Neil R. Luebke's Commentary
The main issue in "Borrowed Tools" is internal
whistleblowing. As I see it, the nasty turn this case takes
near the end is not so much a result of something that Michael
did but, rather, a result of the actions of the contract
procurement agent.
Let us first look at this situation from the point of view
of the XYZ Corporation. Al House is certainly abusing XYZ's
generous policy concerning the borrowing of company tools.
Assuming these tools could not be used for any company project
but are rather used only for his personal ends, if confronted
by an officer of the corporation such as the Contract
Procurement Agent, Al would have a great deal of difficulty in
explaining his orders. We do not know how widespread in the
corporation is the kind of abuse that Al engages in. Al himself
seems to have little reluctance in allowing other people to
know of his activities. Apparently Bob Deal, the contract
salesman, knows about it. Al's confronting the other engineers
he works with suggests that they are also in a position to know
about his activities. The chief engineer of the unit and the
contract procurement agent, however, seem not to know. We do
not know the dollar value of Al's orders over the period of
time, but we can assume that by now they probably total several
hundred dollars. There is no doubt Al is using company
resources for his own purposes--in effect, stealing from the
company--and his actions are, accordingly, immoral and possibly
illegal. Al's actions are similar in some ways to those of a
bank teller who takes home a few bills from time to time to
help his own financial assets or a salesman in a men's store
who might take a shirt or a tie on occasion for his own
wardrobe. Al, of course, does not keep the tools as his own; he
merely "uses" them. In these latter two cases, it is difficult
to imagine that, when the thieving party is confronted by the
evidence, the person would insist on knowing what co-workers
had "ratted" on him.
By contrast, no one in our story seems to focus on evidence.
Michael had suspicions, and his suspicions seemed to be
confirmed only by an overheard conversation. The Contract
Procurement Agent does not seem to respond with an
investigation of the record but repeats the assertion to the
chief engineer. The chief engineer does not investigate but
simply confronts Al with this transmitted piece of testimony.
As the message reaches Al, it has the distinct form of an
accusation made by a co-worker rather than as a charge of
wrongdoing made by a company officer.
This unfortunate handling of the problem seems to be
symptomatic of a number of things that are unfortunate about
the XYZ Corporation. For one thing, there do not seem to be
appropriate personnel relationships or corporate "climate." Al
and Michael do not get along; Michael has little confidence or
trust in the chief engineer; both Al House and the contract
salesman Bob Deal seem to think it is acceptable to steal from
the company; both the contract procurement agent and the chief
engineer seem to be more concerned with passing along an
interesting story than in investigating the facts; and,
finally, Michael, although he tells what he thinks is the
truth, feels so insecure regarding his position in the company
that he easily lies.
Although the immediate issue in this case is internal
whistleblowing, the larger issue is about the corporate
climate, communications, and policies involved. Let us consider
alternative actions at some of the junctures in this story. The
first juncture is when Michael's suspicions regarding Al
House's activities are, at least in his own mind, confirmed by
overhearing the conversation. What should he do now? Were he to
confront Al, Al would probably claim that the tools were going
to be used on some future project even if they did not have an
immediate use, or else he might say, "Michael, you don't know
what you're talking about!" Before Michael goes any further, he
should make sure that Al House is ordering tools for which
there is not, nor will be, any use within the company. In other
words, Michael needs more than just his own impressions. Even
though Michael seems to think the chief engineer is not a
person of trust, he might very well be. Michael might, in some
nonaccusatory manner, try to investigate concerning the type of
order that Al was placing. He need not start out by naming Al;
rather, he might ask the chief engineer whether ordering such
and such a tool would be appropriate for the activities of
their unit. In addition, there are other persons Michael might
talk to for guidance, either his fellow workers or one of the
officers of the local engineering society.
Let us suppose through one route or another Michael does
come to talk with the contract procurement agent. By the time
he discusses the matter with the agent, he ought to have more
than a set of suspicions to back up his serious accusations.
Since the contract procurement agent has access to records that
perhaps Michael does not, the agent should investigate those
records to find out whether the kind of abuse that Michael is
describing has actually taken place over a period of time. The
Contract Procurement Agent could then meet with the chief
engineer to go over the record of tool orders. There is no
reason for the contract procurement agent to reveal that
Michael or anyone else talked to him about a specific
individual. The agent's job is not to convey an accusation but
to see whether abuses have taken place. If, as a matter of
record, it can be shown that abuse has taken place and that Al
House has been the principal party bringing about the abuse,
then the job falls to the chief engineer to decide what to do
regarding Al. At this point, the chief engineer is not merely
passing along a suspicion by some fellow worker; the chief
engineer is confronting Al with what seems to be a violation of
company policy. Unless this task is undertaken by some other
administrator, it is the chief engineer's responsibility to
present Al with his alternatives. Al could claim innocence and
want to have protection to show that he was innocent. Or, even
if Al did the abusive acts, company policy might permit him to
get off with restitution of costs plus a letter of reprimand in
his file. At worst, Al might be threatened with legal action
and with termination.
Finally, let us suppose the scenario goes as it does to the
point of Michael being confronted by Al's charge of having
ratted on him. As intimidating as Al probably is, Michael could
take the offensive, responding to Al's charge of having ratted
on him with a line such as, "Well, Al, did you do it? Did you
order the tools for your own use?" If Al protests strongly that
he did not, Michael may at this point wish that he had
developed a better-substantiated case. Or Al could say, "Well,
yes, of course I did, but everybody does it!" Michael could
then respond, "That doesn't make it right, Al!" And he could
continue with something like the following: "Look, Al, at this
point it doesn't make any difference who or what led the
company to find out what you're doing. As I see it, you're in
serious trouble! If I were you, I wouldn't waste your time
talking to us. You probably ought to talk to the chief engineer
or someone else in the company to find out how to save your
job!"
More than anything else, this case illustrates the need for
companies to be concerned with relationships among their people
and with the effect of corporate policies and actions on the
loyalty of those employees. If the company had an ombudsman or
a clearer policy regarding internal whistleblowing, Michael
might not have gone forward in such a disorganized and later
fearful manner. If there had been more concern on the part of
company officials with the facts rather than the personality
gossip, the story might have proceeded in a better fashion.
One final comment is in order. As a number of writers have
asserted [for example, Richard DeGeorge in Business Ethics (New
York: Macmillan, 3rd ed., 1990), pp. 212-213; or Ronald Duska
in DesJardins and McCall, Contemporary Issues in Business
Ethics (Belmont, California: Wadsworth, 2nd ed., 1990), p.
146], we are not usually required to be self-sacrificial moral
heroes in whistleblowing cases. Richard DeGeorge claims that
one necessary condition for whistleblowing to be morally
obligatory, rather than merely morally permissible, is a good
reason to believe the act of whistleblowing will result in
appropriate and successful corrective action. There is little
in "Borrowed Tools" to confirm this condition.
Cite this page:
"Neil R. Luebke's Commentary"
Online Ethics Center for Engineering
3/27/2006
National Academy of Engineering
Accessed: Thursday, February 09, 2012
<www.onlineethics.org/Resources/Cases/CompanyResources/CompanyResourcesLuebke.aspx>