BE A SUBSTITUTE
FOR THE USE OF SUCH PROCEDURES.
EXCEPT AS IT OTHERWISE PROVIDES, THIS AGREEMENT
IS INTENDED TO APPLY TO THE RESOLUTION OF DISPUTES THAT OTHERWISE WOULD BE
RESOLVED IN A COURT OF LAW, AND THEREFORE THIS AGREEMENT REQUIRES ALL SUCH
DISPUTES TO BE RESOLVED ONLY BY AN ARBITRATOR THROUGH FINAL AND BINDING
ARBITRATION AND NOT BY WAY OF COURT OR JURY TRIAL.
SUCH DISPUTES INCLUDE
WITHOUT LIMITATION DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR
APPLICATION OF THIS AGREEMENT, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR
VALIDITY OF THE AGREEMENT OR ANY PORTION OF THE AGREEMENT.
THE AGREEMENT ALSO
APPLIES, WITHOUT LIMITATION, TO DISPUTES REGARDING THE EMPLOYMENT RELATIONSHIP,
TRADE SECRETS, UNFAIR COMPETITION, COMPENSATION, BREAKS AND REST PERIODS,
TERMINATION, OR HARASSMENT AND CLAIMS ARISING UNDER THE UNIFORM TRADE SECRETS
ACT, CIVIL RIGHTS ACT OF 1964, AMERICANS WITH DISABILITIES ACT, AGE
DISCRIMINATION IN EMPLOYMENT ACT, FAMILY MEDICAL LEAVE ACT, FAIR LABOR STANDARDS
ACT, EMPLOYEE RETIREMENT INCOME SECURITY ACT, AND STATE STATUTES, IF ANY,
ADDRESSING THE SAME OR SIMILAR SUBJECT MATTERS, AND ALL OTHER STATE STATUTORY
AND COMMON LAW CLAIMS (EXCLUDING WORKERS COMPENSATION, STATE DISABILITY
INSURANCE AND UNEMPLOYMENT INSURANCE CLAIMS).
CLAIMS MAY BE BROUGHT BEFORE AN
ADMINISTRATIVE AGENCY BUT ONLY TO THE EXTENT APPLICABLE LAW PERMITS ACCESS TO
SUCH AN AGENCY NOTWITHSTANDING THE EXISTENCE OF AN AGREEMENT TO ARBITRATE.
SUCH
ADMINISTRATIVE CLAIMS INCLUDE WITHOUT LIMITATION CLAIMS OR CHARGES BROUGHT
BEFORE THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (), THE U.S.
DEPARTMENT OF LABOR (), THE NATIONAL LABOR RELATIONS BOARD
(), THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
().
NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO PRECLUDE
OR EXCUSE A PARTY FROM BRINGING AN ADMINISTRATIVE CLAIM BEFORE ANY AGENCY IN
ORDER TO FULFILL THE PARTY'S OBLIGATION TO EXHAUST ADMINISTRATIVE REMEDIES
BEFORE MAKING A CLAIM IN ARBITRATION.
DISPUTES THAT MAY NOT BE SUBJECT TO
PRE-DISPUTE ARBITRATION AGREEMENT AS PROVIDED BY THE DODD-FRANK WALL STREET
REFORM AND CONSUMER PROTECTION ACT (PUBLIC LAW 111-203) ARE EXCLUDED FROM THE
COVERAGE OF THIS AGREEMENT.
(B)
THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF
COMPANY AND EMPLOYEE.
UNLESS EMPLOYEE AND COMPANY MUTUALLY AGREE OTHERWISE, THE
ARBITRATOR SHALL BE AN ATTORNEY LICENSED TO PRACTICE IN THE LOCATION WHERE THE
ARBITRATION PROCEEDING SHALL BE CONDUCTED OR A RETIRED FEDERAL OR STATE JUDICIAL
OFFICER WHO PRESIDED IN THE JURISDICTION WHERE THE ARBITRATION SHALL BE
CONDUCTED.
IF FOR ANY REASON THE PARTIES CANNOT AGREE TO AN ARBITRATOR, EITHER
PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION WITH AUTHORITY OVER THE
LOCATION WHERE THE ARBITRATION SHALL BE CONDUCTED FOR APPOINTMENT OF A NEUTRAL
ARBITRATOR.
THE COURT SHALL THEN APPOINT AN ARBITRATOR, WHO SHALL ACT UNDER
THIS AGREEMENT WITH THE SAME FORCE AND EFFECT AS IF THE PARTIES HAD SELECTED THE
ARBITRATOR BY MUTUAL AGREEMENT.
THE LOCATION OF THE ARBITRATION PROCEEDING
SHALL BE NO MORE THAN 45 MILES FROM THE PLACE WHERE EMPLOYEE LAST WORKED FOR
COMPANY, UNLESS EACH PARTY TO THE ARBITRATION AGREES IN WRITING OTHERWISE.
(C)
A DEMAND FOR ARBITRATION MUST BE IN WRITING AND DELIVERED BY
HAND OR FIRST CLASS MAIL