Originally Posted by valanhb
Mike I've been thinking about this thread, and especially about this thread and this Bill in light of the Pay Czar deciding that the pay of executives in some of the larger private companies should be - nay, MUST BE - cut by up to 90%. Doesn't sound the same? Actually, it is almost the exact same thing.
What both of these decisions are saying is that private companies can are no longer held to contract law; that the government can come in at any time and decide that they don't like what's in that contract and change it. Nevermind that it it is in the Constitution that the government can't do that. The Dems control the Presidency and the Congress - they can do anything they damn well please! And they think that these contracts aren't fair, even though both private parties agreed to them when they were agreed on.
This bill does not say that there cannot be criminal charges filed in whatever courts would handle this jurisdiction. I'm not sure why there were federal charges against US citizens who did something bad in Iraq, because they were employed by the State Dept. Frankly, that makes no sense to me, but they didn't ask me and I don't know the laws that would pertain to that. If they could charge that person/those persons, then I don't know why they are hesitating to charge these criminals who raped and mutilated that woman.
What this bill does say is that she can't file a criminal lawsuit, i.e. sue the company, without going through the arbitration process first. The only thing these victims cannot do under their current contracts is to sue the company for not protecting them or harboring a hostile work environment.
So once again, unless you think that justice is served with a check this bill has nothing to do with justice but rather with contract law between private parties.
I'd not heard of the pay czar decision until you mentioned it, so I had to look that up first. And, I think it's crazy. I also think the two situations have very little to do with one another, and are barely similar. The pay czar delving into the operations of private business is actually frightening. But in the case of corporations with government contracts, especially service providers working as government sub-contractors, they already are regulated heavily
by the government. The Federal Acquisition Regulation is thousands upon thousands of pages of regulations, including hundreds of pages concerning the corporation's employees; their transportation, lodging, security, security clearances, even how heavily they have to be insured. The employee/employer contract with government contractors is already subject to greater scrutiny than private, public service industry. This is simply closing a badly abused loophole. This bill does not say that corporations cannot have such contracts...it simply says that the government doesn't have to act as their milk-cow with lucrative contracts if they do. In fact, the politicians involved is probably the only reason it even got noticed. https://www.acquisition.gov/FAR/
It's not about justice for one person, it's about an ongoing climate of crime. I read into it a bit more and found out that she could have sought criminal charges in the US...IF...KBR had not "misplaced" crucial parts of the rape kit that was turned over to them by a military physician. I agree that this bill is very heavily pointed at one particular contractor, and that it could be dropped if all the KBR employees involved in these assaults, to include those "handling" the evidence, holding her in detention after the assault, firing other women that reported such things and banning cell phones after it was found out she used one to call for help
; were rounded up and put on the stand to explain their actions. But this is not going to happen, because there is too much political money tied in with their revenue. McCain and the rest of their payola politicians would close ranks and do whatever they felt was necessary to protect that oh so important source of political capital. He apparently see's his financial well being as far more important than the lives and safety of a mere handful of women.