Jurisdictional Disputes Clause Examples
The Jurisdictional Disputes clause defines which court or legal authority will have the power to resolve any disagreements arising from the contract. Typically, this clause specifies a particular geographic location or court system where legal proceedings must be initiated, such as the courts of a specific state or country. By establishing a clear forum for dispute resolution, it prevents confusion and potential conflicts over where lawsuits or arbitration should take place, thereby streamlining the process and reducing the risk of costly jurisdictional battles.
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Jurisdictional Disputes. 25.01 A jurisdictional ▇▇▇▇-up meeting will be held when requested in writing at any time on a project basis by either the Union or the contractor. The contractor shall be required to provide a full and detailed description of the scope of work at such ▇▇▇▇-up meeting. In the event any such work assignments are disputed, at such ▇▇▇▇-up meetings, the Union shall be permitted ten (10) days in which to present documented argument and evidence as to its claim to the disputed work jurisdiction prior to any final assignments being made by the contractor. Jurisdictional disputes arising following the ▇▇▇▇-up meeting will be made in accordance with the Procedures, Rules and Regulations of the National Joint Board Building Trades Department, AFL/CIO or its successor.
25.02 In the event such jurisdictional dispute cannot be settled on a Local basis by the Unions involved, such dispute shall be submitted to the International Unions involved for settlement without permitting it to interfere in any way with the progress of the work at any time. In the event the dispute is not settled by the International Unions involved, it shall then be submitted to the National Joint Board for resolution. It is understood and agreed, however, that if the dispute causes any delay in the progress of the work or gives rise to an apprehended delay, any of the Parties hereto may apply to the Labour Relations Board (Nova Scotia) Construction Panel for an Interim Order under Section 50 of the Trade Union Act, Chapter 475, R.S.N.S. 1989, as amended.
25.03 All work assignments given to Carpenters Local 83 by way of ▇▇▇▇-up meetings to be copied and faxed to the Nova Scotia Construction Labour Relations Association Limited.
Jurisdictional Disputes. Disputes which arise between the Union and another Municipal union concerning representation of employees may be presented by the Union(s) to the Employee Relations Board for resolution.
Jurisdictional Disputes. (a) Where the Company has excluded a position from the Bargaining Unit and SPEA considers that the position should properly be included in the Bargaining Unit, SPEA may challenge the exclusion by filing a grievance in accordance with Article 9.06. Should this not resolve the dispute, ▇▇▇▇ may submit the matter to arbitration before a single arbitrator in accordance with Article 10.
(b) Should compelling circumstances arise where the Company identifies a need for exclusion of individuals the Company will discuss such circumstances with SPEA. This will not preclude SPEA from challenging such additional exclusions under this procedure.
(c) In the event such a dispute proceeds to arbitration, the arbitrator may have reference to some or all of the following criteria in reaching a decision. It is recognized by the Parties that though such criteria may be helpful to the arbitrator, such criteria are intended as guidelines only, and each situation will depend upon its own facts. Thus the arbitrator is empowered to consider all evidence and law the arbitrator considers relevant to the issue, and is not bound to consider only the following criteria, and the arbitrator may consider such other criteria that the arbitrator feels relevant, or the Parties may submit. The arbitrator shall have all the power of an arbitrator pursuant to the provisions of the Canada Labour Code, Section 60. In making a determination the arbitrator may consider the following:
(i) Decisions of Canada Industrial Relations Board in relation to confidential and managerial exclusions:
(ii) The authority of the employee in relation to: * Dismissal, promotion, demotion or transfer; * Disciplining, hiring and evaluating employees; * The planning and decision-making of the Company in terms of job priorities and assignment of work; * Committing the Company to expenditure on equipment, person-hours, expense accounts, etc.; * Establishing and administering budgets;
(iii) The involvement of the employee in the policy-making process of the Company;
(iv) The amount of time, as well as the intensity, in which the employee is alleged to perform managerial functions;
(v) The extent to which the employee uses confidential information relating to industrial relations in the performance of the employee's work.
(d) The following principles are agreed:
(i) Positions to which agreed exclusions report shall not be subject to jurisdictional dispute;
(ii) In jurisdictional disputes resolved in ▇▇▇▇'s favour, the Comp...
Jurisdictional Disputes. Any disputes where the Union contends either
(1) that work performed by represented employees not within one of the units described in Article 1 should be performed by employees within one of said units, or (2) that represented employees not within one of the units described in Article 1 should be included within one of said units, shall not be subject to the grievance and arbitration provisions of Article 3. This Section 3.12 shall not apply to such disputes where the Union obtains the written consent of all other interested bargaining representatives to participate in and be bound by the decision of an arbitrator or panel of arbitrators.
Jurisdictional Disputes. The Union agrees to cooperate in good faith with the Producer and other Local Unions in the industry in working out a method for the determination of jurisdictional disputes without work stoppages. Appropriate clauses shall be incorporated in this Agreement to cover any method or means that shall be agreed upon.
Jurisdictional Disputes. The Council agrees to co-operate in good faith with the Employer and other unions and guilds in the motion picture industry in resolving jurisdictional disputes. There shall be no work stoppages arising from jurisdictional disputes.
Jurisdictional Disputes. It is understood and agreed that any dispute over assignment of work shall be conducted as follows:
Jurisdictional Disputes. Any jurisdictional dispute which may arise between any two (2) or more labor organizations holding current collective bargaining agreements with the Employer will be settled in the following manner:
(1) A Union which contends a jurisdictional dispute exists will file a written statement with the Employer and other affected Unions describing the substance of the dispute.
(2) During the thirty (30) day period following the notice described in Section 16.2 (1), the Unions along with representatives of the Employer will attempt to settle the dispute among themselves, and if unsuccessful, will request the assistance of the Washington State Public Employment Relations Commission.
Jurisdictional Disputes. (a) The Employer agrees to respect the jurisdiction of the Union and shall not make a written or a permanent assignment of work to other Trades without first affording Parties to the disputed work an opportunity to present evidence substantiating their claims. The Employer does not waive any of his rights by permitting the inclusion of jurisdiction of work in this Contract. Furthermore, no Business Manager has the authority to enter into a written agreement with another Trade in regards to work jurisdiction.
(b) It is agreed that there shall not be any work stoppages over jurisdictional disputes with any Craft or Crafts employed on any project. Should jurisdictional disputes or differences arise with other Parties which endanger the continuous progress of a project which cannot be settled at the local level, the Employer shall make a written work assignment in accordance with Area practice related to the specific project only and work shall continue in accordance with the assignment by the Employer until representatives of the International Union of all disputing Trades meet and bring about, or cause to bring about, a satisfactory or mutual understanding with the Employer.
(c) It is agreed and understood that the Union will make every effort to inform its membership that there is a legally established neutral entrance or gate on a construction site that is being picketed illegally and where work is being performed under the conditions of this Agreement. The above does in no way waive any of the Employees rights granted him under the Constitution of the United States and/or Federal Government.
Jurisdictional Disputes. 24.01 It is agreed by both parties that there shall be no stoppage of work on account of any jurisdictional dispute which may arise between or among two (2) or more Unions or groups of Employees. It is agreed that the Employees will continue to work pending the settlement of such disputes, on the following terms:
a) The Employees who have been performing the work under dispute allocated by the Employer will continue to do so until satisfactory settlement to all parties to the dispute is reached, or
b) If none of the parties to the dispute have been performing the work in question on the particular job involved, then the Association may authorize the Employer to make an assignment of work. An assignment shall be made with regard to local area practice of unequivocally established.
c) If and when the various groups of Employees have reached agreement on the dispute, then the Employer will accept the decision of the Employee's group. If the Union is aggrieved by an assignment made under this Article recourse may be had to the jurisdictional provisions of the Industrial Relations Act, Article 83, Sections 1, 2, 3, and 4 and Article 84, Sections 1 and 2.
d) Both parties agree that jurisdictional disputes within their respective organization arising from this Agreement or on any job to which this Agreement applies shall not interfere in any way with orderly expeditions and economic progress of the work. There shall be no stoppages of any kind, slow downs, or any other handicaps that may be encountered as a result of a jurisdictional dispute.