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Can I require employees to sign arbitration agreements in Oregon? What are the requirements?
Yes, employers can require employees to sign arbitration agreements in Oregon, but the agreements must meet certain requirements to be enforceable. According to ORS 36.620, an arbitration agreement must be in writing and signed by both parties. The agreement must also clearly state that the employee is waiving their right to a trial in court and agreeing to resolve any disputes through arbitration. Additionally, the agreement must be entered into voluntarily and not as a result of coercion or duress. The employee must have a reasonable opportunity to review the agreement and consult with an attorney if they choose to do so. [1.2]
It is important to note that restrictions on affiliation with labor or employer organizations are unenforceable in Oregon. Any undertaking or promise in conflict with the public policy declared in ORS 662.020 is declared to be contrary to the public policy of Oregon and is not enforceable in any court of this state. [5.1]
If a party alleging that another party is refusing or failing to comply with an interest arbitration award may seek enforcement of the award by filing an unfair labor practice complaint with the Board charging a violation of 243.672(1)(f) or (2)(c). [1.2]
If you have any further questions or concerns, it is recommended that you consult with an attorney.
Source(s):
- [1.2] Interest Arbitration Enforcement
- [5.1] Restrictions in employment contracts on affiliation with labor or employer organization unenforceable.
Jurisdiction
Oregon