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To facilitate this reporting, we have established an external hotline in all the countries and languages we have operations in.Constellium Whistleblower Policy (PDF - in English only) Form SD – Specialized Disclosure Report (Jan 1 to Dec 31, 2013) Form SD – Specialized Disclosure Report (Jan 1 to Dec 31, 2014) Form SD – Specialized Disclosure Report (Jan 1 to Dec 31, 2015) Form SD – Specialized Disclosure Report (Jan 1 to Dec 31, 2016) Mr.Constellium Nominating & Governance Committee Charter (PDF - in English only) Our worldwide Code of Employee and Business Conduct sets out the standard of behavior we expect from our employees.The Code governs the way Constellium acts in business, and how we expect our business partners, customers and suppliers to behave. Marietta, III, the former Chief Financial Officer of the P. Significantly, the new agreement incorporated by reference the arbitration provision of Article XI as contained in the March 31 agreement. Mutual Insurance Company (“PIE”), appeals from a judgment of the common pleas court denying his motion to stay proceedings and compel arbitration of claims filed by James Boedeker, M. Scarcely a month after that investigation began, on July 29, 1997, Rogers, on behalf of PIE, entered into a new agreement with Marietta which terminated Marietta's March 31 employment contract, recited that PIE had paid Marietta ,568,863 in consideration of such termination, and further provided that Marietta agreed to remain in PIE's employ. The court denied his motion, and he now appeals and raises one assignment of error for our review, which states:“The court of common pleas erred in denying appellant marietta's motion to stay proceedings pending arbitration.”Marietta urges the court erroneously denied his motion to stay the proceedings pending arbitration because the claims alleged are within the scope of the arbitration provision of his employment contract with PIE, and even though the individual policyholders did not sign that contract, the court should enforce the arbitration clause contained in it. Hence, they are not subject to the provisions of the arbitration clause contained in the employment contract. In response, Marietta requested arbitration of these claims pursuant to the terms of his employment contract with PIE. These claims do not seek relief based on Marietta's performance of his duties as Treasurer or Chief Financial Officer of the company; rather, they are tort claims for an alleged breach of a fiduciary duty which arises as a result of his position of trust as an officer of the corporation, not from a breach of his employment contract.
In accord with this case authority, the individual claims asserted by the appellees here are not subject to the arbitration clause, since none of the appellees are signatories to Marietta's employment contract. Mc Quillan; Christopher Mellino, Cleveland, for Melvyn Dinner. Greene & Mc Quillan Co., William Martin Greene and Jean M. arising out of the collapse of the medical insurance company.
As a general proposition, a party to an action cannot be required to arbitrate a dispute between itself and a second party unless they have previously agreed in writing to arbitration. Frazier IV, Philadelphia, PA; Martindale & Brzytwa and John E.