Common use of SEPARABILITY PROVISION Clause in Contracts

SEPARABILITY PROVISION. ‌ If any Article or Section of this Oontract or of any riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or of compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Contract and of any rider thereto or the application of such Article or Section to persons or circumstances other than those as to which or enforcement of has been restrained shall not be affected thereby. In the event that any Article or Section is held invalid, or enforcement of or compliance with which has been restrained as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations, upon the request of the Union, for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of invalidity or restraint. If the parties do not agree on a mutually satisfactory replacement, either party shall be permitted all legal or economic recourse in support of its demands, notwithstanding any provisions in this Contract to the contrary. DELC/Local 66 Inside Ice Cream Page 15 SECTION 21 BOARD OF ADJUSTMENT Should any dispute or grievance arise between the Union and an Employer, such matter shall be submitted to the Union and the Employer within ten (10) days. Should the Union and the Employer fail to settle the matter within three (3) days after the dispute or grievance has been submitted, the dispute or grievance shall be reduced to writing by the grieving party and a copy submitted to the other party to the dispute or grievance, the Chairman of the Washington Dairy Council and the Dairy Employers1 Iahor fnunoil. If the Union and Employer have failed to settle the matter within seven (7) days after the dispute or grievance was originally submitted, it shall be referred to a Board of Adjustment consisting of four members— two appointed by the Dairy Employers' Labor Council and two appointed by the Union, with sur'h appointments being for the term of the Agreement. Both parties to the dispute or grievance shall present their position on the matter to the Board of Adjustment. The Board of Adjustment shall have the authority to arrive al a majority decision which shall be final and binding upon the parties. All decisions of the Board of Adjustment shall be written and a copy sent to all Employers and Local Unions who are subject to submitting grievances through the Board of Adjustment. If the Board of Adjustment fails to reach a majority decision on a dispute or grievance submitted to it within ten days then both the Dairy Employers' Labor Council and the Union shall appoint one additional member each to the Board of Adjustment. If this enlarged Board fails to reach a majority decision on the dispute or grievance within ten days, the enlarged Board of Adjustment may decide by majority decision to submit the dispute or grievance to arbitration. If not the Union or the Employer shall have the right to take economic action after ten days have elapsed since the Board of Mjustrcent failed to arrive at a decision. Either Board of Adjustment may decide to extend the time limit for its decision if a majority of the Board agrees to such an extension. If the matter is submitted to arbitration the cost of the arbitrator will be borne equally. Neither the Board of Adjustment nor any person or persons designated by them shall have the power to negotiate new agreements or change the provisions of this or any other Agreement.