Legal Environment In Businesses

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What is the legal environment in which business operates today? My immediate thought when I first read this question was, without regard to the "environment", they operate very carefully. Businesses today are taking great precautions to protect themselves from other businesses, customers, consumers, and State & Federal regulatory agencies. We find ourselves working and living in a litigious society gone a wry. This may seem a bit cynical, but my experience in the MBA program thus far, the information I have learned in this class and my own experience has led me to this conclusion. We as MBA students and prospective business owners must prepare ourselves for this legally challenging environment.

Business-to-business transactions require extensive legal expertise. Businesses incorporated today, and companies that incorporated years ago, are finding themselves hiring lawyers for the simplest of business transactions. In my work experience, we have had many agreements that needed the assistance of attorneys. The first experience, is our most recent, a joint venture with two other well established companies. LaBarge Products, Inc., Goodyear Tire and Rubber Company, and Henry A. Petter Supply joined to distribute conveyor-belting products in the St. Louis region. The details of the venture are that Henry A. Petter wanted to move into the St. Louis region with out having a brick and mortar presence, LaBarge agreed to be that for them. Goodyear is involved because it is their product and they have to be careful in regards to distributor territories. Each company felt concern about the venture not having a contract stating each company's involvement, responsibilities, and possible restitution if required. As a result, a legal contract was drawn and due to the involvement of attorneys, this venture took well over six months before being finalized. On the other hand, thirty years ago, this type of agreement would have ended in a handshake and no one thought twice about breach of contract or the possibilities of suing the other partners.

Another business-to-business transactions requiring the help of the legal system is distributor-manufacturer agreements. Again, LaBarge Products, Inc. is a distributor for a multitude of manufacturers. We are required only to have a contract with one, Eaton Aeroquip. This contract outlines the details of our distributorship, listing restrictions to other manufacturer's products we are allowed to carry, whether or not we are a "Premier Distributor" or an "Associate Distributor, and our responsibilities in growing the business here in St. Louis. If Eaton finds us at fault in any of the details to the distributor agreement, they can pull the line at any time. If Eaton feels that we breach a contract-pricing schedule with a customer, they can file suit against us for compensation.

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Business-to-business customer transactions are finding themselves in the world of litigation as well. For example, supply-chain agreements and integrated-supply agreements are now requiring written contracts developing regulations and provisions for breach. A supply-chain agreement is when a company, like Monsanto, will do away with the bulk of their purchasing department and storeroom locations, and hire a company like Texas Mill Supply to handle their inventory. Monsanto contracts this out in order to reduce the number of employees needed and decrease their overhead. Texas Mill engages in an agreement like this because not only are they compensated for the materials, but also a negotiated percentage above that for handling the ordering, stocking, and management of the inventory. Companies need legal protection because now when you are providing a supply or a service in this situation you have employees working in another company's facilities and taking over duties that the customers once did themselves. This protection is health insurance, liability insurance, and workman's compensation to cover these employees. Monsanto would not be responsible for a Texas Mill employee while this employee was at Monsanto doing a stock order.

The next area of business heavily hit by litigation is the business-to-consumer division. Companies now carry large dollar liability insurance to protect themselves from consumer claim. Our company used to carry only a $1 million dollar product liability umbrella, but with the increase in litigation forced us to increase it to $10 million dollars. All paper work and products have warranty disclaimers, to protect retailers, manufacturers, and consumers. Invoices and receipts of purchase have disclaimers claiming we are not liable for anything. This is a result of consumers favoring frivolous and nuisance litigation. Consumers jump at the chance to sue a manufacturer as proven in examples in class. The prime example offered in class, was the consumer who sued a ladder manufacturer after he fell off the ladder because it was place in a pile of cow dung. Now as we discussed did the consumer need protection or to the companies need it from consumers like this one.

Businesses also need to protect themselves even from their own employees. This is another radically cynical statement but it is true that businesses today face litigation from their own workers. Businesses are now including arbitration clauses in contracts to prevent lawsuits. The types of litigation employers are protecting themselves from are sexual harassment, discrimination, and competitive information leaking from their business. Businesses are either holding seminars or sending employees to seminars to learn about sexual harassment to protect themselves from future lawsuits. This is a large cost incurred by the employer not to mention the cost of liability insurance to handle situations. Many employers are having prospective employees sign "Non-Competition Clauses" or "Non-Disclosure Agreements", these agreements protect the company if the employee should not stay with the firm. Each company's clause/agreement details different restrictions put upon the employee upon leaving the company. LaBarge Products' clauses/agreements prohibit a former salesperson from contacting current customers within a certain mile radius of the city. They are prohibited from taking customer lists with them; they are even prohibited from joining a competitors firm until three years upon leaving LaBarge. LaBarge has put these details in the clauses/agreements for protection.

The fifth partnership that businesses need to protect themselves from is the Federal & State regulatory agencies and acts. These Federal agencies and acts include the Occupational Safety and Health Act (OSHA), the Environmental Protection Agency (EPA), the Securities and Exchange Commission (SEC), the Internal Revenue Service (IRS), the Equal Employment Opportunity Commission (EEOC), the Food and Drug Administration (FDA), and the Federal Trade Commission (FTC), just to name a few. The two important agencies/acts in my opinion are OSHA and the EPA. These two agencies ultimately affect the way a business operates and influences how a company goes to market and effects the cost of goods sold. The cost and liability involved with these two agencies is unbelievable. For example, a few years ago, our company purchased castings made in St. Louis, we then machined the parts, sent them to be anodized, and then we would assemble, package, and ship them. The casting manufacturer here in town paid so much for disposal of the by-products, casting run-off, slag and molder sand, which was over 60% of his cost of making the parts. We can now purchase the same castings from China completely machined, anodized, and assembled cheaper than the original casting alone. This is because the Chinese casting manufacturers' regulatory cost is cheaper than those in the United States are. Their utilities are free, and they have no EPA to monitor the disposal of the run-off the companies just dump the run-off onto the ground. There are no lawyers to sue these companies in China for pollution or environmental neglect. On the other hand, lawyers specialize in EPA cases, suing companies for violating the rules and regulations. There for, companies carry a high insurance policy to solve issues like these. The State agencies are typically mirror bureaucracies of the Federal agencies. These agencies are another level taking another piece of your pie.

I believe that this environment is a product of the influx of new attorneys graduating each year. Every year there are more lawyers then engineers graduating. The increase of attorneys as made the legal system go a wry. There are law offices on just about every corner in some cities that are more than willing to take on a lawsuit against anyone.

When this country was starting out, many of the legislators were citizen legislators. A citizen legislator was a legislator that owned land, was a farmer, business owner, and a legislator part of the time. Now, the majority of legislators are lawyers. This is a conservative opinion, and by no means is do pass negative judgment on lawyers.

The opportunity to sue businesses and other people presents itself to be an easy task. All it takes is a plaintiff to file suit against a defendant, and whether the plaintiff wins or loses, there is no cost to them. On the other hand, the defended is out cost of lawyers, possible loss time at their job, and the embarrassment of the lawsuit.

The change in the legal environment I would like to see is a reform in the litigation system. The legal system is strongly political in the United States. Trial lawyer lobbyists will oppose reform. Trial lawyers thrive on lawsuits and litigation any type of torte reform would be frowned upon.

The torte reform I propose is to mirror the British court system. In Britain, any plaintiff that files a lawsuit is responsible for the costs of the defendant if the suit is found in favor of the defendant. This kind of reform in our legislation will curb the appetite of prospective plaintiffs raising suit against another.

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Hitler's foregin policy

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Was Hitler's foreign policy one of the most important reasons for the outbreak of World War?

I think that without any doubt we can say that Hitler's foreign policy was one of the main reasons for the outbreak of the second world war, but his foreign policy would certainly not have been feasible if it had not been for a variety of reasons including the extremely poor outcome of the then newly formed league of nations, They were however a number of reasons that would ensure the League of Nations would fail right from the start, first and foremost was the exclusion of America and the U.S.S.R from the league, The U.S.A by choice and the Russians were simply ignored, these proved to be a huge faltering point for the league, as none of the countries actually in the league were willing to commit an army as they wanted their army for various other reasons; France wanted theirs as they were concerned about the growing threat of Adolph Hitler to the east, and Britain was more concerned about defending her empire in Asia and Australasia, and the other nations were simply to small to commit an army, so the League didn't actually have any army to threaten or "flex it's muscles" with which greatly helped Hitler among others expand their empires, which was proved by the Japanese taking Manchuria, and the Italians taking Abyssinia, and zb as the league was busy fretting over these problems, Hitler started probing Neville Chamberlains great theory of appeasement which consisted mainly giving the problem causing nation what they want in an effort to keep them quiet and happy, this technique soon proved to backfire horribly on the league of nations as this allowed Hitler to take complete advantage of his position and occupy the Rhineland, then go on to take over Austria, though this move was deemed fair by most but not officially as they agreed with Hitler that the Austrian population was greatly Germanic anyway. However Hitler was about to make one move to far which was to try and takeover Poland, and when he attempted this(successfully) Britain and France finally decided that enough was enough and declared war on Iraq. Hitler's conquest of Poland was fuelled by his somewhat crazy idea of "Lebensraum" or living space which stated that the new "Aryan" race would need extra living space and Hitler believed that Eastern Europe (Russia in the end) would solve this problem.

The people in Britain and France did not want another War after they had all been through the Great war, so Chamberlain was praised at first for his policy of appeasement, it was only when Hitler started demanding more and more that peoples minds started to change, and when he invaded Poland most people knew that war was now inevitable, so when war was declared people couldn't really blame Chamberlain because at the time they though that he was doing the right thing.

Hitler was helped by the fact that the British people sent to negotiate with him were very "tea and crumpets" in the way that they were very posh and believed Hitler when he promised he was happy with the Sudetenland and would not demand any more of Europe, looking at all of these points we can say that Hitler's foreign policy was a big factor in the outbreak of the war, but we must not forget how big a role some of these factors played.

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Coke

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I. INTRODUCTION AND PURPOSE

This article illustrates a systematic approach for teaching fundamental investment analysis.

Students analyze the investment potential of a publicly traded corporation. The semester project

consists of three parts a complete ratio and DuPont analysis to determine the current financial

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position of the company, a strategic analysis to determine the major strengths and weaknesses of

the company, and a forecast of the future performance and discounted future cash flow analysis

to determine the companys intrinsic investment value.

II. THE IMPORTANCE OF HISTORIC RATIO ANALYSIS

At the core of fundamental investment analysis is the ability to calculate, analyze, and

interpret the meaning of financial ratios to determine the financial position of the firm. Ratios

are used to discern changing patterns and potential trouble spots that may arise in the future

business life of a firm. They allow the analyst to standardize key financial variables from the

balance sheet and income statement for comparison to industry averages or those of a major

competitor. The semester project requires each student to obtain financial data on his or her target firm

from the SEC website (www.sec.gov) and, using integrative Excel spreadsheets supplied by the

professor, to calculate relevant ratios in the four financial management areas liquidity, asset

utilization, employed leverage, and profitability.

III. ANALYSIS OF THE COCA COLA COMPANY

The Excel spreadsheet (Exhibit 1) is set up with logic statements to make assessments

regarding time-series trends and cross-sectional analysis. The cross-sectional analysis allows the

student to compare his/her selected company to the industry average, while the time-series

analysis allows for a trend comparison over the past three years.

Coca Colas liquidity is substandard when compared with the industry. The current ratio for

16 is below industry average. In addition, its quick ratio also indicates less liquidity than the

industry average with no discernable trend of improvement over the last three years. Therefore,

Coca Colas liquidity position could be characterized as substandard.

The activity ratios reveal a second dimension of the Coca Cola Company. These ratios

indicate the relative efficiency with which the company uses investors assets. The inventory

turnover ratio measures how rapidly the company turns over or uses dollars invested in

inventory. In the case of Coca Cola, there are positive values reported based on industry average

and cross-sectional comparisons. The inventory turnover for 16 was 7.08 in comparison to an

industry average of 5. Likewise, the three-year trend indicates a continual improvement in

inventory turnover. Other activity ratios indicate similar positive results based on both cross-

sectional and time-series analysis.

The third group of ratios deals with the use of debt in the capital structure as well as the

ability to meet interest payments from operating income. Both the total debt ratio and the debt-

to-equity ratio indicate a favorable assessment based on cross-sectional and time-series analysis.

In addition, the times-interest-earned (TIE) ratio indicates that the company covers interest

charges over 16 times. This again compares favorably to the industry average of 15 times.

The fourth category ratios deal with profitability. Coca Colas gross profit margin is clearly

superior in comparison with the industry average. It is also obvious that Coca Cola does a

superior job of cost cutting, resulting in higher operating profits when compared to the industry.

In addition, the net profit margin of 18.8 percent net return on sales compares well to only 15

percent for the industry.

Next, return on total assets also indicates favorable performance. Coca Colas 16 return

on total assets is percent compared to 16 percent for the industry. Further, the return on

equity for 16 was 57 percent, more than twice that of the industry average of percent.

The DuPont analysis for Coca Cola (Exhibit ) allows the students to consider all the parts

that affect the stockholders return on equity. The 16 return on equity of 56.7 percent is a

function of three triggers the financial manager has to control the performance of the firm the

net profit margin, total asset turnover, and the financial leverage multiplier. The strength of the

DuPont system is its ability to dissect the balance sheet and income statement and isolate

financial areas of low performance or concern. A comparison of the firms net profit margin,

total asset turnover, and financial leverage multiplier to the industry averages can pinpoint

area(s) of substandard performance that led to a low average return on equity.

Exhibit

DuPont Analysis 1

14 15 16

Return on Equity 48% 55% 57%

Net Profit Margin 16% 17% 1%

Total Asset Turnover 1.x 1.x 1.x

Financial Leverage Multiplier .7x .8x .6x

1 numbers are rounded

In summary, the ratio analysis suggests superior performance over the last three years. Coca

Cola is an excellent example of a fundamentally sound, long-term growth company that

continues to return to its shareholders in excess of 40 percent return on investment per year. It

meets the criteria of a franchise product company, one whose product is unique with few

substitutes, has a high demand, and has little or no government regulation. In addition, Coca

Cola continues to be an aggressive cost cutter as reflected by a continual increase in the

operating profit margin.

IV. STRATEGIC ANALYSIS

The strategic analysis includes an assessment of the companys strengths, weaknesses,

opportunities, and threats. In addition, the student is required to do an environmental scan of the

industry in order to determine who the competition is, what the relative market share is and could

be, and the degree to which the company has a competitive advantage in both domestic and

international markets.

The Coca Cola Company has many strengths and opportunities and only minor weaknesses

and threats to face. First, the companys product is clearly a franchise-that is its major strength.

Second, its ability to get the product to the customer at the least cost, when they want it, is a

strength that is surpassed only by its advertising prowess. Coca Cola recently entered both the

Chinese and Indian markets with distribution networks that have been in place for a number of

years. Its relative success in these markets will ultimately determine if sales will double every

three years, according to the companys CEO.

The strategic analysis requires the student to consider the non-quantitative factors that

contribute to the overall fundamental soundness of the company. The student is required to

consider these non-quantitative factors in the final analysis of whether the company should be a

prospective investment.

V. FORECASTS OF FUTURE PERFORMANCE

In the final phase of the semester project the student determines the intrinsic investment

value of Coca Colas stock. The intrinsic value is based on the present value of the annual cash

flows the stockholders receive over the next 10 years. Exhibit uses historic data for the last six

years to determine the stockholders cash flow, the annual growth rate of stockholders cash

flow, and the six-year average past growth rate of stockholders cash flow.

EXHIBIT

Return on Equity Calculations

Calculations

11 1 1 14 15 16

Price Per Share 14.884 0.664 1.084 .75 1.8 4

Owners Cash Flow

(NI + Dep - Capl Exp) 1085.4 11.147 175.7 06.75 507.77 40

Annual CF Growth Rate 0.04117 0.5748 0.176 0.116 0.1755

5-Year Average CF Growth .10%

Annual Sales Growth 10% 0.101 0.0686 0.1581 0.1104 0.015

5-Yr Average Sales Growth

Value Added 7.674 0.18 0.8440 7.715 6.4856

Average Value Added $4.7

Owners CF Per Share

0.40848 0.4158 0.6687 0.811056 1.00166 1.187878

Using the 16 shareholders cash flow ($.4 billion) the cash flow to the shareholders is

projected to grow at the six-year average past growth rate (Exhibit 4) over the next 10 years.

Next, using the dividend valuation model, the capital asset pricing model, and the bond

yield-plus-risk-premium model, the investors required rate of return for investing in Coca Cola

is estimated to be approximately 15 percent. This rate is used to discount the stockholders

future cash flows to their present value. Finally the terminal value of Coca Colas stock 10 years

from now is estimated using the dividend valuation model (P 10 = D 11 k s g) and also

discounted to the present value at the investors required rate of return. The sum of the present

value of each of the next 10 years cash flows to the stockholders and the present value of Coca

Colas stock 10 years from now represents the intrinsic investment value of Coca Colas stock.

Finally, the student compares Coca Colas intrinsic value to its actual stock price to make an

investment decision.

VI. CONCLUSIONS

This paper presents a systematic approach, using Excel spreadsheets, to teach fundamental

analysis. The student semester project consists of three major parts, a complete ratio analysis

based on historic financial statements, a strategic analysis that identifies the companys strengths,

weaknesses, opportunities, and threats, and a present value analysis of stockholders future

expected cash flows. The discounted future cash flows to the stockholders represent the intrinsic

value of Coca Colas stock and is compared to the actual stock price.

While the project appears to be extensive, the Excel spreadsheets tend to make short work of

the analysis. Students have found the experience quite rewarding.

V. REFERENCES

Copeland, Tom, Koller, Tim, and Jack Murrin, McKinsey & Company, Inc.,

000, Valuation,

Measuring and Managing the Value of Companies

, John Wiley & Sons, Inc.

Fraser, Lyn M., and Aileen Ormiston,

000, Understanding Financial Statements

, Prentice Hall,

Inc.

Higgins, Robert C., 15,

Analysis for Financial Management

, Richard D. Irwin, Inc.

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Cold War

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Open yet restricted rivalry and hostility that developed after World War II between the U.S. and the Soviet Union and their respective allies. The U.S. and Britain, alarmed by the Soviet domination of Eastern Europe, feared the expansion of Soviet power and communism in Western Europe and elsewhere. The Soviets were determined to maintain control of Eastern Europe, in part to safeguard against a possible renewed threat from Germany. The Cold War (the term was first used by B. Baruch during a congressional debate in 147) was waged mainly on political, economic, and propaganda fronts and had only limited recourse to weapons. It was at its peak in 148-5 with the Berlin blockade and airlift, the formation of NATO, the victory of the communists in the Chinese civil war, and the Korean War. Another intense stage occurred in 158-6 with the Cuban missile crisis, which resulted in a weapons buildup by both sides. A period of dtente in the 170s was followed by renewed hostility. The Cold War ended with the collapse of the Soviet Union in 11.

Open yet restricted rivalry and hostility that developed after World War II between the U.S. and the Soviet Union and their respective allies. The U.S. and Britain, alarmed by the Soviet domination of Eastern Europe, feared the expansion of Soviet power and communism in Western Europe and elsewhere. The Soviets were determined to maintain control of Eastern Europe, in part to safeguard against a possible renewed threat from Germany. The Cold War (the term was first used by B. Baruch during a congressional debate in 147) was waged mainly on political, economic, and propaganda fronts and had only limited recourse to weapons. It was at its peak in 148-5 with the Berlin blockade and airlift, the formation of NATO, the victory of the communists in the Chinese civil war, and the Korean War. Another intense stage occurred in 158-6 with the Cuban missile crisis, which resulted in a weapons buildup by both sides. A period of dtente in the 170s was followed by renewed hostility. The Cold War ended with the collapse of the Soviet Union in 11.

Open yet restricted rivalry and hostility that developed after World War II between the U.S. and the Soviet Union and their respective allies. The U.S. and Britain, alarmed by the Soviet domination of Eastern Europe, feared the expansion of Soviet power and communism in Western Europe and elsewhere. The Soviets were determined to maintain control of Eastern Europe, in part to safeguard against a possible renewed threat from Germany. The Cold War (the term was first used by B. Baruch during a congressional debate in 147) was waged mainly on political, economic, and propaganda fronts and had only limited recourse to weapons. It was at its peak in 148-5 with the Berlin blockade and airlift, the formation of NATO, the victory of the communists in the Chinese civil war, and the Korean War. Another intense stage occurred in 158-6 with the Cuban missile crisis, which resulted in a weapons buildup by both sides. A period of dtente in the 170s was followed by renewed hostility. The Cold War ended with the collapse of the Soviet Union in 11.

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Japanese vs chinese immigatrtion

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The Chinese and Japanese immigrated to America and other countries in search for money. Most who immigrated to America were poor farmers (almost all male) who wanted to find a better life for themselves and their family. The early experience of the Chinese and Japanese immigrants was racism, hard work, and a rough life to adapt in a culture that was not the same as their own.

During the period of the gold rush many Chinese people came to California and sought after the gold in the mountains. At first the Chinese were welcomed into America because they took over jobs Americans didn¡¦t want to do, but than these Chinese were used to deal with white laborers who went on strike. Most Chinese people who immigrated worked at mines, plantations and railways.

After China lost to Britain in the Opium War, there was a dramatic increase of immigration to the U.S. Their self sufficient economy came to a halt and most peasants became bankrupt and had to leave the country in order to survive. Some Chinese immigrants used the credit ticket system to get into the U.S., it¡¦s when they borrow money to get a ticket to the U.S. and they pay the person back with a lot of interest.

There were the Chinese society in the U.S. was mostly a bachelor¡¦s society and some married, the men needed to satisfy their needs, so they went to prostitutes. Women and children were not allowed entry unless their husband or father was a merchant, which was a small percentage of Chinese men. Some even tried to pose as merchants in order to bring their family in.

In 188 the Chinese exclusion act was passed because of the increasing amount of immigrants coming into the country after the disaster in 106 by an earthquake. These Chinese exclusion act prohibited Chinese entry in the U.S. for ten years. Soon after the Chinese exclusion act was passed, there were more Japanese immigrating to the United States.

During the Meiji restoration, the Japanese required farmers to pay taxes on their land. Many farmers began to feel the economic destitution. Hawaii offered a chance for the Japanese to survive. The Japanese government encouraged their citizens to go to America as contract laborers during 1885 to 184. They signed agreements for a fixed pay of nine dollars a month with food, housing, and some medical care. They were told they could save a lot of money if they immigrated to Hawaii. Japan was ruled by a strong central government so there were specific groups of people who immigrated to the U.S., and they were able to control immigration population.

The Japanese worked hard as farmers, laundry workers, grocery stores, and barber shops for the Japanese community. The only real success of the Japanese in these jobs were the farmers, they began to make more rice. Every job required them to work long hours and long weeks; it was a rough life for the Japanese too.

The Japanese didn¡¦t want their citizens to be involved with prostitution, gambling and other bad habits. They allowed the immigration of women to the U.S., unlike the Chinese women who were not allowed in, Japanese women began to over populate the Chinese women that are in America.

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Paradox of value

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Both diamonds and water are scarce resources. A diamond is composed solely of carbon and its formation takes many billions of years. Exposed to intense heat and pressure hundreds of kilometers below sea level, the magical objects of desire are shaped by a powerful, natural process. Water is a daily necessity to each and every one of us. We need to drink water everyday, shower, washing and basically to survive.

Why are diamonds which have relatively little use to society; so costly, yet water which is fundamental to our way of life, so inexpensive?

Adam Smith (17-170) certainly believed that water is necessary for life (we will perish without it). By contrast, diamonds have little of such utility. They are only useful for adornment. It is possible to do without diamonds entirely yet diamonds cost so much more. Smith's "paradox" as it has come to be known, highlights these two incongruous facts

1. If a product's demand is largely dependant on its usefulness, then we would expect water; being the more useful of the two; to command a higher price.

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. Diamonds are more costly.

The scarcity of diamonds will always ensure a high marginal value because an extra pound of diamonds has valuable uses that are not currently being met. Conversely, water is tremendously abundant and thus has a high total value and a low marginal value. A mere extra gallon of water is not particularly important.

For example, we assume that a person consumes units of water but no diamonds. The fourth unit of water would gives her only 10 additional units of utility. However, the first diamond would give her 150 units of utility (the marginal utility of diamonds increases as she consumes more diamonds). Therefore, she would be willing to spend 15 times as much for a 1 carat diamond as for a unit of water.

Conclusion

Consumers clearly get more total utility from water than diamonds. The last liter of water we drink or use in the shower gives us very little marginal utility. However, the last diamond still makes a big difference. People are willing to pay more for extra diamonds than for extra water because diamonds are rare and its value is greater than water. The total utility and marginal utility for diamonds will always increase. William Jevons (185-188) clearly states- "Cost of production determines supply, supply determines final degree of utility, final degree of utility determines value." (Begg, Fischer and Dornbushch, 00, P. 71)

In view of this "paradox", it has been maintained that it is not the usefulness of an object but scarcity that determines its price. Diamonds are expensive because they are rare. Water is inexpensive because it is widely found.

1. Jevons, William. ( 170 ) The Theory of Political Economy, Penguin, Harmondsworth

. Smith, Adam. ( 11 ) An Enquiry into the Nature and Causes of the Wealth of Nations, Oxford University Press, Oxford

. Beggs, David, and Fischer, Stanley and Dornbusch, Rudiger, Economics ( seventh edition ), McGraw- Hill Companies, Inc., 00

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Organizatinal Analysis

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Organizational Analysis of the YWCA

I. Introduction

a. The Young Women's Christian Association states its mission as the following "The YWCA of the United States of America is a women's membership movement nourished by its roots in the Christian faith and sustained by the richness of many beliefs and values. Strengthened by diversity, the Association draws together members who strive to create opportunities for women's growth, leadership and power in order to attain a common vision peace, justice, freedom and dignity for all people" (YWCA Mission). The Richmond branch of the YWCA strives to empower women, children, and families through their current programs addressing family violence, sexual assault, and homelessness.

b. The YWCA currently employs 65 part-time and full-time staff. In addition to the staff, the YWCA utilizes many volunteers and interns to assist the agency in providing various services to women and children in the community. The agency is located in a newly renovated building on 5th Avenue in downtown Richmond. The building is comprised of four levels that have been built to accommodate those with physical disabilities. When entering the edifice, one is located on the first floor that houses the secretary, two conference rooms, the gymnasium, and the only two enclosed offices of the Executive Director and the Assistant Executive Director. The basement is a newly constructed children's center. This location includes several classrooms, a computer room, and a cafeteria. The second floor consists of a break room for the staff, an art room designed for the children, and a large play area that the children partake in many activities including riding tricycles to taking their naps. The third floor contains cubicles that house the student unit, the rest of the full-time and part-time staff (excluding childcare workers), three private rooms for the purpose of counseling services, and a large room utilized for support group meetings. The entire agency atmosphere produces an environment that is conducive to feelings of support, comfort, and an overall sense of openness. This is demonstrated by not only the structure and design itself, but by the employees staffed at the YWCA. Please refer to Figure 1.1 for an organizational chart of the agency.

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c. The YWCA offers a variety of services to women, children, and families located in the Richmond community. For example, the agency maintains two twenty-four hour crisis hotlines operated by crisis hotline specialists and has two confidential emergency shelters for victims of domestic violence and sexual assault. The two shelters are located in the Richmond and Chesterfield areas that each can accommodate twenty women and children. The shelters provide individual and group counseling for women and their children, case management services, employment and legal assistance and childcare for victims of domestic violence, and serve as temporary emergency shelter for victims of sexual assault. The main office, located on 5th street, provides individual short-term crisis counseling for women, men, and adolescents who are victims. In addition, group counseling is available for victims of domestic violence with a concurrent group for their children. Groups are also available for adults and teenagers who are victims of sexual assault. Furthermore, a trained volunteer or staff member is available 4-hours a day to meet sexual assault clients at the hospital emergency room to provide support and information. Another example of the services provided by the YWCA is the childcare program implemented for low and no income families. The YWCA Children's Center is the only source of free childcare for families living in area homeless shelters. As one of Richmond's largest Head Start sites, the YWCA serves over sixty preschoolers each day with comprehensive programming (YWCA Children's Center). After school and during the summer, homeless and low-income children enjoy field trips, homework assistance, and educational activities in a safe, nurturing environment. Last, but certainly not least, the YWCA provides educational programs on the issues of domestic violence, sexual assault, and healthy relationships for organizations, businesses, prisons, schools and youth groups.

d. The YWCA serves women, children, and families of all ages, races, and income levels. Specifically, the agency serves any and all primary or secondary victims of domestic violence and sexual assault. The majority of the client population lives in the Greater Richmond area. However, clients are welcome from any location. Moreover, the agency serves the children of no and low-income

families.

II. Theory

a. The political economy model, as presented in Hutchinson (1), reflects the organizational theory that best applies to the YWCA. This model focuses on the dependence of an agency on environment resources in its ability to function and provide appropriate and necessary services to the community (Hutchinson, 1). Specifically, the political economy model addresses two main resources necessary for such organizations (1) political resources and () economic resources (Hutchinson, 1). The interplay of these two sources results in the overall operation of the agency. It is also important to note that this model recognizes clients as a potential resource for advocacy and power in the political arena (Hutchinson, 1).

b. The YWCA is a non-profit organization that depends on both political and economic resources to fund the agency. Therefore, the actions of the political arena directly effect the operations of the YWCA. If the government officials in power have elected to campaign for issues concerning domestic violence and sexual assault, the YWCA can ultimately benefits from such interactions and attention. Often, when political figures get involved in advocating for domestic violence, private donators become more aware of the need for such services provided by the YWCA. This awareness is a potential avenue to raise donations for the agency. Moreover, political figures make the decisions concerning federal and state laws. These political resources provide potential for additional granting and funds for the organization. In addition, several large organizations and businesses, including United Way and Capital One, provide funding for the YWCA. These funds are accompanied with expectations and obligations by such businesses. Therefore, they claim power over what type of services and programming they would prefer to fund. The YWCA is directly affected by their major contributors in that fashion, often creating limitations for the organization. However, the agency depends on these resources to operate effectively and efficiently. A number of other funds and grants are needed to run the YWCA. Whether or not these grants are approved on a yearly basis, seriously affects the clients, community, and the staff. For example, one part-time staff member was recently dismissed from her position because the grant the agency needed to continue funding her position was lost. As a result, they lost the only staff member that ran the Teen Advocacy Program. Since her departure, the YWCA has had to cancel over thirty scheduled teen public education seminars. Due to the political economy model, these types of decisions are often the result of the interplay between political and economic interest. The YWCA had no other feasible options, because of economic resources, other than to eliminate her position within the organization.

III. Critique

a. The YWCA performs poorly under the political economy model. Unfortunately, due to the nature of a non-profit organization, these conflicts will always be an issue and effect the organization on some level. Because the YWCA is so heavily dependent on political and economic resources, it is not always possible to provide efficient and effective services to clients, nor is there always the possibility of implementing additional programs the community addresses as needs. It is also important to reflect on the aforementioned staff member who was dismissed due to lack of funding. Now that her position is eliminated, the Teen Advocacy Program has no available staff to take her place resulting in the elimination of a community educational program. Therefore, this indicates a lack of efficiency and effectiveness to service those potential client populations. Moreover, the lack of government and overall funding is causing the agency to collapse positions together resulting in staffing patterns that are inappropriate the services being provided. For example, the Director of Domestic Violence has additionally been assigned the position and responsibility of Director of Community Outreach. She is not only handing an abundance of individual domestic violence clients, but is now responsible for follow-up and outreach counseling in the community. It would be impossible for her to adequately, efficiently, and effectively serve each client to the best of her ability. Unfortunately, many of the other staff members are encountering the same problems and issues. Another example are the childcare workers. They often have more children in their care than they can feasibly manage. In addition, they are not trained appropriately to provide the necessary services to the population of children. The problem here arises in the issues of salary. The YWCA cannot afford to hire qualified individuals in their childcare programs. As a result, the programs offered to these children are not performing to their highest expectations. As a whole, there are not enough people within the organization to accomplish the expectations given to them on a daily basis. This could, and probably is, affecting the way clients are being served at the agency. However, there does seem to be a common understanding among management and line staff within each program about problems, populations to be served, services to be provided, and client outcomes to be achieved. The problem arises when such needs, issues, and problems are not being met. Most of the issues concerning efficiency and effectiveness of the YWCA stems from the political and economic resources the organizations depends on for its existence. On a more positive note, the YWCA does utilize their clients as resources in the political arena. Often, the clients return to collaborate with the YWCA on political issues. Together they advocate for new governmental policies and regulations. These collaborations have proven to be effective process for change.

b. The contingency theory should be considered as a possible model that might prove to be effective for the YWCA. This theory states that there is no "one best way" to organize (Hutchinson, 1). It maintains that flexibility within the organization is key to identifying and adapting to the changing environment. Since the YWCA is consistently redefining issues of importance within the community, a more flexible theory would assist in the organization of the agency. However, the failure to recognize the strong influences of political and economic forces regarding the agency may ultimately be a limitation.

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