Abuse of Arbitration by NASA Contractors.
The use and abuse of mandatory binding arbitration clauses in consumer
and employment contracts has come under increased scrutiny by Congress
with the recent filing of the Arbitration Fairness Act of 2007. During
a hearing in the Senate Judiciary Committee this week the gang rape
allegations by Halliburton employee, Jamie Leigh Jones, and how she
must submit to arbitration through Halliburton was discussed.
This brings up an interesting point. Halliburton and many contractors
who make their living and profits off of government contracts have
been given the right to deny employees their Constitutional rights as
a prerequisite to employment. This includes NASA contractors.
It seems odd that a company doing business with the government, with
our tax dollars, would be allowed by our government and by NASA to do
this. Of course, the arguments in support of arbitration are old,
stale, lame, and deceiving, as stated by the Vice President of the
American Arbitration Association, Richard Naimark, who makes a 6
figure income from the continued abuse of arbitration:
Arbitration provides a fair, efficient, and cost-effective
mechanism for the resolution of disputes when implemented fairly
and impartially, in accordance with due process protocols:
Yea. Right. Fairness is not the point. What would happen if the same
NASA contractor, to protect their employees, and provide a safe
environment decided that as a prerequisite to employment the employee
must not own a gun? Think Charleston Heston of the NRA would be
interested in this?
The supporters of mandatory binding arbitration are either ignorant or
making money off the continued abuse. It is that simple. The best line
in the testimony at the hearing came from Richard Alderman of the
University of Houston:
To me the question is simple, it is not whether arbitration is fair
or benefits consumers, it is whether the more powerful party to a
bargain should be able to deny the other access to the courts.
It doesn't take a rocket scientist to understand this. It really is
that simple.
Labels: arbitration, NASA
posted by John Coby at 6:01 AM
3 Comments:
Anonymous Anonymous said...
"Of course, the arguments in support of arbitration are old,
stale, lame, and deceiving, as stated by the Vice President of
the American Arbitration Association, Richard Naimark, who
makes a 6 figure income from the continued abuse of
arbitration:
Arbitration provides a fair, efficient, and cost-effective
mechanism for the resolution of disputes when implemented
fairly and impartially, in accordance with due process
protocols"-
If this were true why are we having Congressional hearing's on
this? I don't think Mr. Naimark has any intention of giving up
his 6 figure salary while victims loose the shirt off their
backs. One lady told me the AAA asked for her credit card # to
start making charges-carte blanche. Of course she denied them
that pleasure.
Non-profit huh?
Thanks again to Professor Alderman, Paul Bland and the others
who are awakening people tothe injustices of MBA, in my
opinion.
7:12 AM
Blogger Perry Dorrell, aka PDiddie said...
Dude.
Don't get yourself reprimanded or fired or shot at or anything.
8:36 AM
Blogger Matt Bramanti said...
while victims loose the shirt off their backs
Well, sometimes those shirts get a little tight. Why not undo
that top button?
11:50 AM
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