. . . . . . . . . . . The Mediation Phase .Table of Contents Section I Overview . . Who Is Covered? . . . . . 12 17 2 . The Arbitration Phase . . Severability . . . Confidentiality . The Role of Lawyers . . Who Are the Arbitrators and Mediators? Section II ERA Rules and Procedures . The Open Door Phase . . . . What Issues Are Covered? . . . The Internal Conference Phase . . . . . . Advantages of ERA . Phases at a Glance . . Why We Have an ERA Program . What Issues Are Not Covered? . . . . 3 4 4 5 5 6 6 7 8 9 10 10 11 11 . . . . . .

Please call your Human Resource Representative or the Employee Hotline at 1-800-228-5687 for assistance. If the problem is not resolved to the employee’s satisfaction internally. it's subsidiaries. agents. If an employee and his or her supervisor are unable to resolve a job related problem informally. application or enforcement of Company practices or rules as they may pertain to an employee’s specific circumstances. This includes the requirement that any legal issue not resolved through the Open Door Phase. may be revoked or revised. No retaliation will result from any use of any part of the ERA Program. officers. Inc. subsequent steps of the program allow the problem to be taken directly and progressively to higher levels of management. situations occasionally arise where an employee disagrees with the implementation. national origin. administrators. affilates and all other related entities (but excluding Sunoco Partners LLC and it's subsidiaries). This agreement covers any workplace matter including claims of discrimination based on race. 3 . and the issue involves legally protected rights. This adversely affects his or her productivity and his or her relationships with coworkers and supervisors. the company has adopted the Employee Resolution in Action (ERA) Program. upon notice to you. and despite our best efforts. It is our goal to maintain a workplace where employees can work and advance to their fullest potential. If you believe you have been subjected to harassment or discrimination. gender. Situations may develop where an employee believes that he or she has suffered discrimination or harassment in the workplace. be held in strict confidence. both hourly and salaried. the Internal Conference Phase or the Mediation Phase be submitted to final and binding arbitration rather than through the courts or to a jury. In addition to the Company’s “Open Door” philosophy. the applicant or the employee and the Company agree to all provisions of the ERA Program. or local civil rights statute. If a job seeker chooses to become an applicant. In such situations. ¹Any reference in this ERA Program to "the Company" will be a reference to Sunoco. This program is not intended to create an employment contract for any length of time. fiduciaries. after the effective date of the ERA Program. and all eligible former employees. to the greatest extent practicable under the circumstances. the Company encourages employees to turn to their supervisors or to a higher level of management for prompt resolution of issues or claims. the benefit plans' sponsors. The ERA Program. or if for any reason you wish to bypass a particular supervisory person. state. by the Company. Any information regarding an employee issue will. (the Company)¹ is committed to administering its employment policies fairly and treating all employees with respect and dignity. employees. its directors. and will in no way alter the “at will” status of employment. Inc. ancestry. benefit plans. there are phases for outside mediation and mandatory arbitration. or if an employee or applicant accepts employment or continues his or her employment with the Company. This procedure is applicable to all non-represented employees. age or disability under any federal. religion. Nevertheless. a more confidential procedure is available to you. and all successors and assigns of any of them in any capacity.SECTION I – Overview Sunoco. Managers and other members of management who investigate a problem will discuss it only with those individuals who have a “need to-know” or those who are needed to supply the necessary background information.

respecting your privacy and the privacy of others. we have a program that will help. open up communication. Protection of your legal rights The ERA Program provides protection of your legal rights such as prohibitions against discrimination and harassment and protection of all other rights covered by federal. 4 .protecting work relationships and reputations. conveniently. it allows you and the Company to resolve differences in ways that are: ■ ■ ■ ■ ■ CONSTRUCTIVE . state or local law. neutral third party . and it is the only way the ERA Program can be truly effective.taking days. and enhance teamwork.providing several phases for resolving problems objectively. When you exercise your rights under the ERA Program. reduce workplace tension. INEXPENSIVE . Our goal is to resolve disagreements when they first occur. Please read this document carefully and keep it as a reference. or if you are responsible for handling or responding to employee concerns and would like assistance. so we designed the ERA Program to allow such complaints to be resolved more quickly and cost effectively than if you were to resolve them through the judicial system. We take complaints about violations of your rights very seriously. everyday misunderstandings to violations of legally protected rights. ___________________________________________ Why We Have an ERA Program A better way to handle issues The ERA Program is modeled after several programs that have been adopted by other major employers and has proven effective in resolving concerns and issues more quickly. REALISTIC . It is called the Employee Resolution in Action (ERA) Program. retaliation is not allowed.recognizing that different people and different problems require different solutions. It helps protect your work relationship and your reputation. The ERA Program offers many advantages. CONFIDENTIAL . instead of years. using an independent. ■ ■ When conflicts are dealt with appropriately. QUICK .if one is needed. Its purpose is to provide you with an enhanced process for discussing and settling almost every kind of workplace conflict from minor.avoiding or holding down attorneys’ fees or legal expenses.Advantages of the ERA Program If you have a work-related problem that cannot be resolved on your own. SIMPLE . weeks or months. we can increase understanding among everyone involved. Senior management fully supports this policy of no retaliation. In particular.resolving problems at the lowest possible level of involvement. and cost effectively. No retaliation It is good business to have an environment where employees can resolve problems. You have every right to be heard and to expect that your issue will be resolved. and FAIR .a trained mediator or arbitrator .

_________________________________________ What Issues Are Covered? The following list is not all-inclusive. its directors. Any reference in this ERA Program to “you” or to “employee” or “employees” will be a reference to you. it's subsidiaries. you won’t need to go anywhere else. Sunoco. Legal Issues Matters relating to discrimination. but is representative of the types of issues covered: Non-legal Issues Interpersonal working relationships and problems. and breach of contract. civil actions. administrators. heirs. You are still free to consult the appropriate local and/or state Human or Civil Rights Commission. and administration of Company policy.Why We Have an ERA Program (continued) The ERA Program applies to relief you may seek personally through the courts for a work-place issue. officers. we hope you’ll feel the ERA Program is so effective. Any reference in this ERA Program to the “Company” will be a reference to. your successors and assigns. Inc. and all successors and assigns of any of them in any capacity. or any other government regulatory agency regarding your work-place problem. agents. harassment. the benefit plans’ sponsors. the EEOC. ___________________________________________ Who Is Covered? All applicants as well as non-represented employees and eligible former employees (exemployees that were employed by the Company while the program was in effect) are covered under the ERA Program. and unlawful forms of retaliation. executors. and agents. questions of authority. administrators. legal representatives. intentional infliction of emotional distress. wages. Of course. affiliates and all other related entities (but excluding Sunoco Partners LLC and it's subsidiaries). benefit plans. fiduciaries. The ERA Program covers all issues or controversies arising out of your employment or termination (except Workers’ Compensation or Unemployment Compensation claims) that the 5 . employees.. The Statute of Limitations or any time limits for filing a complaint or a charge with the above listed agencies will not stop while you are participating in the employer provided program.

claims of harassment. You also may call your Human Resources Representative to discuss your issue or concern. claims for breach of any contract or covenant (expressed or implied). application or enforcement of any of the Company’s practices or rules to your situation. age. handicap or disability. national origin. sexual orientation or preference. sex. and claims for violation of any Company policy or practice. statute. __________________________________________ What Issues Are Not Covered? This program does not cover: ■ ■ ■ ■ Workers’ Compensation Claims Unemployment Compensation Benefit Claims Insurance Claims Claims that seek to establish.What Issues Are Covered? (continued) Company may have against an employee or that an employee may have against the Company. including but not limited to claims for wage and other compensation. The ERA Program is available to you if you disagree with the specific implementation. ancestry. state or other governmental law. tort claims. or of any federal. modify or object to Company personnel or employment policies (unless a legally protected right is involved) Claims against an individual manager that do not involve conduct within the scope of the manager’s employment Claims concerning issues of medical care or treatment under Company medical insurance plans ■ ■ ___________________________________________ Phases at a Glance The ERA Program has four phases that range from internal. regulation or ordinance. color. claims for statutory discrimination (including but not limited to race. religion. quick ways to resolve issues to external methods that are more formal and take more time. ■ The Open Door Phase is the first step in the ERA Program. It provides immediate access to the chain of command beginning with your supervisor and then to the next level of management. veteran or citizenship status). or if you have a jobrelated problem pertaining to a coworker. marital status. You must proceed consecutively through each phase of the process. Internal Conference Phase is available if your issue is not resolved through the ■ The 6 .

7 . The decision on the resolution of the issue is up to you and the Company. If the employee wishes to continue the ERA Program process after the internal investigation has been concluded. It provides a setting for you to discuss your concerns with the ERA Program Administrator. including any remedy or relief that would have been available had the matter been heard in a court of competent jurisdiction. you may take it to the next level of management. At the conclusion of the investigation. you may immediately take the issue to the next level of management. Although you are encouraged to solve your problem at the lowest possible level. The arbitrator may grant any remedy or relief that he or she deems just and equitable. but does not decide how you will resolve the issue. the employee will be informed of the findings and resolution to the complaint. If you are uncomfortable going to your immediate supervisor. The arbitrator makes a decision after both sides present their arguments. you are free to raise a concern with management or your HR Representative. Immediate Supervisor . For some people. state or local employment law. simply presenting their case to someone outside of the Company is all that is needed to resolve their issue. Because this person is closer to your situation. independent mediator from outside the Company. or you may elect to return to the Open Door Phase.You are encouraged to resolve issues with your immediate supervisor whenever possible. Mediation. The ERA Program uses professional mediators provided through the American Arbitration Association (AAA) and the Dispute Resolution Institute (DRI). The mediator makes suggestions for resolution.Phases at a Glance (continued) Open Door Phase. Who can I talk to if I have a concern? At the Company. ■ The __________________________________________ The Open Door Phase The Open Door Phase offers you a variety of ways in which you can resolve your problem. You might resolve the issue at this level. ■ The Mediation Phase gives you the opportunity to resolve your problem with assistance from a trained. or may be in a position to offer a new perspective or some new facts that may be helpful to you. he or she may already be aware of the problem. If an employee has made an allegation related to claims protected by any federal. an arbitrator. Arbitration Phase is a process in which you and the Company present your issue to a neutral third party. for a final and binding decision. That’s the Open Door approach. the EEO/Legal Department will conduct an investigation. The Open Door Phase is a process that will allow you to talk to your supervisor or to the next level of management without fear of retaliation. You and the other person(s) involved might decide you want a neutral person to help you find a mutually agreeable solution through mediation or arbitration if your issue concerns a legally protected right. he or she can initiate the next phase.

Once at the Conference. Calling the Employee Hotline . who is experienced in employee matters. These individuals have many years of experience in helping employees deal with a variety of workplace problems. Human Resources Representative .If your concern was not resolved with your immediate supervisor and you feel your concern requires further resolution. if he or she is not already involved. This process may involve further investigation of the matter before the matter can be resolved. The Internal Conference may be conducted in person or by telephone with either the ERA Program Administrator or a member of the ERA Program staff. 8 . you may agree that the best way to resolve your concern is to loop back to the chain of command or to Human Resources. An ERA Program representative will listen objectively to both sides and try to help resolve the issue. The resolution process may include one of the following: Continue through the Open Door Phase. box 6759. The ERA Program Administrator can provide informal assistance by providing a neutral. for Human Resource list) for advice or assistance. you can discuss your issue with the next level of supervision to solve the problem. a representative from HR will be asked to participate in the process.At any time. Seek an Informal Resolution. You and the Company may agree to try to resolve your issue at the Internal Conference with a member of the ERA Program staff. You may contact the ERA Program Administrator at 215-977-6759 or 1-800-777-6444. you may elect to contact your Human Resources Department (See Corporate intranet under Access HR. The goal of the Internal Conference Phase is to resolve the issue or help everyone involved agree on a way to resolve it. Key Reasons To Use the Open Door Phase ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Solves problems quickly Has Management’s commitment and support Provides early on-site resolution of problems Gives you instant support Gets your questions answered Is convenient Is confidential Provides a personal and direct way to address issues Helps you help yourself Forbids retaliation __________________________________________ The Internal Conference Phase The Internal Conference phase of the program will allow you to talk with someone from the Program about your concern and participate in a process for resolving it. At this level. facilitated meeting with all parties to try to resolve your issue. and/or to conduct an investigation.The Open Door Phase (continued) Higher Level of Supervision .You may call the Employee Hotline at 1-800-228-5687 to report your concern at any time.

the employee incurs no fees for the mediation process. Mediation is usually successful in helping to reach a settlement. Typical Mediation Steps 1.The Internal Conference Phase (continued) Key Advantages of the Internal Conference Phase ■ ■ Provides a neutral party to help settle the matter Gives all parties involved a choice in how they resolve the issue __________________________________________ The Mediation Phase If your issue is based on legally protected rights you may believe an external mediation is necessary to resolve it. If the employee requests the mediation and pays the $50. All external issue resolution processes in the ERA Program use neutral parties provided through the American Arbitration Association (AAA) or the Dispute Resolution Institute (DRI). the employee or the Company may wish to take the matter to arbitration for a final and binding decision.00 processing fee. either AAA or DRI and bear the cost of the $50. just presenting their case to someone outside the Company who isn’t involved in the problem is all that is needed to resolve an issue. When you or the Company request mediation. there is no resolution unless all of the parties agree upon a solution. 3. The mediator can make suggestions. contact the ERA Program Administrator at 1-215-977-6759 or 1800-777-6444. box 6759. If the Company requests mediation. but you and the other party are responsible for resolving your issue. Mediation helps primarily by opening up communication and by coming up with solutions. In mediation. AAA or DRI will assign a professional mediator who is located nearest you. The party requesting external mediation will choose the organization. Requesting Mediation To request external mediation. called a mediator. What Is Mediation? Mediation is often the most straightforward and cost-effective method of examining and resolving issues. It is a meeting at which a neutral third-party. helps you and the Company come to an agreement of your own. The employee and a Company representative will meet with the mediator. who will guide the discussion and help work out the differences.00 processing fee. the employee incurs no additional fees for the mediation process. For many people. Key Advantages of Mediation ■ ■ ■ ■ ■ ■ Allows both sides to share their views Provides a neutral third-party perspective Helps separate emotions from facts Promotes discussion of creative solutions Empowers employees to resolve issues Offers an opportunity for win/win solutions 9 . 2. The mediator may meet separately and confidentially with the employee and with the Company representative to develop a better understanding of the problem to help with the resolution. based on the needs and interests of all concerned. If it is not successful.

or sent directly to the ERA Program Administrator at Sunoco Inc. Such information and statements will not be admissible as evidence in the Arbitration. Both you and the Company number the list of candidates in order of preference. Any legal issue not resolved through the Open Door Phase. An arbitrator is selected. There is no jury. ___________________________________________ The Arbitration Phase You are required to first proceed through the first three phases since the ERA Program is designed to maximize the possibility of resolution prior to arbitration. the Internal Conference Phase or the Mediation Phase must be submitted to final and binding arbitration rather than through the courts or to a jury. 6. Either you or the Company files a demand for arbitration with the external agency chosen for the mediation. What Is Arbitration? Arbitration is a process in which an issue is presented to an outside neutral third party. Once you have made this request. 7. The external agency offers a list of qualified arbitrator candidates.. the Company is legally bound to participate with you in arbitration. 14th Fl.Confidentiality All information shared and statements made during the Internal Conference and the Mediation are Confidential and solely for purposes of resolving the issue.877. 4. for a final and binding decision. All external issue resolution processes in this program use neutral parties provided through the American Arbitration Association (AAA). LL. governed by rules of procedure and legal standards of conduct. 3. 5. it is an orderly proceeding. At the hearing. testimony is given and documents are exchanged. 2. based on mutual preferences. Requesting Arbitration To request external arbitration your request must be in writing and sent to the ERA Program Administrator either via e-mail to cemonaghan@sunocoinc. Ste.. fax to 1. which are held privately. Witnesses are questioned and cross-examined. Typical Arbitration Steps 1. Philadelphia PA 19103-7583. Though arbitration is much less formal than a court trial. The arbitrator makes this decision after both sides present their arguments at the arbitration hearing. The agency arranges a hearing date at a convenient location. The neutral third party runs the proceedings. Any other parties involved are notified.3622. 1735 Market Street.com. The employee incurs no additional fees for the arbitration process.399. 10 . and the Dispute Resolution Institute (DRI). the arbitrator.

The requesting party must pay a $50. and all levels of government. we reserve the right to have legal representation. The arbitrator issues a final and binding decision in writing. Copies of the decision are sent to both you and the Company. Under the terms of the Program.Arbitration can restore to you what you’ve lost. Key Advantages of Arbitration Resolution .00 fee to use an external resolution process. ■ Quick ___________________________________________ The Role of Lawyers You may consult with a lawyer or any other advisor of your choice at any time in the ERA Program process.You can benefit from the objectivity and experience of an external neutral arbitrator. 11 . ■ Independent Third Party . 9. businesses. such as attorney fees or discovery costs.The Arbitration Phase (continued) 8. 6. Fees & Costs. Both the Company and the employee will use The American Arbitration Association (AAA) or the Dispute Resolution Institute (DRI).You can expect a quick and final binding resolution of your issue or claim (within months instead of years in the legal system). You are responsible for expenses you elect to incur during the mediation or arbitration process. an arbitrator can award you what you might seek through a court of law. but they may not participate in the process until the Mediation phase. The Company has access to legal advice through its Law Department and outside lawyers. associations. except as stated in Section II Rules and Procedures. The Company pays all additional fees of the mediation or arbitration agency. however. ___________________________________________ Who Are the Arbitrators and Mediators? Mediators and arbitrators are highly skilled. the party being represented must notify the other party and the mediator and/or arbitrator of the name and address of the designated representative at least 30 days prior to the date set for the hearing or conference at which the representative will first appear. You are not required to hire a lawyer. If either party chooses to be represented by a lawyer. AAA and DRI offer a wide range of issue resolution services to private individuals. ■ Protect Your Rights . This benefits both parties. While the Company will generally participate without a lawyer. you are responsible for expenses and attorney fees that you incur. professional third parties who are neutral and whose services are confidential.

state and local statutory or common law claims whether contract or tort. state or local statutory or common law shall be subject to arbitration. alleged agent. Matters Subject to Arbitration Except as otherwise limited herein. director or affiliate company. wrongful arrest/wrongful imprisonment. Arbitration shall apply to any and all such issues. including but not limited to. wrongful discharge. __________________________________________________________________ 2. controversies or claims. 12 . the Age Discrimination in Employment Act of 1967 (“ADEA”). Sections 1981 through 1988 of Title 42 of the United States Code and all amendments thereto. the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) and any and all claims under federal. These Rules and Procedures govern arbitration of matters involving legal rights and apply with full force to all parties to the dispute. but are not limited to. the Older Workers Benefits Protection Act of 1990 (“OWBPA”). Claims by employees for state employment insurance (e. Purpose and Construction The ERA Program is designed to provide rules and procedures for the quick. workers’ compensation. officer. claims for malicious prosecution. or relating to an employee’s application or candidacy for employment. any and all employment-related legal disputes. claims arising under Title VII of the Civil Rights Act of 1964. state and local laws against discrimination and any and all federal. the Americans with Disabilities Act of 1990 (“ADA”). former or potential employment relationship with the Company. The ERA Program should be interpreted in accordance with these purposes. controversies or claims arising out of. The ERA Program is intended to create an exclusive procedural mechanism for the final resolution of all claims falling within its terms. All claims arising under federal. accessible and inexpensive resolution of issues between the Company and the Company’s present and eligible former employees and applicants for employment. It is not intended either to abridge or enlarge substantive rights available under applicable law. these claims include. By way of example. unemployment compensation. intentional/negligent infliction of emotional distress or defamation. third-party arbitrator selected in accordance with these ERA Program Rules and Procedures. the Occupational Safety and Health Act (“OSHA”).g. nor are claims involving issues of medical care or treatment under Company medical insurance plans covered or claims arising as a result of a change in control. whether asserted against the Company and/or against any employee.. including the amendments of the Civil Rights Act of 1991. related to or arising out of a current. fair.SECTION II . the Employee Retirement Income Security Act of 1974 (“ERISA”). worker disability compensation) or under the National Labor Relations Act shall not be subject to arbitration. employment or cessation of employment with the Company shall be settled exclusively by final and binding arbitration before a neutral. the Fair Labor Standards Act (“FLSA”).Rules & Procedures 1.

PA 19103-7583. Time Limits and Statute of Limitations If your issue concerning legally protected rights has not been resolved to your satisfaction..00. The Company will pay all processing fees in excess of the $50. home address and telephone number. Ste. job classification and department. rather than proceed through the courts or to a jury. if the written notice is not received within thirty (30) calendar days of the hearing or the employee’s deposition. or could reasonably have discovered. otherwise. and sent to the ERA Program Administrator either via e-mail to cemonaghan@sunocoinc. __________________________________________________________________ 4. LL. 14th Fl. the facts or events giving rise to the claim. Philadelphia. by mail at the last address recorded. fax to 1. After mediation. signed by you. c) Employees will be given written notice of a Company claim against them. b) In any event. a) The arbitrator shall be a person with significant employment law experience. Selection of Arbitrator and Rules of Arbitration Unless the employee and the Company mutually agree on another time or location. or sent directly to the ERA Program Administrator at Sunoco Inc. the arbitration hearing shall take place at the offices of the arbitrator or Arbitration Service and shall be held within ninety (90) days after submission of the written request for arbitration. then the hearing or deposition shall be continued to a date not less than thirty (30) calendar days after the date of the receipt of the written notice. 1735 Market Street.399. arbitration is the final and binding recourse for the resolution of any legal issue. whichever party (Company or Employee) claims to be aggrieved must give written notice of arbitration to the other within 365 calendar days of the date the party first had knowledge of.00 paid by the employee at the Mediation Phase. 13 . f) Any legal issue not resolved through the Open Door Phase or the Internal Conference Phase must be submitted to mediation before it is submitted to final and binding arbitration. However. The Company reserves the right to be represented by an attorney at any time during the process.3622. the claim shall be deemed conclusively resolved against that party unless there is an applicable federal. an attorney will represent the Company from that point until the conclusion of the process. If the employee chooses to be represented by an attorney at any point in the mediation or arbitration process. that party must give the other party and the mediator or arbitrator written notice. you should request arbitration of your issue subject to the following requirements: a) Request for arbitration must be in writing. e) If either party chooses to be represented by an attorney at any point after the initiation of the mediation or arbitration procedure.3. state or local statute of limitations that provides more time to pursue the claim. Contents of Notice. particularly in dealing with issues involving statutory employment rights.com. d) The fees charged by the agency are substantially more than the $50. Your request should include the following information: your name.877.

which would be available before a governmental agency or in any court under the applicable law of the appropriate jurisdiction applied by the arbitrator. from which each party may strike up to three (3) arbitrators. the employee and the Company each shall inform the Arbitration Service which arbitrators the parties find unacceptable for deciding the issue. The Arbitration Service will then appoint an arbitrator from the remaining names.4. c) The arbitrator shall apply the substantive law of the state in which the employee’s job was based when the facts giving rise to the claim arose. neither the Company nor the employee shall initiate or prosecute any lawsuit in any way related to any of the claims covered by the ERA Program. f) Within thirty (30) days after the close of the arbitration hearing. the agency. unless otherwise agreed or ordered by the arbitrator on motion. the Arbitration Service is authorized to furnish an additional panel. Within twenty-one (21) calendar days after the Company receives the Arbitration Request. shall have exclusive authority to resolve any matter relating to the interpretation. or with any person or entity not directly involved in the matter. are confidential and may not be reported to or discussed with any news agency or legal publisher or service. including employee access to his or her personnel file and to all information reasonably relevant to the arbitration of the claims. 14 . as applicable to the claim(s) asserted (hereinafter referred to as the “Applicable Law of the Jurisdiction”). shall be asked to provide a panel of seven (7) neutral arbitrators with experience deciding employment matters or the parties may mutually agree upon an individual arbitrator. the arbitrator shall issue an award and explanatory opinion and will mail copies to the employee and to the ERA Program Administrator. Reasonable Discovery and Admissible Evidence In order to balance the objectives of speedy and cost-efficient issue resolution with the need for enough information to advance and/or defend the claim. h) The results of the arbitration. state or local court. chosen at the mediation phase. The aggrieved party has the burden of proving by a preponderance of the evidence. d) Either party. there shall be adequate but limited pretrial discovery available to the Company and the employee and his or her representative participating in arbitration. at its own expense. Except as otherwise provided in the ERA Program Rules and Procedures. The Arbitration Service then will appoint an arbitrator from among the named individuals the parties found acceptable. Within seven (7) calendar days after the panel composition is received. from the reporter. at the reporter’s usual cost. If all arbitrators on the first panel furnished by the Arbitration Service are stricken by the parties as unacceptable for deciding the issue. any claim asserted pursuant to this ERA Program. enforceability or formation of these Rules. The other shall have the right to obtain a copy of such record. Selection of Arbitrator and Rules of Arbitration (continued) b) The Company and the employee shall participate equally in the selection of an arbitrator. applicability. may arrange and pay for the cost of a court reporter to provide a stenographic or other record of the proceedings. and not any federal. The arbitration shall be final and binding upon the parties for all purposes. e) Either party may bring an action in any court of competent jurisdiction to compel arbitration or to enforce an arbitration award under the program. The Company and the employee then shall have the opportunity to review the background of the arbitrators by examining the materials provided by the Arbitration Service. _____________________________________________________________________ 5. and/or federal law. The arbitrator. g) The arbitrator may award any and all remedies.

Each side shall be permitted to take two fact and one expert witness deposition as a matter of right. The employee may request that the Company produce other Company employees to appear and testify before the arbitrator as witnesses. 15 . Fees & Costs Any filing fees of the agency. whether oral or by Affidavit. shall be paid entirely by the Company unless the employee requests a different arrangement. Reasonable Discovery and Admissible Evidence (continued) a) At least forty-five (45) days before the arbitration hearing. and others retained or consulted by a party shall be borne by the party utilizing those services. if any. d) The employee and the Company shall have the right to subpoena witnesses and documents to be produced at the arbitration hearing. each party will provide the other with a list of documents and the names and addresses of witnesses. In addition. and will permit reasonable access to those documents and individuals relevant to the claims. upon which either party intends to rely.5. _____________________________________________________________________ 6. e) All privileges recognized by law (for example. attorney. Parties must arrange for and pay for any other persons (not employees of the Company at the time of the Arbitration) whom they wish to testify at the hearing. The fees and expenses of experts. If any exhibit or document was not previously produced to the other party. within ten (10) days. each party must then. Such decisions will be final and binding upon the parties. f) The arbitrator shall decide all evidentiary matters and matters relating to discovery. at the completion of discovery. c) All discovery is to be completed at least twenty (20) calendar days before the date set for the hearing. who shall be guided by the Federal Rules of Evidence in determining admissibility. based upon a showing of substantial need. clergy-penitent or doctor-patient) will be fully applicable. A party who is properly notified of the schedule for his or her deposition and who fails to appear will be liable to the other party for the reasonable costs incurred by the other party in setting up the deposition. if necessary. The parties may offer all relevant.client or attorney workproduct. provided arrangements have been made in advance with the Human Resources Department. consultants. b) Additional discovery shall be available upon application and order from the arbitrator. inter-spousal. including experts. supplement its list of witnesses and exhibits. All testimony. a copy of it also must be produced at this time. non-privileged evidence as determined by the arbitrator. as well as all fees and incidental expenses of the arbitrator. The arbitrator shall be guided by the Federal Rules of Evidence and the Federal Rules of Civil Procedure pertaining to discovery in making such determinations. will be given under oath. Neither you nor other Company employees will lose pay for regular time lost from work to participate in or testify at a hearing.

_____________________________________________________________________ 8. Section 1. For matters that should be arbitrated under the ERA Program. C. is being. et seq.000. Any party may be represented by counsel or by any other authorized representative. and the Uniform Arbitration Act of Pennsylvania. each party shall pay for its own costs. This includes. payments of any amounts of money in any government agency or court action or proceeding. consultants.A. _____________________________________________________________________ 9.S. 9 U. Additional Remedies The arbitrator shall have the authority to assess an appropriate sanction. will be. witness’ and attorneys’ fees. in the event the arbitrator finds the claim or defenses were not well-grounded in fact. Enforceability Any award rendered pursuant to the ERA Program shall be enforceable and subject to the Federal Arbitration Act. regardless of the state in which the arbitration is held or the substantive law applied in the arbitration. and others retained or consulted. or other damages. Preclusive Effect and Bar to Other Proceedings The ERA Program and its Rules and Procedures preclude litigation or re-litigation in any federal. expenses and attorneys’ or other fees. Section 7301 et seq. 16 . except as described above.. 42 Pa. penalties. however. front pay. or right to share in.00) for the employee’s attorney’s fees incurred at the mediation or arbitration phase. The Company or its employees may be entitled to recover money in actions to compel arbitration or to enforce an Arbitrator’s award under this ERA Program. Settlement The parties may settle their dispute at any time. without limitation.S. if any. Failure on the part of the employee to exhaust the Arbitration Phase under the the Company ERA Program within the time limits specified shall be a complete defense to Company liability on any claim in any court of law. including payment of a party’s legal fees and the costs of Arbitration and other penalties consistent with the applicable law of the jurisdiction applied by the arbitrator. employees who were active at the time the ERA Program became effective. the Company and its employees are barred from the recovery of. will be eligible to receive a one-time reimbursement of up to one thousand dollars ($1. _____________________________________________________________________ 7. such as harassment or retaliation. Fees & Costs (continued) While each party is responsible for expenses of experts.6. costs.. the right to recover or share in the payments described in this ERA Program is limited by the availability of all legal remedies at arbitration. were not warranted by existing law or were asserted for an improper purpose. _____________________________________________________________________ 10. or could or should have been arbitrated under the ERA Program. back pay. Once the claim has reached the arbitration phase. state or local court by either the Company or its employees of any claim that has been.

. on the subject of the effect. 9 U. or the Uniform Arbitration Act of Pennsylvania. in whole or in part.S. such judgment shall not affect the validity of the remainder of the ERA Program or its Rules and Procedures. C. _____________________________________________________________________ 13. except as specifically set forth in this Procedure. oral or written. This Arbitration Agreement shall survive the termination of employment.11. Sole and Entire Statement of Procedure This is the Company’s complete procedure on the subject of arbitration of issues and supersedes any prior or current oral or written understanding on the subject. enforceability or meaning of this Procedure. Either party may appeal the arbitrator’s decision to a court in accordance with the appeal procedures of the Federal Arbitration Act. 8/08 17 .S. _____________________________________________________________________ 12. 42 Pa. Requirements for Modification or Revocation This Arbitration Agreement can only be revoked or modified by a writing signed by the Company that specifically states an intent to revoke or modify the application of this Procedure and gives at least thirty (30) days written notice of the change. et seq. Section 7301. Appeal Rights The award rendered by the arbitrator shall be final and binding as to both the employee and the Company. _____________________________________________________________________ Severability If any provision of the ERA Program or its Rules and Procedures is adjudged to be void or otherwise unenforceable. Neither party may rely on any representations.C. Section 1 et seq.A.

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