Common use of Formation and Operation Clause in Contracts

Formation and Operation. of the National Appeals Council. Business Manager shall within six (6) months of the effective date of this Business Management Agreement establish a National Appeals Council composed of one (1) delegate appointed by each of the initial Local Advisory Councils to be established by Business Manager, and two (2) delegates appointed by the Business Manager. The initial delegates of the Local Advisory Councils shall serve an initial two (2) year term, and thereafter, if the local advisory council qualifies under the then current by-laws of the National Appeals Council with respect to the eligibility of Local Advisory Councils to appoint delegates to the National Appeals Council, the local advisory council may appoint the same or a different delegate to the National Appeals Council. Business Manager's delegates to the National Appeals Council shall together have a voting power equal to the combined voting power of all delegates appointed by the Local Advisory Councils. Any matter to be determined by the National Appeals Council must receive the affirmative vote of a majority of the votes cast of the delegates appointed to the National Appeals Council. The National Appeals Council shall serve as a forum of appeal of any determinations of the Local Advisory Councils over which it chooses to have jurisdiction. In resolving such appeals it determines to hear, the National Appeals Council shall review findings of fact made by the applicable local advisory council and shall only reverse a decision of the local advisory council if the local advisory council's decision was based upon manifest error. The National Appeals Council shall also determine disputes which it chooses to have jurisdiction over and which cannot be decided because of a deadlock among the delegates of any Local Advisory Council. In the event of a deadlock among the delegates of the National Appeals Council, the dispute may be submitted by either party to the dispute to arbitration in accordance with Section 8.7 of this Agreement. In all other instances, the determination of a dispute by the National Appeals Council shall be final. The National Appeals Council's rules of operation and procedure shall be governed by by-laws to be adopted by the Local Advisory Councils' and Business Manager's delegates, and such by-laws may be amended or restated from time-to-time. Such by-laws shall be reasonable and reflect the terms and spirit of this Agreement. The National Appeals Council's decisions shall be binding upon the parties. The Practice and Business Manager covenant and agree to abide by the National Appeal Council's by-laws, as such by-laws may be amended from time-to-time.