies 2009)The Made in Heaven series was also in part a response to The Expulsion from the Garden of Eden, by the fifteenth century painter Massacio. Koons remarks, In The Expulsion, theres all this guilt and shame that were on Adam and Eves faces, and I wanted to make a body of work that was about guilt and shame and the importance of removing that, so that people could have transcendence over guilt and shame in their own history. (Nance 2010) Made for part of his Banality series, is Michael Jackson and Bubbles (1988) (Fig 3), a six feet long ceramic gilded white and gold statue depicting mega Pop-star Michael Jackson with his pet monkey Bubbles, immortalised as cultic and sacred personalities in an idealised state. Its initially blatantly kitsch appearance gives way to reveal its hyper-realistic approach to evoke the fragility of modern days most eminent star. The situation illustrated in the piece deals with societys idolisation and the ever more bizarre media narrative of Michael Jacksons life. Koons states, It really wasnt so much about Michael Jackson. It was about celebrity status, and about hopes, ideals, hierarchies that are placed on structures which take human form. (Nance 2010) Michael Jackson is the archetype of the glamorous, eccentric tragic and ambivalent and Koons encourages numerous interpretive possibilities. (Astrup Fearnly Museum n.d.) An additional example of a contemporary Pop-artist is American sculptor, Daniel Edwards. His sculptures deal with celebrity and Pop culture in a manner that frequently rouses controversy. The release of his works are usually paired with a press release. (Capla Kesting Fine Art n.d.) While frequently denigrated for his use of celebrity, Edwards artwork are also acknowledged as prophetic and consistent in their capacity for humanising social issues that the media and public have difficulty addressing. Autopsy of Paris Hilton (2007) (Fig 4) was produced as a confrontational and graphic interactive display to communicate to the young the dangers of drink driving. The sculpture is life-sized and depicts Paris Hilton sprawled on a bench with her legs splayed. In one hand she clutches her mobile phone whilst in the other is a glass of wine, in this sculpture she has supposedly died as a result of her drink driving, in which in reality she has been convicted of on numerous occasions. The public are encouraged to remove her innards through a cavity in her abdomen, giving a coroners perspective. Contained within this cavity is also her uterus containing twin dead foetuses, which Edwards says is to bring attention to the teen pregnancy crisis. The sculpture is an attempt to de-glamorise the life of a diva and partier which Hilton is renowned for.(Rayme 2007) The sculpture perhaps also alludes to the cult which is celebrities and their every occurrence and the media and publics unquenchable hunger to get as close as possibly to their idols. Daniel Edwards Monument to Pro-Life: The Birth of Sean Preston (2006) (Fig 5), portrays celebrity Britney Spears in a position of natural birth, whereas in fact she gave birth to her son via c-section and was heavily drugged. The piece created much political debate. According to Edwards it promotes pro-life. At its reveal he called his piece an image of birth and mentioned that it was a new take on the pro-life perspective. He states that pro-lifers generally endorse bloody images of abortion and his aim is to generate debate about a topic that is as he states greater than either pro-life and pro-choice advocates. (Rayme 2007) Japanese artist Masumasa Morimura is a well-known example of appropriating worldwide recognised images taken from mass media and popular culture In my view, there can be no generalisation about the quality, meaning and social significance of works of art, given the discrepancies of aesthetic responses and interpretations. Furthermore, Donald Kuspits view expressed in his article suffers owing to the fact that he assumes that artists should be critics of society rather than witnesses or simply narrators of it. Kuspit is an example of a critic who universalises his personal opinion of Pop-art and delivers his judgement whilst ignoring other responses to Pop. (Walker 2009) Pop art was and still remains one of the most popular styles of art, it was successful in communicating to the general public in a mode in which few art movements did or have since done. (Encyclopedia of World Art n.d.) The reality that Pop-art is effective in generating such a broad range of responses is a tribute to its at first seemingly ambiguous character, a testament that it is more complex and diverse than some critics have accepted, and an indication that it is not as trivial and straightforward as some commentators believe. (Walker 2009)