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PB RESOLVE AGREEMENT
(Including agreement to Mutual Binding Arbitration)
This Dispute Resolution Agreement (PB Resolve Agreement) is a contract and covers
important issues relating to your rights. It is your sole responsibility to read it and
understand it. You are free to seek assistance from independent advisors of your choice
outside the Company or to refrain from doing so if that is your choice.
El acuerdo de resolución es un contrato y cubre aspectos importantes de tus derechos.
Es tu absoluta responsabilidad leerlo y entenderlo. Tienes la libertad de buscar
asistencia de asesores independientes de tu elección fuera de la Empresa o de abstenerte
de buscar asistencia si esa es tu elección.
You recognize that differences may arise between Pitney Bowes Inc., which includes its
subsidiaries, affiliates, divisions, related business entities, successors and assigns
(collectively "Pitney Bowes" or "the Company"), and You during or following your
employment, and that those differences may or may not be related to your employment. You
and the Company understand and agree that by entering into this PB Resolve Agreement
("Agreement"), You and the Company agree to participate in Pitney Bowes' PB Resolve
Program, a four-step alternative dispute resolution process, to resolve disputes that may arise
between You and Pitney Bowes. You further recognize and agree that the final step of the PB
Resolve process will be final and binding arbitration.
Consideration: The promises by You and the Company to submit differences to the PB
Resolve Program, including arbitration, rather than litigate them before courts or other
bodies, and your continued employment by the Company, provide consideration for each
PB Resolve Program: The PB Resolve Program is a four-step alternative dispute resolution
process. Details of the PB Resolve Program are set forth in the PB Resolve Program
Manual. By signing this Agreement You are specifically acknowledging that You have
reviewed or have had an opportunity to review the PB Resolve Program Manual and
agree to abide by its terms.
Claims Covered by the Agreement: The Company and You mutually consent to resolve
through the PB Resolve Program, including final and binding arbitration, all claims or
controversies ("claims"), past, present or future, whether or not arising out of your
employment (or its termination), that the Company may have against You or that You may
have against any of the following (1) the Company, (2) its officers, directors, employees or
agents in their capacity as such, (3) the Company's parent, subsidiary and affiliated entities,
and/or (4) all successors and assigns of any of them.
Only legal claims are arbitrable or subject to external mediation. Legal claims are claims
that, in the absence of this Agreement, would be able to be heard in court under applicable
state and federal law. The claims covered by this Agreement include, but are not limited to:
claims related to termination, resignation, layoffs, constructive discharge, misclassification
or unpaid wages (including Fair Labor Standards Act and state equivalent claims) or other
compensation due; claims relating to leaves of absence (including Family Medical Leave
Act or state equivalent claims); claims for breach of any contract or covenant (express or
implied); tort claims; claims for discrimination under any federal, state or other
governmental law, statute, regulation or ordinance (including, but not limited to, race, sex,
sexual orientation, religion, national origin, age, marital status, physical or mental disability
or handicap, or medical condition); claims of violation of public policy or retaliation; claims
arising out of or related to this Agreement, claims for benefits (except claims under
employee benefit or pension plans or claims covered by Employee Retirement Income
Security Act); and claims for violation of any federal, state, or other governmental law,
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statute, regulation, or ordinance, except claims excluded in the section of this Agreement
entitled "Claims Not Covered By The Agreement."
Except as otherwise provided in this Agreement, both You and the Company agree that
neither shall initiate or prosecute any lawsuit, in any way arising out of or related to any
claim covered by this Agreement. You and the Company further agree that claims arising
under any law that permits resort to an administrative agency, including but not limited to
claims or charges brought before the National Labor Relations Board, the Equal
Employment Opportunity Commission, and the United States Department of Labor, may be
brought before that agency notwithstanding an agreement to arbitrate those claims. Nothing
herein shall be construed to excuse any requirement that an administrative claim or charge
be filed as a jurisdictional prerequisite or condition precedent to obtaining relief if such
filing would have been required prior to initiation of an action in a court of law.
Claims Not Covered by the Agreement: Claims for workers' compensation or
unemployment compensation benefits, claims for benefits under a company benefit plan
covered by ERISA or any other claims covered by ERISA, state disability insurance claims
and claims under the National Labor Relations Act are not covered by this Agreement. Also
not covered are claims by You or the Company for temporary restraining orders or
preliminary injunctions (“temporary equitable relief”) in cases in which such temporary
equitable relief would be otherwise authorized by law. Such resort to temporary equitable
relief shall be pending arbitration only, and in such cases the merits of the action will be
tried in front of, and will be decided by, the Arbitrator, who will have the same ability to
order legal or equitable remedies as could a court of general jurisdiction.
Time Limits for Commencing Arbitration: The Company and You agree that either party
must file a demand for arbitration no later than the expiration of the statute of limitations
(deadline for filing) that applicable law prescribes for the claim. Otherwise, the claim shall
be void and deemed waived. During Steps I through III of the PB Resolve Program, the
statute of limitations shall be tolled (temporarily suspended).
Arbitration Procedures: Except as provided in this Agreement, the Federal Arbitration Act,
9 U.S.C. Section 1 et seq. (“FAA”) shall govern the interpretation, enforcement and all
arbitration proceedings pursuant to this Agreement.
Unless You and the Company mutually agree otherwise, the Arbitrator shall be either a
retired judge, or an attorney who is experienced in employment law and licensed to practice
law in the state in which the arbitration is convened (the "Arbitrator"). The arbitration shall
take place in or near the city in which You are or were last employed by the Comp any. The
parties will choose an Arbitrator by mutual agreement and if the parties are unable to agree
to an Arbitrator, either party may petition a court of competent jurisdiction to appoint an
Arbitrator, who shall act under this Agreement with the same force and affect as if the
parties had selected the Arbitrator by mutual agreement.
Class, Collective, Mass or Representative Actions: However, there will be no right or
authority for any dispute to be brought, heard or arbitrated as a class, consolidated or
collective action, or in a representative or private attorney general capacity on behalf of a
class of persons or the general public.
Governing Law: Absent a choice of law provision contractually agreed upon by both
parties, the Arbitrator shall apply the substantive law (and the law of remedies, if applicable)
of the state in which the claim arose, or federal law, or both, as applicable to the claim(s)
asserted. The Arbitrator is without jurisdiction to apply any different substantive law or law
of remedies. The Arbitrator shall have exclusive authority to resolve any dispute relating to
the application or interpretation of this Agreement. The arbitration shall be final and binding
upon the parties, except as provided in this Agreement.
The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is
authorized to hold pre-hearing conferences by telephone or in person, as the Arbitrator
deems advisable. The Arbitrator shall have the authority to entertain a motion to dismiss
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and/or a motion for summary judgment by any party and shall apply the standards governing
such motions under the Federal Rules of Civil Procedure.
Arbitration Process: Any party may be represented by an attorney during arbitration. Either
party, at its expense, may arrange for and pay the cost of a court reporter to provide a
stenographic record of proceedings. Should any party refuse or neglect to appear for, or
participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the
dispute based upon whatever evidence is presented. Either party, upon request at the close of
hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall
be set by the Arbitrator. The Arbitrator shall render an award and written opinion no later
than thirty (30) days from the date the arbitration hearing concludes or the post-hearing
briefs (if requested) are received, whichever is later. The opinion shall include the factual
and legal basis for the award.
Discovery at Arbitration: Each party shall have the right to take the deposition of two (2)
individuals and any expert witness designated by another party. Each party also shall have
the right to make requests for production of documents to any party and to subpoena
documents from third parties. Requests for additional discovery may be made to the
Arbitrator. The Arbitrator shall grant an order for such requested additional discovery that the
Arbitrator finds the party requires to adequately arbitrate a claim, taking into account the
parties’ mutual desire to have a fast, cost-effective dispute resolution mechanism. The
Arbitrator in making such orders shall be guided by the rules of discovery applicable in the
forum State’s courts.
Designation of Witnesses at Arbitration: At least thirty (30) days before the arbitration, the
parties must exchange lists of witnesses, including any experts, and provide copies of all
exhibits intended to be used at the arbitration.
Subpoenas for Arbitration: Each party shall have the right to subpoena witnesses and
documents for the arbitration as well as documents relevant to the case from third parties.
Arbitration Fees and Costs: The Company will be responsible for paying any filing fee and
the fees and costs of the Arbitrator. Each party shall pay for its own costs and attorneys' fees,
if any. However, the Company will reimburse You up to 80% of your attorneys' fees, up to a
maximum of $2,500.00, pursuant to the terms set forth in the PB Resolve Program Manual.
If 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/or costs, the
Arbitrator may award reasonable attorneys' fees and/or costs to the prevailing party,
applying the same standards a court would apply under the law applicable to the claim(s).
Judicial Review: Either party may bring an action in any court of competent jurisdiction to
compel arbitration under this Agreement and to enforce or vacate an arbitration award in
accordance with applicable law.
Interstate Commerce: You understand and agree that the Company is engaged in
transactions involving interstate commerce.
Miscellaneous Provisions: This Agreement to resolve all disputes through the PB Resolve
process, including arbitration, if necessary, shall survive the termination of your
employment and the expiration of any benefit plan. It can be revoked or modified only in
writing signed by both the Company's Chief Human Resources Officer or his or her
designee and You, which specifically states the intent to revoke or modify this Agreement.
This is the complete agreement of the parties on the subject of arbitration of disputes. This
Agreement supersedes any prior or contemporaneous oral or written understandings on the
subject. No party is relying on any representations, oral or written, on the subject of the
effect, enforceability or meaning of this Agreement, except as specifically set forth in this
Agreement. If any provision of this Agreement is adjudged to be void or otherwise
unenforceable, in whole or in part, such adjudication shall not affect the validity of the
remainder of the Agreement. All other provisions shall remain in full force and effect.
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Not an Employment Agreement: This Agreement is not, and shall not be construed to create
any contract of employment for a definite term, express or implied. Nor does this Agreement
in any way alter the "at-will" status of your employment.
Voluntary Agreement: I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS
AGREEMENT, THAT I UNDERSTAND ITS TERMS, THAT ALL UNDERSTANDINGS
AND AGREEMENTS BETWEEN THE COMPANY AND ME RELATING TO THE
SUBJECTS COVERED IN THE AGREEMENT ARE CONTAINED IN IT, AND THAT I
HAVE ENTERED INTO THE AGREEMENT VOLUNTARILY AND NOT IN
RELIANCE ON ANY PROMISES OR REPRESENTATIONS BY THE COMPANY
OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF. I
UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP MY
RIGHT TO A JURY TRIAL. I FURTHER ACKNOWLEDGE THAT I HAVE BEEN
GIVEN THE OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH MY PRIVATE
LEGAL COUNSEL AND HAVE AVAILED MYSELF OF THAT OPPORTUNITY TO
THE EXTENT I WISH TO DO SO.
Employee: Pitney Bowes Inc.
Signature of Employee: Signature of Authorized Company:
Print Name of Employee Title of Representative:
October 9, 2013 October 9, 2013