Failing Settlement Sample Clauses

Failing Settlement. Failing settlement of the grievance at Step Three, the matter may be referred to arbitration no later than ten (10) business days after the written decision at Step Three has been provided in accordance with Article 13.06.
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Failing Settlement. (a) Should the General Manager or designate fail to render his/her decision as provided for in STEP 3, or failing settlement of the grievance the grievance may be referred to Arbitration as provided for in Article 9 hereof by either the Union or the Employer.
Failing Settlement. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitral, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits.
Failing Settlement. The shift committee person and the shift xxxxxxx, if requested, may present the grievance of the employee to the Operations Manager within days after the receipt of the reply of the supervisor or designate. At this stage grievance shall be discussed between the on shift committee person, the xxxxxxx, if requested by either party, and the Operations Manager. The Company shall give a written response within days of receipt of the grievance. Failing Settlement: The grievance shall be referred to the Human Resources department within days by the Chairperson. The grievance shall be discussed by the Director of Human Resources or designate, the Senior Director of Operations or designate, the Chairperson and the shift committee The President, National representative,the Shift Xxxxxxx or if requested by either party to discuss the matter may attend the meeting. The Employer or the file a policy commencing at Step or Step In the case of discharge, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within seven (7) days from the date of dismissal and shall commence at Step In any subsequent disposal of this case during the grievance procedure, the Employer may reinstate the employee, suspend the employee for a definite period, or sustain the discharge, if mutually agreed to by the parties to this Agreement. If an agreement cannot be reached the matter may be referred through the provisions of Article Should the grievance involve the alleged misinterpretationor violation of the Agreement of applicable government legislation, either party may be free to appeal to arbitration or within thirty-one (31) days from the date of the Step response. The parties shall attempt to agree on a single arbitrator or If the parties agree on the arbitrator or the party requesting the referral shall then refer the grievance to the chosen party with a statement of the issue to be arbitrated upon by if requested. Notice of said referral and a copy of said statement shall be forwarded simultaneously to the other party. The decision of the arbitrator or shall be final and upon all The arbitrator or as the case may be, shall not have any jurisdiction to alter or modify any of the provisions of this Agreement, nor to substitute any new provision in lieu thereof, nor to make any decision inconsistent with the terms and provisions of this Agreement. In determining any discharge or any other disciplinary grievance, the arbitrator or as th...
Failing Settlement. Step 1 The Xxxxxxx will reduce the unresolved concern to writing. This will be written on the form provided by the Union signed by the employee and shall then constitute a grievance. All grievances shall identify the Article, clause or clauses of this agreement or applicable legislation alleged to have been violated and the remedy sought. The Xxxxxxx will present the grievance to the Director of Housekeeping or designate within ten (10) days or when the Union became aware from the receipt of the reply of the Supervisor or designate. At this stage, the grievance shall be discussed between the on-shift Xxxxxxx and Director of Housekeeping or designate. The Director of Housekeeping or designate shall provide a written response within ten (10) days.
Failing Settlement. An International Representative of the United Association and Employer Representative shall meet within a period of ten (10) working days thereafter for the purpose of attempting to settle the grievance. Failing settlement at this step, the grievance may be advanced to Step 3.
Failing Settlement. Step 1 The shift Committee Person will reduce the unresolved concern to writing. This will be written on the form provided by the Employer signed by the Employee and shall then constitute a grievance. All grievances shall identify the article, clause or clauses of this Agreement or applicable legislation alleged to have been violated and the remedy sought. The shift Committee Person will present the grievance to the Terminal Manager or designate within five (5) days from the receipt of the reply of the Supervisor or designate. At this stage, the grievance shall be discussed between the on-shift Committee Person and the Terminal Manager or designate. The Terminal Manager or designate shall provide a written response within five (5) days of receipt of the grievance.
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Failing Settlement. Step 2 The grievance shall be referred to the Human Resources department within five (5) days by the Chairperson. The grievance shall be discussed by the Director of Human Resources or designate, the Vice-President of Operations or designate the Chairperson and the shift committee member. The Local President, National Representative, or grievor if requested by either party to discuss the matter may attend the meeting. The Director of Human Resources or designate shall provide a written response within seven (7) days of receipt of the date of the discussion.

Related to Failing Settlement

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Final Settlement The Parties agree and acknowledge that this Compromise Agreement shall constitute a final settlement between the Parties. This Compromise Agreement resolves only issues addressed in the Compromise Agreement.

  • The Settlement The Settlement was reached on May 11, 2018. Class Counsel filed this action on May 10, 2018. Over two years prior to the filing of this action, Class Counsel and Defendant’s Counsel conducted an adversarial informal discovery process. Class Counsel reviewed and analyzed thousands of pages of documents provided by Defendant and also reviewed many other documents, including U.S. Department of Labor Forms 5500 and other publicly available documents. The Parties participated in mediation before a nationally recognized mediator who has extensive experience in resolving similar claims involving other 401(k) plans. Only after six months of extensive arm’s length negotiation following the mediation were the parties able to agree to the terms of the Settlement. As part of the Settlement, a Qualified Settlement Fund of $17,000,000 will be established to resolve the Class Action. The Net Settlement Amount is $17,000,000 minus any Administrative Expenses, taxes, tax expenses, Court-approved Attorneys’ Fees and Costs, Class Representatives’ Compensation, and other approved expenses of the litigation. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. In addition to the monetary component of the Settlement, the Parties to the Settlement have agreed to certain additional terms: (1) During the first eighteen months (18) following the final approval of the Settlement, Defendant has agreed that the Plan’s fiduciaries will conduct a Request for Proposal (“RFP”) process for recordkeeping services to the Plan; (2) Within the first year following final approval of the Settlement, Defendant has agreed to publish a communication to then current Plan participants explaining the risks and benefits of the Plan’s money market fund investment option; (3) Defendant also will use an independent consultant familiar with fixed income investment options in defined contribution plans who will review the investment lineup and make recommendations to the Plan’s fiduciaries regarding whether to retain the money market fund and whether to add a stable value or comparable fund; (4) In addition, during the three- year Settlement period, Defendant has agreed to provide Class Counsel a list of the Plan’s investment options and fees; and (5) In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will consider: (a) the lowest-cost share class available for any particular mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (b) the availability of revenue sharing rebates on any share class available for any particular mutual fund considered for inclusion in the Plan; and (c) the availability of collective trusts, to the extent such investments are permissible and are otherwise identical to a particular mutual fund considered for inclusion in the Plan.

  • Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • CLOSING AND SETTLEMENT Seller/Landlord shall determine the title company at which settlement shall occur and shall inform Buyer/Tenant of this location in writing. Buyer/Tenant agrees that closing costs in their entirety, including any points, fees, and other charges required by the third-party lender, shall be the sole responsibility of Buyer/Tenant. The only expense related to closing costs apportioned to Seller/Landlord shall be the pro-rated share of the ad valorem taxes due at the time of closing, for which Seller/Landlord is solely responsible.

  • Loss Settlement Covered property losses are settled as follows:

  • Monetary Settlement Terms 3.1 Civil Penalty Payment

  • Commercial Settlement All the commercial settlements under this agreement shall be as per Government of Gujarat’s Solar Power Policy 2015 and Order No. 3 of 2015 dated 17.08.2015 of the Gujarat Electricity Regulatory Commission and any subsequent orders in this regard. The commercial settlement will be as follows:

  • DISPUTES SETTLEMENT (1) Should any dispute arise as to the operation of this agreement and the parties are unable to resolve that dispute by amicable negotiation the parties shall refer such dispute to the Industrial Relations Commission for -

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