isubTECH is committed to prompt and fair resolution of all disputes of any nature which may arise in the workplace. This policy governs all aspects of employment dispute resolution, including all legal claims that the employee may have against the company, up to and including discharge, and any claims of discrimination based upon race, color, sex, disability, religion, national origin, age or any other protected attribute, or any claims arising under any federal, state, local law or any common law. This dispute resolution procedure is a condition of employment with isubTECH.
Discuss with Supervisor if possible
Employees should promptly discuss any problems or concerns that are related to their work in any way with their immediate supervisor. If the immediate supervisor is the cause of the problem or if the employee feels uncomfortable discussing the matter with the supervisor, issues may be raised initially with the President.
Make a Good Faith Effort to resolve the matter
Whenever issues are raised, both the company and the employee will undertake to make a good faith effort to resolve the matter by openly discussing the matter and attempting to reach a resolution. If resolution is not achieved, the issue may be referred to the President who will conduct such investigation as she deems appropriate and meet with the employee in a sincere effort to discuss, analyze and resolve the matter. If a mutual resolution is not reached, the President may issue a determination on the issue which shall be final unless the employees invokes mediation under this procedure.
Employee May Request mediation
If the employee is dissatisfied with the President's decision and the claim involves a material aspect of the employment or an allegation of violation of any law, the employee can request that the matter be submitted to mediation. The parties shall jointly designate a mediator, or if the parties cannot agree, the employer can request that a mediator be designated from any one of three or more certified mediation organizations located in the metropolitan area that the employee designates. The cost of the mediation shall be borne equally by the company and the employee, unless the parties agree otherwise. The company and the employer are obligated to make a good faith effort to resolve the issue through mediation.
May Refer Matter to Arbitration
- If the matter is not resolved in mediation, either party may request that the matter be referred to arbitration by making a written request of the other party within sixty days of the conclusion of mediation. If the parties do not mutually designate an arbitrator, one will be selected under the rules and regulations of the American Arbitration Association for the arbitration of employment disputes. Upon the employee’s request, an arbitration hearing will be held under the AAA Arbitration rules. The decision of the Arbitartor will be final and binding upon both parties. Judgment upon the arbitration award may be entered by any court having jurisdiction. The cost of the arbitration will be borne equally by the parties, unless otherwise directed by the arbitrator in the award.