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As the election cycle continues to ramp up and reports of an upset in the Senate and shift in the house rill the airwaves I’d like to take a trip back to 2009. Specifically October 6, 2009, at 04:37 PM. Why so specific one might ask and oh my droogs let me say that this was an enlightening moment.
On October 6, 2009, at 04:37 PM a vote came to the US Senate Floor. And what was this vote for:
To prohibit the use of funds for any Federal contract with Halliburton Company, KBR, Inc., any of their subsidiaries or affiliates, or any other contracting party if such contractor or a subcontractor at any tier under such contract requires that employees or independent contractors sign mandatory arbitration clauses regarding certain claims.
Okay, that’s not the best summery in the world, but, that’s what they wrote, lets see what we can dig up.
None of the funds appropriated or otherwise made available by this Act may be used for any existing or new Federal contract if the contractor or a subcontractor at any tier requires that an employee or independent contractor, as a condition of employment, sign a contract that mandates that the employee or independent contractor performing work under the contract or subcontract resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.
What does that mean though? Simply put it means cases involving discrimination, sexual assault or harassment must be resolved through the court system and cannot go through arbitration. Any company or contractor whose policy it is to bypass the standard legal process on these issues cannot receive Federal Funding.
There’s an argument to be made that they do have a process in place, arbitration. The question becomes what arbitration and how does it work?
Arbitration often allows you to resolve disputes more quickly and cheaply than by going to court. Instead of judges or juries, arbitrators decide if wrongdoing occurred and how to correct or compensate you for it.
When the arbitration is over, the decisions of the arbitrators are final and not subject to appeal. If you are unhappy with the result, you cannot go to court to try again. The arbitrators’ decisions can only be challenged under very limited circumstances—for example, if you can demonstrate that an arbitrator was biased. If you want to challenge an arbitrator’s decision you must do so within three months or less in a “motion to vacate.”
(From Sec.gov)
It is a quick easy method to resolve issues. If you like take a look at the fine print of your credit card. You’ll find that should they have to sue you to get money you’ve likely already agreed to arbitration. Why go through arbitration? Besides he fact that it is a quick easy process an arbiters record is available, if you know how to ask for them. Companies use this to select arbiters who more often than not will side with business. Yes, this means the deck is stacked against you, and, legally binding.
So, lets summarize, here we have an amendment to the Defense Bill that for certain cases who require the parties involved to take more time and cost more money. However, in these cases, such as the gang rape that inspired the bill, the victims would be able to have a lawyer and the dispute processed by an actually impartial third party. Where in case of a unjust ruling there is a clear resolution process.
Ultimately this amendment passed. That’s not to say it did not face opposition though. One might ask who would be opposed to helping rape victims? Well the title of this post does give that part away. What inspired us to write about a now ten month old vote though has to do with a recent discovery.
Here you can find a list of every senator who voted against the bill and their phone number. I would say Republican and Democrat Now, but only one side of the party opposed this change. Now, I send you out as sheep in the midst of wolves. Give us a ring sometime…
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