On-duty and Off-duty: Employee Right to Privacy and Employer’s Right to Control in the Private Sector

The changing legal landscape of the right of the employer to control and monitor employee behavior is examined. Two distinct areas are defined: behavioral monitoring and behavioral restrictions. Relevant statutory laws and the developing common law are discussed. We also examine potential employee reactions to such policies by evaluating the reactions of graduate students to six employer policies including weight restrictions, grooming requirements, use of GPS locators, drug testing, ban on off-duty smoking, and email and internet monitoring. Students responded to these policies by determining the reasonable interest of the employer in the behaviors being monitored or controlled and the manner in which policies were implemented. Their comments suggest that employees may accept some level of monitoring or behavioral restrictions if the employer can make a convincing social account of the need for a policy. Additionally, the policy must be clearly communicated and properly implemented. However, restrictions on off-duty behavior were typically poorly received with the exception of illegal drug use.     

Foreign‐based competition and corporate diversification strategy

Since the mid‐1980s U.S. domestic firms have faced significant increases in foreign‐based (i.e., import) competition as reductions in barriers to international commerce have resulted in markets and industries becoming increasingly global. Despite the growing and widespread importance of foreign‐based competition, the influence that such competition may exert on corporate diversification strategy is a question largely overlooked in the strategic management literature. This paper examines the impact of foreign‐based competition in a firm's core business on both the level and nature of a firm's diversification strategy at the corporate level in a panel dataset of U.S. firms over the period 1985–94. Our findings provide the first evidence that increased foreign‐based competition is indeed a statistically significant factor explaining both the reduced business‐level diversity and the increased strategic focus of U.S. firms that has been widely perceived over the past two decades. Copyright © 2005 John Wiley & Sons, Ltd.     

Household‐level Impacts of Dairy Cow Ownership in Coastal Kenya

This study uses heteroskedastic Tobit and Censored Least Absolute Deviations models to examine the impacts of dairy cow ownership on selected outcomes for a sample of 184 households in coastal Kenya. The outcomes examined include gross household cash income, gross non‐agricultural income, consumption of dairy products, time allocated to cattle‐related tasks, number of labourers hired and total wage payments to hired labourers. The number of dairy cows owned has a large and statistically significant impact on household cash income; each cow owned increased income by at least 53% of the mean total income of households without dairy cows. Dairy cow ownership also increases consumption of dairy products by 1.0 litre per week, even though most of the increase in milk production is sold. The number of dairy cows has no significant effect on total labour for cattle‐related tasks. However, in contrast to previous studies, labour allocation to cattle by household members decreases and labour requirements for dairy cows are met primarily by an increase in hired labour. Dairy cow ownership results in relatively modest increases in payments to hired labourers and the number of hired labourers employed. The large positive impacts on income and the substitution of hired for household labour in cattle care suggest that intensification of smallholder dairying can be beneficial as a development strategy in the region if disease and feed constraints are addressed.     

An International Investigation of Problem‐Solving Performance in the Semiconductor Industry*

Using a unique survey of engineers in major semiconductor companies located in Japan, South Korea, and the United States, this article analyzes how a firm's human resource (HR) system (i.e., practices that structure work, develop skills, and reward performance) and knowledge system (i.e., information access, sharing and control) are related to the problem‐solving performance of engineers. Because of the short product market life cycles in the semiconductor industry, expeditious problem solving is an important performance goal. Therefore, this article examines the performance of engineers in terms of the time it takes them to solve problems in the context of their firms' HR and knowledge systems. It was anticipated during this study that externally oriented organizational systems, which support individual career performance and mobility (an externally oriented HR system) and the use of private knowledge sources (an externally oriented knowledge system), would be associated with superior performance in terms of problem‐solving speed. The findings support this hypothesis and demonstrate the importance of externally oriented HR systems and at the same time suggest the surprising insignificance of the orientation of the knowledge systems. These findings are applicable to engineers in the sample from the United States, whereas the findings for the Korean and Japanese engineers are inconclusive. International variation is found where the U.S. engineers work under the most externally oriented and the Japanese engineers under the least externally oriented systems, and the Korean engineers fall in between. The findings of this article suggest that when constructing a work environment for new product development, managers should take into account how the underlying components of their organizational systems contribute to an internal or external focus, and how this orientation may influence performance.     

Tax management strategies with multiple risky assets

We study the consumption-portfolio problem in a setting with capital gain taxes and multiple risky stocks to understand how short selling influences portfolio choice with a shorting-the-box restriction. Our analysis uncovers a novel trading flexibility strategy whereby, to minimize future tax-induced trading costs, the investor optimally shorts one of the stocks (or equivalently, buys put options) even when no stock has an embedded gain. Alternatively, an imperfect form of shorting the box can reduce aggregate equity exposure ex post. Given these two short selling strategies, it is common for an unconstrained investor to short some equity while a constrained investor holds a positive investment in all stocks. With no shorting, the benefit of trading separately in multiple stocks is not economically significant.     

THE VALUE ADDED BY BANK ACQUISITIONS: LESSONS FROM WELLS FARGO'S ACQUISITION OF FIRST INTERSTATE

Wells Fargo's recent acquisition of First Interstate Bancorp represents one of the relatively uncommon cases in which the economic values of both the acquiring and acquired banks increased sharply upon announcement of the deal. The transaction is also one of the few cases where the bidder in a major bank acquisition chose purchase instead of pooling accounting–despite the fact that the deal was openly hostile and that Wells Fargo had to fight off a competing bid from First Bank Systems.
Based on the stock market's reaction to this merger battle, as well as the results of their study of 153 bank mergers over the period 1985–1991, the authors argue that the most promising mergers are those presenting large opportunities to reduce costs by eliminating redundant operations. The stock market is much less responsive to other merger rationales such as diversification or entry into new markets in pursuit of growth.
The Wells case also suggests that a preoccupation with the accounting treatment of a merger is a mistake if it becomes the primary reason for turning down a deal that creates economic value, or if it prevents the bidder from choosing the lowest-cost method of financing the deal. Throughout the bidding contest for First Interstate, the stock market responded positively to the success of Wells Fargo's efforts, even though purchase accounting would have a large adverse impact on reported earnings.
But if the stock market does not appear to care about the accounting treatment of a merger, the method of financing does appear to matter to investors. In general, acquisitions financed with cash are viewed more favorably by the market than stockfunded transactions. The evidence also suggests, however, that acquiring firms can reduce the negative impact of stock deals by making conditional offers (those in which the number of shares depends on the stock price performance of the acquirer) and by combining such offers with stock repurchase programs.