CAN YOU DO THIS FOR ME PLEASE 2 REPLIES 450 WORDS EACH
Reply to the threads of 2 classmates who offer views different than yours. Identify the points of difference in your analyses and explain how your application of the relevant law to the facts of this situation led you to a different conclusion.
Each reply must be supported by 3 scholarly sources other than the textbook/course materials. Each source must be properly cited in current APA format.
Review the Assignment Instructions for Discussion Board Forums, noting especially requirements for word counts, scholarly sources, and biblical worldview integration.
Submit your replies by 11:59 p.m. (ET) on Sunday.
DB Post 1 Collapse
1. As an employee or a manager in either the legal office or the engineering department, how would you have prevented this incident?
Diesel engines had a reputation of emitting many harmful pollutants into the air which created problems for the environment and to the public. Since it became such an issue, diesel vehicles were required to undergo emissions tests to try and alleviate how many pollutants were released into the air. When the test was done on Volkswagen diesels when the scandal was found out, the results showed that their levels were 40% over the United States threshold. As an employee in the engineering department I would have first off researched the cheaper ignition switch before I decided to use that one instead of one that was maybe more expensive but would not have led to cheat on the emissions test. The vehicle industry is one where costly mistakes are not welcomed and where you must be extremely careful in every choice that you make. Secondly, I would have cleared this choice with my manager instead of not telling anyone and using it anyway. One person alone should not make the call on using a cheaper part; especially when the risks did not seem to be evaluated beforehand. The consequences of one person making an unethical decision cost the company money, and its reputation. In the article “VW faces long road in regaining trust: emissions scandal left 2,540 Arkansans eligible for buybacks” a buyer of Volkswagen cars said “The thought of VW lowering their ethical standards to skew emissions tests seemed unnecessary. The overall outcome has been devastating for their brand image” (Cook, 2016). Recovering from a blow to brand image is a long and tough road, especially in the vehicle industry. People that were Volkswagen customers might be swayed to buy a different brand due to the hit to the Volkswagen brand.
As a manger in the engineering department, I first would have been more careful about who I had working under me. As a manger, you are responsible for the choices that those under you make, and I would make sure that I fully trust my team. I know that some people might seem trustworthy and end up not being trustworthy, but especially in the vehicle industry you must be super careful. Secondly, I would have a system in place that would not allow people to just replace one part for another. There should be some way to control that and make sure that all decisions are ran by the manager before the final call is made. Due to this decision being made to use a cheaper part, it ended up “wiping out $16.9 billion of company’s market value” (Jung, Park & Bin, 2017). I would hope that Volkswagen fired the engineer that made the decision and the managers that were in charge.
My biblical worldview on this topic is centered around the verse “Whatever you do in word or deed, do all in the name of the Lord Jesus, giving thanks through Him to God the Father” (Colossians 3:17, New American Standard Bible). Every choice that we make as Christian reflects directly on others views of Christ, and it reflects on our character. We should always make sure that our decisions are made in accordance with God’s word. We should never cut corners because it might save money, or because it might seem right to us. I try to keep the perspective of God in everything I do, and I am so glad that He gave us a conscience in the Holy Spirit to help keep us in check when we might not be totally sure of something.
2. As the CEO of the diesel division of Volkswagen, how would you have responded when the situation became public? How would this response prevent future incidents?
As the CEO of the diesel division of Volkswagen, I would have been truly disappointed that this situation ever happened. I first would have been concerned with the people that were affected health wise from this mistake. In the article “Public Health Impact and Economic Costs of Volkswagen’s Lack of Compliance with the United States’ Emission Standards” it addressed the possible health scenario: “We estimated that across the different emission scenarios the total extra NOx emitted over one year of operation by the 482,000 non-compliant cars would result in 5 to 12 premature deaths using the EPA’s lower-mortality assumption, 22 to 50 premature deaths using the EPA’s higher-mortality assumption, 247 to 1061 episodes of respiratory symptoms, 3 to 14 hospital admissions for cardiorespiratory causes, and 3 to 13 emergency visits for asthma” (Hou, Zhang, Luthin & Baccarelli, 2016). I would not want anyone’s death or poor health due to this scandal to be on my conscience. As CEO, I would have reached out to the people that were affected by this scandal and tried to do my best to make it right; weither it was helping to pay their medical bills or helping to make up for the financial loss they might have encountered by having to be out of work due to the mistake. Secondly, I would have responded by changing the way that decisions were made on a managerial level by ensuring that decisions as crucial as this one had to be brought to the managers in charge. I would not allow any decisions to be made without several managers approval. Being a CEO, there are many lives that are entrusted to you and you must make sure that you are running a business that will keep all your people safe, as well as the people that are affected by your product. As CEO, you are responsible for the good and for the bad. I would have taken it upon myself to make sure that problems like this did not happen to the best of my ability. By taking ownership of this problem and doing everything in my power to make sure it never happened again, I would hope that I would be able to regain my consumers trust as well as my team’s trust. This course of action would prevent future incidents from happening because there would be a tight protocol in place to catch products that should not be used in a vehicle, and that no matter the price, life would be held in a higher regard than money.
My biblical worldview on the choices of a CEO is found in the verse “A good name is to be more desired than great wealth, favor is better than silver or gold” (Proverbs 22:1, New American Standard Bible). Money is not everything; sure, it is nice, but I would rather have good things attached to my name and be poor, than to have a bad name and be rich. God blesses those who do things according to His word. He will take care of you and bless you more than you could ever imagine.
Cook, M. (2016). VW faces long road in regaining trust: Emissions scandal left 2,540 Arkansans eligible for buybacks. Arkansas Business, 33(39), 19.
Hou, L., Zhang, K., Luthin, M. A., & Baccarelli, A. A. (2016). Public health impact and economic costs of Volkswagen’s lack of compliance with the united states’ emission standards. International Journal of Environmental Research and Public Health, 13(9)
Jung, J. C., & “Alison” Park, S. B. (2017). Case study: Volkswagen’s diesel emissions scandal. Thunderbird International Business Review, 59(1), 127-137. doi:10.1002/tie.21876
Discussion Board 1
BUSI 561 – Legal Issues in Business
Oliver A. Pottinger
Professor: Danette Kobolt
Introduction to the topic: The overarching theme for week one discussion board forum is centered on business ethics and social responsibilities. On 18 September 2015 Volkswagen received notification of the violation to the US Environmental Protection Agency (EPA) Clean Air Act. The offense charged Volkswagen with installing software with the sole purpose of circumventing the legal emission standard established by the federal government.
The investigation discovered Volkswagen actioned concealment, deniability, and plausibility before admitting the legal, ethical and social irresponsibility exercise by the organization. According to the textbook, “the social responsibility of business consists of the expectations the community imposes on firms doing business within its border” (Kubasek, Browne, Herron, Dhooge & Barkacs, 2016, Pg. 16). The statement mentioned above highlights the social responsibility between Volkswagen on the citizens of America.
Serving in the United States Army for over twenty years, a social norm regarding morality is to hold the leaders of unit accountable for their subordinates’ actions. The culpable positioned involved in the Volkswagen emission scandal includes but not limited to Engineers, lawyers, and the Chief Executive Officer. Engineers in Volkswagen emission scandal were responsible for the software which circumvent the government emission testing for approximately ten years. Volkswagen Lawyers were responsible for ensuring the organization complies with the emission regulation through shared knowledge of the government requirement. The Chief Executive Officer is ultimately responsible for the all the actions across all the domain of leadership under his or her supervision. According to the textbook, “Each of the six functional areas of business—management, production and transportation, marketing, research and development, accounting and finance, and human resource management—sits on a foundation of business law” (Kubasek, et al., 2016, Pg. 3)
As an employee or a manager in either the legal office or the engineering department, I would have executed my whistleblower authority. According to the Institute of Public Enterprise, “Whistle-blower protection mechanisms (WPMs) play a critically significant role in combating corruption through ethics, corporate governance, and statutes.” (Sharma, Kanojia, & Sachdeva, 2018 Pg. 1).” Volkswagen Engineers cheating were predicated on the pressure placed on the company to comply with the EPA regulation, competitors, and stakeholders. The company had a small window to find technical solutions to the emission problems with the fleet.
To prevent the incident from occurring in the first place, all employee must understand the business procedures and policies that govern the actions of all the employees. The communication culture must be optimal across all the domains of leadership and extended to subordinates. Systems must be aligned to stringent quality assurance and control accompanied by an independent reviewing agency. Institute cross-training and job rotation to mitigate complacency and avoid routines that encourages corruption within the workplace. The human resource department must screen prospective employees through a detailed background check and thorough interview process to identify potential employees with less than an optimal moral compass and a compromise values and beliefs systems. Additionally, establish a work environment and culture that motivates employees to come forward and raised concerns detrimental to the organization without fear.
As the CEO of the diesel division of Volkswagen, he should have responded with honesty and transparency. However, the step before the response is to gather the facts of the situation. This includes developing a timeline and be contrite when you are in the wrong. It’s equally important to separate facts from emotion a peak only what is confirmed. Implement a review of all policies and procedure to identify what are the causes of the issues. Establish a crisis management team that includes but not limited to the lawyers and public relations personnel to guide perception. Integrate a holistic approach which includes the organization ministry team. The ministry team and the company lawyers should have a symbiotic relationship.
The Chief Executive Officer response to prevent future incidents should include but not limited to the institution of a modular in-processing program to indoctrinates all employees on Business Laws and a briefing from organization affiliated ministry team. The training must be adaptive to the challenging auto industry. According to the Journal of Business Ethics, “training must become more specific to tackle challenging questions regarding the gray areas of ethics and compliance” (Hauser, 2018 pg. 1). The modular training must be holistic and comprehensive. The training should include the policies and procedures of the organization centered on business ethics, values and belief provided by the lawyers and the ministry team. Serving in the army for over twenty years I have seen the practices as mentioned above mitigate the challenges and issues that arise from decisions not consistent with strong core values.
Inconclusion, the overarching topic of business ethics and social responsibilities, is not exclusive to Volkswagen it’s inclusive to routine task in our lives. Leaders and subordinates alike must operate in an environment that ethical and worthy of God praised. Actions inconsistent with a holistic aperture will result in behavior detrimental individually and collectively. Volkswagen received notification of the violation to the US Environmental Protection Agency (EPA) Clean Air Act. We as ordinary citizen receive the information from our transcendent being. Our actions at times attempt to circumvent legal standard, but we are often short of the moral standard. According to 2 Corinthians “for such men are false apostles, deceitful workmen, disguising themselves as apostles of Christ. And no wonder, for even Satan disguises himself as an angel of light. So, it is no surprise if his servants, also, disguise themselves as servants of righteousness. Their end will correspond to their deeds” (2 Corinthians 11:13-15 English Standard Version). The Engineer for Volkswagen was jailed for his actions during the emission scandal.
Hauser, C. (2018). Fighting against corruption: Does anti-corruption training make any difference? Journal of Business Ethics, , 1-19. doi:http://dx.doi.org.ezproxy.liberty.edu/10.1007/s10551-018-3808-3
Kubasek, N. K., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. L. (2016). Dynamic business law: The essentials (3rd ed.). Penn Plaza, NY: McGrraw-Hill Education.
Lippe, P. (2015, October 13). Volkswagen: Where were the lawyers? Retrieved from http://www.abajournal.com/legalrebels/article/volkswagen_where_were_the_lawyers/
Sharma, J. P., Kanojia, S., & Sachdeva, S. (2018). Comparison of whistle-blower protection mechanism of select countries. Indian Journal of Corporate Governance, 11(1), 45-68. doi:10.1177/0974686218769198
Volkswagen sued. (2016). Nature, 529(7584), 7. Retrieved from http://link.galegroup.com.ezproxy.liberty.edu/apps/doc/A439532595/ITOF?u=vic_liberty &sid=ITOF&xid=8f3a679a