Common use of Special Procedures for Allocation Disputes Clause in Contracts

Special Procedures for Allocation Disputes. Prior to filing any arbitration pursuant to Section 47.E.2. hereof, a request to meet and confer must first be made to facilitate conciliation of the dispute. Such meet and confer must commence and conclude within a reasonable period of time after the request. A demand for arbitration may be filed upon the completion of the meet and confer or after 30 calendar days following the request to meet and confer, whichever first occurs. In the event of an arbitration filed pursuant to Section 47.E.2. hereof, the Union and the Producers waive their rights to a hearing and agree to submit the grievance to the arbitrator on written submissions. Each party shall file its initial written submission within 10 days following designation of the arbitrator, each party providing a copy of its initial written submission to the other party within 3 days following submission to the arbitrator. Such submission will include the amount of the allocation to covered services the submitting party believes to be appropriate and such other facts and evidence that support the position of the submitting party. Each party shall thereafter have the right but not the obligation, to file a reply to the other party’s initial written submission within 5 days of its receipt of the other party’s initial written submission. Upon the request of either party, the arbitrator may extend the time limitations of this subsection E at his or her discretion. Unless further written materials are requested by the arbitrator, no further submissions shall be permitted. In any arbitration under this subsection E involving a Producer who is an authorizer to the Joint Policy Committee, the Joint Policy Committee shall be entitled to receive copies of documents, notices, and awards rendered in such proceedings, subject to the same confidentiality restrictions as agreed by the parties to the proceeding or ordered by the arbitrator. Such documents, notices and awards will be provided to the Joint Policy Committee legal counsel by the union within 30 days following an award. The submissions and awards relating to such proceedings shall not be published or otherwise made available beyond (a) the Joint Policy Committee’s legal counsel and (b) the Union. Unless an authorizer that is a party to an arbitration hereunder objects, such submissions and awards relating to such proceedings may also be made available to (a) any Joint Policy Committee authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder, or (b) any Joint Policy Committee authorizer that represents an advertiser that is not an authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder. Except as otherwise provided by this subsection E, such arbitration will be conducted in accordance with the provisions of this Section 58 and, to the extent not inconsistent, the Labor Arbitration Rules of the AAA. With the exception of cases involving fraud or undisclosed conflict of interest, no proceeding to vacate an arbitration award issued pursuant to this subsection E shall be permitted. Any decision of an arbitrator hereunder shall be final and binding upon all parties to the proceeding and judgment upon such award may be entered by any party in the highest court of the forum, State or Federal, having jurisdiction.

Special Procedures for Allocation Disputes. Prior to filing any arbitration pursuant to this Section 47.E.2. hereof64 with respect to an allocation dispute, a request to meet and confer must first be made to facilitate conciliation of the dispute. Such meet and confer must commence and conclude within a reasonable period of time after the request. A demand for arbitration may be filed upon the completion of the meet and confer or after 30 calendar days following the request to meet and confer, whichever first occursoccurs first. In the event of an arbitration filed pursuant to Section 47.E.2. hereof66.B.1 hereof [H&R Allocation provision], the Union SAG-AFTRA and the Producers waive their rights to a hearing and agree to submit the grievance to the arbitrator on written submissions. Each party shall file its initial written submission within the 10 days following designation of the arbitrator, each party providing a copy of its initial written submission to the other party within 3 days following submission to the arbitrator. Such submission will include the amount of the allocation to covered services the submitting party believes to be appropriate and such other facts and evidence that support the position of the submitting party. Each party shall thereafter have the right but not the obligation, to file a reply to the other party’s initial written submission within 5 days of its receipt of the other party’s initial written submission. Upon the request of either party, the arbitrator may extend the time limitations of this subsection E at his or her discretion. Unless further written materials are requested by the arbitrator, no further submissions shall be permitted. In any arbitration under this subsection E involving a Producer who is an authorizer to the Joint Policy CommitteeJPC, the Joint Policy Committee JPC shall be entitled to receive copies of documents, notices, and awards rendered in such proceedings, subject to the same confidentiality restrictions as agreed by the parties to the proceeding or ordered by the arbitrator. Such documents, notices and awards will be provided to the Joint Policy Committee JPC legal counsel by the union SAG-AFTRA within 30 days following an award. The submissions and awards relating to such proceedings shall not be published or otherwise made available beyond (a) the Joint Policy CommitteeJPC’s legal counsel counsel, and (b) the UnionSAG-AFTRA. Unless an authorizer that is a party to an arbitration hereunder objects, such submissions and awards relating to such proceedings may also be made available to (a) any Joint Policy Committee JPC authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder, or (b) any Joint Policy Committee JPC authorizer that represents an advertiser that is not an authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder. Except as otherwise provided by this subsection E, such arbitration will be conducted in accordance with the provisions of this Section 58 64 and, to the extent not inconsistent, the Labor Arbitration Rules of the AAAAmerican Arbitration Association. With the exception of cases involving fraud or undisclosed conflict of interest, no proceeding to vacate an arbitration award issued pursuant to this subsection E shall be permitted. Any decision of an arbitrator hereunder shall be final and binding upon all parties to the proceeding and judgment upon such award may be entered by any party in the highest court of the forum, State or Federal, having jurisdiction.

Special Procedures for Allocation Disputes. Prior to filing any arbitration pursuant to Section 47.E.2. hereof, a request to meet and confer must first be made to facilitate conciliation of the dispute. Such meet and confer must commence and conclude within a reasonable period of time after the request. A demand for arbitration may be filed upon the completion of the meet and confer or after 30 calendar days following the request to meet and confer, whichever first occurs. In the event of an arbitration filed pursuant to Section 47.E.2. hereofxxxxxx, the Union and the Producers waive their rights to a hearing and agree to submit the grievance to the arbitrator on written submissions. Each party shall file its initial written submission within 10 days following designation of the arbitrator, each party providing a copy of its initial written submission to the other party within 3 days following submission to the arbitrator. Such submission will include the amount of the allocation to covered services the submitting party believes to be appropriate and such other facts and evidence that support the position of the submitting party. Each party shall thereafter have the right but not the obligation, to file a reply to the other party’s 's initial written submission within 5 days of its receipt of the other party’s 's initial written submission. Upon the request of either party, the arbitrator may extend the time limitations of this subsection E at his or her discretion. Unless further written materials are requested by the arbitrator, no further submissions shall be permitted. In any arbitration under this subsection E involving a Producer who is an authorizer to the Joint Policy CommitteeJPC, the Joint Policy Committee JPC shall be entitled to receive copies of documents, notices, and awards rendered in such proceedings, subject to the same confidentiality restrictions as agreed by the parties to the proceeding or ordered by the arbitrator. Such documents, notices and awards will be provided to the Joint Policy Committee JPC legal counsel by the union within 30 days following an award. The submissions and awards relating to such proceedings shall not be published or otherwise made available beyond (a) the Joint Policy Committee’s JPC's legal counsel and (b) the Union. Unless an authorizer that is a party to an arbitration hereunder objects, such submissions and awards relating to such proceedings may also be made available to (a) any Joint Policy Committee JPC authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder, or (b) any Joint Policy Committee JPC authorizer that represents an advertiser that is not an authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder. Except as otherwise provided by this subsection E, such arbitration will be conducted in accordance with the provisions of this Section 58 and, to the extent not inconsistent, the Labor Arbitration Rules of the AAA. With the exception of cases involving fraud or undisclosed conflict of interest, no proceeding to vacate an arbitration award issued pursuant to this subsection E shall be permitted. Any decision of an arbitrator hereunder shall be final and binding upon all parties to the proceeding and judgment upon such award may be entered by any party in the highest court of the forum, State or Federal, having jurisdiction.

Special Procedures for Allocation Disputes. Prior to filing any arbitration pursuant to Section 47.E.2. 8(G)(2) hereof, a request to meet and confer must first be made to facilitate conciliation of the dispute. Such meet and confer must commence and conclude within a reasonable period of time after the request. A demand for arbitration may be filed upon the completion of the meet and confer or after 30 calendar days following the request to meet and confer, whichever first occurs. In the event of an arbitration filed pursuant to Section 47.E.2. 8(G)(2) hereof, the Union and the Producers waive their rights to a hearing and agree to submit the grievance to the arbitrator on written submissions. Each party shall file its initial written submission within 10 days following designation of the arbitrator, each party providing a copy of its initial written submission to the other party within 3 days following submission to the arbitrator. Such submission will include the amount of the allocation to covered services the submitting party believes to be appropriate and such other facts and evidence that support the position of the submitting party. Each party shall thereafter have the right but not the obligation, to file a reply to the other party’s initial written submission within 5 days of its receipt of the other party’s initial written submission. Upon the request of either party, the arbitrator may extend the time limitations of this subsection E I at his or her their discretion. Unless further written materials are requested by the arbitrator, no further submissions shall be permitted. In any arbitration under this subsection E involving a Producer who is an authorizer to the Joint Policy Committee, the Joint Policy Committee shall be entitled to receive copies of documents, notices, and awards rendered in such proceedings, subject to the same confidentiality restrictions as agreed by the parties to the proceeding or ordered by the arbitrator. Such documents, notices and awards will be provided to the Joint Policy Committee legal counsel by the union within 30 days following an award. The submissions and awards relating to such proceedings shall not be published or otherwise made available beyond (a) the Joint Policy Committee’s legal counsel and (b) the Union. Unless an authorizer that is a party to an arbitration hereunder objects, such submissions and awards relating to such proceedings may also be made available to (a) any Joint Policy Committee authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder, or (b) any Joint Policy Committee authorizer that represents an advertiser that is not an authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder. Except as otherwise provided by this subsection EI, such arbitration will be conducted in accordance with the provisions of this Section 58 59 and, to the extent not inconsistent, the Labor Arbitration Rules of the AAAAmerican Arbitration Association. With the exception of cases involving fraud or undisclosed conflict of interest, no proceeding to vacate an arbitration award issued pursuant to this subsection E I shall be permitted. Any decision of an arbitrator hereunder shall be final and binding upon all parties to the proceeding and judgment upon such award may be entered by any party in the highest court of the forum, State or Federal, having jurisdiction. The Union shall provide copies of all arbitration awards rendered under the Section I to Producers Group, Ltd. as follows: 000 X. Xxxxxxx Xxxxx Xxxxxxx, Xxxxx X, Xxxxxxx Xxxxx, XX 00000-0000. Add the following as Exhibit 6: EXHIBIT 6 CONFIDENTIALITY AGREEMENT This Confidentiality Agreement (“Confidentiality Agreement”) is entered into by and between (the “Company”), on the one hand, and (“Auditors”) and the AFTRA Retirement Fund and SAG-AFTRA Health Plan (“the Funds”), on the other hand, with respect to Auditor’s payroll compliance review of the Company’s books and records on behalf of the Funds for the period _, through , . As a condition of Company making its books and records available to the Auditors for the purposes of the Audit, the Auditors and the Funds hereby agree to treat confidentially and limit access to all information contained therein and otherwise furnished by Company in connection with the Audit. The Auditors and the Funds further agree to treat confidentially and limit access as described below, to any and all documents, records, analyses, compilations, studies, reports, and other materials prepared by the Auditors in whole or in part from the information furnished by Company in connection with the Audit or which contain, mention, or reflect any such information. The Auditors and the Funds agree that such information and materials shall not be disclosed to any party except: (i) to the Auditors and the Funds, and SAG-AFTRA, their respective directors, officers, agents, employees, and attorneys in their capacities such as, on a need-to-know basis only, solely in connection with the Audit, provided that the foregoing parties shall be bound by the provisions hereof; (ii) to the extent necessary to comply with law or legal process, in which event Company shall receive sufficient advance written notice of such proposed disclosure so as to object and/or request that the information or materials receive confidential treatment, and the Auditors and the Funds shall use reasonable efforts to ensure confidential treatment of the information or materials subject to disclosure; and (iii) in any action by the Funds arising out of the Audit, provided Company is given advance notice by the Funds of their intent to offer such information or materials in such action and the opportunity to object and/or request that the information or materials receive confidential treatment. The Auditors and the Funds acknowledge that Company may be entitled to injunctive and other equitable relief, in addition to any and all legal remedies, in the event of a breach or threatened breach of this Agreement. The Auditors and the Funds agree to inform each of its respective employees, agents, or other representatives conducting or otherwise connected with the Audit of the foregoing requirements and to take reasonable steps to obtain their compliance with the terms hereof. This Agreement shall not be construed as establishing any precedent with respect to any requirement for confidentiality agreements in any future audit. The Funds hereby expressly reserve their position that a confidentiality agreement is not a precondition for access to records under the applicable collective bargaining agreement. Company hereby expressly reserves its position that a confidentiality agreement is a precondition for access to records under the applicable collective bargaining agreement.

Special Procedures for Allocation Disputes. Prior to filing any arbitration pursuant to Section 47.E.2. hereof, a request to meet and confer must first be made to facilitate conciliation of the dispute. Such meet and confer must commence and conclude within a reasonable period of time after the request. A demand for arbitration may be filed upon the completion of the meet and confer or after 30 calendar days following the request to meet and confer, whichever first occurs. In the event of an arbitration filed pursuant to Section 47.E.2. hereofxxxxxx, the Union and the Producers waive their rights to a hearing and agree to submit the grievance to the arbitrator on written submissions. Each party shall file its initial written submission within 10 days following designation of the arbitrator, each party providing a copy of its initial written submission to the other party within 3 days following submission to the arbitrator. Such submission will include the amount of the allocation to covered services the submitting party believes to be appropriate and such other facts and evidence that support the position of the submitting party. Each party shall thereafter have the right but not the obligation, to file a reply to the other party’s initial written submission within 5 days of its receipt of the other party’s initial written submission. Upon the request of either party, the arbitrator may extend the time limitations of this subsection E at his or her discretion. Unless further written materials are requested by the arbitrator, no further submissions shall be permitted. In any arbitration under this subsection E involving a Producer who is an authorizer to the Joint Policy Committee, the Joint Policy Committee shall be entitled to receive copies of documents, notices, and awards rendered in such proceedings, subject to the same confidentiality restrictions as agreed by the parties to the proceeding or ordered by the arbitrator. Such documents, notices and awards will be provided to the Joint Policy Committee legal counsel by the union within 30 days following an award. The submissions and awards relating to such proceedings shall not be published or otherwise made available beyond (a) the Joint Policy Committee’s legal counsel and (b) the Union. Unless an authorizer that is a party to an arbitration hereunder objects, such submissions and awards relating to such proceedings may also be made available to (a) any Joint Policy Committee authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder, or (b) any Joint Policy Committee authorizer that represents an advertiser that is not an authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder. Except as otherwise provided by this subsection E, such arbitration will be conducted in accordance with the provisions of this Section 58 and, to the extent not inconsistent, the Labor Arbitration Rules of the AAA. With the exception of cases involving fraud or undisclosed conflict of interest, no proceeding to vacate an arbitration award issued pursuant to this subsection E shall be permitted. Any decision of an arbitrator hereunder shall be final and binding upon all parties to the proceeding and judgment upon such award may be entered by any party in the highest court of the forum, State or Federal, having jurisdiction.

Special Procedures for Allocation Disputes. Prior to filing any arbitration pursuant to Section 47.E.2. hereof, a request to meet and confer must first be made to facilitate conciliation of the dispute. Such meet and confer must commence and conclude within a reasonable period of time after the request. A demand for arbitration may be filed upon the completion of the meet and confer or after 30 calendar days following the request to meet and confer, whichever first occurs. In the event of an arbitration filed pursuant to Section 47.E.2. hereof, the Union and the Producers waive their rights to a hearing and agree to submit the grievance to the arbitrator on written submissions. Each party shall file its initial written submission within 10 days following designation of the arbitrator, each party providing a copy of its initial written submission to the other party within 3 days following submission to the arbitrator. Such submission will include the amount of the allocation to covered services the submitting party believes to be appropriate and such other facts and evidence that support the position of the submitting party. Each party shall thereafter have the right but not the obligationSDUW\. (DFK SDUW\ VKDOO WKHUHDIWHU KDYH WKH ULJKW EXW QRW WKH REOLJDWLRQ, to file a reply to the other party’s XX XXXX D UHSO\ WR WKH RWKHU SDUW\¶V initial written submission within 5 days of its receipt of the other party’s initial written submissionpaUW\¶V LQLWLDO ZULWWHQ VXEPLVVLRQ. Upon the request of either party, the arbitrator may extend the time limitations of this subsection E at his or her discretion. Unless further written materials are requested by the arbitrator, no further submissions shall be permitted. In any arbitration under this subsection E involving a Producer who is an authorizer to the Joint Policy CommitteeJPC, the Joint Policy Committee JPC shall be entitled to receive copies of documents, notices, and awards rendered in such proceedings, subject to the same confidentiality restrictions as agreed by the parties to the proceeding or ordered by the arbitrator. Such documents, notices and awards will be provided to the Joint Policy Committee JPC legal counsel by the union within 30 days following an award. The submissions and awards relating to such proceedings shall not be published or otherwise made available beyond (a) the Joint Policy Committee’s legal counsel and JPC¶V OHJDO FRXQVHO DQG (bE) the UnionWKH 8QLRQ. Unless an authorizer that is a party to an arbitration hereunder objects, such submissions and awards relating to such proceedings may also be made available to (a) any Joint Policy Committee JPC authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder, or (b) any Joint Policy Committee JPC authorizer that represents an advertiser that is not an authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder. Except as otherwise provided by this subsection E, such arbitration will be conducted in accordance with the provisions of this Section 58 and, to the extent not inconsistent, the Labor Arbitration Rules of the AAA. With the exception of cases involving fraud or undisclosed conflict of interest, no proceeding to vacate an arbitration award issued pursuant to this subsection E shall be permitted. Any decision of an arbitrator hereunder shall be final and binding upon all parties to the proceeding and judgment upon such award may be entered by any party in the highest court of the forum, State or Federal, having jurisdiction.

Special Procedures for Allocation Disputes. Prior to filing any arbitration pursuant to this Section 47.E.2. hereof63 with respect to an allocation dispute, a request to meet and confer must first be made to facilitate conciliation of the dispute. Such meet and confer must commence and conclude within a reasonable period of time after the request. A demand for arbitration may be filed upon the completion of the meet and confer or after 30 calendar days following the request to meet and confer, whichever first occursoccurs first. In the event of an arbitration filed pursuant to Section 47.E.2. hereof65.B.1 hereof [H&R Allocation provision], the Union SAG-AFTRA and the Producers waive their rights to a hearing and agree to submit the grievance to the arbitrator on written submissions. Each party shall file its initial written submission within the 10 days following designation of the arbitrator, each party providing a copy of its initial written submission to the other party within 3 days following submission to the arbitrator. Such submission will include the amount of the allocation to covered services the submitting party believes to be appropriate and such other facts and evidence that support the position of the submitting party. Each party shall thereafter have the right but not the obligation, to file a reply to the other party’s 's initial written submission within 5 days of its receipt of the other party’s 's initial written submission. Upon the request of either party, the arbitrator may extend the time limitations of this subsection E at his or her discretion. Unless further written materials are requested by the arbitrator, no further submissions shall be permitted. In any arbitration under this subsection E involving a Producer who is an authorizer to the Joint Policy CommitteeJPC, the Joint Policy Committee JPC shall be entitled to receive copies of documents, notices, and awards rendered in such proceedings, subject to the same confidentiality restrictions as agreed by the parties to the proceeding or ordered by the arbitrator. Such documents, notices and awards will be provided to the Joint Policy Committee JPC legal counsel by the union SAG-AFTRA within 30 days following an award. The submissions and awards relating to such proceedings shall not be published or otherwise made available beyond (a) the Joint Policy Committee’s JPC's legal counsel counsel, and (b) the UnionSAG-AFTRA. Unless an authorizer that is a party to an arbitration hereunder objects, such submissions and awards relating to such proceedings may also be made available to (a) any Joint Policy Committee JPC authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder, or (b) any Joint Policy Committee JPC authorizer that represents an advertiser that is not an authorizer that subsequently becomes a party to an arbitration hereunder or receives a notice to meet and confer hereunder. Except as otherwise provided by this subsection E, such arbitration will be conducted in accordance with the provisions of this Section 58 63 and, to the extent not inconsistent, the Labor Arbitration Rules of the AAAAmerican Arbitration Association. With the exception of cases involving fraud or undisclosed conflict of interest, no proceeding to vacate an arbitration award issued pursuant to this subsection E shall be permitted. Any decision of an arbitrator hereunder shall be final and binding upon all parties to the proceeding and judgment upon such award may be entered by any party in the highest court of the forum, State or Federal, having jurisdiction.