SlideShare une entreprise Scribd logo
1  sur  4
Télécharger pour lire hors ligne
Page 1 of 4
Revised 7/2013
PB RESOLVE AGREEMENT
(Including agreement to Mutual Binding Arbitration)
This Dispute Resolution Agreement (PB Resolve Agreement) is a contract and covers
important issues relating to your rights. It is your sole responsibility to read it and
understand it. You are free to seek assistance from independent advisors of your choice
outside the Company or to refrain from doing so if that is your choice.
El acuerdo de resolución es un contrato y cubre aspectos importantes de tus derechos.
Es tu absoluta responsabilidad leerlo y entenderlo. Tienes la libertad de buscar
asistencia de asesores independientes de tu elección fuera de la Empresa o de abstenerte
de buscar asistencia si esa es tu elección.
You recognize that differences may arise between Pitney Bowes Inc., which includes its
subsidiaries, affiliates, divisions, related business entities, successors and assigns
(collectively "Pitney Bowes" or "the Company"), and You during or following your
employment, and that those differences may or may not be related to your employment. You
and the Company understand and agree that by entering into this PB Resolve Agreement
("Agreement"), You and the Company agree to participate in Pitney Bowes' PB Resolve
Program, a four-step alternative dispute resolution process, to resolve disputes that may arise
between You and Pitney Bowes. You further recognize and agree that the final step of the PB
Resolve process will be final and binding arbitration.
Consideration: The promises by You and the Company to submit differences to the PB
Resolve Program, including arbitration, rather than litigate them before courts or other
bodies, and your continued employment by the Company, provide consideration for each
other.
PB Resolve Program: The PB Resolve Program is a four-step alternative dispute resolution
process. Details of the PB Resolve Program are set forth in the PB Resolve Program
Manual. By signing this Agreement You are specifically acknowledging that You have
reviewed or have had an opportunity to review the PB Resolve Program Manual and
agree to abide by its terms.
Claims Covered by the Agreement: The Company and You mutually consent to resolve
through the PB Resolve Program, including final and binding arbitration, all claims or
controversies ("claims"), past, present or future, whether or not arising out of your
employment (or its termination), that the Company may have against You or that You may
have against any of the following (1) the Company, (2) its officers, directors, employees or
agents in their capacity as such, (3) the Company's parent, subsidiary and affiliated entities,
and/or (4) all successors and assigns of any of them.
Only legal claims are arbitrable or subject to external mediation. Legal claims are claims
that, in the absence of this Agreement, would be able to be heard in court under applicable
state and federal law. The claims covered by this Agreement include, but are not limited to:
claims related to termination, resignation, layoffs, constructive discharge, misclassification
or unpaid wages (including Fair Labor Standards Act and state equivalent claims) or other
compensation due; claims relating to leaves of absence (including Family Medical Leave
Act or state equivalent claims); claims for breach of any contract or covenant (express or
implied); tort claims; claims for discrimination under any federal, state or other
governmental law, statute, regulation or ordinance (including, but not limited to, race, sex,
sexual orientation, religion, national origin, age, marital status, physical or mental disability
or handicap, or medical condition); claims of violation of public policy or retaliation; claims
arising out of or related to this Agreement, claims for benefits (except claims under
employee benefit or pension plans or claims covered by Employee Retirement Income
Security Act); and claims for violation of any federal, state, or other governmental law,
Page 2 of 4
Revised 7/2013
statute, regulation, or ordinance, except claims excluded in the section of this Agreement
entitled "Claims Not Covered By The Agreement."
Except as otherwise provided in this Agreement, both You and the Company agree that
neither shall initiate or prosecute any lawsuit, in any way arising out of or related to any
claim covered by this Agreement. You and the Company further agree that claims arising
under any law that permits resort to an administrative agency, including but not limited to
claims or charges brought before the National Labor Relations Board, the Equal
Employment Opportunity Commission, and the United States Department of Labor, may be
brought before that agency notwithstanding an agreement to arbitrate those claims. Nothing
herein shall be construed to excuse any requirement that an administrative claim or charge
be filed as a jurisdictional prerequisite or condition precedent to obtaining relief if such
filing would have been required prior to initiation of an action in a court of law.
Claims Not Covered by the Agreement: Claims for workers' compensation or
unemployment compensation benefits, claims for benefits under a company benefit plan
covered by ERISA or any other claims covered by ERISA, state disability insurance claims
and claims under the National Labor Relations Act are not covered by this Agreement. Also
not covered are claims by You or the Company for temporary restraining orders or
preliminary injunctions (“temporary equitable relief”) in cases in which such temporary
equitable relief would be otherwise authorized by law. Such resort to temporary equitable
relief shall be pending arbitration only, and in such cases the merits of the action will be
tried in front of, and will be decided by, the Arbitrator, who will have the same ability to
order legal or equitable remedies as could a court of general jurisdiction.
Time Limits for Commencing Arbitration: The Company and You agree that either party
must file a demand for arbitration no later than the expiration of the statute of limitations
(deadline for filing) that applicable law prescribes for the claim. Otherwise, the claim shall
be void and deemed waived. During Steps I through III of the PB Resolve Program, the
statute of limitations shall be tolled (temporarily suspended).
Arbitration Procedures: Except as provided in this Agreement, the Federal Arbitration Act,
9 U.S.C. Section 1 et seq. (“FAA”) shall govern the interpretation, enforcement and all
arbitration proceedings pursuant to this Agreement.
Unless You and the Company mutually agree otherwise, the Arbitrator shall be either a
retired judge, or an attorney who is experienced in employment law and licensed to practice
law in the state in which the arbitration is convened (the "Arbitrator"). The arbitration shall
take place in or near the city in which You are or were last employed by the Comp any. The
parties will choose an Arbitrator by mutual agreement and if the parties are unable to agree
to an Arbitrator, either party may petition a court of competent jurisdiction to appoint an
Arbitrator, who shall act under this Agreement with the same force and affect as if the
parties had selected the Arbitrator by mutual agreement.
Class, Collective, Mass or Representative Actions: However, there will be no right or
authority for any dispute to be brought, heard or arbitrated as a class, consolidated or
collective action, or in a representative or private attorney general capacity on behalf of a
class of persons or the general public.
Governing Law: Absent a choice of law provision contractually agreed upon by both
parties, the Arbitrator shall apply the substantive law (and the law of remedies, if applicable)
of the state in which the claim arose, or federal law, or both, as applicable to the claim(s)
asserted. The Arbitrator is without jurisdiction to apply any different substantive law or law
of remedies. The Arbitrator shall have exclusive authority to resolve any dispute relating to
the application or interpretation of this Agreement. The arbitration shall be final and binding
upon the parties, except as provided in this Agreement.
The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is
authorized to hold pre-hearing conferences by telephone or in person, as the Arbitrator
deems advisable. The Arbitrator shall have the authority to entertain a motion to dismiss
Page 3 of 4
Revised 7/2013
and/or a motion for summary judgment by any party and shall apply the standards governing
such motions under the Federal Rules of Civil Procedure.
Arbitration Process: Any party may be represented by an attorney during arbitration. Either
party, at its expense, may arrange for and pay the cost of a court reporter to provide a
stenographic record of proceedings. Should any party refuse or neglect to appear for, or
participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the
dispute based upon whatever evidence is presented. Either party, upon request at the close of
hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall
be set by the Arbitrator. The Arbitrator shall render an award and written opinion no later
than thirty (30) days from the date the arbitration hearing concludes or the post-hearing
briefs (if requested) are received, whichever is later. The opinion shall include the factual
and legal basis for the award.
Discovery at Arbitration: Each party shall have the right to take the deposition of two (2)
individuals and any expert witness designated by another party. Each party also shall have
the right to make requests for production of documents to any party and to subpoena
documents from third parties. Requests for additional discovery may be made to the
Arbitrator. The Arbitrator shall grant an order for such requested additional discovery that the
Arbitrator finds the party requires to adequately arbitrate a claim, taking into account the
parties’ mutual desire to have a fast, cost-effective dispute resolution mechanism. The
Arbitrator in making such orders shall be guided by the rules of discovery applicable in the
forum State’s courts.
Designation of Witnesses at Arbitration: At least thirty (30) days before the arbitration, the
parties must exchange lists of witnesses, including any experts, and provide copies of all
exhibits intended to be used at the arbitration.
Subpoenas for Arbitration: Each party shall have the right to subpoena witnesses and
documents for the arbitration as well as documents relevant to the case from third parties.
Arbitration Fees and Costs: The Company will be responsible for paying any filing fee and
the fees and costs of the Arbitrator. Each party shall pay for its own costs and attorneys' fees,
if any. However, the Company will reimburse You up to 80% of your attorneys' fees, up to a
maximum of $2,500.00, pursuant to the terms set forth in the PB Resolve Program Manual.
If any party prevails on a statutory claim that affords the prevailing party attorneys' fees and
costs, or if there is a written agreement providing for attorneys' fees and/or costs, the
Arbitrator may award reasonable attorneys' fees and/or costs to the prevailing party,
applying the same standards a court would apply under the law applicable to the claim(s).
Judicial Review: Either party may bring an action in any court of competent jurisdiction to
compel arbitration under this Agreement and to enforce or vacate an arbitration award in
accordance with applicable law.
Interstate Commerce: You understand and agree that the Company is engaged in
transactions involving interstate commerce.
Miscellaneous Provisions: This Agreement to resolve all disputes through the PB Resolve
process, including arbitration, if necessary, shall survive the termination of your
employment and the expiration of any benefit plan. It can be revoked or modified only in
writing signed by both the Company's Chief Human Resources Officer or his or her
designee and You, which specifically states the intent to revoke or modify this Agreement.
This is the complete agreement of the parties on the subject of arbitration of disputes. This
Agreement supersedes any prior or contemporaneous oral or written understandings on the
subject. No party is relying on any representations, oral or written, on the subject of the
effect, enforceability or meaning of this Agreement, except as specifically set forth in this
Agreement. If any provision of this Agreement is adjudged to be void or otherwise
unenforceable, in whole or in part, such adjudication shall not affect the validity of the
remainder of the Agreement. All other provisions shall remain in full force and effect.
Page 4 of 4
Revised 7/2013
Not an Employment Agreement: This Agreement is not, and shall not be construed to create
any contract of employment for a definite term, express or implied. Nor does this Agreement
in any way alter the "at-will" status of your employment.
Voluntary Agreement: I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS
AGREEMENT, THAT I UNDERSTAND ITS TERMS, THAT ALL UNDERSTANDINGS
AND AGREEMENTS BETWEEN THE COMPANY AND ME RELATING TO THE
SUBJECTS COVERED IN THE AGREEMENT ARE CONTAINED IN IT, AND THAT I
HAVE ENTERED INTO THE AGREEMENT VOLUNTARILY AND NOT IN
RELIANCE ON ANY PROMISES OR REPRESENTATIONS BY THE COMPANY
OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF. I
UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP MY
RIGHT TO A JURY TRIAL. I FURTHER ACKNOWLEDGE THAT I HAVE BEEN
GIVEN THE OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH MY PRIVATE
LEGAL COUNSEL AND HAVE AVAILED MYSELF OF THAT OPPORTUNITY TO
THE EXTENT I WISH TO DO SO.
Employee: Pitney Bowes Inc.
__________________________ ________________________________
Signature of Employee: Signature of Authorized Company:
Representative:
___________________________ ________________________________
Print Name of Employee Title of Representative:
Date: Date:
Gloria Williams
October 9, 2013 October 9, 2013

Contenu connexe

Tendances

Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Dr K M SONI
 
Arbitration & Conciliation Act 1996 (amdt) ordinance
Arbitration & Conciliation Act 1996 (amdt) ordinanceArbitration & Conciliation Act 1996 (amdt) ordinance
Arbitration & Conciliation Act 1996 (amdt) ordinanceMahesh Gupta
 
Arbitration and conciliation amnedment 2015
Arbitration and conciliation amnedment 2015Arbitration and conciliation amnedment 2015
Arbitration and conciliation amnedment 2015Amitabh Srivastava
 
Arbitration procedure
Arbitration procedureArbitration procedure
Arbitration procedurebearister2746
 
ARBITRATION & CONCILIATION ACT 2015 Capt. Pankaj Kapoor
ARBITRATION & CONCILIATION ACT 2015 Capt. Pankaj KapoorARBITRATION & CONCILIATION ACT 2015 Capt. Pankaj Kapoor
ARBITRATION & CONCILIATION ACT 2015 Capt. Pankaj Kapoorcmmindia2017
 
Conciliation Officer
Conciliation OfficerConciliation Officer
Conciliation Officerkinnari raval
 
Arbitration & its types
Arbitration & its typesArbitration & its types
Arbitration & its typesRahul Goyat
 
Arbitration processpt1
Arbitration processpt1Arbitration processpt1
Arbitration processpt1Jim Walker
 
Arbitration in India- an outlook by Rupendra Porwal, RallyMark Legal
Arbitration in India-  an outlook by Rupendra Porwal, RallyMark LegalArbitration in India-  an outlook by Rupendra Porwal, RallyMark Legal
Arbitration in India- an outlook by Rupendra Porwal, RallyMark LegalRupendra Porwal
 
Rahul gaur, adr
Rahul gaur, adrRahul gaur, adr
Rahul gaur, adrRahul Gaur
 
Updated Nondisclosure Act
Updated Nondisclosure ActUpdated Nondisclosure Act
Updated Nondisclosure ActEmilyHoefling
 
Uncommon Schools Nondisclosure Act
Uncommon Schools Nondisclosure ActUncommon Schools Nondisclosure Act
Uncommon Schools Nondisclosure ActEmilyHoefling
 
Arbitration act unit-7
Arbitration act unit-7Arbitration act unit-7
Arbitration act unit-7bibas03
 
AMENDMENT IN ARBITRATION LAW IN INDIA 2016
AMENDMENT IN ARBITRATION LAW IN INDIA 2016AMENDMENT IN ARBITRATION LAW IN INDIA 2016
AMENDMENT IN ARBITRATION LAW IN INDIA 2016Avinash Kumar Gupta
 
Remedies available under Administrative Law
 Remedies available under Administrative Law Remedies available under Administrative Law
Remedies available under Administrative LawNoorul Adibah Rosli
 

Tendances (18)

Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...
 
Availabilty of jr ppt 1
Availabilty of jr ppt 1Availabilty of jr ppt 1
Availabilty of jr ppt 1
 
Arbitration & Conciliation Act 1996 (amdt) ordinance
Arbitration & Conciliation Act 1996 (amdt) ordinanceArbitration & Conciliation Act 1996 (amdt) ordinance
Arbitration & Conciliation Act 1996 (amdt) ordinance
 
Arbitration and conciliation amnedment 2015
Arbitration and conciliation amnedment 2015Arbitration and conciliation amnedment 2015
Arbitration and conciliation amnedment 2015
 
Arbitration procedure
Arbitration procedureArbitration procedure
Arbitration procedure
 
ARBITRATION & CONCILIATION ACT 2015 Capt. Pankaj Kapoor
ARBITRATION & CONCILIATION ACT 2015 Capt. Pankaj KapoorARBITRATION & CONCILIATION ACT 2015 Capt. Pankaj Kapoor
ARBITRATION & CONCILIATION ACT 2015 Capt. Pankaj Kapoor
 
Conciliation Officer
Conciliation OfficerConciliation Officer
Conciliation Officer
 
Fpr pd3 a
Fpr pd3 aFpr pd3 a
Fpr pd3 a
 
Arbitration & its types
Arbitration & its typesArbitration & its types
Arbitration & its types
 
Arbitration processpt1
Arbitration processpt1Arbitration processpt1
Arbitration processpt1
 
Arbitration in India- an outlook by Rupendra Porwal, RallyMark Legal
Arbitration in India-  an outlook by Rupendra Porwal, RallyMark LegalArbitration in India-  an outlook by Rupendra Porwal, RallyMark Legal
Arbitration in India- an outlook by Rupendra Porwal, RallyMark Legal
 
Rahul gaur, adr
Rahul gaur, adrRahul gaur, adr
Rahul gaur, adr
 
Updated Nondisclosure Act
Updated Nondisclosure ActUpdated Nondisclosure Act
Updated Nondisclosure Act
 
Uncommon Schools Nondisclosure Act
Uncommon Schools Nondisclosure ActUncommon Schools Nondisclosure Act
Uncommon Schools Nondisclosure Act
 
Arbitration act unit-7
Arbitration act unit-7Arbitration act unit-7
Arbitration act unit-7
 
AMENDMENT IN ARBITRATION LAW IN INDIA 2016
AMENDMENT IN ARBITRATION LAW IN INDIA 2016AMENDMENT IN ARBITRATION LAW IN INDIA 2016
AMENDMENT IN ARBITRATION LAW IN INDIA 2016
 
Remedies available under Administrative Law
 Remedies available under Administrative Law Remedies available under Administrative Law
Remedies available under Administrative Law
 
ADR
ADRADR
ADR
 

En vedette

Haчалото на една красива приказка за агънце666666
Haчалото на една красива приказка за агънце666666Haчалото на една красива приказка за агънце666666
Haчалото на една красива приказка за агънце666666Grisha Avramov
 
Harvard HKUST 2015 - Final Presentation
Harvard HKUST 2015 - Final PresentationHarvard HKUST 2015 - Final Presentation
Harvard HKUST 2015 - Final PresentationBillie Wei
 
Informe legal 0296-2012-servir-oaj
Informe legal 0296-2012-servir-oajInforme legal 0296-2012-servir-oaj
Informe legal 0296-2012-servir-oajdanielrogelio
 
Cara membuat Hyperlink pada powerpoint
Cara membuat Hyperlink pada powerpointCara membuat Hyperlink pada powerpoint
Cara membuat Hyperlink pada powerpointAkhmad Kusasi
 
Tourist places of El Salvador
Tourist places of El SalvadorTourist places of El Salvador
Tourist places of El SalvadorC.E INSA
 
Arus dan tegangan bolak balik (ac)
Arus dan tegangan bolak balik (ac)Arus dan tegangan bolak balik (ac)
Arus dan tegangan bolak balik (ac)Akhmad Kusasi
 
Textos y preguntas de comprensión de lectura
Textos y preguntas de comprensión de lecturaTextos y preguntas de comprensión de lectura
Textos y preguntas de comprensión de lecturaValkiria Alves
 
Communication (tips to improve your skills in business)
Communication (tips to improve your skills in business)Communication (tips to improve your skills in business)
Communication (tips to improve your skills in business)Sergio Ivasyshyn
 
Amado o cuesta jr presentation2
Amado o cuesta jr   presentation2Amado o cuesta jr   presentation2
Amado o cuesta jr presentation2jhune03
 
Analysis hills like white elephants
Analysis hills like white elephantsAnalysis hills like white elephants
Analysis hills like white elephantsvikom
 
The information architecture of trust - Building the Human Trust Experience
The information architecture of trust - Building the Human Trust ExperienceThe information architecture of trust - Building the Human Trust Experience
The information architecture of trust - Building the Human Trust ExperienceAnn Racuya-Robbins
 
Case Study SlideShare
Case Study SlideShareCase Study SlideShare
Case Study SlideShareJPorto15
 
Cuáles son los tipos de familia que
Cuáles son los tipos de familia queCuáles son los tipos de familia que
Cuáles son los tipos de familia queValkiria Alves
 

En vedette (16)

Haчалото на една красива приказка за агънце666666
Haчалото на една красива приказка за агънце666666Haчалото на една красива приказка за агънце666666
Haчалото на една красива приказка за агънце666666
 
Harvard HKUST 2015 - Final Presentation
Harvard HKUST 2015 - Final PresentationHarvard HKUST 2015 - Final Presentation
Harvard HKUST 2015 - Final Presentation
 
Informe legal 0296-2012-servir-oaj
Informe legal 0296-2012-servir-oajInforme legal 0296-2012-servir-oaj
Informe legal 0296-2012-servir-oaj
 
Cara membuat Hyperlink pada powerpoint
Cara membuat Hyperlink pada powerpointCara membuat Hyperlink pada powerpoint
Cara membuat Hyperlink pada powerpoint
 
ME
MEME
ME
 
Tourist places of El Salvador
Tourist places of El SalvadorTourist places of El Salvador
Tourist places of El Salvador
 
Arus dan tegangan bolak balik (ac)
Arus dan tegangan bolak balik (ac)Arus dan tegangan bolak balik (ac)
Arus dan tegangan bolak balik (ac)
 
Textos y preguntas de comprensión de lectura
Textos y preguntas de comprensión de lecturaTextos y preguntas de comprensión de lectura
Textos y preguntas de comprensión de lectura
 
Communication (tips to improve your skills in business)
Communication (tips to improve your skills in business)Communication (tips to improve your skills in business)
Communication (tips to improve your skills in business)
 
Amado o cuesta jr presentation2
Amado o cuesta jr   presentation2Amado o cuesta jr   presentation2
Amado o cuesta jr presentation2
 
Analysis hills like white elephants
Analysis hills like white elephantsAnalysis hills like white elephants
Analysis hills like white elephants
 
The information architecture of trust - Building the Human Trust Experience
The information architecture of trust - Building the Human Trust ExperienceThe information architecture of trust - Building the Human Trust Experience
The information architecture of trust - Building the Human Trust Experience
 
Case Study SlideShare
Case Study SlideShareCase Study SlideShare
Case Study SlideShare
 
Cuáles son los tipos de familia que
Cuáles son los tipos de familia queCuáles son los tipos de familia que
Cuáles son los tipos de familia que
 
Vhdl
VhdlVhdl
Vhdl
 
Ilmu kesehatan masyarakat
Ilmu kesehatan masyarakatIlmu kesehatan masyarakat
Ilmu kesehatan masyarakat
 

Similaire à Mom

Review of Boilerplate Contract Provisions: Say What You Mean and Mean What Yo...
Review of Boilerplate Contract Provisions: Say What You Mean and Mean What Yo...Review of Boilerplate Contract Provisions: Say What You Mean and Mean What Yo...
Review of Boilerplate Contract Provisions: Say What You Mean and Mean What Yo...BoyarMiller
 
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...BoyarMiller
 
Ouster clauses and jurisdiction of civil courts
Ouster clauses and jurisdiction of civil courtsOuster clauses and jurisdiction of civil courts
Ouster clauses and jurisdiction of civil courtsAnuja Aiyappan
 
Definition and classification of law
Definition and classification of lawDefinition and classification of law
Definition and classification of lawMoazzam Habib
 
HR commitee.pptx notes law ballb law & technology
HR commitee.pptx notes law ballb law &  technologyHR commitee.pptx notes law ballb law &  technology
HR commitee.pptx notes law ballb law & technologyshubhamdevrani4
 
Adv Bhavna Panjabi,BALLB,MSU,Vadodara,Gujarat
Adv Bhavna Panjabi,BALLB,MSU,Vadodara,GujaratAdv Bhavna Panjabi,BALLB,MSU,Vadodara,Gujarat
Adv Bhavna Panjabi,BALLB,MSU,Vadodara,GujaratAdvkatheriyaBhavna
 
1. Luzon Dev. Bank vs Assoc of LDBE.docx
1. Luzon Dev. Bank vs Assoc of LDBE.docx1. Luzon Dev. Bank vs Assoc of LDBE.docx
1. Luzon Dev. Bank vs Assoc of LDBE.docxFsesMandaluyong
 
indian contract act
 indian contract act indian contract act
indian contract acttwinkle1319
 
· IntroductionArbitration refers to dispute resolution is .docx
· IntroductionArbitration refers to dispute resolution is .docx· IntroductionArbitration refers to dispute resolution is .docx
· IntroductionArbitration refers to dispute resolution is .docxoswald1horne84988
 
The postings should reflect individual comprehension and inquire.docx
The postings should reflect individual comprehension and inquire.docxThe postings should reflect individual comprehension and inquire.docx
The postings should reflect individual comprehension and inquire.docxgabrielaj9
 
Risky Business: Contract provisions that may seem harmless but can wreak havoc
Risky Business: Contract provisions that may seem harmless but can wreak havocRisky Business: Contract provisions that may seem harmless but can wreak havoc
Risky Business: Contract provisions that may seem harmless but can wreak havocAllen Matkins
 
BoyarMiller – The Before, During, and After of Non-Compete Agreements
BoyarMiller – The Before, During, and After of  Non-Compete AgreementsBoyarMiller – The Before, During, and After of  Non-Compete Agreements
BoyarMiller – The Before, During, and After of Non-Compete AgreementsBoyarMiller
 
Arbitration Of Construction Disputes
Arbitration Of Construction DisputesArbitration Of Construction Disputes
Arbitration Of Construction Disputeslouchang
 
Motion to enforce settlement agreement in California article
Motion to enforce settlement agreement in California articleMotion to enforce settlement agreement in California article
Motion to enforce settlement agreement in California articleLegalDocsPro
 
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docx
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docxTO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docx
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docxturveycharlyn
 
Law Terms - Glossary of Legal Terms and Meanings
Law Terms - Glossary of Legal Terms and MeaningsLaw Terms - Glossary of Legal Terms and Meanings
Law Terms - Glossary of Legal Terms and Meaningsundesirableammo88
 
Citi Application For Employment
Citi Application For EmploymentCiti Application For Employment
Citi Application For Employmentguest882ca4
 

Similaire à Mom (20)

Review of Boilerplate Contract Provisions: Say What You Mean and Mean What Yo...
Review of Boilerplate Contract Provisions: Say What You Mean and Mean What Yo...Review of Boilerplate Contract Provisions: Say What You Mean and Mean What Yo...
Review of Boilerplate Contract Provisions: Say What You Mean and Mean What Yo...
 
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...
 
Arbitration
ArbitrationArbitration
Arbitration
 
Ouster clauses and jurisdiction of civil courts
Ouster clauses and jurisdiction of civil courtsOuster clauses and jurisdiction of civil courts
Ouster clauses and jurisdiction of civil courts
 
Definition and classification of law
Definition and classification of lawDefinition and classification of law
Definition and classification of law
 
HR commitee.pptx notes law ballb law & technology
HR commitee.pptx notes law ballb law &  technologyHR commitee.pptx notes law ballb law &  technology
HR commitee.pptx notes law ballb law & technology
 
Adv Bhavna Panjabi,BALLB,MSU,Vadodara,Gujarat
Adv Bhavna Panjabi,BALLB,MSU,Vadodara,GujaratAdv Bhavna Panjabi,BALLB,MSU,Vadodara,Gujarat
Adv Bhavna Panjabi,BALLB,MSU,Vadodara,Gujarat
 
Boilerplate
BoilerplateBoilerplate
Boilerplate
 
1. Luzon Dev. Bank vs Assoc of LDBE.docx
1. Luzon Dev. Bank vs Assoc of LDBE.docx1. Luzon Dev. Bank vs Assoc of LDBE.docx
1. Luzon Dev. Bank vs Assoc of LDBE.docx
 
indian contract act
 indian contract act indian contract act
indian contract act
 
· IntroductionArbitration refers to dispute resolution is .docx
· IntroductionArbitration refers to dispute resolution is .docx· IntroductionArbitration refers to dispute resolution is .docx
· IntroductionArbitration refers to dispute resolution is .docx
 
The postings should reflect individual comprehension and inquire.docx
The postings should reflect individual comprehension and inquire.docxThe postings should reflect individual comprehension and inquire.docx
The postings should reflect individual comprehension and inquire.docx
 
Risky Business: Contract provisions that may seem harmless but can wreak havoc
Risky Business: Contract provisions that may seem harmless but can wreak havocRisky Business: Contract provisions that may seem harmless but can wreak havoc
Risky Business: Contract provisions that may seem harmless but can wreak havoc
 
BoyarMiller – The Before, During, and After of Non-Compete Agreements
BoyarMiller – The Before, During, and After of  Non-Compete AgreementsBoyarMiller – The Before, During, and After of  Non-Compete Agreements
BoyarMiller – The Before, During, and After of Non-Compete Agreements
 
Arbitration Of Construction Disputes
Arbitration Of Construction DisputesArbitration Of Construction Disputes
Arbitration Of Construction Disputes
 
Motion to enforce settlement agreement in California article
Motion to enforce settlement agreement in California articleMotion to enforce settlement agreement in California article
Motion to enforce settlement agreement in California article
 
Arizona Mediation agreement
Arizona Mediation agreementArizona Mediation agreement
Arizona Mediation agreement
 
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docx
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docxTO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docx
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docx
 
Law Terms - Glossary of Legal Terms and Meanings
Law Terms - Glossary of Legal Terms and MeaningsLaw Terms - Glossary of Legal Terms and Meanings
Law Terms - Glossary of Legal Terms and Meanings
 
Citi Application For Employment
Citi Application For EmploymentCiti Application For Employment
Citi Application For Employment
 

Dernier

定制(UQ毕业证书)澳洲昆士兰大学毕业证成绩单原版一比一
定制(UQ毕业证书)澳洲昆士兰大学毕业证成绩单原版一比一定制(UQ毕业证书)澳洲昆士兰大学毕业证成绩单原版一比一
定制(UQ毕业证书)澳洲昆士兰大学毕业证成绩单原版一比一lvtagr7
 
Drawing animals and props.pptxDrawing animals and props.pptxDrawing animals a...
Drawing animals and props.pptxDrawing animals and props.pptxDrawing animals a...Drawing animals and props.pptxDrawing animals and props.pptxDrawing animals a...
Drawing animals and props.pptxDrawing animals and props.pptxDrawing animals a...RegineManuel2
 
Crack JAG. Guidance program for entry to JAG Dept. & SSB interview
Crack JAG. Guidance program for entry to JAG Dept. & SSB interviewCrack JAG. Guidance program for entry to JAG Dept. & SSB interview
Crack JAG. Guidance program for entry to JAG Dept. & SSB interviewNilendra Kumar
 
Protection of Children in context of IHL and Counter Terrorism
Protection of Children in context of IHL and  Counter TerrorismProtection of Children in context of IHL and  Counter Terrorism
Protection of Children in context of IHL and Counter TerrorismNilendra Kumar
 
定制(UOIT学位证)加拿大安大略理工大学毕业证成绩单原版一比一
 定制(UOIT学位证)加拿大安大略理工大学毕业证成绩单原版一比一 定制(UOIT学位证)加拿大安大略理工大学毕业证成绩单原版一比一
定制(UOIT学位证)加拿大安大略理工大学毕业证成绩单原版一比一Fs sss
 
do's and don'ts in Telephone Interview of Job
do's and don'ts in Telephone Interview of Jobdo's and don'ts in Telephone Interview of Job
do's and don'ts in Telephone Interview of JobRemote DBA Services
 
Jumark Morit Diezmo- Career portfolio- BPED 3A
Jumark Morit Diezmo- Career portfolio- BPED 3AJumark Morit Diezmo- Career portfolio- BPED 3A
Jumark Morit Diezmo- Career portfolio- BPED 3Ajumarkdiezmo1
 
定制(NYIT毕业证书)美国纽约理工学院毕业证成绩单原版一比一
定制(NYIT毕业证书)美国纽约理工学院毕业证成绩单原版一比一定制(NYIT毕业证书)美国纽约理工学院毕业证成绩单原版一比一
定制(NYIT毕业证书)美国纽约理工学院毕业证成绩单原版一比一2s3dgmej
 
美国SU学位证,雪城大学毕业证书1:1制作
美国SU学位证,雪城大学毕业证书1:1制作美国SU学位证,雪城大学毕业证书1:1制作
美国SU学位证,雪城大学毕业证书1:1制作ss846v0c
 
AICTE PPT slide of Engineering college kr pete
AICTE PPT slide of Engineering college kr peteAICTE PPT slide of Engineering college kr pete
AICTE PPT slide of Engineering college kr peteshivubhavv
 
定制英国克兰菲尔德大学毕业证成绩单原版一比一
定制英国克兰菲尔德大学毕业证成绩单原版一比一定制英国克兰菲尔德大学毕业证成绩单原版一比一
定制英国克兰菲尔德大学毕业证成绩单原版一比一z zzz
 
Escort Service Andheri WhatsApp:+91-9833363713
Escort Service Andheri WhatsApp:+91-9833363713Escort Service Andheri WhatsApp:+91-9833363713
Escort Service Andheri WhatsApp:+91-9833363713Riya Pathan
 
LinkedIn Strategic Guidelines April 2024
LinkedIn Strategic Guidelines April 2024LinkedIn Strategic Guidelines April 2024
LinkedIn Strategic Guidelines April 2024Bruce Bennett
 
Graduate Trainee Officer Job in Bank Al Habib 2024.docx
Graduate Trainee Officer Job in Bank Al Habib 2024.docxGraduate Trainee Officer Job in Bank Al Habib 2024.docx
Graduate Trainee Officer Job in Bank Al Habib 2024.docxJobs Finder Hub
 
Ioannis Tzachristas Self-Presentation for MBA.pdf
Ioannis Tzachristas Self-Presentation for MBA.pdfIoannis Tzachristas Self-Presentation for MBA.pdf
Ioannis Tzachristas Self-Presentation for MBA.pdfjtzach
 
定制(Waikato毕业证书)新西兰怀卡托大学毕业证成绩单原版一比一
定制(Waikato毕业证书)新西兰怀卡托大学毕业证成绩单原版一比一定制(Waikato毕业证书)新西兰怀卡托大学毕业证成绩单原版一比一
定制(Waikato毕业证书)新西兰怀卡托大学毕业证成绩单原版一比一Fs
 
Issues in the Philippines (Unemployment and Underemployment).pptx
Issues in the Philippines (Unemployment and Underemployment).pptxIssues in the Philippines (Unemployment and Underemployment).pptx
Issues in the Philippines (Unemployment and Underemployment).pptxJenniferPeraro1
 

Dernier (20)

定制(UQ毕业证书)澳洲昆士兰大学毕业证成绩单原版一比一
定制(UQ毕业证书)澳洲昆士兰大学毕业证成绩单原版一比一定制(UQ毕业证书)澳洲昆士兰大学毕业证成绩单原版一比一
定制(UQ毕业证书)澳洲昆士兰大学毕业证成绩单原版一比一
 
Students with Oppositional Defiant Disorder
Students with Oppositional Defiant DisorderStudents with Oppositional Defiant Disorder
Students with Oppositional Defiant Disorder
 
Drawing animals and props.pptxDrawing animals and props.pptxDrawing animals a...
Drawing animals and props.pptxDrawing animals and props.pptxDrawing animals a...Drawing animals and props.pptxDrawing animals and props.pptxDrawing animals a...
Drawing animals and props.pptxDrawing animals and props.pptxDrawing animals a...
 
Young Call~Girl in Pragati Maidan New Delhi 8448380779 Full Enjoy Escort Service
Young Call~Girl in Pragati Maidan New Delhi 8448380779 Full Enjoy Escort ServiceYoung Call~Girl in Pragati Maidan New Delhi 8448380779 Full Enjoy Escort Service
Young Call~Girl in Pragati Maidan New Delhi 8448380779 Full Enjoy Escort Service
 
FULL ENJOY Call Girls In Gautam Nagar (Delhi) Call Us 9953056974
FULL ENJOY Call Girls In Gautam Nagar (Delhi) Call Us 9953056974FULL ENJOY Call Girls In Gautam Nagar (Delhi) Call Us 9953056974
FULL ENJOY Call Girls In Gautam Nagar (Delhi) Call Us 9953056974
 
Crack JAG. Guidance program for entry to JAG Dept. & SSB interview
Crack JAG. Guidance program for entry to JAG Dept. & SSB interviewCrack JAG. Guidance program for entry to JAG Dept. & SSB interview
Crack JAG. Guidance program for entry to JAG Dept. & SSB interview
 
Protection of Children in context of IHL and Counter Terrorism
Protection of Children in context of IHL and  Counter TerrorismProtection of Children in context of IHL and  Counter Terrorism
Protection of Children in context of IHL and Counter Terrorism
 
定制(UOIT学位证)加拿大安大略理工大学毕业证成绩单原版一比一
 定制(UOIT学位证)加拿大安大略理工大学毕业证成绩单原版一比一 定制(UOIT学位证)加拿大安大略理工大学毕业证成绩单原版一比一
定制(UOIT学位证)加拿大安大略理工大学毕业证成绩单原版一比一
 
do's and don'ts in Telephone Interview of Job
do's and don'ts in Telephone Interview of Jobdo's and don'ts in Telephone Interview of Job
do's and don'ts in Telephone Interview of Job
 
Jumark Morit Diezmo- Career portfolio- BPED 3A
Jumark Morit Diezmo- Career portfolio- BPED 3AJumark Morit Diezmo- Career portfolio- BPED 3A
Jumark Morit Diezmo- Career portfolio- BPED 3A
 
定制(NYIT毕业证书)美国纽约理工学院毕业证成绩单原版一比一
定制(NYIT毕业证书)美国纽约理工学院毕业证成绩单原版一比一定制(NYIT毕业证书)美国纽约理工学院毕业证成绩单原版一比一
定制(NYIT毕业证书)美国纽约理工学院毕业证成绩单原版一比一
 
美国SU学位证,雪城大学毕业证书1:1制作
美国SU学位证,雪城大学毕业证书1:1制作美国SU学位证,雪城大学毕业证书1:1制作
美国SU学位证,雪城大学毕业证书1:1制作
 
AICTE PPT slide of Engineering college kr pete
AICTE PPT slide of Engineering college kr peteAICTE PPT slide of Engineering college kr pete
AICTE PPT slide of Engineering college kr pete
 
定制英国克兰菲尔德大学毕业证成绩单原版一比一
定制英国克兰菲尔德大学毕业证成绩单原版一比一定制英国克兰菲尔德大学毕业证成绩单原版一比一
定制英国克兰菲尔德大学毕业证成绩单原版一比一
 
Escort Service Andheri WhatsApp:+91-9833363713
Escort Service Andheri WhatsApp:+91-9833363713Escort Service Andheri WhatsApp:+91-9833363713
Escort Service Andheri WhatsApp:+91-9833363713
 
LinkedIn Strategic Guidelines April 2024
LinkedIn Strategic Guidelines April 2024LinkedIn Strategic Guidelines April 2024
LinkedIn Strategic Guidelines April 2024
 
Graduate Trainee Officer Job in Bank Al Habib 2024.docx
Graduate Trainee Officer Job in Bank Al Habib 2024.docxGraduate Trainee Officer Job in Bank Al Habib 2024.docx
Graduate Trainee Officer Job in Bank Al Habib 2024.docx
 
Ioannis Tzachristas Self-Presentation for MBA.pdf
Ioannis Tzachristas Self-Presentation for MBA.pdfIoannis Tzachristas Self-Presentation for MBA.pdf
Ioannis Tzachristas Self-Presentation for MBA.pdf
 
定制(Waikato毕业证书)新西兰怀卡托大学毕业证成绩单原版一比一
定制(Waikato毕业证书)新西兰怀卡托大学毕业证成绩单原版一比一定制(Waikato毕业证书)新西兰怀卡托大学毕业证成绩单原版一比一
定制(Waikato毕业证书)新西兰怀卡托大学毕业证成绩单原版一比一
 
Issues in the Philippines (Unemployment and Underemployment).pptx
Issues in the Philippines (Unemployment and Underemployment).pptxIssues in the Philippines (Unemployment and Underemployment).pptx
Issues in the Philippines (Unemployment and Underemployment).pptx
 

Mom

  • 1. Page 1 of 4 Revised 7/2013 PB RESOLVE AGREEMENT (Including agreement to Mutual Binding Arbitration) This Dispute Resolution Agreement (PB Resolve Agreement) is a contract and covers important issues relating to your rights. It is your sole responsibility to read it and understand it. You are free to seek assistance from independent advisors of your choice outside the Company or to refrain from doing so if that is your choice. El acuerdo de resolución es un contrato y cubre aspectos importantes de tus derechos. Es tu absoluta responsabilidad leerlo y entenderlo. Tienes la libertad de buscar asistencia de asesores independientes de tu elección fuera de la Empresa o de abstenerte de buscar asistencia si esa es tu elección. You recognize that differences may arise between Pitney Bowes Inc., which includes its subsidiaries, affiliates, divisions, related business entities, successors and assigns (collectively "Pitney Bowes" or "the Company"), and You during or following your employment, and that those differences may or may not be related to your employment. You and the Company understand and agree that by entering into this PB Resolve Agreement ("Agreement"), You and the Company agree to participate in Pitney Bowes' PB Resolve Program, a four-step alternative dispute resolution process, to resolve disputes that may arise between You and Pitney Bowes. You further recognize and agree that the final step of the PB Resolve process will be final and binding arbitration. Consideration: The promises by You and the Company to submit differences to the PB Resolve Program, including arbitration, rather than litigate them before courts or other bodies, and your continued employment by the Company, provide consideration for each other. PB Resolve Program: The PB Resolve Program is a four-step alternative dispute resolution process. Details of the PB Resolve Program are set forth in the PB Resolve Program Manual. By signing this Agreement You are specifically acknowledging that You have reviewed or have had an opportunity to review the PB Resolve Program Manual and agree to abide by its terms. Claims Covered by the Agreement: The Company and You mutually consent to resolve through the PB Resolve Program, including final and binding arbitration, all claims or controversies ("claims"), past, present or future, whether or not arising out of your employment (or its termination), that the Company may have against You or that You may have against any of the following (1) the Company, (2) its officers, directors, employees or agents in their capacity as such, (3) the Company's parent, subsidiary and affiliated entities, and/or (4) all successors and assigns of any of them. Only legal claims are arbitrable or subject to external mediation. Legal claims are claims that, in the absence of this Agreement, would be able to be heard in court under applicable state and federal law. The claims covered by this Agreement include, but are not limited to: claims related to termination, resignation, layoffs, constructive discharge, misclassification or unpaid wages (including Fair Labor Standards Act and state equivalent claims) or other compensation due; claims relating to leaves of absence (including Family Medical Leave Act or state equivalent claims); claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination under any federal, state or other governmental law, statute, regulation or ordinance (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, physical or mental disability or handicap, or medical condition); claims of violation of public policy or retaliation; claims arising out of or related to this Agreement, claims for benefits (except claims under employee benefit or pension plans or claims covered by Employee Retirement Income Security Act); and claims for violation of any federal, state, or other governmental law,
  • 2. Page 2 of 4 Revised 7/2013 statute, regulation, or ordinance, except claims excluded in the section of this Agreement entitled "Claims Not Covered By The Agreement." Except as otherwise provided in this Agreement, both You and the Company agree that neither shall initiate or prosecute any lawsuit, in any way arising out of or related to any claim covered by this Agreement. You and the Company further agree that claims arising under any law that permits resort to an administrative agency, including but not limited to claims or charges brought before the National Labor Relations Board, the Equal Employment Opportunity Commission, and the United States Department of Labor, may be brought before that agency notwithstanding an agreement to arbitrate those claims. Nothing herein shall be construed to excuse any requirement that an administrative claim or charge be filed as a jurisdictional prerequisite or condition precedent to obtaining relief if such filing would have been required prior to initiation of an action in a court of law. Claims Not Covered by the Agreement: Claims for workers' compensation or unemployment compensation benefits, claims for benefits under a company benefit plan covered by ERISA or any other claims covered by ERISA, state disability insurance claims and claims under the National Labor Relations Act are not covered by this Agreement. Also not covered are claims by You or the Company for temporary restraining orders or preliminary injunctions (“temporary equitable relief”) in cases in which such temporary equitable relief would be otherwise authorized by law. Such resort to temporary equitable relief shall be pending arbitration only, and in such cases the merits of the action will be tried in front of, and will be decided by, the Arbitrator, who will have the same ability to order legal or equitable remedies as could a court of general jurisdiction. Time Limits for Commencing Arbitration: The Company and You agree that either party must file a demand for arbitration no later than the expiration of the statute of limitations (deadline for filing) that applicable law prescribes for the claim. Otherwise, the claim shall be void and deemed waived. During Steps I through III of the PB Resolve Program, the statute of limitations shall be tolled (temporarily suspended). Arbitration Procedures: Except as provided in this Agreement, the Federal Arbitration Act, 9 U.S.C. Section 1 et seq. (“FAA”) shall govern the interpretation, enforcement and all arbitration proceedings pursuant to this Agreement. Unless You and the Company mutually agree otherwise, the Arbitrator shall be either a retired judge, or an attorney who is experienced in employment law and licensed to practice law in the state in which the arbitration is convened (the "Arbitrator"). The arbitration shall take place in or near the city in which You are or were last employed by the Comp any. The parties will choose an Arbitrator by mutual agreement and if the parties are unable to agree to an Arbitrator, either party may petition a court of competent jurisdiction to appoint an Arbitrator, who shall act under this Agreement with the same force and affect as if the parties had selected the Arbitrator by mutual agreement. Class, Collective, Mass or Representative Actions: However, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class, consolidated or collective action, or in a representative or private attorney general capacity on behalf of a class of persons or the general public. Governing Law: Absent a choice of law provision contractually agreed upon by both parties, the Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Arbitrator is without jurisdiction to apply any different substantive law or law of remedies. The Arbitrator shall have exclusive authority to resolve any dispute relating to the application or interpretation of this Agreement. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person, as the Arbitrator deems advisable. The Arbitrator shall have the authority to entertain a motion to dismiss
  • 3. Page 3 of 4 Revised 7/2013 and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Arbitration Process: Any party may be represented by an attorney during arbitration. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the dispute based upon whatever evidence is presented. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and written opinion no later than thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later. The opinion shall include the factual and legal basis for the award. Discovery at Arbitration: Each party shall have the right to take the deposition of two (2) individuals and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party and to subpoena documents from third parties. Requests for additional discovery may be made to the Arbitrator. The Arbitrator shall grant an order for such requested additional discovery that the Arbitrator finds the party requires to adequately arbitrate a claim, taking into account the parties’ mutual desire to have a fast, cost-effective dispute resolution mechanism. The Arbitrator in making such orders shall be guided by the rules of discovery applicable in the forum State’s courts. Designation of Witnesses at Arbitration: At least thirty (30) days before the arbitration, the parties must exchange lists of witnesses, including any experts, and provide copies of all exhibits intended to be used at the arbitration. Subpoenas for Arbitration: Each party shall have the right to subpoena witnesses and documents for the arbitration as well as documents relevant to the case from third parties. Arbitration Fees and Costs: The Company will be responsible for paying any filing fee and the fees and costs of the Arbitrator. Each party shall pay for its own costs and attorneys' fees, if any. However, the Company will reimburse You up to 80% of your attorneys' fees, up to a maximum of $2,500.00, pursuant to the terms set forth in the PB Resolve Program Manual. If any party prevails on a statutory claim that affords the prevailing party attorneys' fees and costs, or if there is a written agreement providing for attorneys' fees and/or costs, the Arbitrator may award reasonable attorneys' fees and/or costs to the prevailing party, applying the same standards a court would apply under the law applicable to the claim(s). Judicial Review: Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce or vacate an arbitration award in accordance with applicable law. Interstate Commerce: You understand and agree that the Company is engaged in transactions involving interstate commerce. Miscellaneous Provisions: This Agreement to resolve all disputes through the PB Resolve process, including arbitration, if necessary, shall survive the termination of your employment and the expiration of any benefit plan. It can be revoked or modified only in writing signed by both the Company's Chief Human Resources Officer or his or her designee and You, which specifically states the intent to revoke or modify this Agreement. This is the complete agreement of the parties on the subject of arbitration of disputes. This Agreement supersedes any prior or contemporaneous oral or written understandings on the subject. No party is relying on any representations, oral or written, on the subject of the effect, enforceability or meaning of this Agreement, except as specifically set forth in this Agreement. If any provision of this Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the Agreement. All other provisions shall remain in full force and effect.
  • 4. Page 4 of 4 Revised 7/2013 Not an Employment Agreement: This Agreement is not, and shall not be construed to create any contract of employment for a definite term, express or implied. Nor does this Agreement in any way alter the "at-will" status of your employment. Voluntary Agreement: I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, THAT I UNDERSTAND ITS TERMS, THAT ALL UNDERSTANDINGS AND AGREEMENTS BETWEEN THE COMPANY AND ME RELATING TO THE SUBJECTS COVERED IN THE AGREEMENT ARE CONTAINED IN IT, AND THAT I HAVE ENTERED INTO THE AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS BY THE COMPANY OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHT TO A JURY TRIAL. I FURTHER ACKNOWLEDGE THAT I HAVE BEEN GIVEN THE OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH MY PRIVATE LEGAL COUNSEL AND HAVE AVAILED MYSELF OF THAT OPPORTUNITY TO THE EXTENT I WISH TO DO SO. Employee: Pitney Bowes Inc. __________________________ ________________________________ Signature of Employee: Signature of Authorized Company: Representative: ___________________________ ________________________________ Print Name of Employee Title of Representative: Date: Date: Gloria Williams October 9, 2013 October 9, 2013