Wednesday, August 26, 2020
Descartes Discourse - Essay Example All the while, it appeared to me that the end would be shown up at distinctively when Descartes admitted Ã¢â¬Å"I saw that the suggestion Ã¢â¬ËI am thinking, along these lines I existÃ¢â¬â¢ has nothing about it to guarantee me that I am talking the truthÃ¢â¬ (Descartes, 2007). Aside from the anticipated conviction of the Ã¢â¬ËcogitoÃ¢â¬â¢ articulation, he finds that he could just build up assurance of honesty for issues that experience an individualÃ¢â¬â¢s striking origination. (2) Since you were anticipating an alternate closure, assess how effective the creator was in persuading you to acknowledge the legitimacy of the Ã¢â¬Å"surprise endingÃ¢â¬ that was not obviously proposed toward the start. Despite the fact that the unexpected completion is a long way from my fundamental suspicion, Descartes figured out how to persuade me through his affirmation of the flawlessness of God from whom the human ability to think started. It convinces me to concur with the intensity of reason as Descartes recognized that a person or thing is more noteworthy than him and his capability to shape considerations or capacity to question where he legitimizes the legitimacy of reason over faculties and cognizance by thinking itself. The logician at the time appears to be fit for being available to the light of all otherworldly and profound prospects that need not be supported by material or physical proof as he continued looking for truth as long as his methodology drives him to continuous and free wisdom from confirmations when
Saturday, August 22, 2020
Danielle Silverstein PHY 101 Section 10497 March 4, 2013 Light up this World Purpose: In this lab try, LED lights will be utilized to show how when E&M radiation is consumed, the vitality is changed over to warm. A drop of isopropyl liquor will assimilate light vitality of various hues, and the dissipation pace of the liquor will be estimated. The way in to this lab is the vanishing rate is legitimately identified with the vitality of the light sparkling on the drop. Materials: * LEDs and circuits (from past lab) * Pipette (or eyedropper) * Rubbing liquor Index card * 9-volt battery * Flashlight * Stopwatch * Small cardboard box (shoe box) Procedures: A three-sided fenced in area from the cardboard box was made. This made an area for applying light from the LED to the drop of liquor while limiting the impact of air flows on the vanishing rate. The eyedropper was utilized to put a solitary drop of isopropyl liquor on a record card inside the fenced in area. A similar size drop was utilized each time the progression was rehashed. The time it takes for the drop to vanish without the LED present was recorded.The dull spot on the card brought about by the liquor was not, at this point obvious. A spotlight was utilized to help with the recognition of the dim spot. The vanishing time was recorded. A similar technique was rehashed for the distinctive shaded LEDs over the liquor drop. The current through each LED and the good ways from the LED to the drop of liquor was the equivalent for each run. The system for each shade of LED was rehashed in any event multiple times and a normal time of dissipation for each shading was determined. A diagram of dissipation time versus recurrence of the LED was then made. Information: Time it took to dry the drop (minutes) | |With no light= 10 minutes | |Red(minutes) |Green(minutes) |Blue(minutes) | |1 |4:43 |5:15 |3:30 | |2 |4:49 |3:59 |3:14 | |3 |5:03 |4:55 |4:07 | |4 |5:23 |3:48 |3:13 | |5 |4:00 |4:26 |3:26 | |6 |5:04 |4:47 |3: 37 | |7 |4:35 |4:20 |3:25 | |8 |5:25 |3:54 |3:10 | |9 |4:30 |5:05 |3:40 | |10 |4:45 |4:15 |3:56 | | |Frequencies(Hz): |4. 3Ã¢ ·10-14 |6. 0Ã¢ ·10-14 |6. 67Ã¢ ·10-14 | |Average Time(s): |4:49 |4:28 |3:31 | [pic] Results: The outcomes show that red had the most reduced recurrence and utilized minimal measure of vitality, green was in the two different hues with a recurrence of 6. Ã ·10-14 and blue had the most noteworthy recurrence of 6. 67Ã¢ ·10-14 Conclusion: Light is scope of the electromagnetic range recognizable by the exposed natural eye. The range additionally incorporates radio waves as far as possible up to gamma beams, and light falls about in the center. Electromagnetic radiation consolidates the two particles and waves in nature. Electromagnetic radiation can likewise be depicted as far as a surge of photons. These are massless particles going with wavelike properties at the speed of light. For instance, the changing electric and attractive fields in space structure electr omagnetic waves (Library Thinking Quest). The hues on the range differ from red to violet.The red light has a lower vitality than the violet light thatÃ¢â¬â¢s toward the finish of the range. The recurrence of the light increments as the shade of the light changes from red to violet. Frequency and recurrence are contrarily corresponding, which makes the frequency decline as the shading changes from red to violet (Hewitt, pg. 520). Contingent upon the shade of the light, the frequency can go from 7Ã£â"10-5 cm (red) to 4Ã£â"10-5 cm (violet), however all electromagnetic radiation goes at the speed of light. The recurrence of the light, which is the quantity of frequencies every seconds is determined utilizing the condition C=LN. L is the frequency, N is the recurrence, and C is the speed of light (Library Thinking Quest).From the perceptions gathered, the red LED light took the longest to dry the drop of liquor and the blue dried it the quickest. Since the red light is on the lower end of the electromagnetic range is utilized the most minimal measure of vitality. Just by taking a gander at the brilliance of the light, this end was made yet consoled subsequent to doing some examination. The red light was exceptionally diminish and black out contrasted with the brilliance of the green and the blue. The blue was the most brilliant of the lights. This light utilized the most vitality and is one of the most distant on the range close to violet. Since the recurrence of light increments as the shade of light descends the range, the red light has the littlest recurrence of 4. 2*10-14, green has center recurrence of 5. 66*10-14 and blue has the biggest recurrence of 6. 37*10-14. The recurrence is legitimately relative to the vitality created by every one of the light, which is appeared in the diagram above. The blue light had the most elevated recurrence and that utilized the most vitality. The red LED utilized minimal measure of vitality since it had the least recurre nce. The more noteworthy the recurrence made the liquor dry quicker since it utilized more warmth (vitality) at once. Light vitality and recurrence are straightforwardly related in reality moreover. Ordinarily since red lights have less vitality than blues lights, blue items are supposed to be hotter.In 1923, American space expert Edwin Hubble (1889-1953) made a dumbfounding revelation. As Hubble watched, the light waves from removed cosmic systems are moved to the red end, and he contemplated this must mean those worlds are moving endlessly from the Milky Way. These perceptions presumed that something that demonstrated red was moving endlessly from its onlooker. The laws of thermodynamics express that where warmth is included, the development is in every case away from a zone of high temperature and toward a region of low temperature. Warmed particles that reflect red light are territories that are advancing toward a territory of low temperature. Atoms of low temperature reflect pa le blue or purple light on the grounds that the inclination of warmth is to push toward them.Fire, for instance, it lets off warmth to keep individuals warm. The shade of fire is for the most part red and orange. These hues are at the lower end of the range of light. The motivation behind why fire is the shading red is on the grounds that; red radiates the most minimal measure of vitality since it has the least recurrence. Fire can be utilized from multiple points of view on the planet without utilizing mass measure of vitality to warm things up. As referenced in the lab from a week ago, the crocodile cuts caused a ton of issues with holing the associations together. A superior material would be the association covers where the wires go inside a little cylinder and are crushed together at each conclusion to protect security.When the light went out because of the association, it caused made a more drawn out time for the liquor drop to dry. This made some blunder in the test with the time and the general normal. [pic]References: Ã¢â¬ ¢ Hewitt, P. G. (1998). Part 23,24. Calculated material science (eighth ed. , pp. 494-550). Perusing, Mass. : Addison Wesley. Ã¢â¬ ¢ Lesson 9 Electricity. (n. d. ). PHY 101 . Recovered February 9, 201328, 2013, from https://www. riolearn. organization/content/phy/phy101/PHY101_INTER_0000_v4/exercises/lesson08. shtml? scrambled sectionid=am5lN0s1VHdrNkRZdEdaK3ZBR3dSdz09 Ã¢â¬ ¢ Ã¢â¬Å"The Physics of Light: What Is Light?. Ã¢â¬ ThinkQuest : Library. N. p. , n. d. Web. 19 Mar. 2013.
Thursday, August 13, 2020
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Saturday, May 23, 2020
It undoubtedly requires a great deal of energy and stamina to apply to graduate school, but your task isnt complete once you send out those applications. Your endurance will be tested as you wait months for an answer. InÃ March or even as late as April graduate programs begin to notify applicants of their decision. It is rare for a student to be accepted at all schools to which he or she applies. Most students apply to several schools and may be accepted by more than one. How do you choose which school to attend? Funding Funding is important, without a doubt, but dont base your decision entirely on funding awarded for the first year of study. Issues to consider include: How long does funding last? Are you funded until you receive your degree or is it for a certain number of years?Will you need to look for outside funding (e.g. jobs, loans, external scholarships)?Will you be able to pay bills, buy food, socialize, etc. with the amount being offered or will the cost of living need to be supplemented by other sources?Have you been offered a teaching or research assistantship at the school? It is important to note other aspects that may be associated with financial concerns. The location of the school can influence the costs of living. For example, it is more expensive to live and attend school in New York City than in a rural college located in Virginia. Additionally, a school that may have a better program or reputation but a poor financial aid package should not be rejected. You may gain more after graduating from a school as such than a school with an unappealing program or reputation but a great financial package. Your Gut Visit the school, even if you have before. What does it feel like? Consider your personal preferences.Ã How do professors and students interact? What is the campus like? The neighborhood? Are you comfortable with the setting? Questions to consider: Is the school located in a region that is habitable according to your terms?Is it too far from family members?Can you live here for the next 4-6 years?Is everything easily accessible?If food is a factor, are there restaurants able to cater to your diet?What kinds of employment opportunities are there?Do you like the campus?Is the atmosphere comforting?What types of facilities are available to the students?Do they have a computer lab that is easily accessible?What services are offered to students?Do graduate students seem satisfied with the school (remember that some grumbling is normal for students!)?Do you plan to live in this region after graduation? Reputation and Fit What is the schools reputation? Demographics? Who attends the program and what do they do afterward? Information on the program, the faculty members, the graduate students, course offerings, degree requirements, and job placement can sway your decision in attending a school. Make sure you do as much research as possible on the school (you should have done this before you applied also). Questions to consider: What is the reputation of the school?How many students actually graduate and receive a degree?How long does it take to complete the degree?How many students get a job in their field after they graduate?Did the school have any lawsuits or mishaps?What is the programs philosophy?What are the research interests of professors? Is there a professor who shares your interests?Are the professors with whom you want to work available to advise? (You should have more than one professor that your interested in having as an advisor in case one is not available.)Can you see yourself working with this professor?What is the reputation of the faculty members? Are they well known in their field?Does the professor have any research grants or awards?How accessible are faculty members?What are the rules and regulations of the school, the program, and the faculty?Does the program fit your research interests?What is the curriculum of the program? What are the degree requirements? Only you can make the final decision. Consider the pros and cons and determine if the benefits outweigh the costs. Discuss your options with an advisor, counselor, faculty member, friends, or family members. The best fit is a school that can provide you with a good financial package, a program that is tailored to your goals, and a school that has a comfortable atmosphere. Your decision should be based ultimately on what you are looking to gain out of graduate school. Finally, recognize that no fit will be ideal. Decide what you can and cannot live with -- and go from there.
Tuesday, May 12, 2020
If youve been asked to give a wedding toast, chances are youre taking yourÃ role seriously. Perhaps too seriously! Often, the best wedding toasts start with a joke, even if they wind up with a sincere wish for the couples future happiness. Why Give a Funny Wedding Toast? WeddingsÃ bring up complicated emotions. For the bride and groom, theres joy along with (in many cases) tremendous anxiety. Sometimes the anxiety is related to the very idea of a permanent commitment; other times its related to aspects of the wedding itself. Will the caterer show up? Will my divorced parentsÃ get into a fight? Will Aunt Jane get drunk and fall into the wedding cake? Similarly, complex emotions come up for parents who are both thrilled and saddened as their child steps into a new role and a new stage of life. Siblings may be delighted, jealous, or even angry about some aspect of the wedding. Best friends may feel left behind. Humor is almost always the best way to break the ice, lower anxiety, and just have fun at a wedding. If youve been asked to give aÃ wedding toast, chances are you have a close relationship with either the bride, the groom, or both. That means you know which kinds of humor are likely to get a big laugh, and which wont. Funny Wedding Quotes to Choose From Not all of these famous quotes will be right for you, but youll almost certainly find one or two that connect with your particular wedding party! Henny YoungmanThe secret of a happy marriage remains a secret. John MiltonBiochemically, love is just like eating large amounts of chocolate. Henry KissingerNobody will ever win the battle of the sexes. ThereÃâ¬s too much fraternizing with the enemy. Cathy CarlyleLove is an electric blanket with somebody else in control of the switch.Ã¢â¬â¹ SocratesBy all means, marry; if you get a good wife, youll be happy. If you get a bad one, youll become a philosopher. Rita RudnerI love being married. Its so great to find that one special person you want to annoy for the rest of your life. Mickey RooneyAlways get married early in the morning. That way, if it doesnt work out, you havent wasted a whole day. Henny YoungmanI take my wife everywhere I go. She always finds her way back. Ralph Waldo EmersonA mans wife has more power over him than the state has. Honore de BalzacThe majority of husbands remind me of an orangutan trying to play the violin. Anne Bancroft The best way to get most husbands to do something is to suggest that perhaps theyre too old to do it. Erma Bombeck Marriage has no guarantees. If thats what youre looking for, go live with a car battery! Anonymous A good marriage is one where each partner secretly suspects they got the better deal. WinstonÃ Churchill My most brilliant achievement was my ability to persuade my wife to marry me.
Wednesday, May 6, 2020
The Constitution of the United States is based primarily on the ideas of the 17th Century English philosopher John Locke. Locke thought that everyone had natural rights, which included life, liberty, and property. Locke stated Ã¢â¬Å"the great and chief end, therefore, of menÃ¢â¬ s uniting into commonwealths, and putting themselves under government, is the preservation of propertyÃ¢â¬ (Locke/ McClaughry 3). We will write a custom essay sample on The GovernmentÃ¢â¬ s Taking of Private Property or any similar topic only for you Order Now He thought that if any of these rights were violated that the violator should make restitution. The Takings Clause in the Fifth Amendment of the Constitution states Ã¢â¬Å"Nor shall private property be taken for public use, without just compensation. When the government needs a citizenÃ¢â¬ s private property to build roads or buildings, they compensate the person with money roughly equal to the value of that personÃ¢â¬ s land. The problem of the government taking or restricting a citizenÃ¢â¬ s land arises with regulation of private property. John McClaughry defines regulatory taking Ã¢â¬Å"as a governmental confiscation or destruction of economic rights by regulation, without the physical occupation which would trigger just compensation to the ownerÃ¢â¬ (McClaughry 7). The case of Lucas v. South Carolina Coastal Council is an example of regulatory taking. In the case of Lucas v. South Carolina Coastal Council, Lucas bought two adjacent lots on the coast of the Isle of Palms in South Carolina, only to have the land restricted by the state, which prevented his intended use of the lots. Lucas argued that the stateÃ¢â¬ s restriction of the land constituted taking without just compensation. The South Carolina Court of Common Pleas agreed with Lucas and awarded him $1,232,387. 50. The Supreme Court of South Carolina disagreed with the lower court, and saying that the restrictions were designed to prevent serious public harm so no compensation was necessary, even if it did affect the propertyÃ¢â¬ s value. Lucas appealed to the Supreme Court of the United States. The Supreme Court of the United States decided on Lucas v. South Carolina Coastal Council in June of 1992. This was four years after the Beachfront Management Act, which prohibited construction on LucasÃ¢â¬ lots, was enacted in 1988. An amendment was made to the Act in 1990 that would allow construction in special situations. Lucas could possibly appeal to the Council and receive a permit to build on his lots at the time of the Supreme Court hearings. Lucas argued that the deprivation of use of his land from 1988-1990 amounted to a taking. The Supreme Court decided to grant certiorari. According to Locke, the governmentÃ¢â¬ s purpose is to protect and enforce peopleÃ¢â¬ s natural rights. One of the natural rights, according to Locke, is life. The coastal area of the Isle of Palms that LucasÃ¢â¬ lots were on has been plagued with floods. Justice Blackmun stated that the land was Ã¢â¬Å"under waterÃ¢â¬ from 1957 until 1963. In addition, between 1981 and 1983, Ã¢â¬Å"the Isle of Palms issued twelve emergency orders for sandbagging to protect propertyÃ¢â¬ (Blackmun 2). The state of South Carolina saw LucasÃ¢â¬ property as unsafe. Ã¢â¬Å"Long ago it was recognized that all property in this country is held under the implied obligation that the ownerÃ¢â¬ s use of it shall not be injurious to the community, and the Takings Clause did not transform that principle to one that requires compensations whenever the State asserts its power to enforce itÃ¢â¬ (Keystone Bituminous Coal Ass. 491-492). The stateÃ¢â¬ s prevention of building on the site in question would not only foreseeably save the beach from erosion,! insurance and federal aid money, but possibly lives. The Supreme Court ruled in this case that when all value has been taken from property that the owner must receive compensation for it. The question still stands as to whether the state caused the land to become valueless by restricting the building upon it. Justice Blackmun argued, Ã¢â¬Å"Ã¢â¬ ¦ yet the trial court, apparently believing that Ã¢â¬Ëless valueÃ¢â¬ and Ã¢â¬ËvaluelessÃ¢â¬ could be used interchangeably, found the property Ã¢â¬ËvaluelessÃ¢â¬ Ã¢â¬ (Blackmun 5). He goes on to propose that the land still held value because Lucas could enjoy it in other ways, such as camping, swimming, picnicking, or placing a mobile home on it. The value of the property often lies in the eye of the beholder. In Colorado, a piece of legislation is being proposed that might become a model for other states where property rights are concerned. The Private Property Protection Act would allow Ã¢â¬Å"a landowner to seek compensation when a regulation takes away more than fifty percent of the landÃ¢â¬ s valueÃ¢â¬ (McClaughry 4). This act hopes Ã¢â¬ to establish a standard for the most serious regulatory takings and to afford a method of relief for a landowner whose rights have been takenÃ¢â¬ according to McClaughry (McClaughry 8). In 1997, Senator Hatch (R-UT) introduced a piece of legislation called the CitizenÃ¢â¬ s Access to Justice Act. This Act would Ã¢â¬Å"reduce delay and expense of litigation by clearly defining when a property ownerÃ¢â¬ s claim is ripeÃ¢â¬ for adjudication (Annett 2). This piece of legislation would help speed the process that is so costly for property owners. The Private Property Rights Implementation Act was passed in October of 1997. This Act helps owners pass their first hurdle by allowing them to have the merits of their case heard in federal court. The Tucker Act Shuffle Relief Act, also passed in October of 1997, helps citizens pass the second hurdle by Ã¢â¬Å"resolving the jurisdictional question for federal courtsÃ¢â¬ (Annett 3). Even though the Supreme CourtÃ¢â¬ s ruling in Lucas looked promising for property rights advocates, it turned out not to be such a big win after all. Justice Scalia limited the application of the ruling to total takings, excluding partial takings. The distinction between total and partial takings Ã¢â¬Å"is arbitrary and inconsistent with the purposes of the Takings ClauseÃ¢â¬ (Butler 3). It is possible that one landowner could lose more money on a piece of property that is only partially taken and not receive compensation for it, when another landowner could be compensated for a piece of land that is not wholly worth as much as the other ownerÃ¢â¬ s partial piece. The Supreme CourtÃ¢â¬ s partial versus total taking has made a big impact upon lower court judges however. The lower courts are using the decision as a standard by which to judge regulatory property rights cases across the board. Many defendants are attempting to use the ruling, to fight prohibited construction on their land, where it is not applicable. Defendants Ã¢â¬Å"cannot claim their land is valueless simply because they might have developed it in the futureÃ¢â¬ (Butler 5). The other relevant part of the Lucas decision is that Ã¢â¬Å"if the activity was previously permitted under relevant property and nuisance principles, then the prohibition of the activity would be a total regulatory taking that must be compensatedÃ¢â¬ (Butler 6). Justice Blackmun ponders whether the government is going to be able to continue if it must weigh the possibility of compensation when making laws outlawing serious dangers to society. However, if all economically beneficial uses are not destroyed by the regulation, then it does not matter whether or not the activity was previously permitted. Another case of regulatory property taking that is still on the state level is the expansion of the Minneapolis-St. Paul Regional Airport. With the expansion of the airport, increased air traffic would be flying over the nearby Minnesota Valley National Wildlife Refuge. In compensation for the affects on the habitat, Ã¢â¬Å"Ã¢â¬ ¦ the Fish and Wildlife Service is going to be paid over $20 millionÃ¢â¬ (Young 1). However, the money is going to come from fees and charges placed on people using the airport. When someone from the private sector causes detriment to federal lands they must compensate the government for the lost lands. The end of Lucas v. South Carolina Coastal Council remains to be told. The South Carolina Supreme Court ordered the state of South Carolina to purchase the two lots in question from David Lucas. The state then put the two lots on the market as residential sites. Perhaps the Ã¢â¬Å"courts should look beyond the public-interest rhetoric and examine the validity of the alleged public purposeÃ¢â¬ (Butler 7). This is the other side of regulatory takings. If the states are required to pay property owners millions of dollars for the land in question, are they going to be able to uphold the Acts and legislation that got them there? LockeÃ¢â¬ s natural rights seem to conflict over the regulatory taking of private property. The natural right to life appears to have precedent over the natural right to property according to the governmentÃ¢â¬ s actions in dealing with regulatory takings. The government says that the taking of the land is in the best interest of society, but rights of the individu! al are being overlooked. When the taking is free to the government, it appears to be a good plan of action for them. When the government must pay for their land, they weigh the pros and cons of their decisions a little more heavily. The Lucas case is full of precedents, good and bad, for both sides of the issue of regulatory takings. How to cite The GovernmentÃ¢â¬ s Taking of Private Property, Essay examples
Sunday, May 3, 2020
The key provisions relating to good faith bargaining obligations under FWA 2009- Section 228(1) mandate bargaining representatives for enterprise agreement to meet the under-listed requirements in order to ascertain that bargaining are done in good faith. * Attend and participate in meetings at reasonable times * Disclose relevant information but not confidential or commercially sensitive information in a timely manner. * Give genuine consideration to the proposals made by other bargaining representatives, and give reason to the responses made to those proposals. Recognize and bargain with the other bargaining representatives * Refrain from unfair conduct that undermines freedom of association or collective bargaining * Respond to proposals made by other bargaining representatives in a timely manner However, Section 228(2) says that, good faith bargaining requirements do not require a bargaining representative to make concessions during bargaining for the agreement and also to reach agreement on the terms that are to be included in the agreement. The good faith bargaining obligations are given force by ability of the bargaining representative to apply to FWA under Section 229 for bargaining order, in situations where another bargaining representative has not met any of the good faith bargaining requirements of section 228(1). The Good Faith Bargaining obligation will take effect as soon as an employer initiates negotiations for an enterprise agreement, or more likely agree to the unionÃ¢â¬â¢s request to begin bargaining or when a majority support determination or a low paid authorization is made by FWA. That is, bargaining begins when an employer agrees to bargain for an enterprise agreement with its employees. In a situation where majority of the employees support the making of an agreement, bargaining representative can apply to Fair Work Australia for a determination mandating the employer to bargain. The determination will be approved where it is glaring employees want to bargain, those that constitute majority voters have been fairly chosen, but the employer refused to bargain. Employees and Unions are allowed under Australia law to take a protected industrial action in support of their claims in enterprise agreement negotiations and employer may engage in retaliatory lockout (Crystal 2009, pp. 23). However, several routine and substantive requirements must be met before such industrial action is taken and the party seeking to take it has been really trying to reach agreement with the other part, although, they are legally separated but are related requirement to the GFB obligations. While FWA has indicated that the right of employees to take industrial action and employerÃ¢â¬â¢s right to retaliatory lockout should not be conflated in practice, similar consideration arise when FWA is determining whether a negotiating party has been genuinely trying to reach agreement and whether a party is bargaining in good faith (Smith 2009). NIGERIA COLLECTIVE BARGAINING In the same vein, ratification of ILO Convention No. 98 of 1949 on the Right to Organize and Collective Bargaining has given workers the right to join or form trade unions in Nigeria. Nigeria is known for the use of collective bargaining in her enterprise agreement. The provision for collective bargaining was made under the Labor Act Cap 198 of the Federation Laws in 1990. The term Ã¢â¬Å"Collective bargainingÃ¢â¬ was defined by Nigeria Labor Act, as the process of arriving or attempting to arrive at a collective agreement, while collective agreement is term to be written agreement regarding working conditions and terms of employment agreed upon between a union of workers or an organization representing workers and an organization of employers. The end result of this exercise is that both parties will unanimously agree on certain employmentÃ¢â¬â¢s terms and conditions. When bargaining is done in good faith, itÃ¢â¬â¢s eventually leads to agreement between employer and employees which often result to social order in their relationship (Erugo 1998, p. 33). Nigeria Labor Congress (NLC) is the most prominent labor union in Nigeria that often educates, defend and advance the political, economic, social and cultural rights of Nigerian employees. The functions of collective bargaining includes the provision for peaceful settlement of grievances and disputes arising from interpretation of collective agreement, or areas that are not included in the agreement, itÃ¢â¬â¢s also to establish industrial jurisprudence and to win concessions from the employer by collective action (Fashoyin 1992). However, to collectively bargain in Nigeria context requires the preparation of comprehensive statement of demands put forward by the union representing workers for the consideration of the employer. Following by the negotiation process where union and the employersÃ¢â¬â¢ association finally meet on the appointed date and venue for negotiation. In the national context, the meeting is usually chaired by employersÃ¢â¬â¢ group with the unionÃ¢â¬â¢s President as his vice chairman. The employer do prepare their own positions and counter proposals for each of the unionÃ¢â¬â¢s demand. For each position taken reasons are site as evidence. Results are normally unpredictable because decisions are only arrived at when there is unanimous agreement between employees and employer. Collective bargaining practices in Nigeria ranges from; national, state, enterprise and industrial collective bargaining, but the most practice one in the country is the industrial bargaining which is concerned with negotiation and agreement in the industries. Collective bargaining is an acknowledged mechanism for determining wage levels and workÃ¢â¬â¢s conditions in Nigeria, the often assumption of trade union in determining collective bargaining outcome makes it to be in a state of instability. EVALUATION OF NIGERIA AND AUSTRALIA BARGAINING SYSTEMS Despite the right to organize to bargain collectively in Nigeria, employees are not fully availed with this right, as unionism and collective bargaining are disallowed in several jurisdictions based on the perception that unrestricted unionism may threaten the internal security of the state (Adams 2008, 165-172) . ItÃ¢â¬â¢s also evident that private sectors in Nigeria have taken over the public sector with wage superiority and low involvement of their workers in trade union movement. While the multinational corporations also dominate NigeriaÃ¢â¬â¢s private sectors and they are known for anti-union activities by not tolerating trade unionism and collective bargaining since the inception of trade union in Nigeria (Okafor and Bode 2005). Nigeria government often take care the duty of tax wage fixation instead of allowing collective bargaining to play this role, this contributes to the inactive states of collective bargaining in the country. However, the situation of compelling all wages agreement to be registered with the Ministry of Labor who decides the effectiveness of the agreement shows a level of restriction in NigeriaÃ¢â¬â¢s collective bargaining. Most Nigerian states intervene in collective bargaining especially when they provide the job and source of finances, for example, government regulates the commercial and physical environment of higher institutions by formulating educational policies, provides services and stipulates conditions of service for staff. This often results to crisis in industrial relations as itÃ¢â¬â¢s perceived to be an attempt by government to compelled labor to take to its directives, instead of allowing collective bargaining to take its course (Ekpenyong 1989). However, several studies had shown that workers are often maltreated as employers deny their employees the right to unionize. The prevention of most employees in the banking industries by their employers to join workers union is a typical example of the major setback confronting collective bargaining in Nigeria (Adewumi 2008). The setbacks in Nigeria system is however different from that of Australia good faith bargaining which gives room for bargaining of wages and work condition to take place between employer and employees or trade union, but must not negotiate for anything below the standard stipulated in the National Employment Standard( NES). Obligation to disclose information relevant to collective bargaining widely creates a significant problems for Australia workers due to the fact that the Fair Work Act fail to give a proper definition of the kind of information to be provided , nor what is meant by confidential or commercially sensitive information that may be withhold. The decision of Whelan C in AFMEPKIU V H Heinz Co Australia Ltd  FWA 322 was the first to indicate that strict limits on direct dealing will not form part of AustraliaÃ¢â¬â¢s Good Faith Bargaining laws. Sequel, there is nothing to prevent either the union or the company from canvassing the views of employees on shift hour. Widespread communication is must be encouraged, not regulated or monopolized because communication with staff is a good management practice. Employers in Australia can make out a business case for re-organizing its operations; they can implement a restructure while agreement negotiations are in existence and not be in breach of the GFB obligations under the Fair Work Act. Direct dealing and communication with employees is another area of advantage to Australia bargaining system. Drake SDPÃ¢â¬â¢s recommendation in AFMEPKIU Vs Transfield Astralia Pty Ltd.  FWA 93 states that, Transfield will deal with all officers and delegates of the bargaining agent representatives who are authorized by their organizations to conduct negotiation. This requires that all interaction, communication and correspondence in bargaining be conducted through the parties chosen representatives. This method of bargaining was seen to be partially accurate in Australia because it doesnÃ¢â¬â¢t facilitate good rapport between the employer and the employee. FWA later availed employers the right to communicate directly with employees during bargaining. However, the tribunal has prevented direct dealing in form of unilateral pay increases, progress of negotiations or defend their bargaining position to employees but not discredit the union or undermine it bargaining right (Dannin 2001). Conclusively, Conflict and litigation are hallmarks of the Nigeria system of labor union recognition, with employers engaging in hostile resistance to both union attempts to gain recognition and where the union eventually succeeds to collectively bargaining. Employer tactics during union recognition campaigns in Nigeria include dismissal restricting union access to employees for communication purposes, while the employer conducts captive audiences speeches with employees (Paul 2009). It highlight to employees the possibility of business closures of other adverse consequences if collective bargaining is mandated, and portraying the potentially negative as part of union involvement, e. g. nvasion of employeeÃ¢â¬â¢s privacy, or employees being forced into strikes or picket- line violence, strategic litigation by employers, the ineffectiveness of remedies against unfair labor practices and undue influence from the government on collective bargaining are major hindrances facing Nigeria system. However, the level of opposition by Australia employers against collective bargain cannot be compare to that of Nigeria. Apart from few prominent examples, such as, the 1998 waterfront dispute, where Patrick Corporation sacked his entire workforce, lo cked them out and set up new companies to employ a non- unionized workforce (Steve 1998). Anti-union tactics by employers in Australia is not as pronounced as the consistent disagreement between NLC and Nigeria government due to failure of government representatives to fulfilled promises made in respect of wages and employment conditions in the course of bargaining with the workerÃ¢â¬â¢s union. Australia good faith bargaining is more advantageous in comparison with the Nigeria collective bargaining in the sense that, free hands are given to both employers and employees and their representatives by Australia government to unanimously negotiate in good faith without external influences. Works Cited Adams, Roy J. The Human Right of Police to Organize and Bargain Collecty. Police Practice Research, 2008. Adewumi, Funmi. Globalization, Labour and the challenge of decent work in Nigeria. Ibadan: University of Ibadan, 2008. Crystal, Shae Mc. The Fair Work Act 2009(cth) and The Right to Strike. Australia Journal of Labour Law, 2009: 23. Dannin, Ellen. Good Faith Bargaining: Direct Dealing and Information Request. New York: The US Experience, 2001. Ekpenyong, S. The challenge of change, Human resources management of tertiary institutions. Port Harcourt: Enahoro amp; Arubayi, 1989. Erugo, Sampson I. Introduction to Nigeria Labour Law. Lagos: Mikky Communication, 1998. Fashoyin, T. Industrial Relation in Nigeria. Lagos: Longman Nigeria, 1992. Joe, Isaac, and Macintyre Stuat. The New Province for Law and Order. Cambridge University Press, 2004. Okafor, E. E. , and Okunade A. S Bode. Introduction to Industrial Relation. Ibadan: Mubak Press, 2005. Paul, Secunda. Toward the Viability of State-Based Legislation. Comparative Labour and Police Journal, 2009: 29-2. Riley, Joellen. Bargaining Fair Work Style: Fault in the Australia Model. New Zealand Journal of Employment Relations vol. 37, no. 1 (2012). Roger, Joel. Beyond Exclusive Collective Bargaining. New York: Working USA, 2002. Ronald, McCallum. The Industrial Relation Reform Act. Australian Journal of Labour Law, 1993: 63. Smith, Stephen. Australia Industry Group. Sydney, 2009. Strauss, G. Australia Copied US Emploment Relation Practices. Economic and Labour Relation s Review, 2008. Union, Australia. Union Increase for the first time in 20 years. Workplace Express , 2010.