Common use of Resolution of Differences Clause in Contracts

Resolution of Differences. The resolution of differences concerning interpretation, application, or administration of terms and conditions of employment, as provided in this MOU, shall be attempted at the lowest Supervisory level possible. However, it is understood that the MMG may file a "Notice of Disagreement" on behalf of one (1) or more employees and by mutual agreement between the parties. Such notice of disagreement may be filed with the AGM or GM instead of the Supervisor. Employees will bring to the attention of their Supervisors or Human Resources, in a timely manner those situations in which the employee feels a misunderstanding exists. In order for a misunderstanding or difference to be considered and addressed in a timely manner, it shall be brought to the Supervisor’s or Human Resources attention within thirty calendar days following the act or occurrence upon which the alleged misunderstanding or difference is based. In such cases, the employee shall be allowed to have one of the representatives of the MMG present and participate, if requested, in order to assist in accurately presenting the circumstances under consideration. If the matter cannot be settled at the Supervisor's level, the employee or the MMG may appeal to the DH for action. If the situation was not satisfactorily resolved in the meeting with the Supervisor and/or DH, the MMG may file a written “Notice of Disagreement” (on the form shown in Exhibit “B”) with the AGM or the GM, depending on the Department in which the situation arises, requesting a meeting within three (3) working days to review the situation and attempt to arrive at a solution. The employee may be represented at this meeting by a representative of the MMG. If either side intends to be represented by an attorney in any grievance meeting, it will give the other party as much advance notice as possible and, if necessary, the meeting will be postponed for a reasonable amount of time in order to allow such party to arrange for its own Representative to be present. No grievance settlement shall be precedent setting except for settlements reached between the GM and the MMG, which expressly state that the settlements are intended to be precedent‐setting. If either party to the dispute wishes to pursue the matter further, it shall notify the other party, call the State of California Conciliation Service, and request the services of a State Mediator. Such a mediator shall mediate the dispute according to the State Conciliation rules governing mediation. Any findings or recommendations of the Mediator shall be advisory to the parties. There shall be no cost to the parties. The parties shall have fourteen (14) days in which to notify the others of their acceptance or rejection of the Mediator’s decision. Within fourteen

Resolution of Differences. The resolution In the event of differences concerning interpretationa dispute or disagreement arising between professionals in relation to the operation of the MASH, applicationfor example in decision-making on cases, or administration of terms and conditions of employment, as provided in this MOU, shall the first instance the matter should be attempted at the lowest Supervisory level possible. However, it is understood that the MMG may file a "Notice of Disagreement" on behalf of one (1) or more employees and by mutual agreement discussed between the parties. Such notice of disagreement may be filed with the AGM or GM instead of the Supervisor. Employees will bring to the attention of their Supervisors or Human Resources, in a timely manner those situations in which the employee feels a misunderstanding exists. In order for a misunderstanding or difference to be considered and addressed in a timely manner, it shall be brought to the Supervisor’s or Human Resources attention within thirty calendar days following the act or occurrence upon which the alleged misunderstanding or difference is based. In such cases, the employee shall be allowed to have one of the representatives of the MMG present and participate, if requested, in order to assist in accurately presenting the circumstances under considerationrespective line managers. If the differences cannot be resolved at this level within a reasonable timescale, then the matter should be referred to the Children’s Safeguarding and Social Work Service Manager with responsibility for MASH. Any disputes involving cases where there is a possible risk to a child should be referred to the Child Protection Coordinator based in the Quality Assurance Unit. Any disagreements or differences should be recorded on the case file, including the views of the other Partners. Any disputes or disagreements arising from the governance of the MASH should be referred to the MASH Steering Group for discussion and to allow a resolution to be negotiated. The Partners will use reasonable efforts to negotiate in good faith and settle amicable any dispute that may arise or relate to this Agreement. If any dispute relating to information sharing cannot be settled at the Supervisor's levelamicably through discussions as set our above, the employee dispute will be referred to ▇▇▇▇▇▇’s Executive Director of the Supporting People Directorate to take up with the Children’s Trust board who will try to resolve the issue Notwithstanding the duration of this Agreement the arrangements held within this document will be reviewed initially after six (6) months from the Commencement Date of this Agreement to ensure the Agreement remains up-to-date and relevant. The review should consider (without limitation):  The purpose of this Agreement and whether the objectives/functions set out in this are still being achieved;  Any changes in legislation or guidance;  A review of complaints and any breaches The review shall be led by the MASH Steering group. This Agreement may also be reviewed immediately if any of the parameters of the Agreement need to be changed or there is a breach by any Partner to this Agreement including but not limited to any breach of their obligations under the Data protection Act 1998. At any time any changes to this Agreement and/or its Appendices may be made as agreed by all Partners. The Partners to this Agreement are subject to and shall comply with the provisions of the Freedom of Information Act 2000. This document and the arrangements it details will be disclosable for the purposes of the Freedom of Information Act 2000 and so will be published on each Partners’ websites and in accordance with the publication scheme for each Partner. Those Partners to this Agreement that are ‘public authorities’ for the purposes of the Freedom of Information Act 2000 may receive requests for information relating to the information sharing activities under this Agreement (e.g. statistics on the amount of data sharing being undertaken or the MMG general nature of the data sharing). It is recognised that public authorities are individually responsible for meeting their obligations under the Freedom of Information Act 2000. Under the Section 45 of the Code of Practice on handling requests for information, good practice is to consult with third parties who have given information which may appeal be disclosed under the Act. The Partners are therefore expected where they receive such requests to ensure that Partners to this Agreement are consulted in a suitable manner of the nature of the request and their intended response. The Code also relates to the DH for actionprocess by which one authority may also transfer all or part of a request to another authority if it relates to information they do not hold. If the situation was not satisfactorily resolved in the meeting with the Supervisor and/or DH, the MMG may file a written “Notice of Disagreement” (on the form shown in Exhibit “B”) with the AGM or the GM, depending on the Department in which the situation arises, requesting a meeting within three (3) working days to review the situation and attempt to arrive at a solution. The employee may be represented at this meeting by a representative of the MMG. If either side intends to be represented by an attorney in any grievance meeting, it will give the other party as much advance notice as possible and, if necessary, the meeting There will be postponed for a reasonable amount an expectation that personal data requested by third parties will be exempted under section 40 Freedom of time in order to allow such party to arrange for its own Representative to be present. No grievance settlement shall be precedent setting except for settlements reached between the GM and the MMG, which expressly state that the settlements are intended to be precedent‐setting. If either party to the dispute wishes to pursue the matter further, it shall notify the other party, call the State of California Conciliation Service, and request the services of a State Mediator. Such a mediator shall mediate the dispute according to the State Conciliation rules governing mediation. Any findings or recommendations of the Mediator shall be advisory to the parties. There shall be no cost to the parties. The parties shall have fourteen (14) days in which to notify the others of their acceptance or rejection of the Mediator’s decision. Within fourteenInformation Act 2000.

Resolution of Differences. The (a) To resolve those differences that are not resolved pursuant to Section 2.04, the Purchaser and Dow Jones shall jointly retain an independent accounting firm, acting thr▇▇▇▇ one or more audit partners knowledgeable in businesses comparable to that of DJM, and using such dispute resolution procedures as the parties may agree (or, in the absence of differences concerning interpretation, application, or administration of terms and conditions of employmentsuch agreement, as provided such accounting firm shall determine in this MOUits discretion), to review and resolve any remaining differences and to deliver a written report to the Purchaser and Dow Jones setting forth: (i) its determination of such r▇▇▇▇▇ing differences; (ii) the remaining adjustments, if any, to the Closing Balance Sheet (in addition to any adjustments agreed by the parties), necessary to reflect such determination; and (iii) its determination of Closing Net Working Capital and/or Closing Net Worth, as applicable, after giving effect to any adjustments agreed by the parties and to the remaining adjustments, if any, made pursuant to clause (ii) above. Said firm shall be instructed by both the Purchaser and Dow Jones to deliver its written report not later than 30 days after expi▇▇▇▇▇n of the second 30-day period referred to in paragraph 2.04(h). (b) The Closing Balance Sheet, after giving effect to such further adjustments, if any, set forth in such written report, and the determination of Closing Net Working Capital and Closing Net Worth derived therefrom, shall be attempted at the lowest Supervisory level possible. However, it is understood that the MMG may file a "Notice of Disagreement" on behalf of one (1) or more employees deemed final and by mutual agreement between the parties. Such notice of disagreement may be filed with the AGM or GM instead binding as of the Supervisor. Employees will bring date such written report is provided to the attention of their Supervisors or Human Resources, in a timely manner those situations in which the employee feels a misunderstanding exists. In order for a misunderstanding or difference to be considered and addressed in a timely manner, it shall be brought to the Supervisor’s or Human Resources attention within thirty calendar days following the act or occurrence upon which the alleged misunderstanding or difference is based. In parties by such cases, the employee shall be allowed to have one of the representatives of the MMG present and participate, if requested, in order to assist in accurately presenting the circumstances under consideration. If the matter cannot be settled at the Supervisor's level, the employee or the MMG may appeal to the DH for action. If the situation was not satisfactorily resolved in the meeting with the Supervisor and/or DH, the MMG may file a written “Notice of Disagreement” accounting firm. (on the form shown in Exhibit “B”c) with the AGM or the GM, depending on the Department in which the situation arises, requesting a meeting within three (3) working days to review the situation and attempt to arrive at a solution. The employee may be represented at this meeting by a representative of the MMG. If either side intends to be represented by an attorney in any grievance meeting, it will give the other party as much advance notice as possible and, if necessary, the meeting will be postponed for a reasonable amount of time in order to allow such party to arrange for its own Representative to be present. No grievance settlement shall be precedent setting except for settlements reached between the GM and the MMG, which expressly state that the settlements are intended to be precedent‐setting. If either party to the dispute wishes to pursue the matter further, it shall notify the other party, call the State of California Conciliation Service, and request the services of a State Mediator. Such a mediator shall mediate the dispute according to the State Conciliation rules governing mediation. Any findings or recommendations of the Mediator shall be advisory to the parties. There shall be no cost to the parties. The parties shall have fourteen make available to each other and their respective accountants, and if applicable, said additional accounting firm, such books, records and other information (14including work papers) days in which as any of them may reasonably request to notify conduct the others audits or reviews described herein. The fees and expenses of their acceptance or rejection each party's accountants related to the determinations to be made pursuant to this Section 2.05 shall be borne by such party and the fees and expenses of the Mediator’s decision. Within fourteenaccounting firm mutually selected pursuant to paragraph (a) above, if any, shall be borne equally by the Purchaser and Dow Jones.

Resolution of Differences. The resolution of differences concerning interpretation, application, or administration of terms and conditions of employment, as provided in this MOU, shall be attempted at the lowest Supervisory level possible. However, it is understood that the MMG SAEC may file a "Notice of Disagreement" on behalf of one (1) or more employees and and, by mutual agreement between the parties. Such ; such notice of disagreement may be filed with the AGM or GM instead of the Supervisor. Employees will bring to the attention of their Supervisors or Human Resources, in a timely manner those situations in which the employee feels a misunderstanding exists. In order for a misunderstanding or difference to be considered and addressed in a timely manner, it shall be brought to the Supervisor’s or Human Resources attention within thirty calendar days following the act or occurrence upon which the alleged misunderstanding or difference is based. In such cases, the employee shall be allowed to have one (1) of the representatives officers of the MMG SAEC present and participate, if requested, in order to assist in accurately presenting the circumstances under consideration. If the matter cannot be settled at the Supervisor's level, the employee or the MMG SAEC may appeal to the DH for action. If the situation was not satisfactorily resolved in the meeting with the Supervisor and/or DH, the MMG SAEC may file a written “Notice of Disagreement” (on the form shown in Exhibit “B”) with the AGM or the GM, depending on the Department in which the situation arises, requesting a meeting within three (3) working days to review the situation and attempt to arrive at a solution. The employee may be represented at this meeting by a representative an Officer of the MMGSAEC and/or a Representative designated by an Officer. If either side intends to be represented by an attorney in any grievance meeting, it will give the other party as much advance notice as possible and, if necessary, the meeting will be postponed for a reasonable amount of time in order to allow such party to arrange for its own Representative to be present. No grievance settlement shall be precedent setting except for settlements reached between the GM and the MMGPresident of the SAEC. In the event that a satisfactory resolution of the matter has not been reached following the meeting with the AGM or GM, which expressly state an "Adjustment Committee" comprised of three (3) people selected by the SAEC and three (3) members of Management, selected by Management, shall meet within five (5) working days and hear the presentation of arguments by both parties to the disagreement. Neither the employee submitting the original matter for adjustment nor that employee's Supervisor shall serve on the settlements are intended Adjustment Committee. After considering the presentation of the facts, the Adjustment Committee shall vote in a closed session as to a resolution of the matter. A majority vote shall be precedent‐settingnecessary to overturn the action or decision being disputed. The discussions and votes cast in closed session of the Adjustment Committee shall not be made public; however, a notice of the results of the Adjustment Committee consideration will be posted on the bulletin boards at the Administrative Office, Operations Center, and Treatment Plant. If either party to the dispute wishes to pursue the matter further, it shall notify the other party, call the State of California Conciliation Service, and request the services of a State Mediator. Such a mediator shall mediate the dispute according to the State Conciliation rules governing mediation. Any findings or recommendations of the Mediator shall be advisory to the parties. There shall be no cost to the parties. The parties shall have fourteen (14) days in which to notify the others of their acceptance or rejection of the Mediatormediator’s decision. Within fourteen

Resolution of Differences. The resolution of differences concerning interpretation, application, or administration of terms and conditions of employment, as provided in this MOU, shall be attempted at the lowest Supervisory level possible. However, it is understood that the MMG CG may file a "Notice of Disagreement" on behalf of one (1) or more employees and by mutual agreement between the parties. Such notice of disagreement may be filed with the AGM or GM instead of the Supervisor. Employees will bring to the attention of their Supervisors or Human Resources, in a timely manner those situations in which the employee feels a misunderstanding exists. In order for a misunderstanding or difference to be considered and addressed in a timely manner, it shall be brought to the Supervisor’s or Human Resources attention within thirty 30 calendar days following the act or occurrence upon which the alleged misunderstanding or difference is based. In such cases, the employee shall be allowed to have one of the representatives of the MMG CG present and participate, if requested, in order to assist in accurately presenting the circumstances under consideration. If the matter cannot be settled at the Supervisor's level, the employee or the MMG CG may appeal to the DH for action. If the situation was not satisfactorily resolved in the meeting with the Supervisor and/or DH, the MMG CG may file a written “Notice of Disagreement” (on the form shown in Exhibit “B”) with the AGM or the GM, depending on the Department in which the situation arises, requesting a meeting within three (3) working days to review the situation and attempt to arrive at a solution. The employee may be represented at this meeting by a representative of the MMGCG. If either side intends to be represented by an attorney in any grievance meeting, it will give the other party as much advance notice as possible and, if necessary, the meeting will be postponed for a reasonable amount of time in order to allow such party to arrange for its own Representative to be present. No grievance settlement shall be precedent setting except for settlements reached between the GM and the MMGCG, which expressly state that the settlements are intended to be precedent‐settingprecedent setting. If either party to the dispute wishes to pursue the matter further, it shall notify the other party, call the State of California Conciliation Service, and request the services of a State Mediator. Such a mediator shall mediate the dispute according to the State Conciliation rules governing mediation. Any findings or recommendations of the Mediator shall be advisory to the parties. There shall be no cost to the parties. The parties shall have fourteen (14) days in which to notify the others of their acceptance or rejection of the Mediator’s decision. Within fourteenfourteen (14) calendar days after the advisory decision of the Mediator, both parties shall indicate, in writing, whether the Mediator's recommendation will be accepted or rejected. Such notice shall be served or mailed to the other party within said fourteen (14) day period. In the event an employee elects to exercise the right to self‐representation and objects to the attendance of a CG Representative, such individuals shall be excluded; provided, however, representatives of the CG will have certain rights of access to the records of the Resolution of Differences proceeding. This right of access is provided in recognition of the CG's interest in effective representation of its members. Accordingly, the Authority shall provide the CG access to: 1. Information concerning the nature of the difference including all facts and evidence in the record. 2. Any procedures utilized during the course of the proceeding. 3. The results of the proceeding, including any discipline imposed. However, in order to recognize the personal privacy interests of employees, the Authority shall delete from the record: 1. The name of the employee filing the difference. 2. The employee's social security number, address, and telephone number. 3. Any other personal information protected under rights of privacy.