CE 401 Civil Engineering Seminar TrueSteel Affair DISCUSSION GROUP ACTIVITY

Transcription

1 TrueSteel Affair DISCUSSION GROUP ACTIVITY Last Update 8-Feb-19 7:08 AM Section 2 Week 5 Discussion Question Activity Report Question Group Leader B Burke Al Farsi Burke Sorenson Uecker Varga 1 D Daily Boswell Cecconi Dailey Fitch Moore, W 1 F Hinkel Campbell Hinkel Lampe Murrin 2 B Sorenson Al Farsi Burke Sorenson Uecker Varga 2 D Fitch Boswell Cecconi Dailey Fitch Moore, W 2 E Al Amri Al Amri Moore, P Singer Walters Zaidan 3 B Uecker Al Farsi Burke Sorenson Uecker Varga 3 C Cameron Cameron Day Sodergren Starzman Tai 3 E Zaidan Al Amri Moore, P Singer Walters Zaidan 4 A Monhollen Dunlop Garrison Monhollen Mullins Weddington 4 C Starzman Cameron Day Sodergren Starzman Tai 4 E Singer Al Amri Moore, P Singer Walters Zaidan 5 A Mullins Dunlop Garrison Monhollen Mullins Weddington 5 C Tai Cameron Day Sodergren Starzman Tai 5 F Campbell Campbell Hinkel Lampe Murrin 6 A Garrison Dunlop Garrison Monhollen Mullins Weddington 6 D Moore, W Boswell Cecconi Dailey Fitch Moore, W 6 F Lampe Campbell Hinkel Lampe Murrin Font Legend non-bold No post made, time for posting remains non-bold Late Post before consensus, 20% loss Bold Post made within Time Bold Post is made after consensus, 60% loss Non-Bold Leader-No Consensus Posted, -5 Points Ital. non-bold No Post Made, 100% loss

2 TrueSteel Affair QUIZ 3 RESULTS Quiz 4 Range: 4-10; Average 8.8 Historic 2-10; Average 6.5

3 Dilemma and Moral Imperatives Review From Last Week Dilemma is a situation that requires a choice between equally undesirable alternatives An Ethical Dilemma is a situation that requires a choice between two courses of action, either of which entails transgressing a moral principle. Conflicting Moral Principles, Conflicting Ethical Values, Conflicting Moral Duties, Conflicting Moral Imperatives

4 Dilemma and Moral Imperatives Review From Last Week Dilemma is a situation that requires a choice between equally undesirable alternatives An Ethical Dilemma is a situation that requires a choice between two courses of action, either of which entails transgressing a moral principle. Conflicting Moral Principles, Conflicting Ethical Values, Conflicting Moral Duties, Conflicting Moral Imperatives

5 Dilemma and Moral Imperatives Review From Last Week Dilemma is a situation that requires a choice between equally undesirable alternatives An Ethical Dilemma is a situation that requires a choice between two courses of action, either of which entails transgressing a moral principle. Conflicting Moral Principles, Conflicting Ethical Values, Conflicting Moral Duties, Conflicting Moral Imperatives

6 Dilemma and Moral Imperatives Review From Last Week Dilemma is a situation that requires a choice between equally undesirable alternatives An Ethical Dilemma is a situation that requires a choice between two courses of action, either of which entails transgressing a moral principle. Conflicting Moral Principles, Conflicting Ethical Values, Conflicting Moral Duties, Conflicting Moral Imperatives

7 Dilemma and Moral Imperatives Review From Last Week Dilemma is a situation that requires a choice between equally undesirable alternatives An Ethical Dilemma is a situation that requires a choice between two courses of action, either of which entails transgressing a moral principle. Conflicting Moral Principles, Conflicting Ethical Values, Conflicting Moral Duties, Conflicting Moral Imperatives

8 Dilemma and Moral Imperatives What Is A Moral Imperative? Boswell

9 Dilemma and Moral Imperatives What Is A Moral Imperative? Something that must happen because it is a moral or ethical duty An ethical responsibility. What happens when a person treats a personal goal is if it is a Moral Imperative? Cecconi

10 Dilemma and Moral Imperatives

11 Dilemma and Moral Imperatives Can whistle blowing be a moral imperative if it will save lives? Weddington Is it right to regard winning a ball game as a moral imperative? Is it right to regard winning an election as a moral imperative? Is it right to regard getting a certain job as a moral imperative? Is it right to regard winning a spot on the US Olympic Team as a moral imperative?

12 Dilemma and Moral Imperatives Can whistle blowing be a moral imperative if it will save lives? Is it right to regard winning a ball game as a moral imperative? Weddington Is it right to regard winning an election as a moral imperative? Is it right to regard getting a certain job as a moral imperative? Is it right to regard winning a spot on the US Olympic Team as a moral imperative?

13 Dilemma and Moral Imperatives Can whistle blowing be a moral imperative if it will save lives? Is it right to regard winning a ball game as a moral imperative? Is it right to regard winning an election as a moral imperative? Sodergren Is it right to regard getting a certain job as a moral imperative? Is it right to regard winning a spot on the US Olympic Team as a moral imperative?

14 Dilemma and Moral Imperatives Can whistle blowing be a moral imperative if it will save lives? Is it right to regard winning a ball game as a moral imperative? Is it right to regard winning an election as a moral imperative? Is it right to regard getting a certain job as a moral imperative? Sodergren Is it right to regard winning a spot on the US Olympic Team as a moral imperative?

15 Dilemma and Moral Imperatives Can whistle blowing be a moral imperative if it will save lives? Is it right to regard winning a ball game as a moral imperative? Is it right to regard winning an election as a moral imperative? Is it right to regard getting a certain job as a moral imperative? Is it right to regard winning a spot on the US Olympic Team as a moral imperative? Day

16 Dilemma and Moral Imperatives

17 Dilemma and Moral Imperatives Tanya Harding is the IDI Poster Child See the Sign in the Background: DO WHATEVER IT TAKES She Elevated Her Personal Goal To A Moral Imperative

18 Core Ethical Values CORE VALUES FROM VARIOUS GROUPS Josephson s Six Pillars of Character: 1 Trustworthiness 2 Responsibility 3 Respect 4 Justice and Fairness 5 Caring 6 Civic Virtue/Citizenship Seven Cardinal Virtues: 1 Justice 2 Prudence 3 Fortitude 4 Temperance 5 Faith 6 Hope 7 Charity

19 Core Ethical Values CORE VALUES FROM VARIOUS GROUPS Josephson s Six Pillars of Character: 1 Trustworthiness 2 Responsibility 3 Respect 4 Justice and Fairness 5 Caring 6 Civic Virtue/Citizenship Boy Scout Creed: 1 Trustworthy2 Loyal 3 Helpful 4 Friendly 5 Courteous 6 Kind 7 Obedient 8 Cheerful 9 Thrifty 10 Brave 11 Clean 12 Reverent

20 Core Ethical Values CORE VALUES FROM VARIOUS GROUPS Josephson s Six Pillars of Character: 1 Trustworthiness 2 Responsibility 3 Respect 4 Justice and Fairness 5 Caring 6 Civic Virtue/Citizenship Institute For Professional Practice (IPP): Engineers 1 Integrity 2 Honesty 3 Fidelity 4 Charity 5 Responsibility 6 Self Discipline

21 Core Ethical Values CORE VALUES FROM VARIOUS GROUPS Josephson s Six Pillars of Character: 1 Trustworthiness 2 Responsibility 3 Respect 4 Justice and Fairness 5 Caring 6 Civic Virtue/Citizenship Top References of Core Values When People Asked: 1 Integrity 2 Honesty 3 Respect 4 Excellence 5 Education 6 Family 7 Responsibility 8 Leadership 9 Service

22 Ethics Theory and False Theores Moral Philosophers Have Debated Right and Wrong for hundreds, thousands of years Four Theories have withstood scrutiny and test of time Duty Ethics Rights Ethics Virtue Ethics Utilitarianism Each Starts from different definition of proper conduct, but for most cases, each yield similar results

23 Truesteel Affair

24 Truesteel Affair

25 Truesteel Affair

26 Truesteel Affair

27 Ethics Theory and False Theores FALSE THEORIES OF ETHICS They do not withstand scrutiny

28 Ethics Theory and False Theores FALSE THEORIES OF ETHICS They do not withstand scrutiny Ethical Egoism:The sole duty of each person is to maximize his own good with no self restraint.

29 Ethics Theory and False Theores FALSE THEORIES OF ETHICS They do not withstand scrutiny Ethical egoism is the moral doctrine that everyone ought to act to promote his or her own interests exclusively. James Rachels equates ethical egoism with racism in terms of its conceptual construction. Racists divide all people into groups and treat people differently based on the trait of one s race but have no justification for concluding that their own race is any better than others, rendering racism an arbitrary doctrine. Similarly, ethical egoists demand that we divide the world into two categories of people ourselves and all the rest and that we regard the interests of those in the first group as more important than the interests of those in the second group. 6 The egoist can offer no justification for the distinction between the two groups. Hence, Rachels concludes that ethical egoism is an arbitrary doctrine and that others should be given the same moral consideration as ourselves because their merits and desires are comparable to our own. Overall, ethical egoism is a widely-rejected ethical theory with few contemporary advocates. Developing ethical egoism into a coherent, functional ethical theory would require massive revision to the original principle.

30 Ethics Theory and False Theores FALSE THEORIES OF ETHICS They do not withstand scrutiny Ethical Egoism:The sole duty of each person is to maximize his own good with no self restraint. Ethical Conventionalism: Ethics reduces to the law or custom of a society or culture, but believing something is right does not make it right.

31 Truesteel Affair FALSE THEORIES OF ETHICS

32 Ethics Theory and False Theores FALSE THEORIES OF ETHICS They do not withstand scrutiny Ethical Egoism:The sole duty of each person is to maximize his own good with no self restraint. Ethical Conventionalism: Ethics reduces to the law or custom of a society or culture, but believing something is right does not make it right. Divine Command Ethics: God commands what is right and wrong, but what should be do about Son Of Sam who killed because God commanded him through dogs to kill?

33 Ethics Theory and False Theores FALSE THEORIES OF ETHICS They do not withstand scrutiny Ethical Egoism:The sole duty of each person is to maximize his own good with no self restraint. Ethical Conventionalism: Ethics reduces to the law or custom of a society or culture, but believing something is right does not make it right. Divine Command Ethics: God commands what is right and wrong, but what should be do about Son Of Sam who killed because God commanded him through dogs to kill?

34 TrueSteel Affair Discussion Question #1 Almeder defines a bribe as offering something of value to a person for the purpose of "securing privileged and favorable consideration (or purchase) of one's product or corporate project." Based on his analysis, he concludes that "the wisest policy" is a complete "prohibition of any gift-giving between companies (and their representatives) and persons with whom companies do (or wish to do) business either directly or indirectly." In 3 or 4 sentences, explain why you agree or disagree with Almeder s conclusion about a complete prohibition on any gift giving. If you disagree with Almeder s conclusion, cite a specific example when gift giving between companies (and their representatives) and persons with whom companies do (or wish to do) business either directly or indirectly would be acceptable and would not have either the intent or outcome of securing favorable consideration for the gift giver s project or product. Group A: Dearing Group B: Burke Group C: Al Kaabi Group D: Daily Group E: Hildabrand Group F: Hinkel

35 Introduction & Incident At Morales Discussion Question #2 Almeder s asserts, all that is needed to move a gift into the category of a bribe is that (a) the person receiving the gift be in a position to make a decision that enhances the assets of the giver and (b) the gift be of such a non-token nature that it is reasonable to think that it may put the interests of the given in a privileged status even when all else is equal. In 3 or 4 sentences, state whether you agree with Almeder s assertion, and explain why. Group B: Kachelhoffer Group C: Shoaili Group E: Hartsek Group B: Sorenson Group D: Fitch Group E: Al Amri

36 Introduction & Incident At Morales Discussion Question #2 Almeder s asserts, all that is needed to move a gift into the category of a bribe is that (a) the person receiving the gift be in a position to make a decision that enhances the assets of the giver and (b) the gift be of such a non-token nature that it is reasonable to think that it may put the interests of the given in a privileged status even when all else is equal. In 3 or 4 sentences, state whether you agree with Almeder s assertion, and explain why Would any gift given between business associates satisfy the second criteria? Who currently do business together? Who want to do business together? If some gifts would not satisfy condition (b), give some examples.

37 TrueSteel Affair Discussion Question #3 In Truesteel, Truesteel s non-engineer owner, Mr. Carter, ordered delivery of defective trusses to the project over the objections of his engineer, Robert Williams. Citing the De George criteria and based on a De George analysis of Robert s decision, explain what Robert Williams should do and the De George basis for that action. Group A: Stanula Group B: Uecker Group C: Bawi Group C: Cameron Group F: Scott Group E: Zaidan Does it matter in this analysis that Robert KNOWS the trusses are unsafe rather than simply BELIEVES they are unsafe?

38 TrueSteel Affair ETHICAL DECISION MAKING ANALYSIS Why would you say Robert KNOWS the trusses are unsafe rather than simply BELIEVES so? When Robert Faces Mr. Carter about fixing the trusses, and Carter says, Cut the hysterics Robert. All I want to know is will you get in my way? What decision must Robert make? Does Robert face an ethical dilemma? Who Are the Stakeholders? What Options Did Robert Have? What Rationalizations Appeared in the Video?

39 TrueSteel Affair Discussion Question #4 In Truesteel, we know Robert Williams decided to "not get in Carter's way" this time. Previously, I asked you to discuss Robert's whistle blowing option. Ruling out these two options, discuss in 3 to 4 sentences whether it would be ethically viable for Robert to quietly resign from Truesteel, and continue his career elsewhere. Group B: Powell Group D: Berry Group E: Hatfield Group A: Monhollen Group C: Starzman Group E: Singer

40 TrueSteel Affair Discussion Question #5 In Truesteel, Robert Williams decided to "not get in Carter's way" this time. Previously, I asked you to discuss Robert's whistle blowing and resignation options. Ruling out these three options, discuss in 3 to 4 sentences whether Robert could pursue an option that would result in modification/repair of the defective trusses. In this regard, be sure to address the following issues: Would this solution require Mr. Carter s agreement, and if, how would Robert secure that agreement? Absent Mr. Carter s agreement, who would bear the cost of the repair? Group A: Pingleton Group D: Filafusi Group F: Mattingly Group A: Mullins Group C: Tai Group F: Campbell

41 TrueSteel Affair Discussion Question #6 In Truesteel, Robert Williams talks to a colleague, Jimmy Chan, who is also an engineer, in a bar about Robert s situation. Chan stops Robert s explanation and says, Look Robert, you do the wrong thing an I know about it In 2 or 3 sentences, explain the reason it is significant to Chan than he knows about Robert doing the wrong thing. Be sure your explanation touches upon the code of ethics as well as a previous reading by Malek about professional responsibilities and obligations to the public. Group B: Zimmerman Group D: Smith Group F: Fathergill Group A: Garrison Group D: Moore, W Group F: Lampe

42 TrueSteel Affair TrueSteel Affair Analysis (1 of 7 Slides) Robert knew the trusses were not right and as fabricated, the trusses posed a threat to the public and others. The video program left no doubt about the certainty of Robert s knowledge on this point, as opposed to being his belief about the trusses. However, Mr. Carter, who is not an engineer, refused to take the time or spend the money to fix the trusses, and Mr. Carter told Robert that if he resists, Robert will cause the employees at Truesteel to lose their jobs due to the bank s impending foreclosure. Carter demands that Robert not get in the way.

43 TrueSteel Affair A word of caution about buying in too willingly to assertions like Carter s that Robert would cause everyone to lose their jobs, even if Truesteel is forced out of business due to bankruptcy. Carter says he wants to continue to employ these people, but Carter does not have a right to employ anyone. The market for fabricated steel is governed by the laws of supply and demand, and if Truesteel does have to shut down, the demand for fabricated steel is unaffected. Therefore, other fabricating companies, and possibly new fabricating companies, will expand to meet the demand, providing employment opportunities for the vast majority of the displaced Truesteel work force. While there would be employment displacement for all, for the vast majority that displacement would be short term as the market adjusts. Some employees, like Fergus, may not be quite so fortunate, but that also is not Robert Williams fault. (2 of 7 Slides)

44 TrueSteel Affair Robert had to decide whether he would get in Carter s way regarding the deficient trusses. As we say, he decided to go along with Carter, and he allowed the deficient trusses to go into the structure as fabricated. Going along with Carter advances the ethical principle of Loyalty at the expense of ethical principles of responsibility, law abidedness, pursuit of excellence, and several others. (3 of 7 Slides)

45 TrueSteel Affair For this reason, technically, Robert faced an ethical dilemma, and going along with Carter is at least arguably an ethically viable option. However, it is important to note that Michael Josephson cautions that loyalty is unique among ethical values and one should be hesitant to advance loyalty at the expense of other ethical principles when loyalty is the only ethical value on that side of the calculus. Michael also points out that a person who asks another to violate an ethical principle solely in the name of loyalty is making a disloyal act. (4 of 7 Slides)

46 TrueSteel Affair The dilemma Robert faced begs the question: Why would Robert Williams go along with Carter under the circumstances in this case? To go along with Carter, Robert had to gamble the public safety, and the interests and well being of the client and Truesteel on the hope that the defective trusses would not fail. Clearly, if the trusses do not fail, Robert avoids conflict with Carter, Carter can continue to operate Truesteel, and as the video shows us Robert will be rewarded for his loyalty by Carter. However, if the trusses do fail, Robert will pay a high personal price for his decision, losing his job and possibly losing his engineering career. Robert is not the only stakeholder to lose if the trusses fail. Carter, the client, and the public will sustain serious losses. Finally, a truss failure could cause personal injury or even loss of life. (5 of 7 Slides)

47 TrueSteel Affair This analysis indicates that the go along with Carter option should have a significant imbalance of harm over good results for the stakeholders, unless the non-failure gamble pays off for Robert. To repeat the key question: Why would Robert Williams go along with Carter under these circumstances? The only plausible explanation is that Robert placed his selfinterests above the public health, safety, and welfare, contrary to the code of ethics, and contrary to a reasonable ethical decision making analysis using the Josephson criteria. The trusses, as fabricated, did not satisfy code requirements. Furthermore, Robert s decision to go along with Carter violates the De George criteria for whistle blowing because he not only had moral permission to blow the whistle, Robert has a moral duty to do so per the De George analysis. (6 of 7 Slides)

48 TrueSteel Affair Did Robert do the right thing? I believe it is clear that he did not. Robert rationalized his action, and the following rationalizations appeared in some form in the video: I did it for others It is necessary (Carter s argument that Robert accepted) Everybody does it (7 of 7 Slides)

49 TrueSteel Affair Discussion Question #1 Almeder defines a bribe as offering something of value to a person for the purpose of "securing privileged and favorable consideration (or purchase) of one's product or corporate project." Based on his analysis, he concludes that "the wisest policy" is a complete "prohibition of any gift-giving between companies (and their representatives) and persons with whom companies do (or wish to do) business either directly or indirectly." In 2 or 3 sentences, explain why your company would or would not adopt a policy consistent with Almeder's conclusion. Almeder s conclusion is based on an appropriate analysis of the ethics involved with gift giving in a business context. His conclusion is based on a sense of fair competition in the marketplace. However, interpersonal relationships in business are often mixed with interpersonal relationships on a personal level (business associates are often good friends) and for this reason, a blanket prohibition on gifts to or from those you engage in business seems to remove an element of judgment that would allow some gift giving. It is my opinion that Almeder s prohibition may be unduly restrictive.

50 Discussion Question #2 TrueSteel Affair In 2 or 3 sentences, explain why you either agree or disagree with Almeder s assertion that all that is needed to move a gift into the category of a bribe is that (a) the person receiving the gift be in a position to make a decision that enhances the assets of the giver and (b) the gift be of such a nontoken nature that it is reasonable to think that it may put the interests of the given in a privileged status even when all else is equal. A complete prohibition on any gift giving between business associates, without regard to other aspects of those relationships, seems overboard. However, when a gift giver wants to influence a business decision such that the gift giver receives special consideration, I believe the gift giving crosses the line of impropriety.

51 TrueSteel Affair Discussion Question #3 Using the De George criteria for whistle blowing decisions, please explain how Robert Williams should address the situation at Truesteel relative to the defective trusses that Mr. Carter ordered delivered to the jobsite without modification. Robert knows the trusses are unsafe, he notified his supervisor (Mr. Carter) and exhaust internal channels at Truesteel (Mr. Carter) without eliminating the public hazard. Therefore, De George assigns moral permission for Robert to blow the whistle. Since Robert possesses evidence that would convince an objective third party that the public hazard is real, and since a whistle blowing action would probably eliminate the public hazard, De George assigns a moral duty on Robert to blow the whistle on Carter about the trusses.

52 TrueSteel Affair Discussion Question #4 In Truesteel, we know Robert Williams decided to "not get in Carter's way" this time, and we also know how that worked out. Previously, I asked you to discuss Robert's whistle blowing option. Ruling out these two options, discuss whether it would be ethically viable for Robert to resign from Truesteel, and quietly move on with his career elsewhere. Robert is the only professional engineer involved in the truss situation. If Robert were to disappear from the scene, there would be no one left who has a duty to properly address this public hazard. For this reason, it is probably not ethically viable for Robert to resign from Truesteel and quietly leave town to take another job because this option does not take into account and recognize the interests and well being of the stakeholders.

53 TrueSteel Affair Discussion Question #5 In Truesteel, Robert Williams decided to "not get in Carter's way" this time. Previously, I asked you to discuss Robert's whistle blowing and resignation options. Ruling out these three options, discuss in 3 to 4 sentences whether Robert could pursue an option that would result in modification/repair of the defective trusses. In this regard, be sure to address the following issues: Would this solution require Mr. Carter s agreement, and if, how would Robert secure that agreement? Absent Mr. Carter s agreement, who would bear the cost of the repair? While taking steps to fix the trusses would clearly eliminate the public safety concern Robert has about the inadequate trusses. However, from a practical point of view, it would be nearly impossible for Robert to accomplish this approach without Mr. Carter s agreement because the repairs would require the labor and other costs, paid for by Carter/Truesteel. However, if Carter agrees to make the repairs, the ethical dilemma in this case is eliminated. In the alternative, Robert could dig into his own pocket and pay for the truss repairs, but it is difficult to distinguish this approach from a whistle blowing action because it would require certain disclosures, if only by implication, to those outside the Truesteel organization. Since blowing the whistle should accomplish the same results, why not treat the I will pay for the repairs approach as equivalent to whistle blowing. For these reasons, fixing the trusses does not appear to be a viable option in and of itself unless Robert quietly pays for the repairs out of his own pocket without drawing any attention to Carter or Truesteel over improprieties.

54 Discussion Question #6 TrueSteel Affair In Truesteel, Robert Williams talks to a colleague, Jimmy Chan who is also an engineer, in a bar about Robert s situation. Chan stops Robert s explanation and says, Look Robert, you do the wrong thing an I know about it In 2 or 3 sentences, explain the reason it is significant to Chan than he knows about Robert doing the wrong thing. Be sure your explanation touches upon the code of ethics as well as a previous reading by Malek about professional responsibilities and obligations to the public. Chan is an engineer and he has knowledge that Robert (another engineer) has violated the code of ethics, and possible violated the law with respect to the defective trusses. Chan has an ethical obligation to report Robert.