Precedents. Grievances in which the unit member is not represented by the Union shall not be precedential.
Precedents. COVID19-CLPE COVID-19 - Contractor Letter Pre-Entry Free COVID19-LTC COVID-19 - Letter to Client Free COVID19-TLPE COVID-19 - Tenant letter Pre-Entry Free
Precedents. Any decision at levels one or two shall not be precedent setting pertaining to any future grievances.
Precedents. (1) Grievance decisions concerning disciplinary action shall not constitute a precedent for any purpose.
Precedents. For the avoidance of doubt with respect to the the subject matter hereof: In the event of any conflict between the provisions of this Agreement and the provisions of the Affiliation Agreement, the provisions of this Agreement shall prevail.
Precedents. SUPPLY AGREEMENTS As explained by Commissioner Xxxxxxx Xxxxxxxx, the economic agents are those who will preliminarily review the classification of a possible supply/distribution agreement under the assumptions set forth in Art. 54. Based on said assumption, the review of XXXX'x precedents in light of Law 8,884/94 is of vital importance. First, it is worth mentioning the opinion of former Commissioner Xxxxx Xxxxxxx in Merger filing No. 08012.011058/2005-74 (Xxxxxxx Xxxxxx/Holcim case). The case referred to a supply agreement that, according to the case handler, did not fall under the classification established by Law 8,884/94 in Art. 54, paragraph three, as it did not result in economic concentration, transfer of assets or change in the corporate control of companies or relevant assets from a competition standpoint. The case neither fell under the description of the opening paragraph of final distribution of the product or service”. Under such perspective, vertical agreements assume a variety of types, which may be grouped according to the similarity of their economic function, namely, enabling production flow (distribution agreements) or the provision of goods or services (supply agreements). The difference between distribution and supply agreements lies in the emphasis of the obligations established and the characteristics of the products sold XXXXX X. XXXXXXXX (supra note 15, at 24). Technically speaking, Forgioni noted that the distribution agreements refer to a category to which commercial concession (or distribution agreement stricto sensu), franchising, commercial representation, market allocation, etc., belong.
Precedents. No past precedents or provisions, conditions, rules or agreements shall be recognized in any way to affect or modify this Agreement, and all precedents, provisions, conditions, rules and agreements are superseded by this Agreement. All letters of intent and local agreements signed by both parties on or after the effective date of this Agreement are by reference part of this Agreement and notation will be made in the body 'of the Agreement whenever a letter of intent or local agreement is also included in the Agreement.
Precedents. A final decision made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances, nor a precedent, which shall bind the parties as in interpretation of the Agreement. All settlements must be consistent with the terms and conditions of the Agreement. Time limits may be extended by mutual agreements of both parties. Any aggrieved employee and Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up, or settle a grievance without requesting permission from the immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions above outlined for attendance of an aggrieved employee. The Local Union or its authorized representative shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or other records pertaining to a specific grievance. Compensation will be paid for reasonable time spent discussing or investigating grievances during normal work schedules.
Precedents. Distribution Agreements In what concerns distribution agreements under Law 8,884/94, whenever such agreements include exclusivity clauses29, they 27 In a previous circumstance, the same Commissioner had already manifested on the incompatibility of certain supply agreements and the concept of economic concentration. See XXXX, Monsanto do Brasil Ltda. and Nufarm Indústria Química e Farmacêutica S.A. Reporting Commissioner Xxxxx Xxxxxxxxx. (Merger 08012.010018/2008-58) (Jan. 13, 2009). XXXX, unanimously, did not acknowledge the transaction, under the vote of Reporting Commissioner Xxxxx Xxxxxxxxx. 28 Vote of Commissioner Xxxxx Xxxxxxxxx in XXXX, Syngenta Supply AG and Dow Agrosciences Industrial Ltda, supra note 26. 29 In that sense, the following Merger Filings: XXXX, Bunge Alimentos S.A. and Corn Products Brasil – Ingredientes Industriais Ltda. Reporting Commissioner (Merger 08012.012506/2007-19) (July 28, 2008); XXXX, Xxxxxx Laboratório do Brasil Ltda and Merck S.A. Reporting Commissioner Xxxxxxx Villas Xxxx Xxxxx. (Merger 08012.011192/2007-37) (June 02, 2008); XXXX, Basf S/A and Monsanto do Brasil Ltda., Reporting Commissioner Xxxxxxxx xx Xxxxxxxxx Xxxxxx. (08012.006832/2008-78) (Sept. 17, 2008); XXXX, Syngenta Proteção de Cultivos Ltda. and Monsanto do Brasil Ltda. receive the same treatment given to supply agreements of this nature (in some of the cases, XXXX recognized that the distribution agreement “may produce effects similar to those of a merger”)30. Even in relation to non-exclusive distribution, but in which the distribution agreement had been entered into between competitors, an effect similar to a merger was recognized31. In other cases, in line with former decisions involving supply agreements, the transactions were acknowledged just for meeting one of the objective criteria for submission. Therefore, in cases in which the issue of acknowlegment exceeded the mere verification on whether the objective criteria Reporting Commissioner Xxxxx Xxxxxxxxx. (08012.007238/2008-02) (Oct. 02, 2008); XXXX, Xxxxx X.X. and Monsanto do Brasil Ltda. Reporting Commissioner Xxxxx Xxxxxxx xx Xxxxxxx. (08012.006693/2008-82) (Sept. 17, 2008); XXXX, Bunge Alimentos
Precedents. A grievance may be withdrawn at any level without establishing a precedent. Failure by a faculty member to file a grievance with respect to any specific condition shall not constitute a precedent or waiver of the right of any other faculty member to file a grievance when he/she is affected by the same or similar condition.
