Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The Homeland Security Act of 2002 does not regulate employment relationships at facilities like chemical plants, a federal judge in Brooklyn, N.Y., has ruled in a case of first impression. Independent Chemical Corp., a Queens, N.Y., company whose chemicals are used in making industrial cleaners and food additives, had argued that the act barred it from continuing to employ a man who had been indicted for attempted murder in the shooting of his common law wife. Act doesn’t apply But Judge Dora L. Irizarry of the Eastern District of New York said the act’s restrictions on distributing explosive materials to individuals under indictment did not apply to the employee, Anthony Bennett, because Bennett’s job merely required him to handle chemicals. The act, she said, was intended to deal with the sale or distribution of explosive materials, and the chemical company would never give Bennett title to the materials. The judge ruled in Independent Chemical Corp. v. Local Union 807, No. 05-cv-1987, that the act did not create a public-policy exception under which she could vacate the determination of an arbitration panel. The panel reinstated Bennett, who has also been accused of violence at the workplace, and awarded what could amount to $100,000 in back pay under the terms of his union contract.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.