Ethics Memo for MGT 2210

Yount, Inc.

Memo

To:    Mr./Ms. VP
From:    Account Executive Matthew Henderson
Date:    October 13, 2014

Re:    Expense Reports
Confidential   
   
It has come to my attention that some of our sales reps are padding their expense reports.  Aside from the financial implications, the ethical implications are unnerving.

I believe this is an issue which needs to be addressed.  If this is happening with my team of sales reps, I can only imagine it is happening with other teams.

Perhaps it is in our best interest to investigate the issue in an attempt to discover why this might be occurring.  Perhaps the sales reps are feeling under paid or otherwise unrecognized for their work.  If this is the case, the issue might be resolved through negotiation.  An employee who feels underpaid or underappreciated could easily (though not rightfully) rationalize this type of behavior.

However, if this is occurring due to “crowd mentality” or as an exploitation of a blind spot then I believe the sources need to be discovered and addressed.

This could undermine the ethical values which Yount has worked so hard to achieve.

Please advise.

Letter to Investor for MGT 2210

YOUNT, INC.

BROOMFIELD, CO


10/8/2014

Matthew Henderson
Yount, Inc.
Broomfield, CO

Mr. Angel

Dear Mr. Angel

We are excited to announce the extension of Yount, Inc. to an international stage!  As you may be aware, Yount, Inc. is well known in the U.S. medical industry as the leader in medical technology.  Yount, Inc. is most widely recognized for its landmark Na-No-CancerTM nano-robot which delivers a molecular payload to cancer cells, programming them to self-destruct.  With the help of your contribution, we are proud and excited to share our revolutionary medical technology vision with the rest of the world.  Our initial goal is to introduce our technology with the medical markets of Canada and Italy, and to establish a manufacturing plant in Brazil.

Yount, Inc. has determined that the Na-No-CancerTM nanobot does not violate either the Export Administration Act of 1985 or the Arms Export Control Act.  Furthermore, Yount, Inc. has already acquired an approval from the U.S. Food and Drug Administration (FDA) and has an export certificate from them.  This means that Yount, Inc. is in compliance with the Federal Food, Drug and Cosmetics (FD&C) Act.  We are confident that we have met all of our legal obligations in this venture.

Yount has identified two companies with whom it is negotiating contracts:  MedItalia in Italy and MedCanada in Canada.  We have chosen these two companies based on their exemplary reputation and their relationships with their respective governments.  We have built a strong relationship with these two companies and are in the process of negotiating contracts.

In both cases we have all agreed that the Contracts for the International Sale of Goods (CISG) is the most agreeable choice of law.  This will prevent any bias and/or prejudice on behalf of any one government or company.  This will also ensure that any changes in contract will affect all parties involved.

Yount, Inc. has firmly held that any resolutions should made in Colorado courts.  This will enable Yount to modify or adapt in a timely manner.

Because of the revolutionary nature of our product, we are determined to use English as the language of our contract.  MedCanada has agreed to these terms, however; MedItalia is still considering these terms.  We have already encountered translation hardships attempting to explain our devices and procedures in Italian.  We believe MedItalia will see these complications and agree to our English terms.

All of the involved countries have strong economies, however; we believe that, despite our current recession, the United States economy is the most reliable.  MedCanada has agreed to a contract using US Dollars.  We are in negotiation with MedItalia regarding the US Dollar or the Italian Euro.  We believe that it is in our best interest to rely on the US Dollar, however; we are willing to be flexible in negotiations of currency with MedItalia.

In both cases, Yount will require a letter of credit from MedCanada and MedItalia.  We believe this will keep all parties financially responsible, protected and accountable.  This will also keep Yount accountable for accuracy in shipping.

The nature of medical practices in Canada and Italy are very well understood by MedCanada and MedItalia, respectively.  Yount, Inc. has made a name for itself on a worldwide stage with its Na-No-CancerTM nanobot.  Our research shows that there is high demand for our product in Canada and Italy.  Because of the socialized nature of medicine, we believe that national negotiations are best left to MedItalia and MedCanada.  We have all agreed to a licensing agreement which will give all parties the flexibility and accountability to effectively accomplish our goals.

The North American Free Trade Agreement (NAFTA) enables Yount, Inc. and MedCanada to trade freely.  As a member of the European Union (EU), Italy is bound by EU treaties and laws.  This makes trade with MedItalia slightly more challenging.   We at Yount, Inc. are ready to meet this challenge.

Finally, Yount, Inc. is opening a manufacturing plant in Brazil.  We have located some land near the city of São Luis in the State of Maranhão where we would like to begin development of our plant.

Yount, Inc. is aware of the ethical implications regarding this venture and we want to ensure our investors and other stakeholders that we are approaching this move with a utilitarian philosophy.  We hope to bring the most good for the greatest number of people.  That includes our stakeholders, investors, and the good people of Brazil and São Luis.  It is our hope to bring economic stimulation to the region with new jobs and fair pay.  We are also taking environmental precautions to reduce our waste and leave little impact on the Brazilian eco-system.  We are aware of the Foreign Corrupt Practices Act (FCPA) and we can assure you that Yount, Inc. is directly involved in every aspect of this venture and we’ve placed Yount employed ethics officers along the way to ensure that we maintain the standards which make Yount, Inc. so reliable. 

Your contribution is greatly appreciated.

To Your Heath,

Matthew Henderson
Account Executive
Yount, Inc.

Written Assignment for MGT 2210

Written Assignment #1

Part I: Statutory Law
H.R. 2748 – Postal Reform Act of 2013

Rep Issa, Darrell E. [CA-49] introduced this bill in July of 2013.  His hope is to reform and modernize the United States Postal Service by:

1)    Reducing mail delivery to 5 days per week
2)    Eliminating door delivery and establish centralized curbside delivery
3)    Establishing a plan to close 30% of USPS area and district offices by Oct. 2015
4)    Creating a temporary “checks and balances” office – Service Financial Responsibility and Management Assistance Authority
5)    Moving selection of Inspector General to the President (removing from Board of Governors)
6)    Protecting the USPS from reduction-in-force procedures
7)    Ensuring employee fringe benefits, health benefits, and insurance

I agree that the USPS needs reform.  Most of these objectives sound reasonable and worthwhile.  It’s hard to say if it would or would not work, but this sounds like the most viable plan I have heard for USPS reform.  I would agree with the goals.

Part II: Constitutional Law
1)    The nine justices of the Supreme Court are:

a.    Chief Justice: John Roberts
b.    Samuel Alito
c.    Stephen Breyer
d.    Ruth Bader Ginsburg
e.    Elena Kagan
f.    Anthony Kennedy
g.    Antonin Scalia
h.    Sonia Sotomayor
i.    Clarence Thomas

The Chief Justice is the chief administrative officer for the federal courts and acts as the spokesperson for the Judicial Branch.  The Chief Justice also administers the Oath of Office of the President.

2)    Interesting Site Features:
a.    Organization and Relatedness:  I think it’s great that archives are sorted by topic, author, party, etc…
b.    Past Judge Decisions:  I like that you can see a Justice’s profile and past decisions

3)    Title: WINTER v. NATURAL RESOURCES DEFENSECOUNCIL, INC.

Citation: No. 07-1239
Supreme Court of the United States, 2008

Summary: Plaintiffs assert that MFA sonar (used by the Navy) causes serious injury to animals.  The Navy disputes this claim.  Plaintiffs sue seeking declaratory and injunctive relief on the grounds that the training exercises violated the National Environmental Policy Act of 1969 (NEPA).

The District Court entered a preliminary injunction prohibiting the Navy from using MFA sonar during its training exercises.  The Court of Appeals the District Court for a narrow remedy.  The District Court then entered another preliminary injunction, imposing six restrictions on the Navy’s use of MFA sonar for training.  The injunction required the Navy to shutdown MFA sonar when a marine mammal was spotted within 2,200 yards of a vessel, and to power down sonar by 6 decibels during conditions known as “surface ducting”

The Council on Environmental Quality (CEQ) authorized the Navy to implement “alternative arrangements” to NEPA compliance in light of “emergency circumstances.”  The CEQ allowed the Navy to continue its training exercises under voluntary mitigation procedures that the Navy had previously adopted.

The Navy moved to vacate the District Court’s preliminary injunction in light of the CEQ’s actions.  The District Court refused to do so, and the Court of Appeals affirmed.  The Court of Appeals held that the balance of hardships and consideration of public interest favored the plaintiffs.

Court’s Holdings: Held:  The preliminary injunction is vacated to the extent challenged by the Navy.  The balance of equities and public interest tip strongly in favor of the Navy.  The Navy’s need to conduct realistic training with active sonar to respond to the threat posed by enemy submarines plainly outweighs the interests advanced by the plaintiffs.

The “possibility” of irreparable harm standard is too lenient.  The plaintiffs need to demonstrate that irreparable injury is likely in the absence of an injunction.

Implications: This ruling has the potential for the military to dismiss the environmental impacts of its trainings.  This ruling also weighs the importance of “possible” national threats over “possible” injury to natural environments. 

4)    BURWELL v. HOBBY LOBBY STORES, INC. ()
No. 13-354, 723 F. 3d 1114; No. 13-356, 724 F. 3d 377
Supreme Court of the United States, 2014

Facts:  The Patient Protection and Affordable Care Act of 2010 requires specific employer’s group health plans to furnish “preventative care and screenings” for women.  Employers are generally required to provide coverage for the 20 contraceptive methods approved by the Food and Drug Administration, including the 4 that may have the effect of preventing an already fertilized egg from developing any further.
    Non-profit organizations and religious employers are exempt from this.  Insurances issuers must exclude contraceptive coverage from these employers’ plans and provide plan participants with separate payments for contraceptive services.
    Three for-profit corporations have sued HHS (Department of Health and Human Services) under RFRA (Religious Freedom Restoration Act) and the Free Exercise Clause in opposition to the 4 objectionable contraceptives.
    In No. 13-354, the District Court denied Hobby Lobby preliminary injunction, but the Tenth Circuit court reversed.  It held that under RFRA businesses are “persons” and the contraceptive mandate substantially burdened their exercise of religion.

Issue: Does the HHS regulations imposing the contraceptive mandate violate the RFRA?

Decision: Yes, the HHS regulations violate RFRA.

Reasoning: RFRA applies to regulations that govern the activities of closely held for-profit corporations like Hobby Lobby.  HHS sees non-profit businesses as a “person” which dispatches the belief that for-profits are the same.
    HHS’s contraceptive mandate substantially burdens the exercise of religion.  It requires these organizations to engage in actions which violate their sincere religious beliefs.  If they refuse to participate, they face severe economic consequences or penalties.

Implications:  This decision allows corporations to force their religious restrictions on their employees as a means of “practicing religion”.  This could potentially lead to imposingly restrictive corporate policies in the name of “religion”.

Aristotle vs. Rousseau: The Nature of Man for PHI 1030

Aristotle vs. Rousseau: The Nature of Man

Much like reverse-engineering, philosophers tend to dig at the root of a subject, systematically dissecting and inspecting it to see what makes it tick in order to have a better understanding of how it works.  Unlike reverse-engineering, philosophers generally tend to study metaphysical or theoretical subjects.  This lack of physical evidence builds the platform on which a variety of philosophical differences occur.  The subject may be dissected and studied only by careful contemplation and not everyone may agree with the outcome.

Both Aristotle and Rousseau contemplated the nature of man.  Both were attempting to discover the pinnacle of man; or where, how, and why man not only lives but thrives.  Aristotle and Rousseau both considered man in relation to animal as well as man in relation to himself.   However, Aristotle’s and Rousseau’s considerations of the nature of man had seemingly opposite conclusions.

In Nicomachean Ethics, Book One, Chapter Two, Aristotle claims, “Knowledge of the good would seem to be the concern of the most authoritative science, the highest master science.  And this is obviously the science of politics, because it lays down which of the sciences there should be in cities, and which each class of person should learn and up to what level.  And we see that even the most honourable of faculties such as military science, domestic economy, and rhetoric, come under it.”

Aristotle is advocating society and politics as the “highest master science” in pursuit of the knowledge of the good.  He is claiming that the pinnacle of man’s achievement is to manage more than just himself and his household, but also the cities and greater populations.  He goes on to state, “For even if the good is the same for an individual as for a city, that of the city is obviously a greater and more complete thing to obtain and preserve.  For while the good of an individual is a desirable thing, what is good for a people or for cities is nobler and more godlike thing. “

Rousseau, on the other hand, seems to think of man at his pinnacle in his most primitive state.   His Discourse on Inequality seems to come from a state of discontent with the way things are.  He writes, “Discontented with your present conditions for reasons which presage for your unfortunate posterity even greater discontent, you will wish perhaps you could go backwards in time – and this feeling must utter the eulogy of your first ancestors, the indictment of your contemporaries, and the terror of those who have the misfortune to live after you.”  Rousseau seems to imply that the advent of man was man at his pinnacle and everything thereafter is the descent of man.

Both Rousseau and Aristotle view man, currently, as a social animal.  Rousseau argues that society and societal obligations are accomplices of man’s descent.  Aristotle argues that society and the mastery of societal obligations is what improves mankind.  The two authors seem to be investigating the same subject, but from different motives.  Aristotle appears to be contemplating how to improve the individual man by having him contribute to society and mankind as a whole.  Rousseau gives the impression of hopelessness in society and mankind but advocates man as an individual.  Aristotle sees the good in a utopian society and Rousseau sees society as the corruption of mankind.
 
This is interesting when consideration is given to the idea that Aristotle is pursuing “the good” and Rousseau is attempting to identify and explain inequalities.  Aristotle starts from a positive position and Rousseau starts from a negative position.  They both begin their dissection of mankind from a similar point in time; yet end up in very opposing positions.

Rousseau sees current society as a plight, saying, “Man has other enemies, which are much more intimidating and against which he has not the same means of defending himself; his natural infirmities – infancy old age, and illnesses of every kind – melancholy proofs of our own weakness, the first two being common to all animals, the last belonging chiefly to man as he lives in society.”  He argues that the illnesses of today would not exist but for their ability to fester and adapt in our cities and close proximity populations.

Perhaps it is Rousseau’s consideration of mankind within nature which separates his views from Aristotle’s.  Rousseau’s views seem to have a wider focus and a larger field of depth.  By comparison, Aristotle seems to narrowly view mankind and how mankind might improve, but he never approaches the subject of society’s role in relation to the rest of nature.
 
Perhaps, if the two were to meet and argue their points, Rousseau might note this more universal perspective as his main argument.  Aristotle might argue that man, in pursuit of the good, would consider his interactions with nature so that a harmony might be achieved.

Following along as these two philosophers depart on investigations in nearly opposite directions from a nearly identical position is a fascinating endeavor.  There are so many interesting nuances; some subtle, some not so subtle.  It is hard to decide if one philosopher has a better point than the other because both make valid arguments for their respective cases.  It seems to me that it very nearly comes down to a glass half full/glass half empty argument; neither is entirely incorrect, and neither is entirely correct.

Marketing Presentation for MKT 3000

Landing Gear Presentation for AES 3000

Building a Sustainable Organization in the 21st Century for MGT 3000

 
Planet Express

Mission Statement: We aim to earn your trust by providing quick and careful delivery locally and nationally with you, your parcel, and your planet in mind.

Planet Express is a national delivery service, similar to UPS, FedEx, and USPS.  By utilizing practices such as paperless billing, re-usable packaging, renewable energy, and partnering with local couriers, Planet Express plans to consume half of the natural resources of our competitors.  At Planet Express we strive to meet the customer at their level in order to satisfy their delivery needs.

Planning

Strategic Goals:  Become a leading national and international delivery service while maintaining social and environmental responsibility and being a beneficial choice for the customer, our employees and our world.

 Using eco-friendly vehicles and networks of bicycle couriers to get packages to their destinations will allow us to be environmentally friendly while maintaining quick and reliable service that customers are used to from competitive delivery services.

To ensure customer satisfaction while remaining eco-friendly we encourage customers to send packages in re-used shipping boxes.  We are not upset by them using old UPS, Fed-Ex, USPS, or DHL boxes, likewise using old bubble wrap, newspapers, or anything that will help ensure the packages safety in transit.  We will have recycled materials as well to help with packing for purchase at a minimal charge.

We want to build a synergetic relationship with other small businesses as well as individual customers.  We hope to be a part of their growth and them a part of ours.

We encourage grass-roots marketing; this is bringing in local businesses and partnering with them to put on events encouraging people to shop local and remain environmentally friendly.   We want this to happen because we strive to use only American made products and not bring in supplies from other countries.  This helps keep businesses afloat in our backyard and helps us keep an eye on our suppliers as well. If they ever need help within our capacity, we are more than happy to lend a hand and further build that relationship.

By staying local we can appeal to smaller markets on a more intimate level and trend toward their individual needs.  We will also appeal to the non-profit sector offering free or “donated” deliveries and using it as charitable donation tax write-offs.  By staying with the trends in our society we will use all forms of social media to advertise as well as using eco-friendly businesses to help advertise; like public transportation.

We will be hiring people locally and not moving people and uprooting them from where they are comfortable and familiar. It starts in the shipping centers where we need people that are able bodied for the tasks of sorting and making sure the packages end up at the right place, we will try and be as less-mechanized as possible creating more jobs for local economies.  We need a fleet of trucks and we will need mechanics to maintain the upkeep as well as a team to ensure that they are cleaned.  Drivers are important as well, we need people who can operate these vehicles properly and safely in a time efficient manner.  For the bike couriers we will house a bike mechanic in the major hubs so they can continue to have their bikes functioning properly and set up for success.  The bike couriers must be physically capable of riding long distances with weighted down bikes and familiar with the local areas they are servicing.

In the stores we require fun and friendly people who believe in what we are doing and practice sustainability themselves.  In the major hubs we will have marketing and sales teams who are responsible for setting up accounts and getting our name out there with localized specifications.  We want people to feel connected to us as well as them feel like we actually care about the areas in which we choose to do business.

Once we accomplish these things and we are make a strong impact locally and nationally, we hope to take things overseas.  Figuring out a good match to transport our packages overseas in an environmentally friendly manner is a big challenge that we are in the process of figuring out.  We continue to strive for a negative carbon footprint and to be an industry leader so people can feel good about sending parcels with us and know that they are helping to slow the world crisis down.

Organizing

Planet Express covers a vast area, and in order to ensure our customers’ complete satisfaction, we need to have an organized and developed company.  The uniqueness of Planet Express comes from the decentralization of power from CEO’s down to city offices.  This aspect of the company allows for fast and flexible decision making to satisfy the needs of our customers.  This also allows the company to carry-on should an unforeseen crisis occur.  Planet Express uses a team-based structure along with a geographic-based divisional structure to accomplish our goals. The advantages of being a team-based structure are reduced barriers among departments, shorter response time, customizable customer service and better morale and enthusiasm from employee involvement.  We plan to employ geographic based teams in major cities consisting of 250,000 employees nationwide.  These teams will employ environmentally friendly practices as well as work with local couriers to sustainably deliver customers packages.  Throughout our organization, divisions and teams we will implement digital technology in an attempt to be a completely paperless company. 

Leading

Planet Express will embrace a modern and more contemporary post-heroic approach to leadership through practicing humility by focusing on the success of the company, and more importantly, on the team members who helped to achieve organizational goals.  Planet Express intends to recognize and award excellence in productivity, customer satisfaction, and contributions to environmental sustainability first by granting positions of power to individuals who encompass the crucial characteristics of level five executives.  These high level employees will have proven through their past work experiences and accomplishments, that they have surpassed the need for personal recognition and can dedicate 100% of their efforts toward achieving strategic goals.  The goals of Planet Express require those in positions of leadership to exude moral character and integrity.  The company will require ongoing evaluations of CEOs to reassure the public that Planet Express will prioritize moral and honest business methods.  The company’s effort in holding decision makers to the highest standards is by no means intended solely to gain customer loyalty.  Equally important to Planet Express is the influence our chosen leadership style will have on employees at all levels within the company as organizational goals can only be met by motivated and productive employees.

In order to motivate employees to put forth their best efforts while working at Planet Express, it’s understood that meeting their needs is required for job satisfaction and will be a top company priority.  We believe our staff will experience intrinsic rewards as they will be encouraged to bond with other employees and offer ideas to management.  Our organization hopes to foster a community atmosphere for those who share a common passion for hard work and environmental responsibility.  Our company will offer ongoing training to provide dedicated employees with opportunities for career advancement as Planet Express will favor hiring from within the firm for higher level positions.  We also intend to offer competitive wages with bonus opportunities in hopes of motivating our staff to embrace tasks with more responsibility and to provide consistently high levels of productivity.  Insurance will be provided as well to maintain and protect the health of our drivers and cyclists as well as those in positions with a smaller chance of work related injuries.  Planet Express values our workers and is driven to become an employer of choice with long-term employees and a low rate of turnover.

Planet Express’s goal of environmental sustainability is what distinguishes our organization from competitors and provides us with a competitive edge.  This goal is valued globally and the company understands that simply generating profits does not constitute overall success.  Contributing to economic growth is among another goal of the company.  With hopes of expanding nationally and then globally, Planet Express is optimistic about the volume of employment opportunities that will be created.  Launching the business in the United States will create more jobs while simultaneously contributing to the growth of US based companies by utilizing shipping products created in US factories in an effort to support American businesses.  Planet Express intends to take on a leadership by example role, therefore gaining the trust of our customers and employees.

In summary, Planet Express will achieve organizational goals through humble and success driven leadership strategies based on moral character and integrity.  We are confident that our values and work ethic will be embraced by all members of our workforce as well as consumers resulting in a significant positive impact on the environment and Planet Express brand loyalty.

Controlling

Planet Express is continuously attempting to improve.  We achieve this by setting clear and achievable short-term goals along with some long-term stretch goals.  We care for our customers and so we listen to what they have to say.  We use the feedback we get to improve our company and our service delivery systems.  This feedback control model allows us to meet our various customer needs while improving the operations of our company.  We aren’t content unless our customers are content.
We also utilize internal feedback to improve our processes and employee relationships.  Every three months we provide employees on all levels the opportunity to give us uncensored and unrestricted feedback.  If there’s a problem within our organization, we want to correct it quickly before it becomes a bigger problem.  We value the opinions of all of our employees and encourage them to speak up if they discover any inefficiencies.

Planet Express is constantly shopping for new, sustainable and cost-efficient resources.  We then transfer those cost-savings to our customers to provide the highest quality service and the lowest possible price.  We are always on the lookout for ways to save our clients expenses while improving the sustainability of our resources.  Our electric vehicles allow us to deliver on par with our competitors but at a fraction of the cost.  Our fleet of bicycle couriers eliminate that cost altogether and provide our customers with a customized personal delivery, wherever they may be.

Planet Express is proud of its eco-friendly policy.  We believe in this cause so much that we invest four percent of our net income to green transportation technology research and development.  Our long-term goal is to become a world-wide delivery service.  We hope to help fund the discovery of the future of eco-friendly, world-wide travel and harness that technology to deliver parcels globally while minimizing our carbon footprint.

Our bottom-up budgeting combined with our open-book management and decentralized control allows our teams the flexibility to create an ideal environment for excellence, quality and responsive customer service.
 
Each of our divisions is assessed by a quality circle and each quality circle reports to a larger, organization-wide quality circle.  These circles are composed of volunteer employees and managers and are utilized to identify inefficiencies within the organization.

With these controls in place and the advent of long-distance eco-travel, we hope to effectively realize our goal of becoming a leader in international delivery services within the next seven years.