P.O. Box 2074, Warren, MI 48090-2074
TO: Management and Management Support Employees
SUBJECT: Dispute Resolution Process
General Dynamics Land Systems, Inc. has always encouraged the resolution of
employee disputes and legal claims through traditional management
communication channels with assistance from Human Resources, the
Ombudsman, or the Business Ethics Office. Employees have had the option to
redress major employment and termination issues through the Management
Review process and an appeal to a neutral arbitrator for claims based on legally
protected rights. As you are aware, since March 1, 1996, GDLS has had in
place a specific written process for the resolution of disputes. Effective January
1, 2001, GDLS instituted an expanded and improved process for the resolution
of disputes, which include the arbitration of certain legal claims of the Company,
and provision of 30 days’ notice of any changes in the process.
This booklet detailing the Dispute Resolution Process should be read carefully.
It is an essential element of your employment relationship and compliance with it
is a condition of your employment. This booklet explains how employment
related disputes will be resolved through a four step process: Step 1-Functional
Review; Step 2-Human Resources Review; Step 3-Management Appeals
Committee; and Step 4-Arbitration. The Functional Review includes the option
for resolution up to and including review by the employee’s functional Vice
President. It is expected that most issues will be resolved at this level.
If employees are not satisfied with decisions of the Functional Review and the
Human Resources Review, they have the option to request a review by a
Management Appeals Committee. This review will be conducted by one
(1) randomly selected Vice President and two (2) randomly selected senior
managers who are outside the appealing employee's functional organization.
The Management Appeals Committee decision will be final except for claims that
are based on legally protected rights such as race, age or sex discrimination.
Employee and Company claims that are based on certain legally protected rights
are eligible for review and resolution through Arbitration following the decision of
the Management Appeals Committee. As a prerequisite to arbitration, the
appealing employee will be required to pursue resolution through the first three
steps of the process first.
Arbitration represents the final step for employees and the Company to resolve
claims that are based on certain legally protected rights. Arbitration will be
conducted by arbitrators from the American Arbitration Association, who will be
jointly selected by the employee and the Company to render a final and binding
decision. The arbitration process offers several advantages to both the
employee and the Company:
Speed. Court proceedings are cumbersome, lengthy and frequently leave
neither party with an acceptable result. The arbitration process normally
will take only a few months and permits the arbitrator to resolve disputes
quickly and fairly.
Reduced Cost. Both the employee and the Company will benefit by
avoiding the significant cost of court proceedings. Although both the
employee and the Company are free to use lawyers, they are not required
to do so.
Experienced Decision-Makers. Unlike the court system, arbitrators
specialize in resolving employment disputes. For more than 30 years, the
United States Supreme Court has encouraged employers and employees
to take advantage of the expertise of arbitrators. More and more,
employees and companies are utilizing arbitration as the preferred
process to resolve disputes based on legally protected rights.
It is important that you understand that this revised Dispute Resolution Process
does not waive the substantive legal rights of any employee. It merely changes
the forum in which disputes relative to those rights will be resolved.
1.0 FUNCTIONAL REVIEW
2.0 HUMAN RESOURCES REVIEW
3.0 MANAGEMENT APPEALS COMMITTEE
4.1 Eligible Claims
4.2 Claim Initiation/Time Limits
4.3 Arbitrator Selection
4.6 Responsibilities of Arbitrator
4.7 Pre-Hearing Discovery
4.8 Award, Available Relief and Judicial Review
4.9 Exclusivity of Arbitration Process
4.10 Modification or Termination
5.0 ARBITRATION REQUEST FORM
6.0 QUESTIONS AND ANSWERS
This Dispute Resolution Handbook contains the procedure for the resolution of
employee disputes effective July 2003 and is applicable to all applicants for
employment, and all current employees who are not represented by a labor
union of General Dynamics Land Systems Inc. or any of its Subsidiaries or other
affiliates (collectively, the “Company”) and any former employees of the
Company who were not represented by a labor union and who were employed at
any time that this Dispute Resolution Handbook or any prior version was in
effect (all such applicants, current and former employees are collectively referred
to as “employees”). This Dispute Resolution Handbook does not apply to
employees of the Company who are not covered by U.S. law. Please read it
carefully. It describes a condition of your employment.
This process applies to those employees who believe they have been treated
unfairly or in an unlawful manner. Depending on the nature of the dispute, the
Dispute Resolution Process consists of up to four steps with the final step being
binding on both the employee and the Company. The steps are sequential and
no step can be skipped except employees who have been terminated (including
layoff) may seek redress beginning at Step 3 of the process, and the Company
may seek redress regarding certain legally protected rights beginning at Step 4
of the process.
STEP I-Functional Review
General Dynamics Land Systems believes most issues can be resolved
between an employee and his/her supervisor through good
communication and understanding without the need for any other review.
It is expected that this practice will continue to be the preferred way for the
majority of issues to be resolved.
STEP 2-Human Resources Review
The Human Resources Review will allow for an employee to seek redress
of disputes unresolved at the functional level. A Human Resources
Representative will review all the facts associated with the dispute. The
Representative will then attempt to resolve the issue by direct involvement
with the employee and the employee's functional management.
STEP 3-Management Appeals Committee
If issues remain unresolved after the Human Resources Review,
employees may then request a review by a three (3)- member
Management Appeals Committee. This is a more formal review process
and will provide a review by management outside of the affected
employee's functional area. The decision of this review process is final for
all employment disputes, except if the dispute is based on certain legally
If the decision of the Management Appeals Committee is not acceptable
to the employee and the issue is based on certain legally protected rights,
the employee may initiate the Arbitration Process. If the Company raises
an issue with an employees that is based on certain legally protected
rights, the Company may initiate the Arbitration Process. Arbitration is a
process in which a dispute is presented to a neutral (external third party)
arbitrator for a final and binding decision. Arbitration is the exclusive
external remedy for employees and the Company to resolve their disputes
based on certain legally protected rights. The arbitrator has the power to
award the same remedies (e.g., money damages, reinstatement, punitive
damages) as could otherwise be obtained in court. The primary
difference is that an arbitration professional decides cases under a more
streamlined and less formal set of rules and procedures thereby resolving
disputes in a much more timely and cost effective manner.
For claims involving trade secrets, trademarks, business know-how or
other intellectual property, including but not limited to the alleged breach
of an employee’s non-competition, non-solicitation, fiduciary or
confidentiality obligations, either the employee or the Company may,
without inconsistency with this Dispute Resolution Process, apply to any
court of competent jurisdiction and seek interim, provisional, injunctive or
other equitable relief until the claim is resolved.
Reprisals of any sort will not be permitted against any employee who uses
any of the steps of the Dispute Resolution Process.
It should be noted that this procedure does not replace the Business
Ethics Program and Procedures within General Dynamics. Therefore,
please be aware of your continuing responsibility to report violations of the
Standards of Business Ethics and Conduct to your immediate supervisor,
the Ombudsman, or the Business Ethics Director.
Any questions about this policy should be directed to the Director of
DISPUTE RESOLUTION PROCESS
Management and Management Support Employees
1.0 FUNCTIONAL REVIEW
1.1 Eligible Claims
The Functional Review applies to any controversy, dispute, or claim that
employees or former employees may have regarding their employment
relationship with the Company.
1.2 Claim Initiation/Time Limits
Any employee may initiate a claim with their immediate supervisor within
60 days of the event that caused the dispute. In the event that the claim
is based upon a legally protected right, and only in that event, the 60 day
period is extended to the time period (i.e., statute of limitations) provided
by the applicable law. THESE TIME LIMITS MUST BE ADHERED TO
AND WILL BE STRICTLY ENFORCED.
The immediate Supervisor should be the first reviewer of any dispute. If it
is perceived that the Supervisor is the problem, the employee may
request the next level of management of his/her functional organization to
review the case. NOTE: The reviewer also has the option to request
assistance from the Ombudsman or the Business Ethics Director to
assure that the dispute is forwarded to the appropriate management rep-
resentative for resolution.
The employee has the right to request a review through the management
hierarchy up to and including the functional Vice President.
1.4 Reviewer Responsibility
Resolving employee disputes is a priority of management. Supervisors
have the obligation to sincerely attempt to resolve all employee disputes
that are brought forward. If supervisors require any assistance regarding
policy or procedures of the Company, they should contact the cognizant
Human Resources Department. If a decision is not satisfactory to the
employee, supervisors will provide assistance to the employee to
schedule a review by the next level of management.
SECTION 2.0 HUMAN RESOURCES REVIEW
2.1 Eligible Claims
Any dispute or claim an employee may have which was not resolved as a
result of the Functional Review.
2.2 Claim Initiation/Time Limits
A letter requesting review must be submitted to the Human Resources
Director of Personnel Relations, or the local Human Resources Manager
at Plant and Off-site locations, within 14 days of the date of receipt of the
request. THESE TIME LIMITS MUST BE ADHERED TO AND WILL BE
The Human Resources Representative will review the facts and attempt to
resolve the issue by direct involvement with the employee and the
employee's functional management.
SECTION 3.0 MANAGEMENT APPEALS COMMITTEE
3.1 Eligible Claims
If the Human Resources Review is not satisfactory to the employee, a
request for review by a Management Appeals Committee (“Committee”) is
available for any employment dispute.
3.2 Claim Initiation/Time Limits
Requests must be written and submitted to the Human Resources
Director of Personnel Relations within 14 days after the date of the
decision of the Human Resources Review. A claim disputing a
termination (including a layoff) is initiated at this step and must be filed
within one year after the termination. In the event that the claim is based
upon a legally protected right, and only in that event, an employee may
request a review by a Management Appeals Committee at any time within
the time period (i.e., statute of limitations) provided by the applicable law,
or within one year, whichever time period is greater. THESE TIME
LIMITS MUST BE ADHERED TO AND WILL BE STRICTLY
One (1) Vice President and two (2) senior managers from outside of the
employee's organization will be randomly selected by the company as
members of the Committee. At locations other than the Sterling Heights
Complex and the Lima Army Tank Plant, three (3) Supervisory
management personnel, outside the employee’s department will be
randomly selected by the Company as members to review the case.
3.4 Reviewer Responsibility
The Committee will review the employee's request within 30 days of the
receipt of the request. If consultation is required regarding company
policy or legal issues, the members will consult with the Human
Resources Director of Personnel Relations or the General Counsel's
Office. A meeting may be scheduled with the employee. A written
decision will be provided to the employee within 45 days after receipt of
the employee's request for a Management Review or as soon thereafter
The Committee is empowered to overturn or modify a discipline, layoff or
termination action, and may award back pay where appropriate. It is also
empowered to rule that a Company policy or procedure has been violated.
The Committee is not empowered to discipline an employee, modify any
benefit plans, establish or modify any Company policies or procedures, or
award compensatory or punitive damages. Although Committee
decisions are not precedent-setting, they are final. However, an
employee may request arbitration of claims based on certain legally
SECTION 4.0 ARBITRATION OF CLAIMS ALLEGING A VIOLATION OF
CERTAIN LEGALLY PROTECTED RIGHTS
4.1 Eligible Claims
4.1.1 The Arbitration Process applies to, and is intended to completely and
finally resolve, any controversy, dispute or claim, including the arbitrability
of any controversy, dispute or claim, between an employee not
represented by a labor union and the Company which arises out of or
relates to the employment relationship and which is based on a legally
protected right. The Arbitration Process shall not apply, however, to any
employee’s claim for workers’ compensation benefits, unemployment
compensation benefits or matters which directly involve the interpretation
or denial of an Employee Retirement Income Security Act (ERISA)
benefit. Moreover, it does not prohibit an employee from filing a charge
with the Equal Employment Opportunity Commission, the National Labor
Relations Board, or similar federal, state or local agency. However, upon
receipt of a right-to-sue letter or similar administrative determination,
employee is required to use the procedures of this Dispute Resolution
4.1.2 For the purposes of the Arbitration Process, the terms the “Company” and
“GDLS” shall include General Dynamics Land Systems Inc., all of its
Subsidiaries, its parent and affiliates and all of their respective
supervisors, officers, directors, shareholders and agents and other current
or former employees.
4.1.3 The Arbitration Process extends to all employment related legal claims or
theories, except for those excluded in 4.1.1 above, between an employee
and the Company including but not limited to discrimination, retaliation,
violation of public policy, tort claims, contract claims, and specifically any
claims that could be made under any State or Federal Civil Rights Laws,
including Title VII of the Civil Rights Act of 1964, the Civil Rights Act of
1991, the Age Discrimination in Employment Act, the Americans With
Disabilities Act, the Rehabilitation Act, 42 U.S.C. Section 1981, the Family
and Medical Leave Act, the Worker Adjustment or Retraining Notification
Act, the Fair Labor Standards Act, or any other employment related
statute or legal theory.
4.1.4 As a condition precedent to utilizing this Arbitration Process, the employee
must have filed a claim with the Management Appeals Committee and
received a decision from the Management Appeals Committee, except
that the Company may elect to bypass one or more levels prior to
arbitration for disputes with applicants for employment, former employees
or if the Company is the initiating party.
4.1.5 The Arbitration Process also includes any claim of constructive discharge,
which for the purposes of this process, is defined as a claim by an
employee that he/she was involuntarily forced to resign or quit because
his/her working conditions had been deliberately made so intolerable by
the Company, that a reasonable person would have felt compelled to
resign or quit.
4.1.6 Any legal claim or theory that the termination of an employee breached an
express or implied contract of employment also comes within the scope of
the Arbitration Process. However, because any such claim is inconsistent
with and precluded by the Company's at will employment policy, such
claim shall be subject to dismissal or summary disposition (if raised in
court) or prehearing disposition (if raised in the request for arbitration).
4.1.7 For claims involving fraud, breach of fiduciary duty, breach of noncompete
or confidentiality obligations or trade secret, trademark, copyright or
patent issues, either the employee or the Company may, without
inconsistency with this Arbitration Process, apply to any court of
competent jurisdiction and seek interim, provisional, injunctive or other
equitable relief until the arbitration is award is rendered or the claim is
4.1.8 The employee and the Company agree and hereby waive any right to jury
trial for any claim otherwise covered by the Arbitration Process. The
employee further agrees that no claim covered by the Arbitration Process
may be brought as a class action and that he/she will not act as a class
representative or participate as a member of a class of claimants with
respect to any such claim.
4.1.9 No employee will suffer any reprisal for utilizing this Arbitration Process.
4.2 Claim Initiation/Time Limits
4.2.1 An employee who believes that a Company action or inaction was
discriminatory, retaliatory, tortious, violative of public policy, of any Federal
or State Civil Rights Laws, or unlawful in any similar way may, following an
adverse decision by the Management Appeals Committee, request
arbitration by completing an Arbitration Request form and mailing or
faxing it to the GDLS Vice President of Human Resources, at Post Office
Box 2074, Warren, Michigan 48090-2074, or Fax No. 586-825-7300.
4.2.2 A copy of the Arbitration Request form may be obtained from the
employee's Human Resources Department. If the employee is unable to
obtain a copy of the Arbitration Request form, he/she may file a written
request for an arbitration in which he/she should specify: (a) the factual
basis on which the claim is made; (b) the statutory provision or the legal
theory under which the claim is made; (c) the nature and extent of any
relief or remedy sought; and (d) the date of the Management Appeals
Committee decision which the employee wishes to appeal to arbitration.
4.2.3 Any request for arbitration by an employee as provided by the Arbitration
Process must be made in writing and received by the GDLS Vice
President of Human Resources within 30 days of the date of the
Management Appeals Committee decision which the employee wishes to
appeal to arbitration. THIS TIME LIMIT MUST BE ADHERED TO AND
WILL BE STRICTLY ENFORCED. An employee’s failure to act within the
required time will constitute a failure to exhaust the Arbitration Process
and will be deemed an acceptance of the Company's decision or action
with respect to any claim within the scope of the Arbitration Process and
will preclude any other legal action challenging the Company's action.
4.2.4 Any request for arbitration by the Company as provided by the Arbitration
Process must be made in writing by a Vice President and received by the
GDLS Vice President of Human Resources within the time in which it
could have filed a lawsuit in court. If the Company requests arbitration as
provided by the Arbitration Process, the Company will pay the total
amount of the American Arbitration Association’s filing fee.
4.3 Arbitrator Selection
4.3.1 Within ten (10) days of the receipt of a request for arbitration, the
Company shall forward such request to the Office of the AAA located
nearest to the employee's most recent place of employment and request
that the AAA provide a panel of five (5) arbitrators each of whom has
been a member of the National Academy of Arbitrators for no less than
five years, is an attorney, is a resident within 500 miles of the employee's
most recent place of employment, and has experience in employee
disputes alleging discrimination. A request for arbitration involving an
employee whose most recent place of employment is outside the United
States will be forwarded to the AAA's Southfield, Michigan Office and the
arbitrator list will contain names of arbitrators residing within 500 miles of
Southfield, Michigan. The arbitration will be conducted within 30 miles of
the employee’s most recent place of employment except that the
arbitration will be held within 30 miles of Detroit, Michigan for employees
whose most recent place of employment was not in the United States.
4.3.2 The AAA will provide each of the parties with a list of five (5) arbitrators
together with the subject arbitrators' resumes and fee schedules. Each
party may, within ten (10) days of the AAA's transmittal date, reject any
and all of the arbitrators on the list by so advising the AAA. Failure to
advise the AAA in writing of unacceptable arbitrators is considered
acceptance of any of the arbitrators on the list. The AAA will assign an
arbitrator from those acceptable to both parties. If there are no mutually
acceptable arbitrators on the first list, the AAA will provide the parties a
second list of five (5) arbitrators from which each party may advise the
AAA in writing of unacceptable arbitrators within ten (10) days of the
AAA's transmittal date. If there is no mutually acceptable arbitrator on
that list, the AAA will provide a third list from which the parties will
alternately strike names until only one arbitrator is left. The first strike will
be determined by a flip of the coin.
If an employee initiates the Arbitration process, the employee shall pay
one half of the arbitration filing fee charged by the AAA, but the
employee’s share of such fee shall not exceed $125. The Company shall
pay the remainder of the arbitration filing fee. If the Company initiates the
Arbitration process, the arbitration filing fee shall be borne by the
Company. In either event, however, The Company will be solely
responsible to pay for the compensation and expenses of the arbitrator.
Each party shall pay for its, his or her own costs and attorney's fees if any.
However, if any party prevails on a statutory or common law claim which
entitles the prevailing party to collect reasonable attorney's fees and costs
incurred, the Arbitrator may award reasonable fees and costs to the
prevailing party in accordance with such statute or common law.
The employee and the Company shall be entitled (but not required) to be
represented by counsel of their choosing at their own expense, except
that counsel fees may be awarded to the employee after an arbitration
award in his/her favor if authorized by the statutory or common law
provision under which the claim is made. Either party shall have the right
to a verbatim transcript, at its cost, of the arbitration hearing and the right
to submit a post-hearing brief.
4.6 Responsibilities of Arbitrator
4.6.1 The Arbitrator shall act as the impartial judge of any claims that come
within the scope of this Arbitration Process. To the extent it is not
inconsistent with this Arbitration process/procedure, the Arbitrator shall
have powers and authorities as provided for by the Employment Disputes
Resolution Rules of the AAA and statutes or laws under which a claim is
made. For example, if a statutory provision or a common law under which
a claim is made allows for a particular remedy, such as back pay, front
pay, other forms of damages, interest, costs, reasonable attorney's fees,
reinstatement or other injunctive relief, the Arbitrator shall have the power
and authority to include that remedy in the award. In addition, the
Arbitrator shall apply the elements of proof, burden of proof formulation,
mitigation duty, interim earnings offsets, and other legal rules or
requirements under the statutory provision or common law under which
such claim is made. The Arbitrator shall also have the power to issue
subpoenas. A copy of the Employment Dispute Resolution Rules of the
AAA, which rules shall apply to any arbitrations under this policy unless
this policy has a specific provision in conflict with such rules, is available
from the Human Resources department.
4.6.2 The Arbitrator is authorized, following his or her appointment and prior to
a hearing, to render a special opinion and award summarily disposing of a
claim or claims. The Arbitrator shall do so only if, after considering a
request for summary disposition and any response submitted thereto, the
Arbitrator determines that there are no material factual issues in dispute
requiring a hearing and that the Company or employee is clearly entitled
to an award in its, his, or her favor. For example, if an employee makes a
claim that his/her termination breached an express or implied contract of
employment, that claim will be subject to summary pre-hearing disposition
because it is inconsistent with and precluded by the Company's at will
4.6.3 The Arbitrator shall not have the power or authority to change the
Company's lawful personnel policies or to substitute his or her own
business judgment for the lawful business judgment of the Company.
4.6.4 The Arbitrator shall not have the authority or jurisdiction to hear or conduct
any part of the proceedings as a class action, or to determine the rights or
grant any relief to any person or entity that is not a party to the pending
arbitration or prior steps of the Dispute Resolution Process unless all
parties agree in writing.
4.7 Pre-Hearing Discovery
4.7.1 The employee and the Company will attempt to agree to pre-hearing
discovery that will provide fair access to relevant information. Relevant
information shall include the employee's personnel file, written policies
and other files or documents which are directly relevant to the employee's
claim, as well as any files or documents maintained or controlled by the
employee which are directly relevant to the employee’s claims. The
Arbitrator shall resolve all disputes regarding pre-hearing discovery to the
extent the parties are unable to agree.
4.7.2 No later than 14 days before the arbitration hearing, the parties shall
exchange the names of all witnesses and copies of all exhibits to be used
in the hearing.
4.8 Award, Available Relief and Judicial Review
4.8.1 Within 30 days following the conclusion of the hearing and submission of
the case, or as soon thereafter as practical, the Arbitrator shall issue a
written opinion and award, signed by the Arbitrator which shall include
findings of fact and conclusions of law. If the Arbitrator finds in the
employee's favor on an employee claim or in the Company’s favor on a
Company claim, the Arbitrator shall fashion a remedy that is consistent
with his or her authority under the statutory provision (including any
limitations on recovery) or common law under which the claim is made. In
this regard, the Arbitrator shall have the discretion to render an award of
front pay damages in lieu of reinstatement in the event an Arbitrator
determines that such alternative relief is appropriate and objectively
warranted under all the circumstances. However, an award of front-pay
damages in excess of one year shall not be rendered by the Arbitrator
without first scheduling a supplemental hearing before the Arbitrator with
respect to front pay damages and mitigation issues and permitting limited
additional pre-hearing discovery.
4.8.2 If any monetary award is made, the Arbitrator shall specify the elements
and factual basis for calculating the amount. In no event shall the
Arbitrator award monetary relief greater than that sought by the prevailing
4.8.3 The Arbitrator's award shall be final and binding upon the employee and
the Company, subject only to the limited judicial review described below.
4.8.4 The Arbitration Process and judicial review shall be governed by the
Federal Arbitration Act, 9 U.S.C. Section 1 et. seq. or, if required to be
applied, the Arbitration Act of the state in which the employee most
recently worked, or Michigan for those whose last location of employment
was outside the United States. An Arbitrator's award rendered pursuant
to this Arbitration Process shall be enforceable, and a judgment may be
entered thereon in a Federal District Court or State Court of competent
jurisdiction. The decision of the Arbitrator shall be final and binding,
provided however, that limited judicial review may be obtained in a court
of competent jurisdiction (a) in accordance with the standards of review of
arbitration awards established by law; or (b) on the ground that the
Arbitrator committed an error of law.
4.9 Exclusivity of Arbitration Process / Severablity, Conflict with Law
4.9.1 This Arbitration Process is intended to be the sole and exclusive forum
and remedy for all claims that are within its scope, as the inexpensive and
expeditious character of arbitration makes it preferable to litigation in a
judicial or administrative forum. Exhaustion of this Arbitration Process is
4.9.2 In the event that any portion of this Arbitration Process is held to be in
conflict with a mandatory provision of applicable law, the remainder of
these provisions shall not be affected to the extent permitted by law.
4.9.3 In the event a court were to determine that this Arbitration Process is not
the sole and exclusive forum and remedy, or that an arbitration award
rendered under this Arbitration Process is not final and binding between
the parties, it is nevertheless intended that exhaustion of the Arbitration
Process be a condition precedent to the institution of any judicial or
administrative litigation by a claimant with respect to claims that come
within the scope of the Arbitration Process.
4.10 Modification or Termination
This Arbitration Process may be modified, in whole or in part, or
terminated by the Company only after the Company provides at least 30
days written notice of such modification or termination to employees and
only with respect to requests for arbitration received after the effective
date of such modification or termination. The procedure in effect at the
time a request for arbitration is received by the Company will govern the
arbitration of the claim.
5.0 ARBITRATION REQUEST FORM
ARBITRATION REQUEST FORM
Must be filed within 30 days of Management Appeals Committee Decision
Date of Management Appeals Committee Decision:
Employee Name: Social Security No.:
GDLS Work Location:
Home Address: Home Address:
City / State: City / State:
Zip Code: Zip Code:
Home Phone:( ) Work Phone:( )
Attorney Representation: ( ) No ( ) Yes
Address City / State
Phone: ( ) __________________________
Nature of Claim
Discrimination Based On:
Age Disability Marital Status R Race
Sex Religion National Origin
Violation of Law: Specify applicable local, state, or federal law, statute,
regulations, or ordinance you claim the Company has violated.
Details of Complaint: Attach separate statement or relevant supporting documents
Award/Relief Sought: Total Dollar Amount:$
Description of other relief sought:
Employee represents that he or she has a dispute that is eligible for arbitration and is
submitting the dispute for resolution. Employee understands and agrees that the
decision of the Arbitrator is final and binding on both the Company and the employee.
Company Representative Signature:______________________ Date
6.0 Questions and Answers
WHAT IS THE DISPUTE RESOLUTION PROCESS
AND WHO IS AFFECTED?
The Dispute Resolution Process has been initiated to resolve disputes employees
may have with the Company. The process affects all Management and Management
Support employees. The Process consists of Four Steps:
Step 1 - Functional Review
Step 2 - Human Resources Review
Step 3 - Management Appeals Committee
Step 4 - Arbitration
Does the process require me to go through each step
completely before going to the next one?
Yes. The steps are arranged in a logical pattern applicable to most disputes.
Can I use the Dispute Resolution Process to solve any
problem that happens at work?
Yes. You may use Dispute Resolution to address any concerns, questions or
problems you may have in the workplace. Step 4. Arbitration, is the external
resolution process that can be used to resolve only those problems involving
certain legally protected rights, such as: employment discrimination, sexual or
other legally prohibited forms of harassment, tort claims, claims arising from an
alleged violation of any federal, state, or local law, statute regulation or
ordinance. However arbitration does not apply to Workers Compensation
Claims, Unemployment Compensation Claims, and ERISA benefits. Moreover,
arbitration does not preclude your ability to file a charge with the Equal
Employment Opportunity Commission or similar federal, state or local agency.
What is Arbitration?
Arbitration is a process in which a dispute is presented to a neutral third party
arbitrator for a final and binding decision. The specific arbitrator who will decide
your case will be selected by you and the company from a list of arbitrators
provided by the American Arbitration Association (AAA).
a) A party involved in a legal dispute files a Request
WHAT are the for Arbitration / Employee Pays 50% of filing fee, up
TYPICAL STEPS in to $125.
ARBITRATION ? b) AAA is notified.
c) AAA offers a list of qualified Arbitrators.
d) Each party deletes or accepts the Arbitrator Names
(no more than three lists) until one is chosen.
e) AAA arranges a hearing date at a convenient
f) Documents are exchanged, and witnesses are
g) At the hearing, testimony is given and witnesses
h) The arbitrator issues a final and binding decision.
i) Copies of this decision are sent to both parties.
Who are the The Arbitrator who hears a case is selected by the parties
Arbitrators that from a list of arbitrators provided by the American Arbitration
would decide the Association (AAA). The arbitrators are completely
case? independent of ties to either party involved in a dispute.
How Long Does Arbitration Take?
Arbitration hearings can last from a few hours to several days depending on the
complexity of the case, number of witnesses, and evidence introduced.
However, disputes resolved through the arbitration process are generally
resolved much sooner than through formal legal court proceedings.
Arbitration will be conducted according to the applicable rules
HOW IS AN of the AAA that pertain to employment disputes. Parties may
ARBITRATION be represented by attorneys if they wish; may call witnesses
CONDUCTED to testify; and may cross-examine witnesses who testify for
? the other party. The arbitrator also gives a written decision
on who won the case and why they were successful after
each side has presented its case.
How does Arbitration differ from a court trial?
In arbitration the arbitrator's decision is final. In a court trial decision, an appeal
may be filed, causing lengthy delays. The proceedings are held in private offices
determined by AAA instead of in a public courthouse. Arbitration proceedings
are private instead of public. Because arbitration is faster and less formal, it
ends up costing much less to both the Company and the affected employee.
Why is Arbitration better than a court proceeding?
Arbitration will result in a fair and a fast decision. For employees, this will mean
a more timely resolution of disputes including any compensation that is made
part of the arbitration award. The Company will also benefit in faster decisions
by reduced legal fees whether it wins or loses. The applicable laws and
available award remedies are exactly the same as they are in court.
Does the Arbitration process apply to all GDLS employees?
The program applies to all GDLS employees who are not represented by a
union, including employees of General Dynamics Land Systems Inc. and all
Subsidiaries and affiliates of GDLS. It does not apply to employees represented
by a union. Union employees have a separate arbitration process.
If an employee is discharged and Is there any special limit on the
appeals in Arbitration, does the amount of award I can win through
arbitrator have the power to reinstate Arbitration?
Yes. The arbitrator will have exactly the No. It is possible for you to recover
same power that a court would have in anything you might have sought through
deciding the same kind of claim. the court system.
When Can I Use Arbitration?
Arbitration is the fourth and final step in the GDLS Dispute Resolution Process.
If you have presented your case to the Management Appeals Committee and
you disagree with the decision, you can request Arbitration no later than 30 days
after the final date of decision of the Management Appeals Committee if your
case is based on a legally protected right.
What happens if I file a lawsuit against the company for a workplace
If you file a lawsuit, GDLS will ask the court to dismiss the case and refer it to our
Dispute Resolution Process.
If I am terminated or laid off from GDLS, does the Dispute Resolution
Process still apply to me?
Yes. The internal Management Appeals Committee process and, where
appropriate, Arbitration is still available. The arbitration process described herein
(and the process described in prior versions of the Dispute Resolution
Handbook) is your exclusive external remedy for disputes involving protected
rights, instead of through the court system, even if you have been terminated
from the Company.
Why has GDLS adopted this process?
Using the judicial system to decide a dispute often takes too long and is too
expensive for everyone involved. Arbitration benefits both parties in a dispute
because it is faster and less costly than litigation costs through the courts.
Can I be represented by an attorney?
Do I have to hire an attorney to arbitrate?
Both parties can be represented by an attorney, however, each party must pay
for their own counsel regardless of the outcome. Employees are not required to
hire an attorney and may represent themselves.
Will I be compensated by GDLS for the time I spend
presenting my dispute to the Management Appeals
Committee or at Arbitration proceedings?
If you are an active employee and attend a Management Appeals Committee
meeting or arbitration proceeding during your regular work day, you will receive
your normal compensation for that day. Any time you spend at such meetings
should be charged to an overhead charge number which will be supplied to you
by Human Resources. However, the time you spend preparing for any of these
meetings should be done on non-work time and will not be compensated by
Are there any other costs?
Yes. Costs which are not shared are those which you may wish to incur to
present your case such as your lawyer fees if you decide to have one,
depositions, witness fees, document reproduction and so forth.
The undersigned employee of General Dynamics Land Systems Inc., or
one of its Subsidiaries or affiliates, acknowledges that he/she has received, read
and understands the General Dynamics Land Systems Dispute Resolution Policy
and agrees to comply with the policy, arbitrate all specified employment disputes
and forego litigation in any judicial forum before a court, jury or administrative
agency of all specified employee disputes.
By this agreement (the “Agreement”), I agree to the exclusive resolution of all
claims arising out of or relating to my application for employment, employment,
or termination of employment by the terms of the Employer’s dispute Resolution
The claims covered by this Agreement, shall include, but are not limited to, all
statutory or common law claims for wages, breach of any express or implied
promises, torts, discrimination, harassment, or retaliation on any basis, but shall
not include claims for workers compensation, unemployment compensation,
claims for preliminary injunctive relief, or claims under any benefit plan, pension
plan, or other agreement that provides its own dispute resolution procedures.
However, as a contractor for the U.S. Department of Defense, the Employer will
not enforce this Agreement to require me to resolve through arbitration any claim
under Title VII of the Civil Rights Act of 1964 or any tort related to or arising from
sexual assault or harassment (“Elective Claims”).
I understand that, as a result of this Agreement, the Employer and I have agreed
to use the DRP as the exclusive forum for resolution of claims covered by this
Agreement and have waived the right to jury trial as to such covered claim,
except that Elective Claims are not subject to the mandatory arbitration step of