ISSN 1940-204X An Ethical Dilemma: A Case from the Aviation Industry John R. Ledgerwood, CMA, CFM, CPA, CGMA Associate Professor of Accounting Embry-Riddle Aeronautical University Anastassia Vilderson Business Analyst Finnair Group Tamilla Curtis, DBA Associate Professor of Management Embry-Riddle Aeronautical University INTRODUCTION TENSIONS WITH FLIGHT CREW UNION Emma Banks was excited about securing her new job as onboard services manager at EastJet, a regional airline, based in Eastern Europe and governed by the civil aviation authorities and tax laws of its home country. Prior to accepting this new position, Emma spent three years at a midsize accounting company, acquiring experience in management accounting practices and working on earning the CMA® (Certified Management Accountant) credential. Now she is happy to take the next step in her career development, a path into the exciting world of aviation. EastJet is known as one of the most desirable employers in the region and is constantly in the midst of regional news and social media attention. While the company enjoyed steady, modest growth in passenger numbers during past years, the latest financial crisis and the increasing competition from other air carriers continuously reduced the airline’s profit margins. As a small air carrier, EastJet primarily focuses on serving direct routes between the region’s capital and major hubs that are strategically important for local businesses. EastJet also adds occasional seasonal flights to popular tourist destinations. EastJet’s fleet consists of seven Boeing 737500 aircraft, each of which has a total seat capacity of 106 passengers divided between premium and economy service classes. Three flight attendants and two pilots are required for each flight. As a newly appointed onboard services manager, Emma’s major job tasks include responsibilities directly related to passenger inflight services and onboard sales as well as being in charge of flight crew catering expenses. This includes negotiations with suppliers, budgeting, cost control, and reporting. Catering services for the crew on duty are regulated by the flight crew union agreement, which describes in detail various aspects of flight crew working procedures, working hours, rest day policies, and the minimum meal requirements for the flight crew on duty (see Table 1). During her first weeks at EastJet, Emma attended management meetings with the representatives of the flight crew union, where they discussed the terms of a proposed new union agreement with the airline. The current union agreement with EastJet seems to be outdated, written at a time when the company enjoyed rapid growth rates, less competition in its main markets, and continuous profitability. The current agreement gives the flight crew many extra benefits not common in the airline industry. EastJet’s top management requires that any new union agreement reflect actual airline industry standards established by regulatory authorities. But the flight crew union wants to keep the current benefits and increase salary levels to compensate for the rise in inflation. IM A ED U C ATIO NA L C A S E JOURNAL 1 VOL. 9, N O. 3, ART. 1, SEPTEMBER 2016 ©2 0 1 6 I MA Table 1: Panel A: Excerpt from Flight Union Agreement Flight crew union agreement with airline states that: 1. Airline guarantees one cold meal for each crew member whose work hours per day do not exceed six hours. 2. Airline guarantees one hot meal for each crew member whose work hours per day exceed six hours but do not exceed eight hours. 3. Airline guarantees one additional hot meal for each crew member whose work hours per day exceed eight hours. Panel B: Flight Crew Minimum Meal Requirements: Excerpt from EU legislation (EU.OPS.FTL> OPS 1.1130 Nutrition) 1. A meal and drink opportunity must occur in order to avoid any detriment to a crew member’s performance, especially when the flight duty period (FDP) exceeds six hours. 2. The operator is obliged to specify in the operations manual how the crew member’s nutrition during FDP is ensured. EQUIVOCAL INVOICES Negotiations between the flight crew union and EastJet’s top management have gone on for several months but achieved no significant compromises. One hot topic is EastJet’s responsibility under the current agreement to provide the flight crew with meal services. The flight crew union wants to maintain the current meal requirements, while top management argues that the minimum requirements established by the industry’s regulatory agencies is considerably lower (see Table 1, panel B). Tensions between the flight crew union and top management escalated during the most recent meeting. EastJet is in a very tough financial position, so management has to cut costs in all aspects of the business. The current company budget calls for all departments to cut operating costs to a minimum. One focus is the inefficient flight crew catering system, which requires a lot of checking and monitoring. Management wants to cut flight crew catering costs and improve the system. Emma’s task is to analyze the overall costs of the system and explore possible savings from management’s newly proposed system. During the meeting, Emma was shocked by the degree of tension between top management and the flight crew union. Neither side seemed interested in compromise. She left thinking about how the new system of crew catering rules could improve the entire process and save money while also maintaining the quality and quantity of crew meals. She began gathering the information needed to do a cost/benefit analysis. IM A ED U C ATIO NA L C A S E JOURNAL Over the following days, Emma reviewed many invoices sent to EastJet by Sky Catering, a local airline catering company that was the only licensed catering service with all the required certifications for EastJet’s base airport. Enjoying a monopoly position there, Sky Catering charged high prices yet made sure to negotiate favorable terms in its agreements with airlines, especially EastJet. About 70% of Sky Catering’s revenues came from providing services to EastJet, making EastJet a highly valuable customer. Both companies depend strongly on each other. Without Sky Catering, EastJet would be unable to provide timely catering services on its flights; at the same time, Sky Catering’s business would not be economically viable or efficient if EastJet ceased operations. Emma’s job is to diligently check all the monthly invoices received from Sky Catering, verifying that they correspond to the services Sky Catering provided, approving the invoices, and forwarding them to the accounting department for payment. Going through the invoices, Emma noticed a separate invoice not mentioned in the invoice control instructions that her predecessor provided. Some “general catering services” were invoiced, but Emma was unsure what services these were for or why they were all invoiced on a separate bill. Emma decided to share her concerns with her direct supervisor, Director of Customer Services Jillian Wood (see Figure 1). 2 VOL. 9, N O. 3, ART. 1, SEPTEMBER 2016 Figure 1: EastJet’s Organization Chart Chief Executive Officer Human Resources Public Relations Chief Financial Officer Chief Commercial Officer Chief Operational Officer Department of Finance Department of Marketing Department of Flight Operations Department of Revenue Control Department of Sales Department of Planning and Crew Resources Department of Accounting Department of Customer Services Rebecca Adams, chief accountant Jillian Wood, director of customer services Emma Banks, onboard services manager During lunch with Jillian that day, Emma mentioned the unusual Sky Catering invoice she received. Jillian said that the invoice referred to a separate verbal agreement between EastJet’s and Sky Catering’s accounting departments. “These are some complicated accounting matters you shouldn’t worry about,” Jillian said. “They know better how to properly invoice everything.” Jillian advised Emma to just sign her approval of the invoice and forward it to the accounting department for registration and payment. IM A ED U C ATIO NA L C A S E JOURNAL Later at home, Emma continued thinking about the mysterious invoice. The situation seemed unusual to her. As a manager responsible for the costs associated with passenger and crew catering services, she is required to know the nature of all invoices she approves for payment. Signing invoices with unknown background did not seem right or ethically acceptable to her. She felt it is her responsibility to investigate this situation further despite her supervisor’s advice to drop the matter. 3 VOL. 9, N O. 3, ART. 1, SEPTEMBER 2016 EMMA’S INVESTIGATION possible methods to show even the slightest improvement in the company’s margins and a continuous decrease in EastJet’s costs. One strategy was to make sure the company paid as little in taxes as possible. Rebecca explained, “All catering services related to the flight crew are actually subject to additional taxation for EastJet. There’s a tax-free limit of $10 a day per crew member, but the actual catering cost is way above this limit, and because of that we are taxed considerably more, around 30% more, compared to what we would pay for overall crew catering costs. In order to avoid these extra taxes, we agreed with Sky Catering that the amounts over the $10 limit would be billed separately as ‘extra passenger services.’ It’s wrong, I know, but nothing can be done, I guess. Sky Catering will never decrease the prices, and the flight crew union will never agree to changes in the meal services.” (See Table 2.) Emma was shocked by what Rebecca told her. She decided to discuss it with her closest friend, Susan Smith, who worked as a senior auditor in a major audit company. Susan confirmed that there are certain limits established for crew-related expenses and sent Emma an excerpt from the appropriate law, Foreign-Based Tax Code: Taxation of Civil Service Aircraft Crew Collective Catering Needs: Emma researched the catering services agreement to determine the nature of the invoice. No additional services or terms seemed to be discussed in the agreement, but she did find that the prices for crew meals and crew catering services were not listed in the general agreement’s appendix. To get more information, she called Bob Stark, financial director of Sky Catering, to ask why essential information was missing from the agreement and to clarify the contents of the strange invoice. Bob was quite unconcerned about the situation, saying, “If something is missing from the agreement, then we of course should fix that. From our side, however, we always make sure to have all the important information in the agreement. And I am 100% sure that all the services delivered are invoiced correctly.” Bob hurried to end the conversation. Emma was extremely confused. Nobody would give her a clear explanation about the mysterious invoice. Her last hope was EastJet’s Chief Accountant Rebecca Adams, who had worked for the company for seven years and should be aware of the accounting processes and policies related to catering services. At first, Rebecca seemed a bit nervous about Emma’s questions, saying, “I think you should have been told about all these matters before. Your predecessor was aware of all this, and Jillian knows as well.” Rebecca explained what was going on. As EastJet started facing continuously diminishing profit margins and increasing pressure to improve its financial stability, the company’s chief financial officer (CFO) employed all “Tax-free ration is $10 per day per person. If the employer compensates the catering cost $10 per day per person, the income is not taxed. If the daily catering cost per person is more than $10, the amount exceeding the tax-free limit is additionally taxable under fringe benefit taxation law.” Table 2: Flight Crew Catering Cost Calculations: Average Number of Flight Crew Members on Duty Current Price per Crew Member per Day ($) 55 Tax-Free Allowance ($) 16.50 Current total cost per day Fringe Benefit Tax 10 $907.50 Current total cost per year $331,237.50 Fringe benefit tax to pay per year Total current cost per year $43,060.88 $374,298.38 Total cost per day if price = $10 $550.00 Total cost per year if price = $10 $200,750.00 Difference in costs $173,548.38 IM A ED U C ATIO NA L C A S E JOURNAL 4 VOL. 9, N O. 3, ART. 1, SEPTEMBER 2016 33% 6. What are the possible outcomes in this case? Discuss the After listening to Emma’s story, Susan suggested Emma write an anonymous letter to the related authorities and reveal the fraudulent practices. This would enable her to remain unknown as a whistleblower so that she would not lose her job. Emma understood that revealing fraudulent practices could result in unprecedented regulatory actions against the company, including fines, ruined brand name, and possible hysteria in the mass media if the information became public. At the same time, she also felt an ethical responsibility to take further action to resolve the matter. In addition, Emma was truly concerned about becoming the whistleblower and losing her job at EastJet. Emma decided to research her ethical responsibilities and obligations as a CMA. She read the IMA Statement of Ethical Professional Practice and decided to follow the steps outlined in the section titled “Resolution of Ethical Conflict” (see http://bit.ly/2b5y21o). Please discuss the following questions before learning Emma’s actions. potential consequences of each outcome. What can be done to prevent similar problems in the future? Propose a plan of changes to implement at EastJet and analyze what obstacles can occur when implementing these changes. TAKING A STAND After studying the IMA Statement of Ethical Professional Practice, Emma followed the steps outlined in the “Resolution of Ethical Conflict” section, and called the IMA Ethics Helpline. Emma discussed the problem with an ethics hotline counselor. The helpline is free and provides confidential guidance on ethical issues. After a preliminary discussion of the problem to determine the kind of ethics matter being reported, an ethics counselor will respond to the caller. Confidentiality is maintained at all times. The counselor will not provide a specific resolution but will explain how the dilemma relates to the provisions of the IMA Statement. As a result of her discussion, Emma contacted the company’s audit committee and revealed the fraudulent actions. She refused to sign approvals of the invoices unless the issue was resolved in an ethical manner. Coincidentally, EastJet’s CFO left the company during the following weeks, and a newly assigned CFO promoted the ethical decision making. He actively engaged in the resolution of this conflict, and hired independent auditors to advise EastJet on minimizing the negative impacts of unethical behavior. CASE QUESTIONS 1. Discuss the major ethical problem Emma encountered in her new workplace. What could be done in order to prevent such a dilemma from occurring in the first place? What main premises might have contributed to the development of unethical decision making at EastJet? 2. What parties are involved in the situation described? Is unethical decision making silently supported only by EastJet employees? Analyze possible economic, legal, and ethical consequences of the unethical decision making for all the parties and central characters involved. ABOUT IMA® IMA, the association of accountants and financial professionals in business, is one of the largest and most respected associations focused exclusively on advancing the management accounting profession. Globally, IMA supports the profession through research, the CMA® (Certified Management Accountant) program, continuing education, networking, and advocacy of the highest ethical business practices. IMA has a global network of more than 80,000 members in 140 countries and 300 professional and student chapters. Headquartered in Montvale, N.J., USA, IMA provides localized services through its four global regions: The Americas, Asia/Pacific, Europe, and Middle East/Africa. For more information about IMA, please visit www.imanet.org. 3.Discuss the three steps outlined in the “Resolution of Ethical Conflict” section of the IMA Statement of Ethical Professional Practice. Did Emma follow these steps? What other actions could or should she have taken to successfully resolve the ethical conflict? 4. Did Susan give good professional advice to Emma? Why? If you were Emma, what steps would you take in the situation described? Why? 5.What are the four principles outlined by the IMA Statement? Discuss how these principles promote ethical discipline in the workplace. Why is ethical behavior important for a company’s employees? Is ethical behavior important for a sustainable business practice? IM A ED U C ATIO NA L C A S E JOURNAL 5 VOL. 9, N O. 3, ART. 1, SEPTEMBER 2016
© Copyright 2026 Paperzz