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). The Questions Presented are:

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?