Broker Agreement Arbitration Provision Does Not Cover Employment Disputes

The plaintiff was a former employee of a yacht dealer who claimed unpaid commissions.?? Both the employer and the employee were members of the Northwest Yacht Brokers? Association (?NYBA?). ?The membership application of the NYBA? ?contained? ?a? ?provision?? that? ?members would abide by the bylaws, which contained an arbitration provision for disputes between members.?? ?The superior court denied the employer?s motion for arbitration and the court of appeals affirmed.? ?The court ruled that an arbitration agreement is enforceable if an employment agreement incorporates it by reference, but there was no such incorporation here.?? ?The? court? distinguished? this? case? from those that have arisen in the securities industry on the grounds that membership in the NYBA was? not? a? condition? of? employment? in? the industry and the NYBA does not regulate employment relationships.? ?Todd v.? ?Venwest Yachts, Inc., No. 54215-O-I (05/02/05); Agid, Ellington, Baker).