Considering the high level of activity between Network members, the TES Complaint and Dispute Resolution Procedures (the “Procedures” or “policy”) create a common understanding among members in regard to their professional conduct during the recruiting and split placement process. However, there is a dynamic woven into the Procedures, which is the “Spirit of the Procedure” otherwise known as The Golden Rule.
We expect TE NetworkTM members to adhere to The Golden Rule (as identified when applicable as the “Spirit of this Procedure”) and operate in a manner that demonstrates reciprocity and courtesy of fellow members. By following the Procedures and practicing The Golden Rule, members make the Network a unique and wonderful tool for conducting business.
The Procedures set forth herein, including the “Spirit of this Procedure” sections do not constitute legal advice, and you hereby acknowledge that TES does not provide legal advice, and you further agree that these Procedures do not constitute legal advice, legal opinions, or legal services.
THESE PROCEDURES AND ANY RELATED SERVICE TES PROVIDES THEREWITH, ARE PROVIDED AS-IS WITHOUT INDEMNIFICATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TES HAS NO LIABILITY OR RESPONSIBILITY FOR THE PROCEDURES OR THE RESULT(S) THEREOF. THESE PROCEDURES AND THE RESULT(S) THEREOF DO NOT CONSTITUTE LEGAL ADVICE.
Disputes between Members
All complaints about another TE NetworkTM Member should be directly made to the TE NetworkTM Ethics Chairperson. TE NetworkTM will follow the general guidelines stated in this policy and the TE NetworkTM Policies for resolving disputes. TE NetworkTM will do its best to help Members resolve disputes as they arise. Different disputes require different levels of attention and different courses of action. Due to the emotional and disruptive nature of all disputes, TE NetworkTM reserves the right to select the process which best suits the particular dispute based upon our judgment and experience. If a ruling, judgment, or interpretation of TE NetworkTM policy needs to be made, we will make it, and each TE NetworkTM Member agency is required to honor the decision.
Overview of the Dispute Process for Preferred Members
Phase #1: As stated above, ethics complaints and potential disputes should first be discussed with the TE NetworkTM Ethics Chairperson. Typically, TE NetworkTM will encourage (or insist) that the two parties talk together before a significant amount of time is invested by TE NetworkTM in the dispute. We do this because history has shown that the vast majority of prior disputes in TE NetworkTM were due to miscommunications between two Members, and an open dialog usually solves the problem. If the dispute remains unresolved after both parties have made a valid attempt to talk it out, TE NetworkTM will try talking with each party in search of a workable compromise to both sides. If all talking efforts fail in Phase #1, TE NetworkTM will escalate the dispute to Phase #2.
Phase #2: TE NetworkTM will require each party to document their facts regarding the dispute in writing. TE NetworkTM will review the written documentation and will notify either recruiter if additional documentation is required. Typically, the disputes which make it to Phase #2 will be arbitrated by TE NetworkTM, which will act as the unbiased third party. Both recruiters providing their written documentation to TE NetworkTM agree to let the Network act as arbitrator, and they agree that the decision made by TE NetworkTM is final. If, and only if, TE NetworkTM determines, for any reason, that we should not be in the position of “unbiased third party,” we reserve the right to escalate the dispute to Phase #3 for review by the TE NetworkTM Ethics Advisory Board.
Phase #3: Disputes that cannot be resolved in Phase #2 will be turned over to the TE NetworkTM Ethics Advisory Board (EAB) for deliberation and a decision. The TE NetworkTM EAB is comprised of three TE NetworkTM Members who remain anonymous to their peers. All letters and necessary documentation within the dispute are blinded to remove any contact information that shows the identity of either of the recruiters involved in the dispute. The TE NetworkTM EAB will not know the disputing recruiters’ identities.
And the disputing recruiters will not know the identity of the members of the EAB. By keeping all parties anonymous, the TE NetworkTM EAB can truly act as an “unbiased third party.”
TE NetworkTM’s Reserved Rights
TE NetworkTM reserves the right to provide the EAB with any information we have learned during Phases #1, #2, or #3 which we feel may help the EAB see the entire story.
Enlisting the help of the TE NetworkTM EAB into any dispute slows the process down because we now have to funnel blinded information between the participants, and it typically takes a great deal of our time. The participants of the EAB also spend a great deal of time. For this reason, we reserve the right to determine which disputes are escalated to Phase #3. There is no cost to Members involved in a dispute if TE NetworkTM determines that it should go before the TE NetworkTM EAB.
Investigations
Members involved in a Phase #2 or Phase #3 dispute grant TE NetworkTM the right to make contact, if necessary, with other recruiters, clients, and candidates in attempts to gather any other pertinent information which may help resolve the dispute. TE NetworkTM will treat these calls as being confidential and of a sensitive nature.
“I Want to Select Who Arbitrates”
If a Member requests (i.e., insists) that their dispute be heard by the TE NetworkTM EAB, there is a cost of $1,500 (payable in advance) to be paid by the recruiter making that request. Of this $1,500, the three EAB volunteers will each receive $400 for their time spent, and TE NetworkTM will keep $300 for its efforts. On the surface, this may appear expensive, but contacting an attorney or an arbitration association will cost much more. Also, our experience shows us that every recruiter thinks their dispute is the most important dispute that has ever happened, and the TE NetworkTM EAB would be overrun if we did not put a price on its services.
“I Don’t Agree with TE NetworkTM’s Decision or the EAB’s Decision”
Once TE NetworkTM makes a decision on a Phase #2 dispute, the decision is final, and whatever action TE NetworkTM deems necessary will begin immediately upon the announcement of the decision. The recourse available to a recruiter who does not agree with the Phase #2 decision is as follows:
o Pay the $1,500 processing fee and request that your dispute be reopened, escalated to Phase #3, and heard by the TE NetworkTM EAB
o Get the other recruiter to agree to resolve the dispute via outside formal arbitration
o Hire an attorney and pursue it through the appropriate court system
Once the TE NetworkTM EAB makes a decision on a Phase #3 dispute, the decision is final, and whatever action the EAB deems necessary will begin immediately upon announcement of the decision. The recourse available to a recruiter who does not agree with the Phase #3 decision is as follows:
o Pay the $1,500 processing fee and request that your dispute be reopened, escalated to Phase #3, and heard by the TE NetworkTM EAB
o Get the other recruiter to agree to resolve the dispute via outside formal arbitration
TE NetworkTM’s Decision to put a Member ‘On Hold’ or Terminate their Membership
TE NetworkTM reserves the right to put any Member “on hold” at any time for any reason. Being put “on hold” means that access to all TE NetworkTM software systems and services will temporarily cease without advanced warning. Being “on hold” also means that TE NetworkTM reserves the right to remove an agency’s existing candidates and/or job orders from all Network databases. As stated in the TE NetworkTM Membership Agreement reviewed by each Member upon entry into the Network, TE NetworkTM also reserves the right to terminate any recruiter’s TE NetworkTM Membership at any time for any reason.
TE NetworkTM understands that putting someone “on hold” or terminating their Membership are very serious courses of action. We do not take these actions lightly. However, swift action is sometimes needed to preserve the safety or integrity of the Network. It is not uncommon to be put “on hold” if You are involved in a dispute whereby the TE NetworkTM is still gathering evidence.
“You’ll Have to Talk to my Attorney”
Only a few times in TE NetworkTM’s history have we been met with the response from a TE NetworkTM Member that, “My attorney has advised me to not discuss this dispute with TE NetworkTM or the other recruiter,” or, “You will have to talk to my attorney.” If any TE NetworkTM Member is unwilling to discuss a dispute they are involved in with the appointed person on the TE NetworkTM staff, the other recruiter involved, or the TE NetworkTM Ethics Advisory Board, we view this as someone who is putting up a roadblock which will prevent TE NetworkTM from resolving the dispute. When faced with this type of situation, TE NetworkTM reserves the right to cease doing business with that person or office. As far as we’re concerned, people who are unwilling to talk have the wrong business mindset for cooperative networking in TE NetworkTM.
Spirit of this Policy
History has shown that the vast majority of the disputes TE NetworkTM has been involved with were caused by miscommunication and were resolved when the parties discussed the issue. Many times, TE NetworkTM offers just the right balance to help this happen. Sometimes we get in the middle and help the flow of communication, and sometimes we simply offer advice. Other times, we are required to interpret and enforce TE NetworkTM Policy. TE NetworkTM Members must understand that we are not perfect, and we do not have unlimited time to spend on your dispute. You have our word, however, that we will do our best to act as an unbiased third party to bring a fair and speedy resolution to your problem. If you do not like our decision or our method of handling your dispute, please see the paragraph above titled “I don’t agree with TE NetworkTM’s decision or the EAB’s decision.”
Negotiations, Mediation, and Arbitration
If a dispute arises between any Members utilizing the services of the online system, the parties hereto shall use their best efforts to settle such disputes, claims, questions, or disagreements. To this effect, they shall consult and negotiate with each other, in good faith, recognizing their mutual interests and attempting to reach a just and equitable solution satisfactory to both parties. If a solution cannot be reached within a period of sixty (60) days, the parties agree to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration. Thereafter, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration will be conducted in a mutually agreed upon city having an American Arbitration Association office, or if no agreement on locale can be reached, the arbitration will be conducted in Cleveland, Ohio. The arbitrators shall award to the prevailing party, if any, as determined by the arbitrators, all of its costs and fees. “Costs and fees” means all reasonable pre-award expenses of the arbitration, including arbitrator’s fees; administrative fees; travel expenses; out-of-pocket expenses such as copying, telephone, court costs, and witness fees; and attorneys’ fees.
“Do Not Share my Information with a Certain Agency”
Although we would rather not invoke this feature of our system, TE NetworkTM has the capability of preventing your information from being shared with any other affiliate of TE NetworkTM per your request. If You have this need, simply contact TE NetworkTM customer support and they will invoke a block between the two firms. We call this our NOGO capability.