This PDF is governed by copyright law, which prohibits unauthorised copying, distribution, public display, public performance, and preparation of derivative works. title The critical need for critical cases: the dark side of business author(s) Emmanuel Raufflet and Albert J. Mills available in The Dark Side: Critical Cases on the Downside of Business format Hardback date August 2009 isbn 978-1-906093-20-4 pages 1-10 more details www.greenleaf-publishing.com/darkside S U S TA I N A B I L I T Y • R E S P O N S I B I L I T Y • A C C O U N TA B I L I T Y Aizlewood’s Mill, Nursery Street, Sheffield S3 8GG, UK Tel: +44 (0)114 282 3475 Fax: +44 (0)114 282 3476 info@greenleaf-publishing.com http:// www.greenleaf-publishing.com The critical need for critical cases: the dark side of business Emmanuel Raufflet and Albert J. Mills Introduction: the end of history? In his landmark book The End of History and the Last Man (Fukuyama 1992), Francis Fukuyama argued that the end of the Cold War and the fall of the Berlin Wall in 1989 represented the end of the evolution of human history as a struggle between ideologies. Fukuyama predicted the global triumph of political and economic liberalism and the end of history, i.e. the universalization of Western liberal democracy as the final form of human government and the market economy, as defined in the USA in the beginning of the 1980s, as the dominant economic system. With “the end of history” came a certain vision of capitalism based on deregulation, low taxes, and the mantra of less government. These conditions would create the conditions for business to flourish and prosperity for the whole society. Sixteen years later, this optimistic panorama has changed. The turn of the millennium brought its share of global threatening economic, social and ecological challenges. Recent events, including September 11, 2001, corporate scandals and the increasing questioning of business and corporate practices, the rise of China and India, the resurgence of Russia as a global power, the climate crisis, increasing inequalities between the rich and the poor in and between societies, and, more recently, the financial and economic crisis since 2008 suggest that we are witnessing what Fukuyama (2008) coined “the Fall of America Inc.” This “Fall of America Inc.” represents an overall discredit of a certain brand of capitalism, dominated by short-term thinking (Waddock 2005) and a systematic neglect of the social, regulatory, and economic conditions in which business ought to operate. What we have learnt is that we are entering a time of trouble and questions. What we know is that we are near an era of economic, social, and ecological turbulence. © 2009 Greenleaf Publishing Ltd http://www.greenleaf-publishing.com the dark side: critical cases on the downside of business Hence the critical need to examine, explore, and understand these different multifaceted, complex phenomena of our late capitalist era. Hence the critical need as business educators and trainers to expose students, course participants, and managers to these issues. Hence our responsibility as business educators and management scholars to foster a climate for business managers to reflect, feel, and think differently both ethically and cognitively. Beyond ethical muteness in business: training responsible managers Bird and Waters (1989) proposed the idea that managers in business organizations tend to be morally mute, as they avoid moral references in their workrelated activities. They mention ethics only when things go wrong, in situations such as price-fixing, bribery, or scandals. As such, they tend to avoid “moral talk,” as such moral talk is perceived at odds with an image of individual and organizational effectiveness based on diligence, efficiency, competence, and competitiveness. Bird and Waters highlighted the fact that one of the consequences of this moral muteness is to create and to reinforce moral amnesia, or “a caricature of management as an amoral activity, and a very narrow definition of morality” (Bird and Waters 1989: 79). In a later book, Bird proposed the need for “good” conversations, or conversations that would help managers be more aware of the moral dimensions of their decisions and actions (Bird 1996). According to Bird, the role and responsibility of managers is to foster good conversations in business settings—be they teams, business units, business organizations, or projects. Such good conversations will allow organization members to become aware of the ethical dimensions of their own activities and to surface their dilemmas and doubts. It will equip them with tools and lexicon to express and share around ethics in business life. Beyond instrumental short-term thinking: training cognitively equipped managers Westley et al. (2006) introduce the differences between simple, complicated, and complex problems. Simple problems—like building a chair—can be addressed using patterns and behaviors established by routine craft or commonly held knowledge; while complicated problems—like building a plane—require a high level of technical sophistication and precision, and tight coordination through rigid protocols. Success in a complicated problem will result from sticking to the critical need for critical cases: the dark side of business Raufflet and Mills these rigid protocols and strict application of pre-established rules and roles. Laxness or negligence likely leads to catastrophic results in addressing a complicated problem. By contrast, a complex problem—like raising a child—requires sensitivity to the uniqueness of the situation at hand, and recognition that approaches used to address simple or complicated problems may not work or may be counterproductive in such a context. Complexity involves thinking about the problem in a different way, both in terms of being aware of and sensitive to the connections that need to be made as well as in terms of the knowledge needed to address it. Using critical and complex teaching cases in the classroom helps make students aware of the limitations of the methods used to solve problems that are only simple or complicated. Our business courses have their shares of simple recipes and complicated formulas (Ghoshal 2005). What may be needed is to train students and business managers to think about problems and issues using insights from complexity. To train managers to think and be aware, we believe that the case studies in this book have the potential to contribute to addressing these ethical and cognitive challenges. Both the content and the format of these cases are innovative. First, these cases are innovative in terms of contents. Whereas most teaching cases focus on managers in situations and tend to be oblivious of other groups or logics, these cases acknowledge the diversity of actors and interests in and around organizations. These cases have different levels of analysis and propose different points of view and logics. They recognize that decisions, seemingly good at a given moment of time, may actually contain the seeds of their later demise. Second, these cases are innovative in terms of format. Whereas most cases are formatted along decision and decision-making lines, these cases are more diverse and open-ended. This diversity and open-endedness allows for the formation of judgment among managers. Judgment is defined is as the capacity to synthesize, integrate, balance short-term and long-term effects, appreciate effects on different groups, learn to listen, and evaluate. Whereas decision-making is key for complicated issues, matters and situations, judgment-making relies on experience and may be better suited for complex, murky, and gray areas. This set of outstanding cases aims to achieve this. These 16 cases were selected as finalists or winners of the seven first years (2002–2008) of the Dark Side of Business Case Competition—a joint event of the Critical Management Studies and the Management Education sections of the Academy of Management (AoM). the dark side: critical cases on the downside of business 2001: a dark side odyssey—the case of the Darkside Case Competition In the late summer of 2001, Paul Adler and other members of the Critical Management Studies Interest Group (CMSIG) found themselves at yet another annual meeting of the Academy of Management—this time in Washington, DC. Among the many informal conversations that Adler found himself in, one turned to the issue of case studies and the absence of those that dealt with the darker side of business. It occurred to Adler, Professor of Management and Organization at the Marshall School of Business at the University of South California (UCS), that: [business] case libraries are almost exclusively devoted to “best practice” cases or difficult decisions by basically well-managed firms. When we want to talk to our students about the more typical cases, let alone the really scandalous practices of the worst firms, the cupboard is almost entirely bare. It’s almost impossible to even find a reasonably rich case on a labor/management conflict. Following the AoM meeting, Adler—a founding member of CMSIG and part of its executive group—undertook to develop his idea further. In an exchange of emails with leading CMSIG members, Adler argued that the CMS Interest Group should “organize an award for the best case-study on worst business practice.” Outlining an argument for such an award, Adler made four main points. First, that the Harvard Business School: . . . folks justify [the] bias to best practice saying there’s 100 ways to go wrong for every 1 way to go right: we challenge that premise, arguing that the patterns we observe among the wrong ways tell us a lot about the nature of the broader system of business, and that our students need to be given the chance to think through the scope of feasible and appropriate action if they happen to find themselves working for a poorly managed firm or for a bunch of scumbags. Second, “our union friends are particularly eager to see more cases available that raise issues about union organizing rights and more generally about the difficulties workers encounter in expressing voice at work.” Third, “we seem to have abandoned the heritage of ‘muck-raking’—the best of this tradition seems to be in the Wall Street Journal of all places!” Fourth, he referenced the practice of US Senator Proxmire who: This account is based on an email exchange with Paul Adler. Adler recalls that the idea of a dark side case competition was likely his but that “such recollections are unreliable” (email to Albert J. Mills, November 13, 2008). Undated email from Paul Adler to “CMS Steering Committee.” the critical need for critical cases: the dark side of business Raufflet and Mills . . . gave out an annual “Golden Fleece” award for the military contractor who demonstrated the worst price-gauging practices. It served very effectively to provoke some real debate. For Adler, if such an award was to be developed by the CMS Interest Group, the competition needed to encourage a focus not on: . . . individual bastards, but on cases that tell us something about the broader system and how it permits, encourages, even forces firms to do terrible things. In other words, Adler continued: . . . the “damage” we’re looking to document would presumably be to employees, but perhaps also to local community, environment, [etc]. Following a further exchange of emails among group members, Paul Adler developed a proposal based on responses from Marta Calas (University of Massachusetts, Amherst), Bill Kaghan (University of Washington), John Jermier (University of Southern Florida) and Linda Smircich (University of Massachusetts, Amherst). The focus of the developing case competition would be on teaching cases (rather than research papers based on case studies)—the goal here was “the development of good classroom materials.” The award was to: . . . go to the best case study—not to the worst corporate offender . . . The goal would therefore be to encourage the development of teaching cases that revealed the “dark side” of corporate America. The new competition was agreed by the CMSIG Executive in time to be launched at the 2002 annual meeting of the AoM in Denver, Colorado. The competition was co-sponsored by the Management Education Division and was called The Darkside Case-Writing Competition. The call for cases was accompanied by the following explanation: This competition . . . aims to encourage the development of cases that provoke reflection and debate on the “dark side” of contemporary capitalism. Some might argue that we are promoting “muckraking.” They are correct: we feel that if there’s so much “muck” out there, it behoves us to look at it squarely and decide what should be done about it. For both teaching and research purposes, it is critical that we have well documented worst-practices cases on the table, so that we have the Ibid. Ibid. Ibid. Email from Paul Adler to CMS-SG, September 24. 2008. Ibid. the dark side: critical cases on the downside of business opportunity to understand how such organizations come in being, how they function, and how they might be challenged and changed. We especially want cases that lead discussion to the broader socialpolitical-economic structure and help students critically think about the consequences of this structure. In particular, we encourage submissions focused on labor relations—instructors in this area are especially eager to see cases that raise issues about the difficulties workers encounter in organizing unions and otherwise expressing voice at work. We also encourage submissions focused on environmentally harmful practices—we need to understand better the factors that entice firms to pollute, and how these conditions might be changed. Other foci are also welcome. From the beginning, the Darkside Competition aimed at encouraging the writing of cases that would integrate socio-political issues with organizational dynamics, thus contextualizing organizational and management problems within the broader system of capitalism. The Darkside Competition in the shadow of 9/11 In the period between discussions around the idea of a dark side case competition and its eventual implementation, terrorists attacked the World Trade Center and the Pentagon in September 2001. The impact of this momentous event did not dissuade the CMSIG from launching the competition, but perhaps surprisingly in the face of evidence of organizational politicking and incompetence on the part of those charged with the security of the U.S.A., no cases came forward examining the background to the 9/11 attacks. The announcement of the competition attracted a number of entries from the U.K. (work victimization), U.S.A. (including cases on business ethics, attacks on public education, unionization), Australia (the impact of corporate culture), New Zealand (workplace distress), and Canada (power and politics at work). The international sweep of these cases put the competition judges on notice that the focus was not simply on “corporate America” but global capitalism. However, the winning case—by Paul M. Swiercz of George Washington University—met one of the original aims of the competition: to deal with issues of labor relations. In “Food Lion vs. the UFCW: time for a change?” Swiercz presents an account of the operations of a Belgian-owned supermarket chain in the U.S.A. and its struggle against unionization by the United Food and Commercial Workers (UFCW). The organizational dark side of U.S. security organizations are, however, examined in a vignette in Mills et al. 2006: 14-17. the critical need for critical cases: the dark side of business Raufflet and Mills The case follows the various strategies adopted by the company and the union as they struggle over unionization at Food Lion. This case appears in Part 2 of this book on the interactions between business and local communities. As the winner of the case competition, Paul M. Swiercz was awarded a certificate of merit and the dubious honor of organizing the second year of the competition. The 2003 competition was won by Caroline O’Connell and Albert J. Mills of Saint Mary’s University in Canada’s eastern province of Nova Scotia. Their case, “The Westray mine explosion,” maintained the trade union focus of the previous year but was centered on events leading up to the deaths of 26 miners in the 1996 mine explosion in Nova Scotia’s Pictou County. The case appears in the third part of this book and takes students through a range of structural and behavioral problems to make sense of how various factors led to the deaths of so many employees. Like Paul Swiercz before them, O’Connell and Mills were awarded a certificate and the honor of running the third Darkside Case Competition. This led to some changes, with the third year of competition seeing the selection of the top five finalists in the competition being asked to present their cases at the annual meeting of the AoM. Furthermore, thanks to the sponsorship of Saint Mary’s Sobey PhD in Management, the winner was awarded a check for $500. Darkside III The third year of competition in 2004 saw finalists drawn from: • U.S.A.—Paul Swiercz was back with a case on union struggle in the newspaper industry • New Zealand—Kate Kearins, Keith Hooper, and Belinda Luke presented a case of entrepreneurship, state sponsorship, and marginalized groups • Canada—Gina Grandy’s case focussed on careers in the U.K. exotic dancing industry,10 Jean Helms Mills examined the impact of change programs on employees11 and Rosemary McGowan looked at the problem of work and eldercare The eventual winner was Rosemary McGowan, with her case “John Hamilton’s work and eldercare dilemma. Break the silence? Sustain the silence?” This case is included in the first part of this book. This case appears in Mills et al. 2006. 10 This case can be found in Mills et al. 2005: 291-304. 11 This case appears in Jones et al. 2006 and Mills et al. 2006. the dark side: critical cases on the downside of business Darkside IV The fourth year of the competition took place in Honolulu and saw a winning case that focused on the impact of a multinational company on a small rural community in India. Competition was strong, with cases on: • “Bhopal Gas” by Sanjib Dutta • “Manipulation, placation, partnership or delegated power: can community and business really work together when surface mining comes to town?” by Sherry Finney • “Nestlé’s social irresponsibility in developing countries” by Shirisha Regani and Sanjib Dutta • “Poison gas in a northern copper mine” by Tupper Cawsey and Gene Deszca The Finney case appears in the second part of this book. In the winning case, “The dark side of water,” Latha Poonamallee and Anita Howard (both of Case Western Reserve University) look at the appalling irony of how a multinational water bottling company depleted the water supply of a local community. This case appears in our fourth part on business and the global economy. Darkside V In 2006 the AoM moved to Atlanta in Georgia and the Darkside Case Competition was held for the fifth year. The strong competition generated three of the cases that are published in this book. Two finalist cases bookend the collection: Francine K. Schlosser’s “Leading the team out of the hazing blues yonder” deals with the problem of hazing and is the opening case of this book, while an examination of “Genocide in Rwanda: leadership, ethics, and organizational ‘failure’ in a post-colonial context,” by Brad Long, James D. Grant, Albert J. Mills, Ellen Rudderham-Gaudet, and Amy Warren is the final case in the book. The 2006 winning case by Monique Le Chêne and Emmanuel Raufflet, “The smell of power: Yves Rocher in La Gacilly, France,” describes the challenges of a dominant company on a local community and appears in the book’s second part. the critical need for critical cases: the dark side of business Raufflet and Mills Darkside VI Philadelphia was the location of the AoM annual meeting for 2007 and the sixth year of the Darkside Competition. This year’s competition also provided three cases for our collection. In “The story behind the water in Walkerton, Ontario,” Elizabeth McLeod and Jean Helms Mills detail the management failures that led to the deaths of several people from tainted water in a small Canadian community. This case appears in Part 3. In “Who takes responsibility for the informal settlements? Mining companies in South Africa and the challenge of local collaboration,” Ralph Hamman examines corporate responsibility for events in local communities. This case is included in the second part of the book. And, in the winning cases, Anne Lawrence examines human rights and corporate global citizenship in “Google, Inc: figuring out how to deal with China,” and Kevin McKague and Oana Branzei in “City Water Tanzania” highlight innovative forms of providing water in Dar es Salaam. Lawrence’s case forms part of the book’s fourth part. From Darkside VII to the Dark Side Case Book The seventh Darkside Competition provided no less than four of our featured cases. In 2008, at the AoM meeting at Anaheim, California, the CMS Interest Group was promoted to a full division and participants of the Darkside Competition heard cases about: • A chlorine spill and stakeholder responsibility (“Dark territory: the Graniteville chlorine spill” by Jill Brown and Ann K. Buchholtz—see Part 3) • Global corporate relations and the production of hazardous materials for toys (“Mattel Inc.: lead-tainted toys” by Adenekan Dedeke and Martin Calkins—see Part 4) • Dubious marketing strategies (“Antiquorum Auctioneers: building brands on ignorance?” by Benoit Leleux—see Part 1) • A business model based on employee degradation (winning case “Hugh Connerty and Hooters: what is successful entrepreneurship?” by Mary Godwyn—see Part 1) As the 2008 AoM conference loomed, the Darkside Case-Writing Competition was entering its seventh year and had generated dozens of cases, including 25 finalist cases—a veritable wealth of teaching material. Yet, paradoxically, with 10 the dark side: critical cases on the downside of business one notable exception,12 the wealth of critical cases had not been published in a collective sense nor were they easily accessible. It was at this point that we, as former competition winners and organizers, decided to seek a publisher for a selected collection of cases. To that end, we began with competition winners, supplemented by other finalist cases that would round out each of the four sections of the book. This collection is the result of what we hope will become a series of critical case study books in the field of management and organization. These cases form a diverse and rich set from several countries, continents, and issues pertaining to interactions in business organizations as well as between business organizations and groups and societies. The book is divided into four parts. The first sheds light on gray areas in the behavior of businesses. The second concerns the interactions between business and local communities in diverse countries. The third part concerns crises, and specifically how companies may create or manage crises. The fourth and last part concerns gray areas in business behavior in the global context. References Bird, F.B. (1996) The Muted Conscience: Moral Silence and the Practice of Ethics in Business (Westport, CT: Quorum Books). —— and J.A. Waters (1989) “The Moral Muteness of Managers,” California Management Review 32.1: 173-88. Fukuyama, F. (1992) The End of History and the Last Man (New York: Free Press). —— (2008) “The Fall of America Inc.,” Newsweek, October 2008. Ghoshal, S. (2005) “Bad Management Theories are Destroying Good Management Practices,” Academy of Management Learning and Education 4.1: 75-91. Hamschmidt, J. (ed.) Case Studies in Sustainability Management and Strategy: The oikos collection (Sheffield, UK: Greenleaf Publishing). Jones, G.R., A.J. Mills, T.G. Weatherbee and J. Helms Mills (2006) Organizational Theory, Design, and Change (Toronto: Pearson, Canadian edn). Mills, A.J., T. Simmons and J. Helms Mills (2005) Reading Organization Theory: A Critical Approach to the Study of Organizational Behaviour and Structure (Toronto: Garamond Press, 3rd edn). ——, J. Helms Mills, J. Bratton and C. Foreshaw (2006) Organizational Behaviour in a Global Context (Peterborough, ON: Broadview Press). Waddock, S. (2005) “Corporate Citizen: Stepping in to the Breach of Society’s Broken Contracts”, Journal of Corporate Citizenship 19.3: 20-24. Westley, F., B. Zimmerman and M.Q. Patton (2006) Getting to Maybe: How the World is Changed (Toronto: Random House of Canada). 12 McKague and Banzei’s case was published in Hamschmidt 2007.