Effective April 1, 2002
AMERICAN DISPUTE
RESOLUTION CENTER, INC.
1. RULES
The Rules set forth herein shall be binding upon the parties whenever, in a collective bargaining agreement or submission, they have provided or mutually agreed in writing for arbitration to be administered by the American Dispute Resolution Center, Inc. (hereinafter “ADRC”). The parties may, by agreement, agree to modify these Rules or to utilize alternative rules, administered by ADRC.
2. INITIATION
Upon the parties initiating arbitration pursuant to these Rules, ADRC shall assign a Case Manager to administer the arbitration proceedings. The request for arbitration (demand) may be filed with ADRC by either party, in triplicate, with a copy of the collective bargaining agreement, including the arbitration provisions. Once the hearings have commenced, any requests for modifications, amendments, additions or deletions shall be granted only upon the arbitrator’s consideration of a written motion in which the basis for the modification is fully set forth and after the other party has had an opportunity to respond.
3. ANSWER
The respondent may, in its discretion, choose to file an answering statement within ten (10) days after notice from ADRC, with a copy to the opposing party. If no answer is filed by the stated time, such shall be treated as a denial of the claim.
4. LOCALE
The site of the hearing shall be as required by the collective bargaining agreement or submission, or as the parties may agree. Should no contract requirement exist and should the parties be unable to agree, the Case Manager shall have the authority to set the hearing site, such decision to be final and binding. Alternatively, the parties may agree to waive oral hearing and make a written submission to the arbitrator.
5. ARBITRATOR APPOINTMENT
If the parties have not appointed an arbitrator and have not provided another method of appointment, the Case Manager, immediately after the filing of the demand or submission, shall provide the parties with an identical list of arbitrators from ADRC’s panel of labor arbitrators, and any arbitrator who is not acceptable to a party shall be stricken. The parties shall return such listing to the Case Manager within ten (10) calendar days. The Case Manager shall thereafter select the arbitrator from the remaining acceptable names.
Should the parties be unable to agree upon an arbitrator, the Case Manager shall appoint an arbitrator. Alternatively, the parties may agree to submit the matter to an arbitrator of the parties own choosing. Once selected, the arbitrator shall serve unless a conflict of interest exists. Should an arbitrator resign during the pendency of a hearing, the Case Manager shall appoint a substitute arbitrator. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable.
6. DIRECT APPOINTMENT BY PARTIES
If the parties’ agreement identifies a particular arbitrator or a method of appointing an arbitrator, such will be honored. If the parties’ agreement specifies a period of time by which an arbitrator shall be appointed by a party, and any party fails to comply with such time period, ADRC shall be authorized to appoint an arbitrator. If no time is specified in the parties’ agreement, ADR Center shall notify the appropriate party to appoint an arbitrator within ten (10) calendar days. If no arbitrator is appointed within that time, ADRC shall be authorized to appoint an arbitrator.
Once an arbitrator is selected, the arbitrator shall have the authority to conduct the hearing and render the award. At no time shall either party or representative thereof contact an arbitrator directly during the pendency of the case.
7. APPOINTMENT
OF NEUTRAL ARBITRATOR BY PARTY-APPOINTED ARBITRATORS
If the parties have appointed their arbitrators in accordance with Section 6 of these Rules, and have authorized the appointed arbitrators to select a neutral arbitrator within a specified time and no arbitrator is appointed within that time, ADRC shall be authorized to appoint the neutral arbitrator to serve as the chairman.
If no time is specified in the parties’ agreement to select the neutral arbitrator and the neutral arbitrator is not selected within ten (10) calendar days from the date of the appointment of the last party-appointed arbitrator, ADRC shall be authorized to appoint the neutral arbitrator to serve as the chairman.
If the parties have agreed that the party-appointed arbitrators shall appoint a neutral from ADRC’s panel of labor arbitrators, as set forth in Section 5 of these Rules, then such will apply.
8. NUMBER OF ARBITRATORS
If the arbitration agreement does not specify the number of arbitrators, the dispute shall be heard and determined by one arbitrator, unless the parties agree otherwise. If the arbitration agreement does specify the number of arbitrators, such shall be honored, unless the parties agree otherwise.
9. OATH AND DISCLOSURE
A notice of arbitration appointment shall be mailed to the arbitrator for signature and notarization and returned to ADRC prior to the commencement of the first hearing. The arbitrator must immediately disclose any circumstances that may affect his or her impartiality, and ADRC will advise the parties of any such disclosure. If any one party files an objection to the continued service of the neutral arbitrator, ADRC shall be authorized to determine whether the arbitrator will be disqualified and the parties will be informed of such decision, which shall be binding.
10. DATE, TIME AND PLACE OF HEARING
ADRC shall endeavor to administer and schedule hearings as swiftly as practicable, and the parties agree to exercise good faith in cooperating with and responding to requests from the Case Manager. Any parties’ failure to do so may result in the arbitrator ordering the schedule of hearings.
11. REPRESENTATION
The parties hereto may be represented by legal counsel or an authorized representative. Such person must be identified to the Case Manager not later than seven calendar days prior to the commencement of the initial hearing.
12. STENOGRAPHIC RECORD
Either party may request a stenographic record directly with the stenographer, at its expense and for its sole use, however, such shall not be the official record of the case and shall not be submitted to the arbitrator for his or her use unless the arbitrator determines that such record, or a portion thereof, shall be considered the official record, in which case that portion of the record so designated shall be made available to the other party. Alternatively, the parties may agree to a joint stenographic record and to split the cost thereof. In that event, the parties shall arrange for a copy of the record to be provided to the arbitrator as the official record of the proceeding. Nothing herein shall prevent a party who has arranged for a stenographic record at its sole or joint expense from introducing a portion of such record as may be relevant to its direct examination or cross-examination of a witness, or as an exhibit. In such cases, that portion of the record shall be made available to the other party and to the arbitrator.
13. REQUEST FOR POSTPONEMENTS
An arbitrator may grant the postponement of a hearing upon the request of a party for good cause shown or upon his or her own initiative, and shall grant a request for postponement when the parties agree thereto.
14. ARBITRATION
IN THE ABSENCE OF A PARTY OR REPRESENTATIVE
If either party or representative fails to appear or request a postponement after due notice of the hearing, the hearing will proceed ex-parte and the arbitrator shall have the authority to render an award.
15. EVIDENCE
The filing party shall present evidence to support its demand through the use of direct examination of witnesses. The opposing party shall have the right to cross examination of the filing party’s witnesses. The opposing party shall thereupon present evidence to support its position. The filing party shall have the right to cross examine the opposing party’s witnesses. Redirect and recross examination shall be permitted in the arbitrator’s discretion. All witnesses’ testimony shall be under oath. Opening statements, closing statements and post-hearing briefs may be requested by the parties, or as the arbitrator may require. Requests for a subpoena may be submitted to the arbitrator and/or may be sought in accordance with applicable state law. The arbitrator shall have broad discretion throughout the proceedings as to rulings on procedural matters, objections, admissibility, relevance, materiality, requests for sanctions and any other matters which may arise.
Evidence of witnesses by affidavit and objections to its admissibility may be received and considered by the arbitrator.
16. CLOSING OF HEARINGS
Once the hearings are completed and all briefs received, if applicable, the hearing shall be declared closed, and a decision shall be rendered within thirty (30) days, unless the parties mutually agree to an extension of that time.
17. REOPENING OF HEARINGS
Any party may move to reopen the hearings, or the arbitrator may reopen the hearings on his or her own initiative, at any time prior to the final award being rendered.
18. REQUEST FOR EXTENSIONS OF TIME
The parties, by mutual agreement, may modify any time period.
19. TIME AND FORM OF AWARD
The arbitration award shall be fully binding upon the parties, except that enforcement may be limited pursuant to applicable federal and state law. In the case of a three person arbitration panel, a majority decision shall be required. A written opinion shall be filed with the award, unless the parties agree otherwise.
20. AWARD UPON SETTLEMENT
If the parties’ dispute is settled during the course of the arbitration, upon request of the parties, the arbitrator may attach the terms of the settlement in an award.
21.
JUDICIAL PROCEEDINGS
Upon written request of a party, ADRC will furnish to such party, at its expense, any certification of documents in its possession that may be required in a judicial proceeding relating to the arbitration. Neither ADRC, its officers, directors, employees or any arbitrator is a necessary party in any judicial proceedings, nor shall any such person or entity be liable in any way whatsoever to any party, person or entity for any act or omission arising under or in connection with any arbitration conducted under these Rules.
22. INTERPRETATION/APPLICATION OF RULES
The arbitrator shall have the authority to interpret and apply these Rules. In the case of a three person arbitration panel, a majority decision shall be required. If a majority decision in unobtainable, ADRC will make the final determination.
FEE
SCHEDULE
ADMINISTRATIVE FEE
The administrative filing fee payable to ADRC is $175 per party, due and payable prior to the commencement of the first scheduled hearing.
ARBITRATOR COMPENSATION
The arbitrator compensation is borne equally by the parties, unless the parties mutually agree otherwise. The arbitrator’s fee is as noted on the biographical profile submitted to the parties.
HEARING ROOM RENTAL
Hearing rooms are available on a rental basis at rates of $100.00 per hearing day, on-site, or at such rates as may be established by third parties, off-site.
POSTPONEMENT FEES
A fee of $100 is payable by the party causing the postponement of any scheduled hearing.
F1 RULES
The Rules set forth herein shall be binding upon the parties whenever, in a collective bargaining agreement or submission, the parties mutually agree to submit to the Fast Track Labor Arbitration Procedures.
F2 PROCEEDINGS
The hearing will be conducted by the arbitrator in an expedited manner. Hearings will be completed within one day, but the arbitrator may schedule an additional day, for good cause shown. Upon the parties initiating the arbitration pursuant to the Fast Track Rules, ADRC shall assign a Case Manager to administer the arbitration proceedings.
F3 APPOINTMENT OF THE ARBITRATOR
ADRC will appoint a sole arbitrator from its Panel of Labor Arbitrators.
F4 OATH AND DISCLOSURE
A Notice of arbitration appointment shall be mailed to the arbitrator for signature and notarization and returned to ADRC prior to the commencement of the first hearing. The arbitrator must immediately disclose any circumstances that may affect impartiality. ADRC will advise the parties of the disclosure. If any one party files an objection to the continued service of the arbitrator, ADRC shall be authorized to determine whether the arbitrator will be disqualified, which decision shall be binding. If the office is vacated, the matter will be reheard by a new arbitrator.
F5 DATE, TIME, AND PLACE OF
HEARING
ADRC shall endeavor to administer and schedule hearings as swiftly as practicable, and the parties agree to exercise good faith in cooperating with and responding to requests from the Case Manager. Any parties’ failure to do so may result in the arbitrator ordering the schedule of hearings.
F6 NO STENOGRAPHIC RECORD
There shall be no stenographic record.
F7 NO POST HEARING BRIEFS
There shall be no post hearing briefs.
F8 TIME OF AWARD
The award will be rendered by the arbitrator within seven (7) calendar days from the close of the hearing, unless the parties agree otherwise.
F9 FORM OF AWARD
The signed award by the arbitrator shall be in writing and such decision in summary form.
The administrative filing fee payable to ADRC is $125 per party, due and payable prior to the commencement of the first scheduled hearing.
The arbitrator compensation is borne equally by the parties, unless the parties mutually agree to do otherwise. The arbitrator’s fee is as noted on the biographical profile submitted to the parties.
Hearing rooms are available on a rental basis at rates of $100.00 per hearing day, on-site, or at such rates as may be established by third parties, off-site.
A fee of $100 is payable by the party causing the postponement of any scheduled hearing.