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0202 60 TN;
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ABRAHAM MATHEW, SBN 181110
abraham@matthewandgeorge.com
JACOB GEORGE, SBN 213612
jacob@matthewandgeorge.com
MATHEW & GEORGE JU
500 South Grand Avenue, Suite 2050 . L 22 2020
Los Angeles. California 90071
Telephone: (310) 478-4349 yc eERK THE Counp
Fax: (310) 478-9580 ‘
Attorneys for Plaintiff
DIMITRIUS BROOKS
BRENT M. DOUGLAS (SBN 268277)
bdouglas@martensonlaw.com
AMIR H. AZIMZADEH (SBN 292474) -
aazimzadeh@martensonlaw.com
MARTENSON, HASBROUCK & SIMON LLP
5800 Armada Drive, Suite 101
Carlsbad, California 92008
Telephone: (760) 683-8499
Facsimile: (442) 244-0821
Attorneys for Defendants
UNIVERSAL PROTECTION SERVICE, LP
and ALLIEDBARTON SECURITY SERVICES, LP
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
DIMITRIUS BROOKS, CASE NO.: CGC-20-583999
Plaintiff, ASSIGNED TO THE HONORABLE JUDGE
v.
JOINT STIPULATION AND [PRO SED]
UNIVERSAL. PROTECTION SERVICE, ORDER SUBMITTING ACTION TO
LP, a California Limited Partnership; BINDING ARBITRATION
ALLIEDBARTON SECURITY SERVICES .
LP a Delaware Limited Partnership. and Dept: 610
DOES I through 10. inclusive. Complaint Filed: April 1, 2020
Defendants. Trial Date: Not Set
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JOINT STIPULATION AND (PROROSED] ORDER SUBMITTING ACTION TO BINDING ARBITRATION
GARRETT L. WONG awa
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Plaintiff Dimitrius Brooks, acting through his counsel, Abraham Mathew and Susan
Alexander of Mathew & George, and Defendants Universal Protection Service, LP and
AlliedBarton Security Services, LP, acting through its counsel, Brent M. Douglas and Amir H.
Azimzadeh of Martenson, Hasbrouck & Simon LLP, hereby agree and stipulate that:
WHEREAS, the Complaint in this matter was filed on April 1, 2020, in San Francisco
County Superior Court, alleging claims for (1) Race Discrimination in Violation of California
Govt. Code §§ 12940, et seq.; (2) Disability Discrimination in Violation of California Govt.
Code § § 12940, et seq.; (3) Failure to Accommodate; (4) Failure to Engage in the Interactive
Process; (5) Retaliation in Violation of California Govt. Code § § 12940, et seq.; (6)
Harassment in Violation of California Govt. Code § § 12940, et seq.; (7) Failure to Prevent
Discrimination and Retaliation in Violation of California Govt. Code § § 12940, et seq.; (8)
Wrongful Termination in Violation of California Govt. Code § § 12940 et seq.; (9) Wrongful
Termination in Violation of Public Policy; and (10) Intentional Infliction of Emotional Distress.
WHEREAS Plaintiff executed an acknowledgment dated July 15, 2015, agreeing to
submit to arbitration “all valid claims or causes of action that [Plaintiff] may have against
[Defendants], or [Defendant] against [Plaintiff], a true and correct copy of which is attached
hereto as Exhibit A, and;
WHEREAS after Plaintiff filed his Complaint in this Court, the parties met and
conferred. Subsequently, the parties confirmed that they would submit to binding arbitration
pursuant to the arbitration agreement.
Therefore, subject to the approval of this Court, it is hereby stipulated and agreed that:
1. This action shall be submitted to binding arbitration pursuant to the terms of the
written arbitration agreement signed by Plaintiff;
2. All proceedings in this action shall be stayed pending the completion of the
arbitration;
3. Defendant confirms that it will pay for the entire cost of arbitration (meaning the
arbitration forum fees and arbitrator fees); and
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JOINT STIPULATION AND [PROPOSED] ORDER SUBMITTING ACTION TO BINDING ARBITRATION4. The award of the arbitrator shall constitute a final determination of the matter as
to all parties and all claims and shall be submitted as the judgment in this action.
DATE: June _18 , 2020
By:
ABRABAMIMATHEW
SUSAN ALEXANDER
Attorneys for Plaintiff
DIMITRIUS BROOKS
DATE: June 18 , 2020 MARTENSON, HASBROUCK & SIMON LLP
oe Ae Ae
BRENT M. DOUGLAS
AMIR H. AZIMZADEH
Attorneys for Defendants
UNIVERSAL PROTECTION SERVICE, LP
and ALLIEDBARTON SECURITY
SERVICES, LP
ORDER
Pursuant to this Stipulation, IT IS SO ORDERED that this action be compelled to final
and binding arbitration and that the action is stayed pending completion of arbitration.
IT IS SO ORDERED. :
DATE: Jn, d Mw
Ss
HON, GSEREFFE- WONG.
ETHAN P. SCHULMAN
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JOINT STIPULATION AND [PROPOSED] ORDER SUBMITTING ACTION TO BINDING ARBITRATION
yw4 AG AEXHIBIT AARBITRATION POLICY AND AGREEMENT
New Non-Union Employees in California
In recognition that differences between AlliedBarton Security Services L.P. and its
employees may arise during the employment relationship and/or as a result of the termination of
that relationship, the Company has adopted this mandatory Arbitration Policy and Agreement as
a condition of employment to provide for the mutually agreed use of a streamlined and efficient
arbitration process for the resolution of any such disputes as an alternative to litigating such
claims in court. By accepting and/or continuing employment with AlliedBarton, you agree to
the terms of this Policy and Agreement.
1. Parties and Effective Date: The Parties to this Arbitration Policy and Agreement (the
“Agreement”) are the undersigned Employee and AlliedBarton Security Services L.P., its
officers, directors, agents, employees, parents, subsidiaries, affiliated entities and their respective
successors and assigns (collectively, “AlliedBarton”). AlliedBarton and the Employee are
collectively referred to herein as the Parties. The Effective Date of this Agreement is thirty (30)
calendar days after the Arbitration Policy and Agreement is provided to the Employee.
2. Claims Covered by this Agreement: To the fullest extent authorized by law, the Parties
mutually agree to the resolution by binding arbitration of all valid claims or causes of action that
the Employee may have against AiliedBarton, or AlliedBarton against Employee, which could be
brought in a court of law (collectively claims"), The claims covered by this Arbitration Policy
and Agreement include, but are not limited to, claims for breach of any contract or covenant
(written or oral, express or implied); tort claims; claims for discrimination and/or harassment;
claims for wrongful termination; claims for retaliation; and, claims for violation of any law,
statute, regulation, ordinance or common law, including, but not limited to, all claims arising
under Title VII of the Civil Rights Act of 1964, as amended, California’s Unruh Civil Rights
Act, the Age Discrimination in Employment Act of 1967, the Older Workers’ Benefit Protection
Act of 1990, the Americans with Disabilities Act, the California Fair Employment & Housing
Act, the California Labor Code (including claims brought pursuant to the Private Attorneys
General Act), the California Health & Safety Code, California’s Confidentiality of Medical
Information Act, the Family and Medical Leave Act, the Moore-Brown-Roberti Family Rights
Act/California Family Care and Medical Leave Law, the Consolidated Omnibus Budget
Reconciliation Act of 1985, the Fair Labor Standards Act, and any other applicable federal, state,
or local laws relating to discrimination in employment and/or wage and hour laws, whether
currently in force or enacted hereafter. All claims for injunctive and/or other equitable relief
shall be covered by this Arbitration Policy and Agreement.
Covered claims include any claim arising from incidents, facts, or circumstances occurring prior
to the Effective Date of this Agreement, any claims that arise thereafter, and claims that are the
subject of purported putative class, collective, consolidated, or representative action litigation.
Error! Unknown document property name..Error! Unknown document property name.3. Claims Not Covered by the Policy and Agreement: This Arbitration Policy and
Agreement does not cover claims Employee may have for workers’ compensation,
unemployment compensation benefits, medical or other employee welfare benefits, including all
claims brought under the Employee Retirement Income Security Act (ERISA), or any other
claims found not subject to mandatory arbitration by governing law. Additionally, nothing in
this Arbitration Policy and Agreement precludes Employee from filing a charge or from
participating in an administrative investigation of a charge before an appropriate government
agency such as the Equal Employment Opportunity Commission, the California Department of
Fair Employment and Housing, the National Labor Relations Board, or similar state agency.
Additionally, neither the Employee nor AlliedBarton shall have a right to: (a) arbitrate any claim
on a class action basis or in a purported representative capacity on behalf of any of
AlliedBarton’s workers, employees, applicants or other persons similarly situated; (b) join or
consolidate in any arbitration claims brought by or against another worker, employee, applicant
or AlliedBarton, unless agreed to in writing by all parties; (c) litigate any claims in court or to
have a bench or jury trial on any claims covered by this Agreement; and/or (d) participate in a
representative capacity or as a member of any class of claimants in an action in a court of law
pertaining to any claims encompassed by this Arbitration Policy and Agreement. No remedies or
defenses that would otherwise be available to the Parties individually in a court of law are being
forfeited under this Arbitration Policy and Agreement.
Any dispute concerning the validity or enforceability of this Agreement shall be resolved by a
court of law. Any dispute over the arbitrability of any particular claim shall be resolved by a
court of law. The interpretation and enforceability of this Agreement shall be governed by the
Federal Arbitration Act. To the extent that a court determines that any portion of this
Agreement, including the class, collective and/or representative action waiver, is unenforceable,
the Parties intend for the remainder of that provision and the Agreement as a whole to be
enforced to the fullest extent permitted by law. However, the Parties expressly do not agree to
the resolution of any class, collective or representative claim in atbitration. The arbitrator may
not consolidate more than one individual’s claims, and may not otherwise preside over any form
of a class, collective, or representative proceeding. Any arbitration ruling by an arbitrator
consolidating the disputes of two or more employees or allowing class or collective action
arbitration would be contrary to the intent of this Arbitration Policy and Agreement. In the event
it is determined that a dispute between the Parties involves both arbitrable claims and non-
arbitrable claims (any claim required to be resolved in court as opposed to arbitration), the
Parties agree that any arbitrable claims shall be resolved first and that any non-arbitrable claims
"shall be stayed pending resolution of the arbitrable claim(s).
4. Required Notice of All Claims and Effort to Informally Resolve Dispute: The party
seeking to raise any claim(s) under this Arbitration Policy and Agreement must give written
notice of the claim(s) to the other party. The written notice shall identify and describe the nature
of all claims asserted and the general facts upon which such claims are based. An Employee
shall provide the written notice to AlliedBarton’s Employment Practices Group c/o Legal
Services Group, via electronic mail at EmploymentPracticesGroup@alliedbarton.com or via
United States Mail to:
2
Error! Unknown document property name.Error! Unknown document property name.Employment Practices Group
c/o Legal Services Group
Eight Tower Bridge
161 Washington Street, Suite 600
Conshohocken, PA 19428
The party giving notice of a claim shall allow the other party 30 days to respond to allow
for the possibility that the dispute may be capable of resolution without the need for arbitration.
If the dispute is not resolved in this manner, the claiming party may proceed with the arbitration
process under this Arbitration Policy and Agreement.
In an effort to promote informal resolution of any dispute, the Parties agree that any
statute of limitations applicable to an asserted claim shall be tolled during the 30-day period (or
for any such longer period agreed to in writing by the Parties) provided for informal resolution.
efforts as contemplated by this provision.
5. Arbitration Procedures:
(a) Applicable Rules.
Any arbitration under this Arbitration Policy and Agreement shall be conducted pursuant
to the Employment Arbitration Rules of the American Arbitration Association (“AAA”). These
Rules are available for review on the AAA website at www.adr.org. If Employee would like a
copy of the Rules, Employee may request a copy by sending an electronic mail request to
AlliedBarton’s Employment Practices Group at EmploymentPracticesGroup@alliedbarton.com,
or via written request to:
Employment Practices Group
c/o Legal Services Group
Eight Tower Bridge
161 Washington Street, Suite 600
Conshohocken, PA 19428
If there is any discrepancy between the AAA Rules and this Arbitration Policy and
Agreement, this Arbitration Policy and Agreement shall prevail. The Parties may mutually agree
to use a different but comparable arbitration service provider other than AAA.
The arbitration shall take place in the state and county where the Employee performs or
performed work for AlliedBarton, unless the Parties mutually agree to conduct the arbitration
elsewhere.
(b) Selection of Neutral Arbitrator and Scope of Authority.
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The arbitrator shall be a neutral arbitrator, selected by the agreement of the Parties, who
has previous experience arbitrating employment law disputes. If the Parties cannot agree on a
neutral arbitrator, Employee and AlliedBarton will use the strike and ranking method provided
for under AAA rules.
The neutral arbitrator shall have exclusive authority to resolve any dispute covered by
this Agreement. The arbitrator may not, however, add to or modify this Arbitration Policy and
Agreement. The same statute of limitations (except as modified in Section 4 herein), remedies,
and defenses that would apply to and be available on a claim in court will apply to and be
available on the claim in arbitration. The Parties further agree that they shall have the right to
bring a dispositive motion in arbitration (ie., Motion to Dismiss, Motion for Judgment on the
Pleadings, Motion for Summary Judgment, etc.) and that any such motion will be decided under
the appropriate standards set forth in the Federal Rules of Civil Procedure.
(c) Discovery.
The Parties agree that reasonable discovery is essential to the just resolution of any
claims which may be covered by this Arbitration Policy and Agreement. Accordingly, nothing
in this Arbitration Policy and Agreement or in the AAA Rules shall be interpreted to limit the
Parties’ rights to reasonable discovery. Rather, reasonable discovery shall be allowed that is
sufficient to ensure the adequate arbitration of any claims covered by this Arbitration Policy and
Agreement. Generally, the Parties agree that reasonable discovery means up to three depositions
per side, one set of requests for production of documents with up to 35 requests, and one set of
interrogatories with up to 25 interrogatories. In the event that the Parties believe this scope of
discovery is inadequate, the Parties shall meet and confer and try to reach agreement on the
scope of discovery and the arbitrator shall have discretion to resolve any disagreement
concerning the scopé of discovery and to allow discovery determined by the arbitrator to be
reasonably necessary to the just resolution of the dispute considering the streamlined nature and
purpose of arbitration.
(d) Post-Hearing Briefs, Written Opinion and Award.
At the election of either party, the arbitrator shall direct the parties to submit post-hearing
briefs within 30 days of the close of the arbitration hearing. The arbitrator shall issue a written
opinion and award within 30 days following the deadline for submission of post-hearing briefs.
. The written opinion and award shall be signed and dated, and shall generally set forth the reasons
for the arbitrator’s decision. The arbitrator shall be permitted to award those remedies and
damages that are available under applicable law and that would otherwise be available in a court
of law. The arbitrator's decision regarding the claims shall be final and binding upon the Parties.
The arbitrator's award shall be enforceable in any court having proper jurisdiction. Any party
may be represented by an attormey or other representative. The Parties' appeal rights are
governed by the Federal Arbitration Act.
(e) Arbitration Fees and Costs.
4
Error! Unknown document property name. Error! Unknown document property name.Employee will be required to pay a reasonable cost to initiate the arbitration equal to
what Employee would be charged to initiate a lawsuit in Court. AlliedBarton shall pay all fees
and costs that are unique to the arbitration process, including the arbitrator's fees. The arbitration
hearing is not required to be stenographically recorded, but may be at the option of a party. The
party requesting the arbitration hearing to be stenographically recorded is responsible for paying
for the court reporter's service.
Except as set forth above, each party shall pay its own attorneys’ fees and costs. If,
however, 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 costs, the arbitrator
may award reasonable fees and costs to the prevailing party in accordance with applicable law.
6. Term of Agreement and Modification: This Arbitration Policy and Agreement shall
commence on the Effective Date and will remain in effect even after the termination of
Employee's employment with AlliedBarton. However, the Parties may mutually agree, in
writing, not to arbitrate any claim or dispute that otherwise may be covered by this Arbitration
Policy and Agreement. Additionally, AlliedBarton may unilaterally modify or terminate this
Arbitration Policy and Agreement at any time by providing 30 days’ written notice. Any
modification or termination shall not apply to any claim initiated by the undersigned Employee
as to which written notice was given pursuant to Paragraph 4 prior to the expiration of this 30-
day notice period, and any modification or termination similarly shall not apply to any claim by
AlliedBarton against an Employee as to which written notice was given prior to the expiration of
this 30-day notice period.
7. Entire Agreement: This is the complete agreement of the Parties on the subject of
arbitration of disputes (except for any arbitration agreement that may exist in connection with
any pension or benefit plan). This Agreement supersedes any prior or contemporaneous oral or
written understanding on the subject. No party is relying on any promises, oral or written, on the
subject of the effect, enforceability, or meaning of this Agreement, except as specifically set
forth in this Agreement. Once executed, this Agreement constitutes a binding contract between
the Parties.
8. Construction of Agreement: If any provision of this Arbitration Policy and Agreement
is adjudged to be void, or otherwise unenforceable, in whole or in part, such a decision shall not
affect the validity of the remainder of this Arbitration Policy and Agreement. In such a case, this
Arbitration Policy and Agreement shall be reformed to the extent necessary to. carry out its
provisions to the greatest extent possible under the Federal Arbitration Act, and to ensure that the
resolution of any and all conflicts between the Parties be resolved by neutral, binding arbitration.
9. Waiver of Trial By Judge Or Jury: The Parties understand and fully agree that by
entering into this Agreement providing for binding arbitration, they are giving up their right to
have a trial in front of a judge or jury. The Parties anticipate that by entering this Agreement
they will gain the benefits of a speedy, impartial dispute resolution procedure.
10. Not an Employment Contract: This Arbitration Policy and Agreement is not, and shall
not be construed to create, a separate contract of employment, express or implied, nor shall this
Error! Unknown document property name..Error! Unknown document property name.Arbitration Policy and Agreement be construed in any way to change the relationship between
AlliedBarton and Employee from that of at-will employment.
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Acknowledgment of Receipt and Agreement to Arbitrate
I, the undersigned employee, acknowledge that I have received a copy of AlliedBarton’s
Axbitration Policy and Agreement, that I have been given an opportunity to read the Agreement,
and that I agree to its terms.
Date: _ D-1s -1S .
Employee Printed Name: _ Dy miteius Breaks
Enxployee Number (if available):
Employee Signature: Nowe h angels
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0202 60 TN; co OD YN DH RB Wow we Soo - Oo ABRAHAM MATHEW, SBN 181110 abraham@matthewandgeorge.com JACOB GEORGE, SBN 213612 jacob@matthewandgeorge.com MATHEW & GEORGE JU 500 South Grand Avenue, Suite 2050 . L 22 2020 Los Angeles. California 90071 Telephone: (310) 478-4349 yc eERK THE Counp Fax: (310) 478-9580 ‘ Attorneys for Plaintiff DIMITRIUS BROOKS BRENT M. DOUGLAS (SBN 268277) bdouglas@martensonlaw.com AMIR H. AZIMZADEH (SBN 292474) - aazimzadeh@martensonlaw.com MARTENSON, HASBROUCK & SIMON LLP 5800 Armada Drive, Suite 101 Carlsbad, California 92008 Telephone: (760) 683-8499 Facsimile: (442) 244-0821 Attorneys for Defendants UNIVERSAL PROTECTION SERVICE, LP and ALLIEDBARTON SECURITY SERVICES, LP SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO DIMITRIUS BROOKS, CASE NO.: CGC-20-583999 Plaintiff, ASSIGNED TO THE HONORABLE JUDGE v. JOINT STIPULATION AND [PRO SED] UNIVERSAL. PROTECTION SERVICE, ORDER SUBMITTING ACTION TO LP, a California Limited Partnership; BINDING ARBITRATION ALLIEDBARTON SECURITY SERVICES . LP a Delaware Limited Partnership. and Dept: 610 DOES I through 10. inclusive. Complaint Filed: April 1, 2020 Defendants. Trial Date: Not Set o JOINT STIPULATION AND (PROROSED] ORDER SUBMITTING ACTION TO BINDING ARBITRATION GARRETT L. WONG awa Co Mew Ir A 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Dimitrius Brooks, acting through his counsel, Abraham Mathew and Susan Alexander of Mathew & George, and Defendants Universal Protection Service, LP and AlliedBarton Security Services, LP, acting through its counsel, Brent M. Douglas and Amir H. Azimzadeh of Martenson, Hasbrouck & Simon LLP, hereby agree and stipulate that: WHEREAS, the Complaint in this matter was filed on April 1, 2020, in San Francisco County Superior Court, alleging claims for (1) Race Discrimination in Violation of California Govt. Code §§ 12940, et seq.; (2) Disability Discrimination in Violation of California Govt. Code § § 12940, et seq.; (3) Failure to Accommodate; (4) Failure to Engage in the Interactive Process; (5) Retaliation in Violation of California Govt. Code § § 12940, et seq.; (6) Harassment in Violation of California Govt. Code § § 12940, et seq.; (7) Failure to Prevent Discrimination and Retaliation in Violation of California Govt. Code § § 12940, et seq.; (8) Wrongful Termination in Violation of California Govt. Code § § 12940 et seq.; (9) Wrongful Termination in Violation of Public Policy; and (10) Intentional Infliction of Emotional Distress. WHEREAS Plaintiff executed an acknowledgment dated July 15, 2015, agreeing to submit to arbitration “all valid claims or causes of action that [Plaintiff] may have against [Defendants], or [Defendant] against [Plaintiff], a true and correct copy of which is attached hereto as Exhibit A, and; WHEREAS after Plaintiff filed his Complaint in this Court, the parties met and conferred. Subsequently, the parties confirmed that they would submit to binding arbitration pursuant to the arbitration agreement. Therefore, subject to the approval of this Court, it is hereby stipulated and agreed that: 1. This action shall be submitted to binding arbitration pursuant to the terms of the written arbitration agreement signed by Plaintiff; 2. All proceedings in this action shall be stayed pending the completion of the arbitration; 3. Defendant confirms that it will pay for the entire cost of arbitration (meaning the arbitration forum fees and arbitrator fees); and 1 JOINT STIPULATION AND [PROPOSED] ORDER SUBMITTING ACTION TO BINDING ARBITRATION4. The award of the arbitrator shall constitute a final determination of the matter as to all parties and all claims and shall be submitted as the judgment in this action. DATE: June _18 , 2020 By: ABRABAMIMATHEW SUSAN ALEXANDER Attorneys for Plaintiff DIMITRIUS BROOKS DATE: June 18 , 2020 MARTENSON, HASBROUCK & SIMON LLP oe Ae Ae BRENT M. DOUGLAS AMIR H. AZIMZADEH Attorneys for Defendants UNIVERSAL PROTECTION SERVICE, LP and ALLIEDBARTON SECURITY SERVICES, LP ORDER Pursuant to this Stipulation, IT IS SO ORDERED that this action be compelled to final and binding arbitration and that the action is stayed pending completion of arbitration. IT IS SO ORDERED. : DATE: Jn, d Mw Ss HON, GSEREFFE- WONG. ETHAN P. SCHULMAN 2 JOINT STIPULATION AND [PROPOSED] ORDER SUBMITTING ACTION TO BINDING ARBITRATION yw4 AG AEXHIBIT AARBITRATION POLICY AND AGREEMENT New Non-Union Employees in California In recognition that differences between AlliedBarton Security Services L.P. and its employees may arise during the employment relationship and/or as a result of the termination of that relationship, the Company has adopted this mandatory Arbitration Policy and Agreement as a condition of employment to provide for the mutually agreed use of a streamlined and efficient arbitration process for the resolution of any such disputes as an alternative to litigating such claims in court. By accepting and/or continuing employment with AlliedBarton, you agree to the terms of this Policy and Agreement. 1. Parties and Effective Date: The Parties to this Arbitration Policy and Agreement (the “Agreement”) are the undersigned Employee and AlliedBarton Security Services L.P., its officers, directors, agents, employees, parents, subsidiaries, affiliated entities and their respective successors and assigns (collectively, “AlliedBarton”). AlliedBarton and the Employee are collectively referred to herein as the Parties. The Effective Date of this Agreement is thirty (30) calendar days after the Arbitration Policy and Agreement is provided to the Employee. 2. Claims Covered by this Agreement: To the fullest extent authorized by law, the Parties mutually agree to the resolution by binding arbitration of all valid claims or causes of action that the Employee may have against AiliedBarton, or AlliedBarton against Employee, which could be brought in a court of law (collectively claims"), The claims covered by this Arbitration Policy and Agreement include, but are not limited to, claims for breach of any contract or covenant (written or oral, express or implied); tort claims; claims for discrimination and/or harassment; claims for wrongful termination; claims for retaliation; and, claims for violation of any law, statute, regulation, ordinance or common law, including, but not limited to, all claims arising under Title VII of the Civil Rights Act of 1964, as amended, California’s Unruh Civil Rights Act, the Age Discrimination in Employment Act of 1967, the Older Workers’ Benefit Protection Act of 1990, the Americans with Disabilities Act, the California Fair Employment & Housing Act, the California Labor Code (including claims brought pursuant to the Private Attorneys General Act), the California Health & Safety Code, California’s Confidentiality of Medical Information Act, the Family and Medical Leave Act, the Moore-Brown-Roberti Family Rights Act/California Family Care and Medical Leave Law, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Fair Labor Standards Act, and any other applicable federal, state, or local laws relating to discrimination in employment and/or wage and hour laws, whether currently in force or enacted hereafter. All claims for injunctive and/or other equitable relief shall be covered by this Arbitration Policy and Agreement. Covered claims include any claim arising from incidents, facts, or circumstances occurring prior to the Effective Date of this Agreement, any claims that arise thereafter, and claims that are the subject of purported putative class, collective, consolidated, or representative action litigation. Error! Unknown document property name..Error! Unknown document property name.3. Claims Not Covered by the Policy and Agreement: This Arbitration Policy and Agreement does not cover claims Employee may have for workers’ compensation, unemployment compensation benefits, medical or other employee welfare benefits, including all claims brought under the Employee Retirement Income Security Act (ERISA), or any other claims found not subject to mandatory arbitration by governing law. Additionally, nothing in this Arbitration Policy and Agreement precludes Employee from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency such as the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the National Labor Relations Board, or similar state agency. Additionally, neither the Employee nor AlliedBarton shall have a right to: (a) arbitrate any claim on a class action basis or in a purported representative capacity on behalf of any of AlliedBarton’s workers, employees, applicants or other persons similarly situated; (b) join or consolidate in any arbitration claims brought by or against another worker, employee, applicant or AlliedBarton, unless agreed to in writing by all parties; (c) litigate any claims in court or to have a bench or jury trial on any claims covered by this Agreement; and/or (d) participate in a representative capacity or as a member of any class of claimants in an action in a court of law pertaining to any claims encompassed by this Arbitration Policy and Agreement. No remedies or defenses that would otherwise be available to the Parties individually in a court of law are being forfeited under this Arbitration Policy and Agreement. Any dispute concerning the validity or enforceability of this Agreement shall be resolved by a court of law. Any dispute over the arbitrability of any particular claim shall be resolved by a court of law. The interpretation and enforceability of this Agreement shall be governed by the Federal Arbitration Act. To the extent that a court determines that any portion of this Agreement, including the class, collective and/or representative action waiver, is unenforceable, the Parties intend for the remainder of that provision and the Agreement as a whole to be enforced to the fullest extent permitted by law. However, the Parties expressly do not agree to the resolution of any class, collective or representative claim in atbitration. The arbitrator may not consolidate more than one individual’s claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. Any arbitration ruling by an arbitrator consolidating the disputes of two or more employees or allowing class or collective action arbitration would be contrary to the intent of this Arbitration Policy and Agreement. In the event it is determined that a dispute between the Parties involves both arbitrable claims and non- arbitrable claims (any claim required to be resolved in court as opposed to arbitration), the Parties agree that any arbitrable claims shall be resolved first and that any non-arbitrable claims "shall be stayed pending resolution of the arbitrable claim(s). 4. Required Notice of All Claims and Effort to Informally Resolve Dispute: The party seeking to raise any claim(s) under this Arbitration Policy and Agreement must give written notice of the claim(s) to the other party. The written notice shall identify and describe the nature of all claims asserted and the general facts upon which such claims are based. An Employee shall provide the written notice to AlliedBarton’s Employment Practices Group c/o Legal Services Group, via electronic mail at EmploymentPracticesGroup@alliedbarton.com or via United States Mail to: 2 Error! Unknown document property name.Error! Unknown document property name.Employment Practices Group c/o Legal Services Group Eight Tower Bridge 161 Washington Street, Suite 600 Conshohocken, PA 19428 The party giving notice of a claim shall allow the other party 30 days to respond to allow for the possibility that the dispute may be capable of resolution without the need for arbitration. If the dispute is not resolved in this manner, the claiming party may proceed with the arbitration process under this Arbitration Policy and Agreement. In an effort to promote informal resolution of any dispute, the Parties agree that any statute of limitations applicable to an asserted claim shall be tolled during the 30-day period (or for any such longer period agreed to in writing by the Parties) provided for informal resolution. efforts as contemplated by this provision. 5. Arbitration Procedures: (a) Applicable Rules. Any arbitration under this Arbitration Policy and Agreement shall be conducted pursuant to the Employment Arbitration Rules of the American Arbitration Association (“AAA”). These Rules are available for review on the AAA website at www.adr.org. If Employee would like a copy of the Rules, Employee may request a copy by sending an electronic mail request to AlliedBarton’s Employment Practices Group at EmploymentPracticesGroup@alliedbarton.com, or via written request to: Employment Practices Group c/o Legal Services Group Eight Tower Bridge 161 Washington Street, Suite 600 Conshohocken, PA 19428 If there is any discrepancy between the AAA Rules and this Arbitration Policy and Agreement, this Arbitration Policy and Agreement shall prevail. The Parties may mutually agree to use a different but comparable arbitration service provider other than AAA. The arbitration shall take place in the state and county where the Employee performs or performed work for AlliedBarton, unless the Parties mutually agree to conduct the arbitration elsewhere. (b) Selection of Neutral Arbitrator and Scope of Authority. Error! Unknown document property name..Error! Unknown document property name.Co The arbitrator shall be a neutral arbitrator, selected by the agreement of the Parties, who has previous experience arbitrating employment law disputes. If the Parties cannot agree on a neutral arbitrator, Employee and AlliedBarton will use the strike and ranking method provided for under AAA rules. The neutral arbitrator shall have exclusive authority to resolve any dispute covered by this Agreement. The arbitrator may not, however, add to or modify this Arbitration Policy and Agreement. The same statute of limitations (except as modified in Section 4 herein), remedies, and defenses that would apply to and be available on a claim in court will apply to and be available on the claim in arbitration. The Parties further agree that they shall have the right to bring a dispositive motion in arbitration (ie., Motion to Dismiss, Motion for Judgment on the Pleadings, Motion for Summary Judgment, etc.) and that any such motion will be decided under the appropriate standards set forth in the Federal Rules of Civil Procedure. (c) Discovery. The Parties agree that reasonable discovery is essential to the just resolution of any claims which may be covered by this Arbitration Policy and Agreement. Accordingly, nothing in this Arbitration Policy and Agreement or in the AAA Rules shall be interpreted to limit the Parties’ rights to reasonable discovery. Rather, reasonable discovery shall be allowed that is sufficient to ensure the adequate arbitration of any claims covered by this Arbitration Policy and Agreement. Generally, the Parties agree that reasonable discovery means up to three depositions per side, one set of requests for production of documents with up to 35 requests, and one set of interrogatories with up to 25 interrogatories. In the event that the Parties believe this scope of discovery is inadequate, the Parties shall meet and confer and try to reach agreement on the scope of discovery and the arbitrator shall have discretion to resolve any disagreement concerning the scopé of discovery and to allow discovery determined by the arbitrator to be reasonably necessary to the just resolution of the dispute considering the streamlined nature and purpose of arbitration. (d) Post-Hearing Briefs, Written Opinion and Award. At the election of either party, the arbitrator shall direct the parties to submit post-hearing briefs within 30 days of the close of the arbitration hearing. The arbitrator shall issue a written opinion and award within 30 days following the deadline for submission of post-hearing briefs. . The written opinion and award shall be signed and dated, and shall generally set forth the reasons for the arbitrator’s decision. The arbitrator shall be permitted to award those remedies and damages that are available under applicable law and that would otherwise be available in a court of law. The arbitrator's decision regarding the claims shall be final and binding upon the Parties. The arbitrator's award shall be enforceable in any court having proper jurisdiction. Any party may be represented by an attormey or other representative. The Parties' appeal rights are governed by the Federal Arbitration Act. (e) Arbitration Fees and Costs. 4 Error! Unknown document property name. Error! Unknown document property name.Employee will be required to pay a reasonable cost to initiate the arbitration equal to what Employee would be charged to initiate a lawsuit in Court. AlliedBarton shall pay all fees and costs that are unique to the arbitration process, including the arbitrator's fees. The arbitration hearing is not required to be stenographically recorded, but may be at the option of a party. The party requesting the arbitration hearing to be stenographically recorded is responsible for paying for the court reporter's service. Except as set forth above, each party shall pay its own attorneys’ fees and costs. If, however, 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 costs, the arbitrator may award reasonable fees and costs to the prevailing party in accordance with applicable law. 6. Term of Agreement and Modification: This Arbitration Policy and Agreement shall commence on the Effective Date and will remain in effect even after the termination of Employee's employment with AlliedBarton. However, the Parties may mutually agree, in writing, not to arbitrate any claim or dispute that otherwise may be covered by this Arbitration Policy and Agreement. Additionally, AlliedBarton may unilaterally modify or terminate this Arbitration Policy and Agreement at any time by providing 30 days’ written notice. Any modification or termination shall not apply to any claim initiated by the undersigned Employee as to which written notice was given pursuant to Paragraph 4 prior to the expiration of this 30- day notice period, and any modification or termination similarly shall not apply to any claim by AlliedBarton against an Employee as to which written notice was given prior to the expiration of this 30-day notice period. 7. Entire Agreement: This is the complete agreement of the Parties on the subject of arbitration of disputes (except for any arbitration agreement that may exist in connection with any pension or benefit plan). This Agreement supersedes any prior or contemporaneous oral or written understanding on the subject. No party is relying on any promises, oral or written, on the subject of the effect, enforceability, or meaning of this Agreement, except as specifically set forth in this Agreement. Once executed, this Agreement constitutes a binding contract between the Parties. 8. Construction of Agreement: If any provision of this Arbitration Policy and Agreement is adjudged to be void, or otherwise unenforceable, in whole or in part, such a decision shall not affect the validity of the remainder of this Arbitration Policy and Agreement. In such a case, this Arbitration Policy and Agreement shall be reformed to the extent necessary to. carry out its provisions to the greatest extent possible under the Federal Arbitration Act, and to ensure that the resolution of any and all conflicts between the Parties be resolved by neutral, binding arbitration. 9. Waiver of Trial By Judge Or Jury: The Parties understand and fully agree that by entering into this Agreement providing for binding arbitration, they are giving up their right to have a trial in front of a judge or jury. The Parties anticipate that by entering this Agreement they will gain the benefits of a speedy, impartial dispute resolution procedure. 10. Not an Employment Contract: This Arbitration Policy and Agreement is not, and shall not be construed to create, a separate contract of employment, express or implied, nor shall this Error! Unknown document property name..Error! Unknown document property name.Arbitration Policy and Agreement be construed in any way to change the relationship between AlliedBarton and Employee from that of at-will employment. 6 Error! Unknown document property name. Error! Unknown document property name.Brod, Marcas Acknowledgment of Receipt and Agreement to Arbitrate I, the undersigned employee, acknowledge that I have received a copy of AlliedBarton’s Axbitration Policy and Agreement, that I have been given an opportunity to read the Agreement, and that I agree to its terms. Date: _ D-1s -1S . Employee Printed Name: _ Dy miteius Breaks Enxployee Number (if available): Employee Signature: Nowe h angels Errer! Unknown document property name. Error! Unknown document property name.