Fill and Sign the Agreement Arbitrator Form

Agreement Between Arbitrator, Union and Company Agreement made (date) , between ____________, Inc. , a corporation organized and existing under the laws of ________________ ( state) , with its principal office located at _________________________________ (street address, city, county, state, zip code) , hereinafter referred to as the Company , _________________________ , a corporation organized and existing under the laws of _________________ ( state) , with its principal office located at ___________________________________ (street address, city, county, state, zip code), hereinafter referred to as the Union, and ________________ , of _____________________ (street address, city, county, state, zip code), hereinafter referred to as the Arbitrator. 1. Employment The Company and the Union do hereby retain Arbitrator to serve as the arbitrator between the Company and Union , for a term ending ___________ ( date) , subject to the terms and conditions of this Agreement and that certain Labor Agreement between Company and Union of ____________ ( date) . 2. Compensation The Union and the Company each agree to pay Arbitrator one-half of the sum of: A. A retainer of _______________ (dollar amount ) per month for the term of this Agreement, or until such time as the Agreement is terminated in accordance with Sections 4 and 5 below; B. A per diem of __________________ (dollar amount ) for each day required by Arbitrator to perform his duties as the arbitrator of a grievance or dispute between Union and Company ; and C. Such business expenses as are reasonably incurred by Arbitrator while acting as arbitrator of a grievance or dispute between Union and Company. 3. Payment On the first day of each month, Arbitrator shall bill the Company and the Union each for one-half of the Arbitrator’s retainer for the current month, plus one-half of the amount due for per diem services and business expenses incurred during the preceding month. The Company and Union each agree to pay such billings on or before the _____day of the month. 4. Termination by Company or Union If either the Company or the Union desires to terminate the services of Arbitrator prior to the expiration date of this Agreement, it may do so by giving notice in writing to Arbitrator and the other party. Such notice shall include a termination date and shall be effective as of such date. Subsequently, Arbitrator shall accept no new cases nor hold further hearings pursuant to this Agreement (except to complete hearings, if any, in which the evidence has not been completed). Arbitrator shall, however, complete any hearings in which partial evidence has been heard and render decision on such hearings and on any pending cases in which hearings have been completed. Each of the parties shall pay to Arbitrator one-half of all unpaid retainer due on the termination date, all unpaid fees, and all unpaid expenses, and the party issuing such termination notice shall make further payment of _________________ (dollar amount) as a termination fee to Arbitrator for loss of income resulting to Arbitrator from such termination. 5. Termination by Arbitrator Arbitrator , at any time, by written notice to the Company and the Union , may terminate his service under this Agreement, provided, however, that if not incapacitated, Arbitrator shall render decisions in all cases in which hearings have been completed. If Arbitrator terminates his services, he agrees to waive all rights to further retainer but shall be entitled to such further per diem and expense payments as may be requested in conducting his services. 6. Uncompleted Cases Although the Arbitrator shall not be entitled to any termination fee if his authority terminates by expiration of the stated term, the provisions of this Agreement as to completion and decision of uncompleted cases shall apply. 7. Grievance Procedure It is the intent of all the parties to this Agreement that every effort of the Union and the Company be directed toward disposition of grievance cases before participation in the cases by Arbitrator is requested. 8. Independent Contractor . The parties acknowledge and agree that Arbitrator shall be at all times hereunder an independent contractor and not an employee of either Union or Company. Neither Union nor Company shall have any direct control over the methods or means by which Arbitrator shall perform the services hereunder, and at all times during this Agreement, Arbitrator shall exercise his own independent professional judgment in connection with the performance of his services under this Agreement . 9. Benefits A. Because Arbitrator will be providing his services to the Union and the Company as an independent contractor and not as an employee of either Union or Company , he shall not be entitled to participate in any benefit program (i.e., health insurance, sick days, vacation days, etc.) which Union or Company may, from time to time, establish and maintain for the benefit of employees and/or members. Arbitrator hereby releases and relinquishes any claim that he may now or may hereinafter have and forever discharges the Union and the Company from any obligation to him in connection with any employee or member benefit program established or maintained by the Union or the Company on behalf of their members or employees. B. Because Arbitrator will be providing his services to the Union and the Company as an independent contractor , neither Union nor Company shall have any responsibility for the collection or payment of any federal, state or local payroll tax in connection with any fees paid to Arbitrator pursuant to this Agreement . Arbitrator shall be responsible for any and all federal, state or local employment or other taxes incurred in connection with any fees paid to him in connection with this Agreement. 10. Assignment Neither this Agreement, nor any rights and obligations under this Agreement, may be assigned by any party without the prior written consent of all of the parties. 11. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. Miscellaneous A. This Agreement embodies the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and may be changed only by an instrument in writing signed by all the parties. B. This Agreement shall be construed in accordance with and governed by the laws of the State of _____________. C. Any notice required or permitted to be given under this Agreement shall be sufficient if personally delivered or if mailed by certified mail, return receipt requested, or by courier guaranteeing overnight delivery, to the parties at their last known addresses, or at such other address as either party shall designate in writing. WITNESS our signatures as of the day and date first above stated. ___________________, Inc. ________________________ _____________________ By_____________________ By_______________________ (Name and Office) (Name and Office)