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BADM 2133 UNIT 6
1.
Business Ethics: Cases
and Selected Readings, 7th Ed. Marianne M. Jennings Unit 6 © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
2.
The Parallels in
Safety vs. Financial Books • One set of books is disclosed; the other is not • One reflects real performance; the other does not • Both sets are relevant to determining how the company is doing • If both sets emerge, the public trust will be lost • Two sets is a nonsustainable strategy © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 247
3.
The Parallels in
Safety vs. Financial Books • Company focuses on what’s reported, not what’s real and believes those results • When information becomes public, company will need to address the issue, usually with regulatory oversight • There is always a minefield waiting when there is nondisclosure © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 248
4.
Cintas & Results Pressure:
Probability of an ethical outcome from the Financial Analysts Institute P = f(x) x = amount of money involved © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 249
5.
Cintas and Tension “Since
these events, we’ve been cooperating with OSHA as its inspectors reviewed these incidents – working with inspectors as they studied the washroom equipment, interviewed employees, examined each person’s actions, and reviewed our policies and training records. It’s important to note that much of what the inspectors found was in compliance, reflecting our long-standing commitment to workplace safety.” Company statement released upon settlement of case and agreement to pay 90% of proposed fine of $2.78 million © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 250
6.
Aaron Feuerstein on
Ethics • “In a situation where there is no righteous person, try to be a righteous person.” • “Not all who increase their wealth are wise.” © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 251
7.
Automakers and Wages •
Average for US workers • Toyota • Honda • Hyundai • With benefits (non- Detroit) • With benefits (Detroit) • $28.42 per hour • $26 per hour • $24 per hour • $21 per hour • $44.20 per hour • $73.21 per hour © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 252 Center for Automotive Research
8.
Pensions and Auto
Industry • Ratio of UAW retirees to UAW workers: 3:1 • GM ratio: 4.6 to 1 © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 253
9.
Auto Market Shares ©
2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 254
10.
© 2012 Cengage
Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 255 JCPenney Buyer and Categories of Ethical Breaches • Taking things that don’t belong to you • Personal decadence • Conflicts of interest • False impressions • Interorganizational abuse
11.
© 2012 Cengage
Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 256 JCPenney Buyer: Who Was Affected? • Shareholders of Penney’s • Penney’s customers • Other buyers • Other vendors, suppliers, manufacturer’s reps • Penney’s employees • Locklear’s family(ies?)
12.
Stuff and Conflicts •
Believe in conflicts of interest! • We are influenced by stuff. • Remember the two ways to manage a conflict: – Don’t – Disclose © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 257
13.
Stuff and Peter
Lynch “In asking the Fidelity equity trading desk for occasional help locating tickets, I never intended to do anything inappropriate and I regret having made those requests.” U2 Santana Golf Nutcracker Lion King © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 258
14.
Resistance to Stuff
as a Conflict “He doesn’t deserve to be lumped in with this other crowd. It was only tickets; it wasn’t expensive cases of Bordeaux or trips on jets like these other cases.” “[The Ryder Cup] has some real historical significance to Mr. Lynch because he used to caddy there.” Doug Bailey, spokesperson for Fidelity © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 259
15.
Tone at the
Top “The tone is set at the top. If higher-ups request tickets from a trading desk, it may send a message to the traders that such misconduct is tolerated and could contribute to the breakdown of the compliance culture on the desk.” Walter Ricciardi, SEC deputy director of enforcement on Peter Lynch of Fidelity asking trading desk to get him $15,948 in tickets (U2, Santana, Lion King, and golf tournaments) Kara Scannell, Susanne Craig, and Jennifer Levitz, “’Gifts’ Case Nabs a Star,” Wall Street Journal, March 6, 2008, pp. C1 and C3. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 260
16.
Enforcement is Absolute, Unequivocal,
and Egalitarian “If the janitor had taken the liquor, he would have been fired.” Student’s observation on discussion of tolerance for a manager who “borrowed” three bottles of vodka on a Friday night for her birthday party after work and brought in replacements on Monday morning. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 261
17.
© 2012 Cengage
Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 262 Perks for Doctors from Pharmas • An event called “Why Cook?” in which doctors are given the chance to review drug studies and product information at a restaurant as their meals are being prepared – they can leave as soon as their meals are ready and they are treated to appetizers and drinks as they wait • An event at Christmas tree lots at which doctors can come and review materials and pick up free Christmas trees • Flowers sent to the doctors’ offices on Valentine’s Day with materials attached • Manicures/pedicures as they study materials on new drugs • Free car washes during which they can study materials • Free books with materials enclosed • Free CDs with materials attached • Bottles of wine sent with materials attached • Events at Barnes & Noble where doctors can browse and pick out a book for themselves for free so long as they take along some materials on a new drug
18.
Docs, Pharmas, and
Conflicts • Human nature is human nature: The Pizza Studies – One minute over pizza with salespersons increases their sales to you by 16% – Five minutes over pizza with salespersons increases their sales to you by 52% • There are only two ways to manage a conflict of interest: – Don’t do it – Disclose • The fact that you say, “I would not be influenced by that” is proof of the conflict. It is not a justification for not doing it or not disclosing it. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 263
19.
Avandia and Compensation •
“I have not given any talk to doctors’ groups promoting Avandia.” – Dr. David Capuzzi, member of FDA Advisory Committee that dealt with question of whether to allow Avandia to remain on the market – Avandia is a GlaxoSmithKline product – Dr. Capuzzi had accepted compensation from GlaxoSmith Kline for speeches to doctor’s groups on Glaxo products © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 264
20.
A Quick Look
at Jack Grubman and Stuff Writ Large • The Bargain with Sandy Weill for AT&T help • A follow-up e-mail from Mr. Grubman to Carol Cutler, another New York analyst, connected the dots: I used Sandy to get my kids in the 92nd Street Y pre- school (which is harder than Harvard) and Sandy needed Armstrong’s vote on our board to nuke Reed in showdown. Once the coast was clear for both of us (i.e., Sandy clear victor and my kids confirmed) I went back to my normal self on AT&T. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 265
21.
Facebook, YouTube, and
Privacy “In today’s online world, what our mother told you is true, only more so: people can really judge you by your friends.” “Quotation of the Week,” New York Times, March 21, 2010, p. SB2. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 266
22.
None of Our
Business? Office and company • Harry Stonecipher/Boeing • Dennis Kozlowski/Tyco • Richard Scrushy/ HealthSouth • Mark Hurd/HP Activity • Affair with an employee; e- mails of questionable judgment • Affair; use of company funds for donations and personal expenses • Use of company funds for personal expenses; three marriages; rock band • Improper relationship with vendor; travel expenses © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 267
23.
Impact of Personal
Conduct • Drop in share price (HP) • Perceived higher risk in market place (Boeing) • Loss of leadership credibility with employees • Loss of executive without adequate time for transition and succession planning (HP; Boeing) • Questions about company information and trustworthiness; credibility among stakeholders • Distraction to company efforts and strategy • Possible attention of regulators focused on company (SEC and Welch) © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 268
24.
Randi W Case: Employment
History • Mendota District • Tranquility District • Golden Plains District • Muroc District • Livingstone District • “Sexual remarks”; “sexual situations” • “Panty raid”; “sexual remarks”; “sexual overtures” • “Parent complaints” • “Sexual touching” allegations • “Molested and touched Randi W” © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 269
25.
Confrontation Principles • Determine
the facts • If you don’t know the facts or cannot determine the facts, present the issue to those affected • Always give the opportunity for self-remedy • Don’t fear failure and hassle © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 270
26.
© 2012 Cengage
Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 271 Hopkins and the Evaluation Language “Deft touch” “overly aggressive” “Outstanding professional” “unduly harsh” “strong character, independence, “difficult to work with” integrity” “extremely competent, intelligent” “impatient with staff” “macho” “strong and forthright” “overcompensated for being a woman” “very productive, energetic, creative” “needs to take a course at charm school” “intellectual clarity” “lady using foul language” “stimulating conversationalist” “appealing lady partner candidate” “highly competent” “walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry”
27.
Damage to Prince
William Sound: Spill covered 1,000 square miles 1,000 dead otters 34,400 dead sea birds 151 Bald Eagles Fishing industry Damages Assessed and Costs to Exxon: $2 billion clean-up $50,000 fine - Hazelwood 800 civil suits still pending $287 million to 180,000 fishers (settlement) $1.5 billion for damages to wildlife $1.15 billion fine (criminal case by U.S. and Alaska) $900,000,000 (civil case by U.S. and Alaska) $9.7 million for damages to Native American land $20 million to native Alaskans for damages to their villages $4.5 billion punitive damage (after lengthy litigation) © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 272 Exxon and Valdez
28.
BP Texas City
Refinery Issues • 15 deaths; 170 workers injured • 4,000 suits totaling $2.1 billion in damages • OSHA found 271 safety violations at the plant prior to the explosion (unaddressed) • After the explosion, OSHA found 439 “willful and egregious violations” • $87 million OSHA fine (4X the last largest fine) • $50 million fine to EPA • Maintenance budget cut each year © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 273
29.
Findings on BP
Atlantis Problems: Consultant’s Report • “Put off repairing the pump in the context of a tight cost budget.” • “Leadership did not clearly question the safety impact of the delay in repair.” • Employee safety officer: “You only ever got questioned on why you couldn’t spend less.” © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 274
30.
BP Headlines • “BP
Crew Focused on Costs,” Wall Street Journal, June 15, 2010, p. A1. • “Unusual Decisions Set Stage for BP Disaster,” Wall Street Journal, May 27, 2010, p. A1. • “Oil Execs: BP Didn’t Meet Standards,” USA Today, June 16, 2010, p. 1B. • “Members of Past Disaster Panels See Recurring Pattern,” Wall Street Journal, June 16, 2010, p. A4. • “The Five Shortcuts That Prioritized Time and Money Over Safety,” Wall Street Journal, June 16, 2010, p. A4. • “BP Chose Riskier of Two Options for Well Casing,” Wall Street Journal, May 27, 2010, p. A1. • “Safety and Cost Drives Clashed As CEO Hayward Remade BP,” Wall Street Journal, June 30, 2010, p. A1. • “BP Relied on Cheaper Wells,” Wall Street Journal, June 19-20, 2010, p. A1. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 275