Monday, August 28, 2006

Binding Arbitration not so Binding



Robert Henderson, a Nebraska State trooper, in his private time joined the Ku Klux Klan. There was no suggestion that his membership affected his performance of his duties but he was still fired over it. Under the State government's contract with the State Patrol, the case went into binding arbitration:

"Arbitrator Paul J. Caffera, a New York lawyer, last week overturned the firing. He said Henderson was entitled to his First Amendment rights of free speech and that the state violated the troopers' contract, in part when it fired Henderson"

Source


But Nebraska has dishonoured the "binding" in its contract with the State Patrol and is still fighting the matter in court.

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