4th Step. Failing settlement at the 3rd step, the grievance may be submitted to arbitration or an Industry Troubleshooter (as outlined in Article 15.07) by written notice within sixty (60) calendar days from the date the Union receives the written response of the Company from the 3rd step. It is agreed that disputes which are carried to the arbitration stage shall be heard before a single arbitrator. The Company and the Union having expressed confidence in the ability of the under mentioned persons agree that they shall be called to arbitrate on a rotating basis and in order of their listing: Xxxxx Xxxx Xxxxxxx Xxxxxxxx Xxxxxxx Xxxxxx If the Arbitrator whose turn is indicated cannot act within a reasonable time, the next arbitrator listed will be approached. Should all arbitrators listed be unwilling or unable to serve when so approached, the parties will seek to agree on an additional arbitrator and failing that, an unlisted person will be appointed by the Manitoba Labour Board. It is anticipated that the Arbitrator will submit an award within thirty (30) days from the date of the hearing. The Company and the Union shall jointly be responsible for the expenses of the Arbitrator.
4th Step. If, after the attempts at the workplace to resolve the matter have failed, the matter in dispute may be referred to the Australian Industrial Relations Commission (AIRC) for resolution by conciliation.
4th Step. If, after the attempts at the Plant to resolve the dispute have failed, the matter in dispute may be referred to the Australian Industrial Relations Commission (AIRC) for resolution by conciliation. 5th step: If the matter is not resolved by conciliation, either the employees or the Company may request that the AIRC resolve the matter in dispute by arbitration of the application of the Agreement. The Employee(s) or the Company may identify a particular member of the AIRC who will arbitrate the matter in dispute and failing agreement, the matter will be heard before a member allocated by the AIRC. In exercising its functions in this dispute resolution clause the AIRC may exercise such procedural powers in relation to hearings, witnesses, evidence and submissions as are necessary to make the arbitration effective including, but not limited to, the powers set out in s.111 of the Workplace Relations Act 1996. Until the matter is determined, work will continue as per the Status Quo and in accordance with the Employee's contract and this Agreement without prejudice to the positions of the Employee(s) and the Company, unless the Employee(s) has a reasonable concern about an imminent risk to his or her health or safety and has complied with any reasonable direction given by his or her Employer to perform other available work, either at the same workplace or at another workplace. • Status Quo will be defined as: the situation that was in existence prior to the change occurring, as long as this procedure is invoked within ten (10) days of the change being announced. If ten (10) days has passed, then the new situation becomes the Status Quo. The decision of the AIRC in an arbitration under this procedure may be appealed to a Full Bench of the AIRC where that appeal is based on a question of law. The Full Bench may hear the appeal and exercise such powers in respect of the appeal as provided to the Full Bench in the Workplace Relations Act 1996, as if the arbitrated decision were an order of the AIRC. Any decision or outcome determined by the AIRC under this clause must not be inconsistent with: • The National Code of Practice for the Construction Industry; • The Implementation Guidelines for the National Code of Practice for the Construction Industry (as reissued in June 2006); or • Any legislative obligations.
4th Step. If the complaint cannot be settled at the third step, it shall be submitted to the Board of Education through the office of the Superintendent. After the complaint has been submitted, the Board shall hear the complaint together with the parties directly involved. The complainant may bring a staff member or other counsel of his or her choosing to the meeting. It will be the intent of the Board to consider such a complaint, whenever practicable, at the regularly scheduled meeting next following the submission of the complaint to the Board level. In no event, however, will such complaint be considered later than the second regularly scheduled meeting following submission. A special meeting may be called if mutually agreed upon.
4th Step. Upon receipt of your credit report(s), you are advised to make copies for your records and make note of the date you forwarded the original to the Member Benefits Department. You can Email them, upload them or Mail them to Member Benefits. Important: Contact Member Benefits department if you do not receive all three credit bureau reports within 30 days from the date that you mailed your request form. 5th Step: Upon receipt of your credit reports, POA, and identity documents your attorney will send a dispute letter to each credit bureau. Note: The power of attorney allows faster service because you do not have to sign the dispute letters. All communication directed to the credit bureaus will come from your attorney.
4th Step. If, after a sincere effort, it is found impossible to reach a solution locally, a full and circumstantial account of the difference shall be forwarded in writing to the Head Office of the Company and to the National Office of the Union, who shall endeavour to reach a settlement.
4th Step. If the grievance remains unsettled, it may be appealed to step four by filing a written appeal within five (5) working days of the step three answer. The International Representative, the Bargaining Committee and the Director of Human Resources (or alternate when the need arises) will meet and attempt to resolve the grievance no later than thirty (30) calendar days. The Director of Human Resources (or alternate when the need arises) will give it’s decision in writing with respect to the grievance within ten (10) working days, excluding Saturdays, Sundays, and holidays from the final meeting and discussion of the matter. The union representatives or the management will have the right to call as witness any employee to testify as to the facts concerning any disputes during the hearing of a grievance or complaint. This applies to all steps of the grievance procedure. 5th Step: Arbitration Any grievance which is not satisfactorily settled in step four of the grievance procedure may be submitted to arbitration by the International Union by providing the Company with a written notice of its intent to arbitrate within thirty (30) working days of the receipt of the Company’s answer in step four. The International Union and the Company will agree upon an arbitrator selected from a panel of seven arbitrators obtained from the Federal Mediation and Conciliation Service, or by any other method mutually agree to. The cost of such panel will be split between the parties. Selection shall be made by the Company and the Union from the Federal Mediation and Conciliation Service panel, eliminating one name until only one name remains on the list. The name remaining shall be the arbitrator. The right to strike the first name on the panel shall be rotated between the Company and the Union. The arbitrator’s power shall be limited to the application and interpretation of the agreement to settle the grievance before him. The arbitrator shall at all times be governed wholly by the terms of this agreement and shall have no power to, or authority to, amend, alter, or modify this agreement in any respect. The arbitrator’s fees for the hearing shall be paid by the losing party. The Company and the Union each shall pay the expenses of it’s own representatives and witnesses. Should either party choose not to use the first panel of arbitrators, that party that chooses to send for a new panel will bear the total expense of said panel. Should either party request a stenographer, said party...
