(a) Definitions. In this Section:
(1) Dispute means a disagreement between a person who holds a taxicab driver identification card issued under this Chapter and the fleet or association under whose colors the person drives over whether an action taken by the fleet or association to terminate, suspend or impair the person’s ability to drive under the fleet or association’s colors, or to terminate, suspend or impair the person’s right to enjoy the resources and benefits provided by the fleet or association, on the same basis as other similarly situated fleet or association drivers, was reasonable and based upon good cause.
(2) Good cause means one or more of the causes for revocation of an identification card under Section 53-604, or a material failure of a driver to comply with established, written rules or practices of the company or to perform in accordance with his or her written contract with the company, after reasonable notice and an opportunity to comply or perform.
(b) Each fleet or association may have a written dispute resolution procedure as part of its agreements with its affiliates or drivers, so long as such dispute resolution procedure incorporates, at a minimum, binding arbitration pursuant to the American Arbitration Association Commercial Arbitration Rules, R-1 through R-58.
(c) If a fleet or association has an agreement with an affiliate or driver that does not include a dispute resolution procedure meeting the requirements of subsection (b), then disputes will be subject to resolution under this subsection.
(1) disputes must first be the subject of an internal grievance procedure conducted as follows:
(A) the aggrieved party must submit a complaint in writing to the fleet or association within 30 days from the date of the fleet or association’s action, containing a written statement of the matter in dispute and the names, addresses and telephone numbers of each party to the dispute.
(B) within two weeks after the submission of the written complaint, the fleet or association must appoint a representative from within the fleet or association to hear the dispute. The representative must have had no direct or indirect involvement in the dispute.
(C) within two weeks after appointment, the representative must conduct an informal hearing concerning the dispute.
(D) both parties must use best efforts to resolve the dispute.
(E) within two weeks after the hearing has been concluded, the fleet or association representative must provide a written decision.
(2) If the dispute is not resolved through the internal grievance procedure, both parties may agree to informal or formal mediation of the dispute, pursuant to paragraph (3). If the parties fail to agree to mediation, either party may elect to proceed to arbitration, pursuant to paragraph (4).
(3) Informal or formal mediation.
(A) within two weeks after the internal grievance procedure has been concluded, any party requesting mediation must submit a written notice requesting mediation to all parties.
(B) within two weeks after such notice has been submitted, the parties may agree to an impartial person to mediate the dispute in an informal process. If the parties do not agree to informal mediation, the party requesting mediation must submit a written Request for Mediation to the American Arbitration Association (AAA). If the parties are unable to agree to mediation, either party may elect to proceed to arbitration, pursuant to paragraph (4).
(C) a request for mediation must contain a brief statement of the dispute, and the names and addresses and telephone numbers of each party to the dispute.
(D) the mediator must notify all parties of the time, date and place of the mediation.
(E) the costs of the mediation must be borne equally by the parties unless they agree otherwise in writing.
(F) the mediation conducted by AAA must be in substantial accord with the American Arbitration Association Commercial Mediation Rules, M-1 through M-17.
(G) the mediator may end the mediation if, in the sole discretion of the mediator, the continuation of the mediation would not be useful.
(H) the parties in mediation must use their best efforts to resolve the issues in controversy and the mediator may execute a written settlement agreement if agreed on by the parties but may not impose a settlement on the parties.
(4) Where neither the internal grievance procedure nor mediation, if attempted, has resolved the dispute, either party may submit the matter to arbitration, which is binding upon the parties. Such arbitration must be conducted as follows:
(A) within two weeks after the mediation process or the internal grievance procedure has been concluded, the party requesting arbitration must submit a written notice of intent to arbitrate to all parties.
(B) within two weeks after such notice has been submitted, an impartial person to arbitrate the dispute must be agreed upon by the parties, or, if the parties do not agree, the party requesting arbitration must submit a written request for arbitration to the (AAA) and simultaneously mail a copy of the request for arbitration to every party to the dispute.
(C) a request for arbitration must contain a brief statement of the dispute, and the names and addresses and telephone numbers of each party to the dispute.
(D) the arbitrator must notify all parties and their representatives, if any, of the time, date and place of the arbitration.
(E) the costs of the arbitration must be borne by the party which does not prevail, unless the parties agree otherwise in writing, or the costs are otherwise apportioned by the arbitrator if there is no prevailing party.
(F) the arbitration, whether conducted by AAA or another arbitrator chosen by the parties, must be in substantial accord with the American Arbitration Association Commercial Arbitration Rules, R-1 through R-56.
(G) the arbitrator may conclude the arbitration hearing if in the sole discretion of the arbitrator, continuation of the hearing would not be useful.
(H) within two weeks after the arbitration hearing has been concluded, the arbitrator must render an award in writing, which must be binding upon the parties and which may be enforced by any court having jurisdiction over the parties. (2015 L.M.C., ch. 39, §1.)
Editor’s note—2015 L.M.C., ch. 39, § 5, states: Transition. Notwithstanding the Expedited Effective Date of this Act, the following provisions, amended in Section 1, take effect on October 1, 2015:
(a) the maximum credit card processing charge under Section 53-218(f)(1);
(b) the dispute resolution requirements under Section 53-219;
(c) the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and
(d) the minimum liability insurance requirements under Section 53-224.