Justice for Servicemembers Act

To amend title 9, United States Code, to prohibit predispute arbitration agreements that force arbitration of certain disputes arising from claims of servicemembers and veterans. 1. Short title This Act may be cited as the Justice for Ser­vice­mem­bers Act 2. Purposes The purposes of this Act are— (1) to prohibit predispute arbitration agreements that force arbitration of disputes arising from claims brought under chapter 43 50 U.S.C. 3901 (2) to prohibit agreements and practices that interfere with the right of persons to participate in a joint, class, or collective action related to disputes arising from claims brought under the provisions of the laws described in paragraph (1). 3. Arbitration of disputes involving the rights of servicemembers and veterans (a) In general Title 9, United States Code, is amended by adding at the end the following: 4 Arbitration of servicemember and veteran disputes Sec. 401. Definitions. 402. No validity or enforceability. 401. Definitions In this chapter— (1) the term predispute arbitration agreement (2) the term predispute joint-action waiver 402. No validity or enforceability (a) In general Notwithstanding any other provision of this title, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a dispute relating to disputes arising under chapter 43 50 U.S.C. 3901 (b) Applicability (1) In general An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. (2) Collective bargaining agreements Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom. . (b) Technical and conforming amendments (1) In general Title 9 of the United States Code is amended— (A) in section 1 by striking of seamen, interstate commerce persons and causes of action under chapter 43 50 U.S.C. 3901 (B) in section 2 by inserting or as otherwise provided in chapter 4 (C) in section 208— (i) in the section heading, by striking Chapter 1; residual application Application (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. (D) in section 307— (i) in the section heading, by striking Chapter 1; residual application Application (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. (2) Table of sections (A) Chapter 2 The table of sections for chapter 2 208. Application. . (B) Chapter 3 The table of sections for chapter 3 307. Application. . (3) Table of chapters The table of chapters of title 9, United States Code, is amended by adding at the end the following: 4. Arbitration of servicemember and veteran disputes 401 . 4. Limitation on waiver of rights and protections under servicemembers civil relief act (a) Amendments Section 107(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. 3918(a) (1) in the second sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver (2) in the third sentence by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver (b) Application of amendments The amendments made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act. 5. Applicability This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act.

Summary: Justice for Servicemembers Act This bill prohibits a predispute arbitration agreement from being valid or enforceable if it requires arbitration of a dispute related to the employment or reemployment rights of a uniformed service member.