Item 1

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

Modifications that increase task difficulty are also presented to assist instructors in structuring developmental progressions for activities that reflect various net/wall games. For example, game modifications that require participants to strike a ball with a hand after a bounce are introduced before requiring participants to strike a ball with a racquet or with a hand without a bounce. References: Mandigo, J. L., & Anderson, A. T. (2003). Using the pedagogical principles in net/wall games to enhance teaching effectiveness. Teaching Elementary Physical Education, 14(1), 8-11.

A common strategy in education in general is progressively increasing the complexity of tasks. In the context of physical education, Mandigo and Anderson (2003) describe approaches to modifying net/wall games to help instructors in putting together developmental progressions where the task difficulty increases at each step. References: Mandigo, J. L., & Anderson, A. T. (2003). Using the pedagogical principles in net/wall games to enhance teaching effectiveness. Teaching Elementary Physical Education, 14(1), 8-11.

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

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Item 2

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

You could even skip the debate and simply concentrate on getting letters to candidates. The key is to act. Concentrate on two or three issues at the most. If you write on twelve topics, you dissipate the effect. Keep the letter short, one page if possible, two at the most. Your lawmakers and their staffs are busy and are not likely to do more than glance at a long letter. References: Simon, P. (2003). Our culture of pandering. Carbondale, IL: Southern Illinois University Press.

There are many ways to participate in the electoral process. Town hall debates are often open to the public in smaller elections. These debates may provide opportunities for the public to ask questions directly. However, “you could even skip the debate and simply concentrate on getting letters to candidates” since the letter writing approach is not dependent on being able to get access to limited microphone time (Simon, 2003).

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

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Item 3

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

Modifications that increase task difficulty are also presented to assist instructors in structuring developmental progressions for activities that reflect various net/wall games. For example, game modifications that require participants to strike a ball with a hand after a bounce are introduced before requiring participants to strike a ball with a racquet or with a hand without a bounce. References: Mandigo, J. L., & Anderson, A. T. (2003). Using the pedagogical principles in net/wall games to enhance teaching effectiveness. Teaching Elementary Physical Education, 14(1), 8-11.

One strategy for changing a task to decrease difficulty comes from physical education where “game modifications that require participants to strike a ball with a hand after a bounce are introduced before requiring participants to strike a ball with a racquet or with a hand without a bounce” (Mandigo & Anderson, 2003, p. 9). A participant may then be able to focus on other aspects of the game (e.g., strategy) or find that their anxiety about playing has decreased. References: Mandigo, J. L., & Anderson, A. T. (2003). Using the pedagogical principles in net/wall games to enhance teaching effectiveness. Teaching Elementary Physical Education, 14(1), 8-11.

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

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Item 4

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

Educational processes and systems are complex, and any attempt to measure them, especially at this level of aggregation, can only lead to broad and general discussions. However, we contend that this discussion is necessary. Further, attempting to measure global processes in education may provide another puzzle piece to theoreticians as well as national and local policy-makers, who are working at understanding and, in the latter case, steering educational systems. References: Rutkowski, L., & Rutkowski, D. (2009). Trends in TIMSS responses over time: Evidence of global forces in education? Educational Research and Evaluation, 15(2), 137-152.

There are many factors that researchers and policy makers seeking to understand and/or direct educational systems must consider. Given the complexity of education, measurements based on aggregating a large amount of data preclude associated discussions from focusing on narrow and specific details.

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

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Item 5

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

The fact that the day of Queen Victoria’s funeral coincides with the birth of the narrator may, on the one hand, signify the cultural moment when Victorian decency and codes of femininity are left behind, buried, and put to rest, and in this way, it can be interpreted as a moment when even certain untold stories can be told. On the other hand, however, it may also foretell something of a story in which matrilineage is unnaturally broken; also, it tells us about the permeability of the border between, and about the coexistence of, life and death. References: Séllei, N., (2009) The mother in mourning as the subject of autobiography in Rosamond Lehmann’s The swan in the evening: Fragments of an inner life. In A. O’Reilly, & S. Caporale-Bizzini (Eds.). From the personal to the political: Toward a new theory of maternal narrative (pp. 170-182). Cranbury, NJ: Susquehanna University Press.

Séllei (2009) provides two different points of view on the meaning of the fact that the funeral of Queen Victoria is the same day as the narrator’s birth. I find it very interesting that she suggests that the date may “signify the cultural moment when Victorian decency and codes of femininity are left behind” (Séllei, 2009, p. 171). References: Séllei, N., (2009) The mother in mourning as the subject of autobiography in Rosamond Lehmann’s The swan in the evening: Fragments of an inner life. In A. O’Reilly, & S. Caporale-Bizzini (Eds.). From the personal to the political: Toward a new theory of maternal narrative (pp. 170-182). Cranbury, NJ: Susquehanna University Press.

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

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Item 6

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

While solitary negative reactions or unjustified suggestions for change have the potential to dissipate discourse rather than build it, the pattern analysis shows that the anonymous condition seemed to provide a safe explorative space for learners to try out more reasons for their multiple solutions. Teachers will rarely give anonymous feedback, but the experience of giving anonymous feedback may open a social space where learners can try out the reasons for their suggestions. References: Howard, C. D., Barrett, A. F., & Frick, T. W. (2010). Anonymity to promote peer feedback: Pre-service teachers’ comments in asynchronous computer-mediated communication. Journal of Educational Computing Research, 43(1), 89-112.

Teachers don’t often provide feedback anonymously, but the ability to provide feedback anonymously may create a context where the rationale associated with specific suggestions can be more safely explored (Howard, Barrett, & Frick, 2010). However, we cannot assume that all anonymous online spaces will serve as safe social spaces.

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

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Item 7

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

No matter how kindly voters treat the panderer in the voting booth, the public overwhelmingly believes that candidates will say one thing to get elected and then ignore their pledges once in office. This lack of sincerity, to the extent that happens, reduces public confidence in government. Candidates should say what they believe. At the same time, the public should demand that candidates speak frankly and truthfully about issues of concern, and it must understand that once a person is elected and looks at the fact in much greater detail, changes in attitude do and should occur. References: Simon, P. (2003). Our culture of pandering. Carbondale, IL: Southern Illinois University Press.

The relationship between voters and candidates is a complicated one. For example, the vast majority of the public is convinced that candidates will promise anything to be elected and then pay no attention to their promises once elected (Simon, 2003). Such a state of affairs sets low expectations for those running for office.

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

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Item 8

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

You could even skip the debate and simply concentrate on getting letters to candidates. The key is to act. Concentrate on two or three issues at the most. If you write on twelve topics, you dissipate the effect. Keep the letter short, one page if possible, two at the most. Your lawmakers and their staffs are busy and are not likely to do more than glance at a long letter. References: Simon, P. (2003). Our culture of pandering. Carbondale, IL: Southern Illinois University Press.

Simon (2003) points out the importance of keeping letters to candidates short: “one page if possible, two at the most” (p. 125). Similar advice for blogging about political issues seems appropriate. I would advise that a blogger concentrate on two or three issues at the most. If you write on twelve topics, you dissipate the effect. References: Simon, P. (2003). Our culture of pandering. Carbondale, IL: Southern Illinois University Press.

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

Hints

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Item 9

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

The way the U.S. judicial system works, a defendant is first found to be innocent or guilty. The punishment sentence is determined only after a defendant has been found guilty. It might seem that this is a relatively minor procedural issue. Yet, the order of this decision-making can mean the difference between life and death, or even between conviction and acquittal. References: Dixit, A. K., & Nalebuff, B. J. (1991).Thinking strategically: The competitive edge in business, politics, and everyday life. New York, NY: Norton.

Innocent or guilty courtroom decisions are often high-stakes. However, the precise consequences of the verdict is unknown in U.S. judicial systems when the guilt versus innocence decision is being made. Dixit and Nalebuff (1991) explain that this order of decision-making “can mean the difference between life and death, or even between conviction and acquittal” (p. 270). References: Dixit, A. K., & Nalebuff, B. J. (1991).Thinking strategically: The competitive edge in business, politics, and everyday life. New York, NY: Norton.

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

Hints

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Item 10

In the case below, the original source material is given along with a sample of student work. Determine the type of plagiarism by clicking the appropriate radio button.

Original Source Material

Student Version

If learners are new to critique, we see anonymity as a scaffold to generating critical feedback. Learners can practice giving feedback knowing they are not vulnerable to social repercussions. Less than perfect expressions, unwarranted negative reactions, and fruitless ideas are bound to be part of novice feedback, but teachers hope to create learning configurations that support both the giver and the receiver of feedback, especially if the commenters are novices. References: Howard, C. D., Barrett, A. F., & Frick, T. W. (2010). Anonymity to promote peer feedback: Pre-service teachers’ comments in asynchronous computer-mediated communication. Journal of Educational Computing Research, 43(1), 89-112.

If providing peer feedback is a skill to be learned then perhaps it is advisable to give learners opportunities to practice giving feedback knowing they are not vulnerable to social repercussions. In this way, anonymity can act “as a scaffold to generating critical feedback” (Howard, Barrett, & Frick, 2010, p. 104). References: Howard, C. D., Barrett, A. F., & Frick, T. W. (2010). Anonymity to promote peer feedback: Pre-service teachers’ comments in asynchronous computer-mediated communication. Journal of Educational Computing Research, 43(1), 89-112.

Which of the following is true for the Student Version above?

Word-for-Word plagiarism
Paraphrasing plagiarism
This is not plagiarism

#1Betty————————————

A global conference call with web-enabled visual presentation is to be arranged with each global region (5 regions total) to discuss two key topics on the current status of the AgileHoya.

The two agenda topics for the call are :

1) Redundancy measures which will affect the viability of the global project

2) Potential rollout of a timeline for decisions and actionable steps within the next three months. It is decided that the call will last 60minutes.

As a global project manager, I would focus my abilities on the five strategies below to ensure this very important call is a success. There are three conference programs which I am very comfortable with. They are Skype, Webex and Zoom Conferencing. As this call will require the participation of all attendees, my goal is to have 100% attendance on the call. Therefore, I would choose Zoom Conferencing as anyone can join from any location as long as they have internet connection. They don’t need to have their company laptop or a VPN connection. If attendees are traveling, on vacation, in transit and various other spaces, Zoom allows employees to connect via video and audio (both options) and also allow the host to share presentations for all to see. I believe this will be very effective. I would plan for the meeting as noted below.

1. Preparation: The global PMO’s office, on an excel spreadsheet, consolidates the names of all team members’ complete contact information (office and home address, building, business and personal email, office phone, assistant(s) info, and mobile) is collected, including their HR business partner’s contact information, and technology contact. The actual email outlining the purpose of the conference call is drafted and verified by the global project manager to ensure the message is appropriate and comprehensive as intended for the audience. The email will include:

• Impetus for the global conference call
• Request for availability to suggested dates and time zones (5 regions = 5 time zones)
• Option for audio and video
• Ample time for everyone to check and manage their availability (to make adjustments if needed) to confirm the call within 2-3 days
• Information on when response and information will be required

1. Confirmation: Once availability is received, request regional administration to book conference rooms with technical capabilities at the regions, and cross-reference against the excel spreadsheet to send a calendar invitation detailing the specifics of the call by labeling the call with a formal title, ensuring team distribution list emails, and all are included in the invite email as per the spreadsheet per region along with regional HR business partner, technology contact and administrative coordinator. The invite should have an agenda, audio dial-in information and webex links with detailed instructions for each region with meeting ID and pin # and technical contact. Once invite sent, track responses to calendar invite for confirmation of tentative and declines. Begin communications with the regional technology contact on technical limitations and requirements in preparation for the call.

1. Facilitate the Call: The global PMO office should prepare in advance to be aligned with the agenda and confirm a PMO team member to take minutes. Email the country project manager to ensure technical set up for audio and visual presentation is confirmed. Ahead of the call, an email should go to the specific region (since time of call is different for each region) reminding the team of the call and that a roll call will be conducted 5mins after the call commences. Open the call 5min early, and at the start time, make an announcement to attendees that team members have 5 minutes to join the call before roll call. A good opportunity to have a chat amongst team members.

1. Introduce Team Protocol: As the roll call is completed, PM’s should introduce the team if more than one region is present. Also include new team members and their new role. The global PM should announce the protocol to minimize background noise, appropriately mute, confirm team visibility on video, speak clearly into microphone, avoid unnecessary interruptions and seek if any constraints for attendees. Check on visual clarity and access. Introduce the agenda and begin to discuss the details of the topic, request further feedback, questions, and recommendations on process improvements related to the topic as well as what has worked well, and what needs to be improved. Stay on agenda by discussing impact of decisions. Ensure minutes are being captured accordingly and distributed within 24-48 hours. Extend the call if possible and if anyone is interested in having a one-on-one call.

1. Minutes/Follow up: The global PMO office should review the contents of each minutes for each call and provide approval to be sent and follow up accordingly. As the minutes are sent out, explain the process of follow up and what is required from each region and build a relationship to expand on communications with the HR business partner.

Please advise if you have a preference for Skype, Webex or Zoom and why you would consider it to be effective?

LIST the five best practices that you will incorporate for an effective audio and visual conference. What is the conference program that you will use, and why? Ask for classmates’ opinion on whether you’ve made the best choice.

Within my line of work at the Department of Treasury, we are constantly having audio and visual conferences throughout the month. Many of my team members either work off-site or in a completely separate state. With that said, often times we are met with various technological failures, due to poor planning and preparation for upcoming audio and visual conferences. Nonetheless, I have identified my 5 most critical functions required prior to establishing a visual conference. These 5 best practices when establishing a video conference are as follows:

1. Ensure technology equipment is functioning properly.
2. Test the system(s) 15 to 30 minutes ahead of the meeting.
3. Always plan for backup communication. This could be either telephone or the use of a computer based product (IE: Labtop, Tablet, Etc.).
4. Check to make sure participates can hear and acknowledge each other.
5. Confirm that visibility is clear and that participants can see each other appropriately.

These are some of the most important factors when considering to host an audio and visual conference. As stated by Stanford University IT best practices for Effective Video Conferencing, “Make sure all participants have equal access to content by sharing all content within the video conferencing connection and using online tools (e.g., Google docs) whenever possible” (Stanford, 2019). Once again, it is imperative that the host take all necessary steps to ensure a successful network connection as well as visual presentation prior to establishing a video conferencing meeting.

Classmates please advise if my 5 most critical points are missing any other more relevant topics.

Reference:

Nd, 2019. Best Practices for Effective Video Conferencing. Stanford University IT. Sourced from: https://uit.stanford.edu/videoconferencing/best-pr…

#2 Brian–————————————————

LIST the five best practices that you will incorporate for an effective audio and visual conference. What is the conference program that you will use, and why? Ask for classmates’ opinion on whether you’ve made the best choice.

Within my line of work at the Department of Treasury, we are constantly having audio and visual conferences throughout the month. Many of my team members either work off-site or in a completely separate state. With that said, often times we are met with various technological failures, due to poor planning and preparation for upcoming audio and visual conferences. Nonetheless, I have identified my 5 most critical functions required prior to establishing a visual conference. These 5 best practices when establishing a video conference are as follows:

1. Ensure technology equipment is functioning properly.
2. Test the system(s) 15 to 30 minutes ahead of the meeting.
3. Always plan for backup communication. This could be either telephone or the use of a computer based product (IE: Labtop, Tablet, Etc.).
4. Check to make sure participates can hear and acknowledge each other.
5. Confirm that visibility is clear and that participants can see each other appropriately.

These are some of the most important factors when considering to host an audio and visual conference. As stated by Stanford University IT best practices for Effective Video Conferencing, “Make sure all participants have equal access to content by sharing all content within the video conferencing connection and using online tools (e.g., Google docs) whenever possible” (Stanford, 2019). Once again, it is imperative that the host take all necessary steps to ensure a successful network connection as well as visual presentation prior to establishing a video conferencing meeting.

Classmates please advise if my 5 most critical points are missing any other more relevant topics.

#3 Idris—————————————————————-

Any good meeting starts with excellent preparation (Binder, 2007) A recent study by Gartner, Inc., a research and advisory firm, by 2024, remote work and changing workforce demographics will impact enterprise meetings so that only 25% will take place in person, down from 60% today. This trend will most likely result in more solutions to help organize and facilitate all virtual meetings, and also likely result in an uptick in poor meeting experiences. Establishing best practices is a good way to alleviate the issue along with having a reliable meeting software solution.

Zoom is a cloud-based platform that provides audio, video, chat and collaboration solutions to businesses across the globe. Zoom has an App Marketplace providing integrations with various software applications that helps provide a frictionless experience. The product also has a free version for personal use. I would recommend using Zoom since it easy to use and understand, it integrates with apps such as google calendar making it more efficient to schedule meetings.

Below are the best practices I would establish for more effective global conference calls:

1. Create an agenda – Creating an agenda allows for meeting participants to understand the purpose of the meeting and prep beforehand. Agenda also helps the meeting leader organize their thoughts and can, in turn, lead to a more productive meeting. It’s also beneficial to designate some as a note take to take meeting minutes and distribute no later than 48 hours after the meeting is over.
2. Reliable Network – With a global team there more chances for a disparity in network strength. Steps can be taken to mitigate this such as using audio conference only, which uses less bandwidth or calling in from a mobile device where there is a higher chance of having a better network service.
3. Screenshare – Most meetings contain some kind of artifact (reports, diagrams, slide decks, etc.) it’s important to establish early on that best practice should be to make sure the person referencing the artifact is sharing their screen so meeting participants can understand what is being discussed. A lot of confusion and misunderstanding can be alleviated by using visuals when discussing a topic.
4. Product training – Understanding how to use the tool helps lead to more efficient meetings. It can be very disruptive to have to pause a meeting to help someone log on or find their access code because they don’t know how the tool works. Thankfully many video conference products including Zoom provide support sites that include articles and videos to train users on how to use their product. Training can also lead to more adoption but It big part of the responsibility will be on leadership to enforce the training.
5. Have a backup – Create a backup communication plan in case you have trouble connecting with remote participants. A backup plan can include asking onsite participants to connect to the meeting through their laptops, using a mobile or speakerphone, and/or collaborating through an online collaboration tool (e.g., Google docs).

I would love to read some thoughts/insights on which of these steps someone would replace with another best practice and why?

References:

Binder, J. (2007). Global project management: Communication, Collaboration, and Management Across Borders. Surrey, England: Gower Publishing Company.

Fasciani, M., Et all, (2019, September 5). Zoom: A leader in 2019 Gartner Magic Quadrant for Meeting Solutions (ID G00354093). Retrieved from Gartner database.

Video conferencing, web conferencing, webinars, screen sharing. (n.d.). Retrieved October 2, 2019, from Zoom Video website: https://zoom.us/

United States Court of Appeals,Eleventh Circuit.

T.A. MUSICK and James Character, Plaintiffs-Appellants, v. GOODYEAR TIRE & RUBBER COMPANY, INC., Defendant-Appellee.

No. 95-6277.

Decided: April 23, 1996

Before KRAVITCH and CARNES, Circuit Judges, and HILL, Senior Circuit Judge. Myron K. Allenstein,Scott E. Denson, Allenstein & Assoc., Gadsden, AL, for appellants. William F. Gardner, William K. Thomas, Cabaniss, Johnston, Gardner & Dumas, Birmingham, AL, for appellee.

The plaintiffs, T.A. Musick and James Character, appeal from the district court’s order granting the defendant, Goodyear Tire & Rubber Co., summary judgment.   In 1994, almost four years after Goodyear had laid them off from their jobs, the plaintiffs filed suits claiming that the lay-offs were motivated by Goodyear’s desire to deprive them of retirement benefits, in violation of section 510 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1140.   They sought back pay and benefits as well as retirement eligibility credit for the time they were laid-off.   The district court determined that a two-year statute of limitations was applicable to the plaintiffs’ lawsuits and dismissed them.

The plaintiffs concede that they filed their lawsuits more than two years after their claims accrued (on the date of the lay-offs).   But they contend that a six-year statute of limitations governs section 510 actions in Alabama.   For the reasons that follow, we conclude that the district court was correct in determining that a two-year statute of limitations is applicable to section 510 actions brought in Alabama, at least insofar as back pay, back benefits, and retirement eligibility credit are the remedies sought.1

I.

Until 1990, the plaintiffs worked as schedulers, a salaried position, at Goodyear’s tire manufacturing plant in Gadsden.   The plaintiffs participated in Goodyear’s retirement plan for salaried employees.   Under that plan, an employee is eligible for full retirement benefits when:  (a) he reaches age 55 and has 10 years of service;  or (b) he has 30 years of service, regardless of age.   The plan is governed by ERISA, 29 U.S.C. § 1001 et seq.   In early 1990, Goodyear notified a number of workers, including the plaintiffs, that due to a reduction in force they would be laid-off from work.   At that time, Musick was 50 years old, and had been employed by Goodyear for 19 years, 10 months.   Character was 45 years old, and had been employed by Goodyear for 25 years, 6 months.

In April of 1994, Character was recalled to work at Goodyear’s Gadsden plant.   Musick was recalled in August of 1994.   However, they were not given credit, for purposes of calculating retirement eligibility, for the time they were laid-off.   Consequently, the plaintiffs’ retirement eligibility dates were approximately four years later than they would have been but for the lay-offs.

II.

In early 1994, Musick and Character commenced separate actions against Goodyear.   Each alleged that Goodyear laid him off, failed to transfer him to another department, and failed to recall him to work in a timely fashion, all with the specific intent to deny him retirement and fringe benefits to which he was entitled under his ERISA plan.   Each sought to recover past wages, benefits, and retirement eligibility credit equal to the length of time he was laid-off.

The district court consolidated the plaintiffs’ cases.   Goodyear moved for summary judgment on the ground that the plaintiffs’ actions were barred by the applicable statute of limitations.   The district court agreed with Goodyear that the plaintiffs’ section 510 claims are governed by a two-year statute of limitations.   Applying that two-year limitations period, the district court held that claims arising from the plaintiffs’ lay-offs were time-barred because Musick was laid-off four years before commencing his action, and Character was laid-off more than three and one half years before commencing his action.

III.

 ERISA does not contain a statute of limitations for section 510 actions.   E.g., Clark v. Coats & Clark, Inc., 865 F.2d 1237, 1241 (11th Cir.1989).   Because Congress has not established a time limitation for such actions, “the settled practice has been to adopt a state time limitation as federal law.”  Id.  “When adopting a state statute of limitations, we first determine the essential nature of the claim under federal law and then focus on the period applicable to such a claim under the most analogous state law claim.”  Id.  The district court followed this course, and we review its analysis de novo.  Byrd v. MacPapers, Inc., 961 F.2d 157, 159 (11th Cir.1992).

 “In selecting the state statute of limitations most appropriate to the federal cause of action, federal courts must first ‘characterize the essence of the claim in the pending case.’ ”  Id. (quoting Wilson v. Garcia, 471 U.S. 261, 268, 105 S.Ct. 1938, 1942, 85 L.Ed.2d 254 (1985)).   Characterization of the essential nature of an ERISA action is a matter of federal law.  Id.  This Court has characterized an ERISA section 510 claim for these purposes on two occasions, establishing the applicable state law statute of limitations for section 510 claims brought in Georgia and Florida.   We have yet to establish the applicable state law statute of limitations for claims brought in Alabama.   In doing so now, we will adopt or borrow the statute of limitations Alabama law provides for the most analogous state law cause of action.   Our previous decisions in which we have performed the same task in Georgia and Florida cases provide useful guidance for deciding which Alabama cause of action is most analogous to an ERISA section 510 claim.

In Clark v. Coats & Clark, Inc., 865 F.2d 1237, 1241 (11th Cir.1989), the plaintiffs were former employees who sued their employer under section 510 of ERISA, seeking back pay, front pay, and reinstatement.   The district court held that Georgia’s two-year statute of limitations for actions seeking recovery of wages governed the section 510 claims.  Id. at 1239.   We affirmed the district court’s holding insofar as the back pay remedy was concerned.  Id. at 1242. 2

The Georgia statute of limitations applicable to wage claims is entitled “Enforcement of rights under statutes, acts of incorporation;  recovery of wages, overtime, and damages.”  O.C.G.A. § 9-3-22 (1982).   That section provides that “all actions for the recovery of wages, overtime, or damages and penalties accruing under laws respecting the payment of wages and overtime shall be brought within two years after the right of action has accrued.”   Id.  In upholding the application of that statute of limitations to the plaintiffs’ section 510 claims in Clark, we reasoned that “[t]he focus of this statute much more narrowly and specifically contemplates the action now before us than does the general language of O.C.G.A. § 9-3-24 governing contract actions.   Therefore, the two-year limitations period ․ is the most analogous statute of limitations and governs appellants’ claims.”  Clark, 865 F.2d at 1242.

In Byrd v. MacPapers, Inc., 961 F.2d 157, 158 (11th Cir.1992), the plaintiff sued her deceased husband’s former employer, alleging that the employer discharged her husband because he had refused to surrender medical and disability benefits to which he was entitled under his employee benefits plan.   The plaintiff sought recovery of lost wages and benefits, as well as injunctive relief.   The district court dismissed the plaintiff’s section 510 claim, relying on Clark and holding that Florida’s two-year statute of limitations governing actions for the recovery of wages barred the plaintiff’s claims.   We reversed the district court’s holding in Byrd.   In doing so, we characterized the essential nature of the plaintiff’s section 510 claim as one for benefits denied by wrongful discharge.  Id. at 159.   Based on that characterization, we reasoned that “Florida Statute § 440.205 is most closely analogous to § 510 of ERISA in that it prohibits the discharge of an employee in retaliation for the employee’s claim or attempted claim for compensation under Florida workers’ compensation law.”  Id.  A four-year statute of limitations governed claims under section 440.205.  Id. at 160.

We concluded in Byrd that the district court, in determining the most closely analogous Florida cause of action, had erred by relying on Clark ’s analysis of Georgia law.  Id.  Causes of action sometimes vary from state to state, as do statutes of limitations.   Alabama, like Florida, has a provision in its workers’ compensation statutes addressing retaliatory discharge.   Section 25-5-11.1 of the Alabama Code provides that “[n]o employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers’ compensation benefits under this chapter.”   The Alabama Supreme Court has held that claims brought under that section are subject to the two-year statute of limitations found in section 6-2-38.  ConAgra, Inc. v. Adams, 638 So.2d 752, 753-54 (Ala.1994).   Likewise, Alabama has a statute of limitations for the recovery of wages that is materially identical to the Georgia provision applied in Clark.  Section 6-2-38(m) of the Alabama Code provides:  “All actions for the recovery of wages, overtime, damages, fees, or penalties accruing under the laws respecting payment of wages, overtime, damages, fees, and penalties must be brought within two years.”

 There is no provision of Alabama law more closely analogous to a section 510 action than those two provisions;  therefore, the more analogous of those two Alabama provisions is the one that determines the statute of limitations period for section 510 ERISA claims in Alabama.   The plaintiffs argue that Alabama’s general six-year statute of limitations governing “[a]ctions upon any simple contract or specialty not enumerated [specifically],” Ala.Code § 6-2-34(9), should govern section 510 actions in Alabama.   We reject this argument for the same reason we rejected it in Clark:  other provisions of state law “more narrowly and specifically contemplate[ ] the [section 510] action now before us than does the general language” of the state’s statute of limitations generally governing contract actions.  865 F.2d at 1242.

Because the two provisions of Alabama law most analogous to a section 510 ERISA action-one for wages, the other for retaliatory discharge-both have a two-year statute of limitations, we need not decide which is more analogous.   Either way, there is a two-year statute of limitations for filing section 510 claims in Alabama.   Accordingly, the district court correctly held that the plaintiffs’ lawsuits, which were filed more than two years after the alleged section 510 claims accrued, are time-barred.

AFFIRMED.

FOOTNOTES

1.  As explained in note 2 on p. 1710, infra, this case does not involve any prayer for reinstatement, so we have no occasion to decide whether a different statute of limitations might apply to such a remedy.

2.  As to the employees’ section 510 claims for reinstatement, however, this Court reversed, and held that Georgia’s 20-year statute of limitations applicable to claims for equitable enforcement of statutory rights was applicable.  Clark, 865 F.2d at 1242.In this case, we have no occasion to determine which Alabama statute of limitations is applicable to a section 510 claim for reinstatement, because neither plaintiff in this case was seeking reinstatement at the time the district court dismissed the lawsuits.   By that time, both plaintiffs had been called back to work, thus mooting any reinstatement remedy.

Module 4 – SLP

STRATEGY IMPLEMENTATION AND STRATEGIC CONTROLS

Simulation

In Module 4, you will continue with the CVP analysis you completed in the Module 3 SLP.

Scenario Continuation:

It is still January 2, 2013. You have just completed your revised SLP3 strategy using CVP analysis, and you are eager to implement your decisions for 2013 through 2016.

Using the CVP analysis from SLP3, run the simulation for a final time. Again, be sure to take notes about your analysis and document the reasoning behind your decisions.

Finalize your report showing the strategy you have used.

Assignment Overview

Using the strategy that you developed in SLP3, run the simulation. Document your results as you did previously. Review and analyze these results, and develop a final strategy.

Please turn in a 6- to 8-page paper, not including cover and reference pages.

Keys to the Assignment

The key aspects of this assignment that should be covered and taken into account in preparing your paper include:

The revised strategy consists of the Prices, R&D Allocation %, and any product discontinuations for the W1, W2, and W3 tablets for each of the four years: 2013, 2014, 2015, and 2016.

You must present a rational justification for this strategy. In other words, you must provide support for your proposed strategy using financial analysis and relevant theories.

Use the CVP Calculator and review the PowerPoint that explains CVP and provides some examples.

You will need to crunch some numbers (CVP Analysis) to help you determine your prices and R&D allocations.

Make sure your proposed changes in strategy are firmly based in this analysis of financial and market data and sound business principles. Your goal is to practice using CVP and get better at it.

Present your analysis professionally, making strategic use of tables, charts, and graphs.

Time Line Summary:

SLP1

2016: Hired on December 31, 2016.

Turned in first report to CEO Smothers.

SLP2

You are returned – via Time Warp – to January 1, 2013.

You make decisions for 2013 – 2016.

December 31, 2016 – You have revised all four years, and you write up your summary report.

SLP3

Apparently, your SLP2 decisions were not “good enough,” as you have again been returned to January 1, 2013.

It is once again January 1, 2013: You decide to use CVP analysis to develop a revised four-year plan for your strategy. You analyze the results of your first decisions from SLP2, taking notes, and documenting your decision-making process. You use the CVP Calculator to help you develop your strategy. Your notes explaining the logic behind your decisions.

SLP4

It is still January 1, 2013. Using your CVP analysis from SLP3, you run the simulation, implementing your revised four-year plan. You keep track of your financial and marketing results year over year.

You submit your final 6- to 8-page report, which includes your Final Total Score.

You compare – and report – your results with previous results.

SLP Assignment Expectations

Your paper will be evaluated using the grading rubric.

Tips and Suggestions

Note the following tips and suggestions:

You might find these downloads useful:

Decision Matrix Table – Download this Word doc with a blank table you can use to show your proposed strategy decisions.

PowerPoint discussing CVP – Provides a good overview of Cost Volume Profit analysis, the various equations that you can use, and how to use it. Some examples are provided showing how to use the CVP Calculator.

CVP Calculator – This an Excel-based calculator that you can use to determine prices, volumes, and profits. Keep in mind that it will tell you what need, but the market determines what you actually get.

Include a cover page and a reference page, in addition to the 6-8 pages of analysis described above.

Include appropriate section headings.

Use charts and graphics strategically, but do not use these as “space fillers.” Include lengthy tables, etc., in an Appendix instead.

Cite and reference all sources that you use in your work, including those that you paraphrase. This means include citations and quotation marks for direct quotes, and citations for that information which you have “borrowed” or paraphrased from other sources.

Follow Trident Guidelines for Well-Written Papers.

______________________________________________________________________________________________

Module 4 – Background

STRATEGY IMPLEMENTATION AND STRATEGIC CONTROLS

Strategy is implemented using organizational design (structure), people, culture, and control systems. Strategy must successfully work through these elements in order to produce performance. No matter how well a strategy is conceived, if an organization’s people cannot implement it, if the culture cannot support it, if the structure cannot coordinate it, and if the systems cannot measure and control it—the strategy will fail.

We will start by considering how of each of these components individually link to strategy. By way of the Case analysis, we will examine the integration or “fit” between the various components and strategy.

Structure

Organizational structure refers to the manner in which the lines of communication of authority are established, the manner in which work is divided up among organizational members, and the way that communication and work are coordinated. Different types of structures support different types of strategies. The key elements of structure that have the greatest effect on the success or failure of strategy implementation are centralization, boundaries, networks, and virtual organization.

Centralization

Centralization refers to the level of concentration of decision making. In a highly centralized organization, decisions are made by a relatively small number of people, usually concentrated at the highest levels of the organization. Standardization is common in centralized organizations, thus favoring economies of scale and efficient value chains.

Decentralized organizations are characterized by flexible and autonomous decision-making groups at operational levels in the organization. Such groups have the ability to rapidly adjust to changes in the marketplace and are well-suited to strategies that require innovation. However, because of duplication, economies of scale are difficult to achieve.

Emerging Structures

Borderless Organizations: Taking cross-functional teams to a new level, the borderless organization does not just assemble teams with members from different organizational levels and functions. Instead, the borderless organization removes barriers both vertically (between levels) and horizontally (between functions or departments). The implications for strategy implementation include increased information, transparency, and flexibility.

Alliance Networks: These are collections of suppliers, distributors, customers, and even competitors who have the ability to bring needed assets to bear on an urgent problem where there is insufficient time to develop the needed resources and capacities in-house. Organized and coordinated online, these networks can be mobilized and put to work instantaneously.

Virtual Corporations: An extension of Alliance Networks, the virtual corporation is an extra-organizational coalition of people and organizations brought together expressly to work on a specific problem or project. They can be assembled rapidly and dispersed as soon as the project is over, representing the ultimate in flexibility and speed in strategy implementation.

The following reading is an exposition on how various types of teams can be useful in strategy implementation:

Pryor, M.G., Singleton, L.P., Taneja, S., and Toobs, L.A. (2009). Teaming as a strategic and tactical tool: An analysis with recommendations. International Journal of Management, 26 (2), 320-334. Retrieved on November 6, 2012, from ProQuest.

Review this presentation on Organizational Design by Professor Anastasia M. Luca, Ph.D. MBA.

Strategic Controls (Systems)

Three organizational systems are essential to controlling strategy implementation:

Accounting and budgeting systems: These systems can be complex and not easily adapted. If a new strategy requires data that is not easily accessible through existing accounting systems, implementation can be slowed, and a potentially successful implementation can be jeopardized. If a new proposed strategy does not fit a familiar pattern, decision making can be become risky and unpredictable.

Information Systems: Information technology is playing an ever greater role in strategy implementation. IT provides point-of-sale information between retailers and manufacturers, streamlines logistics and distribution, and controls inventories. IT systems must be capable of providing the right information in the right format to the right people at the right time.

Measurement and Reward Systems: Rewards can be used to shape behavior in the direction of meeting strategic objectives. Rewards must be connected to measures of goal attainment (e.g., specific increases in market share), and proper time horizons (future rewards for future goals).

Review this presentation on Strategic Controls by Professor Anastasia M. Luca, PhD MBA.

People

Strategies that are based on distinctive competencies or unique capabilities are often dependent on people and their skills to carry them out. Thus, for successful implementation, sufficient numbers of people with the right skill sets are essential.

In-house or Import? Hiring raw talent and growing employees with the needed qualifications maximizes fit, but it can take years. Retraining existing workers with new skills can be problematic when old employees resist “learning new tricks.” Hiring employees with needed skills external to the organization is faster, but there is no guarantee that even they will fit well within the organization’s culture.

Motivation: It is not enough to have the right number of people with the right skills; people must also be motivated to work toward successful strategy implementation. Much is known about motivation, and many tools are available; these include tangible rewards (e.g., bonuses) and intangible rewards such as self-fulfillment. Perhaps the motivator with the most potential for eliciting long-term commitment to fulfilling the firm’s strategic goals is that of empowerment, which gives employees the discretion and autonomy to use their initiative.

The following article highlights the importance of having the right people in place to achieve strategic goals:

Garrow, V. and Hirsh, W. (2008). Talent management: Issues of focus and fit. Public Personnel Management, 37(4), 389-403. Retrieved on August 29, 2014 from ProQuest.

Culture

The fit between an organization’s culture and its strategy is critical. If a firm is depending on innovation to achieve differentiation, but the culture is risk averse or has a tendency to punish mistakes, the strategy will in all likelihood fail. Culture can support the strategy when three elements are in alignment:

Shared values that are aligned with the corporate vision and strategic focus along with a management style that fosters behavior that will support the competencies that confer competitive advantage.

Norms can act as strong controls for strategic implementation. They encourage behavior that is in alignment with shared values. People can circumvent rules, and they cannot be watched all of the time, but norms can promote the desired behavior even when nobody is watching.

Symbols model for employees what values and norms are important. Some important symbols include the vision and style of the founder of the company and folklore or stories that embody company values, rituals, and routines, and which reinforce the types of events and behaviors that are most desired and celebrated.

The following reading ties together the importance of systems, strategy, structure, and culture. It is highly readable and will help you see how all of these elements are interdependent and must align to achieve successful implementation:

Heneman, R. L., Fisher, M. M., and Dixon, K. E. (2001). Reward and organizational systems alignment: An expert system. Compensation & Benefits Review, 33(6), 18-29. Retrieved on November 6, 2012, from ProQuest.

Optional Reading

Aligning organizational culture with business strategy. (2013, November). Towers Watson. Retrieved on August 29, 2014 from http://www.towerswatson.com/en-US/Insights/Newslet…

Durden, C. (2012). The linkages between management control systems and strategy: An organic approach. Proceedings from The International Conference on Accounting and Finance. Singapore: Global Science and Technology Forum. Retrieved on August 29, 2014 from ProQuest.

Klosowski, S. (2012). The application of organizational restructuring in enterprise strategic management process. Management, 16(2), 54-62. Retrieved on August 29, 2014 from ProQuest.

Develop three goals for two functional areas within an organization and identify activities that support achievement of each goal, using strategic alignment worksheets. Then write a 2–3 page summary analysis of the strategic alignment work you did.

Note: The assessments in this course build upon each other, so you are strongly encouraged to complete them in sequence.

An important responsibility of managers is to communicate the organizational vision, mission, and goals, and develop and execute strategies for achieving them. For this assessment, you will take on the role of a manager in a case study scenario, to plan how you will communicate goals to your team and develop achievement strategies and criteria. Your job as the department manager is to convert the organizational goals you have been given into departmental activities that can be accomplished and measured, and to align the daily activities of your department with the overall company goals.Effective management encompasses four principal elements: planning, organizing, leading, and controlling the limited resources of an organization to achieve stated goals. This assessment focuses on the first of these elements: planning.

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

• Competency 1: Evaluate the purpose and relevance of management roles.
  • Analyze factors that define and shape management in the human resources functional area.
  • Analyze factors that define and shape management in a declared functional area
• Competency 2: Evaluate how planning and decision-making influence the roles of a manager.
  • Analyze the value of planning in strategic management.
  • Create management goals for a human resources functional area.
  • Create management goals for a declared functional area.
  • Identify activities to achieve chosen goals for a declared functional area.
  • Identify activities to achieve chosen goals for a human resources functional area.

  As you prepare to complete this assessment, you may want to think about other related issues to deepen your understanding or broaden your viewpoint. You are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of your professional community. Note that these questions are for your own development and exploration and do not need to be completed or submitted as part of your assessment.

  • Reflect on a time when you were part of a team that was assigned to make a decision. What were the circumstances? How did the process work? Were you in agreement with the decision? What were the results or effects of the decision? What would you have done differently?

  • Required Resources

    The following resources are required to complete the assessment.

    Capella Resources

    The following documents introduce the Atha Corporation case study. This case study forms the basis for your assessments in this course.

    • Executive Department Management Instructions [DOCX].
      • Use this document to understand your directives and parameters as a manager for the Atha Corporation.
    • Doubling Sales Memo [DOCX].

    For your assessments in this course, you will choose a functional area to focus on in addition to the human resources functional area. As you move through your assessments, you will be completing sections of the strategic alignment worksheets listed below:

    • Accounting and Finance SAW [DOCX].
    • Human Resources SAW [DOCX].
    • Operations and Production SAW [DOCX].
    • Sales and Marketing SAW [DOCX].

    Capella Multimedia

    • Presentation from the CEO | Transcript.
      • This introduction from the CEO of Atha Corporation is the first of a series of videos that set up the case study context for your assessments.
    • Atha Corporation: Planning | Transcript.
      • Use this video to help you complete this assessment.

    SHOW LESS

    Suggested Resources

    The resources provided here are optional. You may use other resources of your choice to prepare for this assessment; however, you will need to ensure that they are appropriate, credible, and valid. The BUS-FP3011– Fundamentals of Management Library Guide can help direct your research, and the Supplemental Resources and Research Resources, both linked from the left navigation menu in your courseroom, provide additional resources to help support you.

    Capella University Library Resources

    • Rao, P. S., & Pande, H. S. (2010). Principles and practice of management. Mumbai, IND: Himalaya Publishing House.
      • You may want to pay particular attention to the chapters associated with planning and decision making, which are the focus of the assessment.

    The library e-books below contain relevant content on different functional areas of management that you will examine in your assessments.

    • Aswathappa, K., & Shridhara Bhat, K. (2009). Production and operations management. Mumbai, IND: Himalaya Publishing House.
    • Bogardus, A. M. (2004). Human resources JumpStart. San Francisco, CA: Sybex.
    • Hiriyappa, B. (2009). Organizational behavior. Delhi, IND: New Age International Publishers.
    • Peterson Drake, P., & Fabozzi, F. J. (2010). The basics of finance: An introduction to financial markets, business finance, and portfolio management. Hoboken, NJ: Wiley.
    • Sheehan, B. (2011). Marketing management. West Sussex: GBR: AVA Publishing.

    Bookstore Resources

    These resources are available from the Capella University Bookstore:

    • Robbins, S. P., Coulter, M., & DeCenzo, D. A. (2017). Fundamentals of management: Management myths debunked! (10th ed.). Boston, MA: Pearson.

    Case Study Introduction

    In this course, you will complete four assessments based on the Atha Corporation case study. Based on the scenario provided in the Atha Corporation materials, you will simulate an organization-wide strategy of goal setting and achievement by creating alignment between daily activities, department objectives, and organizational goals. As a manager of the fictional Atha Corporation, you will examine two functional areas within the organization:

    • The human resources functional area.
    • Your choice of one of the following three additional functional areas:
      1. Sales and marketing.
      2. Operations and production.
      3. Accounting and finance.

    For each functional area (both the human resources area and your additional chosen functional area), you will create a strategic alignment worksheet (SAW), developing different sections of both forms through successive course assessments. You will also create organizational charts for both functional areas. Note that you are expected to choose your second functional area in this assessment, and to continue to use that same functional area throughout the course.

    Preparation

    To prepare for this assessment, complete the following:

    • Select Functional Area: In addition to human resources functions, select one of the following functional areas to focus on:
      • Sales and marketing.
      • Operations and production.
      • Accounting and finance.
    • Download worksheets: Download the strategic alignment worksheets for your chosen functional area and for the human resources area. (The SAWs are linked in the Resources under the Required Resources heading.)
    • View Videos: Watch the Presentation from the CEO video and the Atha Corporation: Planning video, both of which are linked in the Resources under the Required Resources heading. These videos introduce the Atha Corporation case study.
    • Read Atha Corp Documents: Read the Executive Department Management Instructions and the Doubling Sales Memo, both of which are linked in the Resources under the Required Resources heading.
    • Research Planning Processes: Conduct independent research to familiarize yourself with the process of developing organizational project goals and activities. You may find the materials listed in the Suggested Resources for this assessment helpful, or you may search for other resources.

    Strategic Alignment Worksheets

    Complete Section 1: Goals and Activities in the strategic alignment worksheet (SAW) for both functional areas. For this assessment, complete only Section 1 in each worksheet.

    • Develop three new departmental goals (in addition to those provided in the worksheets).
    • Identify activities that support achievement of each goal, and list the achievement deadline for completing each activity.

    Assessment Instructions

    For this assessment, consider that you were asked to assist an executive of the organization in establishing management goals and supporting activities for two functional areas of the organization. You will be acting as the interim department manager of each. Write a 2–3 -page summary analysis of the work you just completed for your Strategic Alignment Worksheets (SAWs). The executive is the primary audience for your summary, but he indicated he would likely share it with other key executives. To provide the executive with the best possible understanding of your work, your summary should address the following points:

    • For the human resources functional area, analyze factors that define and shape management (such as the economy, customer needs and wants, and innovation). For that same functional area, assess the relative influence of these factors (which of them have more impact than others).
    • For the second functional area you selected, analyze factors that define and shape management (such as the economy, customer needs and wants, and innovation). For that same functional area, assess the relative influence of these factors (which of them have more impact than others).
    • Analyze the value of planning in strategic management and the risks of not planning. As part of that, describe how planning is important to the achievement of organizational goals.
    • Indicate the research you used to support your work in arriving at the goals and activities.
    • Describe the current or past experience (if any) you used as the basis for this activity.

    Based on an executive audience, your summary should be well organized and written in clear, succinct language. Follow APA rules for attributing sources that support your analysis and conclusions.Academic Integrity and APA FormattingAs a reminder related to using APA rules to ensure academic honesty:1. When using a direct quote (using exact or nearly exact wording), you must enclose the quoted wording in quotation marks, immediately followed by an in-text citation. The source must then be listed in your references page.2. When paraphrasing (using your own words to describe a non-original idea), the paraphrased idea must be immediately followed by an in-text citation and the source must be listed in your references page.Submit all three of the following as attachments to this assessment:

    1. Your SAW for the human resources area, with only Section 1 completed.
    2. Your SAW for the additional functional area you chose, with only Section 1 completed.
    3. Your summary paper.