Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
When talking about Ethics the tendency is to get all philosophical and academic. But you and I know better, right? Let’s test that assumption. One way to think about Ethics is “I know it when I see it!” But it’s more likely that we know it when we see signs of unethical behavior. After all, it’s what we business ethics practitioners do best. We are paid to notice! My friend Professor Tom White (PhD in Philosophy by the way) says that ethics used to be about keeping the help from stealing the silverware. But where I grew up in the Bronx we didn’t have any “help” or silverware. Professor White has long since moved on from the classic philosophers to teaching business ethics (one of the few who does). He is also the creator and patron saint of the International Business Ethics Case Competition (IBECC). Look it up on line and sign up to be a judge for these fabulous students from around the world. They have deep insights into the world of global business they will soon enter. I learn from them every time. Wikipedia tells us that Ethics is a branch of philosophy that involves systematizing, defending and recommending concepts of right and wrong conduct. But how is ethics different from morals? I found this interesting view on a Google search: while they are sometimes used interchangeably, they are different: Ethics refers to rules provided by an external source, e.g., codes of conduct in workplaces or principles in religions. Morals refer to an individual’s own principles regarding right and wrong. Not bad! The simplest way to think about it is also from Professor White: “Ethics is from the Greek. Morals is from the Latin. Simple. They mean the same thing.” I’ll go with that! Again, generally, both are frameworks to think about and resolve questions of good and evil, right and wrong, virtue and vice, justice and crime. In our world of business ethics, I think it’s about the standards we will work toward to deliver to our customers what they pay us to make for them; to keep our company out of trouble; and our people out of prison. We develop Codes of Conduct; Ethics and Business Conduct policies; Anti-corruption policies; supplier Codes of Conduct; and so much more. We train to those policies. We put in place call lines, ethics lines, hot lines – we advertise them on posters. We have teams of people (internal and external) who manage the calls, investigations and responses. We are serious about doing the right things the right way. And there are lots of alphabet soup enforcement agencies waiting to step into our breaches. With a little bit of luck and careful scrutiny of the front pages and cable news, we can steer a course to better results than the companies that grab the headlines for the bad choices they made. So what should we tell our corporate leaders and co-workers about the difference between ethics and morals? I wouldn’t worry about that. I would rather encourage them to travel the right path. They know what it is and where it takes us. Ethics is about what we do when nobody is looking! What’s your advice?
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
It feels like I ought to have something profound to say now that we have come to the end of our ethics alphabet. I could quote Winston Churchill, during the German blitz of London during the Second World War: “This is not the end. Neither is it the beginning of the end. Rather it is the end of the beginning.” But I will resist that temptation!
I think simple is better, so I will quote that great philosopher Barney Rosenberg who famously said: “If you love what you do and you admire the people you do it with, there ought to be a better word to describe it than work.”
I hereby empower you to enjoy what you do. Be zealous about the mission. Be grateful for the opportunity to deploy your talents, skills, ambitions and vision in a shared set of purposes with other like-minded people. Be proud of all you are achieving, every day.
People have often come to me and said: “I have good news and bad news.” My answer over time has evolved and I now respond: “Tell me the bad news and let’s fix it, together. We will have plenty of time later to celebrate our successes.” But remember to celebrate them!
I am going to stop here. Our voyage on the stormy seas of business ethics will continue. These are shark infested waters. But our zeal will deliver us safely to the other shore. It has been fun sharing my reflections with you.
Please keep those cards and letters (and texts and emails) coming. I don’t pretend to have all the answers but together we can paint a clearer picture than I can paint alone.
Goodbye for now!
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
The easiest word to say in business is also one of the shortest in the English language: NO
Did anyone ever get into trouble for saying “No, let’s not do that deal.” Or “No, legal says it’s illegal.” Or “No, those are not our kind of people. I don’t have a good feeling about this.” Or “No, this is not an investment we are prepared to make at this time.”
The challenge we face is finding ways to get to YES without a jail sentence hanging over our heads and respecting the organization’s constituents: our customers, our suppliers, our regulators, the prosecutors, and our co-workers. It’s about conducting our business ethically while competing intensely.
It’s about:
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
All right, true confessions. I have been dreading X in this series. But, with your support, let’s give X a try. We all remember solving for X from high school algebra. The unknown factor in an equation.
So what is the unknown factor that makes an organization successful? What’s the mystery behind organizations that withstand the test of time, money and demanding stakeholders?
Let’s try X as in setting an Xample or Xecute on commitments. Those are pretty good elements of a sound, effective ethics program. Maybe add in X as in X-ray for transparency. Also a good trait of successful leaders and entities.
Maybe X is the sum total of all of our alphabet soup so far. It would contain elements of compliance, due diligence, integrity, kindness, openness, respect, and trust. That’s 7 letters of the alphabet. Maybe that would be X². Too much to ask? What do you think?
Is X a person? The unity of many people? The vision of a few?
We all know the –X element (minus X), when things are not going well. We audit, we search for metrics. Can’t catch a break! At a company I know, an engineer was hired away from a competitor. He brought with him an external hard drive containing every important project he worked on at the competitor. Everyone knew that was wrong but they did nothing about it until a customer noticed the competitor’s drawings in the company’s bid documents! Heads rolled. A lot of them! That’s what happens when all else fails.
When we live up to commitments we develop a reputation for doing that. It’s called honesty and integrity. Reputation may actually be the X factor. There are web sites where people seem to feel empowered to tell you what it’s really like to work at a company…unvarnished and raw. We all know which side of that balancing act we want to be on.
I have described an ethics program I helped implement from the ground up as being built on 3 guiding principles: honesty, integrity and respect for others. I still like that formulation and for me, they combine to give us the X factor we all need. It unifies all the policies, procedures and lofty statements of purpose.
Let’s go with that. What do you think? Now’s the time to weigh in. We are getting to the end of the alphabet but not the end of the journey.
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
I am certainly not an expert on this subject. But I do hear a lot of chatter about Millennials and Gen-Xers and whatever groups come before or after them. It usually comes in the form of criticism and is often from Baby Boomers who are lamenting that things were so much better in the good old days…when we were young and starting our careers. We have written evidence from the ancient Romans that they thought the young folks were just not up to their standards. Rubbish! Surely they could rob, pillage and plunder with the best of them…until the Empire collapsed. Or maybe that’s why the Empire collapsed. Hmmm.
One definition of work ethic is: “The principle that hard work is intrinsically virtuous or worthy of reward.” Another is that it is “a moral good.” Try this one courtesy of Wikipedia: “Work ethic is a belief that hard work and diligence have a moral benefit and an inherent ability, virtue or value to strengthen character.” Fair enough, if the opposite is slacking off as a life style or being born rich with a “silver spoon in your mouth.”
When did different become bad?
And hasn’t the nature of work changed over time? Hunters/gatherers. Farmers. The Industrial Revolution. The knowledge revolution. The computer age. How about universal education as a good thing? If only it were truly universal.
How long should the work day be? 8 hours? 10? 24? What if I am able to do in 4 hours what you can only do in 8? Should I get ½ as much money as you? How about twice as much because I am better at my job than you are? What if I am a night owl and am most productive between midnight and 6AM. Should I have to drive into a factory or office during “normal business hours”? If it’s a factory job may. That might be the only place where I can do the job because of the equipment. What if I collaborate with colleagues halfway around the globe. During what hours should we do that? Whose time zone?
It’s performance review time. Who is being reviewed and by whom? Which age category do they fit in? Does it make a difference? How are we supposed to measure performance and what standards should we apply? If I am a young, gifted, rising star and I manage a group of workers who are close to retirement, what do I tell them? You have a future in this company if you do A, B, and C?
Help me out here. I have read that new entrants into the workforce will have 8 careers during their lifetime. Not 8 jobs. 8 careers. One of my children works for Google which didn’t exist when she was born. Neither did the technology and algorithms behind Google’s success.
So what will “work ethic” mean when her two-year-old daughter enters the workforce?
Any thoughts?
THE EMOLUMENTS CLAUSE(S) AND PRESIDENT DONALD J. TRUMP
Copyright © 2018
By Barney Rosenberg
President, Ethics Line, LLC
United States Federal District Judge Peter J. Messitte and I have been friends for more than 50 years. We served as Peace Corps volunteers together in Brazil in the 1960s, became law partners upon our return to the States, and have been the closest of friends ever since.
I am delighted to have an opportunity to discuss the landmark case that he recently decided relative to possible corruption on the part of U.S. President Donald J. Trump.
One Clause of the U.S. Constitution, the Foreign Emoluments Clause, provides that no person holding an office of profit or trust under the United States shall receive any present, emolument, office or title of any kind whatsoever from a foreign government, unless Congress approves. The Domestic Emoluments Clause, which refers to the federal and state (not foreign) governments, says specifically that the President’s salary shall not be increased by an emolument.
Until the 52-page Opinion of Judge Messitte was written just a few weeks ago, neither of those Clauses had been interpreted by a Federal Court.
It is well known that Donald Trump, a billionaire, has a far-flung business empire of hotels, restaurants, meeting spaces, and on and on, throughout the world. One of his prized properties is the Trump International Hotel in Washington, D.C. which, during the short time of its existence, has brought in millions of dollars in revenue. Even before President Trump took office, many commentators were citing his likely violation of the Foreign Emoluments Clause by reason of ownership of these facilities, many of which specifically cater to patronage by foreign governments.
Eventually the Attorneys General of the State of Maryland and the District of Columbia decided that the hotel and event space facilities in their jurisdictions were being unfairly disadvantaged by the glittery Trump International Hotel in the District of Columbia, so they undertook to file a lawsuit against the President based on the Emoluments Clauses. The President’s attorneys argued that the Clauses have no application to him because he is giving a service through his hotel and only getting fair payment in return. The Attorneys General, in contrast, argued that the word “emolument” in both Clauses referred not just to payments in addition to the President’s salary; it included any “profit,” “gain” or “advantage” that he might receive from a foreign, the federal, or state government, regardless of whether it was in connection with his office as President. The Plaintiffs pointed to the fact that a number of foreign governments had made statements to the press that they were staying in the Trump International Hotel expressly in order to curry favor with the President.
The matter first came before Judge Messitte, who has been a Federal Trial Judge for 25 years (for 8 years before that a State Court Trial Judge), to decide whether the State of Maryland and the District of Columbia had “standing,” to pursue the claim. In an earlier Opinion, the Judge decided that they did.
The issue then became, what did the word “emolument” mean? Very few Americans have ever used the word “emolument” in a sentence until now, and most have no idea what it means. As a true scholar, Judge Messitte enlightened us all. The Plaintiffs mustered a mountain of historical evidence including studies of hundreds of dictionaries from the 17th, 18th and 19th centuries that defined the word “emolument” as any “profit,” “gain” or “advantage.” Only a few dictionaries of the same period tied the term directly to employment. And there were numerous other uses of the term by Founding Fathers, legal scholars, and others of the period (e.g. Adam Smith), that were fully in accord with the Plaintiffs’ view. The case was vigorously argued by both the Plaintiffs and the President’s attorneys.
Six weeks after hearing oral argument from the attorneys, Judge Messitte issued his 52-page Opinion, adopting the Plaintiffs’ view. The word “emolument,” he concluded, means essentially any “profit, gain or advantage” so that, insofar as the President might be receiving revenues from foreign governments through the Trump International Hotel, Plaintiffs had stated viable claims of violation of the Foreign Emoluments Clause and, insofar as the President might be receiving revenues from State governments staying at the hotel, they had stated a viable claim of violation of the Domestic Emoluments Clause as well.
The ruling was immediately hailed as historic and almost universally praised in the national press and other media.
Undoubtedly titanic battles lie ahead. What will the defense of the President be? Will he attempt to delay the proceedings by filing an emergency interlocutory appeal? What kind of inquiry (i.e. discovery) will the Plaintiffs be allowed into the financial affairs of the President? He has been notoriously resistant to disclosing any private financial information, including his tax returns. Until President Trump, this sort of information had been invariably provided by all Presidents.
These and other questions besides these remain.
But it is fair to say that, since Judge Messitte’s ruling, the door has been opened to exploration of possible inappropriate financial activity on the part of the President who, we are reminded, as President Nixon was to learn the during Watergate scandal of the early 1970's, is clearly Not Above The Law.
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
A few years ago I boarded a flight in Los Angeles for a 14 hour flight to one of my company’s remote locations. I had been on the phone with a few of the employees there for a couple of weeks and they had supplemented the calls with emails/documents electronically. When I got there, late at night on whatever day it was, we met for dinner and a little more conversation about the awful state of affairs at the business site. We put faces to the names. We established what I hoped to achieve. And we agreed that the mission that brought me there was to get to the bottom of things and see if it was possible to repair the situation.
This was a classic case of dis-unity!
My plan of action was as follows:
At the core, isn’t every ethics program about trust? And if trust is earned over time, does that mean we must begin from a place of distrust? It gets a little complicated. As someone who manages the calls to the hotline of a global, European based aerospace company, I can tell you that 80% of the calls to our hotline are HR related. And of those, the overwhelming number reflect a lack of trust in managers and colleagues. The complaints are often grounded in disrespect, a definite deal breaker in the trust department!
So let’s take a closer look at what organizations do to generate, extend and sustain trust.
First, we like to say that we hire the right people. Easy to say. OK, let’s assume that we have on-boarded the right folks for our culture. They have the right skill sets, the right education, the right inclination. But they do not and never will work alone. They will be part of a team or a department managed by someone who will be a world class manager. Or not! The great manager may move on. The bad manager may move up. The promising new employee may feel betrayed…a component of trust.
The employees trust that we will give them all the tools they will need to succeed. Actual tools and supportive tools. They entrust their financial and professional future to the “organization”. Now that’s a disembodied concept: the organization, the company, the business. All of them are only as good as the people within them. They have aspirations and goals. They may have families that depend on them. We want them to succeed so that the rest of us can succeed.
So, we provide training along the way. The right way and hopefully not the wrong way to manage work relationships. The respectful way!
We have classroom training, on-line training and on-the-job training. We have remedial training when someone gets it wrong. We are all about the tools to get the job done.
A wise man once observed that if the only tool in your tool box is a hammer, every problem looks like a nail!
Trust is a bit like training for the Olympics. It’s really hard to get into shape and really easy to get out of shape. So we need to cultivate the muscle memory of our trust. The more we trust the better we get at doing it. As I said in an earlier article in this series about the ABCs of Business, “Trust but verify”. And so, we audit, we measure output and quality, we encourage and support.
In the article “M is for Metrics” we looked at how hard it is to measure ethical behavior. Instead, it seemed much easier to spot unethical behavior and respond appropriately…up to and including termination of employment.
If I had to summarize what trust is all about in the work setting, I would have to say it is a two way street. We get as much or as little trust as we give.
At the risk of sounding preachy, I will offer this thought: take a chance on people. You selected them from the population of candidates for the job. Get out of their way and let them do what they are good at – making things, keeping more of the proceeds of the business, succeeding. And say “thank you” more often. Then sit back and feel the trust!
Your turn. Is there enough trust in your organization? How did you generate it? How will you keep it?
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
Let’s spend a couple of sentences together pondering what “respect” means at work. Typical definitions speak to us in terms of “a feeling of deep admiration for someone or something elicited by their abilities, qualities or achievements.” OK. So what.
Some of you who know me are aware that I am a big fan of Aretha Franklin. Yes, I admire her. But I love her music! And I have been known to quote from her songs in my ethics presentations and even to play her songs during my presentations. You’ll see another example in the next article in this series, “S is for Supply Chain”.
For now, don’t tell me you have never heard Aretha sing “R_E_S_P_E_C_T, find out what it means to me!” If you haven’t already done it, stop reading and download it to your playlist…and listen to it, often!
What respect means to me, in the business context, is less about how we “feel” and more about how we treat the people we come in contact with. In companies like most of ours, those people come from many countries, speak many languages, have different family experiences, different educational backgrounds, different skills and talents, different aspirations and ambitions. In fact, we might as well ask, what do we have in common? Well, one important thing is that we work for the same organization and have made a commitment to doing the right things the right ways. It’s called respect – for our customers, their customers and consumers, our suppliers, our regulators and for each other.
In the State of California, in the USA, the government has mandated that we take 2 hours of training every two years, to learn/be reminded how to prevent harassment in the workplace. The training, generally on line, deals with the prevention of sexual harassment, gender bias, bullying and intimidation, to name a few of the subject areas.
A company I know very well has written the concept of respect into its code of conduct. Every employee gets a printed copy and it’s posted on the public Internet for anyone to read. It says:
“We treat each of our stakeholders with respect at all times. That includes respect for our co-workers and the communities in which we operate. We embrace the diversity of background, experience and family within our organisation (British spelling), ensuring that our company is a place where everyone has the opportunity to flourish. We treat others as we would like to be treated.”
We might ask “What does a place that does not value respect look like?” Well, in my earlier article “F is for the other 4 letter F word” that other word is FEAR. Such places are characterized by a lack of trust and often high turnover is staff. At one such site I am familiar with, the general manager was a big time bully. And in the space of one day there were 9 complaints about him that came through the company hot line. Following a thorough investigation, the general manager was informed that his services were no longer required!
So how about this. Send in some examples of your organization (American spelling) and the good ways people demonstrate respect. I will share them after sanitizing the company name, if that’s what you want me to do. Thank you!
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
As someone who spends a lot of time on airplanes, I try not to think about quality as being anything but absolute perfection. Someone said “Perfection is a direction, not a destination.“ I’m not buying it!
When people who mean well ask me “How was your trip?” my typical, smart aleck, aerospace answer is “It was my favorite kind. The same number of takeoffs and landings!”
Suppose your bank told you that they had a great business record. They were right about your account 98.5% of the time! Would you say “That’s great. Congratulations!” Or would you move your account to a different bank?
So, as people who care about business ethics, how should we process the very notion of “defects per million”?
How about the food we eat. What’s a little botulism or salmonella among friends? Most of the time the food in that restaurant’s salad bar is just fine.
In the USA and many other countries, there are government agencies that inspect food, equipment, pharmaceuticals and many other products for safety and quality. Why do we need them if the manufacturer/merchant is responsible for the quality of what they sell us?
I think quality is an essential element of integrity. It goes a long way to defining what kind of business we are and what we care about. By the way, the same applies to service industries like accountants, lawyers, dry cleaners, and yes, the medical profession. But don’t get me started on that. You are hereby invited to share with us your examples of medical malpractice. And while you’re at it, why is it called practicing medicine? Aren’t they supposed to have mastered the craft before they lay a hand, stethoscope or scalpel on us?
OK, maybe that’s a little harsh but I am feeling a little hostility as I think about Q is for Quality! As I have said in earlier articles, the best managers can be blunt about the messages they deliver. It’s OK to say “Do it right, now!” It’s never OK to say “Do it right now!” What a difference a tiny comma makes.
Another way to think about this is that nobody’s perfect. True. And nothing is perfect. But let’s at least make a serious commitment to doing everything we can think of to keep people safe. That means no “normalization of deviance.” No using old, out of date analog test equipment when the specifications call for digital equipment. And it means delivering the message in our policies, our procedures, our training and our communications to customers, suppliers, regulators, and each other that “This quality thing is important to us. It’s our badge of honor. And honor is an essential element of ETHICS.”


Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
Leadership can be an elusive concept. Some leaders sit atop a power pyramid of sorts and rule by decree. Once, on a trip to Paris with my middle daughter, who was 10 years old at the time, we found ourselves in the Tuileries Garden, not far from the Louvre Museum. It was originally built for Catherine de Medici in the year 1564. Later, it was home to King Louis XVI of France and his wife, Marie Antoinette, she of “let them eat cake” fame. And yes, the French Revolution.
In the garden today is a headless statue of a woman, identified as Marie Antoinette. I tried explaining to my daughter that Marie Antoinette had been married to the King of France when the royal family ended up headless, for real, and the revolution ended all that monarchy business. She asked in her innocent way, “How do you become a king?” My immediate response was “Well, you kill more people than anyone else and that you claim that you did it in the name of God.”
In business, we hope that our leaders don’t emerge from that kind of “selection” process but some do leave a path of destruction to get to the top!
Other leaders rise through the ranks of an organization, starting at the bottom in entry level jobs and proving their ability at every step along the way…or rung on the ladder. They know the organization better than anyone else.
And then there are the recruiters or executive search firms. They are often hired by the Board of Directors to bring new blood and fresh ideas to organizations that need it. The old ways and personnel no longer serve the needs of an organization in a changing business environment. Sometimes (most of the time?) these new leaders lop off the heads (figuratively of course) of the old guard and bring in a new team (often of their trusted friends). I know of one executive who was promoted to the CEO job in a company where she had worked for years. She proceeded to get rid of everyone senior who had known her in a lesser role! Hail to the queen!
The best leaders are different. They inspire and encourage. They invite others to give their best. I once worked with such a leader. He famously held an all hands meeting where he asked in all sincerity, “What can I do better?” Stunned silence in the room until people realized he actually was asking for their opinion and advice. He said once when presented with the choice between good news and bad news, “Give me the bad news. Let’s solve our problems first. There will be plenty of time to celebrate later.” I took that approach to heart in my career and have tried to follow his guidance.
In the military, it is said that people salute the uniform. Until, that is, genuine respect is earned. Then they salute the person!
How does that happen? I will surely get the attribution wrong so I won’t try, just know that what I am about to write is not original and others deserve the credit. I am just passing it along!
There is a concept called MBWA. It stands for Management By Walking Around. The idea is that leaders can really only know what’s happening in their organization by getting up from their desks, getting out of their offices, and engaging with people where those people are getting the job done. I like it.
I also have defined MBWA as Management By Walking Away. The concept is that you hire capable, good, qualified people and let them do their jobs. I like this even better. It improves even further when leaders take the time to say “Good job!” and “Thank you!”
A final thought about leadership. More business leaders need to earn the salute rather than demand it.
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
Copyright © 2018 by Barney Rosenberg
President, Ethics Line, LLC™
barney@ethicslinellc.com
Allow me a few sentences and I will tell you what that other word is! I promise.
Imagine that you are sitting in your office, logged onto your computer when the emails start arriving and the phone starts ringing. Some of your co-workers at a manufacturing location are worried about one of their colleagues who has been acting strangely. They worry that he may come in one day and “go postal” (see explanation * below) and they don’t know what to do. They don’t know who to tell.
The other F word is FEAR!
You agree to meet with them after hours, off campus. Six of them show up and tell you how bad things are. The words LACK of trust keep coming up. But FEAR is the biggie!
An intervention is called for and you reach out to a psychologist you know and have worked with before. He specializes in industrial situations and is truly spectacular.
Together with the site HR folks you organize a group meeting with 20 front line supervisors and the psychologist. After introductions and some warm ups, he poses this question: “Suppose during the next performance evaluation cycle you don’t give them their written evaluation on the day of their review. Instead, you give the people you work with their written evaluations the night before. That way they can take it home; read it over; think about it; and come in the next day for a deeper, more productive conversation.”
The reaction would have been hard to predict. “Oh, no! They’ll just get angry and act out violently!”
Turns out they were afraid of the people they supervised.
And the people they supervised were: