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

Requirements for Arbitration Agreements in Kansas

Yes, you can require employees to sign arbitration agreements in Kansas. According to KSST 72-2229, a board of education and a professional employees’ organization who enter into an agreement covering terms and conditions of professional service may include in such agreement procedures for final and binding arbitration of such disputes as may arise involving the interpretation, application or violation of such agreement. However, it is important to note that the arbitration agreement must be included in the employment contract and must be agreed upon by both parties.

The requirements for arbitration agreements in Kansas are not explicitly stated in the context documents provided. However, KSST 5-437 provides information on the arbitration process, including the authority of the arbitrator, the right of parties to be heard and present evidence, and the process for appointing a replacement arbitrator if necessary.

It is recommended that you consult with a legal professional to ensure that any arbitration agreements you require employees to sign comply with all applicable laws and regulations.

Initiation of Arbitration

To initiate an arbitration proceeding, a person must give notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought. Unless a person objects for lack or insufficiency of notice under K.S.A. 5-437 (c), and amendments thereto, not later than the beginning of the arbitration hearing, the person, by appearing at the hearing, waives any objection to lack of or insufficiency of notice [2.1].

Motion to Compel or Stay Arbitration

On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate, pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate, unless it finds that there is no enforceable agreement to arbitrate. If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section. If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim [2.4].

Nonwaivable Provisions

A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of K.S.A. 5-425, 5-429, 5-436, 5-440, 5-442 (d) or (e), 5-444, 5-445, 5-446, 5-447 (a) or (b), 5-451, 5-452 or 5-453, and amendments thereto [2.6].

It is important to note that this response is based solely on the context documents provided and is not a substitute for legal advice. It is recommended that you consult with a legal professional to ensure that any arbitration agreements you require employees to sign comply with all applicable laws and regulations.

Source(s):
Jurisdiction

Kansas