Referee's Decision Sample Clauses

Referee's Decision. It is the decision of the referee that the preponderance of the evidence in the record clearly supports the position taken by the carriers on this question. The referee has considered carefully the comments and arguments of the parties on this question, as set forth on pages 594 to 836 of the transcript, as well as the statements made by them in their briefs and memoranda. It is his conclusion that the position taken by the employees as set forth in the joint submission document, if adopted, would lead to very unfair and unreasonable results. It is probably true, as contended by the employees, that the illustration of the problem as offered by the carriers presents exceptional facts and circumstances which would rarely occur and which could be avoided by a careful scheduling of vacations. Be that as it may, nevertheless the illustration does serve to point out some of the inherent unfairness of the employees' position on the question. The referee believes that the carriers' contention on the illustration is sound. The record shows that the parties have made a good-faith attempt to negotiate a settlement of this dispute. Each side submitted to the other a statement of the formula or rule which they desired to have approved as the basis for interpreting and applying the words "regular assignment" as used in Section (a) of Article 7. The employees proposed the following language: "As to an employee having a regular assignment, but temporarily working on another position at the time his vacation begins, such employee while on vacation will be paid the daily compensation of the position on which actually working at the time his vacation begins, provided it has been bulletined and assigned to such employee, or provided such employee has been working on such position, even though not bulletined and assigned for fifteen or more calendar days." As pointed out on page 628 of the transcript, the carriers proposed the following rule: "As to an employee having a regular assignment but is temporarily working on another position at the time his vacation begins, such employee while on vacation will be paid the daily compensation of the position on which actually working at the time the vacation begins provided such employee had been working on such position for 30 days or more." During the hearing counsel for the carriers suggested to the employees by way of compromise that they add the following language to their proposal "and which he would have occupied during his vaca...
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Referee's Decision. It is the decision of the referee that the position of the carriers on this question cannot be sustained. On the other hand, the position of the labor organizations can be sustained only in part. It is submitted that it would be a very unreasonable and unfair interpretation of Article I of the agreement to hold, as contended for by the carriers, that " A day is to be considered as a 24-hour period from the time an employee first began service on any day." The term "day," as used in collective-bargaining agreements, generally means "work day" and not "calendar day." The length of a man's work day generally is measured in terms of the work shift or tour of duty. Hence, it is possible for an employee under some circumstances to complete two or more work days in one calendar day of twenty-four hours if he is assigned to more than one shift or tour of duty in one calendar day. Thus, the referee rejects the contention of the carriers that a day. under Article I of the agreement, shall be considered as a 24-hour period from the time an employee first began service on any day and that all compensated service on such day, regardless of the time or the amount of compensation paid, shall be considered as one day. The referee approves the following proposals of the labor organizations: "The days need not be consecutive, but may be any days of the calendar year preceding the year in which the vacation is to be taken. Each calendar day for which an employee is paid by the employing carrier for some time, regardless of the amount of compensation, or the length of time paid for, will be counted as one day, provided, however;
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Referee's Decision. The Referee will render their decision in writing, with detailed reasons, and shall provide a copy of the decision to each Party within 5 Business Days of the BAFO Submission Date or such later date as the Parties may agree in writing (the “Referee Review Period”). The Referee’s decision (unless otherwise expressly agreed by the Parties in writing) shall be based on one Party’s BAFO and shall not be based on or influenced by any matter or consideration other than may be contained in the successful Party’s BAFO.
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Referee's Decision. The arbitrator's decision shall include the essential determinations and conclusions on which the arbitrator has based the award. The execution of the arbitral award may be requested before any competent court. The arbitrator may award any relief permitted by law or the AAA Rules, but declaratory or injunctive relief may only be awarded on an individual basis and only to the extent necessary to provide relief justified by plaintiff's individual claim.
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Referee's Decision. It is the opinion of the referee that no disagreement of substance exists in fact between the parties as to the meaning and intent of the first paragraph of Article 5. The language of the paragraph gives to the management the right to defer vacations. As pointed out in the contentions of the employees, the language does not mean that management can defer vacations on the basis of trivial or inconsequential reasons. What the language of the paragraph does do is lay down a statement of policy that when a vacation schedule is agreed to and the employees have received notice of the same and have made their vacation plans accordingly, the schedule shall be adhered to unless the management, for good and sufficient reason, finds it necessary to defer some of the scheduled vacations. When such a situation arises, the management is obligated to give the employee as much advance notice as possible and in any event, not less than ten days' notice, except in case of an emergency. In case it becomes necessary to advance the scheduled vacation date, then the employee is entitled to a thirty days' notice under the language.
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Referee's Decision. The referee sustained the initial determination of the local office ruling claimants eligible to receive benefits effective various dates without disqualifying conditions, except as modified by the referee to make the initial determinations effective July 7, 1959 as to all claimants except claimants ▇▇▇, ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇, and to that extent overruling the objections of the employer thereto. The employer further appeals from the decision of the referee filed February 3, 1960 sustaining the initial determinations of the local office holding the three claimants there involved, ▇▇▇▇▇▇▇▇▇, Armeli and ▇▇▇▇▇▇, eligible to receive benefits effective various dates without disqualifying conditions and overruling the objections of the employer thereto. ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ appeals from the decision of the referee filed September 17, 1959 insofar as it modifies the initial determination of the local office holding claimant eligible to receive benefits effective June 1, 1959 without disqualifying conditions by making it effective July 7, 1959. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ appeals from the decision of the referee filed September 17,1959 insofar as it overrules the initial determination of the local office holding claimant eligible to receive benefits effective June 1, 1959 without disqualifying conditions and sustaining the objections of the employer.
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Referee's Decision the Referee will render a written and impartial decision with reasons on the Dispute and identifying the strengths and deficiencies of each BAFO, with copies to both parties, as soon as practicable in the circumstances, with the objective of rendering a decision within 3 Business Days of receiving the BAFOs. The Referee shall only be authorized to select and issue as its final decision one party’s “best and final offer” submitted pursuant to Section 1.4(c) [Final Offer Proposal] of this Schedule 20 [Dispute Resolution Procedure]. For the avoidance of doubt, the Referee shall not be authorized or permitted to issue any final decision that deviates from the “BAFOs” submitted by the parties unless the Parties mutually agree in writing at the time to empower the Referee with the authority to make his or her own decision.
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Referee's Decision. Binding But Not Final 4
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Related to Referee's Decision

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Arbitrator’s Decision Within thirty (30) days after the appointment of the third arbitrator, the three (3) arbitrators shall decide whether the parties will use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant of their decision. The decision of the majority the three (3) arbitrators shall be binding on Landlord and Tenant.

  • The Decision If mediation fails, or is not appropriate, and if the decision can be rendered after a short deliberation, the Arbitrator will do so. By meeting first with counsel to explain the framework of the Arbitrator’s decision, the parties are provided with an opportunity to influence the exact terms of resolution. Within the framework of settlement as outlined by the Arbitrator, the parties can work out exact terms which best suit the specifics of the case. Such an opportunity should not be wasted by continuing to argue the merits of the case.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Attachment Facilities, System Upgrade Facilities, or System Deliverability Upgrades.

  • Arbitration Panel The arbitration panel shall consist of three arbitrators. The arbitrators must be impartial and must be or must have been officers of life insurance and or securities companies other than the parties or their affiliates.