In understanding "where we are now", businesses must identify customers, competencies, and competitors. Explain this concept using an example.
In: Operations Management
Describe the characteristics of the manufacturing inventories and distribution inventories from the perspective of the manufacturing industry.
In: Operations Management
When the plaintiff was 16, he was employed by Kmart as a cashier. At the end of his training, he was required to read Kmart’s policy agreement, which included an agreement to submit all employment disputes to arbitration. and click online to acknowledge the agreement or click another button to opt out. After clicking on the confirmation, the employee receives the following message: “By clicking below, I acknowledge that I have reviewed and agreed to the terms page 371and conditions set forth in the Arbitration Policy/Agreement. I also understand that I may change my mind and opt out of the Agreement within 30 days of today’s date by returning the Arbitration Policy/Agreement Opt Out form located at the end of the Agreement.” Lopez did not opt out of the agreement.
One month after his eighteenth birthday, Lopez joined a putative class action case against Kmart for failure to provide accurate written wage statements as California Labor Code required. Kmart filed a motion to compel arbitration consistent with the Agreement that Lopez electronically signed. Lopez contended that there was never any valid agreement in the first instance because Plaintiff was a minor when he acknowledged receipt of the Agreement, or in the alternative, because Plaintiff was a minor when he acknowledged the Agreement, he disaffirmed it one month after his eighteenth birthday when he filed his class action.
JUDGE JACQUELINE SCOTT CORLEY California law plainly provides that a minor has the capacity to contract, with the exception of those contracts specifically prohibited…..a minor may make a contract in the same manner as an adult, subject to the power of disaffirmance…. a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards
Disaffirmance “may be made by any act or declaration” indicating intent to disaffirm; in other words, “express notice to the other party is unnecessary… and “[n]o specific language is required to communicate an intent to disaffirm… The policy behind disaffirmance is clear: it “shields minors from their lack of judgment and experience and confers upon them the right to avoid their contracts in order that they may be protected against their own improvidence and the designs and machinations of other people…. At the same time, the disaffirmance statute also reflects a policy “of discouraging adults from contracting with minors.”
The parties have not cited any California case in which a court considered a minor’s right to disaffirm an employment contract or arbitration agreement with an employer, and this Court has found none. However, no case law is required when the relevant statute spells out the answer: the plain language of Section 6710 entitles Plaintiff to disaffirm the Agreement… Filing the instant action was sufficient to disaffirm the contract. … Plaintiff did so within one month of reaching the age of majority, which by any measure is sufficiently soon to constitute the “reasonable time” that the statute envisions.
Kmart next contends that Section 6710 only applies to contracts for goods and services, not contracts that govern the employment relationship… Section 6710 refers to “a contract of a minor” generally, without reference to the type of contract. Instead, the only limitations the statute includes are the express statutory exceptions in Section 6711 and contracts for necessaries
In short, although Plaintiff entered into a valid arbitration agreement with Kmart, he has exercised his statutory right of disaffirmance, thereby rescinding the contract and rendering it a nullity.
Defendant’s Motion to Compel Arbitration Denied.
CRITICAL THINKING
Kmart’s attorneys argued unsuccessfully that by allowing the minor to disaffirm the employment, the court was discouraging employers from hiring minors in the future. Do you think the court should have given more weight to this argument?
ETHICAL DECISION MAKING
What values were in conflict when the court made this decision?
In: Operations Management
Diversity is a potential source of conflict in organizations.
In: Operations Management
After purchasing a food processor, Naomi receives ______ about a new pressure cooker designed by the same brand. a. Remittance advice? b. ?A request for quotation c. ?Sales promotional material d. ?A call for bids
In: Operations Management
In: Operations Management
On April 12, 2018 an incident occured at a Starbucks Coffee shop in Philadelphia, Pa. Based on your studies Please write a report on the causes and effects of the incident evaluate the response by Starbuck's Corporate Management.
You should analyze the insident on the operations and corporate level of Starbuck's (operations employees/managers, corporate management/policies) considering the skills(managerial effectiveness.communication, motivation, leading and teaming) needed and how they apply to this situation.
Please do a top to bottom analysis considering the corporate mission and values and the effect of this Starbucks. Include your opinion,based on the information studied. on the solution proposed/being implemented by Starbucks's corporate management.
This paper should identify problems and solutions in a realistic application of interpersonal skills.
In: Operations Management
Assume that if the product requested is not in stock,
it needs to be manufactured
before the order handling can continue. In this way, an order can
never be rejected.
To manufacture a product, the required raw materials have to be
ordered. Two
preferred suppliers provide different types of raw material.
Depending on the prod-
uct to be manufactured, raw materials may be ordered from either
Supplier 1 or
Supplier 2, or from both. Once the raw materials are available, the
product can be
manufactured and the order can be confirmed. On the other hand, if
the product
is in stock, it is retrieved from the warehouse before confirming
the order. Then
the process continues normally. After confirming the order, the
shipment address is
received and the requested product is shipped while the invoice is
emitted and the
payment is received. Afterwards, the order is archived and the
process completes.
3. Experimental Factors & Responses
- Discuss the potential experimental factors of your simulation
study.
- Discuss the potential responses and explain how they should be
presented.
4. Models Process Map
- Diagrammatically represent your conceptual model in a form of a
process
map
- Make sure that the constructed process map is representative to
the model
contents and level of details.
In: Operations Management
Given the projected demands for the next six months, prepare an aggregate plan that uses inventory, regular time and overtime, and backorders. The plan must wind up with no units in ending inventory in Period 6. Regular time capacity is 150 units per month. Overtime capacity is 20 units per month. Overtime cost is $30 per unit, backorder cost is $20 per unit, inventory holding cost is $5 per unit, regular time cost of $20 per unit, and beginning inventory is zero.
Month Forecast
1 180
2 170
3 140
4 150
5 130
6 150
1.How should overtime capacity be utilized? (In what period, and how many units)
2.What are the total regular time costs?
3.What are the total backorder costs?
4.What is the total cost for this plan?
In: Operations Management
For following question match the description to the correct part of the IMC mix. Mega Deal, the newest big box membership store has discovered that it can determine the approximate ages of the children in their customers’ homes and design marketing campaigns targeting the moms with special offers. This is an example of what emerging trend in marketing?
Question 20 options:
Guerilla marketing
Advertising
Sales promotion
Personal selling
Data management
For following question match the description to the correct part of the IMC mix.
Famous Foods is sending out 500,000 postcards with a QR tag that allows customers to connect directly to their Website and get free recipes and party ideas.
Question options:
Guerilla marketing |
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Advertising |
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Sales promotion |
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Direct marketing |
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Personal selling For following question match the description to the correct part of the IMC mix. Tupperware changed the home goods industry by hiring ordinary housewives to host parties at which demonstrated the product and took orders on the spot. Question options:
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In: Operations Management
Describe two examples of how LP (Linear Programming) modeling can be applied to solve real-word managerial decision problems. What are some of the items you need to identify in order to formulate an LP model? How would you measure the effectiveness of LP modeling in managerial decision making in an organization?
In: Operations Management
hau lee furniture inc spends 45% of its sales dollars in the supply chain and finds its current profit of $35000 inadequate. the bank is insisting on an improved profit picture prior to approval of a loan for some new equipment. Hau would like to improve the profit line to $40,000 so he can obtain the bankks approval for the loan. Sales- $100,000 Cost of Materials- $45,000 (45%) Production Costs $15,000 (15%) Fixed Cost $5,000 (5%) Profit $35,000 (35%) What percentage improvement is needed in the supply chain strategy for profit to improve to $40,000? What is the cost of material with a $40,000 profit? A decrease od _____% in material (supply chain) costs is required to yeild a profit of $40,000 for a new material cost of $______ What percentage improvement is needed in the Sales strategy for profit to improve to $40,000? What must sales be for profit to improve to $40,000? An increase of ____% in sales is required to yeild a profit of $40,000 for a new level of sales of $______
In: Operations Management
What recommendations would you have for traditional retail brands to survive in the increasingly digital and online world?
In: Operations Management
Quintiles Transnational: Dennis Gillings founded Quntiles Transnational in 1982 when he realized that drug companies were great at inventing new medicines but not particularly good at analyzing the vast amounts of data that came out of clinical trials. He thought drug testing should be broken down into a series of standardized steps and he signed up a network of doctors interesting in enrolling patients in clinical trials. In the ten years leading up to 2010, Quintiles had conducted 4,700 trials on 2.7 million patients.
Quintiles also established a large contract sales organization (CSO) to support its pharmaceutical company clients. Large pharmaceutical companies, faced with cost pressures as well as the costs of maintaining their own sales forces, have increasingly turned to CSOs like the Innovex division of Quintiles, PDI Inc., or inVentive Health to provide variable cost “flex reps” as an alternative to adding the fixed cost they would incur if they added to their own sales forces. CSOs are widely used in therapeutic areas that require somewhat less scientific knowledge, like respiratory, dermatology, and lifestyle. The growth rate in contract sales and marketing was projected at 35% to 2015.
Question: What are the risks of using or not using the CSO arm of Quintiles. 150 words or more.
In: Operations Management
Skyline Preparatory High for Girls is an elite prep school with 47 faculty and staff members on the payroll. Jamie Davis, a two-year English instructor, becomes pregnant. She is not married. She is a slim woman who is not showing visible signs of pregnancy and has not told the school administrators of her pregnancy. In her sixth month of pregnancy she develops pre-eclampsia, necessitating that she go on pregnancy leave immediately. Davis requests medical leave due to her pregnancy and applies for FMLA, believing that she is eligible (and because she desires to care for her baby after the baby is born). Skyline Prep's Headmaster, Doris Jones, tells Davis that she must resign because she would be setting a poor example for the students. Davis refuses, and now Doris Jones wants to terminate her.
Evaluate the actions of the school in this situation. In a positive and professional way, explain to Doris Jones what the school should do to prevent an adverse situation from occurring.?
As an attorney, what actions would you recommend that Doris Jones take to resolve this situation?
In: Operations Management