Question
Dynamic Enterprises is a large publicly traded corporation. It is a holding company with subsidiaries in several businesses, including oil and gas exploration, the manufacture
Dynamic Enterprises is a large publicly traded corporation. It is a holding company with subsidiaries in several businesses, including oil and gas exploration, the manufacture and distribution of pesticides, the distribution of broadband communication products, the manufacture and distribution of materials used to make fences, and the distribution of visual communication products for the healthcare industry.Dynamic Enterprises and its subsidiaries are overburdened by federal and state regulations and administrative claims.Notwithstanding this, all of Dynamic Enterprises' subsidiaries have seen their profits increase each of the past five years, and a good dividend has been distributed by each of them every year. However, there have been a number of difficulties in 2019 as follows:
- The federal Environmental Protection Agency and state Departments of Environmental Protection are claiming violations of many regulations by the companies involved in the pesticide and the oil and gas industries.
- An unusually high number of employees in the manufacturing businesses have sustained OSHA-reportable injuries during the past five years, and OSHA has been conducting relatively frequent surprise investigations and has issued citations with increasingly high fines.
- There have been many vigorous disputes involving the fence material manufacturer and the union who has just been successful in being approved by the employees, and the NLRB has interceded and hearings have been held with more anticipated.
- All of the subsidiaries in the different businesses have been the subject of investigations by the EEOC and state Human Relations Commissions because of questionable employment practices.
- An objective person could look at the business operations of Dynamic Enterprises as being loose on compliance with federal and state regulations and focused solely on having the highest profits possible. Which of the theories of ethics and social responsibility on pages 713 - 720 of the textbook does Dynamic Enterprises seem to follow why? (You can identify more than one theory if you more than one applies.)Please explain your answer.
- Some new members of the Board of Directors do not like what they see about the company's lack of compliance with many regulations and the impact that this has on the company. What different theories of ethics that represent greater social concern can they espouse? Please explain your answer.
- OSHA citations are issued by OSHA as part of its executive power. Dynamic Enterprises wants to challenge some recent OSHA citations. (A) What administrative procedure is going to be followed?(B) Explain the difference between substantive and procedural administrative law.(C)Who will preside over an administrative hearing, and how will the hearing proceed?(D) Is there any ability to seek further review of an Administrative Law Judge's decision?Please explain.
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