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Thread: Supreme court sides with church on firing

  1. #21
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by Gardener View Post
    Actually, it violates basic tenets in regards to equal treatment before the law.

    I guess what you don't know can't hurt you, though, huh?
    No, no it doesn't. Disagreements are settled by arbitration all the time in this country...either as part of a contract's provisions or by mutual agreement. We most often hear about it as it relates to settling labor contract disputes.
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by TacticalEvilDan View Post
    No, it doesn't. If you are an adult and you agree of your own free will to have a civil dispute settled according to a particular set of rules by a particular arbitrator, your rights have not been violated.
    i think i see your point

    but what of the person who opts to instead want an objective arbitrator who is not bound by a biased set of rules in order to resolve a dispute

    is their free will to opt for that objective hearing discounted
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by justabubba View Post
    i think i see your point

    but what of the person who opts to instead want an objective arbitrator who is not bound by a biased set of rules in order to resolve a dispute

    is their free will to opt for that objective hearing discounted
    That would depend entirely on whether or not they'd signed an agreement requiring settlement in a particular fashion. If not, they're free to insist on a courtroom with a judge.
    I'm already gearing up for Finger Vote 2014.

    Just for reference, means my post was a giant steaming pile of sarcasm.

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by AdamT View Post
    Yes. Based on the story (haven't seen the opinion) it seems like the same reasoning would apply.
    They've stated that (when the question was asked) technically someone could be fired for reporting a child abuse case by the church so there's no whistleblower protection. A church would still open for criminal proceedings though.
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by MaggieD View Post
    No, no it doesn't. Disagreements are settled by arbitration all the time in this country...either as part of a contract's provisions or by mutual agreement. We most often hear about it as it relates to settling labor contract disputes.
    Arbitration is a sham.
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by iliveonramen View Post
    Arbitration is a sham.
    i disagree with that
    legitimate arbitration by objective arbitrators is an effective path to resolution

    what is a sham is the pretense that those who have expressed their willingness to opt for arbitration instead of the court, when such agreement is signed under duress, is a legitimate alternative to having their matter heard before the court
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    once you're over the hill you begin to pick up speed

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by justabubba View Post
    i think i see your point

    but what of the person who opts to instead want an objective arbitrator who is not bound by a biased set of rules in order to resolve a dispute

    is their free will to opt for that objective hearing discounted
    Generally, the guidelines for arbitration are set forth prior to a party accepting such as a means to resolve a dispute. Moreover, arbitration usually has a greater latitude regarding the rules of evidence. It is significant that the arbitrators may be a number of individuals that each side picks individually then one or more chosen jointly. This is meant to insure fairness in the process.

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    Re: Supreme court sides with church on firing

    i disagree with that
    legitimate arbitration by objective arbitrators is an effective path to resolution

    what is a sham is the pretense that those who have expressed their willingness to opt for arbitration instead of the court, when such agreement is signed under duress, is a legitimate alternative to having their matter heard before the court
    You hit on part of why I think it's a sham. The idea that you need a job, and the only way to get that job is to sign an arbitration agreement isn't exactly kosher.

    As for the actual arbitration portion. I've read criticism that an arbitrator is paid by the companies so they've found that arbitrators do tend to side with employers much more often. I wouldn't be suprised. I don't think there's collusion but I wouldn't be surpised that if you side with the company more often you have a better chance of being hired by that company.
    “Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone.” John Maynard Keynes

  9. #29
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by AdamT View Post
    Yes. Based on the story (haven't seen the opinion) it seems like the same reasoning would apply.
    Wow. Thats all I can say to that reasoning.
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  10. #30
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by MarineTpartier View Post
    Wow. Thats all I can say to that reasoning.
    And accordingly, I can only respond by saying, gee willikers.

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