Source: Jesse J. Holland. “African Americans, Latinos Really Don’t Trust the Media to Tell Their Stories.” Associated Press. September 16, 2014. http://www.huffingtonpost.com/2014/09/16/blacks-hispanic-media-trust-united-states_n_5831228.html.
It was great seeing and spending time with my grandma today. Her visit was kind of unexpected, which made seeing her even better! Ever since I was in elementary school, she has described me as being “conscientious.” One definition for the word: “(of a person) wishing to do what is right, especially to do one’s work or duty well and thoroughly.” I think it’s the Virgo in me…
Source: Lyndon B. Johnson, June 4, 1965.
MICHAEL ZWEIG: I think he’s made it clear that he would challenge any award that is made by Arbitrator Gregory and he wants his case heard by the Southern District of New York. We have an arbitration agreement with him. We, by no means in any sense, suggest that it’s not valid, binding and enforceable, but at this point, because of the untoward delays that we’ve incurred and the obvious dissatisfaction of Mr. Washington with the Arbitrator and the way this has proceeded, simply as a matter of getting a decision and expediting this, I would go back to my client and inquire, but I think they would be willing to proceed directly in the federal court, if that’s Mr. Washington’s desire. It’s what he stated in his latest letter, but I don’t want to speak for him because he’s well capable of speaking for himself.
MARCUS WASHINGTON: I would just like to say that, I would rather the Arbitrator first make a ruling on whether the arbitration agreement is unconscionable or not in a written decision on that issue, and then from there, if he decides that it is unconscionable, I would proceed back in the federal court where the case belongs and if he decides that the contract is actually conscionable and enforceable, then I will….then he should then make a decision in favor of the Respondents on all claims because all of my claims are interrelated. And then from there, I would go back to the federal court and seek to have the judgment, the award vacated.
MICHAEL ZWEIG: Well, I don’t want to, in any way, influence what your decision is, but I might suggest that you may wish to give it further consideration.
MARCUS WASHINGTON: Who?
MICHAEL ZWEIG: Because you appear to be saying consistently in every document that you’ve submitted that you don’t trust the Arbitrator, that you don’t want the Arbitrator to determine this case. My client has spent, as you have, a considerable amount of time thus far and a substantial amount of progress has not been made. I guess the idea occurred to some of us, why not just cut to the chase and have the federal court decide it? Have the federal court proceed as if it’s a case in the district court because you’re going to be…
MARCUS WASHINGTON: (Overlapping) Well, I’m not going to have an entire year wasted without a decision on the arbitration agreement from the Arbitrator as stated in the arbitration agreement that I signed. The Arbitrator is to determine any issue such as whether the contract should be enforced or not…
MICHAEL ZWEIG: (Overlapping) Yea, well let me try to make it clear…
MARCUS WASHINGTON: ..and until that happens, I’m not going back into the federal court without a decision from the Arbitrator.
MICHAEL ZWEIG: If in fact that is something you are interested in, we would take the issue of the arbitration off the table, whether you want to describe it was waiving our right to arbitration or not seeking to enforce it, so that issue of whether it’s unconscionable or not unconscionable, reasonable or not unreasonable, would be removed. It would not have to be decided by the federal court.
MARCUS WASHINGTON: No, it would be decided by the Arbitrator.
HEATHER SANTO: I think Mr. Washington, what Respondents’ counsel are saying is, and we’ve observed also is, you’re looking to take this matter back into the federal court whether you receive a decision from the Arbitrator that would be against you or in your favor, you intend to go to federal court. When an arbitrator renders a decision, it is considered final and binding.
MARCUS WASHINGTON: (Overlapping) Wait. Wait one second Heather. Heather, the case is stayed pending arbitration. The case is already stayed in the federal court, okay? So I have to go back anyway and under sections 9 through 11 of the Federal Arbitration Act, I can do that by…that’s what I can do. So it’s not a “Oh, you want to go back to the federal court.” No, by law, I can do that – to have the award vacated, modified or confirmed. I have to do that. It began in the court, so it has to go back there.
HEATHER SANTO: I just want to advise you that….I want to make sure that you’re aware that a court’s grounds for vacating an award are limited…
MARCUS WASHINGTON: (Overlapping) Trust me, I am very aware ma’am. (emphasis added)
Source: Conference call with AAA Director Heather Santo.
Source: Ira Katznelson, When Affirmative Action Was White. pg. 15.2005. (quoting President Lyndon B. Johnson’s commencement speech at Howard University on June 4, 1965)