Mr. Chair, I rise in strong opposition to this amendment. There are more than 60 million workers who make up a majority of nonunion, private sector employees and who are subject to forced arbitration clauses. These employees are told that, if they want to get a job or keep the job they have, they must sign away their right to their day in court and submit to forced arbitration. These workers have absolutely no choice. Many of these workers have no idea that they are subject to forced arbitration, and even if they are aware, there is nothing they can do about it; and, of course, it is not possible for them to know that they may be victims of sexual assault, wage discrimination, or other illegal behavior before they begin employment. This is a serious power imbalance which allows companies to unilaterally impose unfair terms upon nonunion employees. The FAIR Act aims to put power back into the hands of these 60 million workers who have been forced by their employer to sign away their rights. But when real choice is part of the equation, arbitration can be a reasonable alternative to litigation. Collective bargaining, which involves meaningful negotiation between the company and the union, results in a much different arbitration process and can produce much different results.…
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