James W. Robertson, Sr. v. Intratek Computer, Incorporated
Under 41 U.S.C. § 4712, employees of government
subcontractors may not be retaliated against for reporting
violations of laws, rules, or regulations related to the competition for or negotiation of a federal contract. 41
U.S.C. § 4712(a)(1).
In section (c), titled "Remedy and Enforcement
Authority," the statute provides a very specific scheme of
rights and remedies and how to enforce them, including a private cause of action in federal court, district court
enforcement of agency orders, and appellate review. Id.
at § 4712(c). The final subsection of section (c) states: "The
rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of
employment." Id. at § 4712(c)(7).
1. Does mandatory compelled arbitration of claims
under 41 U.S.C. § 4712 disrupt the administrative scheme
set up by Congress to remedy and enforce violations of 41
U.S.C. § 4712?
2. Did Congress intend to prohibit enforcement of
mandatory employment arbitration agreements in 41 U.S.C. § 4712, even if the statute does not expressly
refer to arbitration, when it (a) expressly provided for a federal trial in the remedy and enforcement section and
(b) expressly prohibited waiver of any rights and remedies
provided as a condition of employment?
Does mandatory compelled arbitration of claims under 41 U.S.C. § 4712 disrupt the administrative scheme set up by Congress to remedy and enforce violations of 41 U.S.C. § 4712?