(1) For the
purposes of implementing final and binding arbitration under
grievance procedures required by RCW 41.80.030, the parties to a
collective bargaining agreement may agree on one or more
permanent umpires to serve as arbitrator, or may agree on any
impartial person to serve as arbitrator, or may agree to select
arbitrators from any source available to them, including federal
and private agencies, in addition to the staff and list of
arbitrators maintained by the commission. If the parties cannot
agree to the selection of an arbitrator, the commission shall
supply a list of names in accordance with the procedures
established by the commission.
(2) An arbitrator may require any person to attend as a
witness and to bring with him or her any book, record, document,
or other evidence. The fees for such attendance shall be paid by
the party requesting issuance of the subpoena and shall be the
same as the fees of witnesses in the superior court. Arbitrators
may administer oaths. Subpoenas shall issue and be signed by the
arbitrator and shall be served in the same manner as subpoenas to
testify before a court of record in this state. If any person so
summoned to testify refuses or neglects to obey such subpoena,
upon petition authorized by the arbitrator, the superior court
may compel the attendance of the person before the arbitrator or
punish the person for contempt in the same manner provided for
the attendance of witnesses or the punishment of them in the
courts of this state.
(3) The arbitrator shall appoint a time and place for the
hearing and notify the parties thereof, and may adjourn the
hearing from time to time as may be necessary, and, on
application of either party and for good cause, may postpone the
hearing to a time not extending beyond the date fixed by the
collective bargaining agreement for making the award. The
arbitration award shall be in writing and signed by the
arbitrator. The arbitrator shall, promptly upon its rendition,
serve a true copy of the award on each of the parties or their
attorneys of record.
(4) If a party to a collective bargaining agreement
negotiated under this chapter refuses to submit a grievance for
arbitration, the other party to the collective bargaining
agreement may invoke the jurisdiction of the superior court of
Thurston county or of any county in which the labor dispute
exists and such court shall have jurisdiction to issue an order
compelling arbitration. Disputes concerning compliance with
grievance procedures shall be reserved for determination by the
arbitrator. Arbitration shall be ordered if the grievance states
a claim that on its face is covered by the collective bargaining
agreement. Doubts as to the coverage of the arbitration clause
shall be resolved in favor of arbitration.
(5) If a party to a collective bargaining agreement
negotiated under this chapter refuses to comply with the award of
an arbitrator determining a grievance arising under the
collective bargaining agreement, the other party to the
collective bargaining agreement may invoke the jurisdiction of
the superior court of Thurston county or of any county in which
the labor dispute exists and such court shall have jurisdiction
to issue an order enforcing the arbitration award.
[2002 c 354 § 314.]