SETTLEMENT OF JURISDICTIONAL DISPUTES Sample Clauses

SETTLEMENT OF JURISDICTIONAL DISPUTES. SECTION 1. There will be no strikes, no work stoppages or slowdowns or other interference with the work because of jurisdictional disputes.
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SETTLEMENT OF JURISDICTIONAL DISPUTES. Section 2. The Employer and the Union severally agree to be bound by all terms and provisions of the plan establishing procedures for the resolution of jurisdictional disputes in the construction industry know as the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (hereinafter referred to as the “Plan”) . In particular, the parties agree to abide by those provisions of the Plan requiring compliance with the decisions and awards of the Administrator, arbitrator or National Arbitration Panels established under the Plan, and to fulfill the obligations of the Employer as set forth in the Plan and under this Agreement.
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SETTLEMENT OF JURISDICTIONAL DISPUTES. The Company and the Union agree that, in the event of a question arising with reference to jurisdiction over work to be performed, it shall be discussed by the supervisor and the Chief Stewards of the crafts involved. If a dispute arises as to craft jurisdiction, it shall be settled by the Union in accordance with its established procedure for the settlement of such disputes. Unless the Company can show that the craft group to whom the work has been awarded is not qualified to do the work, that the number of hours required to do the work will be increased, or that the award would seriously affect costs or operating conditions, the work will be awarded in accordance with the Union's decision.
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SETTLEMENT OF JURISDICTIONAL DISPUTES. Determination of jurisdictional boundaries is the responsibility of the Local Unions of the Council which have been duly designated to represent employees. Therefore, when work boundaries between crafts have been clearly established by: a) custom, practice, and tradition; b) agreements between national or international unions, or agreements between crafts within an international union; or c) decisions or awards rendered by appropriate bodies the employees represented by each such union shall perform the work as determined by these boundaries. Appropriate bodies as referred to in this Article are defined as those which the disputing unions by agreement or through participation in such bodies recognize as having the authority to make such awards and decision. In the absence of established work boundaries, the Company shall assign the work in accordance with custom and practice in the vicinity. In the absence of custom and practice in the vicinity, the Company shall assign the work to those employees who in its judgment are best qualified to perform the work, with due regard to practices of employers outside the vicinity which the disputing Unions represent. If, after work has been assigned on this basis, the Unions reach agreement or if an appropriate body renders a decision on the award which conflicts with the Company’s assignment of work, the Company agrees to alter its assignment to conform to such an agreement or award as soon as possible and in any case within fifteen (15) working days, except when the period is extended by agreement between the Company and officers of the Council. A grievance relating to jurisdictional disputes and/or misassignment(s) of work shall not be placed into the grievance procedure, Article III of the Agreement, including the discussion stage. Should the Stewards not reach agreement resolving a disputed assignment of work, the moving Union shall refer the dispute to the Union’s internal mechanism and/or Metal Trades Department Jurisdictional policy. Should the individual Xxxxxxx(s) agree on a resolution to the dispute the council shall notify the Company of the jurisdictional agreement(s). The Council shall notify the Company of jurisdictional agreements or disagreements, which affect the assignment of work by the Company.
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SETTLEMENT OF JURISDICTIONAL DISPUTES. (A) In the event a jurisdictional dispute should arise over the assignment contrary to the jurisdictional claims of Laborers’ International Union of North America, Local 1410, the Employer shall notify all interested parties to such jurisdictional dispute to attend an emergency joint conference on the job site unless not mutually agreed to by both parties in an endeavor to resolve such dispute. Interested parties shall include the parties to this Agreement and any contractor involved.
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SETTLEMENT OF JURISDICTIONAL DISPUTES. Section 27.2
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SETTLEMENT OF JURISDICTIONAL DISPUTES. Determination of jurisdictional boundaries is the responsibility of the Local Unions of the Council which have been duly designated to represent employees. Therefore, when work boundaries between crafts have been clearly established by:
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Related to SETTLEMENT OF JURISDICTIONAL DISPUTES

  • Arbitrator's Jurisdiction The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the provision(s) of this Agreement at issue between the Union and the Administration. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Administration and the Union. The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved employee, the Union and the Administration, unless either party contests it before a court of competent jurisdiction as permitted by state law.

  • Governing Law; Disputes In view of the fact that: (i) it is contemplated that the Service Providers and the Company shall reside in different states and countries; and (ii) because Xxxxx & Fraade, P.C.’s (“M&F”) offices are located in the State of New York the work performed in drafting this Agreement occurred in the State of New York, the parties agree that this Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. Moreover, the parties agree that pursuant to Section 5-1401 of the General Obligations Law of New York, if applicable, this Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. Except as otherwise provided in Article “20” of this Agreement, the parties agree that they shall be deemed to have agreed to binding arbitration with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement including, but not limited to, the specific matters or disputes as to which arbitration has been expressly provided for by other provisions of this Agreement and that any such arbitration shall be commenced exclusively in New York, New York. Any such arbitration shall be by a panel of three arbitrators and pursuant to the commercial rules then existing of the American Arbitration Association in the State of New York, County of New York. In all arbitrations, judgment upon the arbitration award may be entered in any court having jurisdiction. The parties specifically designate the courts in the City of New York, State of New York as properly having jurisdiction for any proceeding to confirm and enter judgment upon any such arbitration award. The parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York in any action or proceeding and submit to personal jurisdiction over each of them by such courts. The parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested, in accordance with Paragraph “C” of this Article “23” of this Agreement. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties agree, further, that the prevailing party in any such arbitration as determined by the arbitrators shall be entitled to such costs and attorney's fees, if any, in connection with such arbitration as may be awarded by the arbitrators. In connection with the arbitrators’ determination for the purpose of which party, if any, is the prevailing party, they shall take into account all of the factors and circumstances including, without limitation, the relief sought, and by whom, and the relief, if any, awarded, and to whom. In addition, and notwithstanding the foregoing sentence, a party shall not be deemed to be the prevailing party in a claim seeking monetary damages, unless the amount of the arbitration award exceeds the amount offered in a legally binding writing by the other party by fifteen percent (15%) or more. For example, if the party initiating arbitration (“A”) seeks an award of $100,000 plus costs and expenses, the other party (“B”) has offered A $50,000 in a legally binding written offer prior to the commencement of the arbitration proceeding, and the arbitration panel awards any amount less than $57,500 to A, the panel should determine that B has “prevailed”. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. It shall also have no power to award (i) damages inconsistent with any applicable agreement between the parties or (ii) punitive damages or any other damages not measured by the prevailing party’s actual damages; and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held invalid or unenforceable, shall the arbitration panel have power to make an award or impose a remedy which could not be made or imposed by a court deciding the matter in the same jurisdiction. Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. The parties and the arbitration panel may disclose the existence, content or results of the arbitration only as provided in the rules of the American Arbitration Association in New York, New York. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interest.

  • Governing Law; Venue and Jurisdiction THIS DPA WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF THE LEA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. EACH PARTY CONSENTS AND SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION TO THE STATE AND FEDERAL COURTS FOR THE COUNTY OF THE LEA FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS DPA OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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