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ANY AND ALL UNAUTHORIZED USE IS STRICTLY PROHIBITED.
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CHAPTER 10
The Underlying Role of Ethics
F
in Crisis Management
I
The
Internal
Landscape
The
External
Landscape
N
D
L
E
Landscape Survey
Strategic Planning
Y
Chapter 4: A Strategic
Chapter
, 6:
Approach to Crisis
OrganizaManagement
Chapter 2:
The Crisis
Management
Landscape
Chapter 3:
Sources of
Organizational Crises
Chapter 5:
Forming the
Crisis
Management
Team and
Writing the
Plan
tional
Strategy
and Crises
S
A
Crisis
R
A
Crisis Management
Chapter 7:
Crisis
Management:
Taking Action
When
Disaster Hits
Chapter 8:
Crisis
Communications
Organizational
Learning
Chapter 9:
The
Importance
of Organizational
Learning
Chapter 10:
The
Underlying
Role of Ethics
in Crisis
Management
5
3
Opening Case: Hawks Nest
1
9
In southern West Virginia, there is an engineering feat that few people know about
B
except for the locals and the tourists who happen to stop by the small roadside park
U about 3 miles long, that caroverlooking the project. It is an underground tunnel,
ries water from a dam to a small hydroelectric plant perched securely on the side
of a mountain. The purpose of the project was to supply electricity to the Union
Carbide plant, then located in Alloy, West Virginia, about 6 miles away. The tunnel
was built in the 1930s during the Great Depression, mostly by poor workers who
migrated to the area seeking employment (Cherniak, 1986).
The project itself was somewhat ingenious because it solved a problem faced
by Union Carbide. Additional electricity was needed to power its new plant, but
the prospects of supplying it with hydroelectric power appeared bleak because the
255
256
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
New River—one of only a few rivers in the United States that flows north—was
(and still is) a slow-moving, narrow band of water that does not have enough force
to power a hydroelectric plant in that location. The engineers came up with a clever
solution: construct a dam to build up water volume and then pitch it in a downward direction to give it force (Cherniak, 1986). A small hydroelectric building
with four turbines was positioned where the water emerged with great force from
the tunnel. The result was a facility that makes electricity to this day (Crandall &
Crandall, 2002).
But there is a darker side to this project. The tunnel contractor, Virginia engineering firm Rinehart and Dennis, drastically cut corners to save on project time
and expenses. Workers were required to enter the dusty tunnel to begin clearing
out the debris shortly after explosivesFhad been detonated. Although engineers were
supplied with respirators, those doing
I the manual labor were not. When silica rock
was encountered, the resulting fine dust that the explosion had created was inhaled
N
by the workers as they removed debris from the tunnel shaft. As a result, many of
D
these laborers developed silicosis, a debilitating
lung disease that eventually causes
death. This disease is avoidable if respirators
are
worn.
L
Rinehart and Dennis also used another cost-cutting measure: dry drilling. Wet
E
drilling should have been used to minimize dust levels. The downside is that wet
drilling slows the extraction process,Yunlike dry drilling, which is faster but creates
more dust (Orr & Dragan, 1981; Rowh,
, 1981). The additional dust associated with
the dry drilling, coupled with the lack of respirators, led to sickness in these workers.
The number of deaths attributed to the Hawks Nest Tunnel can only be
estimated because Social Security S
records did not exist at the time (Cherniak,
1986). The estimates vary depending
A on the source of information. Rinehart
and Dennis submitted a figure of 65 total deaths, whereas Union Carbide, the
R counted 109 fatalities. In his account
ultimate user of the Hawks Nest tunnel,
A Cherniak estimates a total of 764 deaths.
of the Hawks Nest incident, Martin
Regardless of the exact number, the figures are high relative to today’s standards
of industrial safety. As one might expect, the death estimates become more
5
conservative as the source of information
moves closer to the tunnel contractor
(Crandall & Crandall, 2002).
3
Although details about the Hawks
1 Nest Tunnel incident are not widely known,
a number of management scholars have taken an interest in studying the event
9 worker safety. It is a case involving excellent
because of the apparent disregard for
productivity (the tunnel was built inBonly 18 months), a racial element (many of
the workers were poor blacks), and a disregard for worker safety (requiring workU
ers to toil in the dusty tunnel without protection for their lungs). Two novels have
been written on Hawks Nest. Hawk’s Nest, by Hubert Skidmore (1941), was banned
because of pressure from Union Carbide (Nyden, 2009). Today, the book is back in
publication with a new publisher. A more recent novel, Witness at Hawks Nest, by
Dwight Harshbarger (2009), relies on academic research of the events of the time
to create the characters for his story.
Because this event occurred nearly 80 years ago, many might assume that serious safety concerns no longer exist, at least in developed nations like the United
States. Unfortunately, a mind-set of promoting profits over worker safety still exists
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Chapter 10. The Underlying Role of Ethics in Crisis Management
257
among some organizations, as seen with a recent example in the same state, the
unfortunate disaster at the Upper Big Branch mine near Beckley, West Virginia,
which resulted in the deaths of 29 miners in 2010. The numerous safety violations
and disregard for employee welfare by mine owner Massey Energy illustrate ethical concerns and a disregard for worker safety that have not yet been completely
eradicated in the United States. Ironically, the Hawks Nest Tunnel and the Upper
Big Branch mine are fewer than 50 miles apart!
Opening Case Discussion Questions
1. Why do you think there is so much discrepancy
on the number of reported
F
deaths at Hawks Nest?
I
2. Why would a once-reputable firm suchNas Rinehart and Dennis fail to take
the measures necessary to protect its workers?
D
3. Both Hawks Nest and the Upper Big Branch
L mine were underground work
locations. Does this have any significance in the hiding of safety violations?
E
If so, how?
Y
4. Why would a modern organization like Massey Energy repeat the legacy of
Hawks Nest by compromising worker ,safety?
S
A
Cherniak, M. (1986). The Hawk’s Nest incident: America’s worst industrial disaster. New York:
R
Vail-Ballou.
Crandall, W. R., & Crandall, R. E. (2002). Revisiting the Hawks Nest Tunnel incident: Lessons
A
learned from an American tragedy. Journal of Appalachian
Studies, 8(2), 261–283.
Opening Case References
Harshbarger, D. (2009). Witness at Hawks Nest. Huntington, WV: Mid-Atlantic Highlands.
Nyden, P. (2009, August 2). Novel offers personal look at Hawks Nest disaster. Republished
from the Charleston Gazette. Retrieved July 13,52012, from http://www.witnessathawksnest.com/nyden.html.
3 B. H. Metheney remembers Hawk’s
Orr, D., & Dragan, J. (1981). A dirty, messy place to work:
Nest tunnel. Goldenseal, 1(7), 34–41.
1 later. Goldenseal, 1(7), 31–33.
Rowh, M. (1981). The Hawks Nest tragedy: Fifty years
Skidmore, H. (1941). Hawk’s Nest. New York: Doubleday,
9 Doran and Co.
B
U
Introduction
There is an underlying problem in many of the crisis events discussed in this
book. This problem does not manifest itself in every crisis, but it is substantial
nonetheless. Why do seemingly preventable crises occur again and again? Sometimes
the answer can be found with a firm’s employees, particularly its managers and
top-level business executives and their desire to gain unfairly at the expense of
another party. Put simply, an unabated desire for profits without regard to sound
moral principles can trigger an organizational crisis. This problem appears in many
258
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
forms, but the results are usually the same: an organizational crisis of some type,
stakeholders who have been hurt, and prevention that would have cost pennies in
comparison to the damage done.
The Hawks Nest Tunnel incident was one of the first major industrial crises
in the United States. Although the tunnel was a remarkable success, the human
resource tragedy was enormous. The deaths of these workers were entirely preventable, but tunnel contractor Rinehart and Dennis decided that breathing
protection and other safety measures should be abandoned in order to maximize
profits. The contractor did not escape unscathed, however. Within five years of
the project, its assets were liquidated—a victim of bad publicity, lawsuits, and
loss of revenue.
F Church, Penn State, and Massey Energy are
In an age when Enron, the Catholic
more commonly known scandal-ridden
I organizations, why focus here on a human
tragedy that occurred more than half a century ago? The Hawks Nest Tunnel inciN
dent clearly illustrates the fact that some crises have human roots that can be traced
D
back to unethical or irresponsible behavior
by key decision makers. In addition,
such behaviors are not confined toLany specific time period in history. Humaninduced crises have always occurred and will continue to occur, an inescapable
E
reality. However, some organizations do a better job than others at avoiding these
Y ethical behavior among their members. This
types of crises because they emphasize
too, is an inescapable fact, and a cause
, for hope.
In this chapter we examine human-induced crises more closely, specifically
those linked to unethical behavior. The chapter begins with an overview of busiS stages of the crisis management framework
ness ethics. We then examine the four
and their relationship to crises thatAare caused by ethical breaches. The chapter
concludes with a note on the relationship of trust with a crisis.
R
A
What Is Business Ethics?
5
Business ethics examines issues of right
3 and wrong behavior in the business environment (Carroll & Buchholtz, 2012). Some business practices can be legal, but
1
are not necessarily ethical. Put differently, a business may be acting within the law,
but not necessarily doing the “right 9
thing.” Such behavior from a callous executive
might reveal statements such as, “Well,
B we didn’t break any laws,” or “Our job is to
maximize profits, period.” Such behavior can also get a company in trouble.
U
A related but distinct concept is corporate social responsibility (CSR), which
maintains that businesses should seek social benefits for society as well as economic
benefits for the business (Post, Lawrence, & Weber, 2002). The concept of CSR is
aligned with what has become known as the stakeholder model, a viewpoint that
seeks to recognize and meet a wide range of groups that have some type of connected interested in the organization. The goal is to balance the needs of the stakeholders in a way that is both beneficial to the organization and to the stakeholders.
This thinking is different from the shareholder model, which seeks value maximization for the owners of the firm. With the shareholder model, stakeholders are not
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Chapter 10. The Underlying Role of Ethics in Crisis Management
259
as highly valued as they are in the stakeholder model unless they have some bearing
on wealth maximization (Berman, Wicks, Kotha, & Jones, 1999). A simple example
illustrates this difference. When a firm has excess profits, it can choose to distribute those profits in a number of ways. Under the shareholder model, earnings can
be funneled back into the company to increase efficiency and productivity (and
hence future profits) and/or distributed to the owners in the form of dividends.
The shareholder model implies that the owners are to receive the top priority in
the distribution of these funds. Under the stakeholder model, excess cash may be
given to the local community (sponsoring a youth baseball team or a scholarship
at a local university), to the employees in the form of a raise or bonus, or perhaps
to upgrading the company’s technology so it is more environmentally friendly. The
Fgone to the owners went to some
point to remember is that cash that could have
other stakeholder instead. In terms of crisis management
and long-term viability,
I
it is important for firms to recognize the needs of multiple stakeholders (Alpaslan,
N
Green, & Mitroff, 2009).
D concepts of business ethics and
A popular framework for looking at the two
CSR is shown in Table 10.1. In this framework,L
proposed by Carroll and Buchholtz
(2012), CSR is made up of our four parts: economic, legal, ethical, and philanE
thropic responsibilities. Above all, businesses must meet their economic responsiYthe confines of the law.
bility by being profitable while operating within
,
Table 10.1
The Components of Corporate Social Responsibility
Component of
CSR
Key Thought to
Understanding
Economic
responsibility
Be profitable.
S
A
Manifestations
RMaximize sales revenues.
AReduce operating expenses.
Increase profits.
Maximize shareholder wealth.
Legal responsibility
Obey the law.
Ethical responsibility
Avoid questionable
practices.
5Abide by all legal regulations.
3Operate within industry standards.
1Maintain all contract and warranty obligations.
Go beyond just obeying the law; abide by the
9spirit of the law as well.
BAvoid practices that may appear to be
even if they are legal.
Ususpicious,
Do the right thing, and be just and fair to all
stakeholders.
Philanthropic
responsibility
Be a good corporate
citizen.
Make financial contributions to external
stakeholders in the community.
Seek to be a good neighbor in the community
by making it a better place to live.
Look for ways to support education, health or
human services, and the arts.
Source: Adapted from Carroll and Buchholtz (2012), pp. 37–38.
260
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
There is also a realm of business behavior that goes beyond obeying the law.
Ethical responsibility seeks to avoid behaviors that are questionable though not
necessarily illegal. Practically speaking, it is not possible to develop laws to prohibit
every unethical business activity. Consider also that many companies sell products
or services that are legal but are considered by many to be unethical in some contexts. Hartley (1993) documents the now-infamous PowerMaster Beer controversy
in which malt liquor, a legal product, was heavily marketed to poor urban areas,
markets in which crime and youth despair were prevalent. This combination created an unethical situation in the eyes of many community stakeholders, who saw
this product contributing to even higher crime problems in urban neighborhoods.
More recently, the mortgage crisis of the early 2000s that adversely affected an
F if individual lenders had simply refused to
entire industry could have been avoided
issue loans with terms that were likely
I to create a substantial repayment hardship
down the road for borrowers. To their credit, several lenders refused to issue such
N
profitable loans on ethical grounds, a high road not taken by most in the industry
D
(Parnell & Dent, 2009).
Finally, it can be argued that companies
L have a philanthropic responsibility: the
obligation to be good corporate citizens. Some seek to fulfill this responsibility by
E
contributing time and money to the communities in which they operate. Many
Y to school systems as well as colleges and
businesses make financial contributions
universities. Others encourage their,employees to volunteer in their communities
and will often compensate these employees for their time invested in civic causes.
Carroll and Buchholtz (2012) maintain that three CSR components—economic,
S tied in with business ethics. Considering
legal, and ethical—are also the most closely
organizational crises, it is clear thatA
many are comprised of one or more of these
components. In Table 10.2 we provide examples based on the assumption that
R
business ethics crises are motivated by a desire to gain financially at the expense of
another stakeholder. For example, atAthe heart of the economic component is the
need to make a profit for the business. Chief executive officers (CEOs) and other
top managers are especially cognizant of this need to increase profits because their
compensation is usually tied in with5how well the firm is performing financially.
But doing so without regard to morality
3 can result in breaking the law (the legal
component) or taking part in questionable
ethical practices (the ethical compo1
nent), both of which can result in organizational crises.
9
B
Business Ethics and the Crisis Management Framework
U
Many of the crises discussed in this section are examples of what have been
labeled “smoldering crises.” The Institute for Crisis Management (ICM) notes that
these crises start out small and can be fixed early on, but instead they are allowed
to fester until they become full-blown crises and known to the public (Institute for
Crisis Management, 2011). What makes some smoldering crises ethically induced is
that they do not have to occur in the first place. If such a crisis does occur, it can be
mitigated through ethical decision making, although not all executives will proceed
in this manner. Instead, some escalate the crisis by making additional unethical
decisions until the crisis spins out of control.
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Chapter 10. The Underlying Role of Ethics in Crisis Management
Table 10.2
261
Ethical Crises Components
The Basis for
an Ethical
Crisis
Ethical Crisis
Component
Examples of Crises
Legal: These
cases involve
behavior on the
part of company
employees that
violates the law.
Company misrepresents its accounting statements by
hiding debt, overstating profits, or other forms of fraud.
Examples:
• Tyco (late 1990s to 2002)
• Adelphia Communications Corporation (2002)
• Enron (2002)
• HealthSouth (2002)
F
• Qwest Communications International (2005)
• Bernie
I Madoff (2009)
Company knowingly sells a defective product. Examples:
N
• A. H. Robins Dalkon Shield (1984)
• Dow D
Corning silicone breast implants (1992)
Company
L falsely advertises its product. Example:
• Beech-Nut apple juice (1982)
E violates safety standards in the workplace.
Company
Examples:
Y
• Rinehart and Dennis (1930s)
,
• Warner-Lambert
Company (1976)
• Film Recovery Services, Inc. (1985)
• British Petroleum Texas City explosion (2005)
SPetroleum Deepwater Horizon explosion (2010)
• British
• Massey
A Energy (2010).
Ethical: These
cases involve
behavior on the
part of company
employees that
is questionable
but does not
necessarily
violate the law.
Company
R sells a product that is legal but not necessarily
beneficial to society. Examples:
• NestléAInfant Formula (1970s)
• PowerMaster Beer (1991)
• The tobacco industry (ongoing)
5
• Ashleymadison.com
(ongoing)
Company
3 outsources production to suppliers that impose
harsh conditions on their employees (e.g., sweatshops).
1
Examples:
• Discount
9 retail chains (ongoing)
• Clothing manufacturing companies (ongoing)
B
• Appliance manufacturing companies (ongoing)
Economic: The
basic motive is
a desire to gain
financially, often
at the expense
of another
stakeholder.
U
Note: Some of these examples may not be familiar. These will be examined in more detail in the Chapter
Exercise.
Sources: Adapted from Carroll and Buchholtz (2012); Coombs (2006, 2007); Hartley (1993); Sethi, and
Steidlmeier (1997).
A classic case of unethical decision making concerns the Beech-Nut apple
juice case, an example that also illustrates a smoldering crisis that should have
been stopped early on. During the late 1970s, Beech-Nut Nutrition Corporation
found out that it was the victim of a scam when it discovered the supplier of its
apple juice concentrate was selling it fake apple juice. This discovery was especially
262
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
troublesome because Beech-Nut advertised its apple juice as “100% fruit juice, no
sugar added.” Because of the bogus apple juice concentrate from its supplier, this
advertisement claim was not true. At that point, Beech-Nut could have reported
the incident, pleaded ignorance, and most likely escaped any prosecution because it
was an innocent victim (“Bad apples,” 1989; Hartley, 1993). However, this supplier
was providing its product at 25 percent below the market rate, and the cost savings
was too attractive for Beech-Nut executives to pass up.
Rather than ceasing to do business with its supplier, Beech-Nut chose to continue buying the counterfeit concentrate from them! From 1977 to 1983, Beech-Nut
sold its juice as 100 percent pure when, in fact, it was nothing more than a “100%
fraudulent chemical cocktail,” according to an investigator close to the case (Welles,
F a decision to change suppliers became an
1988, p. 124). What should have been
ethical misconduct crisis. Beech-Nut
I president Neils Hoyvald, and John Lavery,
vice president for operations, were the main parties who instigated the cover-up.
N
When the crisis was over, both men were found guilty of violating federal food and
D crisis that never should have happened cost
drug laws. Hartley (1993) estimates the
Beech-Nut $25 million in fines, legalLcosts, and lost sales.
Table 10.3 depicts the crisis management framework in relation to business ethics
E
issues. The next sections develop the four areas of the crisis management process.
Y
,
Landscape Survey:
Uncovering the Ethical Boulders S
A
The landscape survey looks for clues in the organization’s internal and external
R presence of an unethical event brewing.
environments that may indicate the
Potential crisis indicators include theA
ethical environment of the board of directors,
the safety policies of the organization, the economic motives among top executives
and management, the degree of industry vulnerability, and the vulnerability of the
5 These indicators are discussed next.
organization in the global environment.
3
1
The Company Founder, CEO, and the Board of Directors
9
The ethical environment of the B
organization is an indicator of the potential
for a future crisis. The founder of the company holds a considerable amount of
U
influence in forming this ethical environment. For example, Enron, WorldCom,
Adelphia, HealthSouth, and Tyco have all faced ethical scandals. What these firms
had in common was their founders, all hardworking entrepreneurs, were at the
helm when the crises hit (Colvin, 2003). Furthermore, those in charge of these
companies had at least three characteristics in common that led to the scandals.
First, these companies had not learned to question the founder or CEO when necessary. Rather, their CEOs were powerful individuals who seemed to answer to no
one. Second, an element of greed was apparent at the top levels of these companies.
It was as if an entitlement mentality prevailed, with those running the company
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Chapter 10. The Underlying Role of Ethics in Crisis Management
Table 10.3
The Internal
Landscape
The External
Landscape
263
Crisis Management Framework in Relation to Business Ethics
Strategic
Landscape Survey Planning
Crisis
Management
Organizational
Learning
The company
founder, CEO,
and the board of
directors
■ The safety
policies of the
organization
■ The economic
motives among
top executives
and management
■ The disconnect
between
organizational
mission and
existence
The
management
of internal
stakeholders
o Owners
o Employees
■
The
management
of external
stakeholders
Customers
Suppliers
Government
entities
Local
community
The media
■
■
■
■
The degree
of industry
vulnerability
The vulnerability
of the
organization
in the global
environment
■
■
■
■
The
enthusiasm
for crisis
management
planning and
training
The ethical
culture of the
F
organization
I
N
D
L
E
TheY
existence
of government
,
regulations
The existence
of industry
S
standards
A
R
A
■
■
o
o
o
o
o
■
■
■
The evaluation
of the ethical
management
process
The
commitment to
organizational
learning
The benefits of
industry renewal
The inevitability
of new
government
regulations
The anticipation
of new
stakeholder
outlooks
5
3
1
receiving extraordinary amounts of compensation because they felt they deserved
9 seemed to focus on short-term
it. Finally, all of these companies had leaders who
gains by increasing stock prices without regard
Bto the long-term sustainability of
the company. The link between CEO compensation and stock price is an underlyU
ing factor in many of the scandals that hit these big corporations (Colvin, 2003). As
stock prices increases, CEO compensation typically follows.
This factor presents the corporation with a dilemma. On one hand, CEO compensation should be linked to firm performance; on the other hand, this linkage can be abused
in favor of short-term performance versus long-term survival and growth. In response
to this quandary, some firms have favored the balanced scorecard approach (Kaplan &
Norton, 2001), an approach that has pushed the practice of accounting to track longterm as well as short-term performance results. Thousands of companies have now
adopted this approach in the United States and abroad (Parnell & Jusoh, 2008).
264
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
A major factor that has created this problem is the failure of boards of directors
to challenge the CEO (Zweig, 2010). As a result, more scrutiny of corporate boards
is starting to occur, with boards facing more accountability and disclosure mandates (Thorne, Ferrell, & Ferrell, 2003). The situation at WorldCom is an example
of a board that continually gave in to the desires of then-CEO Bernard Ebbers: “As
CEO, Ebbers was allowed nearly imperial reign over the affairs of the company with
little influence from the board of directors, even though he did not appear to possess the experience or training to be qualified for his position” (Breeden, 2003, p.
1). Two areas of questionable CEO freedom were requested by Ebbers and approved
by the board. The first involved the approval of the collection of $400 million in
loans, and the second a rubber-stamping of his request to compensate favored
F The arrangement was made without stanexecutives to the tune of $238 million.
dards or supervision and allowed Ebbers
I to compensate whomever he wanted and
in whatever amount he wished (Breeden, 2003). Ultimately, these schemes, along
N
with others, culminated in a crisis that resulted in the largest accounting fraud case
D
in the United States.
Crisis cases like WorldCom illustrate
L why boards have to be more than just a
rubber stamp for the CEO. In response, some boards are taking a more aggresE
sive approach to holding the CEO accountable for ethical behavior. Case in point:
Y lost his job after it was revealed he was
Boeing’s former CEO, Harry Stonecipher,
having an affair with another Boeing, executive (Benjamin, Lim, & Streisand, 2005).
The relationship violated company policy.
S
The Safety Policies of the Organization
A
The organization’s safety policies,Ror the lack of them, have a direct link to the
ethical climate of the organization. A
Ultimately, the adherence to such policies can
determine whether or not a major crisis occurs. An ethical stance on the part of
management promotes an environment in which all stakeholders (particularly
employees) are safe from bodily and5emotional harm. However, as every manager
and top executive knows, safety costs3money and can detract from the bottom line
in the short run. In the long run, though, these expenditures can save the company
1
millions and maybe even the company itself.
9
In looking back at industrial accidents,
organizational researchers have never
reached a conclusion that indicatedBthat too much money was spent on safety
(Crandall & Crandall, 2002). In fact, executives who have experienced a safety issue
U
such as an industrial accident resulting in injuries or deaths probably wish they
had spent more. For example, in the 1983 Bhopal, India, gas leak incident, Union
Carbide and local government officials in India should have focused more on correcting safety problems that had already been widely documented at the plant prior
to the accident (Sethi & Steidlmeier, 1997; Steiner & Steiner, 2000).
Safety measures involve short-term expenses but produce long-term savings
by avoiding accidents. Hence, well-crafted remedies need not always be viewed
as expensive. Money spent to prevent employee injury and death is not money
wasted; it may well save the company millions in lawsuits, as well as the company’s
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Chapter 10. The Underlying Role of Ethics in Crisis Management
reputation, not to mention the saving of human lives. The Hawks Nest Tunnel
contractor, Rinehart and Dennis, could have implemented at least three relatively
low-cost measures—better ventilation of the tunnel shaft, wet drilling, and providing respirators for workers—to make working conditions safer and thereby
prevent workers from developing silicosis. While it is difficult to determine the
exact cost of these measures, it is clear that they would have saved many lives. A
focus on safety would have also likely prevented the downfall of the company that
occurred within 5 years of completing the tunnel.
The Economic Motives Among Top Executives and Management
F
Economic motives are often linked to unethical
I and illegal behavior on the part
of top management. The reason for this behavior is easy to see. Management comN
petence is measured by key performance indicators such as sales, profits, and marD of the company’s stock. Boards
ket share, all of which can ultimately drive the price
of directors typically reward the CEO when Lstock valuations increase, because
this represents an increase in wealth for the shareholders. At first, this scenario of
E a win-win situation, but as many
rewards for stock valuation increases sounds like
Ythat ultimately are not in the best
recent business crises indicate, abuses can occur
interest of the corporation or its stakeholders. Two
, such abuses are hiding debt and
questionable cost-cutting measures.
S
A
Hiding debt creates the illusion that the firm is performing better than it actuR and confidence. The result is
ally is, thereby encouraging a false sense of optimism
that stock prices rise in the short term, and shareholder
values increase. The CEO
A
Hiding Debt
is also rewarded because of the firm’s attractive stock price. However, this process
is motivated by an attempt at excessive financial gain at the expense of other stake5 which the company resides. In the
holders, such as employees or the community in
short run, this unethical strategy can produce3financial benefits for the CEO and
the shareholders. In the long run, however, it is a prescription for a major crisis.
1
Enron remains the poster child for this abuse when the company spiraled down9 became known. Enron’s debt was
ward after its elaborate schemes for hiding debt
hidden through an accounting strategy knownBas “off-balance sheet” partnerships
called special purpose entities (SPEs). These partnerships were allowable under
U
accounting loopholes at the time and were initiated by then-chief financial officer
(CFO) Andrew Fastow. The SPEs were actually joint ventures with various groups
of investors, but because they were separate entities they were not part of the Enron
balance sheet. The sole purpose of these SPEs was to remove unwanted assets and
liabilities from Enron’s balance statements (Boatright, 2012).
The structures of SPEs have trigger mechanisms that require repayment of the
debt under certain circumstances (Henry, Timmons, Rosenbush, & Arndt, 2002).
It was these trigger mechanisms that began the “visible” crisis at Enron. That crisis
became known with the October 16, 2001, announcement that Enron was taking a
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266
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
$544 million after-tax charge against its earnings related to transactions involving
its SPEs (Powers, 2002). The result was a third-quarter loss of $618 million and a
$1 billion reduction in the company’s asset value. From that date, the implosion
of Enron was rapid and dramatic. Enron’s stock price fell from $33 on October 16
to $15 on October 26. On December 2, Enron laid off 4,000 employees and filed
for bankruptcy. Only a year earlier, Enron had been touted as a socially responsible firm leading the way in alternative energy, ranking the seventh largest on the
Fortune 500 list with a stock price of $90 (DesJardins, 2009). The downfall of Enron
later paved the way for the Sarbanes-Oxley Act and other regulations.
Questionable Cost-Cutting Measures
F
Questionable cost cutting is theI other abuse that can arise from unethical
motives. Such cost cutting is the profit motive at work and will cause some managN
ers to do just about anything. Trimming costs delivers dollars to the bottom line,
D safety has resulted in many examples of
but doing so without regard for worker
industrial tragedies. In 1976, when Warner-Lambert
was introducing a new line of
L
chewing gum, it took shortcuts in the manufacturing area by allowing high levels
E
of dust near the machinery. The company
could have installed a dust collection
Y dust levels significantly. The cost was seen
system, a move that would have reduced
as prohibitive, however, so the opportunity
to buy the system was ignored. The
,
result was a dust explosion that killed six employees and injured 54 others (Sethi
& Steidlmeier, 1997).
Although cost cutting is a normal S
and necessary business activity, it was the major
factor in the many deaths that resultedAfrom building the Hawks Nest Tunnel. The use
of dry drilling to expedite the project time was discussed earlier. Shortening the projR the bottom line. The decision not to provide
ect time reduces expenses and increases
tunnel workers with respirators is especially
A troubling. The only explanation for this
seems to be the additional cost that would have been incurred.
The Hawks Nest incident illustrates the connection between ethical decision
5 for—and protecting worker safety. Perhaps
making—doing what is just and fair
the most famous abuse of worker safety
3 in the United States was the 1911 Triangle
Shirtwaist Company fire that occurred on the 10th floor of a factory in New York
1
City. The fire spread rapidly due to the large amounts of linen and other com9 forty-six employees died, most of them
bustible materials close by. One hundred
immigrant women who were either B
burned in the blaze or jumped to their deaths.
Sadly, the fire escape routes for these employees had been locked by management
U
in order to prevent theft (Greer, 2001; Vernon, 1998). Some may argue that revisiting cases like Hawks Nest and the Triangle Shirtwaist fire is not necessary today.
After all, labor unions, labor laws, safety inspectors, and various watchdog groups
discourage this kind of behavior (Shanker, 1992). Unfortunately, history has a way
of repeating itself.
On September 3, 1991, a fire erupted at the Imperial Food Products poultry
plant in Hamlet, North Carolina. A hydraulic line ruptured, spilling a flammable liquid throughout the kitchen. The vapors from the line were ignited by the
gas burners from the flying vats, creating a large fire in the 30,000-square-foot
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Chapter 10. The Underlying Role of Ethics in Crisis Management
plant (Lacayo & Kane, 1991). Before the day was over, 25 employees, most of
them single mothers, would perish. “The plant had no sprinkler or fire alarm
system, and workers who got to the unmarked fire exits found some of them
locked from the outside. Imperial’s management was using the same ‘loss control’ technique as the bosses at Triangle—and with the same results” (Shanker,
1992, p. 27). Many of the victims, unable to open the locked fire exits; died in
a cluster by the doorway. Others were found in a freezer where they had sought
refuge. The owner claimed that the fire exit doors had been locked to prevent
theft of the chickens.
An $800,000 labor code fine was levied against the company. Fourteen months
after the fire, a $16 million settlement was reached between the insurers and the
F to 20 years in prison after pleadclaimants. Plant owner Emmet Roe was sentenced
ing guilty to manslaughter (Jefferson, 1993). Eventually,
Imperial went bankrupt.
I
As these examples illustrate, unchecked greed comes in various forms and can hurt
N
other stakeholders in the process.
D
L
The Disconnect Between Organizational Mission and Existence
E
Y
At this point in our discussion, a more philosophical
question should be raised
concerning the organization’s mission: Does the
organization
exist for its mission,
,
or does the mission exist to guide the organization? The mission should clarify
the purpose for the organization’s existence (Parnell, 2013). Some organizations
S a situation that can lead to ethiseem to lose touch with their missions over time,
cal breaches.
A
Schwartz (1990) noted that an organization can exist to do work (its misRobservation is not just a play on
sion), or it can do work in order to exist. This
A area of managerial ethics. For
words but has tremendous implications in the
example, Barth (2010) notes that the Catholic Church operated in this mode
early in its crises concerning priests who were sexually abusing children. The
5 its structure than with protectchurch seemed more interested in protecting
ing the children who were victims. Rather than
3 removing the predatory priests
altogether, the church chose merely to transfer
1 many of them to other parishes.
Whether intended or not, the Catholic Church was communicating that the
9 the people they were appointed
careers of the priests were more important than
to serve. A disconnect between the organization’s
B mission and the reason for its
existence had occurred.
U
In the business sector, there can be a similar disconnect between a corporation’s
top management and the firm’s shareholders. The result is called the agency problem and occurs when managers (i.e., the agents of the shareholders) place their
personal goals over those of the owners (Parnell, 2013). For example, Enron’s CFO
Andrew Fastow benefited greatly from his involvement in the SPE transactions.
The Special Investigative Committee of the Board of Directors at Enron noted:
Enron employees involved in the partnerships were enriched, in the aggregate,
by tens of millions of dollars they should have never received—Fastow by at
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
least $30 million, Kopper by at least $10 million, two others by $1 million
each, and still two more by amounts we believe were at least in the hundreds
of thousands of dollars. (Powers, 2002: 3–4)
Andrew Fastow and Michael J. Kopper were identified as active participants
in managing the SPEs. Both gained considerably as a result of activities that were
ultimately detrimental to Enron. Agency theory illustrates how some in top management view themselves as independent contractors, free to do whatever they wish
for their own self-interest.
The Degree of Industry Vulnerability
F
I
Some industries seem to be more crisis prone from an ethical perspective.
Nand baseball have had a history of steroid
For example, professional wrestling
use. Professional cycling, particularly
D with events like the Tour de France, has
faced charges of performance-enhancing drugs among participants. The coal
L
mining industry has a long history of sacrificing miner safety. Indeed, the
United Mine Workers of America E
(UMWA) has a history of being one of the
most aggressive unions in existence,Ydue mostly to the abuse of coal miners who
have been subject to unsafe working conditions by the mine owners. Certainly,
,
coal mining safety has improved in recent years, but rogue coal companies still
seem to exist.
Looking through the lens of “ethical
S rationality” (Snyder, Hall, Robertson,
Jasinski, & Miller, 2006), the challenge is to determine whether an industry is more
A
vulnerable to a crisis because of a higher degree of unethical occurrences. The link
R unethical behaviors has not been as widely
between industry-specific factors and
addressed, although some attentionAhas been focused on aircraft manufacturers.
Both Lockheed and Northrop were found to have made improper cash payments
to overseas sales agents in the 1970s in order to secure contracts to sell aircraft
5 1976). More recently, Boeing has been
(Securities and Exchange Commission,
plagued by a number of ethical problems,
perpetuated by what has been called
3
a “culture of silence” by Boeing general counsel Douglas Bain. The culture stems
1
from a lack of speaking up on ethical issues, a problem that has plagued the com9 (Holmes, 2006).
pany for a considerable amount of time
B
U
The Vulnerability of the Organization
in the Global Environment
As a firm expands its international presence, its vulnerability to an ethical
crisis may also increase. Three reasons for potential ethical problems include the
temptation to make illegal cash payments, the possibility that a defective product
will emerge from a foreign country, and the potential to be linked with sweatshop
manufacturing.
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Chapter 10. The Underlying Role of Ethics in Crisis Management
The Temptation to Make Illegal Cash Payments
Major scandals often result in new legislation. As a result of the Lockheed
bribery scandal, the Foreign Corrupt Practices Act was passed in 1977 (Hartley,
1993). The act prohibits offering cash payments to foreign government officials
for the purpose of obtaining business. In addition, foreign companies whose stock
is traded in the United States are subject to review by the Department of Justice
(Carroll & Buchholtz, 2012). Critics often complain, however, that the act places
American firms at a disadvantage when competing for foreign contracts in countries where legal infrastructure requiring that all companies play by the same rules
does not exist. In many parts of the world, offering bribes is an accepted way to
conduct business. To further complicate the matter,
F the act does allow some cash
payments, called “grease payments”—smaller amounts of cash used to encourage
I
foreign officials to do what they are supposed to do anyway (Carrol & Buchholtz,
N payment used to entice a foreign
2012). A “bribe,” on the other hand, is a large cash
official or agent to do something not normally D
done in the course of business, such
as buying from a particular vendor.
L
As companies expand globally, the temptation to use illegal cash payments
increases. Wal-Mart recently found this out E
in its expansion efforts in Mexico.
An April 22, 2012, New York Times article broke
Y the case involving bribe payments by Wal-Mart management in Mexico. The trigger point for the crisis was a
,
2005 e-mail to Wal-Mart headquarters sent by a former Wal-Mart executive who
had arranged a number of bribe payments to help facilitate the company’s development in the Mexican market. The formerSexecutive, Sergio Cicero Zapata,
had worked for Wal-Mart until 2004 in the company’s real estate development
A
department (Barstow, Xanic, & McKinley, 2012). Two retirement systems, the
California State Teachers Retirement System R
(CalSTRS) and the New York City
Pension system, have sued Wal-Mart for mishandling
the bribery allegations and
A
covering up the details of the investigations (“NYC pension funds,” 2012).
5
The Possibility That a Defective Product
Will Emerge From a Foreign Country3
1
Two problems result when a defective product emerges from another country.
9 Mattel found this out in 2007
First, the product itself can pose a danger. Toymaker
when it had to recall more than 22 million toysB
manufactured in China due to high
levels of lead and other toxins (Barton, 2008). U
What makes this case noteworthy is
that Mattel has a long history of safety and social responsiveness. In fact, Mattel
owns and operates its factories in China. However, one of its plants either violated
a policy by using the lead-laden paint or a supplier provided the paint unknowingly
to Mattel (Hartman & DesJardins, 2011).
Second, a foreign-sourced defective product can lead to negative feelings by
citizens in the home country. Because many U.S. manufacturing jobs have been
lost to foreign sourced companies, a defective product that emerges on the market
is a reminder that the product could have been made back in the home country
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
instead of being outsourced, presumably without any quality concerns. The result
is a public relations crisis for the home country company because citizens may feel
resentment for offshoring in the first place.
The Potential of Being Linked With Sweatshop Manufacturing
Companies that outsource processes to overseas vendors may face potential
association with sweatshops—manufacturing facilities that pay low wages, employ
child labor, have poor working conditions, require long work hours, and otherwise
abuse their workers. Their use has increased as companies seek to lower costs but
can also cause companies to be hit with public relations crises. Wal-Mart, Nike, Liz
F
Claiborne, and Disney are large, high-profile
companies that have been linked with
sweatshops in the past.
I
Sweatshops are the ultimate “guilt by association” crisis. Although some progN
ress has been made in recent years to improve working conditions in developing
D anytime soon. Although a company can
countries, the issue will not go away
“require” its subcontractors to abideLby certain working condition standards, the
enforcement of these standards can be difficult. Typically, independent monitors
E in plants that are supposed to be comare sent to investigate working conditions
Y this system is not foolproof, as inspectors
pliant with certain standards. However,
can be deceived by the very companies
, they are inspecting. One inspector related
how pregnant employees were hiding on the roof of a facility in Bangkok during
inspection visits. Another company coached employees on how to answer questions
posed by an inspector. The strategySwas meant to communicate to the inspector
that everything was fine at the plantA
(Frank, 2008).
Despite inspection monitoring, even companies with good ethical reputations
R clothing from the retail chain The Gap was
can encounter problems. In 2007, some
traced back to sweatshops in India. A
In this example, children as young as 10 years
of age worked 16 hours a day to produce the garments (Hansen & Harkin, 2008).
5
Strategic Planning:
3
Confronting the Ethical Boulders 1
9
The strategic planning process should generate initiatives to improve the ethical cliB
mate of the organization. Improving this climate can reduce the company’s vulnerU efforts should be directed to generating
ability to an ethics-related crisis. Specific
enthusiasm for crisis management and training, focusing on the prevention of ethical breaches, and abiding by both government regulations and industry standards.
The Enthusiasm for Crisis Management and Training
Neglecting to prepare for a crisis is in itself an ethical problem. Unfortunate
events can occur to an organization at any time, and the company’s stakeholders
expect that it will have a plan to meet these crises. The lack of a crisis management
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Chapter 10. The Underlying Role of Ethics in Crisis Management
plan (CMP) and the subsequent training that accompanies it will only draw negative perceptions from employees, suppliers, customers, government agencies, and
the general public when a crisis does occur. Nobody thinks favorably of an organization that was not prepared.
Simply forming a crisis management team (CMT) and generating a crisis plan is not
sufficient. Enthusiasm for the crisis management process and the accompanying training must also be present. For this reason, the organization should seek a crisis management champion from within who will spearhead the process of building an ongoing
crisis management program. If the organization is new to crisis planning, an outside
consultant should be retained to help the CMT write its first plan. It goes without saying that top management should always support the firm’s crisis management efforts.
F
I
The Ethical Culture of the Organization
N
The best approach to dealing with an ethicalDcrisis is to prevent it from happenL seeks to address events in the
ing in the first place. An ethical rationality approach
life of the organization from a morally drivenE
response perspective (Snyder et al.,
2006). However, to a great extent the organizational culture dictates how ethical or
Y (Heineman, 2007; Vallario, 2007).
unethical decision making will be in the company
For this reason, a cultural change in the organization
,
is also necessary to improve
ethical decision making. Changing the culture of an organization requires unseating the deep thought patterns that have prevailed in previous years, particularly if
those patterns of behavior are unethical. Even S
Enron had a code of ethics, but the
culture of the company overshadowed the significance
of that code. Likewise, the
A
failed accounting firm Arthur Andersen produced
an
ethics
video series once used
R
in U.S. business schools (Fombrun & Foss, 2004).
Changing the culture of an organization is a A
large undertaking; culture is, after all,
the prevailing belief system within the organization. Some cultures simply look the
other way when an ethical breach occurs, whereas others are committed to ethical stan5
dards in any business decision. All cultures look to upper-level management for cues
to right and wrong behavior in the organization3
(Trevino, Hartman, & Brown, 2000).
Table 10.4 overviews the best practices companies1take to change their ethical cultures.
9
B
The Existence of Government Regulations
U
Government regulations exist to protect employees, consumers, and the local
community. Unfortunately, such regulations can sometimes be sidestepped by
businesses, which can lead to catastrophic outcomes in the future. Ignoring regulations is a decision, one that is conscious and deliberate. Many organizations find
themselves in trouble with government regulations because of unethical or illegal
decisions made by management or other key employees.
In 1997, the Andrew & Williamson Sales Company sold strawberries grown in
Mexico to the U.S. Department of Agriculture (USDA). However, there was a major
problem with this deal. The USDA distributes food to public school systems, and
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272
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
Table 10.4
Best Practices Organizations Take to Change Their Ethical
Cultures
Measure Taken
Description
Installing a code of ethics
Organization-wide ethical principles and
behaviors are outlined in a pamphlet or manual.
Managers and employees review the code on
a regular basis and sign it, indicating their
willingness to abide by the code.
Implementing ethics
training
Short classes and workshops that highlight ethical
issues and how to respond to them are offered to
employees.
F
Providing an ethics hotline Employees
I have a person or department within
their organization to whom they can report ethical
N A hotline can also offer guidance on
violations.
specific
Dethical issues an employee may be facing.
Requiring that top
Executives
L in top positions in the company—the
management articulate and CEO, president, and vice presidents—need to
set the ethical example
realizeEthat lower-level managers get their cues on
ethicalYmatters by watching those higher up. Thus,
top managers are encouraged to model the right
,
example.
Requiring managers to
attain realistic, but not
impossible goals
Goals set for managers are well conceived and
realistic.
S Unrealistic goals encourage unethical
decision making because managers may feel they
must A
cut corners to attain the goal.
Disciplining for ethical
violations
WhenR
an ethical violation is discovered, the
company works quickly to correct the situation
A
and punish the person responsible.
Scheduling regular ethics
audits
As in a financial audit, the company periodically
checks5itself in a systematic manner to see if it is
following proper ethical guidelines in its business
3
processes.
Appointing of chief ethics
officers
Ethics1officers who serve in top management are
being9
used in some larger companies. Such officers
may report directly to the CEO and the board of
B Their charge is to promote the ethical
directors.
standards
U of the organization and to monitor
employee concerns.
Sources: Carroll and Buchholtz (2012); Fombrun & Foss, C. (2004), 284–288; Post
et al.(2002).
government regulations require that strawberries sold to these school systems be
grown in the United States. As part of a cover-up, Andrew & Williamson submitted
falsified certificates of origin that indicated the strawberries were grown domestically (Salkin, 1997). Although the company thought its deed would go unnoticed, a
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Chapter 10. The Underlying Role of Ethics in Crisis Management
major health crisis soon erupted. A number of public school students in Michigan
were stricken with hepatitis A, and the ailment was linked to the strawberries sold by
Andrew & Williamson. Eventually outbreaks of the hepatitis A strain resulted in 213
cases in Michigan, 29 in Maine, and seven in Wisconsin (Entis, 2007). What started
out as an illegal scheme to move excess inventory out of the warehouse resulted in a
major crisis across a number of states. When the ordeal ended, Frederick Williamson
resigned as president and was sentenced to 5 months in prison, followed by
5 months of home detention. The company was also forced to pay $1.3 million in
civil damages, as well as $200,000 in criminal penalties (Entis, 2007).
In the Hawks Nest project, Rinehart and Dennis ignored existing regulations if
these slowed down the construction of the tunnel. For example, wet drilling was the
F levels to a minimum (Cherniak,
required practice because this procedure kept dust
1986; Tyler, 1975). Testimony before the U.S.I Congress revealed that employees
were posted to watch for incoming mine inspectors (Comstock, 1973). When the
N
arriving inspectors were “announced,” wet drilling would begin until the inspectors
D to expedite extraction.
had left the area. Dry drilling would then resume
L
E
The Existence of Industry Standards
Y
, for their members to follow. The
Industry standards are often set by associations
intent is to set guidelines concerning a particular practice, such as quality control or
safety adherence. These guidelines are then adopted by companies in the industry
S (Vernon, 1998). Such efforts have
association as the minimally acceptable standard
also been referred to as self-policing (Becker, A
2006) or self-regulation (Hemphill,
2006). Certain professions—including physicians,
R attorneys, college and university
professors, engineers, pharmacists, and accountants—also have standards for their
A
members.
Guidelines for ethical conduct can be proposed by industry associations. In
2001, an industry group of 14 Wall Street firms
5 established ethical conduct standards governing compensation and stock ownership for analysts. This move was
3 Goldman Sachs, Merrill Lynch,
prompted by some of the industry leaders, including
and Morgan Stanley Dean Witter, to address emerging
ethical problems (Carroll &
1
Buchholtz, 2003). In another example, Financial
9 Executives International (FEI)
requires all of its members to review and sign a code of ethics. They also recomB copy to the company board of
mend that the financial executive deliver the signed
directors. FEI has become a model for companies
U seeking to comply with SarbanesOxley and New York Stock Exchange mandates (Vallario, 2007).
One caveat should be offered concerning industry standards. Requiring that
member companies have a code of ethics is a step in the right direction, but it
does not ensure all companies will have leaders who always make ethical decisions.
Enron’s 62-page code of ethical conduct was not an ingrained part of the Enron
culture (Becker, 2006). In a similar vein, many clothing retailers maintain an “ethical sourcing” or “compliance monitoring” link on their company websites, suggesting that they monitor the actions of their foreign suppliers (Frank, 2008). However,
compliance can be a game, as one sweatshop inspector noted:
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
The simplest way to play it (the game) is by placing an order with a cheap supplier and ending the relationship once the goods have been delivered. In the
meantime, inspectors get sent to evaluate the factory—perhaps several times,
since they keep finding problems—until the client, seeing no improvement
in the labor conditions, severs the bond and moves on the next low-priced,
equally suspect supplier. (Frank, 2008, p. 36)
According to this sweatshop inspector, some companies can promote ethical
sourcing because they use monitors but can continue to purchase from suspect factories, one after another, each time claiming the factory was deficient and severing
the tie. With so many substandard factories to choose from, the game need not end.
F
I
Crisis Management: Further
N
Considerations During an Ethical D
Crisis
L
A crisis should be managed in an ethical manner. “Decision-makers who underE
stand the needs of a wide range of stakeholders
as part of their strategic decisionmaking will make more ethical decisions
Y during a time of crisis” (Snyder et al.,
2006, p. 376). Thus, ethical rationality
, is a habit that must be ingrained in the
culture and daily operations of the organization (Fritzsche, 2005). Ethical rationality involves the careful management of the organization’s internal and external
stakeholders throughout the crisis. S
A
The Management of InternalRStakeholders
A
Employees and owners are the internal stakeholders who must be managed with
integrity when a crisis occurs. Typically, it is the crisis communication function that
should be approached in an honest,5straightforward manner. Employees are often
forgotten in the ordeal. It is important
3 they receive truthful and timely information
updates as the crisis progresses.
1
As for the owners, it should be acknowledged that the crisis may manifest itself
in the form of financial loss. If the 9
shareholders are geographically dispersed, the
impact of the loss may not be felt until
B quarterly reports are distributed months
after the crisis commences. Likewise, if the company is incorporated with many
U
stockholders, then they, like the employees, may be left in the dark on the details
of the crisis at hand. This is not ethical. When the news is bad, the company has an
obligation to inform its employees and owners as to what has happened and what
is being done to address the crisis.
The organization’s website as well as social media tools can be used to communicate with these stakeholders. Updates on the state of the crisis should be
made on a regular basis. In addition, the organization should use its managers
and supervisors to communicate the details of the crisis to employees. To supplement this type of communication, an organization-wide memo or letter should be
circulated to all employees. In addition, face-to-face meetings with employees are
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Chapter 10. The Underlying Role of Ethics in Crisis Management
275
always advisable; these provide opportunities for questions and answers, which in
turn provide information that can clarify misunderstandings or rumors that may
be circulating about the crisis.
The Management of External Stakeholders
External stakeholders include customers, suppliers, government entities, the local
community, and the media. As with internal stakeholders, the ethical approach is to
make sure that communication to these groups is honest and timely. For example,
if the crisis is an untrue rumor, it should be addressed quickly and stated that it is
F organization’s website can be an
untrue (Coombs, 2007; Gross, 1990). Again, the
excellent vehicle for updated information on the
I latest developments of the crisis.
Setting up a link on the website that directly addresses the crisis is a good practice.
N
Management should also take advantage of Twitter, a social media tool. With
D to its followers on an update to
Twitter, the company can send a quick message
the crisis. The messages can be linked back to L
the company’s website, where more
detailed information on the crisis can be accessed. In addition, Twitter hashtags can
E tweets on a topic related to the
be created to help readers sort through the previous
Y
crisis (Deveney, 2011).
,
Organizational Learning:
S Lessons From the Ethical Crisis
A
R
Recovering from an ethical crisis requires a commitment
to pursue better behavior in the future. But not all individuals involved
A will take responsibility for their
actions, and some of them will pay for their actions with prison time. Collectively,
the organization must also speak with one voice and make it plain that it proposes
to remedy the problems that led to the ethical 5
incident to begin with, and to continue with aboveboard behavior in the future. 3
1
9
The Evaluation of the Ethical Management
Process
B
Organizations guilty of moral lapses are usually caught in the process. Unlike a
U
crisis brought on by a natural disaster (e.g., earthquake, torrential weather, or some
other act of nature), when the organization is an obvious victim, an ethical crisis
generates little public sympathy. Furthermore, sentiments often run against the
company, even if it is not to blame for the crisis. For example, if damaging weather
hits a company warehouse and knocks out its storage and operations, some critics
will still question why the company was not more prepared.
Ethical decision making not only anticipates how to handle the crisis but how to
address the organization’s critics as well. This observation is why Bertrand and Lajtha
(2002) noted that every crisis can be interpreted as a sign of a loss of trust. In this
example, stakeholders lose trust in the organization when something unfortunate
276
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
occurs, whether or not it was caused by the organization. This is not a pretty scenario,
but it is real. To witness this phenomenon, simply watch the comments section of any
major online news website. Critics frequently emerge to blame just about anyone for
a given calamity. When a company is in the midst of a crisis, it will often be perceived
by others as blameworthy, even if it did not cause the crisis at hand.
Because some stakeholders respond to with a loss of trust in the organization,
management should acknowledge the various viewpoints that exist in the external
environment. Certainly, many people in society have a strong distrust for corporate
America in general, perceiving that companies will do whatever it takes to increase
sales and make a profit. Unfortunately, the actions of some firms appear to justify this
perception. Not surprisingly, many will be critical of a company when it is faced with
a crisis regardless of whether or notF
the firm is at fault. Other stakeholders will be
more rational and will see the crisis from
I a more realistic perspective. In their minds,
the organization may not have experienced an unfortunate negative event. Either way,
N
company management needs to communicate that it is doing everything it can to
learn from each crisis and to improveD
at making ethical decisions in the marketplace.
Of course, management should not L
only communicate this message—the message
should be sincere. Again, the external stakeholders are trying to rationalize this quesE
tion in their minds: “Can we trust the company?”
Y
,
The Commitment to Organizational Learning
S of organizational learning after a crisis.
Chapter 9 focused on the process
Crises involving ethical breaches should
A not be repeated. Once an ethical crisis
has been resolved, the organization must commit itself to a learning process that
R
seeks to avoid repeating the mistake. Unfortunately, crisis management history
A to a “defense-and-attack” mode (Nathan,
teaches us that some companies resort
2000, p. 3), a tactic that in itself is unethical. The A. H. Robins company used this
tactic to discredit the victims who used the Dalkon Shield, a contraceptive device
5
that was surgically inserted into the uterus. When recipients of the Shield became
3 the victims and questioning their sexual
sick, the company resorted to attacking
practices and partners (Barton, 2001;
1 Hartley, 1993). This is no way to fight a
crisis, and A. H. Robins paid dearly in the end by enduring an endless onslaught
9
of consumer lawsuits.
B
It is also not appropriate for a company
to attack its suppliers publically as the
cause of the problem. While the problem
U may be traced to a supplier, positioning
the company in a way that appears to avoid responsibility only displaces the blame.
Some critics will always respond by saying, “Well, then why did you use that supplier to begin with?” Again, if crisis are an issue of trust, then the public is asking,
“Can we trust you as a company to tell us the truth?”
What is expected by both internal and external stakeholders is a commitment
by the company to “get it right” by abiding by the law and staying within ethical
guidelines. This learning process may involve a number of measures, including getting rid of the executives and managers who caused the problem in the first place.
New controls may need to be implemented as well.
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Chapter 10. The Underlying Role of Ethics in Crisis Management
The Benefits of Industry Renewal
Some industries seem to have more problems with ethical matters than others.
This statement may sound odd, given that people, not industries, commit unethical
acts. But some industries have had more “experience” in this area than others. The
tobacco industry certainly falls in this category. Many question the ethics of selling
a product that causes serious health problems. The tobacco industry maintained
for years that cigarettes were not harmful, even though illnesses from tobacco
represented a heavy burden on the health care system. In 1998, however, 46 state
attorneys general reached an agreement with the five largest tobacco manufacturers in the United States. The settlement required the companies to pay billions of
F to alleviate the burden on the
dollars to the state governments each year, ostensibly
state health care systems (Thorne et al., 2003). I
In terms of industry renewal, there has been aN
decline in tobacco advertising aimed
at youth and teenagers, a problem that existed during the Joe Camel advertising days
D
in the late 1980s and 1990s. Joe Camel was a recognizable
character that appeared in
advertisements for Camel cigarettes, a product manufactured
by R. J. Reynolds (RJR).
L
Unfortunately, the character was recognized by minors
as
well.
One study found that
E
among children between the ages of 3 and 6, more than half could associate the Joe
Y The Joe Camel campaign lasted
Camel character with a cigarette (Shapiro, 1993).
from 1987 to 1997, a time during which underage
, smoking increased. In 1997, the
Federal Trade Commission (FTC) asked RJR to remove the character from any venue
where it might be seen by a child (Carroll & Buchholtz, 2012). RJR complied, thus
S
beginning a period of industrial renewal in the tobacco
industry.
The catalyst for industry renewal in the tobacco
A industry was ultimately a push
from state governments. However, some industries have attempted to change their
R
ethical problems before the government has had a chance to intervene. Marketing
A
practices within the pharmaceutical industry represent
one example of an industry
establishing its own reforms. Prior to these reforms, gifts and other incentives were
frequently lavished on physicians by representatives advocating the use of their
5
company’s drugs (Hemphill, 2006). The intent was to influence the prescription
3 means to achieve this goal was of
process, which in itself was not unethical, but the
growing concern. In response, the American Medical
Association (AMA) adopted
1
ethical guidelines in 1990 on gift-giving practices. The initial responses were
9
positive, but, as Hemphill (2006) noted, a reappraisal of pharmaceutical marketing
B
codes of conduct needs to be performed.
U
The Inevitability of New Government Regulations
After a major crisis, the government may impose new regulations. This is especially true if the company is large and efforts at self-policing have not been effective.
The intent of self-policing is to generate positive change without government mandates (Becker, 2006). Hartley (1993) has noted a general progression from public
apathy, to media attention, to public outcry, and finally to government regulation.
Table 10.5 overviews this progression.
277
278
The general public is not too
concerned about potential
crises. Likewise, the company is
not proactive in diffusing any
potential crises.
Public Apathy
The media focuses on a crisis event
and brings it to the attention of the
general public.
Media Attention
The Progression From Public Apathy to Government Regulation
Imposition of
Government
Regulations
The government will wait
for an appropriate period
of time in hope that the
company or industry will
self-regulate. Government
regulations will follow if
self-regulation does not
occur.
Public Resentment and
Outcry
The general public reacts to the crisis
by asserting that “something must
be done” to correct the situation and
keep it from reoccurring.
The government responds
with the creation of
the U.S. Department of
Homeland Security and
the Transportation Safety
Administration (TSA).
Airline ticket sales drop dramatically
after the attacks. All airlines
experience financial shocks, and
some eventually go into bankruptcy.
The Sarbanes-Oxley Act
Thousands of Enron employees
(2002) is passed.
lose their jobs and their retirement
savings. Public outrage occurs over
a number of practices, including the
reporting of off-balance sheet entities.
The attacks on the World Trade
Center and the Pentagon are known
immediately throughout the world.
Facilitated by the Internet, news
unfolds in real time and with an
abundance of visual images.
Enron becomes a household
name when officials announce a
restatement of earnings in October
2001. A month later, the company
goes bankrupt.
Although terrorist threats at
airline targets were recognized
by the government, passengers,
and airlines, few anticipated that
a jet airliner would be used as a
terrorist weapon.
Few people had heard of Enron
since its founding in 1985, and
those who had were not familiar
with its business model.
Example:
September 11,
2001, Terrorist
Attacks
Enron Scandal
Source: Adapted from Hartley (1993), p. 26.
Silicosis legislation is passed
in 46 states.1
Public sympathy is slow at first, but
eventually builds momentum to the
point that lawsuits and government
investigations ensue.
5
3
1
9
B
U
In the late 1930s, media attention
highlights the abuses of workers
who are now dying of silicosis.
S
A
R
A
The Great Depression is at its
height and most people just
want to work.
F
I
N
D
L
E
Y
,
Example: The
Hawks Nest Crisis
General
Description
Table 10.5
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Chapter 10. The Underlying Role of Ethics in Crisis Management
Today, we see numerous examples of how the government seeks to protect
society through regulation. The Environmental Protection Act resulted from
public outcry against the pollution crises. The Occupational Safety and Health
Administration was a government response to safety inadequacies in the workplace.
Although the effectiveness of such government interventions can be debated, their
links to previous crises is clear.
The Anticipation of New Stakeholder Outlooks
There is a sad irony in the realm of organizational crises events: a significant loss
F
of human life often launches a company into immortality.
Unfortunately, this is a
stakeholder memory that is hard to erase. For many
I people from the Baby Boomer
generation, just mentioning the company Union
N Carbide immediately brings to
mind the Bhopal, India, gas leak disaster that killed thousands in 1983. Indeed, a
D many references to this disaster.
Google search using “Union Carbide” produces
The name and incident association is strong.LLikewise, the Hawks Nest Tunnel
contractor Rinehart and Dennis will not be remembered
for its previous successful
E
engineering projects; instead, its name will forever be associated with the needless
Y while building the tunnel.
loss of hundreds of workers who died from silicosis
There is another irony to the Hawks Nest, crisis. The company receiving the
electricity that was produced by the tunnel project was Union Carbide. There has
been some speculation as to how active Union Carbide was in the tunnel crisis.
Sassociation, while others claim the
Some critics have assumed the firm was guilty by
company was not involved in promoting unsafe
Aworking conditions for the tunnel
workers (Deitz, 1990; Jennings, 1997). Nonetheless, name recognition has a strong
R
emotional component; it is associated with good products and services, but it can
A
also be associated with death.
There are other stakeholder outlooks that can result from crisis events.
Consider the following crisis events and how they changed the viewpoints of
5
many people:
3
■
■
The September 11 terrorist attacks forced air travelers to accept new security measures. They have also created 1
the mind-set that the ethical thing
for companies to pursue is the safety and
9 welfare of their customers. This
viewpoint was implied in the past but today
B is expected from companies in
safeguarding their people.
U
As the manufacturing of goods is outsourced
to overseas vendors, firms
can lose direct contact with the means of production (Bertrand & Lajtha,
2002). This anxiety rises when products shipped to the domestic country
are flawed in some way, such as toys with lead paint. The question of ethics
arises when those who have lost their jobs to outsourcing end up purchasing
products—some of them defective—from other countries. In light of the
global outsourcing problems mentioned —and a weakening U.S. dollar—a
number of companies are considering the use of reshoring, bringing manufacturing back to the home country.
279
280
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
■
■
Recent weather patterns suggest that global warming is occurring. Some
scientists link global temperatures to human activity, namely the production of carbon emissions. The ethical viewpoint held by many is that firms
should reduce emissions because this may be an issue of long-term survival.
Hurricane Katrina and the ineffective government response prompted wide
criticism. Many cite the poor communication and coordination among government agencies that should have been prepared to manage these types of
problems. The ego and turf wars that existed among city, state, and federal
branches of the government were also obvious and invited the scorn of many
who felt let down when elected officials did not work in the best public interest.
F
I
Bertrand and Lajtha (2002) have concluded that all crises can be interpreted as
N
signs of a loss of trust. If this statement is true, then the ethical repercussions are
D matter the crisis, some stakeholders will feel
enormous. What this means is that no
a loss of trust in the organization. L
Consider these examples when the party obviously at fault is not included in the
E back onto the organization. The counblame equation, and yet blame is deflected
Y are often raised by the media or can be seen
tering questions that follow each event
on blogs when similar events occur. ,
The Problem of Loss of Trust
■
■
A recently fired employee walks into his former place of work and kills
his supervisor along with several other employees: Why was the employee
S
allowed back on the premises? What did the company do to make this
A
employee so agitated?
An employee is killed on his R
factory job because he did not follow standard
procedures in performing a work task, thus leading to the fatal accident:
A
Why did the company hire this person in the first place? How many similar accidents have occurred at this workplace? Why did the company not
enforce its own procedures? 5
Responses like these are common
3 when a crisis occurs. In an attempt to make
sense out of what has happened, many
1 people will cognitively distort the situation and assign an ethical cause to the crisis; in their minds, the cause is often the
organization. Bertrand and Lajtha’s9comment about the loss of trust is based on
a perception. Nonetheless, perceptions
B can influence behavior more than reality.
Hence, ethical decision making mustU
be at the forefront of all management actions.
Summary
Business ethics examines the morality of behavior in the business world. Unethical
behavior can be legal, yet damaging to the organization. In practice, all businesses
should consider four responsibilities to their stakeholders: (1) making a profit,
(2) operating within the law, (3) behaving ethically, and (4) supporting social and
community activities that relate to the mission of the firm. The basic motive that
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Chapter 10. The Underlying Role of Ethics in Crisis Management
281
triggers an ethical crisis is often the desire to gain financially, often at the expense
of another stakeholder.
The four stages of the crisis management framework reveal the underlying role of
ethics in crisis management. The landscape survey uncovers the ethical weak points
that may exist within the organization and its industry. The strategic planning stage
promotes what can be done to improve the ethical climate of the business and its
industry in general. The crisis management stage examines the ethical behaviors
involved when addressing a specific crisis. Finally, the organizational learning stage
promotes improving an organization’s ethical performance by learning from a specific
crisis event.
1.
2.
F
I
Questions for Discussion
N
Provide an example of an ethical problem
D that has occurred either where
you currently work or have worked in the past.
L
Using the crisis management framework
E (Table 10.3), conduct a landscape
survey and determine the current status of potential ethical issues in your
Y
present organization and in the industry in which your company operates.
,
3. Identify a well-known crisis event that involved an organization that violated an ethical standard but did not actually break the law. What defense
did the organization provide for its behavior?
S What could the organization
have done differently?
3.
4.
A
How can the ethical culture of an organization
be improved?
R
Why is the example provided by top management
so important in promotA
ing the ethical culture of the organization?
5. What examples of major crises illustrate
5 how government intervention can
help prevent a similar crisis in the future? Consider Table 10.5 as a starting
3
point in your discussion.
1
9
B
U
6. Why is a crisis also a symbol of a loss of trust in the organization?
Chapter Exercise
Table 10.2 lists a number of crisis events that the class may not be familiar with.
Select several unfamiliar cases. Outside of class, research each case and write a onepage summary of what happened and the outcome of the case. Discuss these in
class. Be sure to address the following topics:
■
■
■
What crisis did the organization face?
How did mismanagement contribute to the crisis?
How was the crisis finally resolved and what legal implications were present
(the settlement of lawsuits, etc.)?
282
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
Mini-Case: The Melamine Milk Crisis in China
Melamine is a product that is used in the making of plastics and laminates.
Unfortunately, it has also been illegally added to milk to boost its protein rating.
The product is extremely dangerous once consumed and can cause kidney stones
and renal failure (Pickert, 2008). In China, a scandal erupted in which dairy middlemen were spiking milk with melamine after they had watered down the milk to
extend the product usage. The higher protein content enabled these middlemen to
command higher prices on the market (Long, Crandall, & Parnell, 2010).
One Chinese company, the Sanlu Group, was purchasing melamine-laced
F Sanlu management was unaware of the
milk for use in its baby formula. Initially,
melamine presence in the product. However,
some Sanlu staff eventually discovered
I
the melamine but continued to produce and distribute their baby milk formula,
N
even months afterward (DeLaurentis, 2009). The case is reminiscent of Beech-Nut’s
D chapter, of fake apple juice concentrate that
1979 discovery, discussed earlier in the
it had unknowingly purchased from
Lone of its suppliers (Hartley, 1993). Rather
than abandoning the supplier, Beech-Nut executives continued to use the supplier
E
covertly and eventually found itself in the midst of a major crisis.
The fallout from the Beech-NutYapple juice scandal did not include health
problems for the babies that consumed
, its apple juice. Unfortunately, the same
outcome would not be true for the Sanlu Group. On June 28, 2008, an infant with
kidney stones was admitted to a hospital in Gansu’s provincial capital of Lanzhou.
S feeding their baby milk produced by the
The parents told doctors they had been
Sanlu Group. Within two months,A
14 infants with similar problems had been
admitted to the hospital. Other cases were reported in provinces of the Ningxia Hui
R Hubei, Shanxi, Jiangsu, Shandong, Anhui,
Autonomous region, Shandong, Jiangxi,
and Hunan. All of the affected infants
Ahad been fed the milk formula produced by
the Sanlu Group (Long et al., 2010).
By September 2008, the cases of melamine-induced sickness escalated over a
5 Health Organization (WHO) reported
much wider geographic area. The World
more than 54,000 children in China
3 had sought medical treatment, with four
fatalities reported (Schlein, 2010). In other countries, reports of the melamine
1
scandal began to surface. Bans on the Chinese-made milk products were reported
9
in Japan, Malaysia, Bangladesh, Tanzania,
and Gabon. The 27-nation European
Union also put a ban on all baby food
Bcontaining Chinese milk (Long et al., 2010).
The Sanlu Group moved slowly in its response to the crisis. In fact, even before
U
the hospitalization of children in June, the company had received complaints about
its baby formula milk in March 2008. At that time, the Sanlu Group claimed its
products had repeatedly passed quality tests, met national quality standards, and
that sick babies must have been fed counterfeit milk powder that used the Sanlu
brand name. However, the company later learned that melamine had indeed been
introduced into its milk supply. The discovery occurred in early August when its
co-owner, New Zealand-based Fonterra, used melamine-testing equipment to
verify the presence of the substance. At that time, Fonterra owned 43 percent of
the Sanlu Group (“Sanlu Dairy,” 2009). Although Sanlu confirmed the melamine
contamination in August, it did not report the problem to the Chinese government,
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Chapter 10. The Underlying Role of Ethics in Crisis Management
nor did it reveal the information to the public until September 11. So why the delay?
It appears there was concern about social stability during the August 8–24, 2008,
Summer Olympic Games, because a food scare would be damaging given the events
that were about to take place in Beijing (Liu, 2008).
For Fonterra, the situation was especially delicate, as it was now faced with a
crisis of life and death, literally. It was also concerned about saving the face of
its Chinese partner. Nonetheless, Fonterra executives, realizing they had a major
problem on their hands, contacted the New Zealand embassy, which began the
process of alerting the Chinese central government of the food contamination
problem.
Once the matter became public on September 11, the Sanlu Group received
F Zhang Zhenling, Sanlu’s vice
much criticism from Chinese parents and the public.
president, delivered an apology letter on behalfI of the company at a news briefing
on September 15. The apology expressed regret and included a declaration to recall
N
all the infant milk powder produced prior to August 6, as well as an optional recall
D concerns about sick infants. The
for milk produced after that date if consumers had
late apology and the dismissal of Sanlu president
L Tian Wenhua did did not satisfy
the public sufficiently, and many citizens lost confidence in the Sanlu brand (“Four
E
officials sacked,” 2008). Within four months of the scandal going public, the Sanlu
Y
Group declared bankruptcy.
,
Mini-Case Questions
1.
S
The Sanlu case illustrates how a supplier
A can be the cause of a crisis for
the affected organization. However, blaming the supplier instead of taking
R
responsibility is not an acceptable strategy in the eyes of the general public.
A
Why do you think this is the case?
2. This case also illustrates the problem a company like Fonterra can face
5 other countries. Identify other
when it partners with companies in
examples of a partner company being 3
drawn into a crisis as a result of the
actions of another company.
1
3. From a cultural perspective, it is important for students to know what hap9
pened to some of the executives involved in the scandal, because penalties
B extreme by American standards.
for the Sanlu Group crisis were rather
Conduct an Internet search and find out
U what happened to the executives
and managers involved in this scandal.
Mini-Case References
DeLaurentis, T. (2009). Ethical supply chain management. China Business Review, 36(3), 38–41.
Four officials sacked following baby milk scandal. (2008, September 17). China Daily
Online. Retrieved July 25, 2012, from http://www.chinadaily.com.cn/china/2008–09/17/
content_7034236.htm.
Hartley, R. (1993). Business ethics: Violations of the public trust. New York: Wiley.
Liu, M. (2008, October 6). Saving face goes sour. Newsweek, 7.
283
284
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CRISIS MANAGEMENT IN THE NEW STRATEGY LANDSCAPE
Long, Z., Crandall, W., & Parnell, J. (2010). A trilogy of unfortunate events in China:
Reflecting on the management of crises. International Journal of Asian Business and
Information Management, 1(4), 21–30.
Pickert, K. (2008, September 17). Brief history of melamine. Time Online. Retrieved July 25,
2012, from http://www.time.com/time/health/article/0,8599,1841757,00.html.
Sanlu Dairy assets to be sold off. (2009, March). Dairy Industries International, 11.
Schlein, L. (2008). China’s melamine milk crisis creates crisis of confidence. Voice of
America News Online. Retrieved July 25, 2012, from http://www.voanews.com/english/
archive/2008–09/2008–09–26-voa45.cfm?CFID=64268891&CFTOKEN=95716309.
References
F
Alpaslan, C. M., Green, S. E., & Mitroff, I. I. (2009). Corporate governance in the context of
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Barth, T. (2010). Crisis management in the
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Barton, L. (2001). Crisis in organizationsE
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