Common use of Appeal Procedure Clause in Contracts

Appeal Procedure. If not satisfied with the above referenced decision, the UAW may file a written appeal of the decision within five (5) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business days of the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolution.

Appeal Procedure. If not satisfied with after every effort has been made to provide medical evidence of disability satisfactory to the above referenced decisionplan administrator, the UAW claim for benefits or continuation of benefits is rejected by the plan administrator, the claimant may file a written appeal of the decision rejection within the five (5) business working days after service of immediately following the decisionnotice that claim is rejected by requesting the Union and the Company to refer the case to a medical referee. The appeal must specify the unresolved issues, all relevant facts Union and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution PanelCompany shall, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five seven (57) business working days of the following receipt of the appeal request by the Campus Labor Relations Office. The Dispute Resolution Panel employee, appoint a medical referee acceptable to both parties who will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision claimant’s case within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated working days of his appointment. The referee will have no ties with any Company or Union organization and may refuse to handle a case if he finds himself in a conflict of interest. The referee will have access to all relevant medical records, will be authorized by the UAW employee to discuss his case with his treating physician and if deemed necessary by him, examine the claimant before making a determination of his medical condition. The referee will decide within ten names designated by the Office (10) days of the Presidentreview whether or not the claimant is eligible for benefits. Each individual to be included on Appendix D must be a member The decision of the Academic Senate on any medical referee is subject to the arbitration procedure set forth in Article VII, section 6, of the University Agreement. All other matters dealing with these benefits which are not related to medical evidence are subject to the normal arbitration procedure pursuant to Article VII, Section 6, of California campusesthe Collective Agreement. Any employee returning to work following an extended absence must, have expertise as if requested, authorize the Company’s medical staff to discuss his case with his treating physician to ensure that he is capable of resuming the regular duties of his job. If he is deemed unable to resume the normal duties of his occupation, representation will be made on his behalf to the plan administrator to reinstate the benefits. Should a neutral in labor-management dispute resolutiondisagreement arise with respect to the employee’s ability to resume work, and have expertise in matters of faculty governancethe above appeal procedure would apply. The parties reserve plan administrator will advise the right to annually amend claimant at least two (2) weeks in advance of the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occursdate benefit payments will cease. The Dispute Resolution Panel shall apply claimant who feels the terms benefits should continue beyond that date must file a supplemental claim and present medical evidence supporting his claim. If this evidence is presented before the cessation date and is not acceptable to the plan administrator and the claimant elects to appeal, benefit payments will nevertheless be continued until the medical referee has rendered his decision. The claimant must sign an undertaking to remit to the plan administrator the payments made during the referee appeal period, should the referee deem him ineligible. During the life of this Labour Agreement, the Company will prepare and issue to each employee a retirement booklet summarizing the main provision of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names Smurfit-MBI retirement plan as it applies to Appendix D may be challenged employees covered by either party within 30 days of designation and shall be submitted to an arbitrator for resolutionthis Agreement.