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

Requirements for Arbitration Agreements in Washington

Washington State allows employers to require employees to sign arbitration agreements. However, there are certain requirements that must be met to ensure that the agreement is enforceable.

For union employees, the collective bargaining agreement may provide for binding arbitration ^[2.1]. For non-union employees, the agreement must be procedurally and substantively fair and not against public policy ^[1.1].

According to WAAC 391-65-010, if the parties agree to arbitrate, a request for appointment of an arbitrator to hear and determine issues arising out of the interpretation or application of a collective bargaining agreement may be filed by the employer, the exclusive representative, their agents, or by the parties jointly ^[3.2].

Conclusion

Employers in Washington State can require employees to sign arbitration agreements, but the agreements must meet certain requirements to be enforceable. For union employees, the collective bargaining agreement may provide for binding arbitration. For non-union employees, the agreement must be procedurally and substantively fair and not against public policy. If the parties agree to arbitrate, a request for appointment of an arbitrator to hear and determine issues arising out of the interpretation or application of a collective bargaining agreement may be filed by the employer, the exclusive representative, their agents, or by the parties jointly.

Source(s):

• [1.1] Collective bargaining agreements—Binding arbitration.
• [2.1] Department of corrections—Interest arbitration for certain employees.
• [3.2] Grievance arbitration request—Who may file.

Jurisdiction

Washington

• Labor