788.10(2)
(2) Where an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
788.10 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.10.
788.10 Annotation
A court may order arbitrators to hear further testimony without establishing a new panel. Gallagher v. Schernecker,
60 Wis. 2d 143,
208 N.W.2d 437 (1973).
788.10 Annotation
The interjection of a new contract time period in an amended final offer after the petition is filed presents a question beyond the statutory jurisdiction of the arbitrators. Milw. Deputy Sheriffs' Association v. Milwaukee County,
64 Wis. 2d 651,
221 N.W.2d 673 (1974).
788.10 Annotation
Arbitration awards are presumptively valid, and an award may not be attacked on the grounds that a portion of it could conceivably be allocable to an allegedly improper item. Scherrer Construction Co. v. Burlington Mem. Hosp.
64 Wis. 2d 720,
221 N.W.2d 855 (1974).
788.10 Annotation
Contacts between the arbitrator and one party outside the presence of the other do not in themselves justify vacating an award to the party involved if the challenger does not demonstrate either improper intent or influence by clear and convincing evidence. Manitowoc v. Manitowoc Police Department,
70 Wis. 2d 1006,
236 N.W.2d 231 (1975).
788.10 Annotation
An arbitrator exceeded his authority under sub. (1) (d) in determining that the discharge of a city employee for a violation of an ordinance residency requirement was not for just cause within the meaning of the collective bargaining agreement. WERC v. Teamsters Local No. 563,
75 Wis. 2d 602,
250 N.W.2d 696 (1977).
788.10 Annotation
An arbitrator did not exceed his powers by adopting a ministerial-substantive distinction in determining the scope of the unfettered management function provided by agreement. The arbitrator did exceed his powers by ordering maintenance of past practice without finding that the agreement required such action. Milwaukee Professional Fire Fighters Local 215 v. Milwaukee,
78 Wis. 2d 1,
253 N.W.2d 481 (1977).
788.10 Annotation
Arbitrators did not exceed their authority by arbitrating a grievance under a "discharge and nonrenewal" clause of a collective bargaining agreement when the contract offered by the board was signed by a teacher after deleting the title "probationary contract" and the board did not accept this counteroffer or offer the teacher a 2nd contract. Joint School District No. 10 v. Jefferson Education Association,
78 Wis. 2d 94,
253 N.W.2d 536 (1977).
788.10 Annotation
Although the report of an arbitrator did not explicitly mention a counterclaim,the trial court did not err in determining that the denial of the counterclaim was implicit in the report. The failure of the arbitrator to set forth theories or support finding is not grounds for objection to the arbitrator's award. McKenzie v. Warmka,
81 Wis. 2d 591,
260 N.W.2d 752 (1978).
788.10 Annotation
The disclosure requirements for neutral arbitrators regarding the vacation of an award under sub. (1) (b) are discussed. Richco Structures v. Parkside Village, Inc.
82 Wis. 2d 547,
263 N.W.2d 204 (1978).
788.10 Annotation
Courts should apply one standard of review of arbitration awards under municipal collective bargaining agreements. Madison Metropolitan School District v. WERC,
86 Wis. 2d 249,
272 N.W.2d 314 (Ct. App. 1978).
788.10 Annotation
The time limit under s. 788.13 does not apply when the prevailing party moves to confirm under s. 788.09 and an adverse party wishes to raise objections under ss. 788.10 and 788.11. Milwaukee Police Association v. Milwaukee,
92 Wis. 2d 145,
285 N.W.2d 119 (1979).
788.10 Annotation
An arbitrator appointed under a specific contract had no power to make awards under successor contracts not in existence at the time the grievance was submitted. Milwaukee Board of School Directors v. Milwaukee Teachers' Education Association,
93 Wis. 2d 415,
287 N.W.2d 131 (1980).
788.10 Annotation
An arbitrator exceeded his authority by directing that the grievant be transferred when the contract reserved transfer authority to the city and chief of police. Milwaukee v. Milwaukee Police Association
97 Wis. 2d 15,
292 N.W.2d 841 (1980).
788.10 Annotation
Although a contract gave management the right to determine job description classifications, the arbitrator did not exceed his authority by overruling management's determination that an employee with 8 years of job experience was not qualified for promotion to a job requiring 2 years of college "or its equivalent as determined by management." Oshkosh v. Union Local 796-A,
99 Wis. 2d 95,
299 N.W.2d 210 (1980).
788.10 Annotation
The burden of proving "evident partiality" of an arbitrator was not met when the apparently biased remarks of the arbitrator represented merely an initial impression, not a final conclusion. Diversified Management Services v. Slotten,
119 Wis. 2d 441,
351 N.W.2d 176 (Ct. App. 1984).
788.10 Annotation
An award was vacated for "evident partiality" because the arbitrator failed to disclose past employment with the entity supplying a party's counsel. Spooner Dist. v. N. W. Educators,
136 Wis. 2d 263,
401 N.W.2d 578 (1987).
788.10 Annotation
A party cannot complain to the courts that an arbitrator acted outside the scope of his authority if an objection was not raised before the arbitrator. DePue v. Mastermold, Inc.
161 Wis. 2d 697,
468 N.W.2d 750 (Ct. App. 1991).
788.10 Annotation
A party disputing the existence of an agreement to arbitrate may choose not to participate in arbitration and may challenge the existence of the agreement by motion to vacate the award under sub. (10) (d). Scholl v. Lundberg,
178 Wis. 2d 259,
504 N.W.2d 115 (Ct. App. 1993).
788.10 Annotation
If arbitrators had a reasonable basis for not following case law, the arbitrators' decision will not be interfered with by the court. Lukowski v. Dankert,
184 Wis. 2d 142,
515 N.W.2d 883 (1994).
788.10 Annotation
"Evident partiality" under sub. (1) (b) exists only when a reasonable person knowing previously undisclosed information would have such doubts about the arbitrator's impartiality that the person would have taken action on the information. DeBaker v. Shah,
194 Wis. 2d 104,
533 N.W.2d 464 (1995).
788.10 Annotation
This section does not prevent the vacation of an arbitration award on the basis of a manifest disregard of the law. Employers Insurance of Wausau v. Lloyd's London,
202 Wis. 2d 673,
552 N.W.2d 420 (Ct. App. 1996).
788.10 Annotation
An arbitrator's award that relied on oral testimony with no formal record, rather than the wording of the prevailing party's proposal, was not final and definite as required by sub. (1) (d). LaCrosse Professional Police Association v. City of LaCrosse,
212 Wis. 2d 90,
568 N.W.2d 20 (Ct. App. 1997).
788.10 Annotation
That an arbitrator made a mistake by erroneously rejecting a valid legal defense does not provide grounds for vacating an award unless the arbitrator deliberately disregarded the law. Flexible Manufacturing Systems v. Super Products Corp.
86 F.3d 96 (1996).
788.11
788.11
Modification of award. 788.11(1)
(1) In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the arbitration:
788.11(1)(a)
(a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award;
788.11(1)(b)
(b) Where the arbitrators have awarded upon a matter not submitted to them unless it is a matter not affecting the merits of the decision upon the matters submitted;
788.11(1)(c)
(c) Where the award is imperfect in matter of form not affecting the merits of the controversy.
788.11(2)
(2) The order must modify and correct the award, so as to effect the intent thereof and promote justice between the parties.
788.11 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.11.
788.11 Annotation
The intent of the parties controls a determination under sub. (1) (b) whether a matter was submitted to the arbitrator. Milwaukee Professional Fire Fighters Local 215 v. Milwaukee,
78 Wis. 2d 1,
253 N.W.2d 481 (1977).
788.11 Annotation
A court had no jurisdiction to vacate or modify an award if grounds under s. 788.10 or 788.11 did not exist. Milwaukee Police Association v. Milwaukee,
92 Wis. 2d 175,
285 N.W.2d 133 (1979).
788.12
788.12
Judgment. Upon the granting of an order confirming, modifying or correcting an award, judgment may be entered in conformity therewith in the court wherein the order was granted.
788.12 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.12.
788.12 Annotation
There is no statutory authority for awarding costs to a party in an arbitration proceeding. Finkenbinder v. State Farm Mutual Insurance Co.
215 Wis. 2d 145,
572 N.W.2d 501 (Ct. App. 1997).
788.13
788.13
Notice of motion to change award. Notice of a motion to vacate, modify or correct an award must be served upon the adverse party or attorney within 3 months after the award is filed or delivered, as prescribed by law for service of notice of a motion in an action. For the purposes of the motion any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.
788.13 History
History: 1979 c. 32 s.
64;
1979 c. 176; Stats. 1979 s. 788.13.
788.13 Annotation
The time limit under s. 788.13 does not apply when the prevailing party moves to confirm under s. 788.09 and an adverse party wishes to raise objections under ss. 788.10 and 788.11. Milwaukee Police Association v. Milwaukee,
92 Wis. 2d 145,
285 N.W.2d 119 (1979).
788.13 Annotation
Under federal labor law, this section governs challenges to arbitration decisions. Teamsters Local No. 579 v. B&M Transit, Inc.
882 F. 2d 274 (1989).
788.14
788.14
Papers filed with motion regarding award; entry of judgment, effect of judgment. 788.14(1)
(1) Any party to a proceeding for an order confirming, modifying or correcting an award shall, at the time the order is filed with the clerk of circuit court for the entry of judgment thereon, also file the following papers with the clerk of circuit court:
788.14(1)(a)
(a) The agreement, the selection or appointment, if any, of an additional arbitrator or umpire, and each written extension of the time, if any, within which to make the award;
788.14(1)(c)
(c) Each notice, affidavit or other paper used upon an application to confirm, modify or correct the award, and a copy of each order of the court upon such an application.
788.14(2)
(2) The judgment shall be entered in the judgment and lien docket as if it was rendered in an action.
788.14(3)
(3) The judgment so entered shall have the same force and effect, in all respects, as, and be subject to all the provisions of law relating to, a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered.
788.14 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.14;
1995 a. 224.
788.15
788.15
Appeal from order or judgment. An appeal may be taken from an order confirming, modifying, correcting or vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action.
788.15 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.15.
788.15 Annotation
An order or judgment of the court directing the parties to submit a dispute to arbitration is not appealable. Teamsters Union Local 695 v. Waukesha County,
57 Wis. 2d 62,
203 N.W.2d 707 (1973).
788.15 Annotation
An order to proceed with arbitration is not appealable. Worthington v. Farmers Insurance Exchange,
64 Wis. 2d 108,
218 N.W.2d 373 (1978).
788.17
788.17
Title of act. This chapter may be referred to as "The Wisconsin Arbitration Act".
788.17 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.17.
788.18
788.18
Not retroactive. The provisions of this chapter shall not apply to contracts made prior to June 19, 1931.
788.18 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.18.