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June 29, 2005

Bill to exclude employment contracts from FAA

House Democrats have introduced a bill to exclude all employment contracts from coverage of the Federal Arbitration Act. The bill would not apply to collective bargaining agreements, and would not apply to post-dispute agreements.

Here is the bill:

Preservation of Civil Rights Protections Act of 2005 (Introduced in House) - HR 2969 - 109th CONGRESS, 1st Session

To amend title 9 of the United States Code to exclude all employment contracts from the arbitration provisions of chapter 1 of such title; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 17, 2005. Mr. KUCINICH (for himself, Mr. GEORGE MILLER of California, Mr. CONYERS, Mr. FRANK of Massachusetts, Mr. MARKEY, and Mr. ANDREWS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title 9 of the United States Code to exclude all employment contracts from the arbitration provisions of chapter 1 of such title; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the 'Preservation of Civil Rights Protections Act of 2005'.

SEC. 2. AMENDMENT TO FEDERAL ARBITRATION ACT.

Section 1 of title 9, United States Code, is amended by striking `of seamen' and all that follows through `commerce'.

SEC. 3. UNENFORCEABILITY OF ARBITRATION CLAUSES IN EMPLOYMENT CONTRACTS.

(a) Protection of Employee Rights- Notwithstanding any other provision of law, any clause of any agreement between an employer and an employee that requires arbitration of a claim arising under the Constitution or laws of the United States shall not be enforceable.

(b) Exceptions-

(1) WAIVER OR CONSENT AFTER CLAIM ARISES- Subsection (a) shall not apply with respect to any claim if, after such claim arises, the parties involved voluntarily consent to submit such claim to arbitration.

(2) COLLECTIVE BARGAINING AGREEMENTS- Subsection (a) shall not preclude an employee or union from enforcing any of the rights or terms of a valid collective bargaining agreement.

SEC. 4. APPLICATION OF AMENDMENTS.

This Act and the amendment made by section 2 shall apply with respect to all employment contracts in force before, on, or after the date of the enactment of this Act.

My view: Dead on arrival. There is not now, nor will there soon be, majority support for this bill in the House or in the Senate.

Posted by Ross Runkel, Editor at LawMemo, publisher of Employment Law Memo. Try it.

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