Sunday, 10 February 2008

abuse of arbitration by nasa



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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