Arbitration News

Kucinich, Democratic Leaders Urge Gov. Davis

The letter urges Governor Davis to sign a bill, A.B.1715, passed by the State Legislature, that would prohibit employers from requiring, as a condition of employment, employees to sign mandatory arbitration agreements regarding civil rights claims.

The letter states,

“We urge you to sign A.B.1715 and ensure the integrity of the many civil rights laws you have already signed into law, supporting the EEOC and all of the civil rights and labor groups that are working so hard to protect these fundamental democratic values.”

In the next few weeks Kucinich, and more than 50 other Democratic House members, will introduce the Preservation of Civil Rights Protections Act of 2003. Senators Kennedy and Feingold will introduce an identical bill in the Senate. The legislation, broader than the bill passed in the California, would require that any agreement to arbitrate an employment claim arising under any Federal statue be made post-dispute, in order to ensure that the agreement and waiver of rights is truly knowing and voluntary.

The lawmakers continued in their letter,

“We view this battle against mandatory arbitration of workplace claims to be a fundamental issue of worker and civil rights. We intend to forcefully carry on the fight for the integrity of our civil rights and labor laws in Congress, in the courts, and with the public. Based on your long commitment to civil rights, we hope you can join us in this fight.”

A.B. 1715 was passed by the California State Legislature on August 28, 2003. Governor Davis has until Monday, September 8, 2003, to sign the bill.

Kucinich is Co-Chair of the Congressional Progressive Caucus and a member of the House Education and the Workforce Committee.

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	Did You Know?
	Arbitration is different than mediation. Mediation is a method of dispute resolution whereby the disputing parties achieve a mutually-satisfactory resolution with the assistance of a mediator. Unlike arbitration sessions, mediation sessions are not “decided” in favor of one party or another; rather, the mediator simply facilitates the negotiation process between the parties. Mediating parties are not bound to resolve their dispute (although mediated settlements, once reached, can be made binding if the parties decide to draft a contract called a settlement agreement). Arbitrating parties, on the other hand, receive a final decision from the arbitrator, which is either binding or non-binding depending on the terms of the arbitration agreement.