Jurisdictional Dispute Procedure Sample Clauses

Jurisdictional Dispute Procedure. In the event a dispute involving jurisdiction arises, the disputing unions shall request the other union or unions involved to send representatives to the job site to meet with representatives of the Union and the employer to settle the dispute. If unanimous agreement including the consent of the employer, is not reached at the meeting, the Unions shall request their International Unions to assign a representative who shall make arrangements to meet representatives of the other International Union or Unions involved and representatives of the Employer on the job site to seek settlement of the dispute. If the above procedure, or any other mutually agreed upon procedure, fails to resolve the problem, then the Employer, at the request of the Union, agrees to participate in a tripartite arbitration with all the disputing parties. Failure of any party to participate in said arbitration shall not prevent the arbitration from proceeding. The impartial umpire to hear the dispute shall be selected in rotation from Xxxxx Xxx, Xxxx Xxxxx and Xxxxx Xxxx. Decisions rendered or resolutions agreed to by any of the above procedures shall be final, binding and conclusive on the Employer and the union parties. There shall be no strikes, picketing, work stoppages, slowdowns or lockout over any jurisdictional dispute. Any alleged violation of this agreement involving disputes concerning jurisdiction shall not be subject to the normal grievance and arbitration process contained in Article V and shall be resolved solely through the processes contained herein. The arbitrator shall determine jurisdiction based on industry practices, area practice, operational efficiency and economy. In addition, the scope of the arbitration shall be limited solely to the determination of jurisdiction and any such SHIFT OPERATIONS Formatted: Justified
Sample 1
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Jurisdictional Dispute Procedure. There shall be no strikes, picketing or lockouts over any jurisdictional dispute. Any assignment resulting in a jurisdictional dispute may not be grieved or arbitrated, except as set forth herein. In the event a jurisdictional dispute arises, the disputing Unions shall request the other Union or Unions involved to send representatives to the job site to meet with representatives of the Union and Employer to settle the dispute. The dispute will be submitted to Arbitrator Xxxxx Xxxxxxx. The Arbitrators shall be selected in rotating order. If an Arbitrator is not available to hear the dispute within ten (10) days, he shall be skipped and the next Arbitrator in rotation shall be selected. If necessary, the Arbitrator and all parties shall make themselves available for an evening hearing. The hearing will be completed within one (1) day, and the Arbitrator shall issue his decision within forty-eight (48) hours of the close of the hearing. If one of the disputing Unions refuses to attend the hearing, the arbitration will proceed with the other Union and the Employer. If requested by either Union or the involved Contractor, a written Opinion and Award shall be issued by the Arbitrator within thirty (30) days. The decision of the Arbitrator shall be on the basis of industry practices within the geographical area covered by the local Union where the dispute occurs, the efficiency and economy of operation (but without consideration of the comparative wage and benefits paid to the disputing trades). Fees and expenses shall be shared equally and shall be paid one-third by each of the involved Unions and one-third by the involved Contractor. Any such decision shall not result in damages being assessed against the Employer, double staffing, rework, or any other punitive provision.
Sample 1

Related to Jurisdictional Dispute Procedure

  • DISPUTE PROCEDURE (1) Unless otherwise provided in the Council's Constitution or in this Collective Agreement, any dispute within the registered scope of the Council shall be resolved as set out below:

  • Formal Dispute Process Members representing: (i) any one of the three state Participant Groups or (ii) an aggregate of at least six (6) votes, may appeal the informal Dispute by signing and furnishing to the Regional Director, the Program Manager, and each other Member, a written request to initiate a formal Dispute. This request must, with reasonable specificity, identify the issue(s) in Dispute, the relief sought, and any supporting documentation. If such a request is not received by the Regional Director within ten

  • Dispute Procedures The Final Settlement Statement shall become final and binding on the Parties on the 45th day following the date the Final Settlement Statement is received by MLP, unless prior to such date MLP delivers written notice to HOLDINGS of its disagreement with the Final Settlement Statement (a “Settlement Notice”). Any Settlement Notice shall set forth MLP’s proposed changes to the Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP proposes such changes. If MLP has timely delivered a Settlement Notice, MLP and HOLDINGS shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP and HOLDINGS by the 30th day following HOLDINGS’ receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS and fifty percent (50%) by MLP. The Independent Accountants’ determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.

  • Dispute Process In the event of any Dispute, the Parties agree that they shall undertake a process to promote the resolution of a Dispute in the following order:

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

  • DOMAIN DISPUTE POLICY You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at xxxx://xxx.xxxxx.xxx/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference. APPENDIX 'R' .ASIA DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .ASIA domain name, the Registrant, must also agree to the following terms:

  • GRIEVANCE ARBITRATION PROCEDURE The grievance-arbitration procedure set forth in Sections 16.32 through 16.38 shall be applicable only to disputes arising under Division C of this article.

  • Disputes Procedure If a dispute relating to a Script licensed in accordance with this Agreement arises between the Writer and the BBC which cannot be settled by direct discussion then either party will have the right to refer the issue to a panel of five which shall be comprised of the Writer and their representative, two representatives from the BBC and an independent third party to be appointed by agreement between the Writer and the BBC. This clause shall not however be invoked in a manner which might override any other clause in this Agreement or call into question the BBC’s reasonable and proper discretion to exercise its editorial control over a Programme.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed:

  • 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.

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