Friday, February 14, 2014

Toyota: Acceleration Concerns (2014)

Controversy
Toyota Motor Corp. logo
Toyota Motor Corporation is nearing settlement of a $1 billion fine to close out a 4-year federal investigation related to issues of uncontrolled acceleration of its vehicles reportedly responsible for hundreds of cases of accidents as well as numerous crashes which resulted in death.  In October, 2013, Toyota lost a lawsuit which claimed a defective accelerator in a 2005 Camry caused the death of the driver and passenger, resulting in a $3 million payout to the estates of the two women.  Toyota stands strong in its claim that there was nothing wrong with the 2005 Camry driven by 76 year old Jean Bookout.
Reports by the NHTSA show a 400% increase in complaints related to the sudden acceleration after Toyota started equipping vehicles with its ETCS-i system.  Brett Smith, co-director of manufacturing, engineering and technology at the Center for Automotive Research stated that he is unaware of any conclusive study which links electronics as a cause for sudden acceleration in cars.  The National Highway Traffic Safety Administration ended its investigation in 2011 after NASA failed to find any electronic causes of unintended acceleration during a 10-month analysis.  Yet, there are still multiple class action lawsuits against Toyota pending and widespread belief of the acceleration issues.  The lawsuits claim that Toyota violated warranty laws and consumer protection laws, among others.  According to the NHTSA, Toyota acceleration problems go back to 2002. 
'99-'09 NHTSA unintended acceleration
complaint per 100,000 vehicles
In 2002, they had about 10 percent of the U.S. auto market and they had about 19 percent of the complaints on acceleration. Vehicle recalls are either mandated by the NHTSA or voluntarily recalled by the manufacturer. Between 2009 and 2010, Toyota recalled roughly 8.5 million vehicles internationally. The NHTSA determined that Toyota was well aware of the safety defect for at least 4 months prior to reporting the problem and fined the company $16.375 million for failure to report the defect. Toyota has recalled vehicles for sudden acceleration blaming the floor mat location, and later the pedal itself but disputed any flaws in the electronic throttle. In fact, Toyota has actually won 3 lawsuits against unintended-acceleration claims. Toyota President Akio Toyoda states that he wants to focus on improving the quality and image of his company on a global scale. Toyota continues to address complaints and is trying to manage decreases in the company’s image as well as stock value. As Toyota prepares to pay a $1 billion fine to settle the federal suit, they have reported that they are on track to earn $18.8 billion for its current fiscal year, more than the combined annual earnings of GM, Ford and Chrysler. It is believed that shareholders and investors will react positively to closure of these suits in an attempt to put it behind the brand and move forward. In fact, Toyota paid out $25.5 million to shareholders based on the claim that the company stock price was damaged due to Toyota’s failure to timely report the safety issues. An SEC investigation is still pending. Toyota faces ethical issues and litigation due to the delayed reporting to the NHTSA and delayed recall of automobiles related to the known complaints of sudden acceleration and the related injuries and deaths that resulted.

Individualism
Milton Friedman's view on social responsibility in business was simply to follow the law.  As an economist, Friedman emphasized that corporate officers had the sole responsibility of maximizing profits for the shareholders as long as the law was adhered to.  As a for-profit corporation, the leaders should not use corporate funds for social welfare simply because they felt it was socially responsible.  The officers should in fact pay the lowest wages possible, the least benefits and operate business in the most cost effective way regardless of potential external consequences as long as they were within the means of the law.  The corporation’s sole purpose was to maximize shareholder earnings rather than spend shareholder funds for the social well-being of others.  Simply, profits above all else as long as the law was followed.
Prior to the recall scandal, Toyota was highly profitable, continually gaining market share and recognized as a dependable, high-quality car maker.  Toyota stock values trended similar to the Dow Jones index.  When the recalls began, Toyota stock fell disproportionately to the rest of the market.  Eventually, Toyota stock regained its place in the market but has begun to show decreased value in the past year presumably related to the recent law suits and settlements.  If Toyota had been more responsive to the acceleration issues reported and recalled the vehicles out of ethical responsibility rather than by the force of law and NHTSA reporting, consumers would have maintained more faith in the company in its delivery of quality and safety and stock prices would not have taken as much of a hit.  Recalling the vehicles sooner would have also eliminated some of the accidents and corresponding lawsuits, ultimately saving shareholders their stock values and profits because the fines and payouts would have been substantially lower.  If one is to believe that Toyota was following individualism and Friedman’s viewpoint, it can be said that both failed the organization from a profit and share value standpoint.  The short term financial impact of a timely recall would have been substantially more cost effective because now Toyota is paying for the recalls, the lawsuits as well as having to invest in rebuilding its reputation as a quality and safety conscience car manufacturer.

Utilitarianism
Toyota Camry speeds out of control and crashes
Utilitarianism is an ethical belief that decisions should be made based on the overall consequences of the actions and how they impact everyone.  It focuses on making decisions based on the greater good for all (or as many as possible). Utilitarianism takes into account a cause and affect mentality.  These beliefs mean that corporations should be making decisions based on the outcome of the company as a whole, the shareholders, the employees and the consumers.  Utilitarianism focused organizations would always be seeking balance between satisfying shareholder profits, the end users of the products sold as well as the employees of the company.
Had Toyota felt compelled to follow a Utilitarian mission, the issues with sudden acceleration would have been addressed with the consumers as soon as the company was aware.  Toyota would have had concern over the safety of its consumers and would have wanted to ensure that all of its vehicles on the roads were operating properly.  Taking utilitarianism as "consequentialist ethics" (page 30), and reviewing the actions and consequences of the Toyota, the negative consequence was the lack of gain for the greater good and whole.  Failing to timely notify consumers of the vehicles cost the consumers money, their safety and the physical well-being and even life of those involved in the sudden acceleration accidents. It also tarnished the reputation of the company which cost the shareholders future profits and arguably cost the employees future pay raises and other benefits due to the litigation payouts.

Kantianism
Kantian ethics focuses on the humanity aspect and ethical duty to do what society views as right and for the greater good without self-interest.  The most basic and important relationship is personal and humane.  Kant believed in an undeniable duty to all people and actions that are dependent upon these relationships.  Corporations would set out to define a Maxim for Action that would execute a business practice for the greater good of the organization as well as the consumers of the product.  In review of the set Maxim, one wants to ensure it comes from good will to “do the right thing”, otherwise, it must be consistent with good action or it won’t be praiseworthy.  Decisions should be rational and logical and all of those affected should be able to make rational and logical decisions.  Kant considers three types of motivation, self-interest, character or sympathy and the moral law or duty.  In Kantianism, the only proper motivation is that of moral law or duty.
Toyota president has been quoted as saying he wants to build the quality and image of the brand after the fall out of the recall scandals.  However, it seems that his motive is not of moral duty but rather self-interest to rebuild the profitability and reputation of Toyota.  Had Toyota followed Kantianism, they would have recalled the vehicles immediately upon learning of the acceleration issues because it would be the morally correct thing to do for the safety and welfare of its consumers.  Failure to properly disclose the acceleration issues is against Kantianism belief of doing the right thing for the greater good of all involved.  Not only did they delay the recall but they continued to sell vehicles with the known issue at hand, jeopardizing the safety of the consumer against moral duty.  Had Toyota made a Maxim of building quality and image motivated by moral law rather than by self-interest, lives would have been saved, less people would have been injured and the law suits, litigation and fines would have been minimal if not no-existent. 

Virtue Theory
Akio Toyoda, CEO of Toyota Motor Corp.
Virtue theory involves understanding the motivating factors behind ethical decisions and knowing that while some people are motivated by self-interest others in fact are motivated by compassion, and caring for the well-being of others.  This philosophy requires ethics related decisions to be based on the character of the person making the decision and requires companies to review its business goals and practices to reflect on setting a corporate culture and environment of individuals that have the same virtues to create the desired method of achieving company goals and workplace practices.    Virtues are essentially positive character traits such as honesty, respectfulness, positivity and kindness.  The opposite of a virtue is a vice.  Vices include greed, envy, arrogance and selfishness.  The four primary virtues are prudence, justice, fortitude and temperance.
Toyota was not prudent in its decision to delay the recall of cars with the sudden acceleration defect.  They failed to act with foresight, reasoning or caution in regards to the safety of the consumers and did not choose the right means to a safe end for the consumers once they were aware of the recall.  The second primary virtue is justice.  Toyota did not consider justice because the decision to delay recalls directly hindered the rights of the consumers and put them in the line of danger rather than aiding them to avoid injury.  Rather than act with fortitude or courage, Toyota management acted cowardly by being more concerned with the cost of the recall than the safety of the consumers.  Temperance takes into account moderation of pleasurable things to avoid a sense of shame and to demonstrate humility.  Toyota did not act with temperance but rather with greed and ego for profits rather than the safety of the drivers.  Overall, Toyota violated all of the primary virtues in regards to the sudden acceleration recalls and scandal.  They put self-interest before the overall moral character considerations.  In order to have demonstrated the four primary virtues, Toyota should have recalled vehicles immediately upon learning about the possible defect because it would have chosen a means to the end that was worthy, it would have given proper justice to the consumers who had purchased the defective cars, it would have shown fortitude of making the right call in a difficult decision and would have demonstrated temperance by balancing profits with the safety of the consumers.

References

Peregrine Financial Group Inc.: Loses $215 Billion (2012)


Controversy
PFGBest logo
Peregrine Financial Group, also known as PFGBest, filed to liquidate under Chapter 7 bankruptcy, after a lawsuit was filed against them early July 2012. Peregrine is a futures-trading business founded by Russell Wasendorf Sr. headquartered in Cedar Falls, Iowa. Its main business is brokerage, mainly trading in the commodities and currency markets. Most of its clients are farmers and other individual investors. (Bundge). The stakeholders involved with PFGBest include Russell Wasendorf Sr., the employees of the firm, and all of their clients, who invest their money with the firm. The Commodity Futures Trading Commission (CTFC) sued Peregrine and its CEO Wasendorf Sr. after the National Futures Association (NFA) prohibited the company from participating in any more business. The CTFC sued them for fraud by falsely reporting customer funds, violating customer fund segregation laws, and falsely reporting financial statements (Touryalai). Shortly after the lawsuit was filed, Russell Wasendorf Sr. was found in his car after a failed suicide attempt. There was a suicide note that alluded to "a crime that had been committed” (Bunge). The firm had been falsely reporting that it held more in its clients account then they really did. There is approximate $215 billion in customer assets that cannot be found. The NFA audits found that there was a discrepancy between what they were reporting and what was actually there, leading to them finding fraudulent bank statements. “The NFA conducted an audit of the firm which said it held in excess of $220 million in a segregated customer account, when, in fact, that account held approximately only $5.1 million” (Touryalai). Wasendorf pleaded guilty in court, and investors report that his $24-million headquarters was “financed with money siphoned from customers” (Cohn).

The company falsely reported financial statements, and customer funds leaving its clients empty handed. To determine if the actions of Wasendorf and Peregrine were ethical, it should be examined using four major theories of ethics.

Utilitarianism
The first of the four theories is utilitarianism. Utilitarianism ethics often refers to doing the greatest amount of good for the greatest amount of people., and can be defined as “an ethical tradition that directs us to make decisions based on the overall consequences of our acts" (DesJardens 24). This means that decisions are said to be ethical if the result benefits the majority of people involved. When applying the theory of utilitarianism to the Peregrine case, the stakeholders involved must be examined. First, Russell Wasendorf is a major stakeholder in the case. He was the CEO of the company. He benefited from his actions, because he was the one who received the money he embezzled. Second, the employees of the company are stakeholders. They did not benefit from Wasendorf’s actions because the company was forced to liquidate, so they all lost jobs. Last, Peregrine’s clients are the largest group of shareholders. $215 billion of client assets were reported missing, and not recovered, so the clients did not benefit from his actions. By applying utilitarianism, it can be concluded that the actions of this company were not ethical because they did not do good for the greatest amount of people. They only benefited the CEO of the company.

Kantianism
Russel Wasendorf Sr. Chairman of PFGBest

The second theory to be applied is the Kantian approach, which is essentially opposite to Utilitarianism. The Kantian approach "emphasizes acting with respect toward all autonomous beings" (Salazar). This means that all people must be treated with equal respect, no matter what. A person following the Kantian approach would but individuals before the consequences of their actions, which is why it is the opposite of Utilitarianism. The Kantian approach also focuses on the formula of humanity, which expresses the need to not use people as a means. When applying the Kantian approach to the Peregrine case, the company’s clients must be looked at. They were used as a pawn for Wasendorf to earn money. He did not consider that they needed their money. He only used them for a way for him to make more money. They were not treated with respect because they were lied to about balances in their accounts with the company, and the company’s health. The clients were not respected and were only treated as a means to make money so the actions of the company would be ruled unethical under the Kantian approach.

Individualism
The next theory is Friedman’s Economic Theory, also known as Individualism and was founded by famous economist Milton Friedman. Individualism states that everyone has the right to pursue their own interests, but people do not have the right to stand in the way of others pursing their own interests. This theory can be taken a step further by applying it to business and corporate social responsibility. "The only goal of business is to profit, so the only obligation that the business person has is to maximize profit for the owner or the shareholder's" (Salazar). Under Individualism, a business is solely concerned about profit maximization to benefit the shareholders, and not of the business' obligations to society at large. Peregrine’s actions did benefit the shareholders at the time. By falsely reporting the balances of customer accounts, they reported higher assets and higher liabilities. They falsely reported that the company was doing better than it really was doing. Public opinion of this company went downhill because they thought the company was cheating them of their money. This resulted in reporting of higher profits, which is the goal under this theory. Individualism would say that the actions of Peregrine were ethical because they maximized profits for the business. Although it is ethical under this approach, it is not the best move for the company because it forced them into bankruptcy.

Virtue Theory
PFGBest headquarters in Cedar Falls
The last theory to be used is virtue theory. Virtue theory is based on Aristotle’s ethics and says that for something to be good it must perform its function well. It also says that people must perform rationality to function well, which will, in turn, make them happy. To apply this to the Peregrine case, one of the four virtues of business can be looked at. Honesty must be utilized in business. In this case, honesty was not present. Wasendorf lied about account balances and falsely reported the company’s financial statements. Those actions cannot be considered honest. The company is not following one of the four virtues so the actions would be ruled unethical. The company also doe not follow the rest of the three virtues. Wasendorf did not show courage in his actions because he was not willing to stand for the right actions. He also does not display temperance because he does not have reasonable desires because stealing client money is not reasonable. He also does not show justice, because stealing client money is not a fair practice. So, the rest of the four virtues show that the actions of this company were not ethical.


References

Bunge, Jacob, Jerry A. DiColo and Josh Dawsey. "Scandal Shakes Trading Firm ---Regulators Cite Peregrine in Missing $215 Million; Company Files for Bankruptcy." Wall Street Journal, Eastern edition ed.Jul 11 2012. ProQuest. Web. 10 Feb. 2014 .
Cohn, Emily. "Peregrine CEO Russell Wasendorf Sr. Sentenced To 50 Years In Prison." The Huffington Post. TheHuffingtonPost.com, 31 Jan. 2013. Web. 10 Feb. 2014

DesJardins, Joseph R. "Ethical Theory and Business." An Introduction to Business Ethics. 5th ed. New York, NY: McGraw-Hill/ Irwin, 2014. 23-37. Print.

Salazar, Heather. Business Ethics, Economics, and Individualism. Powerpoint Slides

Salazar, Heather. “Kantian Business Ethics,” in Business in Ethical Focus, ed. Fritz Allhoff and Anand J. Vaidya (Broadview Press, 2008).

Touryalai, Halah. "Peregrine Files For Bankruptcy After $215M Goes Missing, Where Were The Regulators?." Forbes.Com (2012): 37. Business Source Premier. Web. 10 Feb. 2014.

Tyson: Major Animal Abuse Scandals (2013)

Controversy
Tyson Foods, Inc. logo
Tyson Foods, one of the nation’s largest meat producer and supplier has had to overcome a major scandal regarding animal abuse. In May of 2012, the Humane Society of the United States released a video showing a farm in Wyoming connected to Tyson was abusing piglets (Vinjamuri, 2012). The video stated, “They kicked piglets like soccer balls, whipped them around by their hind legs, smashed them into concrete floors, and threw them high into the air” (Vinjamuri, 2012). When Tyson initially released a statement about this incident, it claimed that it had no connection with the farm, but in the same statement confirmed that it had purchased sows from the farm. Tyson since has suspended its purchases from the farm until a full investigation is complete (Vinjamuri, 2012). In November 2013, a second video of a farm in Oklahoma this time by the animal activist group Mercy for Animals was released and showed animal abuse at this farm. It was announced that Tyson canceled its contract with the farm (Peterson, 2013). An activist from the Mercy for Animals group only referred to as “Pete” stated that the abuse was “commonplace and constant at West Coast Farms (Schecter, 2014). The owner of the farm, Lonnie Herring fired the employees that were shown abusing the animals in the video (Peterson, 2013). Tyson stated that they were “extremely disappointed by the mistreatment shown in the video and will not tolerate this kind of animal mishandling (Peterson, 2013). Finally, in January of 2014, Tyson sent a letter to suppliers telling them to stop using blunt force euthanasia to kill piglets and wants them to keep the animals in larger cages and install video cameras at the farms (Schecter, 2014). Tyson did this in order to show that it takes this issue seriously. Tyson stated in the letter signed by a senior vice president and the vice president who runs the company’s Animal Well-Being Programs; “we’re trying to balance the expectations of consumers with the realities of today’s hog farming business” (Schecter, 2014). Tyson is trying to make sure that everyone realizes that it wants things to change and agrees that animals should be treated fairly. Animal abuse is punishable by law and many activist groups have stated that those that participated in this should be prosecuted (Pacelle, 2012). These groups feel that what these farms are doing to animals is wrong and Tyson should be responsible for knowing what is happening at the farms that it does business with (Pacelle, 2012). All in all, Tyson clearly did business with farms that were being cruel to animals, tried to hide the information and did not take any real action until two years after the original issue. The videos can be viewed at the following links: Video # 1 and Video #2. WARNING: The videos include graphic and sometimes bloody scenes. It shows pigs being kicked, hit, and thrown, as well as pigs being slammed into the floor to kill them.

StakeholdersIn this situation, there are several stakeholders. The stakeholders are Tyson, the farms in Wyoming and Oklahoma, Tyson’s customers and the activist groups that exposed the animal abuse. Tyson chooses which farms it wants to do business with and therefore needs to know what the current practices of the farms are. The two farms are responsible for taking care of the animals that they are selling to Tyson and should be doing so with respect. Tyson’s customers might want to know where their food comes from and learning about how the animals are treated, they might be swayed to purchase another brand instead of Tyson. Finally, the activist groups make sure that animals are treated fairly and with respect. They are trying to look out for animals and make sure every animal is not abused. Each stakeholder plays an important role in this case and each stakeholder can affect one another.

Each of the ethical theories: individualism, utilitarianism, Kantianism and virtue theory can help see whether or not Tyson acted ethically. In this case, Tyson acted ethically according to the individualism and Kantianism theory but acted unethically according to the other two theories.

Pig in a small cage, bleeding and desperate to be free
Individualism
According to Friedman’s theory of individualism, the only goal of a business is to maximize its profit for the owners and its stakeholders as long as everything it is not doing anything illegal (Salazar). Companies like Tyson are in a highly competitive market and need to find ways to keep costs as low as possible. Tyson knows that if it charges more to buy their products than it will most likely sell less. There are conflicting stories that say whether more humane animal treatments are more or less expensive than factory methods (Vinjamuri, 2012). Some studies done by the Humane Society of the United States had shown that treating animals better can actually be 11% cheaper (Vinjamuri, 2012). Even though this is shown in some studies, most state that this is not the case (Vinjamuri, 2012). Tyson has stated that quarterly profits have grown more than Wall Street expected, with shares up nearly 10 percent (Reuters, 2014). Tyson has said demand has risen for beef and chicken sales continue to soar (Reuters, 2014). All in all, Tyson’s shares have gone up more than 50 percent in the past year (Reuters, 2014). This shows that Tyson has continued to maximize its profits even through these problems. Tyson has helped both itself and its own stakeholders because its stock has continued to rise. Therefore, when looking at what Tyson actions through the theory of individualism related to this case, its actions would be considered to be ethical.

UtilitarianismA second ethical theory is utilitarianism which states that one needs to maximize happiness in oneself and in others (Salazar). Utilitarianism says that happiness is the only thing of value. In Tyson’s situation, it had to decide whether it should be happy for itself by being profitable, whether it should treat the animals fairly and make everyone else happy or some combination of both. Tyson chose to only maximize its own happiness and not worry about anyone else. Tyson wanted to make sure it could get its product out at a low price in order to continue to be a leader as a meat producer. Unfortunately for Tyson, it did not maximize happiness for everyone as the piglets had to suffer by being abused and mistreated. Therefore, Tyson’s actions would be viewed as unethical in the utilitarian view.

Kantianism
The next ethical theory is Kantianism. This theory is described as acting rationally, allow and help people to make rational decisions, respect the individual needs and differences of everyone and be motivated to do what is right because it is right. In addition, Kant’s formula of humanity states that one should act in a way to treat humanity in a way that is valuable for one’s own sake and never simply as a way to get something else (Salazar). In other words, one should always act fairly and not try to trick anyone. When applying this to the Tyson case, it is clear Tyson did act in this way. In the case of the farm in Wyoming, Tyson originally stated that there was no connection, but it had purchased from this farm. When looking at the farm in Oklahoma, Tyson never denied any connection to the farm. In both situations, Tyson stopped further business with the two farms. Tyson acted rationally by making the farms it does business with changing its practices. Therefore, since Tyson has acted rationally and has not deliberately tried to cover up this issue; a Kantian would view this situation as ethical.

Virtue Theory
Another view of the small pig pens
The final ethical theory is virtue theory. Virtue theory seeks a full description of the virtues that constitute a good human life. The virtues are dependent on the thing’s function and circumstances. There are four main virtues in business which are courage, honesty, temperance and justice. Courage is the willingness to take a stand for the right ideas and actions. Honesty is treating everyone fairly and being truthful to all. Temperance is expected reasonable things and justice is being fair and providing good ideas and quality products (Salazar). Tyson did not follow these virtues in this situation. In order to be courageous, Tyson would have had to take a stand and tell all the farms it deals with immediately to treat animals fairly. Tyson did not do this because it waited for two years until it finally sent a letter out telling farms to change its ways. Tyson should have been honest right away when the allegations of animal abuse came out. Instead of saying there was no connection with the farm, it should have just stated right away that it had purchased from the farm and that it was connected to it. In order to act with temperance, Tyson should know that its customers would want their products to be produced in a respectable way. Tyson does not do this as it shows it did not care about what its farm was doing by not issuing any statements until two years after the original allegation. The final virtue of justice would be followed if the products that Tyson made were quality products and everyone was treated fairly. Tyson did not do this because the animals were mistreated at all times and were constantly abused in numerous ways. By not following any of these virtues, Tyson was acting unethically according to the virtue theory.


References
Pacelle, W. (2012, May 8). Abhorrent Abuse of Mother Pigs and Piglets Uncovered at Tyson Foods Supplier. A Humane Nation. Retrieved February 11, 2014, from http://hsus.typepad.com/wayne/2012/05/wyoming-pig-investigation.html

Peterson, H. (2013, November 22). Tyson Foods Drops Pig Farm Over Video Of Alleged Animal Abuse. Business Insider. Retrieved February 11, 2014, from http://www.businessinsider.com/tyson-foods-drops-pig-farm-2013-11

Reuters. (2014, January 31). UPDATE 3-Tyson results beat estimates on higher chicken, beef sales. Reuters. Retrieved February 11, 2014, from http://www.reuters.com/article/2014/01/31/tyson-results-idUSL3N0L547Y20140131

Salazar, Heather. Business Ethics Lectures. WNEU. Spring 2014.

Schecter, A. (2014, January 10). Tyson Foods changes pig care policies after NBC shows undercover video. NBC News. Retrieved February 11, 2014, from http://investigations.nbcnews.com/_news/2014/01/10/22245308-tyson-foods-changes-pig-care-policies-after-nbc-shows-undercover-video?lite

Vinjamuri, D. (2012, May 11). Tyson Foods and Piglet Abuse: Is Ethical Behavior Profitable?. Forbes. Retrieved February 11, 2014, from http://www.forbes.com/sites/davidvinjamuri/2012/05/11/tyson-foods-and-piglet-abuse-is-ethical-behavior-profitable/

SodaStream: Pro-Israeli, Pro-Palestinian, Pro-Peace (2013 to Present)

SodaStream logo
Controversy
Soda Stream is a manufacturer of Home Carbonation Systems and is based out of Israel. It prides itself on employing "more than 1000 people, with over 30 nationalities represented" ("About SodaStream"). SodaStream has recently come under fire about one of their manufacturing plants, in particular, the plant in West Bank, a settlement in Israel. The plant in West Bank employs both Israelis and Palestinians and pays both the Israeli wage which is significantly higher than the wages paid by Palestinian businesses. It is reported that more than 500 Palestinians earn more than 10 times the wages earned by in Palestinian employment (Alster). The political Palestinian-Israeli conflict has led to disputes over the land in Israel. Many do not believe that the Israeli-owned SodaStream should have a plant in a settlement that is in Palestinian territory. Others believe that "Palestinians should not be working for SodaStream or any other businesses operating in Israel's settlements, which is considered illegal under international law" (Strickland).
The SodaStream company has been criticized by Oxfam, an international charity and advocacy group. "'Oxfam believes that businesses, such as SodaStream, that operate in settlements further the ongoing poverty and denial of rights of the Palestinian communities that [Oxfam] works to support'" (Alster). Scarlett Johansson, a supporter of SodaStream has stepped down from her position as a global ambassador for Oxfam International. Although Johansson has become a spokesperson for SodaStream, she is not the only stakeholder that is affected by the controversy associated with SodaStream, Palestinian employees are also greatly affected.

This blog will cover four ethical theories in relation to the Soda Stream controversy

Individualism
Michael Friedman's Theory of Individualism states that "the only goal of business is profit, so the only obligation that the business person has is to maximize profit for the owner pr the stockholders (Salazar). Taking only this theory into account, the SodaStream company is not behaving in the best manner for the sake of the owners and stockholders. The subsequent boycott of the SodaStream products has not resulted in the maximization of profits which does not abide by the rules of Individualism. However, the objections to Individualism relate more to SodaStream's blatant concentration on creating peace between Palestinians and Israelis. Stakeholders in the company extend further than just the owners and investors. R. Edward Freeman believes that "[businesses] need to consider [their] obligations to those who are affected by business decisions" (Salazar). This appears to be what SodaStream is doing with its choice to not move the West Bank plant in order to appease politicians and those who are still in favor of essentially segregating Israelis and Palestinians. Taking profits into consideration, SodaStream has found itself in a situation that could affect profits no matter what choice is made about the location of the West Bank plant. If the company chooses to move the plant, many Palestinian workers will no longer have jobs which would in turn anger Pro-Palestinian groups. The opposite occurs if the Israeli company moves to a Palestinian area. Pro-Israeli groups will be angered.Either side could spark more boycotts or alternatively spark more investors. Both of these actions affect profits, but SodaStream is determined to keep the current West Bank location with its mixture of Israeli and Palestinian workers as a means of promoting peace between the people.

Kantianism
The Kantian theory believes that "people should be treated as ends and not as means" (DesJardins 38). One can view SodaStream's Palestinian workers as being used as ends and not as means due to the fact that the Israeli company has hired them and is paying them more than Palestinian wages. Others may believe that SodaStream is exploiting Palestinian workers due to the fact that there are very few work opportunities in Palestinian businesses (AlJazeera). Depending on where one is Pro-Israeli or Pro-Palestinian, accounts about SodaStream vary. Many news outlets, however, report on happy Palestinian SodaStream employees who report that their working conditions are "the best there are" (Jeffay). It does appear that SodaStream is using both their Israeli and Palestinian workers as a means instead of an end when it comes to societal roles and not in terms of business production. SodaStream CEO told the Jewish Daily Forward that "[SodaStream] will not throw [their] employees under the bus to promote anyone's political agenda" (Alster). In a way by being involved in the Palestinian-Israeli conflict to attempt to bring peace between the two people, SodaStream is indeed using their employees to push the political agenda of peace between Palestinians and Israelis.


Prayer at the West Bank SodaStream Plant
Utilitarianism
Utilitarianism is an ethical tradition that directs us to make decisions based on the overall consequences of our acts (DesJardins 24). The theory states that happiness is essentially the only thing that is of real value. Keeping this in mind, SodaStream is attempting to create a peaceful environment for both Israelis and Palestinians. Scarlett Johansson, the celebrity spokesperson for SodaStream, stated that the company supports Israelis and Palestinians "working alongside each other receiving equal pay, equal benefits, and equal rights" (Alster). The West Bank plant even provides a mosque and a synagogue to accommodate the religions of the employees. The company is also promoting happiness for employees because the West Bank plant provides improved wages locally in an area where work is not available. Although the location of the West Bank plant is ruffling feathers of those wanting the area to be a Palestinian territory and those who do not approve of the mixing of Palestinians and Israelis the company is standing by its decision to stay in the area and promoting peace between the two people. The boycott of the Israeli SodaStream would affect many workers. The company is attempting to teach others in the region that a peaceful co-existence between Palestinians and Israelis is possible. The long-term decision should be to continue keeping the plant in its current location. By not conceding to those who consider the plant to be illegal, the company is still focusing on pushing the agenda of peace between the people instead of joining a fight over land that began centuries ago.

Virtue Theory

The virtue theory consists of four basic virtues: courage, honesty, temperance/self-control, and justice/ fairness (Salazar). In the case of SodaStream, the company does exhibit each of these characteristics in some form. SodaStream and Scarlett Johansson displayed courage by going against societal norms and supporting a peaceful co-existence between Palestinians and Israelis. Employees of the West Bank SodaStream plant also show courage by working in an environment that may not be accepted by their peers and/or their families. The company exhibited honesty by providing equal opportunities for both Israeli and Palestinian employees despite the conflict in the area. The employees display the justice virtue by working hard to produce SodaStream products as well as working hard to accept one another after years of conditioning of ill will from the territory conflict. The SodaStream company also shows justice because despite the controversy the company is still continuing to strive for peace and an end to the Palestinian-Israeli conflict. Temperance is shown by SodaStream because the company accepts that there will not be an easy overnight fix to the conflict, but the company still want to do it its part in aiding to the end of the conflict.
References

"About SodaStream." SodaStream.com. SodaStream, n.d. Web. 12 Feb. 2014. <http://www.sodastream.com/aboutsodastream>.

Alster, Paul. "SodaStream Ignores Anti-Israeli Critics to Quench Palestinian Thirst for Jobs." Fox News. FOX News Network, 31 Jan. 2014. Web. 13 Feb. 2014. <http://www.foxnews.com/world/2014/01/31/sodastream-ignores-anti-israeli-critics-to-quench-palestinian-thirst-for-jobs/>.

DesJardins, Joseph R. An Introduction to Business Ethics. New York, NY: McGraw-Hill/Irwin, 2014. Print.

Jeffay, Nathan. "Palestinian Workers Praise SodaStream - and Scarlett Johansson." Haaretz.com. Haaretz News, 2 Feb. 2014. Web. 13 Feb. 2014. <http://www.haaretz.com/news/features/1.571948>.

Powerpoint Presentations by Heather Salazar

Strickland, Patrick. "SodaStream Controversy Continues to Bubble." - Features. AlJazeera, 11 Feb. 2014. Web. 12 Feb. 2014. <http://www.aljazeera.com/indepth/features/2014/02/sodastream-controversy-continues-bubble-2014210133448473994.html>.

Thursday, February 13, 2014

Walmart: Foreign Corruption (2014)

Controversy 
Wal-Mart store entrance

Wal-Mart, one of the largest businesses in the world, has been caught up in a scandal in which Wal-Mart has reportedly bribed the market "$24 million" to "win market dominance "(Margo Beller). An investigation was initiated to see whether or not Wal-Mart had "violated the U.S. Foreign Corrupt Practices Act" (Beller). A senior analyst Patrick McKeever, who has covered Wal-Mart for 10 years called it "the most damaging story that I have ever seen" (Beller). Because of this scandal, shares for Wal-Mart have lowered out of fear of the company. Recently, a "Delaware judge ordered attorneys for Wal-Mart to turn over more information to shareholders seeking records on how the company responded to allegations of bribery involving operations in Mexico" (Randall Chase). Clearly, the stakeholders in Wal-Mart are in fear of what this story could do to this global business. There have also been reports that Wal-Mart participated in a "standard operating procedure in Mexico", this according to a former government official in Mexico (Beller). Going deeper into what Wal-Mart exactly did, Wal-Mart "allegedly paid $52,000 to change a zoning map so it could open a store near the ancient pyramid in Teotihuacan" (Huffington Post). There are also reports that the CEO, Mike Duke, knew of the bribery since 2005 which contradicts Wal-Mart's public statements. (Huffington Post). What all this means is Wal-Mart is slowly losing its perfect reputation in the legal ways of conducting business. Though the initial bribery may have started in 2005, the case has extended to present time and is only getting worse for Wal-Mart and its stakeholders.
Things are not looking good for Wal-Mart especially if they are found violating the U.S. Foreign Corrupt Practices Act. When we look at this scandal from an ethical point of view, I believe everyone can agree that something about this case is unethical, whether its bribery, lying to its stakeholder, or paying a country off to extend zones to build next to ancient pyramids. The first ethical view is Utilitarianism. Utilitarianism is the modern day approach to ethics and is defined as "an ethical tradition that directs to make decisions based on the overall consequences of our acts" (24 DesJardins). Also Utilitarianism is identified with the policy of "maximizing the overall good" or "the greatest good for the greatest number" (27). Thus, the decisions that accomplish this are good, while those that do not accomplish this are bad. When we look at what Wal-Mart did with the bribery, is it possible that Wal-Mart did the best thing for the greater good? The answer is no because Wal-Mart shares have been decreasing because of the fear the stakeholders now have because of this scandal. If this scandal blows up, the stakeholders and the company itself, will lose millions of dollars. To rectify this situation, Wal-Mart should have built elsewhere in Mexico, I'm sure there is room other than next to an ancient pyramid. Also Wal-Mart should have just allowed their business to grow slowly overtime instead of bribing the market to become the dominant business. We'll take a look now at another ethical point of view, one known as Kantianism.

Kantianism
The Kantian Theory states that "our fundamental ethical duty is to treat people with respect, to treat them as equally capable of living an autonomous life. But since each person has this same fundamental duty towards each others, each of us can be said to have the rights to be treated with respect, the right to be treated as an end and never as a means only" (DesJardins, 38). Viewing the Wal-Mart from the point of view using the formula for humanity which states that people should be treated as ends and not as means (38). I believe Wal-Mart did follow this ethical approach for the most part. Yes in the long run, the stakeholders are being affected because the shares are going down out of fear. However, Wal-Mart reportedly bribed the market in order to maintain market dominance in order to maintain their shares and their shareholders. In this scandal, there is no evidence in which Wal-Mart treated anyone as a mean and not as in end. Wal-Mart just wanted to make sure their business prospered in Mexico which I'm sure it would have anyway without the bribery. If someone was to say that Wal-Mart did not confirm this ethical theory, what Wal-Mart should have done is not build near ancient landmarks because people look at those for beauty and do not want to see a large Wal-Mart blocking their landmark. Other than that, Wal-Mart treats its employees correctly and in fact, employees many Mexican citizens creating jobs there which is always a bonus.

Individualism
Doug McMillon, CEO of Wal-Mart
The next ethical point of view is individualism which is Milton Friedman's ethical views. Milton Friedman is considered one of the most important economists of the twentieth century because of this theory and his other work. Friedman states "The only goal of business is to profit, so the only obligation that the business person has is to maximize profit for the owner or the stockholders" Wal-Mart bribed the market to make sure they maintained market dominance in order to keep the shares and the business healthy. When Wal-Mart initially bribed the market, Wal-Mart was following the ethical view according to Milton Friedman, however, when the scandal was released to the world, Wal-Mart took a major hit and is still feeling the repercussions from this because the case is still going on today. The CEO has been caught lying in his statements, and more emails have been released to the public stating that executives in the business including the CEO knew of this bribery since 2005. The public opinion of Wal-Mart before this scandal was what everyone knew of Wal-Mart. They had low prices, and always reliable on these low prices. From a business point of view, the business was clean in the way they do their business. Now Wal-Mart has been found in this scandal has taken a major reputation hit. If Wal-Mart went without the bribery, the store still would have done well in Mexico because everyone will always fall back to the lower prices. Wal-Mart would have still been following the laws of business just like they always have been and wouldn't have to deal with the negative attention.

Virtue Theory
Lastly, we'll take a look at the virtue theory. The "Virtue Theory is Based on Aristotle's Ethics" (Salazar). The four primary virtues in the theory are "courage, honesty, temperance, and justice" (Salazar). Courage is defined in this theory by "risk-taking and willingness to take a stand for the right ideas and actions" (Salazar). Wal-Mart knew what they were doing when the bribes were sent out. They were willing to be risk takers and bribe the market to make sure they were dominant in the market, however it's not the correct risk-taking a business should even be taking. Wal-Mart did not follow the first virtue clearly since these were not the right ideas or actions to be taken to maintain market dominance. The next virtue, honesty, is defined as "in agreements, hiring and treatment of employees, customers and other companies" (Salazar). No, Wal-Mart is not honest with their actions. CEO and executives have been caught lying. They are not fair to other companies because they are bribing to make sure they are atop all the other businesses on the market. Simply, Wal-Mart is not being honest with their current actions in the business world. Temperance, the next virtue is defined as "reasonable expectations and desires". (Salazar). Finally one virtue Wal-Mart can honestly (no pun intended) say they followed correctly. The whole point of this bribery was to make sure they prospered in Mexico which is Wal-Mart's desires. The last virtue, justice, can be defined as " hard work, quality products, good ideas, fair practices" (Salazar). Wal-Mart has hard work, mostly quality products for the price you pay, great ideas, but we reached the end because fair practices are not followed by Wal-Mart. Before the scandal, Wal-Mart could say yes to this, however they have ruined their reputation with this and no longer can say they follow fair practices of the business views.




References

Beller, Margo D. "Wal-Mart in Mexico: Bribe or Operating Procedure?" CNBC.com. N.p., n.d. Web. 13 Feb. 2014.

Chase, Randall, and Caroline Fairchild. "Walmart Criticized For Providing 'Persnickety And Narrow' Information In Mexico Bribery Case." The Huffington Post. TheHuffingtonPost.com, 20 May 2013. Web. 13 Feb. 2014.

Fairchild, Caroline. "Walmart Criticized For Providing 'Persnickety And Narrow' Information In Mexico Bribery Case." The Huffington Post. TheHuffingtonPost.com, 20 May 2013. Web. 13 Feb. 2014.

DesJardins, Joseph R. "Ethical Theory and Business." An Introduction to Business Ethics. 5th ed. New York, NY: McGraw-Hill/Irwin, 2014. 38-41. Print.

Salazar, Heather. “Kantian Business Ethics,” in Business in Ethical Focus, ed. Fritz Allhoff and Anand J. Vaidya (Broadview Press, 2008).

MF Global: Billions Lost (2014)

Controversy
MF Global Inc. logo

MF Global, under the leadership of Jon Corzine, used investor funds for personal business funds for personal use. When SEC fines began to roll in in 2008, investors began to attempt to pull their money. That was when the company was forced to admit that over 1 billion dollars apparently vanished from the company. The current location of this money is split. 700 million dollars of it is in Europe, tied up in MF Global's subsidiary. Trustee James Giddens says that he is "reasonably confident" that the funds will be recovered and returned to their owners, however, there is still the chance they will not be able to be redistributed to their original owners. Another 220 million dollars is now in limbo, stuck between the ownership of the securities customers and the commodities customers the funds were transferred to. The last section of money is lost in transfers to business partners, a large portion of which now belongs to J.P. Morgan.
Jon Corzine used his bold decision-making tactics in order to propel MF Global into profitability. His risky actions set off a lot of red flags that would later lead to the discovery of missing funds in the company. He admitted defeat on October 31, when the company filed for bankruptcy. Over the next few months, the eighth largest bankruptcy filing in the United States evolved into a large public scandal. Ironically, Corzine and his company were finally in the spotlight, but not for the right reasons.
There are four different ethical models that we can use to objectively observe the ethical position of the decisions made by Corzine in his attempt to pull MF Global out of debt: Utilitarian ethics, Kantian ethics, Individualism ethics, and Virtue Theory. The stakeholders, in this case, were everyone involved in the company because it ended up going bankrupt. The CEO, investors, and employees are the most prevalent because their reputations, positions, and funds were at risk.

Utilitarianism
MF Global CEO, Jon Corzine

In Utilitarian ethics, the consequential view defines the goal of decisions made as bringing the most good to the greatest total number of people. It is hard to say if Corzine acted ethically under this theory. His only motive in his decision appeared to be to use his big-time CEO experience in this small-time company to propel it into profitability. His plan was to reallocate investor money in order to get a high payout from risky investments himself. However, it is a very real possibility that his intentions were strictly to get a pay day for himself. One could argue that had this paid off, there would have been a great profit for all the stakeholders in the company, including the investors whose money was being used as investment capital. Although the investors, employees, and CEO suffered in this situation, other stakeholders, such as J.P. Morgan gained a great deal of money through the transferring of these funds. The good of the greatest amount of people did not benefit from this decision, but there is no evidence that Corzine made any decision with any other intent than to bring an end result of profitability to his employees and investors. Because this theory does not take into account morality, I would classify the investment decisions made as ethical under Utilitarian ethics; however, transferring investor money to Europe or to J.P. Morgan has no ethical premise.

KantianismKantian ethics, or principle-based ethics, does not focus on the end result but the motivation of the decision. In order to be ethical, decisions made bust be “from duty and not simply self-seeking.” This makes the decision a little clearer cut because as a CEO, it is Corzine’s job to turn a profit for the rest of the stakeholders in the company. He did have the intention of reversing MF Global into the black with his risky investment strategy. However, making 1.6 billion dollars disappear from the legal ownership of company investors was nothing but self-seeking. I can only argue that under Kantian ethics, business decisions regarding the intent to turn risky investments into company profits as very possibly ethical, but all other decisions regarding fund transferring as unethical.

Individualism
James Gidden, MF Global Trustee
I believe that Individualism ethics is the most interesting to look at in this case. The economic theory is summed up by the equation: individualism=egoism+rights-based constraints. In this sense, all of Corzine’s decisions are half ethical. His selfish sense of entitlement is apparent through his decisions in that he thought he could handle a high-risk level in a smaller market in order to turn a profit in the company. However, using others money in order to pursue company objectives is definitely illegal as well as the disappearing act of 1.6 billion dollars. Individualism also looks at the goal of all businesses as maximizing profit. Corzine made it clear with his high-risk attitude that he would do whatever it took in order to create a profit in the end. With the fact of profit involved, I would say his intentions were ethical from an individualism standpoint, but the high illegal content that they displayed to cause any defense of ethical behavior to be erased.

Virtue TheoryVirtue theory looks at the individual as good or not. Something that is good can be defined by 4 virtues in a business: courage, honesty, temperance, and justice. It also takes into account if the thing fulfills its duty well. As a CEO, Corzine caused a failing business to go into an unrecoverable bankruptcy, and eventually caused his own demise. He did not perform his job effectively from a business standpoint. He would be defined as medium courage and low honesty, temperance, and justice. He was not afraid to take risk to better the company, but his poor ideas caused these risks to actually be unethical actions. He also did not treat the investors fairly because he did not discuss the fund transfers with them before he performed his risky actions. He also had expectations that were far too high for the level of business that he was operating. There seemed to be a gap between reality and ambition that caused a lack of rationality in his decisions. Although he did work hard, his ideas were poor and he did not produce a quality environment or a profit in the course of his actions.

ConclusionAll in all, Corzine did not act ethically and caused the majority of stakeholders to suffer in his wake. There is really no explanation to defend the lack of ethics that he displayed with an outstanding billion+ dollars. He made many risky decisions with an intention to turn the company into a profitable one, but in the end, he turned a favorable small company into one known mainly for the controversy that he caused to surround it.



References
Lucchetti, Spector, Aaron, Mike. "The Unraveling of MF Global." Wall Street Journal 31 12 2011, n. pag. Web. 13 Feb. 2014.

O'Toole, James. "$1.6 billion in missing MF Global funds traced." CNN Money 24 04 2012, n. pag. Web. 13 Feb. 2014.

Salazar, Heather. Business Ethics and Virtue. Powerpoint Slides

Weil, Jonathan. "The Justice Department's MF Global Scandeal Dates to 1932." Bloomburg Politics 27 07 2012, n. pag. Web. 13 Feb. 2014.