Step One of the 5-Step Problem Solving Approach to Ethical Decision Making requires that you identify the problem

Step One of the 5-Step Problem Solving Approach to Ethical Decision Making requires that you identify the problem

Considering the case presented, Step One of the 5-Step Problem Solving Approach to Ethical Decision Making requires that you identify the problem, assess the facts, and consider the relevant stakeholders (Penn State University, Module 3).  The company has discovered that employees are engaging in a union organizing drive and is in no way interested in accepting a union.  It appears that the company is willing to take whatever steps necessary to avoid unionization, whether legal or not, with the understanding that the financial penalties for illegal behaviors are less detrimental to the company than unionization.  While we may be able to financially accept the penalty for illegal behaviors, are they morally justified?  The relevant stakeholders in this situation are the employees, the labor union, management, and the company’s shareholders.  The employees are upset that they feel the company has treated them unfairly and the union is interested in helping the employees to rectify these “wrongdoings.”  The management team and the shareholders feel that unionization would limit how they can handle workplace matters and that bargaining is inefficient and bad for the economy (and the company’s profitability) (Budd & Scoville, 2005).

Step Two requires you to identify the possible solutions (Penn State University, Module 3).  Understanding the company’s position, it is clear that some type of action is necessary.  My recommendation could either be (1) illegal, including the tactics of intimidation, making changes to benefits or working conditions during the campaign to discourage voting for the union, and spying; (2) legal, including utilizing captive audience meetings to provide employees with factual information and training management on the appropriate way to handle the various organizing tactics the union could employ; or (3) a combination of both legal and illegal factors.

Step Three requires you to assess the alternative solutions against relevant consequences, duties, and virtues (Penn State University, Module 3).  Considering Solution 1, taking illegal actions is not in alignment with a character-based moral code being that it is not based in honesty, fairness, or justice; not in alignment with a duty-based moral code being that the motive behind the actions is not “unconditionally good”; or a utility-based moral code as happiness for the company may be maximized, but it could cause immediate or long-term unhappiness for the employees and union (and potentially even the company) (Penn State University, Module 2).  However, Solution 1 may be in alignment with an ego-based moral code as it is aimed at maximizing the company’s self-interests (Penn State University, Module 2).  This solution may potentially be in alignment with the moral value of efficiency but is not in alignment with the values of reciprocity, liberty, excellence, justice, or compassion (Penn State University, Module 2).  While it may seem that the financial impact of illegal actions can be shouldered by the company, the long-term impact of a bad reputation in the community or distrust with employees is hard to monetize and can greatly damage the company.  Additionally, while employing this strategy for the current organizing drive might result in a vote against unionization, the employees could attempt to unionize again in the future when they understand that the company has been deceptive.  The company would have much less of a leg to stand on the second time around.

Considering Solution 2, sticking with legal actions is in alignment with a duty-based moral code as it is not deceptive and the motive is unconditionally good and a character-based moral code as it is honest, fair, and just (Penn State University, Module 2).  Considering the long-term implications of legal actions, I believe Solution 2 is also in alignment with a utility-based moral code as the company will not face the ramifications of a damaged reputation or distrust with employees (Penn State University, Module 2).  I do not believe this solution is in alignment with an ego-based moral code, as the tactics associated with this solution may be less likely to result in union avoidance, which is the company’s main objective (Penn State University, Module 2).  This option is in alignment with values such as reciprocity, liberty, excellence, justice, and compassion, but may only prove to be in alignment with efficiency when looked at in the long-term (Penn State University, Module 2).  The potential consequence to this solution is that the employees decide to unionize, though you would not have the impact of a tarnished reputation as with Solution 1.

The Step Three analysis for Solution 3 would be a combination of the analyses for Solutions 1 and 2, which I do not feel would add value to this discussion.

Step Four requires you to choose the best possible solution to best address any possible ethical issues (Penn State University, Module 3).  I feel as though Solution 2 is the best option as while it may not maximize utility for the company in the short-run, I feel it would maximize utility in the long-run.  Additionally, Solution 2 was in alignment with the majority of the moral codes and values when compared to Solutions 1 and 3.  This solution will require a very structured, methodical game plan to address the organizing campaign, which we will need to get the entire management team on board with.  Considering the long-term implications of the three solutions, I feel Solution 2 is the least detrimental to the company.

Step Five requires you to reflect on your decision (Penn State University, Module 3).  While Solution 2 may be more likely than the other solutions to result in unionization, I feel the decision to avoid illegal actions is the best choice.  This decision is one in which you could tell your family with pride and it would not embarrass you if it were to end up in the newspaper.  While you may ultimately be able to “get away” with illegal behaviors, it is not something that would sit right with your conscience.

Resources

Budd, J. W., & Scoville, J. G. (2005). The Ethics of Human Resources and Industrial Relations. Champaign, IL: Labor and Employment Relations Association, University of Illinois at Urbana-Champaign.

Penn State University. (2019). HRER 860 Module 2. Retrieved October 15, 2019, from https://psu.instructure.com/courses/2008425/modules/items/26907850.

Penn State University. (2019). HRER 860 Module 3. Retrieved October 15, 2019, from https://psu.instructure.com/courses/2008425/modules/items/26907857.