Search results for: collective agreements
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 874

Search results for: collective agreements

844 Latitudinal Patterns of Pre-industrial Human Cultural Diversity and Societal Complexity

Authors: Xin Chen

Abstract:

Pre-industrial old-world human cultural diversity and societal complexity exhibits remarkable geographic regularities. Along the latitudinal axis from the equator to the arctic, a descending trend of human ethno-cultural diversity is found to be in coincidence with a descending trend of biological diversity. Along the same latitudinal axis, the pre-industrial human societal complexity shows to peak at the intermediate latitude. It is postulated that human cultural diversity and societal complexity are strongly influenced by collective learning, and that collective learning is positively related to human population size, social interactions, and environmental challenges. Under such postulations the relationship between collective learning and important geographical-environmental factors, including climate and biodiversity/bio-productivity is examined. A hypothesis of intermediate bio-productivity is formulated to account for those latitudinal patterns of pre-industrial human societal complexity.

Keywords: cultural diversity, soetal complexity, latitudinal patterns, biodiversity, bio-productivity, collective learning

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843 The Implementation of the European Landscape Convention in Turkey: Opportunities and Constraints

Authors: Tutku Ak, Abdullah Kelkit, Cihad Öztürk

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An increase has been witnessed with the number of multinational environmental agreements in the past decade, particularly in Europe. Success with implementation, however, shows variation. While many countries are willing to join these agreements, they do not always fully honor their obligations to put their commitments into practice. One reason for this is that countries have different legal and administrative systems. One example of an international multilateral environmental agreement is the European Landscape Convention (ELC). ELC expresses a concern to achieve sustainable development based on a balanced and harmonious relationship between social needs, economic activity, and the environment. Member states are required to implement the convention in accordance with their own administrative structure, respecting subsidiarity. In particular, the importance of cooperation in the protection, management, and planning of the resources is expressed through the convention. In this paper, it is intended to give a broad view of ELC’s implementation process in Turkey and what factors have influenced by the process. Under this context, the paper will focus on the objectives of the convention for addressing the issue of the loss of European landscapes, and the justification and tools used to accomplish these objectives. The degree to which these objectives have been implemented in Turkey and the opportunities and constraints that have been faced during this process have been discussed.

Keywords: European landscape convention, implementation, multinational environmental agreements, policy tools

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842 The Importance of Self-Efficacy and Collective Competence Beliefs in Managerial Competence of Sports Managers'

Authors: Şenol Yanar, Sinan Çeli̇kbi̇lek, Mehmet Bayansalduz, Yusuf Can

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Managerial competence defines as the skills that managers in managerial positions have in relation to managerial responsibilities and managerial duties. Today's organizations, which are in a competitive environment, have the desire to work with effective managers in order to be more advantageous position than the other organizations they are competing with. In today's organizations, self-efficacy and collective competence belief that determine managerial competencies of managers to assume managerial responsibility are of special importance. In this framework, the aim of this study is to examine the effects of sports managers' perceptions of self-efficacy and collective competence in managerial competence perceptions. In the study, it has also been analyzed if there is a significant difference between self-efficacy, collective competence and managerial competence levels of sports managers in terms of their gender, age, duty status, year of service and level of education. 248 sports managers, who work at the department of sports service’s central and field organization at least as a chief in the manager position, have been chosen with random sampling method and they have voluntarily participated in the study. In the study, the self-efficacy scale which was developed by Schwarzer, R. & Jerusalem, M. (1995), collective competence scale developed by Goddard, Hoy and Woolfolk-Hoy (2000) and managerial competence scale developed by Cetinkaya (2009) have been used as a data collection tool. The questionnaire form used as a data collection tool in the study includes a personal information form consisting of 5 questions; questioning gender, age, duty status, years of service and level of education. In the study, Pearson Correlation Analysis has been used for defining the correlation among self-efficacy, collective competence belief, and managerial competence levels in sports managers and regression analysis have been used to define the affect of self-efficacy and collective competence belief on the perception of managerial competence. T-test for binary grouping and ANOVA analysis have been used for more than binary groups in order to determine if there is any significant difference in the level of self-efficacy, collective and managerial competence in terms of the participants’ duty status, year of service and level of education. According to the research results, it has been found that there is a positive correlation between sports managers' self-efficacy, collective competence beliefs, and managerial competence levels. According to the results of the regression analysis, it is understood that the managers’ perception of self-efficacy and collective competence belief significantly defines the perception of managerial competence. Also, the results show that there is no significant difference in self-efficacy, collective competence, and level of managerial competence of sports managers in terms of duty status, year of service and level of education.

Keywords: sports manager, self-efficacy, collective competence, managerial competence

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841 The South Looking East: The New Geopolitics of Latin America

Authors: Heike Pintor Pirzkall

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The positive economic evolution of many countries in the Latin American Continent, mainly in South America, has changed the geopolitical position of the region in the world. It is no longer the Hinterland or backyard of the United States, now it has become the Heartland for Europe and Asia. This position has favored the interest of countries like China or India, who are combining trade agreements with special assistance and aid agreements in many fields like agriculture, alternative energy resources, defense and mining. As many countries in the region are no longer low income countries, a more equal relationship in development aid has been created were the donor and the recipient have become partners and where new actors intervene in a triangular relationship that promotes new alternative aid structures. Triangular co-operation brings together the best of different actors who are providers of development co-operation, partners in SouthSouth co-operation and international organizations. The objective is to share knowledge and implement projects that support the common goal of reducing poverty and promoting development. The intention of this paper is to explain the reasons for Latin America´s “virage” to the east and to give examples of projects and agreements between Latin American countries, China and India which will help to understand the intensification of south-east relations in recent years.

Keywords: development cooperation, China, Latin America, triangular cooperation, natural resources, partnership

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840 Comparing Performance of Irrigation System in Nepal by Collective Action and Decision-Making Capacity of the Farmers

Authors: Manita Ale, Ganesh P. Shivakoti, Ram C. Bastakoti

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Irrigation system, a system for enhancing agricultural productivity, requires regular maintenance in order to avoid irregular allocation of water. For maintenance of the system in long run, farmers’ participation plays a key role increasing the performance of system. The performance of any irrigation system mainly relies on various factors which affect collective action plus decision making, as well as their shared impacts. The paper consists of system level information that were collected from 12 Irrigation Systems (IS) from three-sampled districts of Nepal and the household information that were collected from 160 irrigation water users. The results reveal that, out of 12 sampled irrigation systems, only 4 systems shows high performance levels. The high performance level of those systems was characterized on the basis of adequate availability of water, good maintenance of system infrastructure, and conformance to existing rules followed. In addition, the paper compares different irrigation systems based on trust, reciprocity, cropping intensity, command area and yield as tools to indicate the importance of collective action in performance of irrigation system.

Keywords: collective action, decision-making, farmers’ participation, performance

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839 The Connection between De Minimis Rule and the Effect on Trade

Authors: Pedro Mario Gonzalez Jimenez

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The novelties introduced by the last Notice on agreements of minor importance tighten the application of the ‘De minimis’ safe harbour in the European Union. However, the undetermined legal concept of effect on trade between the Member States becomes importance at the same time. Therefore, the current analysis that the jurist should carry out in the European Union to determine if an agreement appreciably restrict competition under Article 101 of the Treaty on the Functioning of the European Union is double. Hence, it is necessary to know how to balance the significance in competition and the significance in effect on trade between the Member States. It is a crucial issue due to the negative delimitation of restriction of competition affects the positive one. The methodology of this research is rather simple. Beginning with a historical approach to the ‘De Minimis Rule’, their main problems and uncertainties will be found. So, after the analysis of normative documents and the jurisprudence of the Court of Justice of the European Union some proposals of ‘Lege ferenda’ will be offered. These proposals try to overcome the contradictions and questions that currently exist in the European Union as a consequence of the current legal regime of agreements of minor importance. The main findings of this research are the followings: Firstly, the effect on trade is another way to analyze the importance of an agreement different from the ‘De minimis rule’. In point of fact, this concept is singularly adapted to go through agreements that have as object the prevention, restriction or distortion of competition, as it is observed in the most famous European Union case-law. Thanks to the effect on trade, as long as the proper requirements are met there is no a restriction of competition under article 101 of the Treaty on the Functioning of the European Union, even if the agreement had an anti-competitive object. These requirements are an aggregate market share lower than 5% on any of the relevant markets affected by the agreement and turnover lower than 40 million of Euros. Secondly, as the Notice itself says ‘it is also intended to give guidance to the courts and competition authorities of the Member States in their application of Article 101 of the Treaty, but it has no binding force for them’. This reality makes possible the existence of different statements among the different Member States and a confusing perception of what a restriction of competition is. Ultimately, damage on trade between the Member States could be observed for this reason. The main conclusion is that the significant effect on trade between Member States is irrelevant in agreements that restrict competition because of their effects but crucial in agreements that restrict competition because of their object. Thus, the Member States should propose the incorporation of a similar concept in their legal orders in order to apply the content of the Notice. Otherwise, the significance of the restrictive agreement on competition would not be properly assessed.

Keywords: De minimis rule, effect on trade, minor importance agreements, safe harbour

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838 Jurisdictional Issues in E-Commerce Law after the 'Recast Brussels Regulation'

Authors: Seyedeh Sajedeh Salehi

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The Regulation No. 1215/2012/EC also known as the Brussels I Regulation (Recast) deals with jurisdictional disputes in civil and commercial matters. The main aim of the Recast (as in-line with its predecessor Regulation) is to bring a reform in procuring more simplified and faster circulation of civil and commercial judgments within the EU. Hence it is significant to take a closer look at the function of this regulatory tool. Therefore, the main objective of this paper is to analyze a clear understanding of the post-Recast situation on e-commerce relevant jurisdictional matters. The e-consumer protection and the choice-of-court agreements along with the position of the Court of Justice of the European Union in its decisions within the Recast Regulation will be also taken into consideration throughout this paper.

Keywords: choice-of-court agreements, consumer protection, e-commerce, jurisdiction, Recast Brussels I Regulation

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837 Emotion Expression of the Leader and Collective Efficacy: Pride and Guilt

Authors: Hsiu-Tsu Cho

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Collective efficacy refers to a group’s sense of its capacity to complete a task successfully or to reach objectives. Little effort has been expended on investigating the relationship between the emotion expression of a leader and collective efficacy. In this study, we examined the impact of the different emotions and emotion expression of a group leader on collective efficacy and explored whether the emotion–expressive effects differed under conditions of negative and positive emotions. A total of 240 undergraduate and graduate students recruited using Facebook and posters at a university participated in this research. The participants were separated randomly into 80 groups of four persons consisting of three participants and a confederate. They were randomly assigned to one of five conditions in a 2 (pride vs. guilt) × 2 (emotion expression of group leader vs. no emotion expression of group leader) factorial design and a control condition. Each four-person group was instructed to get the reward in a group competition of solving the five-disk Tower of Hanoi puzzle and making decisions on an investment case. We surveyed the participants by employing the emotional measure revised from previous researchers and collective efficacy questionnaire on a 5-point scale. To induce an emotion of pride (or guilt), the experimenter announced whether the group performance was good enough to have a chance of getting the reward (ranking the top or bottom 20% among all groups) after group task. The leader (confederate) could either express or not express a feeling of pride (or guilt) following the instruction according to the assigned condition. To check manipulation of emotion, we added a control condition under which the experimenter revealed no results regarding group performance in maintaining a neutral emotion. One-way ANOVAs and post hoc pairwise comparisons among the three emotion conditions (pride, guilt, and control condition) involved assigning pride and guilt scores (pride: F(1,75) = 32.41, p < .001; guilt: F(1,75) = 6.75, p < .05). The results indicated that manipulations of emotion were successful. A two-way between-measures ANOVA was conducted to examine the predictions of the main effects of emotion types and emotion expression as well as the interaction effect of these two variables on collective efficacy. The experimental findings suggest that pride did not affect collective efficacy (F(1,60) = 1.90, ns.) more than guilt did and that the group leader did not motivate collective efficacy regardless of whether he or she expressed emotion (F(1,60) = .89, ns.). However, the interaction effect of emotion types and emotion expression was statistically significant (F(1,60) = 4.27, p < .05, ω2 = .066); the effects accounted for 6.6% of the variance. Additional results revealed that, under the pride condition, the leader enhanced group efficacy when expressing emotion, whereas, under the guilt condition, an expression of emotion could reduce collective efficacy. Overall, these findings challenge the assumption that the effect of expression emotion are the same on all emotions and suggest that a leader should be cautious when expressing negative emotions toward a group to avoid reducing group effectiveness.

Keywords: collective efficacy, group leader, emotion expression, pride, guilty

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836 Intergenerational Influences on Automobile Brand Preferences in Pakistan

Authors: Amena Sibghatullah

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The purpose of this study was to examine the existence of Inter-generational Influence (IGI) between two successive generations in the selection of automobile brands. IGI was examined between mother-daughter dyads and father-son dyads. A total sample of 320 respondents (80 fathers and their 80 sons, 80 mothers, and their 80 daughters) from the upper-middle class was selected. Three important findings from this study are; (a) the difference in proportion of agreements Brand-In-Use versus Brand-In-Mind appeared to be statistically significant in the Automobile product category. Thus agreements Brand-In-Use situation between parent and child has more agreements than Brand-In-Mind situation; (b) the difference in proportions between women and men (women means mother-daughter dyad agreement, and men means father-son dyad agreement) is statistically significant in automobile brand preferences. This means that mother-daughter dyad brand preferences, both brand-in-mind and brand-in-use are more significant than that of a father-son dyad, and (c) dominance of the top three brands has been exhibited in automobiles both Brand-In-Use and Brand-In-Mind. These three brands hold more than 57% of auto brand preferences. This means that the three brands occupy distinct and strong positions in the minds of consumers. These results reflect that there is significant evidence of IGI presence between parent and adult child. Marketers of auto brands need to understand this sort of influence on their target consumers.

Keywords: autombile brands, branding, intergenerational influence, preferences

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835 Collective Movement between Two Lego EV3 Mobile Robots

Authors: Luis Fernando Pinedo-Lomeli, Rosa Martha Lopez-Gutierrez, Jose Antonio Michel-Macarty, Cesar Cruz-Hernandez, Liliana Cardoza-Avendaño, Humberto Cruz-Hernandez

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Robots are working in industry and services performing repetitive or dangerous tasks, however, when flexible movement capabilities and complex tasks are required, the use of many robots is needed. Also, productivity can be improved by reducing times to perform tasks. In the last years, a lot of effort has been invested in research and development of collective control of mobile robots. This interest is justified as there are many advantages when two or more robots are collaborating in a particular task. Some examples are: cleaning toxic waste, transportation and manipulation of objects, exploration, and surveillance, search and rescue. In this work a study of collective movements of mobile robots is presented. A solution of collisions avoidance is developed. This solution is levered on a communication implementation that allows coordinate movements in different paths were avoiding obstacles.

Keywords: synchronization, communication, robots, legos

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834 The Portuguese Legal Instruments to Combat the Improper Use of the Contract Service

Authors: Ana Lambelho

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Nowadays is very common that an activity may be performed independently or dependently. In Portugal, the Labour Law exclusively protects the dependent labour relations. The independent work is regulated by civil law, where the autonomy of the will is the main principle. For companies is more advantageous to hire people under a service agreement since, in that case, the relation is not submitted to the limits established in Labour law and collective bargaining. This practice has nothing wrong, if the performance of work is, in fact, made autonomously. The problem is the increased frequency of the celebration of service agreements to hide a legal relation of subordination. Aware of this and regarding the huge difficulty to demonstrate the existence of subordinated work (that often runs against the employee), the Portuguese legislator devoted some legislative rules in order to facilitate the evidence of legal subordination and, on the other hand, to avoid the misuse of the provision of service agreements. This study focuses precisely on the analysis of this solution, namely the so-called presumption of ‘laboralidade’ and on the lawsuit to recognize the existence of a labour contract. The presumption of the existence of a labour contract is present in the Portuguese legal system since 2003, and received, with the 2009 Labour Code, a new redaction that, according to the doctrine and the jurisprudence, finally approached it to a legal presumption, with the consequent reversal of the burden of proof and, in consequence, made easier to proof the legal subordination, because the employee will just have to plead and prove the existence of two of the elements described in the law to use this presumption. Another change in the Portuguese legal framework is related with the competencies of the Authority for Working Conditions (AWC): now, if during an inspection, the Authority finds a situation that seems to be an undeclared employment situation, it may access the company and, if it does not regularize voluntarily the situation, AWC has a duty to communicate to the public prosecutor, who will begin the lawsuit for the recognition of the existence of an employment contract. To defend the public interest, the action to recognize the existence of an employment contract will follow its terms, even against the employee will. Although the existence of these mechanisms does not solve by itself the problem of evasion of labour law and false ‘green receipts’, it is undeniable that it is an important step in combating fraud in this field.

Keywords: independent work, labour contract, Portugal, service agreement

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833 Representation of Master–Disciple Relationship in Rumi’s Poems: Spirituality Vis-A-Vis Collective Consciousness

Authors: Nodi Islam

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This paper critically reads Rumi’s poems in The Masnavi (Book One) and the philosophy of master-disciple relationship, as reflected as a medium to attain the higher consciousness in the poems which is considered as spiritual by the Sufi practitioners. This paper further applies the concept of collective consciousness introduced by Durkheim, which stands for a set of beliefs, ideas, moral attitudes that operate as a unifying force in a certain society, in reading Rumi’s poems. According to Sufi philosophy, in order to reach to the beloved who is the Higher Being, a lover has to be a disciple of a master and dedicate himself completely even if it means to give up the earthly desires. When the process is completed, he achieves the divinity which is the utmost happiness to be one with the beloved. As this process is considered spiritual by the Sufi practitioners, this paper suggests that, apart from being spiritual, this is a reflection of collective consciousness also. This process plays a part to construct the collectivity as a means to create masters and disciples. Collective consciousness operates in this particular belief system of Sufis who tend to follow this phenomenon as a rule of obedience and accepts the rule because this is how their particular community proceeds on. This paper offers a view of Rumi’s poems which reflect such relationship and tends to offer a general discussion on the hegemonic approach of the Sufi society especially of the Mevlevi order. Finally, this paper offers a constructive representation of Mevlevi society based upon the idea of spirituality which could be an outcome of psychological and social issues and practices.

Keywords: collective consciousness, divinity, master-disciple relationship, Mevlevi order

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832 An Exemption for Vertical Restraint Regarding Intellectual Property Licensing: Case Study of Thailand

Authors: Sanpetchuda Krutkrua, Suphawatchara Malanond

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Throughout the history of Antitrust regimes in Thailand, Thailand has been trying to prevent collusive practices in the market through the amendments of the Trade Competition Act, and Thailand just passed the current Trade Competition Act of B.E. 2560 in 2017 of which several aspects of the law were amended in order to enhance the prevention of collusive outcome through both vertical trade restraints and horizontal trade restraints. An agreement is vertical when it involves arrangements that are in a complementary relationship. In Section 55 of the Act, any agreements to reduce the price, quantity, or quality of the goods, agreements to assign a sole retailer for the goods, and the agreement to impose conditions on the retailers are not allowed. However, Section 56 provides exemptions for the vertical relationship between the business operators, the franchise agreement, and the licensing agreement as long as such agreements do not surpass the necessity to do so, create monopolization, or affect the consumers in terms of price, quality, quantity, or options. The paper aims to explore the extent of the exemption under Section 56 and sequential regulations in terms of the vertical trade restraints regarding intellectual property licensing, and, at the same time, compare with the exemptions under the European Union competition law, and Singapore competition law. Comparative legal analysis with leading jurisdiction will illustrate the application of the newly enacted Thai Competition Act in terms of its enforcement in the global impact of IP rights, which, by nature are de jure or de facto international protection.

Keywords: antitrust, competition law, vertical restraint, intellectual property, IP licensing

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831 The Regionalism Paradox in the Fight against Human Trafficking: Indonesia and the Limits of Regional Cooperation in ASEAN

Authors: Nur Iman Subono, Meidi Kosandi

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This paper examines the role of regional cooperation in the Association of Southeast Asian Nations (ASEAN) in the fight against human trafficking for Indonesia. Many among scholars suggest that regional cooperation is necessary for combating human trafficking for its transnational and organized character as a crime against humanity. ASEAN members have been collectively active in responding transnational security issues with series of talks and collaboration agreement since early 2000s. Lately in 2015, ASEAN agreed on ASEAN Convention against Trafficking in Persons, particularly Women and Children (ACTIP) that requires each member to collaborate in information sharing and providing effective safeguard and protection of victims. Yet, the frequency of human trafficking crime occurrence remains high and tend to increase in Indonesian in 2017-2018. The objective of this paper is to examine the effectiveness and success of ACTIP implementation in the fight against human trafficking in Indonesia. Based on two years of research (2017-2018) in three provinces with the largest number of victims in Indonesia, this paper shows the tendency of persisting crime despite the implementation of regional and national anti-trafficking policies. The research was conducted by archive study, literature study, discourse analysis, and depth interviews with local government officials, police, prosecutors, victims, and traffickers. This paper argues that the relative success of ASEAN in establishing convention at the high-level meetings has not been followed with the success in its implementation in the society. Three main factors have contributed to the ineffectiveness of the agreements, i.e. (1) ASEAN institutional arrangement as a collection of sovereign states instead of supranational organization with binding authority; (2) the lack of commitment of ASEAN sovereign member-states to the agreements; and (3) the complexity and variety of the nature of the crime in each member-state. In effect, these factors have contributed to generating the regionalism paradox in ASEAN where states tend to revert to national policies instead of seeking regional collective solution.

Keywords: human trafficking, transnational security, regionalism, anti trafficking policy

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830 From Government-Led to Collective Action: A Case Study of the Transformation of Urban Renewal Governance in Nanjing, China

Authors: Hanjun Hu, Jinxiang Zhang

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With the decline of "growthism", China's urbanization process has shifted from the stage of spatial expansion to the stage of optimization of built-up spaces, and urban renewal has gradually become a new wave of China's urban movement in recent years. The ongoing urban renewal movement in China not only needs to generate new motivation for urban development but also solve the backlog of social problems caused by rapid urbanization, which provides an opportunity for the transformation of China's urban governance model. Unlike previous approaches that focused on physical space and functional renewal, such as urban reconstruction, redevelopment, and reuse, the key challenge of urban renewal in the post-growth era lies in coordinating the complex interest relationships between multiple stakeholders. The traditional theoretical frameworks that focus on the structural relations between social groups are insufficient to explain the behavior logic and mutual cooperation mechanism of various groups and individuals in the current urban renewal practices. Therefore, based on the long-term tracking of the urban renewal practices in the Old City of Nanjing (OCN), this paper introduces the "collective action" theory to deeply analyze changes in the urban renewal governance model in OCN and tries to summarize the governance strategies that promote the formation of collective action within recent practices from a micro-scale. The study found that the practice in OCN experienced three different stages "government-led", "growth coalition" and "asymmetric game". With the transformation of government governance concepts, the rise of residents' consciousness of rights, and the wider participation of social organizations in recent years, the urban renewal in OCN is entering a new stage of "collective renewal action". Through the establishment of the renewal organization model, incentive policies, and dynamic negotiation mechanism, urban renewal in OCN not only achieves a relative balance between individual interests and collective interests but also makes the willingness of residents the dominant factor in formulating urban renewal policies. However, the presentation of "collective renewal action" in OCN is still mainly based on typical cases. Although the government is no longer the dominant role, a large number of resident-led collective actions have not yet emerged, which puts forward new research needs for a sustainable governance policy innovation in this action.

Keywords: urban renewal, collective action theory, governance, cooperation mechanism, China

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829 The International Labor Organization and the Formulation of International Labor Standards

Authors: Tahraoui Boualem

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The International Labor Organization is one of the specialized agencies of the United Nations, and it is the only organization within the United Nations system that is distinguished by its tripartite legitimacy and which simultaneously includes governments, workers' and employers' organizations of its member states in a joint effort to set standards and policies Work to promote decent work in various parts of the world, and the expression of international labor standards basically means two types of documents, namely international labor agreements and international labor recommendations, and so far its general conference, which is held annually, has set a number of standards, the number of which has reached 184 agreements and 192 recommendations so far. For this reason, it is decided to clarify the International Labor Organization and the formulation of international labor standards within two sections. In the first topic, the researcher discusses the concept of the International Labor Organization, and in the second topic, it highlights the legal basis for the authority of the International Labor Organization in protecting the rights of workers.

Keywords: international labor, international labor standards, rights of workers, nation’s system

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828 Nudging the Criminal Justice System into Listening to Crime Victims in Plea Agreements

Authors: Dana Pugach, Michal Tamir

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Most criminal cases end with a plea agreement, an issue whose many aspects have been discussed extensively in legal literature. One important feature, however, has gained little notice, and that is crime victims’ place in plea agreements following the federal Crime Victims Rights Act of 2004. This law has provided victims some meaningful and potentially revolutionary rights, including the right to be heard in the proceeding and a right to appeal against a decision made while ignoring the victim’s rights. While victims’ rights literature has always emphasized the importance of such right, references to this provision in the general literature about plea agreements are sparse, if existing at all. Furthermore, there are a few cases only mentioning this right. This article purports to bridge between these two bodies of legal thinking – the vast literature concerning plea agreements and victims’ rights research– by using behavioral economics. The article will, firstly, trace the possible structural reasons for the failure of this right to be materialized. Relevant incentives of all actors involved will be identified as well as their inherent consequential processes that lead to the victims’ rights malfunction. Secondly, the article will use nudge theory in order to suggest solutions that will enhance incentives for the repeat players in the system (prosecution, judges, defense attorneys) and lead to the strengthening of weaker group’s interests – the crime victims. Behavioral psychology literature recognizes that the framework in which an individual confronts a decision can significantly influence his decision. Richard Thaler and Cass Sunstein developed the idea of ‘choice architecture’ - ‘the context in which people make decisions’ - which can be manipulated to make particular decisions more likely. Choice architectures can be changed by adjusting ‘nudges,’ influential factors that help shape human behavior, without negating their free choice. The nudges require decision makers to make choices instead of providing a familiar default option. In accordance with this theory, we suggest a rule, whereby a judge should inquire the victim’s view prior to accepting the plea. This suggestion leaves the judge’s discretion intact; while at the same time nudges her not to go directly to the default decision, i.e. automatically accepting the plea. Creating nudges that force actors to make choices is particularly significant when an actor intends to deviate from routine behaviors but experiences significant time constraints, as in the case of judges and plea bargains. The article finally recognizes some far reaching possible results of the suggestion. These include meaningful changes to the earlier stages of criminal process even before reaching court, in line with the current criticism of the plea agreements machinery.

Keywords: plea agreements, victims' rights, nudge theory, criminal justice

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827 Leadership Strategies in Social Enterprises through Reverse Accountability: Analysis of Social Control for Pragmatic Organizational Design

Authors: Ananya Rajagopal

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The study is based on an analysis of qualitative data used to analyze the business performance of entrepreneurs in emerging markets based on core variables such as collective leadership in reference to social entrepreneurship and reverse accountability attributes of stakeholders. In-depth interviews were conducted with 25 emerging enterprises within Mexico across five industrial segments. The study has been conducted focusing on five major research questions, which helped in developing the grounded theory related to reverser accountability. The results of the study revealed that the traditional entrepreneurship model based on an individualistic leadership style is being replaced by a collective leadership model. The study focuses on the leadership styles within social enterprises aimed at enhancing managerial capabilities and competencies, stakeholder values, and entrepreneurial growth. The theoretical motivation of this study has been derived from stakeholder theory and agency theory.

Keywords: reverse accountability, social enterprises, collective leadership, grounded theory, social governance

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826 Modeling and Analyzing Controversy in Large-Scale Cyber-Argumentation

Authors: Najla Althuniyan

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Online discussions take place across different platforms. These discussions have the potential to extract crowd wisdom and capture the collective intelligence from a different perspective. However, certain phenomena, such as controversy, often appear in online argumentation that makes the discussion between participants heated. Heated discussions can be used to extract new knowledge. Therefore, detecting the presence of controversy is an essential task to determine if collective intelligence can be extracted from online discussions. This paper uses existing measures for estimating controversy quantitatively in cyber-argumentation. First, it defines controversy in different fields, and then it identifies the attributes of controversy in online discussions. The distributions of user opinions and the distance between opinions are used to calculate the controversial degree of a discussion. Finally, the results from each controversy measure are discussed and analyzed using an empirical study generated by a cyber-argumentation tool. This is an improvement over the existing measurements because it does not require ground-truth data or specific settings and can be adapted to distribution-based or distance-based opinions.

Keywords: online argumentation, controversy, collective intelligence, agreement analysis, collaborative decision-making, fuzzy logic

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825 Postmodern Navy to Transnational Adaptive Navy: Positive Peace with Borderless Institutional Network

Authors: Serkan Tezgel

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Effectively managing threats and power that transcend national boundaries requires a reformulation from the traditional post-modern navy to an adaptive and institutional transnational navy. By analyzing existing soft power concept, post-modern navy, and sea power, this study proposes the transnational navy, founded on the triangle of main attributes of transnational companies, 'Global Competitiveness, Local Responsiveness, Worldwide Learning and Innovation Sharing', a new model which will lead to a positive peace with an institutional network. This transnational model necessitates 'Transnational Navies' to help establish peace with collective and transnational understanding during a transition period 'Reactive Postmodern Navy' has been experiencing. In this regard, it is fairly claimed that a new paradigm shift will revolve around sea power to establish good order at sea with collective and collaborative initiatives and bound to breed new theories and ideas in the forthcoming years. However, there are obstacles to overcome. Postmodern navies, currently shaped by 'Collective Maritime Security' and 'Collective Defense' concepts, can not abandon reactive applications and acts. States deploying postmodern navies to realize their policies on international platforms and seapower structures shaped by the axis of countries’ absolute interests resulted in multipolar alliances and coalitions, but the establishment of the peace. These obstacles can be categorized into three tiers in establishing a unique transnational model navy: Strategic, Organizational and Management challenges. To overcome these obstacles and challenges, postmodern navies should transform into cooperative, collective and independent soft transnational navies with the transnational mentality, global commons, and institutional network. Such an adaptive institution can help the world navigate to a positive peace.

Keywords: postmodern navy, transnational navy, transnational mentality, institutional network

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824 A Two-Week and Six-Month Stability of Cancer Health Literacy Classification Using the CHLT-6

Authors: Levent Dumenci, Laura A. Siminoff

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Health literacy has been shown to predict a variety of health outcomes. Reliable identification of persons with limited cancer health literacy (LCHL) has been proved questionable with existing instruments using an arbitrary cut point along a continuum. The CHLT-6, however, uses a latent mixture modeling approach to identify persons with LCHL. The purpose of this study was to estimate two-week and six-month stability of identifying persons with LCHL using the CHLT-6 with a discrete latent variable approach as the underlying measurement structure. Using a test-retest design, the CHLT-6 was administered to cancer patients with two-week (N=98) and six-month (N=51) intervals. The two-week and six-month latent test-retest agreements were 89% and 88%, respectively. The chance-corrected latent agreements estimated from Dumenci’s latent kappa were 0.62 (95% CI: 0.41 – 0.82) and .47 (95% CI: 0.14 – 0.80) for the two-week and six-month intervals, respectively. High levels of latent test-retest agreement between limited and adequate categories of cancer health literacy construct, coupled with moderate to good levels of change-corrected latent agreements indicated that the CHLT-6 classification of limited versus adequate cancer health literacy is relatively stable over time. In conclusion, the measurement structure underlying the instrument allows for estimating classification errors circumventing limitations due to arbitrary approaches adopted by all other instruments. The CHLT-6 can be used to identify persons with LCHL in oncology clinics and intervention studies to accurately estimate treatment effectiveness.

Keywords: limited cancer health literacy, the CHLT-6, discrete latent variable modeling, latent agreement

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823 The Image of Saddam Hussein and Collective Memory: The Semiotics of Ba'ath Regime's Mural in Iraq (1980-2003)

Authors: Maryam Pirdehghan

Abstract:

During the Ba'ath Party's rule in Iraq, propaganda was utilized to justify and to promote Saddam Hussein's image in the collective memory as the greatest Arab leader. Consequently, urban walls were routinely covered with images of Saddam. Relying on these images, the regime aimed to provide a basis for evoking meanings in the public opinion, which would supposedly strengthen Saddam’s power and reconstruct facts to legitimize his political ideology. Nonetheless, Saddam was not always portrayed with common and explicit elements but in certain periods of his rule, the paintings depicted him in an unusual context, where various historical and contemporary elements were combined in a narrative background. Therefore, an understanding of the implied socio-political references of these elements is required to fully elucidate the impact of these images on forming the memory and collective unconscious of the Iraqi people. To obtain such understanding, one needs to address the following questions: a) How Saddam Hussein is portrayed in mural during his rule? b) What of elements and mythical-historical narratives are found in the paintings? c) Which Saddam's political views were subject to the collective memory through mural? Employing visual semiotics, this study reveals that during Saddam Hussein's regime, the paintings were initially simple portraits but gradually transformed into narrative images, characterized by a complex network of historical, mythical and religious elements. These elements demonstrate the transformation of a secular-nationalist politician into a Muslim ruler who tried to instill three major policies in domestic and international relations i.e. the arabization of Iraq, as well as the propagation of pan-arabism ideology (first period), the implementation of anti-Israel policy (second period) and the implementation of anti-American-British policy (last period).

Keywords: Ba'ath Party, Saddam Hussein, mural, Iraq, propaganda, collective memory

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822 Psychological Functioning of Youth Experiencing Community and Collective Violence in Post-conflict Northern Ireland

Authors: Teresa Rushe, Nicole Devlin, Tara O Neill

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In this study, we sought to examine associations between childhood experiences of community and collective violence and psychological functioning in young people who grew up in post-conflict Northern Ireland. We hypothesized that those who grew up with such experiences would demonstrate internalizing and externalizing difficulties in early adulthood and, furthermore, that these difficulties would be mediated by adverse childhood experiences occurring within the home environment. As part of the Northern Ireland Childhood Adversity Study, we recruited 213 young people aged 18-25 years (108 males) who grew up in the post-conflict society of Northern Ireland using purposive sampling. Participants completed a digital questionnaire to measure adverse childhood experiences as well as aspects of psychological functioning. We employed the Adverse Childhood Experience -International Questionnaire (ACE-IQ¬) adaptation of the original Adverse Childhood Experiences Questionnaire (ACE) as it additionally measured aspects of witnessing community violence (e.g., seeing someone being beaten/killed, fights) and experiences of collective violence (e.g., war, terrorism, police, or gangs’ battles exposure) during the first 18 years of life. 51% of our sample reported experiences of community and/or collective violence (N=108). Compared to young people with no such experiences (N=105), they also reported significantly more adverse experiences indicative of household dysfunction (e.g., family substance misuse, mental illness or domestic violence in the family, incarceration of a family member) but not more experiences of abuse or neglect. As expected, young people who grew up with the community and/or collective violence reported significantly higher anxiety and depression scores and were more likely to engage in acts of deliberate self-harm (internalizing symptoms). They also started drinking and taking drugs at a younger age and were significantly more likely to have been in trouble with the police (externalizing symptoms). When the type of violence exposure was separated by whether the violence was witnessed (community violence) or more directly experienced (collective violence), we found community and collective violence to have similar effects on externalizing symptoms, but for internalizing symptoms, we found evidence of a differential effect. Collective violence was associated with depressive symptoms, whereas witnessing community violence was associated with anxiety-type symptoms and deliberate self-harm. However, when experiences of household dysfunction were entered into the models predicting anxiety, depression, and deliberate self-harm, none of the main effects remained significant. This suggests internalizing type symptoms are mediated by immediate family-level experiences. By contrast, significant community and collective violence effects on externalizing behaviours: younger initiation of alcohol use, younger initiation of drug use, and getting into trouble with the police persisted after controlling for family-level factors and thus are directly associated with growing up with the community and collective violence. Given the cross-sectional nature of our study, we cannot comment on the direction of the effect. However, post-hoc correlational analyses revealed associations between externalising behaviours and personal factors, including greater risk-taking and young age at puberty. The implications of the findings will be discussed in relation to interventions for young people and families living with the community and collective violence.

Keywords: community and collective violence, adverse childhood experiences, youth, psychological wellbeing

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821 Work with Children's Music Group: Important Aspects of Didactic and Artistic Performance

Authors: Eudjen Cinc

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Work with a human voice, especially with a child s voice and cultivating the sound of the choir, presents an area of crucial importance for a conductor. We use the term conductor because it needs to be understood that regardless of whether we have in front of us an amateur or a professional choir, whether they are singers with a wealth of experience or children who are still developing and educating their inner ear so that in the future they could contribute to the development of choir music, the person who stands in front of the group and works with them, needs to have the characteristics of a conductor. Voice formation is a long-term process, without which there is no success in both solo and collective music performance.

Keywords: music group, conductor, collective, performance

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820 Fixing the Identity Gap in Fashion: Magazines' Role in Consumption of Clothes

Authors: Kateryna Pilyarchuk

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A dress has, since times immemorial, been used to communicate the wearer’s identity. When a new trend is born, fashionistas buy it not only with the purpose to beautify themselves, but also to acquire the collective identity. Fashion has become a means of narrating one’s stance and status. Thus, when one spends money on a brand, one pays for some unmaterial components associated with it. This paper will present some ways in which fashion magazines promote consumerism by drawing on women’s craving for collective identity and need to fill in their identity gap by means of a purchase. By applying the method of critical discursive psychology, it will present layers of ideology and positions that become visible in framing of the message in U.S. Harper’s Bazaar. In this context, fashion decisions that are presented to its readers will be critically evaluated from the gender perspective. It will be demonstrated that what is presented as a postfeminist choice in the neoliberal society is still, to a considerable extent, oppressive and driven by the male gaze. As the findings show, the contemporary female identities in fashion are still built on the principles of traditional femininity. Magazines and fashion discourse train women that they should fear being left out of fashion and, by extension, out of the category of the sexually appealing (from the male perspective).

Keywords: collective identity, critical discursive psychology, fashion discourse, identity gap

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819 On Demand Transport: Feasibility Study - Local Needs and Capabilities within the Oran Wilaya

Authors: Nadjet Brahmia

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The evolution of urban forms, the new aspects of mobility, the ways of life and economic models make public transport conventional collective low-performing on the majority of largest Algerian cities, particularly in the west of Algeria. On the other side, the information and communication technologies (ICT) open new eventualities to develop a new mode of transport which brings together both the tenders offered by the public service collective and those of the particular vehicle, suitable for urban requirements, social and environmental. Like the concrete examples made in the international countries in terms of on-demand transport systems (ODT) more particularly in the developed countries, this article has for objective the opportunity analysis to establish a service of ODT at the level of a few towns of Oran Wilaya, such a service will be subsequently spread on the totality of the Wilaya if not on the whole of Algeria. In this context, we show the different existing means of transport in the current network whose aim to illustrate the points of insufficiency accented in the present transport system, then we discuss the solutions that may exhibit a service of ODT to the problem studied all around the transport sector, to carry at the end to highlight the capabilities of ODT replying to the transformation of mobilities, this in the light of well-defined cases.

Keywords: mobility, on-demand transport, public transport collective, transport system

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818 A Collective Intelligence Approach to Safe Artificial General Intelligence

Authors: Craig A. Kaplan

Abstract:

If AGI proves to be a “winner-take-all” scenario where the first company or country to develop AGI dominates, then the first AGI must also be the safest. The safest, and fastest, path to Artificial General Intelligence (AGI) may be to harness the collective intelligence of multiple AI and human agents in an AGI network. This approach has roots in seminal ideas from four of the scientists who founded the field of Artificial Intelligence: Allen Newell, Marvin Minsky, Claude Shannon, and Herbert Simon. Extrapolating key insights from these founders of AI, and combining them with the work of modern researchers, results in a fast and safe path to AGI. The seminal ideas discussed are: 1) Society of Mind (Minsky), 2) Information Theory (Shannon), 3) Problem Solving Theory (Newell & Simon), and 4) Bounded Rationality (Simon). Society of Mind describes a collective intelligence approach that can be used with AI and human agents to create an AGI network. Information theory helps address the critical issue of how an AGI system will increase its intelligence over time. Problem Solving Theory provides a universal framework that AI and human agents can use to communicate efficiently, effectively, and safely. Bounded Rationality helps us better understand not only the capabilities of SuperIntelligent AGI but also how humans can remain relevant in a world where the intelligence of AGI vastly exceeds that of its human creators. Each key idea can be combined with recent work in the fields of Artificial Intelligence, Machine Learning, and Large Language Models to accelerate the development of a working, safe, AGI system.

Keywords: AI Agents, Collective Intelligence, Minsky, Newell, Shannon, Simon, AGI, AGI Safety

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817 A Sociological Investigation on the Population and Public Spaces of Nguyen Cong Tru, a Soviet-Style Collective Housing Complex in Hanoi in Regards to Its New Community-Focused Architectural Design

Authors: Duy Nguyen Do, Bart Julien Dewancker

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Many Soviet-style collective housing complexes (also known as KTT) were built since the 1960s in Hanoi to support the post-war population growth. Those low-rise buildings have created well-knitted, robust communities, so much to the point that in most complexes, all families in one housing block would know each other, occasionally interact and provide supports in need. To understand how the community of collective housing complexes have developed and maintained in order to adapt their advantages into modern housing designs, the study is executed on the site of Nguyen Cong Tru KTT. This is one of the oldest KTT in Hanoi, completed in 1954. The complex also has an unique characteristic that is closely related to its community: the symbiotic relationship with Hom – a flea market that has been co-developing with Nguyen Cong Tru KTT since its beginning. The research consists of three phases: the first phase is a sociological investigation with Nguyen Cong Tru KTT’s current residents and a site survey on the complex’s economic and architectural characteristics. In the second phase, the collected data is analyzed to find out people’s opinions with the KTT’s concerning their satisfaction with the current housing status, floor plan organization, community, the relationship between the KTT’s dedicated public spaces with the flea market and their usage. Simultaneously, the master plan and gathered information regarding current architectural characteristics of the complex are also inspected. On the third phase, the analyses’ results will provide information regarding the issues, positive trends and significant historical features of the complex’s architecture in order to generate suitable proposals for the redesigning project of Nguyen Cong Tru KTT, a design focused on vitalizing modern apartments’ communities.

Keywords: collective house community, collective house public space, community-focused, redesigning Nguyen Cong Tru KTT, sociological investigation

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816 Russia's War Memory: How Tolstoy Uses Homeric Epic to Reconstruct History

Authors: Svetlana Yefimenko

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Situated within the fields of Russian literature, Russian history, and classics, this paper investigates the early writing of Leo Tolstoy in terms of his reception and appropriation of Homeric epic for the purposes of reconstructing early 19th-century Russian history. The epic mode, specifically its Homeric variation, was deployed in Tolstoy’s writing on his military experience in the Crimean War to legitimize a version of historical events which positioned Russian soldiers as the inheritors of ancient Greek heroism. With reference to Tolstoy’s oft-neglected Sevastopol’ Sketches, and the short stories The Raid, The Wood-Felling, and Two Hussars, this paper examines how such narratives pass from communicative memory into collective memory both in the Homeric epics and in Tolstoy’s reworking of them, particularly on the literary effects produced when the distance between communicative and collective memory collapses. Within a song culture, epic song functions as memory, and this paper shows how, by modeling his early work on epic, Tolstoy produced texts which act as memory itself, thereby becoming the authoritative version of Russia’s past in the Crimea, often contradicting historical facts.

Keywords: classical reception, collective memory, Russian history, Russian literature

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815 Collective Bargaining Agreement with Its Related Factors and Employees’ Perceived Productivity: The Case of an Academic Institution in Davao City, Philippines

Authors: Amylyn F. Labasano, M. S. Econ

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The study predicts the impact of collective bargaining agreement and its related factors on employees’ perceived productivity in terms of union-management relation’s climate, income, fringe benefits, and job satisfaction of the employees. It also determines whether there are significant differences in the employees’ perceived productivity based on the demographic characteristics of the respondents. The results revealed that the relationship climate which exists between the union and the management is found to have significant adverse effect on the average unpaid hours spent by employees working within the college. On the other hand, the total monthly wage earnings of employees have negative effect on the average hours an employee spent in bringing his work home while job satisfaction positively influences the overall productivity level of employees. The result further shows significant differences in the productivity level of employees across civil status and current designation.

Keywords: perceived productivity, collective bargaining agreement, union, union-management relations climate, income, fringe benefits, job satisfaction

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