ARB. Wherever a difference relating to the interpretation, application, administration or alleged violation of this Agreement arises between the Association and the Company, there shall be no stoppage of work and either party may, after exhausting the grievance procedure established by this Agreement, institute arbitration proceedings within calendar days after the disposition of the matter by the Company in accordance with subsection but no later, in the manner set forth below, to have the difference in question determined. It is expressly agreed that the right to arbitration does not extend to any matters other than those concerning the interpretation, application, administration or alleged violation of this Agreement. In the event that it becomes necessary to submit any matters to arbitration, the parties will endeavour in each instance to agree upon and appoint a single arbitrator within seven (7) days after the service by either party upon the other of written notice to arbitrate. If the parties fail to agree upon the appointment of an arbitrator, application may be made by either party, on written notice to the other, to the Minister of Labour for Canada, to appoint as arbitrator a person knowledgeable and experienced in the interpretationof written collective agreements. The arbitrator shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions thereof, and in reaching his decision he shall be bound by the terms and provisions of this Agreement. The arbitrator shall, before the hearing, require the representatives of the parties to attend before him to define the question of interpretation, application, administration or alleged violation to be arbitrated and to establish the procedure to be followed at the hearing. All steps in connection with the arbitration shall be taken as expeditiously as possible. The parties shall each bear one-half of the fees and expenses of the arbitrator and of any clerk or stenographer whom he may require and, except as aforesaid, each party shall bear all expenses incurred by it whether of witnesses, the attendance of witnesses and representatives, exhibits or otherwise. The decision of the arbitrator shall be final and binding on the parties, but such decision shall not have retroactive effect prior to the date of the occurrence on which the grievance is based.
ARB. Int’l 275; Xxxxxxxxx, Zur Unvereinbarkeit von Schiedsklauseln in Allgemeinen Gescha¨ftsbedingungen mit dem SchSprAnerkU¨ bk, ZEuP 1994, 682; X. Xxxxxxx, Pra¨klusion und Einlassung auf die schiedsgerichtliche Verhandlung zur Hauptsache – Vertrags- denken und Prozeßdenken in der ju¨ngeren Praxis, in: Habscheid/Schwab (eds), Beitra¨ge zum internationalen Verfahrensrecht und zur Schiedsgerichtsbarkeit, Festschrift fu¨r Xxxxxxxx Xxxxx zum 75. Geburtstag, Xxxxxxxxxxx 1987, p. 373; Xxxxxxx-Xxxxxxxx/Ho¨ttler, Anwendbares Recht bei Schiedsverfahren mit Sitz in Deutschland, SchiedsVZ 2011, 267; Xxxxxxx, La forme e´xxxxx de l’article II, al. 2 de la Convention de New York, SJZ 1968, 49; Xxxx, Internationale Gerichtsstands- und Schiedsklauseln in Allgemeinen Gescha¨ftsbedingungen, RIW 1998, 102; Xxxxxxxx, The Assign- ment of Arbitration Agreements, in: Gaillard/Xx Xxxxxx (eds), Enforcement of Arbitration Agreements and International Arbitral Awards – The New York Convention in Practice, Cameron May 2008, p. 381; Thorn, Termingescha¨fte an Auslandsbo¨rsen und internationale Schiedsgerichtsbarkeit, IPRax 1997, 98; Wackenhuth, Zur Behandlung der ru¨gelosen Einlassung in nationalen und internationalen Schiedsverfahren, KTS 1985, 425; Wackenhuth, Ersetzbarkeit der Formerfordernisse des Art. 2 Abs. 2 des UN-U¨ bereinkommens durch Klageerhebung und ru¨gelose Einlassung vor dem Schiedsgericht?, RIW 1985, 568; Wackenhuth, Die Schriftform fu¨r Schiedsvereinbarungen nach dem UN-U¨ bereinkommen und Allgemeine Gescha¨ftsbedingungen, ZZP 99 (1986), 445; Xxxxxx, Die Vollmacht zum Abschluss einer Schiedsabrede, insbesondere im internationalen Verha¨ltnis, in: Forstmoser/Giger/Heini/Xxxxxxx (eds), Festschrift fu¨r Xxx Xxxxxx zum 65. Geburtstag, Schulthess 1989, p. 677; Xxxxxx, Das Schiedsverfahren im deutsch-italie- nischen Rechtsverkehr, RIW 1982, 693; Xxxxxx, Case Note: BGH, January 26, 1989, X ZR 23/87, JZ 1989, 590; Wegen/Xxxxxx, The “In-Writing-Requirement” for Arbitration Agreements – An Anachronism?, IDR 2004, 771; Xxxxx, Case Note: BGH, March 1, 2007, III ZB 7/06, ZZP 120 (2007), 371; Xxxxx, Judicial Assistance by German Courts in Aid of International Arbitration, 19 Am. Rev. Int’l Arb. 145 (2008); Xxxxx, Party Autonomy to Agree on Non-Final Arbitration?, 26(3) ASA Bull. 626 (2008). Specific Bibliography (Article II(3)): Xxxxxxxx, The Incapacity Defence Under the New York Convention, in: Gaillard/Xx Xxxxxx (eds), Enforcement of Arbitration Agreements and Interna- tional Arbitr...
ARB. ARB" is an abbreviation intended to refer to the Architectural Review Board. The ARB is a standing committee of the Association charged under these Covenants with certain responsibilities regarding the improvements located or to be located on the Lots.
ARB. (a) The of Arbitration shall have jurisdiction to determine whether a grievance is arbitrable. The of Arbitration may extend the time for taking any step in the grievance process or arbitration procedure, even after the expiration of the time, if the Arbitrator or Arbitration Board is satisfied that there are reasonable grounds for the extension and that the other party would not be unduly prejudiced by the extension.
ARB. Notification of intention to proceed to arbitration shall be given in writing to the City Council, or representatives thereof, prior to proceeding to arbitration and within fourteen (14) working days, or a time mutually agreed upon, of the decision rendered by the City Council or representatives thereof, under Step of the grievance procedure. An arbitration board or single arbitrator shall have no power to alter, modify, detract from, suspend, add to, amend or change rates of pay or any other provision for an existing provision. Each party shall be responsible for the expenses of their own appointee and also for an equal share of the fees and expenses of the chairperson. If, after negotiation or arbitration, it is established that an employee has been improperly disciplined or discharged, the employee shall be reinstated and consideration of the grievance shall include compensation for time lost if any. No person may be appointed nominee who has been involved in an attempt to negotiate or settle the grievance.
ARB. ARB is a corporation organized under the laws of the State of California and registered as a bank holding company pursuant to the Bank Holding Company of 1956, as amended (“BHCA”), having its principal place of business in Sacramento, California. B. American River Bank. American River Bank (“AR Bank”) is a California state bank organized under the laws of the State of California, having its principal place of business in Sacramento, California, and wholly owned subsidiary of ARB. C. Parent. Parent is a corporation organized under the laws of the State of California and registered as a bank holding company pursuant to the BHCA, as amended, having its principal place of business in Novato, California. D. Bank of Marin. Bank of Marin (“Bank”) is a California state bank organized under the laws of the State of California, having its principal place of business in Novato, California, and wholly owned subsidiary of Parent. E.
ARB. ARB is a corporation organized under the laws of the State of California and registered as a bank holding company pursuant to the Bank Holding Company of 1956, as amended (“BHCA”), having its principal place of business in Sacramento, California.
ARB. If, after exhausting the provisions of the Grievance Procedure, the Union dissatisfied with the decision of the British officials, the Union may British Airways within twenty (20) days of the receipt of the rendered in Article paragraph of the Grievance Procedure that Arbitration is desired. shall be selected by mutual agreement between British Airways and the Union within five (5) work days of receipt of the written statement required, If the parties fail to select an Arbitrator, as in above, either party, within (5) work days thereafter, may request the Minister of Labour of Canada to appoint an Arbitrator. Subject to mutual agreement between British Airways and the Union, the time limit provision in paragraphs and may be extended up to a maximum of fourteen (14) work days. The fees and of the Arbitrator shall be borne equally by the parties to the Arbitration. The Arbitrator shall not have jurisdiction to change by his decision, in whole or part, the provisions of this Agreement. The Arbitrator, however, respect of a grievance involving a penalty, shall be to modify such penalty as, in his opinion, just and equitable. The of Arbitration will be and the decision of the Arbitrator will be final and binding, Eight consecutive hours shall constitute a standard work shift inclusive of meal rest periods, The standard work week shall be forty (40) hours. Employees shall have eight days off every four (4) week period. Days off shall be allotted blocks of two (2) or more consecutive days equalling not less than (56) hours mutually agreed between the and their respective For the implementation of consecutive days off the adjoining roster may be used. Employees shall not work in excess of eight consecutive days without having days off, unless this extended by mutual agreement. roster will be acceptable unless provides for a minimum of (1) weekend per employee in every four week roster except when otherwise mutually agreed. covered by this work shifts shall be rotated between evening night shifts according to schedules mutually acceptable to British and the majority of employees in the section or Department involved, except when extenuating requirements of the dictate otherwise. The normal starting and stopping time for work shifts will be Scheduled and posted, in advance, covering a six (6) week roster period, in each unless mutually agreed by the majority of staff in the concerned, shall not be changed without five (5) calendar days' notice to an employee affecte...
ARB. The parties by mutual agreement appoint a Single Named Industry Arbitrator and an Alternate. COST APPORTIONMENT The parties shall bear in equal proportions the fees and expenses of the Arbitrator or the Alternate Arbitrator, including the rental of any premises used for the Hearing. This shall apply in all cases except where, as provided in Section the Arbitrator is called upon to reconsider his Decision. In such latter instances the fees and expenses connected with his reconsideration of the Decision, including the rental of any premises used, shall be borne in fully by the party which requested such reconsideration.
ARB a. Regarding auditable documentation for the projects accomplished under this MOU, BCAQMD will retain all of the original documentation for each project and GCAPCD will retain copies of the work that they performed for each project.
