Saxby Chambliss Responds
Posted On Monday, November 02, 2009 at at 2:26 PM by Dan
On Tuesday, October 27 I received a response from Sen. Saxby Chambliss. I had sent both of the Georgia Senators a letter asking why they opposed Sen. Al Franken's amendment to the Defense Authorization bill. Franken's amendment would have (will, actually, since it passed) banned the federal government from giving contracts to companies that do not allow their employees to sue in court for sexual harrasment or assault. Those opposed to the amendment have been accused of supporting rape. In my letter I ask why the Senators would support such an amendment, if they really meant to vote for gang rape. Sen. Chambliss initially responded with something about Kevin Jennings. He now is answering the question.
Dear Daniel:
Thank you for contacting me regarding Senate Amendment 2588 (S. Amdt. 2588) as it pertains the National Defense Authorization Act for the 2010 fiscal year (NDAA). It is good to hear from you.
During the recent debate on the NDAA, Senator Franken introduced S. Amdt. 2588 which would drastically change the way the Department of Defense (DoD) interacts with defense contractors. Specifically, this amendment bans the DoD from doing business with any contractor that has a mandatory arbitration clause with its employees. Therefore, all defense contractors that want to continue to receive federal funding will be forced to eliminate mandatory arbitration as an option for resolving employment disputes.
I strongly believe rape is a terrible crime and that those who commit sexual assault should be punished. However, the Franken amendment was not the proper way to address this issue. This amendment creates a major, fundamental change in U.S. labor law that goes far beyond Ms. Jones' claim against Halliburton. Instead, I strongly support the U.S. Justice Department being more aggressive in prosecuting cases of rape and violent crime in all situations where they have jurisdiction.
From a legal standpoint, the elimination of arbitration as an option leaves employees with only the option of going to court, which often to the determent of the employee is a very expensive and lengthy process. Arbitration allows employees to still make their claim and pay nothing or nearly nothing to do so because an employee does not have to hire an attorney for arbitration. As such, I voted against the inclusion of the Franken Amendment to the NDAA.
Dan I am curious. Chambliss states that the amendment Franken proposed meant that the DoD was banned "from doing business with any contractor that has a mandatory arbitration clause with its employees." Yet, the text of Franken's amendment is very specific and wants to ban business "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." Franken seems very specific in his amendment, Chambliss is very general, am I wrong?
By the way, do employees really make out better in arbitration, something tells me they do not. Plus, l can you really consider that this 19 year old girl would face Halliburton in arbitration (without a lawyer to reduce costs) and win a settlement.
I believe you're correct. The Franken amendment is specific. Chambliss, along with the other Republicans who voted against the amendment, argue that the amendment would have ended arbitration as an option. That isn't true. Apparently Chambliss is unaware of the amendment.
As to whether or not arbitration is good for workers, I don't know for sure. I don't think anything works well, courts or arbitration, if the worker is by herself. Arbitration is used a lot in union contracts to settle grievances. Of course, in that case you have a steward and a rep to help.