Issue:Complaint procedure

Origin Date: 10/18/94 Prerequisite reading: Policy 4

Last Revised: 04/05/97

I. Disputes between Preferred Members
All "complaints" about another Top Echelon Network Preferred Member should be directly made to the Top Echelon Network ethics chairperson. Top Echelon Network will follow the general guidelines stated in this Policy for resolving disputes. Top Echelon Network will do its best to help Preferred 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, Top Echelon Network reserves the right to select the "process" which best suits the particular dispute based upon our best judgment and experience. If a ruling, judgment, or interpretation of Top Echelon Network Policy needs to be made, we will make it, and each Top Echelon Network office is required to honor the decision.

Phase #1: As stated above, ethics complaints and potential disputes should first be discussed with the Top Echelon Network Ethics Chairperson. Typically, Top Echelon Network will encourage (or insist) that the two parties "talk together" before a significant amount of time is invested by Top Echelon Network in the dispute. We do this because history has shown that approximately 90% of prior disputes in Top Echelon Network were due to "miscommunications" between two Members, and an open dialog usually solved the problem. If the dispute remains unresolved after both parties have made a valid attempt to "talk it out," Top Echelon Network will try talking with each party in search of a workable compromise to both sides. If all "talking" efforts fail in Phase #1, Top Echelon Network will escalate the dispute to Phase #2.

Phase #2: Top Echelon Network will require each party to document their facts regarding the dispute in writing. Top Echelon Network will review the written documentation and will notify either recruiter if additional documentation is required. Typically, ninety nine percent (99%) of the disputes which make it to Phase #2 will be arbitrated by Top Echelon Network which will act as the unbiased third party. Both recruiters providing their written documentation to Top Echelon Network agree to let Top Echelon Network act as arbitrator, and they agree that the decision made by Top Echelon Network is final. If, and only if, Top Echelon Network 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 Top Echelon Network Ethics Advisory Board.

Phase #3: Disputes that cannot be resolved in Phase #2 will be turned over to the Top Echelon Network Ethics Advisory Board (EAB) for deliberation and a decision. The Top Echelon Network EAB is comprised of three Top Echelon Network Preferred Members who remain anonymous to their peers. All letters and necessary documentation within the dispute are to be "blinded" to remove any contact information that shows the identity of either of the recruiters involved in the dispute. The Top Echelon Network 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 Top Echelon Network EAB can truly act as an "ubiased third party."

Top Echelon Network’s reserved right
Top Echelon Network 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 Top Echelon Network EAB into any dispute slows the process down because Top Echelon Network now has to funnel "blinded" information between the participants, and it typically takes a great deal of Top Echelon Network’s 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 III. There is no cost to Preferred Members involved in a dispute if Top Echelon Network determines that it should go before the Top Echelon Network EAB. NOTE: Prior to 1997, fewer than six disputes have been escalated to Phase #3.

Investigations
Preferred Members involved in a Level #2 or Level #3 dispute grant Top Echelon Network 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. Top Echelon Network will treat these calls as being confidential and of a sensitive nature.

I want to select who arbitrates
If a Preferred Member requests (i.e., insists) that their dispute be heard by the Top Echelon Network EAB, there is a cost of $750 (payable in advance) to be paid by the recruiter making that request. Of this $750, the three EAB volunteers will each receive $200 for their time spent, and Top Echelon Network will keep $150 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 his/her dispute is the most important dispute that has ever happened, and the Top Echelon Network EAB would be overrun if we did not put a price on its services.

I don’t agree with Top Echelon Network’s decision or the EAB’s decision
Once Top Echelon Network makes a decision on a Phase #2 dispute, the decision is final, and whatever action Top Echelon Network 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:

a) Pay the $750 processing fee and request that your dispute be re-opened, escalated to Phase #3, and heard by the Top Echelon Network EAB.

b) Get the other recruiter to agree to resolve the dispute via outside formal arbitration.

c) Hire an attorney and pursue it through the appropriate court system.

Once Top Echelon Network 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:

a) Get the other recruiter to agree to resolve the dispute via outside formal arbitration.

b) Hire an attorney and pursue it through the appropriate court system.

Top Echelon Network’s decision to put a Preferred Member "on hold" or terminate his/her Membership
Top Echelon Network reserves the right to put any Preferred Member "on hold" at any time for any reason. Being put "on hold" means that access to all Top Echelon Network software systems and services will temporarily cease without advanced warning. Being "on hold" also means that TE Network reserves the right to remove an agency’s existing candidates and/or job orders from all TE Network databases. As stated in the Top Echelon Network Membership Agreement reviewed by each Preferred Member upon entry into the Network, Top Echelon Network also reserves the right to terminate any recruiter’s Top Echelon Network Membership at any time for any reason.

Top Echelon Network understands that putting someone "on hold" or terminating his/her 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 Top Echelon Network is still gathering evidence.

The Network’s decision to put an Affiliate Member on hold or terminate his/her subscription of services
Top Echelon Network reserves the right to temporarily stop or permanently cancel the services we provide to any Affiliate Member for any reason we deem necessary.

You will have to talk to my attorney
Only a few times in Top Echelon Network’s history have we been met with the response from a Top Echelon Network Member that "My attorney has advised me to not discuss this dispute with Top Echelon Network or the other recruiter" or "You will have to talk to my attorney." If any Top Echelon Network Preferred Member or Affiliate Member is unwilling to discuss a dispute they are involved in with the appointed person on the Top Echelon Network staff, the other recruiter involved, or the Top Echelon Network Ethics Advisory Board, we view this as someone who is putting up a roadblock which will prevent Top Echelon Network from resolving the dispute. When faced with this type of situation, Top Echelon Network reserves the right to cease doing business with that person or office. As far as we are concerned, people who are "unwilling to talk" have the wrong business mind set for cooperative networking in Top Echelon Network.

Spirit of this Policy
Ninety-nine percent of the disputes Top Echelon Network has been involved with were caused by miscommunication and were resolved when the parties discussed the issue. Many times, Top Echelon Network 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 Top Echelon Network Policy. Top Echelon Network 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 entitled "I don’t agree with Top Echelon Network’s decision or the EAB’s decision."

II. Disputes between Preferred Members and Affiliate Members
Top Echelon Network will NOT act as the arbitrator in a dispute between a Preferred Member and an Affiliate Member. Any Preferred Member who has a problem with an Affiliate Member should convey those concerns to the Top Echelon Network Ethics Chairperson, and Top Echelon Network will then determine if it wishes to continue servicing that Affiliate Member any longer. Affiliate Members who have a problem with a Preferred Member are welcome to put their thoughts in writing; but be forewarned, Top Echelon Network’s allegiance is with its Preferred Members, and we will not arbitrate disputes between Affiliate Members and Preferred Members. Resolution of disputes between a Preferred Member and an Affiliate Member should be handled in accordance with the section of this Policy entitled "Negotiations, mediation, and arbitration."

III. Disputes between Affiliate Members
Top Echelon Network will NOT act as the arbitrator in disputes between Affiliate Members. Resolution of disputes between a Preferred Member and an Affiliate Member should be handled in accordance with the section of this Policy entitled "Negotiations, mediations, and arbitration."

Negotiations, mediation, and arbitration
If a dispute arises between any Members utilizing the services of the online system (including Affiliate and Preferred Members), 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 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, witness fees, and attorneys’ fees.

Do not share my information with a certain agency (Preferred Member or Affiliate Member)
Although we would rather not invoke this feature of our system, Top Echelon Network has the capability of preventing your information from being shared with any other affiliate of Top Echelon Network per your request. If you have this need, simply contact Top Echelon Network customer support and they will invoke a "block" between the two firms. We call this our NOGO capability.