Sec. 3. Unenforceability of agreements to arbitrate disputes regarding employment and reemployment rights of members of the uniformed services

317 words·~1 min read·/bill/113/hr/5375/ih/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subchapter III of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: Notwithstanding any other provision of law, any clause of any agreement between an employer and an employee that requires arbitration of a dispute arising under this chapter shall not be enforceable. Subsection

(a)shall not apply with respect to any dispute if, after such dispute arises, the parties involved knowingly and voluntarily agree to submit such dispute to arbitration. Subsection

(a)shall not preclude the enforcement of any of the rights or terms of a valid collective bargaining agreement. Any issue as to whether this section applies to an arbitration clause shall be determined by Federal law. Except as otherwise provided in chapter 1 of title 9, the validity or enforceability of an agreement to arbitrate referred to in subsection

(a)or (b)(1), shall be determined by a court, rather than the arbitrator, irrespective of whether the party resisting arbitration challenges the agreement to arbitrate specifically or in conjunction with other terms of the agreement. This section shall apply with respect to all contracts and agreements between an employer and an employee in force before, on, or after the date of the enactment of this section. . The table of sections for such chapter is amended by inserting after the item relating to section 4326 the following new item: 4328. Unenforceability of agreements to arbitrate disputes. . The provisions of section 4328 of title 38, United States Code, as added by subsection (a), shall apply to— any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act.