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

Arbitration Agreements in Wisconsin

Yes, employers can require employees to sign arbitration agreements in Wisconsin. According to WIST 788.01, a provision in any written contract to settle by arbitration a controversy arising out of the contract or out of the refusal to perform the whole or any part of the contract shall be valid, irrevocable, and enforceable except upon such grounds as exist at law or in equity for the revocation of any contract. However, this chapter shall not apply to contracts between employers and employees, or between employers and associations of employees, except as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 292.63 (6s) or 230.44 (4) (bm) [1.1].

Requirements for Arbitration Agreements

There are no specific requirements for arbitration agreements in Wisconsin. However, the agreement must be in writing and signed by both parties. The agreement should also clearly state the issues that will be subject to arbitration [1.1].

Filing for Arbitration

If a dispute arises between an employer and an employee, either party may file a petition to initiate arbitration. The petition must be in writing on a form provided by the commission or a facsimile of the commission’s form. The petition is not filed until it and the filing fee established by s. ERC 10.08 (5) have been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). If the parties have previously paid a mediation filing fee for the same dispute under s. ERC 10.08 (3), no fee shall be paid for the arbitration. The petition shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the petition is filed in paper form, a total of 2 copies of the petition and of all required enclosures shall be included. The fee may be transmitted to the commission by physical delivery or mail. The party filing the petition shall, at the same time, serve a copy of the request on the other party as set forth in s. ERC 10.07 [1.1][3.2].

Collective Bargaining Agreements

Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement may agree in writing to have the commission serve as arbitrator. Parties to a labor dispute may agree in writing to have the commission act or name arbitrators in all or any part of such dispute, and thereupon the commission shall have the power so to act. The commission shall appoint as arbitrators only competent, impartial and disinterested persons. Proceedings in any such arbitration shall be as provided in ch. 788 [2.1][2.2].

Stay of Action to Permit Arbitration

If any suit or proceeding be brought upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration [1.2].

Standards for Arbitration

The arbitrator shall not make any award which would infringe upon the right of the employer to manage the employer’s business or which would interfere with the internal affairs of the union [2.3].

Conclusion

Employers can require employees to sign arbitration agreements in Wisconsin. The agreement must be in writing and signed by both parties. If a dispute arises, either party may file a petition to initiate arbitration. The petition must be in writing on a form provided by the commission or a facsimile of the commission’s form. Parties to a dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency serve as arbitrator or may designate any other competent, impartial and disinterested persons to so serve. If any suit or proceeding be brought upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. The arbitrator shall not make any award which would infringe upon the right of the employer to manage the employer’s business or which would interfere with the internal affairs of the union [1.1][2.1][1.2][2.2][2.3].

Source(s):
Jurisdiction

Wisconsin