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Journal of Marketing Channels

ISSN: 1046-669X (Print) 1540-7039 (Online) Journal homepage: http://www.tandfonline.com/loi/wjmc20

Private Governance in the Supply Chain

Debbie M. Thorne & Floyd F. Quinn

To cite this article: Debbie M. Thorne & Floyd F. Quinn (2016) Private Governance in the Supply
Chain, Journal of Marketing Channels, 23:1-2, 11-21, DOI: 10.1080/1046669X.2016.1147340

To link to this article: http://dx.doi.org/10.1080/1046669X.2016.1147340

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Journal of Marketing Channels, 23:1121, 2016
Copyright C Taylor & Francis Group, LLC

ISSN: 1046-669X print/1540-7039 online


DOI: 10.1080/1046669X.2016.1147340

Private Governance in the Supply Chain


Debbie M. Thorne and Floyd F. Quinn
McCoy College of Business Administration, Texas State University,
San Marcos, Texas, USA

Although there has always been risk in business, information availability, globalization,
outsourcing, and electronic commerce have fundamentally changed how and where busi-
ness takes place. These developments have led to more formal approaches for managing
the entire enterprise, including those dedicated to understanding vulnerabilities and mit-
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igating risks in the supply chain. Today, legal compliance, contractual compliance, and
associated risk management systems are required, but insufficient, for the satisfactory
performance of individual suppliers and the entire supply chain. This article describes
noneconomic interdependencies in the supply chain and advocates for the role of social
responsibility and private governance approaches for managing reputation. Through an
analysis of supplier codes of conduct we examine marketing in practice and suggest future
research opportunities.

Keywords: Boeing, code of conduct, corporate social responsibility, private gover-


nance, reputation, risk management, supplier contracts, supply chain
risk

In early 2013 Boeing experienced a raft of problems with of its Dreamliner. It was envisioned that the Dreamliner
its 787 Dreamliner that eventually resulted in the ground- supply chain would result in lower manufacturing and
ing of the entire fleet. The most catastrophic of these assembly costs by dispersing the monetary risks of devel-
problems involved the planes lithium-ion batteries that, opment among Boeings suppliers (Denning, 2013).
when overheated, were prone to combustion (Denning, To that end Boeing employed a new outsourcing model
2013). On January 18, 2013, Boeing CEO James McNerny that utilized a tiered structure that allowed the com-
stated in an open letter to employees: pany to establish partnerships with approximately 50 Tier
1 strategic associates. These associates assembled major
Since entering service 15 months ago, the 787 fleet has components from parts produced by subcontracted Tier
completed 18,000 flights and 50,000 flight hours with 2 suppliers. Problems arose when it was discovered that
eight airlines, carrying more than 1,000,000 passengers some of Boeings Tier 1 suppliers did not possess the expe-
safely to destinations around the world. (p. 36) rience to effectively manage their secondary suppliers, sig-
nificantly heightening Boeings risk. The magnitude of
In the ensuing months, it became clear that these this risk was a partial result of the companys inadequate
achievements meant little as this major aerospace plan for considerable and ongoing communications with
corporation struggled to resolve the recurring problems these suppliers and a commitment to hands-on, on-site
of overheated batteries and fears of in-flight fires. involvement in the quality manufacturing of component
Like many United States (U.S.) companies, Boeing parts.
unreservedly welcomed outsourcing in the manufacture For communications with and among its suppliers,
Boeing implemented a web-based system called Exostar
Address correspondence to Debbie M. Thorne, PhD, McCoy Col-
that allowed for the entry of up-to-the-minute informa-
lege of Business Administration, Texas State University, San Marcos,
TX 78666, USA. E-mail: debbiethorne@txstate.edu tion about the production performance of suppliers. It
12 D. M. THORNE AND F. F. QUINN

was intended to provide enhanced supply chain visibility, r Pursue tiered outsourcing only when relationships of
improve control, increase process efficiency, and reduce confidence and truthfulness have been cultivated.
the costs stemming from face-to-face communications
with suppliers located all over the world. Unfortunately, As clearly depicted in the Boeing case study, global
due to cultural differences and a lack of trust, suppliers sourcing greatly complicates the risks associated with sup-
did not provide Boeing with correct and timely informa- ply chain operations. This article seeks to advance the
tion. What resulted was a situation such that neither Boe- understanding that risks in the supply chain are poten-
ing nor its Tier 1 suppliers became aware of downstream tially as great as the risks within an organization and that
supplier problems and issues until late in production. private governance strategies must be designed to man-
Boeings outsourcing model was adopted in part age the supply chain for both economic and noneconomic
from the Toyota supply chain. However, the model effects, including corporate reputation. To that end we
implemented at Boeing failed to consider the values and review the literature on supply chain risk and describe the
practices that have led to Toyotas global success. Unlike emergence of private governance within supply chains.
Toyota, the Boeing model relied on poorly designed con- We advocate the role of corporate social responsibility
tractual arrangements, which created perverse incentives (CSR) for improving risk management. Next, we review
to work at the speed of the slowest supplier, by provid- four supplier codes of conduct (SCC) and discuss their
ing penalties for delay but no rewards for timely delivery commonalities and differences. Finally, we present ideas
(Denning, 2013, p. 39). for future research efforts and managerial implications.
As Tang et al. (2009) first observed when Boeing began
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its new outsourcing model, the original leadership team


for the new outsourcing model did not include members RISK IN THE SUPPLY CHAIN
with expertise on supply chain risk management. Without
the requisite skills to manage an unconventional supply Supply chains are optimized in a stable environment free
chain, Boeing was undertaking a huge managerial risk in of weather delays, communication difficulties, accidents,
uncharted waters (p. 80). Ultimately, the company was and marginally solvent partners. The Boeing case pos-
forced to purchase Vought Aircraft Industries, a Tier 1 sesses the hallmarks of a high-risk situation in market-
supplier, and to provide managerial and manufacturing ing channels: a complex end-product, large numbers of
expertise to others. Boeing also made payments to strate- suppliers and subsuppliers, geographic dispersion of part-
gic partners to compensate them for lost profits due to ners, information asymmetries, inadequate planning, and
production delays. other elements.
Fortunately, the fires did not result in casualties or This case also exhibits the variables that Zsidisin et al.
harm to customers or crew onboard the 787 Dream- (2004) previously identified as contributors to supply
liner. Although Boeing failed to manage the cumulative risk. These include goal conflict or a divergence in goals
effects of its supply chain on the Dreamliners batter- between the purchaser and the supplier, adverse selec-
ies and operation, it escaped more long-term and sig- tion or misrepresentation by a supplier that leads to its
nificant damage to stakeholder trust and its corporate selection, and moral hazard when a supplier refuses to
reputation. exert efforts toward meeting the purchasers performance
Nagging forensic questions persist. Why was Boeing requirements.
so enthusiastic and ready to adopt widespread outsourc- Even for less complex supply chains and products,
ing? What steps might Boeing have taken to avoid such risk may be compounded by a reliance on agile and
a costly and potentially tragic outcome? Considering lean practices, such as just-in-time (JIT) inventory opti-
lessons learned and some recommended actions for the mization. JIT optimization depends on downstream cus-
company in the wake of the Dreamliner calamity, Den- tomer orders to begin the manufacturing process that
ning (2013) suggested the following: stresses resources and quality control systems. These
widely adopted lean practices provide the opportunity
r Where the need for offshoring is anticipated, take for a significant cost savings and competitive advantage,
measures to address cultural and linguistic differ- but companies also assume a web of risk stretching
ences. upstream and downstream throughout the supply chain
r Carefully plan for active engagement in the out- (Chakravarty, 2013, p. 39). Thus, companies are seemingly
sourced production to ensure quality and coordina- faced with a decision continuum, anchored by a low-cost
tion. position with unmanaged risk or a higher cost position
r Mitigate risk by anticipating increased involvement with the implementation of managed risk.
in the process. Although there has always been risk in business,
r Cultivate long-term relationships of confidence and the advent of globalization, outsourcing, and electronic
truthfulness with key suppliers. commerce has fundamentally changed how and where
PRIVATE GOVERNANCE IN THE SUPPLY CHAIN 13
TABLE 1
Sources of Supply Chain Risks

Category of Risk Examples

Internal to the firm Qualities, both positive and negative, of the individuals or groups responsible for
decision making within the organization.
Changes or uncertainty regarding executive leadership.
Shareholder activism.
Poor planning for resource needs.
Lack of information about a competitors plans and activities.
External to the firm but internal to the supply chain Poor communication strategies.
Incongruent business goals.
Incongruent values and expectations.
Cultural differences.
Lack of mutual trust.
External to the firm and the supply chain Changes in interest rates, exchange rates, and prices of necessary goods and services.
Unionization and labor policies.
Unexpected policy changes by local or national governments.
Weather delays, earthquakes, tsunamis, and natural disasters.
Military conflict or terrorist activity.
Emergent subcultures and changes in values.
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Sources: Brindley (2004), Christopher and Peck (2004), Mandal (2011).

business takes place. Information availability and social among them. What often results during the course of
awareness have also raised expectations for transparency fast-paced and competitive business operations is a highly
and responsibility in business. These rapid changes have complex tangle of risks that ensnare an unwary organiza-
led to more formal approaches for managing the entire tion. This complexity is derived from two primary sources.
enterprise, including those dedicated to understanding First, decision makers may find it difficult to manage
vulnerabilities, ensuring reliability, and mitigating the the quantity and variety of variables that play a role in
chances of supply chain disruption. shaping a given decision and to assess the relative degrees
Table 1 provides an overview of the key sources of risk of risk they introduce. Second, the interconnectedness
in the supply chain based on a typology developed by and fluidity of these variables, including the potential for
Christopher and Peck (2004). The first two risk categories actions by customers and competitors, produces compli-
focus on elements internal to either the firm or its sup- cated degrees of risk that may vary greatly during the
ply chain; the third category describes risk that cannot be decision-making process (Brindley, 2004). Despite good
controlled by the firm or its supply partners. This article intentions, companies often make suboptimal decisions
focuses on the first two categories, with an emphasis on about the supply chain using currently available infor-
sources of risk internal to the supply chain. mation and resources that are limited in scope or scale
The desire to assess and actively manage supplier (Roehrich et al., 2014).
risk stems primarily from achieving greater control of In practical terms Wagner and Bode (2008) offer that
inbound supply and proactively reduc[ing] the impact of risk is understood as the damage or loss resulting from
that supply risk (Zsidisin et al., 2004, p. 401) along with a supply chain disruption (p. 309). A disruption is char-
a growing interest in informing a firms stakeholders of acterized by a triggering event that threatens the chains
corporate risk and taking a strategic approach for risk normal operations, such as a warehouse fire that halts
management. Corporate laws, such as the German Kon- shipment of raw materials to a manufacturing facility and
TraG, specifically requires companies to inform share- subsequently delays production and product deliveries.
holders of the steps they take to manage risk (Zsi- Wagner and Bodes conceptualization is associated with
disin et al., 2004, p. 401). In the U.S. risk manage- the negative outcomes of risk and reflects extant manage-
ment is utilized to meet provisions of the Sarbanes-Oxley rial approaches in industry that are typically focused on
Act of 2002 and state regulations. Risk management costs associated with a disruption.
has been primarily associated with corporate compliance A short-lived disruption may go unnoticed by key
relative to internal controls and financial reporting; eval- stakeholders, but other disturbances may lead to signif-
uations by insurance providers and ratings organizations icant financial losses (Punniyamoorthy et al., 2013). In
(i.e., Standard & Poors); and in some cases, industry- addressing the effects of supply chain disruptions on
specific risks. shareholder value, profitability, and share price volatility,
Although it is a relatively simple matter to identify each Hendricks and Singhal (2005) found significant financial
type and source of risk, there is a natural interdependency repercussions as listed in Table 2.
14 D. M. THORNE AND F. F. QUINN

TABLE 2
Financial Effects of Supply Chain Disruptions

Area of Impact Financial Effect

Stock returns Between 33% and 40% lower stock returns relative to their benchmarks over a 3-year time period
that starts 1 year before and ends 2 years after the disruption announcement date.
Share price volatility The share price volatility in the year after the disruption is 13.50% higher when compared with the
volatility in the year before the disruption.
Profitability After adjusting for industry and economy effects, the average effect of disruptions in the year leading
to the disruption announcement is a 107% drop in operating income, 7% lower sales growth, and
an 11% growth in cost.
Performance level Firms continue to operate for at least 2 years at a lower performance level after experiencing
disruptions.
Overall corporate performance It does not matter who caused the disruption, the reason for the disruption, what industry a firm
belongs to, or when the disruption happeneddisruptions devastate corporate performance.

Source: Hendricks and Singhal (2005).

Beyond the costs linked to production and product are both the cause and effect of a commitment to social
condition or lost revenue, supply chain disruptions also responsibility.
present significant strategic and marketing concerns. Dis- As noted in a number of articles in the marketing lit-
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ruptions, especially those associated with ethical lapses, erature, CSR is associated with a firms commitment to
have the potential to erode partner and customer loyalty, the perspectives and interests of a broad group of stake-
exclusive relationships, brand equity, and corporate rep- holders. This voluntary commitment is linked to plans,
utation (Chakravarty, 2013). Thus, along with the more actions, and outcomes that are not explicitly required by
immediate financial repercussions attributed to poor sup- society (Ferrell et al., 2013; Homburg et al., 2013).
ply chain performance are the longer term reputational To effectively manage a supply chain in todays busi-
consequences that must be addressed. ness context, an understanding of noneconomic factors
benefits from the convergence of social responsibility and
risk management programs to ensure a firm achieves
REPUTATION strategic objectives, including the desire to build and
maintain a positive reputation. Reputational effects are
Relative to supply chain management, Roehrich et al. broad and sweeping in their scope and extend well beyond
(2014) describe reputational risk as the probability that a the more traditional focal effects of risk and disruption
negative event or practice occurs along with the proba- in the supply chain. These risks are associated with cor-
bility that stakeholders will detect the negative event or porate governance, ethical practices, and environmental
practice, and subsequently change their perception and and social issues. Lemke and Petersen (2013) identified
image of the firm (p. 698). Consistent with Barnett and a number of reputational risks associated with suppliers
Hoffman (2008), we define corporate reputation as the and the supply chain, including environmental damage,
result of stakeholders collective judgments of a corpo- low-quality products, and association with groups that
ration based on assessments of the financial, social, and suppress human rights or support socially controversial
environmental impacts attributed to the corporation over practices, among others.
time (p. 1). There are many examples in the media of these sup-
Thus, reputation is associated with an array of deci- ply chain problems that have led to reputational effects
sions, plans, and outcomes that extend far beyond share- for individual firms. For example, General Motors and
holder needs and financial results and increasingly require Toyota have recently faced significant scandals for sub-
a global perspective. Although profitability and share- standard automotive parts, including faulty ignition sys-
holder value play a role in shaping reputation, intangibles tems and defective gas pedals, respectively. Even these
such as trust, values, and corporate culture are also part global corporations with sizable budgets, staff, and other
of the equation. resources are subject to supply chain risks that not only
Referred to as noneconomic in this article, percep- threaten reputation and image but also require settle-
tions and intangible impacts have the potential to raise ments and legal fees costing billions of dollars.
the attention of governmental regulators, nongovernmen- Examples are also available to demonstrate that an
tal organizations (NGOs), media, and consumer groups. entire industry may be affected when social responsibility
They also provide the opportunity for companies to issues are uncovered in a member firms supply chain. In
achieve competitive advantage and contribute to society. the 1990s, reports by news outlets and NGOs disclosed
These noneconomic factors are reflexive in nature: they child labor and unsanitary conditions at Bangladeshi
PRIVATE GOVERNANCE IN THE SUPPLY CHAIN 15

suppliers to Walmart. These reports prompted Walmart and industry and may focus on technical specifications
to cancel contracts with manufacturers in Bangladesh, and related matters to produce industry standards, main-
although other firms issued stern warnings to suppliers. tain reasonable pricing, and set health and safety expec-
Public outcry in the U.S. led to proposed federal regula- tations. These approaches are consistent with scholarship
tion that would have stymied the Bangladeshi economy. in marketing channels in the late 20th century that typi-
Before the legislation was enacted, the Bangladesh Gar- cally focused on governance structures that ensured effi-
ment Manufacturers and Exporters Association agreed ciency and control and minimized partner opportunism
to end child labor and the retail apparel industry rallied (e.g., Heide & John, 1988).
to develop strict codes of conduct (United States Depart- There are newer forms of control that set forth social
ment of Labor, 1996). These efforts continue today. obligations based on norms and values, prescribe stan-
Fauchart and Cowan (2014) refer to a reputation dards of appropriate action, and are typically free from
commons that exists when the reputations of compa- legal and governmental intervention. Private governance
nies in a given industry are considered virtually indistin- begins with an analysis of risks, both economic and
guishable as stakeholders either do not or will not attempt noneconomic, and evolves into mechanisms that are
to consider each companys unique actions, values, and much more than laws or contracts: often they exclusively
identity. Often the reputation and actions of one com- reflect socially responsible expectations for corporate con-
pany are seamlessly assigned to other companies in the duct, environmental impact, health and safety, labor rela-
same industry, especially after a serious legal or ethical tions, and similar concerns. These self-regulatory mecha-
lapse. nisms take many forms and include common rules, mem-
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For example, after the 1989 Exxon Valdez oil spill oranda of understanding, regulatory contracts, codes of
in Alaska, major oil companies with interests in the conduct and [a variety of] voluntary agreements (Cafaggi
Alaskan pipeline increased their social and environmen- & Renda, 2014, p. 8).
tal disclosures. This enhanced reporting came in the wake The emergence of private governance primarily stems
of intense public scrutiny and federal passage of the from factors such as economic globalization, a lack of
Oil Pollution Act of 1990 that included new require- adequate regulation at both the national and interna-
ments for contingency planning and financial responsi- tional levels, and a decrease in state involvement in
bility by all members of the oil industry (Patten, 1992). business practices following privatization and deregula-
This contagion effect, often pronounced during turbu- tion (Knudsen, 2013). According to Cafaggi and Renda
lent times, demonstrates that action or inaction associ- (2014), global value chains, fast-changing markets, and
ated with one corporate actor may easily affect the repu- informational asymmetries have also contributed to the
tations, policies, and prospects of similar firms (Goins & necessity of private governance. In response to these fac-
Gruca, 2008). tors private regulation has developed into a leading form
of rule establishment in a multitude of areas from product
advertising to financial services, food product safety, and
PRIVATE GOVERNANCE environmental and other societal concerns. In address-
ing reputational risks, organizations around the globe
Although an industry reputation commons is conceptu- are assuming greater responsibility over the control of
alized as a horizontal phenomenon that affects firms at supplier operations (Knudsen, 2013; Locke et al., 2013;
similar positions in an industry, the actions of firms in Mitkidis, 2014).
the same supply chain signal shared values and meanings For example, Scruggs (2013) discusses efforts aimed
and potentially contribute to all members reputations. at reducing hazardous chemicals in consumer prod-
The traditional mechanisms for managing contagion and ucts and outlines common practices within the chemical
the effects of suppliers on a focal firms reputation include industry intended to protect consumers. One such prac-
contracts and public regulation. tice is termed supply chain influence and involves the direct
A supply contract is a written arrangement between interaction between purchasing companies and their sup-
a purchaser and outside supplier that addresses the pro- pliers to standardize product requirements for an entire
duction and delivery of products or services (Nosoohi & industry. For example, standards were recently promul-
Nookabadi, 2014). In addition to a listing of products to gated via the Global Automotive Declarable Substance
be provided, the contractual agreement identifies deliv- List (GADSL) to specify use and reporting require-
ery schedules, party responsibilities, product pricing, and ments for potentially harmful substances in automo-
payment. Business contracts expedite compliance and tive manufacturing. Scruggs notes that nearly every
provide an instrumental function that may be perceived major automaker and parts manufacturer signed onto
as coercive or, at the very least, more focused on sanc- GADSL.
tions than rewards. Concurrently, legal requirements rep- The result of these initiatives is that suppliers must
resent the mandatory relationship between nation-states comply with the newly established standards to be viable
16 D. M. THORNE AND F. F. QUINN

and competitive in the marketplace, regardless of the sup- TABLE 3


pliers current or future business partners. These efforts Examples of Private Regulation
are productive in other industries, too. Multinational cor- Sponsor Impetus Example
porations have experienced pressure to adopt private reg-
ulatory standards to address poor working conditions in Company Respond to Starbucks Coffee Companys
international factories (Knudsen, 2013). investor and Supplier Code of Conduct
consumer initiated after investors and
Attempts at supranational private governance include pressure consumers complained about
expectations and goals set forth in international conven- conditions at its Guatemalan
tions such as the United Nations (UN) Global Com- coffee plantations.
pact, the UN Universal Declaration of Human Rights, Industry Preempt Responsible Care initiative in
and the International Labor Organizations Interna- government the chemical industry
action required for all members of
tional Labor Standards. There are also organizations the American Chemistry
focused on social and environmental issues that include Council and similar groups.
specific measurement standards and require auditing Industry Respond to Forest Stewardship Council
approaches. public and (FSC): governments and
For example, the International Organization for Stan- private companies have policies that
concern provide incentives for
dardizations ISO 14000 provides voluntary standards FSC-certified products or
addressing eco-labeling, environmental management sys- prefer FSC-certified products.
tems, environmental performance evaluation, and envi- Industry Align mission Marine Stewardship Council:
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ronmental product standards. The Social Account- and values voluntary standards and
ability Internationals SA 8000 is a standard dealing with public eco-label for sustainable
interest seafood.
with human rights issues including child labor, slave NGO Combine Carbon Disclosure Project
labor, workplace safety, the right of workers to orga- economic (CDP): on behalf of
nize, discrimination, discipline, compensation, working pressure institutional investors, CDP
hours, and human resources management practices and and social seeks environmental data
systems. agenda from worlds largest publicly
listed firms.
Vogel (2010) identified more than 300 codes of conduct NGO Drive progress Oxfam International: recent
that privately govern a wide range of industries with most on specific campaign to strengthen land
addressing labor or environmental issues. Some indus- social issues rights in developing countries
tries, such as apparel manufacturing, operate with multi- resulted in new commitments
ple codes. In its Conscious Actions Sustainability Report by Coca-Cola and PepsiCo.
2013, Swedish clothing retailer H&M references com- Sources: http://globalassets.starbucks.com/assets/ada1f37e34954eb1
mitment to the standards of the Fair Labour Associa- 883a6b32d3e8a430.pdf; http://responsiblecare.americanchemistry.com/;
tion, Universal Declaration of Human Rights, Interna- https://us.fsc.org/; http://www.msc.org; https://www.cdp.net/en-US/Pag
tional Labour Organizations Declaration on Fundamen- es/HomePage.aspx; http://www.oxfam.org/en/campaigns/grow
tal Principles and Rights at Work, Better Cotton Initia-
tive, the UN Convention on the Rights of the Child, and
The Leather Working Group among other codes and sig- values of a firms home country as well as expectations
natory groups (H&M, 2014). and standards set by the company itself, industry associa-
Table 3 provides examples of private regulation along tions, international conventions, NGOs, and stakeholder
with the identification of the sponsoring organization and groups. In the supply chain, private governance reflects
its perceived reason for engaging in the regulatory action. the codification of values, standards, and expectations
Of these, SCCs, the principal instruments discussed in this that extend beyond legal requirements and traditional
article, are private regulatory vehicles by which buyers contracts between companies and suppliers (Jiang, 2009;
direct suppliers social responsibility practices and miti- Locke et al., 2013; Mitkidis, 2014).
gate reputational risk. This article focuses on private governance as mani-
fested in SCCs that are written and promulgated by the
final, and often the most powerful, organization in the
supply chain (e.g., Boeing, Toyota, Walmart). Thus, these
SUPPLIER CODES OF CONDUCT codes are a phenomenon largely associated with multi-
national firms headquartered in developed economies
The circumstances that led to the development of pri- and countries. These factors make such firms vulnera-
vate governance systems are varied and continue to evolve ble to stakeholder activism, legal intervention, and other
as the result of complexity and stakeholder influence in criticism. For example, the Rainforest Action Network
the global economy. These systems incorporate laws and directly targeted Home Depot and Lowes because of the
PRIVATE GOVERNANCE IN THE SUPPLY CHAIN 17

business practices of a major supplier, Georgia Pacific examined public and private regulation in Brazils apparel
(Assadourian, 2006). industry and reported on the outcome of an investigation
In contrast to other forms of private governance, by public labor inspectors into forced and trafficked labor.
SCCs have the distinct advantage of originating from one The resulting commission findings concluded that retail-
organization and therefore are potentially grounded in ers are legally liable for working conditions throughout
the firms core values, mission, culture, operating pref- their entire value chain (p. 353) and that retail buy-
erences, and internal code of conduct. SCCs often refer ers could not be absolved because contracts included
to industry standards or global conventions, some of clauses that required suppliers to meet national labor
which incorporate aspirations that may be difficult to regulations. It is clear that firms are increasingly being
implement. Theoretically, an SCC would not only cap- held responsible for the actions of their suppliers and
ture the unique identity and goals of the originating mechanisms are necessary to avoid growing, inextricable
organization but also could make generalized statements risk.
found at a broader level more tangible and actionable.
For example, an SCC could incorporate practices and
expectations that relate to the broad tenets and princi- ANALYSIS OF SUPPLIER CODES OF CONDUCT
ples of the UN Global Compact (e.g., include specific
actions to support Principle 8 of the Global Compact to Given the considerations discussed in this article, we have
undertake initiatives to promote greater environmental undertaken a review of four SCCs currently in force in
responsibility). the electronics industry, the results of which are found in
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Implementing an SCC is important to purchasing Table 4. The companies chosen for analysis were selected
organizations for many reasons, including serving as a from the 2014 Fortune magazine list of most admired
potential source of competitive advantage and preventing electronics companies (Mehta & Fairchild, 2014): Gen-
reputational damage that can arise as a result of accidents, eral Electric, Samsung Electronics, Siemens, and Emer-
violations, and other miscues by a supplier. Although son Electric. The electronics industry was chosen for sev-
suppliers are generally adept and focused on production eral reasons. First, electronics are critical components in
and cost containment, they may be less concerned or a wide variety of common products. These components
familiar with matters related to CSR. Geographic dis- include the potentially faulty and fire-prone lithium-ion
persion and cultural differences also add to the myriad batteries found on the 787 Dreamliner. Second, the ubiq-
challenges that purchasing organizations face, especially uitous nature of electronics resides within a global mar-
in training, monitoring, and enforcing provisions of the ket with a large number of subcontractors. Third, the
SCC. industry has been compared with the apparel and shoe
In a review of private regulation, state regulation, manufacturing business that has experienced significant
and the enforcement of standards in global supply questions regarding child labor, environmental waste, and
chains, Locke et al. (2013) concluded that private reg- other social responsibility issues. Finally, the electronics
ulation of suppliers has varying effects and purposes industry has sought to self-govern through several mech-
across countries with different degrees and methods anisms, most notably the Electronics Industry Code of
of regulatory oversight and prosecution. In countries Conduct (EICC) (Brown, 2009).
with more aggressive regulation and enforcement, pri- The unit of analysis for this study was the SCC made
vate efforts serve to complement more rigorous govern- available by each company. These codes were accessed
ment programs, whereas in countries that are poorly online; therefore, only publicly available documents were
regulated with little or no enforcement, private compli- considered during the analysis. Two independent raters
ance offers a substitute for government regulation and coded each SCC for content and process. Given the broad
enforcement. nature of most codes of conduct, it is not surprising that
Often codes of conduct are found in production or ser- nearly 20 content, process, and related categories were
vice arrangements with suppliers in countries where rights identified.
and laws are not strictly enforced. In some cases the con- The inclusion or exclusion of certain content in the
ditions of an SCC may serve to inadvertently encour- SCC reflects priorities, concerns, and goals of the orig-
age violations to meet heavy production demands and inating company. For example, an SCC that references
low per-unit pricing (Jiang, 2009). Further, Locke et al. industry-level best practices and agreements reinforces the
(2013) acknowledged realizing issue-specific improve- companys commitment to an additional form of private
ments within supply chains is a more complicated process regulation beyond its own code. Content areas, such as
than previously theorized (p. 544). prohibition of child labor and standards for environmen-
Adding greater complexity to this situation are efforts tal protection, represent key risks within the supply chain.
by governments to hold purchasers legally liable for the As shown in Table 4, the content of supplier codes
actions of their suppliers. Posthuma and Bignami (2014) in the electronics industry maps to fundamental notions
18 D. M. THORNE AND F. F. QUINN

TABLE 4 of CSR. In particular, all codes stated expectations for


Supplier Code of Conduct Characteristics ethical practice and all but one was explicit regarding
Content and General Samsung
the necessity of legal compliance. All SCCs in this study
Process Electric Electronics Siemens Emerson addressed ethical issues regarding child labor, human and
worker rights, health and safety, and environmental pro-
SCCa page count 4 13 23 2 tection. Three of the four companies referred to their
Content
Expectation of X X X X
own code of conduct within the SCC and two referenced
business ethics / global or supranational codes.
integrity Process elements include supplier policies or proce-
Prohibition of child X X X X dures intended to ensure code compliance, provisions for
labor monitoring and enforcement, consequences of noncom-
Provisions for X X X X
employee health and
pliance, and discussions of requirements for subsuppli-
safety ers. These process features provide direction for the imple-
Provisions for human X X X X mentation of the SCC and clarify the extent that suppliers
and worker rights will be held accountable. In contrast to the content areas,
Provisions regarding X X X X the SCCs provided less process direction and expectations
environmental
protection
regarding how suppliers should implement the code and
Expectation of legal X X X would be accountable for the code.
compliance General Electrics (GE) SCC is brief at four pages. In
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Safeguards for X comparison to the other three industry SCCs reviewed in


intellectual property this article, GEs code possesses much of the same content
References the X X X
company code of
related to prohibitions of child labor as well as provisions
conduct for the health and safety of supplier employees, human
References X and worker rights, and environmental protection. In addi-
industry-specific tion, GE provides access to an ethics hotline or help desk
codes and also addresses whistle-blower protection.
References global / X X
supranational codes
Samsung adopted the EICC industry-level code of
Provides whistle-blower X conduct as its SCC and supplements the code with a Val-
protection idated Audit Process that includes third-party evaluation
Process by a verification agency selected by the EICC. Samsung
Links SCC to X X has implemented an organizational structure and formal
contractual
obligations of
process for engaging in stakeholder dialogue. Samsung
suppliers clearly signals its commitment to private governance via
Requires supplier X X the practices and principles co-determined by the industry
systems or policies to collaboratively. However, this global firm does not appear
ensure SCC to have woven its core values and unique qualities into the
compliance
Provisions for X
SCC.
compliance Siemens SCC was the most comprehensive code as it
monitoring and was documented in a 23-page report that included key
enforcement of SCC executives signatures, photos, case studies, and exam-
Lists consequences of X X ples of supplier success and presented questions aimed
noncompliance with
SCC
at teaching suppliers how to interpret the SCC. Siemens
Documents availability X X X used engagement techniques that were not found in the
of ethics hotline or other three codes, likely reflecting the firms corporate
help desk culture and relationship-building approach with supplier
Requires subsuppliers Xb X X partners. The visual and instructional nature of the SCC
to adhere to SCC
seems to communicate that Siemens is serious about its
a Indicates
supplier code of conduct. commitments and understands that suppliers need sup-
b For
government contracts only. port and direction for implementing the code.
Sources: http://www.ge.com/files_citizenship/pdf/ge_integrity_guide_ Emersons SCC is straightforward and is also relatively
suppliers_2009.pdf; http://www.samsung.com/us/aboutsamsung/corpcit brief at two pages. The code begins with a statement
izenship/environmentsocialreport/environmentsocialreport_EICC.html;
https://w5.siemens.com/cms/supply-chain-management/en/sustainabili
whereby the company expects its suppliers to embrace
ty/Documents/coc/Code_of_conduct_eng_5_FINAL.pdf; http://www. its values and principles. Emersons approach may be
emerson.com/SiteCollectionDocuments/Emerson_Supplier_Code_of_ perceived as more directive and less collaborative than
Conduct.pdf the other codes. However, the SCC lays out specific
PRIVATE GOVERNANCE IN THE SUPPLY CHAIN 19

expectations and is clearly written, likely to make it easier Theory and research associated with marketing chan-
to comprehend within a global supply chain. nels has illustrated the critical role of trust, but less atten-
These codes of conduct cast new light on the private tion has focused on how such efforts interrelate and are
obligations within marketing channels and relationships. made material in practice (Locke et al., 2013). SCCs rep-
However, even within a single industry, it is apparent that resent a tangible approach that is gaining traction in busi-
supplier codes vary greatly in terms of their individual ness practice. Long-term studies are needed to address the
components and therefore lack consistency in their scope form, content, and effectiveness of SCCs within the sup-
and potential effectiveness. ply chain as well as studies that compare various forms
Of these major companies in the electronics indus- of private governance (i.e., industry codes, global codes,
try, a review of their SCCs revealed inconsistency with and company-specific codes). This line of inquiry will also
respect to provisions for monitoring and policy enforce- benefit from interdisciplinary and multidisciplinary per-
ment, safeguarding of intellectual property, and affording spectives on both the theory and practice associated with
whistle-blower protection. In short, the codes may lack reputation, social responsibility, risk management, and
significant oversight and penalizing provisions, meaning supply chains.
that there are no penalties in the code to force action. For SCCs to be effective they must be based on norms
Although there appears to be general agreement that child and values that are diffused within the supply chain. This
labor, worker safety, human rights, and environmental diffusion is grounded in strong network ties that are the
protection need to be addressed in such documents, the result of time, emotional intensity, and the reciprocity that
lack of emphasis on oversight is troubling. This concern characterize the tie (Yan et al., 2015). As the Boeing case
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is bolstered by the work of Cafaggi (2010), who identi- illustrated, the quality, not quantity, of relations is most
fied four dimensions that must be considered and incorpo- advantageous to the supply chain, even if they take sig-
rated into standards and processes contained in any SCC. nificant time and resources to develop.
These dimensions include a need for the availability of The marketing channels literature is replete with arti-
enforcement mechanisms as well as regulatory standards cles that document the critical role of relationships. How-
that serve to achieve corporate objectives and desired ever, more research is needed to examine the ways that
ends. both risk management and social responsibility affect
the quality, duration, and resilience of relationships in
the supply chain. As a case in point, Parker and Barkai
SUMMARY AND CONCLUSION (2010), in a discussion regarding suggested best prac-
tices within the electronics industry, revealed a belief by
In line with recent proposals about the future of mar- many industry leaders that during a product life cycle
keting thought (Kumar, 2015), this article has exam- supplier performance can naturally deteriorate over time.
ined both marketing in practice and social and cultural This phenomenon is attributed to early interest in lobby-
developments in an initial attempt to gain new and ing and securing a contract. The need for ongoing collab-
actionable insights and uncover additional research direc- oration with suppliers throughout the product life cycle
tions. Although the distinct concepts of CSR, reputation, is clearly articulated by the authors. Interestingly, beyond
and risk management are well understood, the expanded this work there is little to be found within the industry
notion presented in this article is less well-explored. Legal addressing best practices.
compliance, contractual compliance, and associated risk Another line of inquiry is associated with the extent
management systems are required, but insufficient, for that stakeholders are able to identify the collective rep-
the satisfactory performance of individual suppliers and utation of a supply chain. Although industrial buyers
the entire supply chain. Concurrently, the effects of the may be aware of the participants in a given supply chain,
company you keep (Barnett & Hoffman, 2008, p. 1) many consumers have little knowledge of the subcontrac-
and resulting reputational interdependence of the supply tors that produce goods and services for common use.
chain eclipse corporate boundaries. Research in economics suggests that a collective reputa-
The process of managing reputation and social respon- tion is often driven by perceptions and beliefs about the
sibility throughout the supply chain demands a new type most recognizable or largest member (Castriota & Del-
of research and practice. As demonstrated, risk manage- mastro, 2015). This is consistent with case studies pre-
ment programs are often prompted by a concern for con- sented in this article wherein large multinational firms
tractual compliance, but there is increasing recognition of with household names are held accountable for supplier
noneconomic and reputational interdependencies in the actions and expend resources to respond to and manage
business environment. The marketing channels literature reputational risks and outcomes.
has mirrored this shift, from one aimed at costs and trans- Further, there exist no standard processes or puni-
actions to an explicit interest in stakeholders, networks, tive actions for deviancy among industry coalition par-
and relationships (Van Weele & Van Raaij, 2014). ticipants. Within the electronics industry, the loosely
20 D. M. THORNE AND F. F. QUINN

organized EICC simply requires participants to establish Castriota, S., & Delmastro, M. (2015). The economics of collective rep-
a complementary management system to provide and / or utation: Evidence from the wine industry. American Journal of Agri-
cultural Economics, 97(1), 121.
address, among other things, a declaration of company
Chakravarty, V. (2013). Managing a supply chains web of risk. Strategy
commitment, audits and assessments, and measures of & Leadership, 41(2), 3945.
corrective action. The EICC provides no further elabora- Christopher, M., & Peck, H. (2004). Building the resilient supply chain.
tion on participant compliance and certainly provides for International Journal of Logistics Management, 15(2), 113.
no industry-level sanctions for violations by either partic- Denning, S. (2013). What went wrong at Boeing. Strategy & Leadership,
41(3), 3641.
ipants or suppliers (cf. Electronics Industry Citizenship
Electronics Industry Citizenship Coalition. (2014). Electronics Industry
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To address these myriad complexities and avoid poten- Author.
tial legal liability, a host of intervention measures and Fauchart, E., & Cowan, R. (2014). Weak links and the management of
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532.
the supply chain in the global economy. In addition to
Ferrell, O. C., Rogers, M. M., Ferrell, L., & Sawayda, J. (2013). A frame-
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