Tag Archives: lawsuits

August 17, 2017 · 10:08 pm

Ethics Dunces: The 8th U.S. Circuit Court of Appeals

I don’t understand this ruling at all.

In 2011, Cooper Tire & Rubber Co. had locked out union workers. After the company later settled a contract dispute, they all returned to work except for Anthony Runion, who had been fired. Runion had shouted at a van carrying replacement workers onto the company’s grounds: “Hey, did you bring enough KFC for everybody?” and “Hey, anybody smell that? I smell fried chicken and watermelon,” the opinion noted, adding that most of the replacement workers were black.

In the 2-1 ruling for the fired worker, Judge William Duane Benton cited the law protecting unions, strikers and pickets, 29 U.S.C. § 157. Section 7 of the Act guarantees employees the right to “assist labor organizations . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 7
gives locked-out employees the right to picket. Section 8(a) prohibits an employer from interfering with, restraining, coercing, or discriminating against employees in the exercise of their Section 7 rights.

How would firing  a worker for uttering undeniable racially hostile verbiage in the process of striking? Benton writes, citing various cases in the line of labor decisions:

“One of the necessary conditions of picketing is a confrontation in some form between union members and employees.” Chicago Typographical Union No. 16, 151 NLRB 1666, 1668 (1965), citing NLRB v. United Furniture Workers of Am., 337 F.2d 936, 940 (2d Cir. 1964). “Impulsive behavior on the picket line is to be expected especially when directed against nonstriking employees or strike breakers.” Allied Indus. Workers No. 289 v. NLRB, 476 F.2d 868, 879 (D.C. Cir. 1973) (internal citation omitted). This court analyzes picket-line conduct under the Clear Pine Mouldings test: a firing for picket-line misconduct is an unfair labor practice unless the alleged misconduct “may reasonably tend to coerce or intimidate employees in the exercise of rights protected under the Act.” NMC Finishing v. NLRB, 101 F.3d 528, 531 (8th Cir. 1996), citing Clear Pine Mouldings, Inc., 268 NLRB 1044, 1046 (1984), enf’d, 765 F.2d 148 (9th Cir. 1985). The test is objective.

Wait: racially prejudiced rhetoric is “impulsive behavior”? Not by non-racists, its isn’t. Non-racists don’t suddenly start talking like racists on impulse. Anthony Runion unmasked himself as a racist by his behavior on the picket line. It may not have been “picket line misconduct,” but it was certainly unacceptable workplace and employee conduct, with a strong indication of more to come. Benton wrote that there was no evidence the black “scabs” heard Runion’s racist words, though dozens of others nearby did, and that the comments were not directed at any individual. Wait again: is the judge arguing that using racial epithets in the workplace isn’t a firing offense as long as the offender can say, “I didn’t mean you” ?

The lone dissenting judge, Judge C. Arlen Beam  dissents by stating the obvious: Continue reading →

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August 13, 2017 · 11:53 am

Morning Ethics Warm-Up: 8/13/2017

1. Is the concept that people and groups who have ugly or even essentially un-American beliefs and positions still ave the right to express them, advocate them, and do so without being attacked, and once attacked, have the right to defend themselves like any other citizen really so hard to grasp? Is it also controversial after all these years? Based on the echo-chamber garbage I’m reading on Facebook and on blogs like The Huffington Post, it would appear so.

2. I haven’t been following the Taylor Swift groping lawsuit, have you? I’m not sure it justifies following, though it does follow the path of campus sexual assault accusations. To summarize for those of you with higher priorities, pop superstar Taylor Swift was in the midst of a 2013 tour when  she hosted a meet-and-greet for fans in Denver. David Mueller, then a DJ for the radio station KYGO, came to the event and posed for a photo with Swift and his girlfriend. Here is the resulting photo, courtesy of gossip site TMZ:

Swift said that Mueller reached under her skirt and molested her from behind. Her security team ejected the DJ and complained toMueller’s employer, KYGO, which fired him. fired him. In 2015,  Mueller filed a defamation suit against Swift,  denying that he touched her intimately and demanding millions in damages for his lost job and sullied reputation. She has counter sued for a single dollar.

As with many sexual assault cases tried in a civil setting or by a university kangaroo court, this lawsuit will come down to who the jury believes, and the photo, which is the only evidence. (Mueller says that he recorded a two-hour phone call with KYGO the day after he learned of  Swift’s complaint, and had a copy of the audio file on his laptop and on an external hard drive, and  his cell phone too, but he spilled coffee on and then lost the laptop, while the external hard drive inexplicably stopped working. Then he threw out the cell phone.  Sure. ) In its article about the case, Vox says,

“America has long had an unspoken understanding that famous women have no real right to bodily autonomy. Women in general aren’t understood to have much right to bodily autonomy in America: hence rape culture, hence comments about rape like, “if a man walked around with a suit made of $100 bills, he’d expect to be robbed, wouldn’t he?” that make women’s bodies analogous to money. But because fame already comes with diminished expectations of privacy, celebrity women are considered to be especially fair game.”

Fake history. I was certainly not taught this, nor did I “understand it” to be true. There are, and have always been, pig assholes who think like Vox describes, but they have been regarded as assholes for decades. This is feminist bigotry at work, stated as fact. As a civilized male who was raised to respect women and their bodily autonomy, I find the trope that all men, especially those on college campuses, are nascent rapists political propaganda of the most despicable kind, and not worthy of the seriousness accorded it by female Democratic Senators, publications like Vox, Obama’s Education Department and feminists. My reading of the case is that Swift made the unfortunate but understandable choice of continuing to pose for the picture while this creep was fondling her butt, but that Mueller will have a difficult time proving defamation—the burden is on him, not her—and is likely to lose, not in small part because Swift, a trained PR whiz, was a spectacularly effective witness. ( Question from the plaintiff’s counsel: Why did your skirt look undisturbed in the photo if my client had his hand under it as you claim?  Swift: “Because my ass is located in the back of my body.” Continue reading →

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August 11, 2017 · 7:10 pm

The Trustworthy New York Times, Whose Editors Don’t Read Their Own Paper

I was stunned when the New York Times, after a Bernie Sanders supporter engineered a sniper attack on a group of Republican Congressmen (Steve Scalise is still hospitalized) published an editorial including the “everybody does it” argument that Republican rheteric had activated madmen too, reminding readers that there had been a  “clear” and “direct” causal connection between Palin’s PAC’s “targeting” of Gabrielle Giffords’ district and Jared Loughner’s murder of six people in Tucson. How could they be dredging up this old smear again, after it had been so thoroughly debunked? It seemed like a desperate, vicious deflection.

The  theory had caused an extended and heated debate at the time of the Tucson attack, with left-biased media pundits, including the Times’ Paul Krugman and others, attempting to silence conservatives by arguing that their harsh “eliminationist rhetoric” had put Gifford in the crosshairs, literally. The Left’s prime scapegoats for the shootings were the most vocal conservative  critics  of President Obama and the Democrats at the time, Rush Limbaugh and Sarah Palin.The smear was transparent and dishonest; eventually even President Obama rejected it in the best speech of his tenure as President. It was also quickly disproven by the facts. Loughner, if anything, was a progressive lunatic. His written rants suggested no influence by the Right at all, and certainly no indication that Palin’s use of a crosshairs graphic to indicate Democrats “targeted” for defeat at the ballot box had even been seen by the killer, much less set him on his murderous path.

The revived lie was taken down online within a day, though not before the Times’s rival for the title of  “Parper Most Willing To Devastate Its Reputation To Destroy Donald Trump” issued a merciless ‘factcheck.”  The falsehod was also put into print. Several lawyers suggested that Palin had grounds for a defamation lawsuit, even though, as a public figure, prevailing in a lawsuit would require her to prove “actual malice.” Palin did sue.  Sure enough, The Times is denying malice by arguing that it made an “honest mistake.” But how could it be an honest mistake, when the Times itself had published reporting that finally proved Loughner was no devotee of Palin or Limbaugh.

For the Times editors to claim they made an honest mistake, they must insist that they were unaware of what had been prominently published in their own newspaper, under their own oversight. Sure, that’s certainly the kind of professionalism, competence and care one expects from the flagship of American journalism. Continue reading →

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July 31, 2017 · 11:41 am

Morning Ethics Warm-Up: 7/31/17

Good Morning!

1. If you want an instant reading on someone’s ethics alarms, or a quick diagnosis of whether he or she is a jerk, ask their opinion on yesterday’s episode in which New Jersey Governor Chris Christie got in the face of a Cubs fan who was harassing him during the Brewers-Cubs game. Instead of ignoring the fan, who was shouting insults at him, Christie walked over to him and said, among other things, “You’re a big shot!”

“Appreciate that,” the fan gulped.

It’s rude, uncivil and cowardly to shout insults at anyone who just happens to be attending an event as a private citizen. It doesn’t matter who the target is. The fan, Brad Joseph, assumed that he was insulated  by the crowd and the setting from any consequences of being a jackass by setting out to make Christie’s visit to the ball park unpleasant. Bravo to Christie for behaving exactly as any other non-weenie would when subjected to such abuse. Brad was adopting the same false  entitlement the “Hamilton” cast assumed when it harassed Mike Pence, though in lower case. Elected officials have an obligation to listen to the public’s complaints and positions. They do not have an obligation to accept outright abuse, and shouldn’t.

Joseph, heretofore to be referred to as “The Jerk,” or TJ, told a radio station, “I called him a hypocrite because I thought it needed to be said.” Then walk up to the Governor like a man, look him in the eyes, and say it, you chicken. Shouting from a crowd is a hit-and-run tactic, and you know it. You depended on it.

 

“This is America and I think we have the right to say what you believe as long as it’s not crude or profane,” Joseph then said. Wrong, Hot Dog Breath. You do have a right to be crude and profane, but as with those abuses of free speech, harassing someone, anyone, at a ball game is still unfair and unethical.

2. Then there were the ad hominem attacks on the Governor in the comments to the story. Did you know Christie was fat? Did you know that being fat proves his unfitness for public service or removes his human right to be treated decently when he goes to a ball game? These were the conclusions of easily 75% of all commenters, proving informally that 75% of internet commenters have the ethical instincts of 10-year-olds.

The news media was hardly better: check which sources make a big deal about the fact that Christie was holding a plate of nachos when he stared down TJ. This non-essential detail was even in some headlines. Newsweek, which is really just a left-wing supermarket tabloid now, actually headlined the story “Chris Christie confronts fan who wouldn’t let him eat nachos in peace.”

That’s not just fat-shaming, that’s an endorsement of fat-shaming. The problem with Chris Christie isn’t that he’s fat; the problem with him is that he is corrupt and sold out his principles and his country to help make Donald Trump President, none of which justifies abusing him when he’s at a baseball game.

Or watching “Hamilton. Continue reading →

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July 20, 2017 · 1:14 pm

Unethical Quote Of The Day: Valerie Joseph, Wheelchair-Bound Uber User And Class Action Litigant

“I feel frustrated because I have to plan my day.I can’t do things on a whim. I have to plan it days in advance.”

—Valerie Joseph, litigant in  class-action lawsuit accusing Uber of discriminating against New York City riders with disabilities by providing inadequate access to wheelchair-accessible cars .

Could there possibly be a better quote to exemplify the entitled mentality of so many Americans, and the unethical values they have somehow extracted from our political culture?

Yes, Valerie, you are handicapped. I’m sorry about that, but I’m not responsible for it. Nor are you entitled to make me, and businesses, and the government pay to ensure that society can mitigate every inconvenience created by your misfortune. You do not have the luxury of doing things “on a whim.” Neither do single mothers. Neither do small business entrepreneurs who have substantial debt. It’s your life, deal with it. I also have to plan my days because of circumstances beyond my control. It’s called adulthood. Grow the hell up.

The lawsuit Valerie champions, filed in State Supreme Court in Manhattan by the non-profit Disability Rights Advocates is a classic. It is seeking to risk putting Uber out of business and remove its lower-cost transportation options for the vast, vast majority of the public by insisting on expensive retrofitting of the company’s cars that would benefit a tiny minority.

The Taxis for All Campaign filed a similar discrimination lawsuit over yellow taxis, virtual legal extortion that resulted in a settlement requiring half of all yellow taxis to be wheelchair accessible by 2020. Thus the litigants in the Uber suit already have an acceptable option: call a cab.  There are now 655 wheelchair accessible taxis in the New York city area.  I’d love to see statistics on how often they are used by the passengers they are designed to serve.  My guess: not that often. As much as anything else, this is an interest group power-play. It is discrimination, they insist,  if handicapped passengers have to wait longer than non-handicapped. New York’s Taxi and Limousine Commission has proposed broad new requirements for wheelchair-accessible service for the entire for-hire industry including Uber and the other ride-hail companies. Naturally: they want to put ride-sharing companies out of business, and this could do it. Continue reading →

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July 16, 2017 · 8:06 pm

From The “Law vs Ethics” Files: PETA Chooses To Harm An Artist On Behalf Of A Monkey Who Couldn’t Care Less, And Judges Think It’s An Amusing Legal Condundrum

“I’m baaaaack!”

When we last heard from  photographer David Slater, the U.S. Copyright Office had rejected his claim that he owned the  copyright for the famous series of selfies presumably taken unintentionally by a Celebes crested macaque.  In 2011,  Slater spent several days following and photographing a troop of macaques in Sulawesi, Indonesia, and the selfies were a lucky bi-product that quickly became a web sensation. Slater had asserted ownership over the photos, and had demanded that various on-line users, such as Wikipedia, either take them down or pay him as the copyright holder. The ruling of the Copyright Office was based on the theory that Slater had not taken the photo, so he was not the creator, and animals couldn’t own copyrights, so the photos were in the public domain.

Pop Ethics Quiz: Would it have been unethical had Slater simply released the photos without revealing that the selfies had been the lucky result of an  accident, snapped by the monkey wile it was messing around with his equipment?

About the Copyright Office’s ruling: I’m dubious. Slater owned the equipment, and had the sense to preserve the photos. A decision that if a photo is taken accidentally by a non-human or an act of God, the photographer who owns the equipment gets the copyright would have been fair.  Zapruder owned the film that inadvertently caught President Kennedy having his forehead shot off, and it made him rich. Slater’s claim just goes a step further: Zapruder left the street  to buy a hotdog, put his camera on on a trash can and asked a friend to “watch it,” and a dog turned the camera on, catching the grisly scene. So Zapruder doesn’t own the film anymore? Does that make sense to you?

Well, that was the ruling anyway. Then things got really ridiculous. Slater included the monkey selfies in a book, and People for the Ethical Treatment of Animals (PETA)  brought a law suit against Slater on behalf of the monkey,which PETA claims is named Naruto, and asked that PETA be appointed to administer proceeds from the photos for the benefit of Naruto and other crested macaques in the reserve on Sulawesi. So PETA would suddenly be the de facto copyright holder. Continue reading →

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July 15, 2017 · 4:54 am

Morning Ethics Warm-Up: 7/15/2017

Gooooood Morning Ethics Alarms Readers in Vietnam (3, 501 views so far)!!

1. I am three new rationalizations and at least two Comments of the Day behind. Sorry.

2. One of the more creative efforts to make Donald Trump Jr.’s aborted opposition research meeting seem significant, sinister and one more step to the impeachment “the resistance” and the news media so, so desperately want is this article in the Washington Post, by a Rolf Mowatt-Larssen, the director of the Intelligence and Defense Project at Harvard’s Belfer Center, who was a director of intelligence and counterintelligence at the Department of Energy and previously a CIA intelligence officer in domestic and international posts. His analysis is a masterpiece of projection, supposition, unwarranted assumptions and exaggeration. Rolf’s argument is that the meeting is important because it constituted a “green light” to Russia that the Trump campaign approved of Russian meddling in the election, would not blow the whistle on it, would be open to more serious involvement, and would respond to such action with future quid pro quo favors. All of this, simply based on the willingness to meet on the hopes of acquiring dirt on Hillary Clinton.

It is useful a a microcosm of the entire Russia-Trump conspiracy theory, and indeed conspiracy theories generally. Applied to an agreement between a married man and a single woman to have drinks together, the fact that the man never tells his spouse about the meeting means that the man thought the meeting was illicit, was open to having adulterous sex with the woman, would react favorably to the woman’s subsequent efforts to undermine his marriage, and was a green light to the woman to escalate her seduction. But as in the case of Trump’s meeting, a married man having drinks with an unmarried woman is not illicit, no matter what Mike Pence thinks, and is not proof of any further actions or unethical intent no matter what conclusions the woman leaps to. There is also the disconnect that under Mowatt-Larssen’s analysis and his version of the Russian thinking, Donald Trump Jr was central to the Trump campaign rather than incidental. He also seems to think the right hand in this chaotic organization knew what the right hand was doing, which we know not to be true. Continue reading →

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