Criminal Justice Workforce

Criminal Justice Workforce
Criminal Justice Workforce

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Criminal Justice Workforce

Define Management, organization, and leadership

Management explains all activities involve in establishing an organizational strategy alongside the coordination of worker efforts to achieve its goals by using the available technological, human, natural, and financial resources.  An organization describes a group of individuals having a specific objective. According to Basran et al. (2019), leadership is the act of motivating people towards accomplishing a common purpose. In the business environment, leadership is giving directions to employees and colleagues with the required strategy to meet company goals.

Criminal Justice Workforce

Roles of Manager and Leader in Criminal Justice Workforce

A manager executes duties including organizing, planning, directing, controlling, and staffing. These functions are necessary for the effective operation of a criminal justice workforce and achieving their goals. Planning is an essential step for establishing goals and strategies for the coordination of tasks. The organizing function determines the tasks to be completed, the method of execution, grouping the tasks, and areas where decisions are made.

Directing functioning is about giving directives and motivation of subordinates to achieve their objectives. In the criminal justice system, the leader sets the vision. When the team members understand the goals and vision of the criminal justice system, they are focused and understand the way their duties help to accomplish success. A leader also delegates tasks and ensures that everyone is on the same page. A leader is responsible for ensuring that all workers work towards ensuring that people receive justice and fairness.

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Criminal Justice Workforce

Need for Learning Organizations in Criminal Justice Workforce and Agencies

A learning organization has a learning culture that is vital for all criminal justice agencies. A learning culture explains where the organizational systems, practices, and values encourage and support both the organization and individual to increase competence, performance levels, and knowledge. In turn, it ensures the criminal organizations have continuous improvement and support the accomplishment of the agencies’ objectives, innovativeness, and ability to address changes.

A learning organization in the criminal justice system challenges workers to change their status quo, think critically, and ensure that the steam is not always stuck in its thinking approaches (Basran et al. 2019). Instead, it advocates for the creation of capacity and adaptability that is necessary for change. The criminal justice system is evolving, and new cases come up every day.

Technology has changed the landscape, and the way decisions are made. This explains why a learning organization must be in place. More specifically, a learning organization increases efficiency, productivity, and profit while also reducing employee turnover rates because it increases their satisfaction levels.

Criminal Justice Workforce

Different Generations in today’s changing criminal justice workforce and organization

A generation explains people who are born in a particular era and are defined by their age limitations. In the United States, there are four main generations in the workforce. These are the baby boomers, veterans, millennials, and the Generation X. in the modern-day criminal justice organizations, and each generation has its distinct trait, behavioral patterns, values, personalities, attitudes, and beliefs towards work.

The veterans are very loyal to their vocation, are highly dedicated, conformist, and security-conscious (Skibba, 2018). They have a strong dedication to teamwork and collaboration. Baby boomers work effectively and are optimistic, loyal to their employers, results-oriented, and self-reliant. They exert much effort into their personal life and work. When it comes to their leadership styles, they must be directed by their managers and follow a given chain of command.

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However, they hate changes in their companies and are not technologically updated. Independent needs often drive Generation X, and they dissent leaders. They are loyal to their employers and have strong technical prowess. They are also tech-savvy and very interested in their technologies and knowledge at work.

Generation Y is ready to work hard but are also collaborative and non-conformist (Vargas, 2016). They are always happy to be involved with a team, resilient to changes and can multi-task. Besides, they are also tech-savvy and still keep up with the modern trend, which is suitable for the criminal justice system.

What aspects of leadership and management would be successful with the different generations of the Criminal Justice Workforce?

Millennials are the workforce’s largest demographic, and their needs are driven by the desire to have fulfillment and purpose. Leaders must define all the roles that are assigned to the millennials based on their mission. The leaders must look at an individual holistically. Their concerns and needs outside work influence their work performances. Millennials also require employers to handle issues that impact their families, such as maternity and paternity leave and medical insurance (Hunt & Fitzgerald, 2018).

Baby boomers need servant leaders. This is because they are goal-oriented, loyal, and resistant to change. A servant leader will recognize all these aspects and understand the best way to cultivate and turn them into people who embrace change. Generation X and veterans require transformative leaders. These groups need leaders who can influence them about the need to adapt to the changing market trends, which they will follow without complaining. A transformative leader is not imposing. The age of the veterans needs a leader who understands the workers and not imposing himself on them.

References

Basran, J., Pires, C., Matos, M., McEwan, K., & Gilbert, P. (2019). Styles of leadership, fears of compassion, and competing to avoid inferiority. Frontiers in psychology9, 2460.

Hunt, J., & Fitzgerald, M. (2018). Styles of Leadership. Leadership: Regional and Global Perspectives, 62.

Skibba, M. E. (2018). Recommendations for law enforcement retention practices and the impact of generational differences.

Vargas, M. A. (2016). Generational supervisory gaps in law enforcement.

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Corporate Governance Law

Corporate Governance Law
Corporate Governance Law

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Corporate Governance Law

Introduction 

Corporate governance refers to procedures, traditions, principles, institutions and laws that may affect the way a firm may be controlled [1]. The most important element in the corporate governance regards the nature and degree of obligation of people in the business and their efforts to cut down on the principal-agent predicaments. This is inclusive of the connections among the different people involved and the objectives for which the company is controlled.

In the modern business world, the major external groups of stakeholders include; debt holders, trade creditors, suppliers, communities and customers who are directly or indirectly affected by the corporations [2]. On the other hand, the internal stakeholders consist of executives, board of directors and employees within the corporation.

The following discussion will put more light on the corporate governance laws their origin under the combined code, theories of corporate governance and the role of shareholders in an organization [3]. Besides, the role of directors will be analyzed and the rationality as to whether the corporate governance should be statute based or code based discussed.

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The Combined Code

The Unite Kingdom governance code 2010 refers to situate of principles of proper corporate governance which targets firms that are quoted on the London stock Exchange. The rules of being quoted are provided by the statutory weight in the financial services and Market Act 2000.

The rules provide that all firms quoted must disclose all the information about the conformity to the code in their statements of accounts. There are principles adopted by the code to give guidelines for best practice [4].These principles must be adhered to unconditionally to enhance best practice.

This code’s origin can be traced back in 1992 when Cadbury issued a report in response to various major scams which were linked to United Kingdom’s governance failure. A committee was formed in 1991 on the eve of Polly Peck a major UK firm that went insolvent due to many incidences of making false financial reports [5]. The report brought to light financial matters, auditing methods and general corporate governance issues hence the recommendations that; there should a separation of CEO and Chairmen of firms.

Besides, the board of directors must at least have non executives with no interests in the firm. The report also recommended that the board must consist of non-executive audit committee. Though they were alot of controversies regarding the recommendations, in 1994 they came to be incorporated in the listing rules at the London Stock Exchange. The requirements were meant to be strictly adhered to by all. In case there was no compliance to the principles, the firms were to give reasons for the non-compliance to the principles [6].

In 1995, another committee was set up which produced Greenbury report that was to probe into the executive pay or compensation.The report later made recommendations that a remuneration committee was to be part of every board without the directors but the chairman inclusive. And that, long term performance related pay to directors was to be disclosed in the accounts of the company for which the contracts were to be renewed every year [7]

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Another committee that was recommended by Greenbury report was set up to review the reports earlier issued. This resulted into Hampel report in 1998 which recommended that Cadbury report and Greenbury report be merged into one to form Combined code.

The report made further recommendations that the non-executive leader was to remain the chairman of the board. Besides, shares held by institutional investors were to be considered in voting though compulsory voting was rejected. Similarly, the disclosure of all kinds of remuneration was to be adhered to, inclusive of pensions [8].  

Furthermore, Turnbull committee issued a mini report which made recommendation that internal financial and audit controls were to remain under the jurisdiction of the directors. Following the collapse of Enron in the U.S, other mini reports like Higgs Review and Derek Higgs were issued which placed their attention on what the non-executive directors were to do in case they encountered problems within the reports from the company.

Financial Reporting Council later issued a stewardship code in 2010 with a new version of UK corporate governance code which then distinguished issues from another [9].

The compliance of the code is one issue to determine as to whether the firms adhered to while the reasons for non-compliance is another. A report issued by Pensions & investment Research Consultants ltd revealed that 33% of the quoted firms were in full compliance of the codes provisions. This was in reaction to the Financial Reporting Council paper that was released in 2007[10] .  

The report further revealed that poor compliance to the code contributed largely to poor business performance. In particular the major provision of separating the CEO from the chair contributed to 88.4% rate of compliance. Recently, the Financial service authorities made a proposal that requirement to comply with the principles was to be abandoned but rather compliance to rules was to be followed.

This was after many recommendations that accountability was to be implemented via the market and not the law. The main reasoning was that if the shareholders conceded to noncompliance because it worked for them, they were not to be punished as a result exit of investors [11]

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The Berle-Means thesis

Berle and Means thesis revolves around the theory of governance in public limited firms in which there is separation of ownership and control from shareholders[12]. In this case the boards of directors are trusted to represent their interest in the firm. The theory stipulates that with time, there is so much absorption and dominance of the boards of directors that their responsibilities become less effective in which case the executives have to give an ultimatum say.

The Berle and means thesis places its attention on revolution by managers in which control of corporations changed hands from owners to managers [13]. Though currently policy of corporate control has now shifted back to owners in investor capitalism. Owners who are currently acting as stock market manipulators have recently risen to stress high level of control over the independence of the CEO [14](Brinkman and Brinkman, 2002; p. 403). This has practically gone into vicious circle to culminate into surplus profits by CEOs. 

The effect that ownership and control severance as determined by the sense of ownership of equity stake firms and the sense of having the power to dictate the corporate policy, has had on the corporate governance analysis can be easily described [15]. According to the views of Monks and Minow[16]  managers in public corporations have interests and objectives that are unique from those of the owners.

Alternatively, when there is lack of sizeable share by the shareholders to have an impact or influence on the directors and executives, the board may at this point apply agency cost which is initiated by managers who serve their interests to develop into a major concern. 

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There are different market-oriented mechanisms like external directors’ monitoring, compensation based on performance and corporate control by the market to assist in aligning the management’s interest with those of shareholders [17]. Nevertheless, just like the shareholder value whole destruction in major financial corporations that were publicly traded in U.S in the recent markets, there can be persistence of major gaps in the accountability.

Therefore according to [18] the American corporate governance intellectual mission takes the form of seeking for Holy Grail in the organization which is a technique that connects ownership and control separation via putting in line the interests of the manager with those of the owners.

According to [19]diffusing ownership and control in the United Kingdom, depends highly on a pattern of companies that are publicly traded to make an argument that, high number of corporations in U.K have a bigger percentage of shareholders and the concentration of ownership in UK firms same as concentration of ownership of firms in other country’s corporations.

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Berle and Means predisposes that there is a thinning out in ownership and control; such that a significant portion of individual’s wealth has the interests in huge enterprises with which no one person has a major share. The proof on the ownership and control separation was nonetheless not made out.

It is clear that apart from a majority of firms falling out of the Berle and Mean’s theory, there was also others that qualified by attaining the bright line standard which was to describe the control by management.  The rest of the management controlled roll comprises of firms where the control locus are uncertain. 

The supposition that distinguishing control and ownership, is a turning point of corporate governance in the United States which has been put to too much criticism of late. The paradox is whether conventional wisdom was to be ignored but it seemed it could not be. While there is an argument that by 1900 there was too much dominance of unending capitalism in the U.S to a level that did not match with that of the European countries that were industrialized, there existed various publicly trade US firms.

This is because by that time ownership was starting to split from the corporations control especially in the largest firms. Through the trust divisions, banks have currently equity portfolios that are sizeable and representation on boards of different public organizations. Hence therefore it is difficult to observe the pattern changing[20].

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 Parkinson’s theory of Corporate Social Responsibility

It is a form of corporate self-governing which is integrated into business model. Corporate social responsibility (CSR) policy operates as an in built in which a firm monitors and ascertains its active conformity with the law spirit, standards of ethics and international wide norms.

The main objectives of CSR are to embrace company’s responsibility, actions and promote a beneficial impact through its activities on the surrounding, customers, employees, general society and all other stakeholders. According to Parkinson the theory of social responsibility came into common phenomenon in the late 1960’s and early 1970’s. This was on the formation of the term stakeholders by multinational implying those whom a firm’s activities may have an effect. 

Supporters of the theory argued that businesses get a long term gains by transacting their business with a point of view while those who oppose argue that CSR defrays from the fiscal role of business. The rest make arguments that CSR is a way of window dressing, in an effort to perform the role of the State as watchdog of multinational firms. Nevertheless, CSR is entitled to help companies mission as well as to provide guidance to what firms may stands for while promoting the interests of its consumers [21]

Developing business ethics is one way of applied ethics that establishes ethical norms and morals that can emanate in a business setting. There are different approaches that were observed by Parkinson as principles for responsible investment. These are described below;

Philanthropy approach; which comprise of donations of money and aid to local groups and communities that are impoverished. Some companies do not prefer this approach because of its inability to build and develop skills among the local people. This is opposed to community development which sustains development in the community. 

Another approach consists of CSR to integrate CSR strategy straightaway into business plan of a company. For example establishment of fair trade which has been adapted by various organizations as it enhances commitment to the community. The other approach is heightening the corporate responsibility interest which is commonly referred to as creation of shared value [22]. This is based on the fact that social welfare and success of organizations depend upon each other.

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The potential benefits to business

The benefits accrued to CSR for a firm usually vary depending on the characteristics of the enterprise. The nature maybe difficult to quantify and as such there are high advocacy for measures to be adopted beyond financial benefits. Parkinson found a correlation between the environmental performance and financial performance.

Sometimes business may not look at the short run returns when formulating and establishing their CSR strategy [23]The following are some of the postulates that determine the arguments why businesses engage in CSR;

Human Resources: Through the CSR program firms can be in a position to recruit and retain employees especially in a competitive graduate student market. During interviews, potential recruits normally inquire about the CSR policy which can give an advantage if a firm has a comprehensive policy. This can help develop on the perception of a firm among the staff particularly when the staffs are highly active in the community development and volunteering.

Management of risk: This is a major concern for corporate strategies in which the reputation takes years to develop. Nevertheless, this can be ruined in a few minutes or hours through cases such as scandals in corruption or accidents related to environment[24]. In addition, unwanted attention can be drawn from courts, regulators, media and the government. In building an authentic culture, corporations need to do the right thing to offset the risks associated.

Differentiation of brand: In a competitive market place firms require to have an exceptional selling offer that can distinguish them from their rivals among the consumers. CSR can play a big part in developing customer loyalty which is based on the unique ethical values. Hence a business can benefit more from integrity and best code of practice.

License to operate: At most times, it is argued that corporations are normally keen to avert interference in their transactions through the regulations and taxations. Therefore they would take substantive voluntary steps  in convincing the government and the general public that they are concerned with the health, safety, environment and the diversity of the community as good and dependable corporate citizens in respect to the labor standards and environmental impacts[25]

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The role and importance of directors

The directors are appointedon behalf of shareholders to carry out the daily running of the business affairs. They are mediators in the principal agency costs between the shareholders and the managers. In this respect they are directly accountable to the shareholders every year during the annual general meeting where they’re to give an account of the full business report in conformity to the principles of corporate governance [26].

Their role is to ascertain the prosperity of the firm by meeting the appropriate interests. The board of directors must also deal with various challenges and financial issues relating to corporate governance, social responsibility and ethics of corporation. 

Periodic meetings must be held by the director board in order to discharge their duties effectively. Their roles include the following:

  • Formulating the vision, mission and core values of the firm. The vision is meant to set the momentum for the operations and development of the company.  The values are meant to be adhered to throughout the life of the corporation. Organizational goals are to be determined and company policies are also to be set to guide employees and management in effective running of the business.
  • The board sets strategies and structure where the SWOT analysis of the firm is considered. This is in relation to external environment. The board prepares the options strategic to the objectives and in line with the vision and mission of the firm. Hence the firms structure from the top management to the subordinate, defines the way the strategies will be implemented.
  • The board of directors delegate duties to the management and supervises and monitors the implementation of the strategies and the policies inclusive of the business plan. In this respect they ascertain that internal controls are effective.
  • They also command accountability to shareholders and obligations to the stakeholders. This are perfected through constant communication with the owners and the relevant parties of interests. The board on the other hand takes into account the stakeholders interests and tries to balance them to suite other parties. This ensures high support of goodwill amongst the relevant stakeholders. The director’s work for the good of everyone; the company and all the stake holders.

Principles of corporate governance with which the director’s work

The principles that were recommended in the Cadbury and OECD reports revealed the following in good governance[27]

  • Rights and shareholders equal treatment where the firms must respect the shareholders rights and help the shareholders in exercising the rights through open communication of information and encouragement in general meetings attendance
  • The board and responsibility and roles; where the board requires relevant appropriate skills in understanding and challenging the performance of the management. It also needs substantial size and relevant autonomy and dedication to fully fulfill its obligations and duties[28].
  • Interests of other stakeholders; firms must realize their legal, social, contractual and market driven duties to other stakeholders which consists of; creditors, investors, customers, policy makers, suppliers, employees and the community [29].
  • Ethical behavior and integrity which must be a fundamental necessity in making a choice of corporate and board members. This ensures efficiency and proper code of conduct in promoting healthy decision making [30].
  •  Transparency and disclosure; where the firms must always clarify and make all information relevant known to the public and the stakeholders with some level of accountability. The firm must also execute procedures to ensure and protect the integrity of the firm’s financial reporting. Clear and factual information must be accessible to investors on timely basis to enable them make relevant decisions that may be beneficial to the firm[31].

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Mary Stokes argument

Mary Stokes’s argues that a good company reporting is vital as it gives information to owners as well as other outside stakeholders such as creditors, employees and customers. This concerns all the people who may have interests in the company and its transactions and activities. The requirement for information is can be equally balanced against the company’s costs of gathering and publishing it.

This also constitutes the costs to the users of the information in searching for what they desire to get. Sharing and disclosing of information comprise of a substantial section of company law. The legislation and legal texts normally underscores to the user of the information, the meaning of the disclosure requirement.

            Therefore this is illustrated in the codes of practice and books of rules of different institutions for which the firm may be related to in one or another like the Financial Services Authority. Many people are engaged or involved in the information disclosure which may be released in newspapers, reports, on internet or promotional strategies.  The effectiveness of disclosure systems in UK has come into different uncertainty despite the prominence on disclosure requirement.

The uncertainty and criticism focuses majorly on the burden of costs complexities and absence of clear dimensions of evaluating performance at the same time poor modes of verifying the process and refusing to give the users of the information with the real information they need. 

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In determining or pondering the over the disclosure issue, there should be assessment of the objectives of company law and role of disclosure. In understanding this concept, one requires to have full knowledge of the jurisdiction of companies and the company law in communication process. In particular the UK’s disclosure era is part and parcel of a legal system that makes assumption that owner have a centered model of the firm.

Mary Stokes provides a description of the different stages of a legal model by stressing on the traditional model which initially took directors of a firm as agents of the firm. Their power of control could at any time be retracted by the owners. At the same time, directors as agents were entitled to accept implementing specification s issued by the principals of the firm who were the owners.

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At later times the traditional model was abandoned where the directors were viewed as organs of the firm. The owners no longer issued directives to the directors on what to be done. Nonetheless the model issued power to shareholders to supervise the director’s actions and power to dismiss and appoint directors on the basis of merit. This implied that directors were under the official duty of meeting the interest of the owners.

Under no time could they place their interests before the owner’s interests. Mary continues to stress that legal model adopts two mechanisms of ascertaining that directors of a firm adhere to the controls of the shareholders. By use of internal division power in the firm the shareholders are able to appoint and dismiss directors at the same time supervise them while they are in office.

Second; is by use of fiduciary duties that expects of them to perform in the best interests of the owners. She makes an addition the collective purpose of legal mechanism is to impel managers and directors to maximize profits for their firm and bar them from maximizing their own interests.

Corporate Governance Law

Moreover, there also exist more beneficial reasons for system of disclosure than the mere avoidance of regulatory intervention. For instance, it could enable investors make more productive decisions concerning proper investment decisions and disclosure could shield them from fraud caused by the managers and directors. In addition, some experts propose that disclosure of information could subject the corporation to democracy hence allowing participants to make decisions that may be influential and more effective to the firm.

That more interaction with the disclosure requirements can bring more benefit to the firm due to shared perspectives and perceptions that can build the firm to higher levels of development and expansion[32]. Besides, the participants are able to make judgments and hence connecting accountability and participation. 

Corporate governance should be code- based or statute-based

Statute based corporate governance was adopted from the US corporate governance regulation –[33]on responsibilities of the corporation. This was enacted by the United States of America House of Representatives and the Senate. SOA has had great influence on the development and is currently accelerating European Union regulation of governance [34]. There are serious concerns expressed by EU over the United States’ steps they have laid down specifically the unprecedented outreach impact of the SOA for EU firms and EU auditors [35].

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EU based firms with US parent firms or subsidiaries that are quoted on the US stock exchange as controlled and monitored by Security Exchange Commission are required to conform to the Sarbanes Oxley Act 2002. In this respect therefore, there was reconsideration of the main concerns by the commission on initiatives on the upgrading of corporate governance [36].

In response to the recent financial reporting scams, the obligation has been put forth to put into practice for capital markets of EU standards to promote public confidence in the function of audit and the necessity to act in response to SOA. The new contemporary regulatory framework for audit will be in use to non-EU audit firms which carry out the function of audit in connection to companies listed on the capital markets of European Union.

In achieving this identity of the EU regulatory advance to the defense of investors and other stakeholders, discussions have been put forth by the commission with the SEC to be precise but also with the major policy maker in the US congress and EU ministers for finance[37].

Corporate Governance Law

            In view of whether to adopt the statute based corporate governance or the code based corporate governance, one must consider the constituents parts of the two Acts; together with the governing bodies and the state of compliance for the corporate governance. Sarbanes Oxley Act is far too complex to be adopted by UK [38].

For instance, section 404 on internal control assessment stipulates that a report to be submitted by the external auditor and management on the efficiency of the company’s financial report internal control. On the other hand, in the combined code it only requires that disclosure of the financial statements according to the principles of corporate governance.

This is normally hard to for UK based firms to adopt especially those operating in US. Besides, this must be approved by public company accounting oversight board (PCAOB). This has continued to create conflicts among different industries as to the role of the PCAOB in ensuring internal controls are followed up to date. 

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The case can be illustrated with a legal challenge (Free enterprise fund V. public company accounting oversight board). This process of legal challenge was filed in 2006 which contested the relevance and constitutionality of PCAOB. The complainant forwarded arguments that due to the fact that PCAOB has regulatory authority over the industry of accounting the officers must be appointed by the president himself and not the security exchange committee.

Besides the law did not have the element of severability. Therefore the firm argued that the other part of the law was liable to lack an aspect of unconstitutionality based on judgment considering that one part of the law had judged unconstitutionally. Nevertheless the law allowed to go be discharged from the district court but the decision was held by the court of appeal in 2008.   

What’s more, statute based corporate governance criminalizes any violation of corporate governance principles while the combined code does allow to a certain extent that firms issuing the financial reports could adopt to certain accounting procedures so long as the shareholders agreed to it and that any scary of investors was upon the directors and shareholders [39].

Nevertheless, the disclosure requirements were to be adhered to under the code to enhance accountability and responsibilities to the external stakeholders. In regard to disclosure controls the statute based corporate governance has two sections civil and criminal provisions which lack in the code based corporate governance[40].

Though the UK government and the general European Union are considering adopting this, the statute based corporate governance must be revised to suit the European Union based firms. This is due to the fact that the statute based corporate governance is far much complicated or complex to be easily simulated by UK based firms in overnight. Therefore the best governance to adopt is the code based corporate governance.  

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Conclusion 

In view of the discussion above, it is evident that the principal agency cost between the shareholders and the management inclusive of the directors is a broad area that requires careful understanding to mitigate on the negative effects. Managers and directors as discussed, normally pursue interests that align their desires failing to recognize the owners of the business.

On the hand, owing to the constant mixture of owners with the business management, several reports were released proposing the separation of the two to avoid exploitation of the consumer or employees. These reports have so far served their purpose in mitigating the principal agency costs only to bring about other concerns relating to which codes to adapt.

There is the statute based corporate governance and the code based corporate governance which brings about the conflict between the US based parent firms and UK based subsidiaries. The conflict created is in relation to the mode of corporate governance principles to apply. Nevertheless, as noted in the discussion plans are under way to adopt the best methods of practice that will suit all the stakeholders involved in the US and European Union.

Last but not least the role and importance of directors has been described in the process of mediating in between the principal agency costs between the shareholders and the managers. Therefore public corporations cannot be run to serve their own interests in consideration of other stakeholders mentioned in the discussion above.

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Corporate Governance Law

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Khalid Abu Masdoor, Ethical Theories of Corporate Governance. International Journal of Governance, (2011)1 (2): 484-492.

Low, Albert,  “conflict and creativity at work: Human Roots of Corporate Life, Sussex Academic Press, (2008)

Monks, Robert A.G. and Minow, Nell, Corporate Governance Blackwell (2004)

Monks, Robert A.G. and Minow, Nell, Power and Accountability Harper Business (2003)

Moebert, Jochen and Tydecks, Patrick, Power and Ownership Structures among German Companies, A Network Analysis of Financial Linkages,(2007)

Murray, Alan, Revolt in the Boardroom Harper Business (2007) 

OECD, Principles of Corporate Governance Paris: OECD (1999, 2004)

Özekmekçi, Abdullah, Mert “The Correlation between Corporate Governance and Public Relations“, Istanbul Bilgi University (2004)

Richard L. Brinkman, June E. Brinkman, “CEO profits: the Berle and Means thesis revisited”, International Journal of Social Economics, 2002 Vol. 29 Iss: 5, pp.385 – 410

Sapovadia, Vrajlal K., “Critical Analysis of Accounting Standards Vis-À-Vis Corporate Governance Practice in India” (2007)

Shleifer, A. and R.W. Vishny, A Survey of Corporate Governance. Journal of Finance, (1997) 52 (2): 737-783.

Skau, H.O, A Study in Corporate Governance: Strategic and Tactic Regulation (1992) (200 p)

Sun, William, How to Govern Corporations So They Serve the Public Good: A Theory of Corporate Governance Emergence, New York: Edwin Mellen, (2009)

Tricker, Bob and the Economist Newspaper Ltd, Essentials for Board Directors: An A-Z Guide, Second Edition, New York, Bloomberg Press, (2003, 2009)

World Business Council for Sustainable Development WBCSD Issue Management Tool: Strategic challenges for business in the use of corporate responsibility codes, standards and Framework (2004)

Journals

La Porta, R., F. Lopez-De-Silanes, and A. Shleifer, Corporate Ownership around the  World, the Journal of Finance, (1999) 54 (2): 471-517.

Easterbrook, Frank H and Daniel R. Fischel, International Journal of Governance, (2004)


[1] Colley, J., Doyle, J., Logan, G., Stettinius, W., What is Corporate Governance?McGraw-Hill, (2004)

[2] Crawford, C. J. Compliance & conviction: the evolution of enlightened corporate Governance, Santa Clara, Calif: XCEO (2007).

[3] Khalid Abu Masdoor, Ethical Theories of Corporate Governance. International Journal of Governance, (2011)1 (2): 484-492.

[4] Becht, Marco, Patrick Bolton, Ailsa Röell, “Corporate Governance and Control” ECGI- Finance Working paper (2004)

[5] Cadbury, Sir Adrian “The Code of Best Practice“, Report of the Committee on the Financial aspects of Corporate Governance, Gee and Co Ltd,  (1992)

[6] Cadbury, Sir Adrian, “Corporate Governance: Brussels“, Institute voor Bestuurders, Brussels, (1996)

[7] Sun, William, How to Govern Corporations So They Serve the Public Good: A Theory of Corporate Governance Emergence, New York: Edwin Mellen, (2009)

[8] Clarke, Thomas “International Corporate Governance” London and New York: Rutledge, (2007)  

[9] Moebert, Jochen and Tydecks, Patrick, Power and Ownership Structures among German Companies, A Network Analysis of Financial Linkages,(2007)

[10] Clarke, Thomas & dela Rama, Marie (eds.) “Fundamentals of Corporate Governance (4 Volume Series)” London and Thousand Oaks, CA: SAGE (2008)

[11] Clarke, Thomas & Chanlat, Jean-Francois (eds.) “European Corporate Governance”London and New York: Rutledge, (2009)

[12] Claessens, Stijn, Djankov, Simeon & Lang, Larry H.P. the Separation of Ownershipand

Control in East Asian Corporations, Journal of Financial Economics, (2000) 58: 81-112

[13] Brickley, James A., William S. Klug and Jerold L. Zimmerman, Managerial Economic& Organizational Architecture, (2004)

[14] Clarke, Thomas (ed.) “Theories of Corporate Governance: The Philosophical Foundations of Corporate Governance,” London and New York: Rutledge, (2004)

[15] Clarke, Thomas (ed.) “Critical Perspectives on Business and Management: 5 VolumesSeries on Corporate Governance – Genesis, Anglo-American, European, Asian and Contemporary Corporate Governance” London and New York: Rutledge, (2004)  

[16] Monks, Robert A.G. and Minow, Nell, Corporate Governance Blackwell (2004)Monks, Robert A.G. and Minow, Nell, Power and Accountability Harper Business, (2003)

[17] Low, Albert,  “conflict and creativity at work: Human Roots of Corporate Life, SussexAcademic Press, (2008)

[18] Garrett, Allison, “Themes and VariationsThe Convergence of Corporate Governance Practices in Major World Markets,” 32 Denv. J. Int’l L. & Pol’y) (2001)

[19] Brian Cheffins and Steven Bank, Is Berle and Means Really a Myth? Business HistoryReview 83, Autumn, Harvard Business Review, 2009

[20] Skau, H.O, A Study in Corporate Governance: Strategic and Tactic Regulation (1992)(200 p)

[21] JE Parkinson, ‘Disclosure and Corporate Social and Environmental Performance: Competitiveness and Enterprise in a Broader Social Frame’ (2003) 3 Journal of Corporate Law Studies 3

[22] La Porta, R., F. Lopez-De-Silanes, and A. Shleifer, Corporate Ownership around the World, the Journal of Finance, (1999) 54 (2): 471-517.

[23]World Business Council for Sustainable Development, 2004

[24] Feltus, Christophe; Petit, Michael; Vernadat, François, , Refining the Notion ofResponsibility in Enterprise Engineering to Support Corporate Governance of ITProceedings of the 13th IFAC Symposium on Information Control Problems in Manufacturing (INCOM’09), Moscow, Russia (2009)

[25] Özekmekçi, Abdullah, Mert “The Correlation between Corporate Governance and Public Relations“, Istanbul Bilgi University (2004)

[26] Murray, Alan, Revolt in the Boardroom Harper Business (2007) 

[27]OECD, Principles of Corporate Governance Paris, 2004

[28] Sapovadia, Vrajlal K., “Critical Analysis of Accounting Standards Vis-À-Vis Corporate Governance Practice in India” (2007)

[29] Sapovadia, Vrajlal K., “Critical Analysis of Accounting Standards Vis-À-Vis Corporate Governance Practice in India” (2007)

Corporate Governance Law

[30] Tricker, Bob and the Economist Newspaper Ltd, Essentials for Board Directors: An A-Z Guide, Second Edition, New York, Bloomberg Press, (2003, 2009)

[31] Bowen William and, the Board Book: An Insider’s Guide for Directors and Trustees, New York and London, W.W. Norton & Company, (2004)

[32] Hovey, M. and T. Naughton, A Survey of Enterprise Reforms in China: The Way Forward. Economic Systems, (2007) 31 (2): 138-156.

[33] Claessens, Stijn, Djankov, Simeon & Lang, Larry H.P. the Separation of Ownership and Control in East Asian Corporations, Journal of Financial Economics, (2000) 58: 81-112

[34] Easterbrook, Frank H and Daniel R. Fischel, International Journal of Governance,(2004)

[35] Holton, Glyn A, Investor Suffrage Movement, Financial Analysts Journal, (2006) 62 (6), 15–20

[36] Easterbrook, Frank H. and Daniel R. Fischel, the Economic Structure of Corporate Law,(2005)

[37] Denis, D.K. and J.J. McConnell International Corporate Governance, Journal of Financial and Quantitative Analysis, (2003), 38 (1): 1-36.

[38] Erturk, Ismail, Froud, Julie, Johal, Sukhdev and Williams, Karel Corporate Governance and Disappointment Review of International Political Economy, (2004) 11(4): 677-713.

[39] Dignam, A and Lowry, J Company Law, Oxford University Press, (2006)  

[40] Arcot, Sridhar, Bruno, Valentine and Antoine Faure-Grimaud, “Corporate Governance in the U.K.: is the comply-or-explain working?” . FMG CG Working paper (2005)

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Management and Managers

Management and Managers
Management and Managers

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Management and Managers

      Managing large companies is a complicated task. It is extremely vital that effective managers possess many abilities, knowledge and skills. It is worth noting that management is a process that is unpredictable. The decision making process is usually hard; even the most effective managers make wrong decisions. However, extremely effective managers learn from previous mistakes and strive in the future to come up with methods of helping their companies increase competitive advantage, survive in a volatile business environment s and improve performance. Essay to reflect on management and managers.

Background of the key issues                                                                                                 

Managers supervise how the social capital and other tangible resources are used in achieving the organizations’ goal. There is an extreme need for coordinating these resources over time. The resources in an organization included assets (people and the skills they possess), knowledge and know-how, financial capital, IT and computers, raw materials and machinery.

            One of the most significant goals of an organization is to provide a unique service or product that is desired by customers (Anonymous, 2).The CEO has the key goal of ensuring a novel stream of services and products are created, and which customers desire to buy. High effectiveness/ low efficiency managers select the right goals to be pursued but manage resources poorly in the process of achieving the goals. The result is a product that is desired by the customer but is too expensive.  

The customers cannot afford to buy the product. Low effectiveness/ low efficiency managers select the wrong goals and utilize resources poorly. The impact is a product of low-quality, and that is not desired by customers. High effectiveness/ low efficiency managers select right goals and use resources wisely to fulfill the goals. The impact is a product that is bought at a price and quality that the customer can afford. Low effectiveness/ high efficiency managers select inappropriate goals, but use resources wisely to achieve them. The result is a product of high quality and that customers do not want.

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Management and Managers

            Managers can lessen the burden of management through the creation of management teams. In the teams, employees learn new things and come up with ways on how effectiveness and efficiency can be improved in the organization. The teams ensure spread of best practices, increased business awareness, vision driven decisions and ideas can be contributed which makes decision making easy. When teams meet regularly, there is improved communication which leads to other good practices (Heerkens, 39).

Management and Managers

Examples of companies

            Werner von Siemens innovated generators and Siemens, medical devices. The hospital administrators, nurses and doctors, have the key role of increasing the hospital’s ability to treat the sick. Likewise McDonald’s restaurant manager has to ensure that the shakes, fries and burgers produced are what customers want to purchase and eat. These activities have to be undertaken following the set code of practice, regulations, rules and standards. 

            A manager has the role of ensuring that employees perform efficiently, with the use of minimum resources as possible, to produce services and products to customer. McDonald has been successful in developing an extremely efficient deep fryer that reduced the oil amount used in cooking by thirty percent and accelerated French fries cooking. Welner von Siemens developed the 1st dynamo that enabled cheaper electricity production.

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            According to Lormax (14), organizations become effective if managers select suitable goals and achieve them. For instance, McDonald managers decided that breakfast service will be provided so as to attract additional customers. This goal’s choice has proven to be extremely smart since breakfast food sales currently account for over thirty percent of McDonald revenues. Organizations that are considered high performing such as ASDA, IKEA, Intel, Siemens, McDonald and Accenture are effective and efficient simultaneously. Effective managers select appropriate organizational goals and utilize skills and resources efficiently.

            To illustrate planning in action, the situation that Dell Computer’s CEO, Michael Dell, is confronting is an apt example. Dell was nineteen years old in 1984, and he saw a chance to enter Personal Computers market through assembling PCs and consequently selling them to customers directly. He began thinking on how to actualize the idea. He decided that his aim was to sell inexpensive PCs, at a price lower than Compaq’s.

Consequently, he has to choose the course of action to achieve the goal. Dell decided to market directly to customers by the use of a telephone and bypass Apple’s and Compaq’s computer stores that are expensive (Nelson, 46). To date, managers at Dell have to plan continually so as to maintain their position as the highest- performing and largest PC maker.

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Future recommendations

            It is extremely vital that managers take advantage of e-commerce and IT, and the ability they have in reducing operation costs. In addition, senior management teams and CEOs should focus to outsource specific activities and restructure the organization so as to ensure they do not have more employees than is necessary. Organizations should engage in workforce empowerment so as to expand the responsibilities, tasks and knowledge of their employees.

In addition, there is a need for self-managed teams, which ensures quality enhancement. It is advisable to the top management to get a picture of how customers respond to their products and services so as to be able to modify them as necessary.

Works Cited

Anonymous.Management: Managers could benefit to the tune of ‘millions.’Music Week (Jun 27, 2009): 2. Print.

Heerkens, Gary.03 – Fundamentals of Organizational Management.New York: The McGraw- Hill Companies, 2006. Print.

Lormax, Stan. When disaster strikes: A primer for managers. Business and Economic Review 48. 2 (Jan-Mar 2002): 11-15. Print.

Nelson, Jennifer. “Commercial Property Managers.” New Jersey Business53. 11 (Nov 2007): 46. Print.

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Continental Airlines Case Study

Continental Airlines Case Study
Continental Airlines Case Study

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Continental Airlines Case Study

Question One

The manager is expected to carry out the following steps to turn an organization around:

  1.  Establish all the facts.

In this Continental Airlines Case Study,the manager must establish the short term viability of the business. He has to carry out rapid internal exercises focused on existing contracts, commitments and also cash flow analysis. The contracts that may not be viable must be terminated. The manager can then assess the one year and two year viability of the business. This may require additional liquidity in form of debt or equity to finance the activities of the company.

  • Know what went wrong

The major cause of the problem should be known. If the company performed poorly due to sudden market changes or due to minor internal issues that took long to rectify, it should be known. The management must then come up with a remedy. 

  • Budget

The manager must prepare budget which must be stuck to. This will control costs and spending in the organization. The company will be able to maintain its solvency.

  • Changing the team

The manager should reconstitute the senior management team. Those brought on board must have positive attitude towards changing the performance of the company.

Continental Airlines Case Study

Question Two

The change in the morale of the employees is due to the recognition and appreciation of their performance. The implementation of several award schemes has created internal competition among the staff in delivering services to customers. The adoption of new appraisal practices by the management has also motivated the employees.

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Question Three

In order for Continental Airlines to continue with its good performance the management should do the following:

  1. They should form teams with specific goals to achieve. Each team should have its policies, procedures and standards that are in line with the overall company strategies. The head of each team should monitor and communicate performance to the top management of the company.
  2. Each of the teams must have an annual business plan covering revenue and costs forecasts, product development and set performance targets. All these must fit into company business plan.
  3. Each team must hold a monthly review to assess their performance against the plan. They will be able to determine how the planned targets will be achieved and also identify any difficulties in the process. They will be able to share knowledge and also develop tactics to achieve set targets. They will also be able to reallocate resources to more competitive market ventures and redesign any strategies that are in non conformity with the plan.

The top management should attend these meetings so that they have detailed knowledge of the plans. It will be easy to measure and maintain growth in the long run for the company.

Question Four

The use of different employee techniques like job enrichment will improve the performance of Continental Airlines since the staff morale will be very high. The members of staff will own the management decisions made (Gregory, 2010). They will be enthusiastic to go out of their way andensure set targets are met. The recognition creates a sense of commitment among the staff to deliver fully.

They will feel their efforts are being recognized and, appreciated. The targets which are set are attainable and within their reach. This creates internal competition amongst the staff to deliver on these targets. This working environment will ensure the company will continuously improve on their performance.

References

Gregory, T (2010). Employee  Motivation. Cambridge. Cambridge Press, P.19

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National Appliance Inc case study 2021

National Appliance Inc
National Appliance Inc

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National Appliance Inc CASE STUDY

National Appliance Inc case study Bob Reard, Director of corporate transportation for National Appliance, Inc., has just hung up the phone after a lengthy discussion with Susan Jameson, vice president of logistics.

National Appliance Inc has just acquired an appliance distributor located in Paris, and the logistics department has two months to develop an operating process to support this European distributor with National Appliance Inc products.  The shipments to Paris will begin in approximately five months, and Mr. Reard is to prepare a transportation operating plan for these shipments.  

National Appliance Inc is a medium-size U.S. manufacturer of refrigerators and electric ranges.  During the past fifteen years, National Appliance Inc has increased its share of the refrigerator and electric range market from less than 2 percent to 20 percent.  

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Part of the reason for this tremendous growth is that National Appliance Inc offers high-quality products at low prices.  In addition, National Appliance Inc has vertically integrated both its supply and marketing channels.  National believes that quality products result from actually owning and managing key component vendors and that quality marketing and sales efforts result from directly managing distributors and retail appliance outlets.  

It surprised Mr. Reard to learn that National Appliance Inc had purchased control of a European alliance distributor.  There had been many rumors about expansion into the European market, but Mr. Reard had felt that National Appliance Inc would merely develop a contractual relationship with a distributor in Europe, not purchase a distributor. 

Purchasing the Paris distributor is the first major international business venture for National Appliance Inc in its thirty-five-year history.  During the late 1990’s the company had unsuccessfully attempted to market refrigerators in both Canada and Mexico.  Mr. Reard had personally managed the truck shipments to both countries. 

 Consequently Mr. Reard and his staff have very limited international experience.  They do, however, possess considerable expertise in domestic transportation, having successfully controlled both transportation costs and services during the company’s rapid growth in the past fifteen years.

Given the emphasis on quality products and service, top management has mandated consistent, low lead times.  National Appliance Inc delivers domestic distributor orders in less than five days from the order date; the company allows no exceptions to this service policy.  

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Truck transportation, including a private fleet, is the primary mode the company uses for both inbound and outbound shipments.  Spare parts are normally shipped by ground express, but the company uses air express when the distributor or dealer needs a special part immediately.  Ms. Jameson has established a logistics quality control program that measures carrier performance and has used Mr. Reard’s managerial skills to assure acceptable performance from National Appliance Inc carriers.

Having had little experience in international transportation, Mr. Reard feels a bit out of his element in developing an international transporation plan.  Ms. Jameson has assured him that transportation is transportation and that the only difference between international and domestic transportation is distance.  

Distance is going to be a major factor, since National Appliance Inc has plants located in Memphis, Minneapolis, and Omaha.  This long distance from the European market will contribute to two basic problems; high transport costs and long lead times.  Moving the products from the plants to the Atlantic or Gulf ports will require some form of ground transporation.  Ocean carrier shipment will be long, and Mr. Reard will have to arrange to move the product from the French entry port to Paris.  Mr. Reard is sure that he can hire an international transportation manager, but he will have to pay a high salary.

            With the logistics planning meeting set for the next morning at 8:00 a.m., Mr. Reard prepares the following transporation plan for Ms. Jameson:

  1. Finished product from all three plants will be shipped by truck to NY/New Jersey ports.
  2. Water transportation will be used from New York/NJ to LeHavre, France.
  3. Trucks will transport the products from LeHavre to the Paris distributor.
  4. From Paris, the distributor will arrange transportation to the ultimate customer.
  5. An international transportation manager will be hired.

Mr. Reard estimates that the total transit time required for this move will be approximately four weeks.

National Appliance Inc, Case study Questions:

For this case, you must do the following:

a)  Type up the answer to the question below, using supporting materials from text, class, news, research citations, etc. 

  1. Develop an alternative international plan to present to Ms.  Jameson, and provide justification sufficient to support its adoption. (include the strengths and weaknesses of your plan)

b)  You must include one visual diagram, and include one justification for your strategy (strength or weakness).  (For example, if driver issues might be a problem with your solution, you can tell why this isn’t a problem, based on the corporate strategy)

c) Include an overall conclusion of the case analysis.

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MODEL ANSWER

National Appliances Inc Case study

The current international plan made by Mr. Reard has some strengths and weaknesses but needs much improvement. Mr. Reard plans on transporting all finished products from three different locations to one main port through trucks. He also plans on using water transportation to deliver the products to the France harbor where they will be then transported to Paris through trucks. Due to his lack of experience in international transportation, Mr. Reard plans on hiring an international transport manager which will be quite hefty.

The main problems are a long lead time and high transportation cost from the USA to France. An alternative plan can be formulated in order to eliminate the weaknesses in Mr. Reards’ plan as well as eliminating the problems that are predicted. A new and better plan will be formulated in order to minimize on the scale of the current problems.

There will be a need for a central hub, where all products from Memphis, Minneapolis, and Omaha will be stored awaiting shipping and distribution. This will inevitably reduce transportation cost from all three locations to the harbor. A central hub will offer a service window defined by delivery frequency and response time to order (Rodrigue 2006). 

According to (Carnarius 2018), longer journeys through rail can be cost effective as compared to road. This is because it is having reliable transit times and schedules and also fast and cost-effective. Moreover, one train can carry goods equivalent to 400 trucks hence more products can be transported to the port at once (Carnarius 2018).

Considering the amount of products to be transported, other modes of transport, like air, are considered economically unviable. Transporting cargo through the ocean is cost effective but at the same time disadvantageous due to long lead times (Carnarius 2018). Even though the four weeks of the time the water transportation is longer than the usual domestic time, it will reduce the cost for the company significantly.

Mr. Reard and his staff have helped in increasing the sales of National appliances from two percent to twenty percent in the last fifteen years. They possess considerable expertise in domestic transportation, having successfully controlled both transportation costs and services during the company’s rapid growth in the past fifteen years. Considering his experience, Mr. reard is capable of overseeing the whole project and will assure an acceptable performance from National appliances. Moreover, hiring a long-term employee will be expensive for the company. An alternative would be to consult an expert initially for setting up international operations. They will help the company overcome challenges and also increase revenue (Business News Daily 2021).

Using the new formulated plan will not only be cost effective but also reduce the long lead time. The company will have a smooth entrance into the global market and will inevitably see a high profit. A visualization of the new plan is presented in figure 1. The plan that would otherwise be presented to Ms. Jameson will be as follows:

  1. A central hub will be created between the three locations where all products will be transported from for New York/ new jersey in order to reduce transportation cost.
  2. In order to minimize on transportation cost, the products will be taken to the New York/new jersey ports through rail transportation.
  3. From the USA ports, the products will be transported through water to the LeHarve harbor in France.
  4. An international transport manager will not be hired, instead Mr. Reard will be overseeing the whole project.

References

Business news daily (2021). What is a business consultant. Retrieved from https://www.businessnewsdaily.com/4610-business-consultant.html

Carnarius J. (2018). Modes of Transportation explained: Which type of cargo and freight transportation is the best?Retrieved from https://forto.com/en/blog/modes-transportation-explained-best/

Rodrigue J. P. (2006). The geography of transport systems: logistics and freight distribution. Retrieved from https://transportgeography.org/contents/chapter7/logistics-freight-distribution/

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National Appliance Inc Case Study