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Can I require employees to sign arbitration agreements in Alaska? What are the requirements?

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Can I require employees to sign arbitration agreements in Alaska? What are the requirements?

Yes, you can require employees to sign arbitration agreements in Alaska. According to [1.1], a written agreement to submit an existing controversy to arbitration or a provision in a written contract to submit to arbitration a subsequent controversy between the parties is valid, enforceable, and irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract. However, AS 09.43.010 — 09.43.180 do not apply to a labor-management contract unless they are incorporated into the contract by reference or their application is provided for by statute.

There are no specific requirements mentioned in the context documents for arbitration agreements in Alaska. However, it is recommended that you consult with a legal professional to ensure that your arbitration agreement complies with all applicable laws and regulations.

[1.1] also mentions that AS 09.43.010 — 09.43.180 do not apply to an agreement or a contract unless the agreement or contract is entered into before January 1, 2005, and is not otherwise subject to AS 09.43.300 — 09.43.595. A person may not waive the effective date of this subsection, and a waiver of the effective date of this subsection is void.

It is important to note that there are certain classes of public employees in Alaska that have specific rules regarding arbitration. For example, police and fire protection employees, jail, prison, and other correctional institution employees, and hospital employees may not engage in strikes and must submit to arbitration in the event of an impasse or deadlock in collective bargaining negotiations [2.1].

In addition, if you are entering into a construction contract with the Department of Transportation and Public Facilities and request or agree to arbitration of a claim involving that contract, you will be considered to have agreed to arbitration of construction claims as provided in AS 36.30 (State Procurement Code) and 2 AAC 12.950 - 2 AAC 12.989 [5.1].

Overall, while there are no specific requirements for arbitration agreements in Alaska, it is recommended that you consult with a legal professional to ensure that your agreement complies with all applicable laws and regulations, and to be aware of any specific rules that may apply to your industry or type of employees.

I hope this helps!

Source(s):
Jurisdiction

Alaska