Common use of Joint Board Clause in Contracts

Joint Board. Section 1. Except as otherwise provided herein it is agreed that there shall be no stoppage of work for any reason or cause until every effort for arbitration of such disputes has been exhausted. Section 2. For the duration of this Agreement, the Union will not authorize any strike, slowdown, or stoppage of work; nor will the MCA engage in any lockout or work stoppage except as provided for in this Agreement. Section 3. There is hereby established a Joint Arbitration Board which shall consist of three (3) members selected by the Union and three (3) members selected by the MCA. This Joint Board shall elect a Chairman and a Secretary. If the Chairman is a Union representative, the Secretary shall be an MCA representative, and vice versa. The Joint Board shall meet within twentyfour (24) hours to consider any Section 4. The Joint Arbitration Board shall have authority to hear and determine all grievances and disputes arising under the interpretation of this Agreement. The Joint Board shall have the authority to levy damages, require the enforcement of all provisions of this Agreement, order the cessation of practices in conflict with this Agreement, assessment of cash bond deposits, provide hearings, and grant any other remedy necessary to effectuate the terms of the Agreement. THE JOINT BOARD SHALL NOT HAVE THE AUTHORITY TO AMEND OR MODIFY THIS AGREEMENT. Joint Board shall have the authority to require any employer to deposit more than the minimum initial deposit if such employer has had a past history of delinquencies or may complete the job and be out of the area before the contributions are due. Section 5. The Union or the MCA may replace any of its respective members of the Joint Arbitration Board at any time by written notice to the other party and the members of the Joint Board. Section 6. In the event that the Joint Board is deadlocked, or fails to act within three (3) days after submission of any grievance or dispute, and an extension of time is not mutually agreed upon, an impartial member shall be selected by mutual agreement, however, if no agreement is reached, such impartial member shall be selected under the provision set forth by the American Arbitration Association. The cost of such arbitration shall be borne by the Joint Arbitration Board. All decisions of the Joint Board or decisions of an impartial member, in the case of arbitration, shall be final and binding on the Union, the MCA, the employer, employee and all persons bound to or signatory to this Agreement, and the members of the Joint Board. Section 7. Anyone accused of violation of this Agreement must be presented with a copy of the alleged violation at the time he is notified to appear before the Joint Arbitration Board to answer such charges. All members of the Joint Board shall also be presented with a copy of the alleged violations at the time notice is sent for the meeting. After the Joint Board has heard the testimony of the accused violator to appear before the Joint Board or answer the alleged violations in writing, the Joint Board shall make a determination of the dispute. If the Joint Board determines that the accused violator has violated this Agreement, the Joint Board may assess damages in accordance with the number of such previous violations and the seriousness of the violations. All assessed damages collected shall be deposited into the account of the Joint Arbitration Board. Section 8. Any grievance or dispute involving the terms and conditions of this Agreement shall first be referred by the Union to the employer involved. In the event these parties are unable to adjust the matter, the Union may proceed with economic action against such employer provided such employer does not appear on the current lists of Members of the MCA covered by the MCA Blanket Guarantee. If such employer does appear on said current lists, the Union shall present such dispute to the Joint Board in accordance with this Article and no stoppage of work shall be permitted until such time as the determination of such dispute is made by the Joint Arbitration Board or impartial member in the event of arbitration. Section 9. It shall not be a violation of this Agreement for the Union to refuse to man any job or withdraw its members from any job of any employer who has been found to be in violation of this Agreement by the Joint Arbitration Board if he/she fails to correct such violation.