Community Action Employment Application Instructions:

Please be sure to complete all sections.

1. Application

2. Consent Form

3. Central Registry Clearance

4. Arbitration Agreement

AT WILL EMPLOYMENT APPLICATION

We are an equal opportunity employer and will not unlawfully discriminate on the basis of race, color, sex, religion, national origin, age, marital or veteran status, the presence of a medical condition or handicap, height, weight or any othe protected status.

PERSONAL INFORMATION:

EMPLOYMENT DESIRED:

Employers must make accommodations to disabled applicants and employees where the accommodation does not impose an undue hardship on the employer. Under Michigan law, disabled employees and applicants may request an accommodation of their disability by notifiying the firm in writing of need for accommodation within 182 days of the date the disabled individual knows or should know that an accommodation is needed. Failure to properly notify the firm may preclude any claim that the employer failed to accommodate the disabled individual.

EMPLOYMENT EXPERIENCE (MUST COMPLETE)

(List current or most recent job first)

MILITARY SERVICE RECORD

ADDITIONAL INFORMATION

AUTHORIZATION AND UNDERSTANDING:

Upon the signing of this application, I represent that all of the information now or hereafter given by me in support of my application is true and complete. I authorize you to verify any of the information concerning my employment, education, credit or medical history with the appropriate individuals, companies, institutions, or agencies, and I authorize them to release such information as you require, including my prior disciplinary employment record, without any obligation to give me written notice of such disclosure. I also authorize you to release any information requested by any of my prospective or subsequent employers without any obligation to give me written notice of such disclosure. I hereby release you and them from any liability whatsoever as a result of any such inquiries and disclosures. I agree that any false information in support of my application may subject me to discharge at any time during the period of my employment.

I agree that either party may terminate the employment relationship, with or without cause, at any time, and I further agree that this arrangement may only be altered in writing directed to me personally and signed by the president of the firm.

I agree that I shall be bound by the other rules, policies, regulations and terms and conditions of employment of the firm as they are from time to time changed, and no additional obligations can be imposed on the Company except those which have been acknowledged by me in writing, by the president or his designated representatives. I hereby authorize the firm to deduct from each and every period of my pay any amounts necessary to offset any damage caused by me or the value of property or money entrusted to me, by or owed by me to the firm during the course of my employment.

All employment related disputes shall be resolved by arbitration including wrongful discharge and statutory employment discrimination claims, however all remedies afforded by the applicable statutes are preserved.

All aribitrations shall be heard and decided under the provisions and authority of the Federal Arbitration Act, 9 USC sec 1, as applicable.

The purpose of this agreement is to provide you and this employer a forum in which claims or disputes with the employer and yourself and any other signatories may be resolved by arbitration rather than litigation.

This agreement does not restrict you from filing a claim or charge with any State or Federal Agency such as the Equal Employment Opportunity Commission, State Unemployment Agency, State Workers Compensation Commission, where applicable. This agreement to arbitrate only applies to state and federal court proceedings. We agree to adopt the rules of procedure, rights of representation, and appellate review as stated in Rembert v. Ryan's Steakhouse (a Michigan appellate court decision).

I further agree that my employment is conditional until such time as the results of my post-offer physical (if such physical is required) are known.

CONSENT FORM

 

As a prospective employee/volunteer of Chippewa-Luce-Mackinac Community Action Agency, I understand that it is this agency's policy to secure criminal conviction history information as part of their pre-employment screening process using the information provided below:

I understand that the Central Records Division of the Michigan State Police - Lansing, Michigan, requires the above information.

I authorize Chippewa-Luce-Mackinac Community Action Human Resource Authority, Inc. to obtain a conviction only criminal history file search.

ARBITRATION AGREEMENT

RECITALS

A. The parties expect that differences may arise between the company and the employees arising out of or relating to the employee's employment witht he company or the termination of that employment.

B. The parties agree that resolution of any idfferences in the courts is rarely timely or cost-effective for either party.

C. The company and the employee accordingly wish to arbitrate claims in order to establish and gain the benefts of a speedy, impartial and cost-effective dispute resolution procedure.

D. THE PARTIES RECOGNIZE THAT THIS AGREEMENT TO ARBITRATE SHALL WAIVE EACH PARTIES RIGHT TO HAVE CLAIMS RESOLVED IN A JUDICIAL FORUM BY EITHER TRIAL BEFORE A JUDGE OR TRIAL BEFORE A JURY.

In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows:

SECTION ONE

AGREEMENT TO ARBITRATE

Except as otherwise provided in this agreement, the company and the employee consent to the resolution by arbitration of all claims or controversies for which a court otherwise would be authorized by law to grant relief, whether or not arising out of, relating to or associated with the employee's employment with the company, or its termination, which the company may have against the employee or that the employee may have against the company or against its officers, directors, employees or agents in their capacity as such or otherwise. The termination claims covered by this agreement include, but are not limited to: claims for wages or other compensation due; claims for breach of any contract or covenant, express or implied; tort claims, claims for discrimination, including but not limited to discrimination based on race, sex, religion, national origin, age, marital status, sexual orientation, disability or medical condition; claims for benefits, except as excluded in the following Section; and claims for violation of any federal, state or other governmental constitution, statute, ordinance or regulation.

SECTION TWO

CLAIMS NOT COVERED BY THIS AGREEMENT

This agreement does not apply to or cover claims for workers' compensation benefits; claims for unemployment compensation benefits; claims for injunctive or other equitable relief for unfair competition or the use or unauthorized disclosure of trade secrets of confidential information; and claims based upon an employee pension or other benefit plan the terms of which contain an arbitration or other non-judicial dispute resolution procedure in which case the provisions of such plan shall apply. Nothing in this agreement affects an employee's right to file a discrimination charge with an administrative agency such as THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, STATE OF MICHIGAN UNEMPLOYMENT COMMISSION, OR STATE OF MICHIGAN WORKERS COMPENSATION COMMISSION.

SECTION THREE

ARBITRATION PROCEDURES

Any arbitration required by this agreement shall be conducted in accordance with procedures specified in the FEDERAL ARBITRATION ACT at 9 USC 1 and in accordance with the rules of appellate review, right to representation, and procedure as stated in REMBERT v. RYAN'S FAMILY STEAKHOUSES, INC. (a Michigan appellate court decision) as supplemented by the attached exhibit acknowledges having received and read prior to signing this agreement.

SECTION FOUR

CONSIDERATION

Each party's promise to resolve their claims by arbitration in accordance with the provisions of this agreement, rather than through the courts, is consideration for the other party's like promise. In addition, the consideration by the company of the employee's application for employment, or employment by company, or participation in the company's bonus, profit sharing, or stock option program are independent considerations for employee's agreement to arbitrate termination claims.

SECTION FIVE

INTERSTATE COMMERCE

Employee understands and agrees that the company in engaged in transactions involving interstate commerce and that his or her employment involves such commerce.

SECTION SIX

TERM; MODIFICATION AND REVOCATION

This agreement shall survive the employer-employee relationship between the company and the employee and shall apply to any termination claim whether it arises or is asserted during or after termination of the employee's employment with the company. This agreement can be modified or revoked only by a writing signed by both parties that refers to this agreement and specifically states an intent to modify or revoke this agreement. In addition the company may unilaterally upon 30 days advance written notice to the employee modify the arbitration procedures attached hereto in EXHIBIT A.

SECTION SEVEN

CONSTRUCTION AND ENFORCEABILITY

Any issue or dispute concerning the formation, interpretation, or enforceability of this agreement, including any claim or contention that all or any part of this agreement is void or voidable, shall be subject to arbitration as provided in this agreement. The arbitrator, and not any federal, state, or local court or agency, shall have authority to decide any such issue or dispute. The decision of an arbitrator on any such issue or dispute, as well as on any termination claim submitted to arbitration as provided in this agreement, shall be final and binding upon the parties.

If any provision of this agreement is adjudged to be void or otherwise unenforceable, in whole or in part, on in conflict with a mandatory provision of applicable law such adjudication shall not affect the validity of the remainder of this agreement, and the conflicting provision shall be modified automatically so as not to be void or otherwise unenforceable, or in conflict with a mandatory provision of applicable law. In the event of automatic modification with respect to a provision, the remainder of the rules and procedures shall not be affected and the claims shall proceed to arbitration under the remaining provisions of this agreement.

Captions and section headings used in this agreement are for convenience of reference only and shall not be deemed part of the contents of this agreement and shall not affect its interpretation.

Either party may bring an action in any court of competent jurisdiction to compel arbitration under this agreement and to render judgement to enforce the arbitration award in accordance with the arbitrator's decision. Except as otherwise provided in this agreement, both the company and the employee agree that neither party shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) that relates in any way to any termination claim covered by this agreement.

SECTION EIGHT

NOT AN EMPLOYMENT AGREEMENT

This agreement is not, and shall not be construed to create, any contract of employment, express or implied.

SECTION NINE

SOLE AND ENTIRE AGREEMENT

This is the complete agreement of the parties on the subject of arbitration of disputes, except for any arbitration provision contained in any pension or other benefit plan. This agreement supersedes any proper or contemporaneous oral or written agreement or understand on the subject. In executing this agreement, neithe rparty is relying on any representation, oral or written, on the subject of the effect, enforceablility or meaning of this agreement, except as specifically set forth in this agreement.

SECTION TEN

VOLUNTARY AGREEMENT

Employee acknowledges that he or she has carefully read this agreement, that he or she understands its terms, that all understandings between the employee and the company relating to the subjects covered in this agreement are contained in it, and that he or she has entered into this agreement voluntarily and not in reliance on any promises or representations by the company other than those contained in this agreement itself. Without limiting the above, employee further aknowledges and agrees that prusuant to this agreement, the employee is giving up any right he or she might possess to have disputed claims litigated in a court or jury trial. 

Employee further acknowledges that he or she has had a reasonable period of time to review and consider this agreement before signing it and that he or she has had an opportunity to the extent he or she wishes.

EXHIBIT A

ARBITRATION PROCEDURES

SECTION ONE

REQUIRED NOTICE OF ALL CLAIMS

The aggrieved party must give written notice of any claim (including an appeal of an earlier decision rendered during the company's grievance process) to the other party within the limitations period applicable to the claim. Written notice to the company, or its officers, directors, employees, or agents, shall be sent or delivered to the Company President at the home office of the company. The employee will be given written notice at the last address recorded in the employee's personnel file.

The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based.

The notice shall be personally delivered to the other party or sent by certified or registered mail, return receipt requested.

 SECTION TWO

DISCOVERY

"Discovery" is the term used to describe the way each party can find out relevant information from the other party. Under this procedure, discovery consists of the following:

(a) Each party shall have the right to take the deposition of any individual and any expert witness designated by either party.

(b) Each party shall have the opportunity to obtain documents from the other side through a request for production of documents.

The subpoena right specified below applies to discovery. Additional discovery may be had only wheere the arbitrator so orders, upon a showing of substantial need. any disputes regarding depositions, requests for production of documents or other discovery shall be submitted to the arbitrator for determination.

SECTION THREE

DESIGNATION OF WITNESSES

At least 90 days before the arbitration, the parties must exchange a list of witnesses, including any experts, and copies of all exhibits intended to be used at the arbitration.

SECTION FOUR

SUBPOENAS

Each party shall have the right to subpoena witnesses and documents for the arbitration by requesting a subpoena from the arbitrator. Any such request shall be served on the other party, who shall advise the arbitrator in writing of any objections that party may have to issuance of the subpoena within 10 calendar days of receipt of the request.

SECTION FIVE

ARBITRATION PROCESS

Except as otherwise provided in this procedure, or by mutual agreement of the parties, any arbitration shall be administered by the AMERICAN ARBITRATION ASSOCIATION as tribunal in accordance with the then current employment arbitration process and rules of the American Arbitration Association.

The arbitration of any mediation shall be held in the city of Sault Ste. Marie.

Prehearing and posthearing procedures may be held by telephone or in person as the tribunal or arbitrator deems necessary. The parties will cooperate with each other to hold and schedule any arbitration in a manner to minimize the disruption and expense to the parties.

The arbitrator shall be selected as follows:

(a) If the parties cannot agree on an arbitrator, the tribunal shall then proved the names of seven available arbitrators experienced in labor and employee law matters along with their resumes and fee schedules.

(b) Each party may strike a single name on the list it deems unacceptable.

(c) The parties shall strike names alternately until only one remains.

(d) The party who did not initiate the claim shall strike first.

The arbitrator shall interpret company policy or rules and regulations and 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 claims asserted. All remedies (legal or equitable) available under the applicable laws preserved and are available for the Arbitrator to consider and order. Neither the Federal Rules of Evidence nor the Rules of Evidence of any State shall apply. In reaching his or her decision, the arbitrator shall have no authority to change or modify any lawful company policy, rul or regulation or this agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive and broad authority to resolve any dispute relating to the interpretation, applicability, or enforceability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. The arbitration shall be final and binding upon the parties.

The arbitrator shall have authority to entertain a motion to dismiss or motion for summary or judgement by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure.

The Arbitrator shall arrange for a court reporter to provide a stenographic record of proceedings.

Either party, upon request at the close of hearing, shall be allowed to file a posthearing brief. The time for filing such brief shall be set by the arbitrator.

The arbitrator shall render an award and opinion in writing and shall include findings of fact and conclusions of law in sufficient detail to allow meaningful judicial reviews of such decision.

SECTION SIX

JUDICIAL REVIEW

Either party may bring an action in any court of competent jurisdiction to compel arbitration under this agreement within the times prescribed by law for filing of such an action in a court of law or equity, or to enforce the arbitration award within the time set by the Federal Arbitration Act.

A party opposing enforcement of an award may not do so in an enforcement proceeding, but must bring a separate action in any court of competent jurisdiction to appeal and set aside the award. Such appeal action must be filed withint 93 days of such award.

SECTION SEVEN

ARBITRATION FEES AND COSTS

The parties shall equally share all such fees and costs. Each party will deposity funds for the party's share of the arbitrator's fee and expenses of the Arbitration, in an amount and manner determined by the tribunal.

(A) Each party shall pay for its, his or her own other expenses associated with the arbitration process and their own attorney fees, if any. However, if any party prevails on a statutory claim entitling the prevailing party to attorney fees or costs, or if there is a written agreement providing for fees or costs, then the arbitrator may award reasonable fees or costs to the prevailing party in accordance with such statute or agreement.

(B) The tribunal fees, the arbitrator fees and his or her own expenses are taxable as costs the arbitrator may apportion in any award decision.

When the subject matter of the arbitration concerns an Employee's claim to vindicate a Federal or State statutory right, as an alternative to this sections requirement that each party advance its share of the required forum fees and costs, the employee may request at the time the request for arbitration is filed that advance deposit for the forum fees and costs be advanced by the Company due to financial ahrdship of the employee. Before action on the merits of the primary claim commence the Arbitrator (at the initial expense of the Company) shall determine if the required deposit shall be advanced on behalf of the Employee by the Company. The inquiry made to determine this shall turn upon the employee's ability to pay its share of the forum fees and costs at issue or whether the forum fees and costs in a particular case are so expensive as to deter arbitration by the class of such similarly situated employees by job description and socioeconomic background. This paragraph shall not impact the Arbitrator's authority to apportion the total of all fees and costs as allowed in subsection (A) and (B) above.