Justice for Servicemembers Act of 2016

Bill: 114-hr-5426
Sponsor: full_name: Rep. Cicilline, David N. [D-RI-1]
Introduced: 2016-06-09
Policy area: Armed Forces and National Security
Subjects: Administrative remedies

Alternative dispute resolution, mediation, arbitration

Employment discrimination and employee rights

Merit Systems Protection Board

Military personnel and dependents

National Guard and reserves
Latest action: action_date: 2016-06-13
text: Referred to the Subcommittee on Economic Opportunity.

Summaries:
action_date: 2016-06-09
action_desc: Introduced in House
text: <p><strong>Justice for Servicemembers Act of 2016</strong></p> <p>This bill amends the Uniformed Services Employment Rights Act of 1994 to: (1) consider procedural protections or provisions under such Act concerning employment and reemployment rights of members of the uniformed services to be a right or benefit subject to the protection of such Act, and (2) make any agreement to arbitrate a claim under such provisions unenforceable unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.</p> <p>Consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of such provisions as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.</p>

tv_txt: I 114th CONGRESS 2d Session H. R. 5426 IN THE HOUSE OF REPRESENTATIVES June 9, 2016 Mr. Cicilline (for himself, Mr. Jones , Ms. Gabbard , Mr. Wilson of South Carolina , Mr. Cartwright , and Mrs. Walorski ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to clarify the scope of procedural rights of members of the uniformed services with respect to their employment and reemployment rights, and for other purposes.

1. Short title This Act may be cited as the Justice for Servicemembers Act of 2016 . 2. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services (a) Clarification regarding definition of rights and benefits Section 4303(2) of title 38, United States Code, is amended— (1) by inserting (A) before The term ; and (2) by adding at the end the following new subparagraph: (B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter. . (b) Clarification regarding relation to other law and plans for agreements Section 4302 of such title is amended by adding at the end the following: (c) (1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration. (2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment. .