Ethics
When considering what actions Joan should take with respect to Tim, she needs to set priorities. As a manager, she needs to protect the interests of the company's owners (shareholders) first and foremost. This alone creates a dilemma in that there clearly be short-term negative financial consequences of an investigation, but in the long-run if Tim caused another, more serious accident the consequences could be far greater. The internal issues with respect to union-management relations are secondary, in that they can indirectly affect company performance. Her own career is of tertiary concern, but understandably many managers ascribe higher value to this, given that they ultimately are subject to at-will employment and therefore have a vested interest in placing their own interests above all else.
The official channels in this case are closed. There has been no investigation and there is no legal reason to pursue the matter further. Moreover, given the union contract there is little in the way of serious consequence that could happen with respect to Tim should an investigation find the allegations true. It is also worth noting that Joan has limited ability to prove the allegations a week after the fact.
Thus, Joan's best course of action would be to sidestep the official channels and seek an informal resolution. She should informally speak to Tim regarding the issue, and make sure that management's positions on the matter are well-known. She could even offer that he take the counseling voluntarily to avoid further investigation into the matter. On the management side, she should further act to protect the company's best interests by introducing a policy of mandatory post-accident drug testing to the next round of union negotiations. This would come with stiffer penalties than are currently prescribed. This further protects the interests of the company, and again without suffering short-term negative consequences. Additionally, these actions affirm a positive management-union relationship and improve standing by creatively solving an ethical dilemma in a manner that protects the interests of the company both in the short-term and long-term.
