Effective June 4, 2025

Rule 1. Scope of Rules

(a) The JAMS Labor Arbitration Rules ("Rules") govern binding Arbitrations of Labor disputes in which:

(i) the Parties have agreed to use the Rules in their Collective Bargaining Agreement or post-dispute Arbitration Agreement ("Agreement");

(ii) the Parties to an Agreement have provided for Arbitration by JAMS without specifying any specific JAMS Rules; or

(iii) the condition in Rule 5(a)(ii) has been met with respect to a dispute under a Collective Bargaining Agreement.

(b) The authority and duties of JAMS as prescribed in the Agreement and in these Rules shall be carried out by the JAMS National Arbitration Committee ("NAC") or the office of the general counsel or their designees.

(c) JAMS may, in its discretion, assign the administration of an Arbitration to any of its Resolution Centers.

(d) The term "Party," as used in these Rules includes Parties to the Arbitration and their counsel or representatives.

Rule 2. Party Self-Determination

The Parties may agree on any procedures not specified herein or in lieu of these Rules that are consistent with applicable law and JAMS policies. The Parties shall promptly notify JAMS of any such Party-agreed procedures and shall confirm such procedures in writing. The Party-agreed procedures shall be enforceable as if contained in these Rules.

Rule 3. Amendment of Rules

JAMS may amend these Rules without notice. The Rules in effect on the date of the commencement of an Arbitration (as defined in Rule 5) shall apply to that Arbitration, unless the Parties have agreed upon another version of the Rules.

Rule 4. Conflict with Law

If any of these Rules, or modification of these Rules agreed to by the Parties, is determined to conflict with a provision of applicable law, the provision of law shall govern over the Rule in conflict, and no other Rule shall be affected.

Rule 5. Commencing an Arbitration

(a) The Arbitration is deemed commenced when JAMS issues a Commencement Letter based upon the existence of one of the following:

(i) An Agreement, as defined in Rule 1(a), requiring the Parties to arbitrate the dispute or claim and specifying JAMS administration or use of any JAMS Rules; or

(ii) The failure to timely object to JAMS administration, where the Parties’ Arbitration Agreement does not specify JAMS administration or JAMS Rules.

(b) The issuance of the Commencement Letter confirms that the requirements for commencement have been met, including that JAMS has received: (i) all payments required under the applicable fee schedule; (ii) the Agreement; (iii) contact information for all Parties; and (iv) proof that the Demand for Arbitration has been served on all Parties.

(c) The Demand for Arbitration referred to in Rule 5(b) is the notice of claim described in Rule 8(a).

(d) The date of commencement of the Arbitration is the date of the Commencement Letter but is not intended to be applicable to any legal requirement, such as the statute of limitations, any contractual limitations period or any claims notice requirements. The term "commencement," as used in this Rule, is intended to pertain only to the operation of this and other Rules (such as Rules 3 and 28).

Rule 6. Service

(a) JAMS or the Arbitrator may require electronic filing and service of the Demand for Arbitration through the JAMS Electronic Filing System. Each Party must have an email address for the receipt of documents and notifications. Any document filed via the JAMS Electronic Filing System shall be considered filed when the transmission to the JAMS Electronic Filing System is complete. Service through the JAMS Electronic Filing System shall be considered valid and effective service.

(b) In cases where electronic filing is not required, service by a Party under these Rules is effected by providing one signed copy of the document to each Party and JAMS. Service may be made by hand-delivery, overnight delivery service or U.S. mail. Service by any of these means is considered effective upon the date of deposit of the document. If a document is served only by U.S. mail, the Party shall have an additional three (3) calendar days to act or perform; when Saturday, Sunday or other legal holiday is the date of performance, the period is extended to and includes the next day that is not a holiday.

Rule 7. Preliminary and Administrative Matters

(a) JAMS may convene, or the Parties may request, administrative conferences to discuss any procedural matter relating to the administration of the Arbitration.

(b) If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings. JAMS may inform the Parties so that one of them may advance the required payment. If one Party advances the payment owed by a non-paying Party, the Arbitration shall proceed

(c) JAMS does not maintain an official record of documents filed in the Arbitration. If the Parties wish to have any documents returned to them, they must advise JAMS in writing within thirty (30) calendar days of the conclusion of the Arbitration. If special arrangements are required regarding file maintenance or document retention, they must be agreed to in writing, and JAMS reserves the right to impose an additional fee for such special arrangements. Documents that are submitted for electronic filing are retained for thirty (30) calendar days following the conclusion of the Arbitration.

Rule 8. Notice of Claims and Defenses

(a) Notice of Claims, Affirmative Defenses and Counterclaims. Each Party shall afford all other Parties reasonable and timely notice of its claims, affirmative defenses, and counterclaims. Any such notice shall include a short statement of its factual basis and the remedies sought. No claim, remedy, counterclaim or affirmative defense shall be considered by the Arbitrator in the absence of such prior notice to the other Parties, unless the Arbitrator determines that no Party has been unfairly prejudiced by such lack of formal notice or all Parties agree that such consideration is appropriate notwithstanding the lack of prior notice.

(b) Timing of Answer, Affirmative Defenses and Counterclaims. Within ten (10) calendar days of service of the notice of claim, a Party may submit an answer, including any affirmative defenses or counterclaims. Responses to counterclaims are due within ten (10) calendar days.

(c) Any claim or counterclaim to which no response has been served shall be deemed denied. JAMS may grant reasonable extensions of time to file a response or counterclaim prior to the appointment of the Arbitrator. Failure to file an answer shall not delay the Arbitration.

(d) Jurisdictional challenges under Rule 9 shall be deemed waived, unless asserted in a response to a Demand or counterclaim or promptly thereafter, when circumstances first suggest an issue of arbitrability.

Rule 9. Interpretation of Rules and Jurisdictional Challenges

(a) Once appointed, the Arbitrator shall resolve disputes about the interpretation and applicability of these Rules and the conduct of the Arbitration Hearing. The resolution of the issue by the Arbitrator shall be final.

(b) Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which Arbitration is sought, as well as who are proper Parties to the Arbitration, shall be submitted to and ruled on by the Arbitrator. The Arbitrator has the authority to determine jurisdictional and arbitrability issues as a preliminary matter.

(c) Disputes concerning the appointment of the Arbitrator shall be resolved by JAMS.

(d) The Arbitrator may, upon a showing of good cause or when necessary to facilitate the Arbitration, extend any deadlines established in these Rules, provided that the time for rendering the Award may only be altered in accordance with Rule 23.

Rule 10. Representation

(a) The Parties, whether natural persons or legal entities such as unions, corporations, LLCs or partnerships, may be represented by counsel or any other person of the Party's choice. Each Party shall give prompt written notice to JAMS and the other Parties of the name, address, telephone number and email address of its representative. The representative of a Party may act on the Party's behalf in complying with these Rules.

(b) Changes in Representation. A Party shall give prompt written notice to the Case Manager and the other Parties of any change in its representation, including the name, address, telephone number and email address of the new representative.

Rule 11. Ex Parte Communications

No Party may have any ex parte communication with the Arbitrator regarding any issue related to the Arbitration.

Rule 12. Number of Arbitrators

If the Agreement does not specify the number of Arbitrators, the dispute shall be heard and determined by one Arbitrator, unless the Parties otherwise agree.

Rule 13. Arbitrator Selection

(a) If the Parties have selected an Arbitrator or agreed to a method of appointment, that designation or method shall be followed. When the Agreement calls for each Party to name an Arbitrator and one Party fails to do so, JAMS may name an Arbitrator for that Party.

(b) If the Parties have neither selected an Arbitrator nor agreed to a method of appointment, JAMS shall facilitate Arbitrator selection as follows:

(i) JAMS shall send the Parties a list of Arbitrator candidates immediately after the filing of the Demand. JAMS shall also provide each Party with a brief description of the background and experience of each Arbitrator candidate. JAMS may add names to or replace any or all names on the list of Arbitrator candidates for reasonable cause at any time before the Parties have submitted their choice pursuant to subparagraph (ii) below.

(ii) Within ten (10) days of service upon the Parties of the list of names, each Party may strike two (2) names in the case of a sole Arbitrator and three (3) names in the case of a tripartite panel, and shall rank the remaining Arbitrator candidates in order of preference. The remaining Arbitrator candidate with the highest composite ranking shall be appointed as Arbitrator. JAMS may grant a reasonable extension of the time to strike and rank the Arbitrator candidates to any Party without the consent of the other Parties.

(iii) If a Party fails to respond to a list of Arbitrator candidates within ten (10) days after its service, or fails to respond according to the instructions provided by JAMS, JAMS shall deem that Party to have accepted all of the Arbitrator candidates.

(c) If this process does not yield an Arbitrator or a complete panel, JAMS shall designate the sole Arbitrator or as many members of the tripartite panel as are necessary to complete the panel.

Rule 14. Disclosures, Challenge for Cause and Arbitrator Replacement

(a) Disclosures. Any disclosures regarding the selected Arbitrator shall be made as required by law or within ten (10) calendar days from the date of appointment. Such disclosures may be provided in electronic format, provided that JAMS will produce a hard copy to any Party that requests it. The Parties and their representatives shall disclose to JAMS any circumstance likely to give rise to justifiable doubt as to the Arbitrator's impartiality or independence, including any bias, any financial or personal interest in the result of the Arbitration, or any past or present relationship with the Parties or their representatives. The obligation of the Arbitrator, the Parties and their representatives to make all required disclosures continues throughout the Arbitration process.

(b) Challenge for Cause. At any time during the Arbitration, a Party may challenge the continued service of an Arbitrator for cause. If any Party becomes aware of information that could be the basis of a challenge for cause to the continued service of the Arbitrator, such challenge must be made promptly, in writing, to the Arbitrator or JAMS. Failure to do so shall constitute a waiver of any objection to continued service by the Arbitrator. Any challenge to the continued service of the Arbitrator must be based upon information that was not available to the Parties at the time the Arbitrator was selected. A challenge for cause must be in writing and exchanged with opposing Parties. Responses shall be served within seven (7) calendar days of service of the challenge. JAMS shall make the final determination as to such challenge. Such determination shall take into account the materiality of the facts and any prejudice to the Parties. That decision shall be final.

(c) Where the Parties have agreed that a Party-appointed Arbitrator is to be non-neutral, that Party-appointed Arbitrator is not obliged to withdraw if requested to do so only by the Party that did not appoint that Arbitrator.

(d) Arbitrator Replacement. If, for any reason, the Arbitrator who is selected is unable to fulfill the Arbitrator's duties, a successor Arbitrator shall be chosen in accordance with Rule 13. If a member of a panel of Arbitrators becomes unable to fulfill his or her duties after the beginning of a Hearing but before the issuance of an Award, a new Arbitrator shall be chosen in accordance with Rule 13, unless, in the case of a tripartite panel, the Parties agree to proceed with the remaining two Arbitrators. JAMS shall make the final determination as to whether an Arbitrator is unable to fulfill his or her duties, and that decision shall be final.

Rule 15. Scheduling and Location of Hearing

(a) The Arbitrator, after consulting with the Parties that have appeared, shall determine the date, time and location of the Hearing. The Arbitrator and the Parties shall attempt to schedule consecutive Hearing days if more than one day is necessary.

(b) The Arbitrator, in order to hear a third-party witness, or for the convenience of the Parties or the witnesses, may conduct the Hearing at any location. Any JAMS Resolution Center may be designated a Hearing location for any purpose.

(c) The Arbitrator may postpone any Hearing upon agreement of the Parties, upon request of a Party for good cause shown or upon the Arbitrator’s own initiative.

Rule 16. Securing Witnesses and Documents for the Arbitration Hearing

At the written request of a Party, all other Parties shall produce for the Arbitration Hearing all specified witnesses in their employ or under their control without need of subpoena. The Arbitrator may issue subpoenas for the attendance of witnesses or the production of documents either prior to or at the Hearing pursuant to this Rule or Rule 15(b). The subpoena shall be issued in accordance with applicable law. Pre-issued subpoenas may be used in jurisdictions that permit them. In the event a Party or a subpoenaed person objects to the production of a witness or other evidence, the Party or subpoenaed person may file an objection with the Arbitrator, who shall promptly rule on the objection, weighing both the burden on the producing Party and the witness, and the need of the proponent for the witness or other evidence.

Rule 17. The Arbitration Hearing

(a) The Arbitrator will ordinarily conduct the Hearing in the manner set forth in these Rules. The Arbitrator may vary these procedures if it is determined to be reasonable and appropriate to do so.

(b) The Arbitrator will determine the order of proof.

(c) Oaths. The Arbitrator shall require witnesses to testify under oath if required by law or requested by any Party, or otherwise at the discretion of the Arbitrator.

(d) Strict conformity to the rules of evidence is not required, except that the Arbitrator shall apply applicable law relating to privileges and work product. The Arbitrator shall consider the evidence that they find relevant and material to the dispute, giving the evidence such weight as they deem appropriate. The Arbitrator may limit testimony to exclude evidence that would be immaterial or unduly repetitive, provided that all Parties are afforded the opportunity to present material and relevant evidence.

(e) Affidavit. The Arbitrator may, in the Arbitrator’s discretion, consider witness affidavits or other recorded testimony even if the other Parties have not had the opportunity to cross-examine, but shall give that evidence only such weight they deem appropriate after consideration of any objection made to its admission.

(f) The Arbitrator has full authority to determine that the Hearing, or any portion thereof, be conducted in person or virtually by conference call or videoconference, or using other communications technology, with participants in one or more geographical places, or in a combined form. If some or all of the witnesses or other participants are located remotely, the Arbitrator may make such orders and set such procedures as they deem necessary or advisable.

Rule 18. Arbitration in the Absence of a Party

(a) If a Party has failed to participate in the Arbitration process, and the Arbitrator reasonably believes that the Party will not participate in the Hearing, the Arbitrator may schedule the Hearing without consulting with that Party. The non-participating Party shall be served with at least 30 days notice of the Hearing.

(b) The Arbitrator may proceed with the Hearing in the absence of a Party that, after receiving notice of the Hearing pursuant to Rule 18(a), fails to attend. The Arbitrator may not render an Award solely on the basis of the default or absence of the Party, but shall require any Party seeking relief to submit such evidence as the Arbitrator may require for the rendering of an Award.

Rule 19. Inspections

By agreement of the Parties or by request of the Arbitrator, the Arbitrator may view a site relevant to the subject matter of the dispute. The Arbitrator has final authority to determine who may be present at the inspection.

Rule 20. Closing and Reopening the Hearing

(a) Closing the Hearing. After all the evidence has been received, the Arbitrator shall declare the Hearing closed; but if submission of post-Hearing briefs and/or closing arguments are contemplated, the Hearing shall be deemed closed upon the submission of such statements or the making of such argument, whichever is later.

(b) Reopening the Hearing. At any time before the Award is rendered, the Arbitrator may, upon good cause shown or if they otherwise deem it appropriate, reopen the Hearing. If the Hearing is reopened, the time to render the Award shall be calculated from the date the reopened Hearing is declared closed by the Arbitrator.

Rule 21. Waiver of the Hearing

The Parties may agree to waive the Hearing and submit the dispute to the Arbitrator for an Award based on written submissions and other evidence as the Parties may agree.

Rule 22. Stenographic Record and Interpreters

(a) Stenographic Record. Any Party may arrange for a stenographic record to be made of the Hearing and shall inform the other Parties and the Arbitrator of same in advance of the Hearing. The Parties may either share the cost or, if they do not, the requesting Party must make the stenographic record available at no charge to the non-requesting Party and to the Arbitrator if the requesting Party intends to reference the stenographic record in the proceeding.

(b) Interpreters. Any Party that wishes to use an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service.

Rule 23. Awards

(a) Governing Law and Remedies. In determining the merits of the dispute, the Arbitrator shall be guided by the terms of the Parties’ Collective Bargaining Agreement. The Arbitrator may grant any remedy or relief that is just and equitable and consistent with the Parties' Agreement.

(b) Award Upon Settlement. If the Parties settle their dispute during the course of the Arbitration and if the Parties so request, the Arbitrator may set forth the terms of the settlement in a Consent Award.

(c) Form of the Award. The Award shall consist of a written statement signed by the Arbitrator regarding the disposition of each claim and the relief, if any, as to each claim. Unless all Parties agree otherwise, the Award shall also contain a concise written statement of the reasons for the Award.

(d) Timing. Unless the Parties have agreed otherwise, the Arbitrator shall render an Award within thirty (30) calendar days after the date of the close of the Hearing, as defined in Rule 20, or if a Hearing has been waived, within thirty (30) calendar days after the receipt by the Arbitrator of all materials specified by the Parties.

(e) Issuance. After the Award has been rendered, and provided the Parties have complied with Rule 28, JAMS shall issue the Award by serving copies upon the Parties. Service may be made by U.S. mail. It need not be sent certified or registered.

(f) Modification. Within twenty (20) days after service of the Award by JAMS, any Party may serve upon the other Parties and file with JAMS a request that the Arbitrator correct any clerical, computational or typographical errors in an Award. The other Parties shall have ten (10) calendar days to respond to the request. The Arbitrator may make any necessary and appropriate corrections to the Award within twenty (20) calendar days of the request and any response thereto.

(g) Finality. The Award is considered final, for purposes of a judicial proceeding to enforce, modify or vacate the Award, twenty-one (21) calendar days after service if no request for a correction is made, or as of the effective date of service of a corrected Award.

(h) Enforcement. Proceedings to enforce, confirm, modify or vacate an Award shall be controlled by applicable law. The Parties to an Arbitration under these Rules shall be deemed to have consented that judgment upon the Award may be entered in any court having jurisdiction thereof.

Rule 24. Confidentiality and Privacy

(a) JAMS and the Arbitrator shall maintain the confidential nature of the Arbitration proceeding and the Award, including the Hearing, except as necessary in connection with a judicial challenge to or enforcement of an Award, or unless otherwise required by law or judicial decision.

(b) The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets or other sensitive information.

(c) Subject to the discretion of the Arbitrator or agreement of the Parties, any person having a direct interest in the Arbitration may attend the Arbitration Hearing.

Rule 25. Waiver

If a Party becomes aware of a violation of or failure to comply with these Rules and fails promptly to object in writing, the objection shall be deemed waived, unless the Arbitrator determines that waiver will cause substantial injustice or hardship.

Rule 26. Sanctions

The Arbitrator may order appropriate sanctions for failure of a Party to comply with its obligations under any of these Rules or with an order of the Arbitrator. These sanctions may include, but are not limited to, assessment of Arbitration fees and Arbitrator compensation and expenses; responsibility for any other costs occasioned by the actionable conduct; exclusion of certain evidence; drawing adverse inferences; or, in extreme cases, determining an issue or issues submitted to Arbitration adversely to the Party that has failed to comply.

Rule 27. Disqualification of the Arbitrator as a Witness or Party and Exclusion of Liability

(a) The Parties may not call the Arbitrator, the Case Manager or any other JAMS employee or agent as a witness or as an expert in any pending or subsequent litigation or other proceeding involving the Parties and relating to the dispute that is the subject of the Arbitration. The Arbitrator, Case Manager and other JAMS employees and agents are also incompetent to testify as witnesses or experts in any such proceeding.

(b) The Parties to an Arbitration under these Rules agree that neither the Arbitrator nor the Case Manager nor JAMS, including its employees or agents, shall be liable to any Party for any act or omission in connection with any Arbitration conducted under these Rules, including, but not limited to, any disqualification of or recusal by the Arbitrator.

Rule 28. Fees

Each Party shall equally split JAMS Arbitration fees and expenses, as set forth in the JAMS fee schedule, absent a provision within the Collective Bargaining Agreement in effect at the time of the commencement of the Arbitration stating otherwise, or other Party agreement as to a different allocation of fees and expenses. JAMS' agreement to render services is jointly with the Party and the attorney or other representative of the Party in the Arbitration. Non-payment of fees may result in an administrative suspension of the case in accordance with Rule 7(b). The Parties are jointly and severally liable for the payment of JAMS Arbitration fees and Arbitrator compensation and expenses. If one Party has paid more than its share of such fees, compensation and expenses, the Arbitrator may award against any Party any such fees, compensation and expenses that such Party owes with respect to the Arbitration.

Rule 29. Abeyance

At any time prior to an Arbitrator issuing an Award, upon mutual agreement, a case may be placed in abeyance for a period not to exceed one (1) year. Absent a renewed mutual request, the case will then be closed. 

Rule 30. Expedited Procedures

(a) If these Expedited Procedures are referenced in the Parties' Agreement to arbitrate or are later agreed to by all Parties, they shall be applied by the Arbitrator.

(b) JAMS shall appoint a single Arbitrator unless the Parties’ Agreement calls for a different number of Arbitrators, in which case JAMS shall appoint all Arbitrators.

(c) The appointed Arbitrator(s) shall hear and determine the case promptly, and in no event more than fourteen (14) days following the appointment of the Arbitrator. The hearing shall be limited to a single day.

(d) JAMS is authorized to substitute another Arbitrator if a vacancy occurs or if an appointed Arbitrator is unable to serve promptly.

(e) The Arbitrator shall fix the date, time and place of the Hearing, notice of which must be given at least 24 hours in advance. Such notice may be given orally or electronically. (f) The Hearing shall be conducted by the Arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the Parties.

(g) The Award shall be rendered promptly by the Arbitrator and, unless otherwise agreed by the Parties, no later than seven (7) days from the date of the closing of the Hearing. These dates may be extended by the Arbitrator for good cause.