Prominent congressional Democrats, including chair of the relevant House committee and eight presidential hopefuls, want to negate the Supreme Court’s ruling that mandates company-friendly forced arbitration that overrides workers’ rights.
The Restoring Justice For Workers Act, unveiled by House Judiciary Committee Chairman Jerry Nadler, D-N.Y., House Education and Labor Committee Chairman Bobby Scott, D-Va., and Sen. Patty Murray, D-Wash., would reverse the High Court majority’s decision last year that the Arbitration Act of 1925 overrides the National Labor Relations Act, approved 10 years later.
The ruling by the 5-man GOP-named majority effectively banned workers from going to court when their employment contracts – mostly by individuals with firms, but sometimes by unions with firms – mandate the two sides submit all disputes one by one to arbitrators.
Sending arguments to arbitrators winds up in company wins more than 90% of the time, judicial data and other studies show. And arbitration clauses not only override labor law, but the court’s majority ruled, can ban its use altogether. Their ruling also closes off class action suits.
“The bill would overrule Epic Systems v. Lewis, which allowed employers to continue to require workers to sign forced arbitration clauses,” a summary from Scott’s panel says.
“Arbitration clauses prevent workers from banding together to enforce their legal rights and are often buried in the fine print of employment contracts, meaning many workers are not aware they waived their rights. Use of forced arbitration clauses that block workers’ access to the courts has led to widespread non-enforcement of workers’ rights, including their right to minimum wage, overtime, and to a workplace free of discrimination and sexual harassment.”More ...