I agree entirely with your sentiments here. Unfortunately, courts are very reluctant to overrule provisions of collective bargaining agreements as long as what is agreed to doesn't violate a specific statute. Since it's not a criminal matter, the accused is not subject to imprisonment, the Constitutional argument ends up being a stretch. It's seen simply as an employee discipline matter, even though in this case it's not your typical employee. Most of us don't have these things open to national scrutiny, and aren't in a position to make a living in part based on our image. Historically, that hasn't made much difference. Time will tell if Zeke's case moves the needle in a different direction.
