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Bryce’s Pet Peeves of the Week

admin — Sun, 22 Nov 2009 21:50:07 +0000

“Never trust a person who doesn’t have at least one known vice (e.g., drinking, smoking, swearing).”
- Bryce’s Law

INTRODUCTION

On August 1st of last year, my “Management Visions” (MV) broadcast premiered on the Internet. MV is a free Internet broadcast (aka “Podcast”) that is updated weekly (on Mondays) and is made available in MP3, WMA, and RealPlayer file formats (the RealPlayer is accompanied by graphics). During the broadcast, I discuss subjects related to Information Resource Management IRM), review upcoming events of interest, and review e-mails from listeners. I also describe my “Pet Peeve of the Week” which represents items irritating me at the moment. This has turned into a popular part of the show and, as such, I am including them herein for those of you who missed the broadcast. Hopefully, you will be able to relate to some of these peeves. They are meant to offer some humorous insight into current topics of interest. I hope you will enjoy them. Please note that these are my own opinions and do not necessarily represent the opinions of my company or any other group.

AUGUST 8, 2005 – BOUNTY COMMERCIAL

My “Pet Peeve of the Week” is a Bounty commercial I recently heard on the radio while driving into work the other day. Now as many of you know, Bounty is Proctor & Gamble’s “Quilted Quicker Picker-Upper” paper towels, which I don’t have a problem with as such. We use Bounty in our house. However, the new radio ad described it as having “a new blue-dot quilting” that results in a “high resolution shine.” Frankly, when I heard this I burst out laughing. People in the cars next to me must have thought I had lost my mind. “High resolution shine”? I guess it seems funny to me to see something as mundane as paper towels go “high tech”. Ah, you gotta love Madison Avenue I guess.

AUGUST 15, 2005 – MICROSOFT WINDOWS

My “Pet Peeve of the Week” is Microsoft’s Windoze operating system. I recently purchased two computers for the office; one a laptop and the other a desktop, both equipped with
the latest version of Windows XP. I had to migrate a lot of data to both machines which offhand, shouldn’t be a big deal. It was. Now, I don’t consider myself a technical guru by any stretch of the imagination but rather I like to consider myself a “power user” who knows his way around a computer.

I’ve installed a lot of operating systems over the years, both beta and production versions. Now, a lot of you know me as an advocate of IBM’s old OS/2 Warp operating system which I still consider the best 32-bit operating system on the block. Nonetheless, my track record of being able to crash a Windows operating system remains intact, for I had no end of problems and found it an extremely frustrating experience. I guess I’ve been spoiled by OS/2 with its object oriented desktop, System Object Model, and preemptive multitasking. I am still at a loss as to why IBM abandoned it.

But in my mind, I can’t imagine why anyone would bother wasting their time inventing computer viruses and worms when you have something like Windoze out there. The only thing that goes uninterrupted is Microsoft’s cash-flow. And no, Virginia, there is no o.s. monopoly out there is there?

AUGUST 22, 2005 – SOFTWARE TESTING

My “Pet Peeve of the Week” Is software testing. As I mentioned in my essay, there is a simple “bottom-up” way to test and install systems. However, I am concerned about the way software vendors are testing their products these days, if at all. The industry has fallen into the nasty habit of letting the customers test the products. For example, it is not uncommon anymore for people to get “beta” releases of software products, play with it, and report back to the manufacturer on problems encountered with it. Further, major releases of software products are being shipped with the manufacturers knowing
full-well the products are “buggy.” To pacify customers, they offer free upgrades of the next release (which actually represents the final version).

This approach to software testing is offensive to me.

I used to beta-test software products for vendors, but I no longer have the time nor inclination to do the manufacturer’s work for them anymore. Further, I no longer rush out to buy the latest release of “any” software product; I have been burned too many times by the vendors. As far as I’m concerned, the software vendors really need to clean up their act when it comes to testing. If they really want us to test their products for them,
let us know where we should send the bill.

AUGUST 29, 2005 – MICROMANAGEMENT

My “Pet Peeve of the Week” Is something a little different: micromanagement. There is a general inclination in the workplace today for managers to try and control “everything”; that nothing happens without the manager’s personal stamp of approval. I have also seen this phenomenon occurring in nonprofit organizations, everything from computer societies, to homeowner associations, garden clubs, little leagues, and, Yes, even Masonic Lodges.

Micromanagement represents a Theory X style of management, which means the organization is basically led by a dictator. Now, in some situations, I can understand the need for this. But for the workplace in general as well as our volunteer organizations, I am at a loss as to why people are doing this. One nasty byproduct of micromanagement is that people become complacent and will only do what they are told and nothing more. They evolve into robots with little loyalty for the institutions they work for.

Having played football on the gridiron years ago, I learned a lot about the concept of teamwork. In any team-type of environment you have several players, but only one coach who is responsible for the game plan. However, trying to control the actions of every player on the field is not only infeasible, it can be counterproductive. I have always found it to be more effective to empower people to make decisions and hold them responsible for their actions. People will not seek responsibility and will only put forth the minimum effort if they are not given some latitude. I always liked Ronald Reagan’s comment on his management style when he said, “Surround yourself with the best people you can find, delegate authority, and don’t interfere as long as the policy you’ve decided upon is being carried out.”

In other words, ease up on the micromanagement, empower your people, give them direction, but don’t tell how to do everything in meticulous detail.

Bottom-line: Do more management and less supervision.

SEPTEMBER 5, 2005 – UNIVERSITY PROGRAMS

My “Pet Peeve of the Week” are University programs that profess to offer a systems curriculum, but in reality, concentrate on nothing more than software development. I am often asked to give overviews of “PRIDE” at universities, normally at the MBA level, and am appalled on how superficially the colleges gloss over the fundamentals of true systems work. Normally, the curriculum offers an introductory course on systems but little else. Instead, they tend to focus on programming languages, networking, and computer trends. Small wonder when I start to talk about “PRIDE”, with its engineering/manufacturing concepts, the students look at me dumbfounded. Terms like “Product Structure,” “Blueprinting,” “Bill of Materials,” MRP, and Production Control are foreign concepts to most systems students. Consequently, our universities are spitting out more software people than we really need. A lot of the customers I deal with are looking for students who can grasp business concepts, know how to interview users, know basic math in order to prepare proposals, understand work flows and work measurement, and write effectively. Frankly, they are screaming for more systems people as opposed to the software candidates churned out by the colleges.

SEPTEMBER 12, 2005 – THE DEATH OF COMMON COURTESY

My “Pet Peeve of the Week” is the death of common courtesy. The other day we had a new FedEx driver make a delivery at our office in Palm Harbor. Since I happened to be by the front door, I opened it and watched him approach. He wore a scowl on his face as if he had been having a bad day. I opened the door, greeted him warmly, shook his hand and asked how his day was going. As I signed for the delivery, the driver looked at me strangely. I asked him if there was a problem. He said, No, it was just that I was the first person that day to be friendly to him and actually ask how he was doing. He said in most companies he visits he’s pretty much taken for granted and treated rudely.

I asked if he thought this was something unique to him as an individual. He said, No, the other drivers often speak of the callousness of their clientele. Come to think of it, I have seen evidence of this elsewhere. For example, when I go to a restaurant, the waiters and waitresses are often taken aback when I kid with them and ask them about their day. Often they look at me like I might have some ulterior motive. But once they get past this, they warm up to me and we have a good working relationship.

This made me stop and think about today’s corporate work place. Have we become so jaded and insensitive as to disregard the interpersonal relationships of our employees, our customers, and our vendors? Have we become so self-centered and aloof that we no longer care how we treat other people?

You know, I learned a long time ago that you can catch a heckova lot more flies with honey than you can with vinegar. A little courtesy and hospitality can go a long way with people. For example, I learned the virtues of a firm handshake some time ago. I don’t just give them some wishy-washy handshake and look through the person. I look them squarely in the eyes, shake their hand and tell them how glad I am to see them. Something as simple as a sincere handshake can work miracles.

We must remember that we don’t conduct our business with inanimate objects, but rather with human beings. Sharpening our people skills is incredibly important to accomplish anything worthwhile in life. Simple common courtesy is a big part of this. Try it. Next time that FedEx or UPS driver comes to
your door or a waitress to your table, look up at them, greet them with a smile and ask them how they’re doing; heck, even often them a handshake. You will be pleasantly surprised with the service you’ll get in return. I’ll tell you this; we have no problems with shipments or deliveries at our office. How about yours?

SEPTEMBER 19, 2005 – THE COMPUTER PRESS

My “Pet Peeve of the Week” is the Press. No, not the general press as distorted as it may be, but rather, the computer trade press. Years ago we had numerous publications you could count on to print an unbiased view of the industry. Publications such as “Infosystems,” “Datamation,” “Computer Decisions,” and the “EDP Analyzer” were able to give balanced reporting while still generating sufficient advertising dollars to sustain
themselves. But something happened along the way in the 1990’s with the propagation of the PC in the workplace. Suddenly, new interests and allegiances were formed and the trade press basically sold its soul to upstart vendors who now command the market. This resulted in jaded reporting and, unfortunately, the credibility of the various publications have diminished. So much so that circulation of the publications are at an all time low. Even “InfoWorld” and “Computerworld” are mere shadows of themselves.

What is missing is a little integrity in the trade press. Instead of trying to invent the next fad, how about some honest reporting on what is actually going on in this industry, both right AND wrong. I’ve got news for you, not everything is as peaches and cream in this industry, regardless of what the press tells you.

SEPTEMBER 26, 2005 – WORKAROUNDS

My “Pet Peeve of the Week” Is the word “workaround” as has been commonly used in the IT field for the last ten years. I tried looking up “workaround” in both Webster’s and The New Heritage Dictionary and, of course, I couldn’t find it. As
we all know, it has come to mean finding a way around a technical problem. It doesn’t mean its a correction to a problem but rather, a way of addressing a problem. But make no mistake about it, “workarounds” ultimately represent errors or bugs in the system and we should refer to them as such. I’m amazed by programmers when they proudly proclaim they’ve found a “workaround” as opposed to admitting they have a problem and don’t know how to fix it.

An IT Department should avoid the term “workaround” as it tends to irritate end-users and causes them to lose faith in the development staff’s ability for solving their problems. A bug is a bug, I don’t care what you call it; don’t try to sugarcoat it, fix it.

As an aside, I was finally able to find “workaround” defined in one dictionary, the Redneck Dictionary. Its typically used to determine the location of employees. For example, “Hey Y’all workaround here?”

I don’t know, I guess I’m getting tired of the sloppy language in this business.

OCTOBER 3, 2005 – MICROSOFT

My “Pet Peeve of the Week” Is Microsoft, whom I refer to as the Howard Johnsons of the computer business (with apologies to HJ). We call them this because they offer products that are never state of the art, but they are not the worst either; just mediocre and very predictable.

Recently, I read that Microsoft announced its Windows Workflow Foundation (or WWF – which sounds remarkably like the World Wrestling Federation). Nonetheless, WWF is a Windows technology that will enable developers to stitch together MS Office applications and in-house developed software into workflow applications. Here again is another example of “bottom-up” system design. Instead of first determining requirements and designing the overall system architecture, they are proposing a means to assemble programs bottom-up. Vintage Microsoft. Frankly, I think they should stick to wrestling.

OCTOBER 10, 2005 – CORPORATE DRESS CODES

My “Pet Peeve of the Week” Is corporate dress codes. Back in the 1970’s it was generally expected that a man wear a suit and tie to work and women dressed well. During the 1980’s this code was relaxed and you would see “dress down” days on Fridays. By the 1990’s suits and ties had been replaced by golf shirts and slacks. But now, in 2005, we see t-shirts, blue jeans and shorts in the workplace.

Ben Stein recently wrote an interesting piece in the New York Times complaining about the slovenly appearance of corporate America which I have to agree with. I think we have gone too far. Dress codes have an impact on the corporate culture of any business. If we dress sharp, we tend to think smart. If we dress sloppy, we tend to be lazy in our work habits. Show me a workplace without a dress code and I’ll show you a pigsty that produces questionable results. I know we like to promote
rugged individualism in this country, but there is nothing wrong with a little uniformity and teamwork either.

When we started our company in the early 1970’s, our dress code was “business casual” except when we knew customers were coming into the office where we were then expected to spruce up and dress professionally. Over time, we abandoned business casual and mandated at least a shirt and tie for men and proper attire for women. This had a positive effect, particularly on our IT staff. What I found interesting though was while we, as a small business, were learning to “dress up”, corporate America began to “dress down.”

Ben Stein was right in criticizing today’s corporate dress codes. After all, who would you rather do business with, someone who looks like a bum or someone dressed for success and has their act together? I think the answer is rather obvious.

OCTOBER 17, 2005 – CELL PHONES

My “Pet Peeve of the Week” is cell phones. As you will remember, cell phones first became popular with doctors and other members of the medical community who rightly saw it as a vital link between their patients and themselves. Next came business people who needed mobility to talk with their office and clients. This included realtors, salesmen and service people. But then it landed in the hands of housewives and children under the clever ruse that it was a great way to get in touch with our loved ones in the event of an emergency. And this is when all hell broke loose. Now, it seems everyone has one, not only on their hips or in their ears, but in their cars, on their motorcycles. I’ve even seen kids talking on them while skateboarding, riding bicycles, and, Yes, even tricycles. Its now more of an annoying habit than a working tool or status symbol.

What I find amusing is how it has affected our social skills. Its now common to find people walking alone on a street or in a store seemingly talking to themselves. Maybe they are and the cell phone is nothing but a clever ruse. But what disturbs me more than anything is how people jabber away on the phone while they’re in traffic. Now you know darn well not everyone has something vital to communicate all of the time. It is now common to see 16 year old girls talking to their boyfriends and making plans for the weekend; moms chatting with their girlfriends, guys talking with their buds, and so on. We’re doing everything but paying attention to the road. Have we become so bored with our lives that we find it necessary to talk to someone just to kill time while in traffic? I guess so.

In 1967, James Coburn starred in a movie called “The President’s Analyst” which has become a cult classic. If you haven’t seen the picture, Coburn uncovers a plot by the telephone company to implant a chip into everyone’s head whereby everyone can send and receive telephone calls (I’d love to see how they would handle faxes). Nonetheless the movie is very prophetic in terms of where cell phones are heading. I’m just worried about the social implications.

Please do me one small favor though, if you find it absolutely necessary to talk to someone on the phone while you’re driving around, please pull off to the side of the road and talk to the person like a rational human being. And Yes, I am very much in favor of legislation regulating the use of cell phones.

OCTOBER 24, 2005 – BLOATWARE

My “Pet Peeve of the Week” is “Bloatware.” Ever notice when you get a new computer how fast it runs, Yet, over time it starts to slow to a crawl. This is primarily attributed to
what is called “bloatware” in the industry. Years ago, programmers were very careful in how they wrote software. The code was very tight and there was concern over efficient use of machine resources. But as disk space, memory, and processor capabilities grew, programmers became less and less concerned with machine efficiency. I remember just a few years ago I was able to install IBM’s OS/2 operating system on a PC with 50mb of disk space, and it ran just fine with plenty of room to spare on my hard drive. But the times have changed; hardware improvements and the Internet have seen to that. But the programming is getting sloppier and sloppier. If you have tried to install a word processor or a graphics package lately you know what I mean.

I can’t help feeling this is all a grand scheme to build-in obsolescence into our computers. Slowing down software means purchasing additional hardware. Understand this, a computer is considered an antique when it reaches three years old. We would probably hold onto our computers longer if we didn’t have so much bloatware running on them. But I guess that wouldn’t be good for the economy.

OCTOBER 31, 2005 – GUESTIMATE

My “Pet Peeve of the Week” is the word “Guestimate.” I have been involved in the IRM field for a long time now and it has always bugged me how people try to invent new words in an attempt to appear cute and clever. One such word is “Guestimate” which tries to imply that performing an estimate is simply a guess, to which I have to give a big DUH. Estimating is fundamentally an effort at projecting the future. Like all projections, the more facts and information available, the better the estimate will be, but rarely is it ever perfect. There is a natural human tendency to avoid making estimates because estimates are expressions of commitments, and people tend to shy away from commitments and accountability, particularly when they are not sure of the facts. Look, lets keep it simple, an estimate is an estimate and a guess is a guess, let’s not create any more 3rd grade words such as “guestimate.”

Another word that bothers me is “reiterate” and you hear it just about everywhere these days. Think about it; what does it mean? The word Iterate refers to the repetition of something. So what do we mean when we say RE-iterate? An infinite loop? The language in the IT industry is sloppy enough without us having to add new words to our vocabulary. But I guestimate I am reiterating myself.

NOVEMBER 7, 2005 – COMPLICATIONS

My “Pet Peeve of the Week” is entitled, “Why do we make things more complicated than they really are?” Over the last 30 years I have been fortunate to travel the world, visit with
many corporate customers, and hobnob with gurus in the field. One thing I’ve always found fascinating is how the IT industry tends to make things more complicated than they really are. For example, building systems and software is really not as complicated as they appear to be. Systems consist of business processes, procedures and programs. We also have inputs for collecting data, outputs for transmitting information, files for storing data, records, and data elements. Period. It has always been this way and it will always be this way. But the IT Industry seems to reinvent itself every five years or so. We now like to talk about apps, agile programming, data mining, SOA, business rules, meta data, and things that go bump in the night. The only rationale I can give for changing the vocabulary so often is that it must sell a lot of books and magazines. Either that or people use it to make themselves look smarter than they really are. The sad part is that this new vernacular is creeping into college studies and we then have to spend the next several years debriefing the kids. I don’t know, as I get older, I find the better things in life are the simple things. I guess I’m surprised that more people don’t challenge needless complexity.

NOVEMBER 14, 2005 – SNOWBIRDS

My “Pet Peeve of the Week” is entitled “Snowbirds.” November marks the beginning of the snowbird migration. This is where northerners, predominantly retirees, begin to make their annual trek down here to Florida. Sure, their money is nice for our economy but we have to contend with some God-awful drivers. There are New Yorkers in SUV’s who think they own the road, people from Ontario who believe they are always driving in a school zone, and others from the midwest who are just plain lost. It sure would be nice if we had a national driving standard. It would make it a heckova lot easier and safer down here for all of us if we did.

NOVEMBER 21, 2005 – SMOKING

My “Pet Peeve of the Week” is the Great American Smokeout sponsored by the American Cancer Society last Thursday, November 17th. As many of you know I enjoy a good cigar. I never acquired a taste for cigarettes but I definitely enjoy a good cigar when I’m going about my business. I don’t bother anyone with it. Its just something I do on my own time. Yes, I am aware of the dangers of smoking, as I am sure all smokers are. And, No, I do not consider myself a smoking advocate. Having said all this, let me just say to all the Anti-smokers out there: Will you please get off our backs! Being a smoker doesn’t mean we’re demons or some misguided fools, but we sure get characterized this way. The Anti-Smokers are making it harder and harder to find a venue for us to enjoy our pleasure, everything from airplanes and airports, to restaurants and bars, the workplace, even cars. Next, will be our homes where I definitely draw a line and tell them to mind their own business. I will continue to enjoy my cigar regardless of the browbeating I may take from the Anti-Smoking lobby. I don’t think they realize that as they become more obnoxious in their campaign, it stiffens my resolve to enjoy a good smoke.

I will also remind you of one of my more memorable Bryce’s Laws that says, “Never trust a person who doesn’t have at least one known vice (e.g., drinking, smoking, swearing).” I have always found that such a lily white person always has a dark side or something they are trying to hide. As for me, I’ll continue to enjoy my cigars and keep my vices aboveboard.

NOVEMBER 28, 2005 – MICROMANAGEMENT

My “Pet Peeve of the Week” is “Micromanagement.” Today we live in a Theory X world where managers like to dictate the specifics of any given task which is commonly referred to as “micromanagement.” Employees are told what to do and when to do it, without any interest in their input. Such an approach is basically saying to the worker, “Look, you’re not smart enough to do this right so I’m going to tell you how to do it.” Consequently, micromanagement tends to irritate and alienate people. More recently, I’ve noticed this same phenomenon occurring in nonprofit volunteer organizations, such as homeowner associations, clubs, school organizations, sports associations, and even church groups. The people that run these groups may have the best intentions, but rarely do they know how to actually manage. Sadly, some people get involved with such organizations to satisfy a petty power trip they are on. They have little regard for organization and adherence to policies and rules. Instead, they try to micromanage everything. People, particularly volunteers, have a natural aversion to micromanagement and quickly lose interest in their work.

Instead, I recommend an approach where you delegate responsibility and hold people accountable for their actions. I refer to this as managing from the “bottom-up” as opposed to
“top-down.” By treating workers like responsible adults, there is a tendency to accept responsibility and see a task through to its successful completion. As President Ronald Reagan said, “Surround yourself with the best people you can find, delegate authority, and don’t interfere as long as the policy you’ve decided upon is being carried out.”

Basically, Reagan said, “Don’t micromanage; empower your staff and get out of the way.”

DECEMBER 5, 2005 – RERUNS

My “Pet Peeve of the Week” is “Reruns.” Last week it was announced that the Rolling Stones were going to perform the half-time show for the 40th Super Bowl next February in Detroit. I found this announcement somewhat amusing in that Paul McCartney of the Beatles provided the half-time entertainment in the last Super Bowl. Its not that I have anything against these aging rockers, as I have been a big Beatles and Stones fan for the last 40 years, I’m just wondering where the new talent is or if there really is any talent to replace my generation’s music. We hear a lot about Rap, Hip-Hop, and Country, but who are the musicians who truly define this generation? Frankly, they’re not our there. Oh, I’m not suggesting the talent doesn’t exist, for I believe it does, but it is being tightly controlled by marketers who engineer every note being recorded today.

In the old days, it was not uncommon for artists to write their own music, sing their own songs, and play their own instruments. This is hardly the case any more. Instead of developing a generation of craftsmen like the Beatles and the Stones, the current wave of musicians are simply marketing “flash in the pans” that have no staying power. The Beatles and the Stones are great, but ultimately their music represents reruns which is indicative of the artistic void that has been created by the media moguls. Take Hollywood for example; How many times are we going to remake King Kong, the Pink Panther and just about every TV show from the 1960’s? Instead of computer generated graphics, how about some creative plots and well written scripts? I can’t believe we’ve run out of ideas in Hollywood, so much so that they find it necessary to reproduce old stories. Does the younger generation really lack any form of creativity? I seriously doubt it. They’re just not being allowed to express it and, instead, we have to sit through reruns. I’m becoming increasingly concerned what effect this stagnation in our culture will ultimately have on us. To me, it represents complacency and signals a decline in our ability to strive to achieve. It also represents another indication of the “micromanagement” going on in the corporate world. Consider this, if the Beatles and Stones were to emerge in today’s world, they probably wouldn’t be allowed to practice their craft.

Oh well, I guess I’ll go home, turn on the television and listen to Led Zepplin sell Cadillacs.

DECEMBER 12, 2005 – SERVICE (THE LACK THEREOF)

My “Pet Peeve of the Week” is “Service” (the lack thereof). Recently I stopped by a new cigar shop to buy some cigars. I went into their humidor and checked their inventory. There were several custom-rolled cigars made on the premises as well as the usual commercial cigars from the Dominican Republic and the Honduras. I happened to find my favorite (which is a Hoyo de Monterey, Sultan/Maduro) and took a dozen of them up to the cashier for purchase. Ahead of me in line was a gentleman also purchasing a dozen cigars all of the same kind. I noticed the cashier was painfully slow in scanning and recording each cigar. Next to her at the counter was the shop owner who was preoccupied reading a magazine. There were other customers also in the shop, all of which were of no concern to the cashier or owner.

What should have been a simple transaction for the guy in front of me took at least ten minutes. Fortunately, I was in no hurry, but I was starting to become impatient nonetheless over a simple purchase. When she finally finished the transaction, the cashier greeted me, took my cigars and began the laborious task of scanning and recording my order (again, a simple transaction turned into a lengthy task). As she processed the last cigar, I pulled out my wallet and presented her with my credit card. She looked at it and said, “Oh, I’m sorry our credit card machine is down right now, do you have cash?”

Of course, I didn’t and suddenly I realized that after waiting twenty minutes to make a simple purchase I had come to loggerheads with her over the purchase.

I said, “Is there nothing that can be done?”

“No sir, we need cash.”

Interestingly, the shop owner who had been listening to our banter simply kept flipping through his magazine.

I asked, “Can’t you take an imprint of my card and process it later when the machine is back up?”

“Oh, no sir, we can’t do that.”

“In other words, instead of trying to find a way to make this sale happen, you’re telling me that I just wasted twenty minutes of my time in your store.”

She looked at me dumbfounded and the owner turned another page in his magazine.

I told them this was the last time I would frequent their establishment and stormed out without any cigars. Frankly, I don’t think they cared one bit.

I’m sure we have all seen similar situations where there is a lack of decent service, whether it be in a retail shop, restaurant, automotive repair, in the corporate world, or wherever. People are becoming less and less sensitive to customer service. Its like they come down with a bad case of the stupids when dealing with customers.

As I was growing up, I was always taught that the customer was king; that if you took care of the customer they would return the favor with repeat business and provide sparkling references of your business to others. But evidently, the times are changing and teaching good customer service is becoming a rarity. For those of you who really don’t care about the customer, I would
remind you that everything begins with a sale and the customer should never have to wait to pay the bill. Instead of finding ways not to make a sale, here’s an idea; why not try to find ways to make it happen. But I guess that would require a little personal initiative which is something that is also sorely lacking these days.

DECEMBER 19, 2005 – HOLIDAY MADNESS

My “Pet Peeve of the Week” is entitled “Holiday Madness.” December is the month where we celebrate a lot of things:

Christians celebrate the birth of Jesus, although the exact date of His birth is questionable.

The Jews celebrate Chanukah which represents a lengthy battle where the Syrians were driven out of Israel.

Kwanzaa has been around since 1966, and unlike Christmas and Chanukah that are religious in nature, Kwanzaa celebrates African culture.

We then celebrate the end of one year, and the birth of a new one.

There is so much to celebrate during December that I always felt sorry for those people who were born during this month and are typically gypped out of the parties and presents they deserve.

Comedian Lewis Black recently commented on the encroachment of Christmas on other holidays, such as Thanksgiving and Halloween, that the retailers won’t be happy until the Christmas season encompasses Labor Day and the 4th of July. Lewis has a point. It is simple economics that drives this year-end holiday frenzy and little else. You don’t really believe those people fighting in WalMart over a DVD player, digital camera, or iPod are really thinking about “peace on earth, good will towards man” do you? Hardly. The holidays bring out both the best and worst in all of us, which is a shame as this is not what they were intended for. It is supposed to be a time of reflection and renewal, not traffic jams and chaos in the shopping aisles. Ever wonder what these year-end holidays would be like if the exchange of gifts were removed from the formula? They would probably be as subdued and respectful as Veteran’s Day or Memorial Day. But this will never happen as the retailers and the media holds us in their tight grip. We’ll now spend the next 90-120 days paying everything off. I’ll just be happy when the tinsel comes down, the house is cleaned up, the relatives go home, and everything returns to normal. At least until April 16th which is Easter Sunday and the sales cycle starts all over again.

You can tune into “Management Visions” at:
http://www.phmainstreet.com/mba/mv.htm

Tim Bryce is the Managing Director of M. Bryce & Associates (MBA) of Palm Harbor, Florida, a management consulting firm specializing in Information Resource Management (IRM). Mr. Bryce has over 30 years of experience in the field. He is available for training and consulting on an international basis. His corporate web page is at:
http://www.phmainstreet.com/mba/

He can be contacted at: timb001@phmainstreet.com

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Protecting Your Family: Health Insurance, Life Insurance, And, Don’t Forget! – Disability Insurance

admin — Sun, 22 Nov 2009 17:46:54 +0000

Protecting Your Family: Health Insurance, Life Insurance, And, Don’t Forget! – Disability Insurance

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Home Page Finance Protecting Your Family: Health Insurance, Life Insurance, And, Don’t Forget! – Disability Insurance
Protecting Your Family: Health Insurance, Life Insurance, And, Don’t Forget! – Disability Insurance

Posted: Apr 24th, 2008 | Comments: 0 | Views: 23 |

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Protecting Your Family: Health Insurance, Life Insurance, And, Don’t Forget! – Disability InsuranceAuthor: Ryan Patterson

A recent survey by Harris Interactive for America’s Health Insurance Plans (AHIP) found that most Baby Boomers underestimate their risk of missing work for an extended period of time due to a disability. Yet they believe that they are more likely to suffer such a disability than to die prematurely. What’s wrong with this picture? Like most breadwinners, Boomers buy family health insurance and life insurance to protect their families while skimping on long-term disability insurance.

How far off are the disability risk guesstimates of most Americans? A study sponsored by the Life and Health Insurance Foundation for Education called “The Real Risk of Disability in the United States” found that a white-collar worker between 35 and 65 years of age has a 27 to 31 percent chance of becoming disabled for 90 days or longer. Unfortunately, the duration of disabilities has increased substantially in the past few decades. In the 1970s and 80s, a 35-year-old male with such a disability would have been out of work, on average, almost four years. Today it’s six, because better medical care means that people with terminal illnesses are living longer. It does not, however, mean they are able to pull in their pre-disability income while they’re ill.

Steven Crawford, a Maryland-based disability insurance specialist, believes that a well considered policy is the keystone to any sound financial plan. Unfortunately, he notes, most financial advisers, not to mention the media at large, rarely mention the subject, even though a person’s ability to generate income is by far their most valuable asset.

“Everybody should have the maximum [benefits] they can afford,” Crawford says. “Somebody 20 years old

<h1>Protecting Your Family: Health Insurance, Life Insurance, And, Don’t Forget! – Disability Insurance</h1> Author: <a title="Ryan Patterson" href="http://www.articlesbase.com/authors/ryan-patterson/55586.htm">Ryan Patterson</a> A recent survey by Harris Interactive for America’s Health Insurance Plans (AHIP) found that most Baby Boomers underestimate their risk of missing work for an extended period of time due to a disability. Yet they believe that they are more likely to suffer such a disability than to die prematurely. What’s wrong with this picture? Like most breadwinners, Boomers buy family health insurance and life insurance to protect their families while skimping on long-term disability insurance. How far off are the disability risk guesstimates of most Americans? A study sponsored by the Life and Health Insurance Foundation for Education called “The Real Risk of Disability in the United States” found that a white-collar worker between 35 and 65 years of age has a 27 to 31 percent chance of becoming disabled for 90 days or longer. Unfortunately, the duration of disabilities has increased substantially in the past few decades. In the 1970s and 80s, a 35-year-old male with such a disability would have been out of work, on average, almost four years. Today it’s six, because better medical care means that people with terminal illnesses are living longer. It does not, however, mean they are able to pull in their pre-disability income while they’re ill. Steven Crawford, a Maryland-based disability insurance specialist, believes that a well considered policy is the keystone to any sound financial plan. Unfortunately, he notes, most financial advisers, not to mention the media at large, rarely mention the subject, even though a person’s ability to generate income is by far their most valuable asset. “Everybody should have the maximum [benefits] they can afford,” Crawford says. “Somebody 20 years old

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Sexual Offender Commitment

admin — Sun, 22 Nov 2009 13:52:22 +0000

The Commitment laws are often used to place dangerous criminals in secure facilities after they have served their criminal sentence under the guise of treatment. This most often occurs with respect to criminal sexual offenders and crimes such as rape, criminal secual conduct, criminal sexual assault, and child solicitation.

States began to passing commitment laws, also known as sexual predator statutes, in the 1980’s. The laws were designed to predict which criminal sexual offenders were likely to recommit their sex crimes. Attempting to predict recidivism among sexual offenders eventually turned on its head the presumption of innocence that most Americans believe they are entitled to by constitution.

Under the laws, states are allowed to seek a

civil commitment of certain criminal sexual offenders after they have completed their jail sentence because the “might” reoffend. The commitment lasts until the sexual offender is deemed to no longer be a risk as a sexual predator. The constitutionality of these statutes was challenged in Kansas vs. Hendricks and on June 23, 1997 the U.S. Supreme court handed down a 5 to 4 decision confirming the constitutionality of the statute.

Currently, there are sexual predator statutes in most states including Minnesota and Wisconsin.

The Minnesota Sexual Psychopathic Personality Treatment Center is the facility where Minnesota sexual offenders are sent who have completed their prison sentences yet remain incarcerated under the guise of treatment. In such cases, a Judge has determined that the person suffers from mental disorders that makes it highly likely he/she will repeat their crimes. As a result they are given an indefinite civil commitment until they are deemed no longer dangerous. This commitment, for all intents and purposes, is a life sentence under the guise of a civil commitment proceeding. No person has ever been “cured” in the treatment programs set up to treat sexual disfunction. No patient has ever been released. If a hospital had such a track record, it would undoubtedly be closed.

It has been argued repeatedly that states must repeal their sexual psychopath laws because of skepticism about treatment effectiveness, an inability to predict dangerousness or diagnose sexual psychopathologies according to accepted medical standards, and public opinion that increasingly prefers punishment for sex offenders over treatment. The constitutionality of Minnesota’s harsh law was challenged in Court. In January 1994, the Minnesota Supreme Court issued an opinion which upheld the constitutionality of the psychopathic personality statute, stating that the public’s right to be protected from people with an “uncontrollable impulse to sexually assault” outweighs individuals’ liberty interests. In re Blodgett, 490 N.W.2d 638 (Minn. App. 1992). Since that date, only two people have triumphed in contesting the commitment law in Minnesota.

The decision to commit a sexual offender is generally made in district courts, based on petitions brought by county attorneys. However, in cases where the County attorney has refused to bring such an action, the Attorney General has stepped in to commence commitment proceedings on their own. Under the commitment statute, the court may commit the patient to a secure treatment facility unless the patient establishes by clear and convincing evidence that a less restrictive treatment program is available that is consistent with the patient’s treatment needs and the requirements of public safety.

It is important to hire experienced counsel as soon as commitment proceedings are commenced to seek out recognized experts in the field or sexual dysfunction and to formulate a treatment plan that is less restrictive than a commitment to a State facility.

Maury D. Beaulier is a recognized leader in criminal defense and committment laws in Minnesota and Wisconsin. He can be reached at his website located at http://www.divorceprofessionals.com or by calling 612.240.8005.

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When My Inspiration Died

admin — Sun, 22 Nov 2009 09:42:42 +0000

When I think about the different types of adversity that have been a constant presence in my life, my mind goes back to the one event that has shaped me more than any other. My mother, Vivian Pray passed away on November 17, 2003. Although she was in failing health, death was never a thought. Like so many others, I felt like my mother’s medical issues were tied to her emotional health. She was depressed. She never had a chance to recover. On November 5th, she woke up like normal and had a short conversation with me before suffering a petit mal seizure and never waking up again.

At the time of her death, I was in the midst of a life changing experience. I was writing my first book. One year prior to my mother’s death, she had convinced me that I did indeed have enough talent to undertake the awesome task of bringing my friend, Faye Baker’s story to light. For six months, I wrote, enlarged the font and my mother would proofread. She would put on her reading glasses and read paragraph after paragraph. When she died, so did my desire to finish the story that was begging to be told…

Faye Baker, a high school teacher and basketball coach from Allenhurst, Georgia became paralyzed in an accident while traveling with her church to an anniversary celebration in Round O, South Carolina. The van in which she was traveling suffered a blowout before flipping over three times and landing upside down in a ditch beside Interstate 95 in Bluffton, South Carolina. The accident left Coach Baker fighting for her life- suffering with a broken neck and paralyzed from the waist down.

Although she was given less than a 4 percent chance of recovery, Coach Baker fought against the odds, not only to live but to reclaim some semblance of independence. Buoyed by her family, friends and spiritual faith, she undertook the challenge to reclaim the life that had drastically changed on that beautiful fall day. Entering the Shepherd Center for rehabilitation two weeks after the accident, Faye Baker challenged herself daily to do better than yesterday.

Keeping a firm eye on her team that was back at Bradwell Institute moving through the south east region taking no prisoners; Coach Baker used her desire to return to her job as motivation. Twelve weeks after being admitted into the Shepherd Center for Rehabilitation, she returned home to Liberty County and continued the long road to recovery. After reclaiming her job in the fall and coaching her team to the final four, she was voted the All Coastal Empire Women’s Coach of the Year for two years in a row. Albeit in a wheelchair, Coach Baker was back.

Day after day, I would go to work and see Faye Baker moving on with her life despite having experienced a life altering event. I would watch her teach her class during the day and coach her team in the evening. In between time, she would ride her bicycle. She would go outside and with her family at her side, she would walk. Although she used a wheelchair during the school day, she would never skip an exercise session in her quest to permanently give up the chair. In my eyes, she was simply amazing!

I was working as her teacher’s assistant when the idea of the book came up. I was so awed at her independence and determination, one day I told her I thought she should write a book to encourage others who are going through similar situations. She stated that her parents had made the same suggestion but she didn’t like to write. She then asked me if I wanted to do it, considering the fact that I loved to write. Of course I thought she had lost her mind, but secretly I allowed myself brief moments to fantasize about actually writing a book.

My mother didn’t share my sentiment. When I laughingly told her about the conversation, she sucked her teeth and said “why not?” Of course I thought she was crazy, too. After all, I was a single parent working as a teacher’s aide. I had never taken any writing classes. All I knew was I had a knack for completing papers at the last minute and still making a passing grade. Friends often asked me to write letters to their sweethearts but I never saw my writing as a talent or a gift. It was just something I enjoyed doing. At the time I had just completed my first college quarter and marketing 100 and computer apps was not going to help me write a book. How in the world could they ask me to write a whole, entire book?! Was the whole world going crazy?

Slowly, I allowed myself to dream. I began putting a few sentences on paper and hiding my notebooks. I was afraid someone would see my writing and laugh at me. On a whim, I showed Faye an opening I had written and her reaction left me stunned. She then took the ball out of my court by announcing my secret to her family and from that point on, I couldn’t turn back. That is until my inspiration died.

Six whole months went by after my mother’s death and I was no closer to completing the book than I was before she died. As a matter of fact, I stayed as far away from the computer as possible-claiming headaches. I just couldn’t imagine writing and not watching her strain to read in those silly dollar store reading glasses. The thought upset me terribly. Therefore, I simply gave up writing.

One afternoon I rushed to the parking lot to help Faye get out of her truck. I was running late and I didn’t want her to have to sit in the parking lot and wait for me. We had developed a routine where either me or our friend, Michelle would meet her and take the wheelchair out the back of her truck. This particular day Faye met me at the door – already in her chair. When I asked her who had taken the chair out for her, she proudly replied, “Me. I did it myself.” She then wheeled past me – moving on with her life.

Imagine my shock! Faye had been practicing this task for a while, unbeknownst to us. I looked at her once again and said to myself, “quit using mama’s death as a reason not to succeed.” With all Faye goes through, she never uses her disability as a reason not to do anything. The next day, I picked up my notebook and once again, I began writing.

Tamara Pray Frazier is a freelance writer and author who likes to write true life stories that often uses her very colorful life as a reference tool. She is the author of one book titled, In His Own time – A Story of Family, Friends and Courage. To learn more about her book or her work, visit In His Own Time.

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Water Quality Index

admin — Sun, 22 Nov 2009 05:42:38 +0000

Clean water is one of the most important elements to sustain good health. It is the known fact that all life would cease to exist without water. Water greatly influences the quality of our lives. Its most is one of the nature’s most important resources, yet it sometime is used very carelessly. Industry, agriculture and sewage are major polluter of water. Water makes about 80% of our body weight. Health official recommend that one should drink at least eight glasses of water each n everyday to aid digestion, regulate body temperature, restore body fluids and remove impurities from our internal system. Water is nature’s best beverages as it quenches ones thirst better than any other food or drink. Over 97%of the world reservoir of water found in oceans and is too salty for drinking, irrigation most industrial and household use in the form of glaciers and polar ice caps. Lacks and rivers which are major source of the world’s drinking water accounts for just over 0.1% of the earth’s total water. The quality of drinking water is of the vital concern for human health and life. History reveals that the pollution of drinking water caused water borne diseases, which wiped our entire pollution of the cities. According to WHO survey, 60% diseases in the Asian countries are water borne. The major pollution sources are domestic and industrial waste from urban- rural- industrial areas discharged into the natural water bodies. The studies conducted by the several agencies and the available data reveal that the drinking water in Pakistan is generally contaminated by the both highly toxic chemical and microbiological organism. WHO recorded 315 cases of water borne diseases out of 100,000 in Pakistan. A number of diseases caused by the consumption of poor water quality [6]. It has been reported in a “Community Health Study” that 30%of all the reported cases of illness and 40% of deaths in Pakistan, one way or another are related to water borne disease. This can be regarded as an alarming situation.

Anions occur in environment through a number of ways, anthropogenic and natural origin. Some of these are toxic while other is either beneficial or non toxic in nature. The anions nitrates and sulphates are very important both from environmental as well as industrial point of view.

Nitrates are very important due to its biological implication. The use of nitrate as fertilizer is the major source of aquatic pollution. It enters into the aquatic environment from sewage or as agriculture run off. Excessive amount of nitrates in water causes eutrophication. This process lower the DO, leads to killing fish and causes retardation in the plant growth [10].Apart from the toxic substance which damages flora and fauna and create environmental problems. Other parameters like temperature, ph, alkalinity, TDS, DO etc. are basically important in determining water quality. Nitrates in drinking water are significant public health. Concentration greater than 10mg / l as NO2- N can cause a serious medical problem in the blood stream of babies less than six months of age called Infant Cyanosis, Blue Baby Syndrome or Methaemoglobemia. Nitrates are also important for depleting DO in rivers and streams and hindering their self purification processes. Nitrates in shallow water are often due to seepage livestock manure deposits. Ground and surface water which often contained especially with nitrates and phosphorus pollution from fertilizers. The pollution of ground water by leaching of fertilizer affects man water supply sources and leads to several environmental deterioration to human health problem. Sulphates are discharged into water from mines and smelters and pulp and paper mills, textile mills and tanneries. Sulphur trioxide produce from photolytic oxidation of sulphur dioxide combines with water vapors to form dilute sulphuric acid as fall as ‘acid rain’. The presence of sulphates in drinking water can also results in noticeable taste. The lowest taste threshold concentration for sulphates is app. 250 mg/ l as sodium salt. Sulphates may also contribute to the corrosion of the distribution system. However high level sulphates in water are undesirable because it causes non carbonate hardness responsible for scale formation in the boiler at high temperature. Water Quality Index (WQI) is one of the most effective way to communicate information on the quality of water to concern citizen and the policy makers. A quality index may be defined as “a rating reflecting the composite influence of number of water quality parameters overall of water”.

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How Small Businesses Can Get Big Power with Cloud Computing

admin — Sun, 22 Nov 2009 01:45:31 +0000

Cloud computing has brought the tremendous power of supercomputers to small and medium-sized businesses so that they can focus on everyday issues such as analyzing financial risk, delivering personalized medical information and designing solutions.

Cloud computing refers to the delivery of hosted services via the Internet by networking large groups of servers and spreading data-processing chores among them.

Three specific characteristics differentiate cloud services from traditional hosting:

Cloud service is sold on demand, usually by the minute or by the hour. A consumer can take as much or as little of the cloud as he or she wants at any time. Cloud service is fully managed by the provider. A user needs only a personal computer and Internet access.

Cloud services are broadly divided into three categories:

Infrastructure as a Service (IaaS) provides virtual server instances with unique IP addresses and blocks of storage on demand. Amazon Web Services is an example. Platform as a Service (PaaS) offers a set of software and product development tools hosted on the provider’s infrastructure. Developers can create apps on the provider’s platform over the Internet. Force.com and GoogleApps are examples of PaaS. Software as a Service (SaaS) may be anything from Web-based email to inventory control and database processing. In the SaaS cloud model, the vendor supplies the hardware infrastructure and the software product and interacts with the user through a front-end portal.

Cloud computing makes supercomputing available to small and medium-sized businesses cost effectively and on demand. The advantage to cloud computing is that small and mid-sized organizations can run powerful applications without having to purchase software. The drawback is that the cloud is hosted and thus dependent upon an outside party.

Sandra J. Klocinski has 25 years of practical experience dealing with small businesses: this is the foundation of her exceptional bookkeeping and administrative expertise. Sandra provides professional service while offering competitive rates and personal attention. To learn about the advantages of outsourced bookkeeping for your business visit http://www.bookkeepers-and-more.com

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How Small Businesses Can Get Big Power with Cloud Computing

admin — Sun, 22 Nov 2009 01:45:31 +0000

Cloud computing refers to the delivery of hosted services via the Internet by networking large groups of servers and spreading data-processing chores among them.

Three specific characteristics differentiate cloud services from traditional hosting:

Cloud services are broadly divided into three categories:

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AIG, EWRC, FWDG, NVSR: Stock Alerts and Breaking News: Active Trading Alert

admin — Sat, 21 Nov 2009 21:44:09 +0000

(New York, New York) August 31, 2009 -Pinksheetguru.com offers a wide variety of services to both investors and public companies. Whether you are an investor seeking an investment opportunity or a public company seeking to reach the investment community, Pinksheetguru.com can bridge the gap. We encourage investors to take advantage of our trading tools. You may perform your own DD to help make the right investment choices. Visit our “Market Education” page to better educate yourself in order to become a more profitable investor.

Pinksheetguru.com offers a media source for publicly traded companies who wish to share their companies’ success stories with investors and business opportunists. Our services can provide vast exposure, thereby creating added market awareness, and thus creating new investment and business opportunities. If you are interested in our services and profiling your company on our website, please contact us for more information.

Pinksheetguru.com goal is to provide investors and stockbrokers with timely financial news, data and links to valuable investment tools (i.e., stock quotes, stock charts, stock research, stock message boards, etc.) to assist in making informed decisions about small cap investments.

Future World Energy (FWDG)

FutureWorld Energy, Inc., together with its subsidiaries, operates in the renewable and alternative energy sectors. The company, through relationships with universities, research centers, and government agencies, focuses on the identification, acquisition, development, and commercialization of technologies in the renewable and alternative energy sectors, such as biofuel, solar, wind, tidal, and power cells. It was formerly known as Isys Medical Inc. and changed its name to FutureWorld Energy, Inc. in April 2009. The company is based in St. Petersburg, Florida.
Future World Energy Inc. is facing another strong day, currently at $0.125 with 498K shares so far. See the FWDG chart attached below.

FWDG Chart http://www.screencast.com/users/chartwiz/folders/Jing/media/0fb16b6a-f13a-44da-acba-d37e96e6fc5c

FWDG NEWS : http://www.transworldnews.com/NewsStory.aspx?id=116359

eWorld Companies, EWRC

eWorld Companies, Inc. (Pinksheets:EWRC – News) confirmed today that Seven Aurelius has joined the company’s Advisory Board and will assist the company in securing and producing musical content for its Boomerang Media Station(TM). Mr. Aurelius, better known by the single name, Seven, is one of the most prodigious hitmakers in the world today, having produced countless #1 records for some of music world’s biggest stars and numerous Grammy Award-winning albums for combined sales in excess of 50 million units worldwide.

EWRC Chart: http://www.screencast.com/users/chartwiz/folders/Jing/media/601b651f-6e6c-48b4-b64f-9e6906d06219

EWRC News: http://www.transworldnews.com/NewsStory.aspx?id=116384

NavStar Technologies Inc. (NVSR.PK)

NVSR has all the perfect elements for a BullRun and as the stock sits longer at the levels it is at, it is simply accumulating momentum for what will turn out to be one unforgettable bullrun.

For a few weeks now we have been calling this company the little train that could. Well that little train appears to have completed its systems checks and is looking like its poised for a break out. NavStar Technologies has gone to great lengths to reassure its investors and is well on track for greater revenues in its ongoing search for more contracts. NavStar is one stock we have not given up on and feel that it is currently undervalued, there is a lot more to come from this stock. Keep an eye on it!

NVSR News: http://www.marketwire.com/press-release/Anything-Brands-Online-Inc-1035681.html

NVSR Chart: http://www.screencast.com/users/chartwiz/folders/Jing/media/da42ea82-7f4d-48d7-a5af-52277b39021b

AIG American International Group

AIG, the darling of daytraders? Short Sellers nightmare? US Government’s hope for repayment? We just don’t know anymore but whatever this phenomenon is, we are liking it!

AIG’s sudden outburst has been linked to many factors, but the one single unanimous factor, that all media sources have agreed upon is Robert Benmosche. Benmosche’s management style, his outspoken ways and brazen outlook is just what the company needed. While most will argue that AIG would be nowhere where it not for the US Government, we find it completely encouraging that Benmosche will not bend to government pressure and continues to sail a true course straight ahead. While share price is down this morning compared to its close on friday, keep in mind that this is not a short term play and we should expect ups and downs, with overall emphasis on ups!

AIG News Articles : http://www.bloomberg.com/apps/news?pid=20601039&sid=azG.YsZ5r1zw

Pinksheetguru.com offers a wide variety of services to both investors and public companies. Whether you are an investor seeking an investment opportunity or a public company seeking to reach the investment community, www.Pinksheetguru.com can bridge the gap. We encourage investors to take advantage of our trading tools. You may perform your own DD to help make the right investment choices. Visit our “Market Education” page to better educate yourself in order to become a more profitable investor. Pinksheetguru.com goal is to provide investors and stockbrokers with timely financial news, data and links to valuable investment tools (i.e., stock quotes, stock charts, stock research, stock message boards, etc.) to assist in making informed decisions about small cap investments.

Release of Liability: Through use of this website viewing or using you agree to hold www.PinkSheetGuru.com, its operators owners and employees harmless and to completely release them from any and all liability due to any and all loss (monetary or otherwise), damage (monetary or otherwise), or injury (monetary or otherwise) that you may incur. The information contained herein is based on sources which we believe to be reliable but is not guaranteed by us as being accurate and does not purport to be a complete statement or summary of the available data. PinkSheetGuru.Com affiliates may from time to time have a position in the securities mentioned herein and may increase or decrease such positions without notice which may negatively affect the market. PinkSheetGuru.Com encourages readers and investors to supplement the information in these reports with independent research and other professional advice. All information on featured companies is provided by the companies profiled, or is available from public sources and www.PinkSheetGuru.Com makes no representations, warranties or guarantees as to the accuracy or completeness of the disclosure by the profiled companies. PinkSheetGuru.Com, nor any of its affiliates are not registered investment advisors or a broker dealers.

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What Do Baseball and At-Will Employment Have in Common?

admin — Sat, 21 Nov 2009 17:49:23 +0000

Back in the 1990s when Robert Reich was Labor Secretary, his department gigged a professional baseball team for keeping minors—in this case, ballboys and batboys—working too late at night. Reich squelched the furor, but in fact, due to a Supreme Court decision, baseball teams could easily have argued that they are not even subject to the Fair Labor Standards Act (FLSA), which governs both child labor and minimum wages.

Back to the headlined question, then: What do baseball and at-will employment have in common?

One’s first instinct in answering the question might be to point to the now-abolished (and infamous) Reserve Clause, which kept players at the beck and call of team owners for decades as virtual servants. That would indeed be close to the answer, but the real answer goes deeper, to wit: Both Major League Baseball (MLB) and at-will employment exist in their present realities because of anomalies in Supreme Court decisions.

In 1922, the Supreme Court impossibly and implausibly ruled that MLB does not engage in interstate commerce, when of course teams routinely travel from state to state to perform before fans in those outlying states. Since that finding, subsequent Supreme Court decisions have treated the 1922 ruling as stare decisis—legal precedent not to be overturned by court decision but left to the legislature to deal with. Indeed, the last time the high court entertained a suit regarding MLB’s status, it specifically deferred the antitrust exemption from the 1922 ruling to Congress. Since then, federal legislators have mostly used the antitrust exemption as a bludgeon with which to threaten MLB on matters such as steroid abuse, but never to overturn the exemption.

Similarly, at-will employment arose not out of whole cloth, but from the ether itself, following the publication of a treatise on the subject in 1877. Catch this—the title of that writing was Master and Servant, and in it author Horace Wood cites previous court decisions that he claims established the practice and principle of at-will employment. Common law at the time held that employment was guaranteed for one year, while at-will employment meant that both employers and employees would be free to end their relationship at any time for whatever cause, good or bad. Problem was, those prior court decisions Wood cited never broached at-will employment or any aspect of it. Nonetheless, after publication of Master and Servant, many courts up to and including the supreme one treated at-will employment as stare decisis, or established legal doctrine, leaving any modification of it to legislatures. Fait accompli.

(Weird or wild interpretations like these two are not uncommon in American Constitutional history and jurisprudence. To this day, almost everyone thinks the Constitution contains a clause demanding “separation of church and state,” but one would look in vain throughout the whole document and all its amendments for that clause. Indeed, “separation of church and state” was actually taken from a letter written much later by Thomas Jefferson that quickly took on a life-force of its own. The Constitution itself merely forbids the national government from establishing a religion and is completely silent on what states can or cannot do with religion except that they cannot bar its practice.)

In 1983, the Wisconsin Supreme Court wrote:

“In the late nineteenth century, apparently influenced by the laissez-faire climate of the Industrial Revolution, the American courts then rejected the English rule [of one-year employment contracts] and developed their own common-law rule, the employment at will doctrine. The doctrine recognized that where an employment was for an indefinite term, an employer may discharge an employee “for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of legal wrong.”

“Commentators state that many courts were influenced by H.G. Wood’s treatise on master-servant relationships published in 1877. In that treatise Wood wrote:

“‘With us the rule is inflexible, that a general or indefinite hiring is prima facie a hiring at will, and if the servant seeks to make it out a yearly hiring, the burden is upon him to establish it by proof…. [I]t is an indefinite hiring and is determinable at the will of either party, and in this respect there is no distinction between domestic and other servants.’

“The commentators also generally agree that Wood’s analysis was not supported by the cited authorities.”

Now, while some states and the federal government have in more recent times established laws and categories of protected classes, as they are called, to enact barriers to discrimination in both hiring and firing, the United States is alone among the industrialized nations of the world in not protecting employees from the harshness of at-will termination as a matter of broad public policy. Even the People’s Republic of China instituted its own contract labor law in 2008 to protect employees from indiscriminate termination, though there have been reports of authorities’ turning the other way during the current economic downturn (which is not surprising since authorities in China have long been “on the take”). In short, the U.S. is the only major economic power that adheres to the notion of at-will employment, but who’s actually affected?

A court in Missouri in 1985 reviewed wrongful discharge cases challenging at-will employment decisions that were reported between 1977 and 1984 and concluded:

“As many of the decided cases illustrate, the burden of the at-will employment doctrine seems to be falling most heavily and harshly upon professional and upper and middle level employees. [footnote cites 15 cases] They have the least protection. Most are at-will employees and few have job security through union or individually negotiated contracts. They have the most to lose, frequently being the long-term employees who have the greatest responsibility and substantial investment in and the highest expectations from their careers. Often they are at an age when replacement of their life and medical insurance programs and their retirement plans are difficult or impossible. They are the most vulnerable to the improper demands of employers who find it profitable to take chances with anti-trust and consumer fraud violations, environmental pollution, health-related misconduct, defense procurement fraud, and the like. The at-will employment doctrine does not include, contemplate or require a privilege in the employer to subject its employees to the risks of civil and criminal liability that participation in such activities entails.”
Boyle v. Vista Eyewear, Inc., 700 S.W.2d 859, 877-878 (Mo.App. 1985).

The prospect for changing at-will employment as a matter of public policy seems almost nil. At-will employees are mostly white collar professionals with a diverse set of skills populating a wide range of business sectors. Thus they have no one group to speak for them, except for some scattered and usually impotent and reluctant trade and professional organizations. Moreover, labor unions view these professionals with indifference or as targets for unionizing and certainly would never advocate for an end to at-will employment, which would simultaneously end almost all of labor’s bargaining power and its very raison d’etre. Business for its part would fight implementation of a contract labor law tooth and nail, and the onslaught would make the current battle against the Employee Free Choice Act (EFCA) seem like kids’ play in comparison. Finally, the Obama administration basically sleeps with labor while Republicans sleep with big business, so there is no chance for agreement on a broad public policy on contract labor.

What contract labor law achieves in one fell swoop is also the heart and soul of union and other collective bargaining agreements and is often contained within individually bargained contracts—in essence, these vehicles transform the at-will employer-employee relationship into “just cause” employment. Under just cause, the employer must show and document clear reasons to terminate an employee, and the whole decision is then reviewable by outside agents, be they the union, state or federal labor officials, arbitrators, or the courts themselves. This increases the burden on employers when they need to pare and trim or even clean house, and it may plausibly lead to more complacent workforces, but advocates argue that employment protection also results in a more cohesive and peaceful social fabric. Think European-style socialism here, a system that combines widespread unionization with sweeping job protection legislation for all employees.

So far, America has resisted the siren’s call of social and employment harmony, usually for dollars-and-cents reasons. The cost of such a system is indeed high taxation to pay for massive programs for retraining and sustaining the unemployed since job protection generally translates into leaner, more scrutinized-before-hiring workforces. However, never before has a recession been this deep, or as widely visible due to the proliferation of new media. In the 1970s, just print and broadcast media conveyed the unfolding human tragedy. Add the fax machine and some cable television, and the 1980s’ recession was similarly limited in exposure. Today, news travels by cell phones, e-mail, tweets, blogs, podcasts, e-alerts, cyber news sources, and cable and satellite TV and radio—all the new jungle drums—as well as through the more traditional but fading media. People may thus be so saturated with bad news and simultaneously filled with enough fear to finally embrace Euro-style solutions. Barack Obama certainly thinks so, though nothing on his agenda so far—except for easier unionization—speaks for an end to at-will employment.

So if at-will employment and MLB’s antitrust exemption were both born of anomalies, how do they compare today, nearly a century later?

This is where the comparison ends: As a result of the Curt Flood case in the 1970s, baseball players were freed from the Reserve Clause and have since formed perhaps the strongest union in the nation. Players make a fortune and enjoy contracts that often pay them when their skills have long since departed, or even after they’ve been felled by injuries, never to play again, while MLB continues to enjoy an antitrust exemption. Meanwhile, for the tens of millions of at-will employees out in the American workforce, the huge numbers of layoffs each month during the current recession are a stark reminder of their “servant” status under Horace Wood’s clandestine but ingenious implementation of at-will employment. As a result, the Reserve Clause has been preserved for the rest of non-unionized America.

Play ball.

Note: The details in this white paper are provided for informational purposes solely. All answers are general in nature, not legal advice and not warranted or guaranteed. Readers are cautioned not to rely on this information. Because laws change over time and in different jurisdictions, it is imperative that you consult an attorney in your area regarding legal matters and an accountant regarding tax matters.

Gary McCarty is a researcher and Web content provider for Personnel Concepts, a pioneer in the labor law poster compliance industry based in Ontario, Calif. He supplies the content for the company site, http://www.personnelconcepts.com, from which this is taken.

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KILL THE CANCER RIGHT AWAY

admin — Sat, 21 Nov 2009 13:47:46 +0000

Cancer, for instance, strikes anyone of any age,
and of any race or social background. Cancer will
find you whether you lead a healthy or unhealthy
lifestyle; whether you’re physically fit or out of
shape; whether you exercise regularly or are a
couch potato; whether you’re rich or poor, male or
female; whether you’re a vegetarian, pescetarian
or meat lover; and whether you’re an adult,
adolescent or child.

DID YOU KNOW… that 1 out of every 3 adults in
America already has cancer? But most of them
don’t know it yet because the cancer is
undiagnosed and undetected. According to the
American Cancer Society, there’s a 41% probability
that an individual, male or female, will develop
cancer in his or her lifetime (or die from it).
Additionally, every human being has cancer cells
existing in the body which are just seeking a
low-oxygen environment where they can multiply
into the full-blown disease.

What if you could reduce your chance of getting cancer
from 41% to zero? What if you completely removed
all probability that you’ll ever get ANY disease,
for that matter? And what if you had a way of
curing any disease that you might already have?

“Is that really possible?” you ask.

The answer is a resounding “Yes!”

But you can’t do it simply by eating a healthy diet, or
even by becoming a vegetarian. Linda McCartney,
the late wife of Paul McCartney was a life-long
vegetarian, who not only campaigned for vegetarianism,
but also wrote a book on vegetarian cooking and
produced a line of frozen vegetarian meals. Yet,
despite her healthy eating, she died of breast cancer
at the age of 56. That’s 20 years ahead of the average
life expectancy of American women.

And you can’t become immune from disease simply
by exercising or becoming physically fit. Some of
the greatest athletes of our time, including 7-time
Tour de France champion Lance Armstrong, Olympic
ice skating champions Scott Hamilton and Peggy
Fleming, and basketball star Magic Johnson, have all
been victims of cancer or HIV.

And no, neither can you prevent or cure disease by
popping a variety of nutrients, super “nutraceuticals,”
vitamins and minerals either.

The absolute best way to eradicate disease from your
life is by supplying the cells and tissues of your body
with its most essential element – and that’s oxygen.

Why?

Because even though your body may need an array of
different elements and nutrients such as CoQ10,
magnesium, Omega-3 fatty acids and the like, only
oxygen is in such critical demand that an insufficient
supply makes the body develop diseases — and it absence
causes the body to die within minutes.

Oxygen creates an environment in the body that enables
the body to CURE ITSELF of virtually all diseases
characterized by viruses, harmful bacteria, toxins,
disease microorganisms and pathogens, including but
not limited to cancer, AIDS, Alzheimer’s and Parkinson’s
Disease, diabetes, rheumatoid arthritis, multiple
sclerosis, heart disease, ulcers, asthma and many other
types of diseases, including the flu.

But the important key to remember is that
sufficient amounts of oxygen need to be supplied
at the CELLULAR level. Unless oxygen is delivered
to the cells and tissues of the body, it cannot do
a good job at creating an environment in the body
that is uninhabitable by disease.

Only the simple therapy described in “The One-Minute
Cure” effectively moves oxygen atoms from the
bloodstream to the cells to a dramatically greater
degree than is usually reached by all other means.
That’s why this one-minute cure has been administered
by over 15,000 European doctors, naturopaths and health
practitioners to millions of patients to cure practically
every disease known to man.

They have yet to find a disease that does NOT respond
well to this one-minute cure. When you self-administer
the easy, painless therapy at home in less than 1 minute,
it instantly floods your cells and tissues with oxygen. All
disease microorganisms, viruses, microbes and pathogens
die in high-oxygen environments because they are
ANAEROBIC (i.e., they seek out and thrive in
low-oxygen environments).

Your healthy cells, on the other hand, are AEROBIC, which
means that they not only thrive but become
rejuvenated and revitalized in the presence of oxygen,
thereby promoting vibrant health.

All told, the one-minute cure is your best bet for
reducing your chances of getting cancer (or any other
disease) down to ZERO – and preventing disease from
invading your body, to begin with.

In this world where disease is so prevalent, and
practically no one escapes disease, you owe it to
yourself to discover the one-minute solution to
all your health fears and worries. Disease doesn’t have
to scare you anymore, nor does it have to make you
feel helpless, or worse, dependent on expensive
drugs, procedures and therapies offered by
organized medicine.

Take control of your health today by giving yourself
the gift of “The One-Minute Cure: The Secret to Healing
Virtually All Diseases.” Go to:

http://www.1shoppingcart.com/app/?af=1022855
and get your copy before enterprises,
cartels and agencies whose trillion-dollar
empire is threatened by this information force this book
out of circulation.

Here’s a sneak peek at what you’ll find in “The One-Minute
Cure”:

* Why cancerous tumors shrink in the presence of
this natural substance — and inhibits the growth
of other tumors and disease tissues as well.
Featured case study: A scientific experiment
which showed how tumors disappeared within 15 to
60 days after this substance was administered in
drinking water. — see page 61

* How this therapy has become the choice therapy
for treating drastic cases of emphysema — many
patients have reported that the therapy has
improved their breathing so much that they no
longer need oxygen tanks and wheelchairs — see
page 79

* Did you know … that expensive interferon drugs
owe their efficacy to raising the body’s oxygen level?
Find out how this natural substance employs the same
mechanism of action as interferon — without producing
side effects — and why it is now being used as an
inexpensive alternative to interferon for the treatment
of Multiple Sclerosis — see page 66

* How this simple therapy causes your body to cure itself
of cancer — even in cases when the disease wasn’t caught
early, and even if it’s a late-stage cancer — see page 44

* Keep your pets healthy, too – Administering this natural
oxygenating substance in the drinking water of your dog,
cat, horse or other pets cures everything from heartworms
to parasites to feline leukemia — without the use of pet
medications. It has even been given to race horses
to improve endurance and shorten recovery times after
races. — see page 93

Go to: http://januszek13.omc888.hop.clickbank.net
to discover all of this and more.

Wishing you the best of health and freedom from disease,

Your Friend
januszjanulis

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