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B2B Ethics, Crisis Management & Legal Considerations A Poem by R.W. Grant • You’re gouging on your prices if you charge more than the rest. • But it’s unfair competition if you think you can charge less. • A second point that we would make to help avoid confusion: • Don’t try to charge the same amount: • That would be collusion! Ethical Clashes • Ethical standards among stakeholders • Ethical standards at different levels of an organization • Individual ethical standards vs. organization’s performance standards • Facts vs. viewpoints • Knowledge of consequences The Societal Marketing Concept • Generating customer satisfaction based on: – Being market sensitive (sensitive to target customers’ needs), and – Being considerate of societal well being • Goal: Improve life quality – Includes company’s social responsibility Ethics vs. Social Responsibility BUSINESS SOCIAL ETHICS RESPONSIBILITY Moral principles and Obligations a business standards that guide assumes to have for behavior in the world of society, including business economic, legal, ethical, and philanthropic Corporate Social Responsibilities • Legal – Play by the rules of the game • Economic – Be profitable • Ethical – Do what is right, just, and fair; avoid harm • Philanthropic – Contribute resources to community; improve quality of life The Role of Leadership • To encourage subordinates’ ethical behavior, good leaders: o Ensure that the firm’s mission statement encourages ethical behavior & societal good as part of the mission o Create reward structures that allow & reinforce ethical behavior o Behave ethically themselves (Do as I do; not Do as I say) Differing Moral Philosophies • Deontology – The action itself matters. No “gray” areas. • Teleology – The outcome matters. Level of harm caused. • Egoism – The outcome related to “ME” matters. • Relativism – Everything is relative. All actions are moral or immoral within their own context. Potential Ethical Problem Areas Usually grow out of a need to: do what is seen as necessary to compete, or to achieve value for stockholders May include: Paying brides Charging exorbitant prices (price gouging) Taking unearned marketing allowances Posing as a prospective customer to obtain competitive information Creating an unfair advantage for one distributor over another Padding orders & shipments Promising more than can be delivered Myths about Business Ethics • Ethics is a personal, individual affair. – We do not operate in a vacuum. • Business and ethics do not mix. – Business is a human activity. • Ethics in business is relative. – Contradicts everyday experience. – I.e., just because this society practiced slavery, did that make it right? • Good business means good ethics. – Basically says that ethics do not provide solutions to business problems. Quick Ethical Tests • • • • Is it right / fair? Who gets hurt? What would you tell your child to do? Do unto others as you would have them do unto you. • Use your intuition (gut-feel). • Are the ends really worthwhile? Crisis Management • Ethical behavior intertwined with the occurrence & the management of crises • Problems arise from less than stellar ethical choices or ethical conflicts • A strong ethical theme in the company’s culture – Inoculates against crises – Resolves issues regardless of cause Crisis Preparation • Some crises can be avoided through careful preparation • Some will still occur, but can be contained with foresight & good coping systems • Some inevitably become crises, no matter how much preparation occurs A Crisis Management Model Layers of Pauchant and Mitroff’s Crisis Management Model 1. Character of the people in the organization – willingness to take responsibility & take corrective action 2. Culture existing in the organization – supports appropriate preparation & response actions 3. Organizational structure – crisis management structure in which all stakeholders are represented 4. Plans and mechanisms for dealing with crises – crisis management team has fully prepared plans, disseminated them, & trained people in key roles Source: Thierry C. Pauchant and Ian I. Mitroff, Transforming the Crisis-Prone Organization: Preventing Individual, Organizational, and Environmental Tragedies, (San Francisco: Jossey-Bass, 1992). Crisis Preparation 1. Establish effective structures for planning & handling crises 2. Assess the elements of company’s operations that produce risks & reduce these risks 3. Plan procedures to follow as events occur 4. Inoculate (include or plan for) negative public attention that will occur during a crisis Plan for Stages of a Crisis • Organization goes through a preparation period if early signals are perceived • If signals have not been picked up, crisis will be triggered by some event • A period of intense activity & public scrutiny will ensue following the crisis • The organization may take follow-up actions & may go through a period of serious learning Media Relations During a Crisis • Avoid wild speculation (by yourself & others) • Give the media access • Tell the truth • • • • Be proactive Stay calm Respond quickly, backed by effective action Limit points of contact for consistent, focused message • Company may have to accept blame, make apologies, and “fix” things Crisis Aftermath • Begin repair of the company’s image (time consuming process) • Thoroughly debrief & learn from experience • Maintain ethical approach (image can be sustained/repaired if so) • Reinforce management &/or employees that have done the right thing(s) Federal Legislation to Protect Competition • Sherman Act 1890 – no monopolies • Clayton Act 1914 – no price discrimination • FTC Act 1914 – no unfair competition • Wheeler-Lea 1938 – no false advertising • Robinson-Patman Act 1936 – no price discrimination to resellers To Protect the Consumer • • • • • • Meat Inspection Act 1906 Wool Products Labeling (1940): % of wool Cigarette Labeling (1965) Truth in Lending (1968) Consumer Product Safety (1972) Nutrition Labeling and Education Act (1990) Regulatory Agencies • FTC: no false/deceptive advertising • FDA: no harmful drugs/products • ICC: rates of interstate RR, trucking – dissolved • STB: regulates motor carriers, railroad • EPA: pollution • FCC: regulates wire, radio, TV broadcasts