Common use of Appeal from Infractions Committee Decision Clause in Contracts

Appeal from Infractions Committee Decision. If the Infractions Committee (i) 33 has determined, pursuant to the procedures set forth in Section 3.04 hereof, that a Member has 34 violated this Agreement or (ii) makes any other determination with respect to a Member under 35 this Agreement (including, specifically, without limitation Section 5.03 hereof), such violating 36 Member shall have five business days following the date of notice of the Infractions 37 Committee’s determination to request reconsideration of the enforcement or other action and/or 38 propose an alternative form of penalty. Such request shall be made in writing and shall be 39 addressed to the Board. The Board may, in its sole discretion, grant or deny any request for 40 reconsideration and may, in its sole discretion, approve or disapprove any alternative form of 41 penalty; provided, that the Board shall exercise all reasonable efforts to ensure that penalties and 42 settlements are commensurate with the nature and extent of the violation, are designed to further 43 the purposes of the Sector, Plan, and Amendment 16, and are consistent with those reached in 44 similar circumstances.

Appeal from Infractions Committee Decision. If the Infractions Committee (i) 33 31 has determined, pursuant to the procedures set forth in Section 3.04 hereof, that a Member has 34 32 violated this Agreement or (ii) makes any other determination with respect to a Member under 35 33 this Agreement (including, specifically, without limitation Section 5.03 hereof), such violating 36 34 Member shall have five business days following the date of notice of the Infractions 37 35 Committee’s determination to request reconsideration of the enforcement or other action and/or 38 36 propose an alternative form of penalty. Such request shall be made in writing and shall be 39 37 addressed to the Board. The Board may, in its sole discretion, grant or deny any request for 40 38 reconsideration and may, in its sole discretion, approve or disapprove any alternative form of 41 39 penalty; provided, that the Board shall exercise all reasonable efforts to ensure that penalties and 42 40 settlements are commensurate with the nature and extent of the violation, are designed to further 43 41 the purposes of the Sector, Plan, and Amendment 16, and are consistent with those reached in 44 42 similar circumstances.

Appeal from Infractions Committee Decision. If the Infractions 24 Committee (i) 33 has determined, pursuant to the procedures set forth in Section 3.04 hereof, 25 that a Member has 34 violated this Agreement or (ii) makes any other determination with 26 respect to a Member under 35 this Agreement (including, specifically, without limitation 27 Section 5.03 hereof), such violating 36 Member shall have five business days following the 28 date of notice of the Infractions 37 Committee’s determination to request reconsideration of 29 the enforcement or other action and/or 38 propose an alternative form of penalty. Such 30 request shall be made in writing and shall be 39 addressed to the Board. The Board may, in 31 its sole discretion, grant or deny any request for 40 reconsideration and may, in its sole 32 discretion, approve or disapprove any alternative form of 41 penalty; provided, that the 33 Board shall exercise all reasonable efforts to ensure that penalties and 42 settlements are 34 commensurate with the nature and extent of the violation, are designed to further 43 the 35 purposes of the Sector, Plan, and Amendment 16, and are consistent with those reached 36 in 44 similar circumstances.

Appeal from Infractions Committee Decision. If the Infractions 34 Committee (i) 33 has determined, pursuant to the procedures set forth in Section 3.04 hereof, 35 that a Member has 34 violated this Agreement or (ii) makes any other determination with 36 respect to a Member under 35 this Agreement (including, specifically, without limitation 37 Section 5.03 hereof), such violating 36 Member shall have five business days following the 38 date of notice of the Infractions 37 Committee’s determination to request reconsideration of 39 the enforcement or other action and/or 38 propose an alternative form of penalty. Such 40 request shall be made in writing and shall be 39 addressed to the Board. The Board may, in 41 its sole discretion, grant or deny any request for 40 reconsideration and may, in its sole 42 discretion, approve or disapprove any alternative form of 41 penalty; provided, that the 43 Board shall exercise all reasonable efforts to ensure that penalties and 42 settlements are 44 commensurate with the nature and extent of the violation, are designed to further 43 the 45 purposes of the Sector, Plan, and Amendment 16, and are consistent with those reached 46 in 44 similar circumstances.

Appeal from Infractions Committee Decision. If the Infractions 25 Committee (i) 33 has determined, pursuant to the procedures set forth in Section 3.04 hereof, 26 that a Member has 34 violated this Agreement or (ii) makes any other determination with 27 respect to a Member under 35 this Agreement (including, specifically, without limitation 28 Section 5.03 hereof), such violating 36 Member shall have five business days following the 29 date of notice of the Infractions 37 Committee’s determination to request reconsideration of 30 the enforcement or other action and/or 38 propose an alternative form of penalty. Such 31 request shall be made in writing and shall be 39 addressed to the Board. The Board may, in 32 its sole discretion, grant or deny any request for 40 reconsideration and may, in its sole 33 discretion, approve or disapprove any alternative form of 41 penalty; provided, that the 34 Board shall exercise all reasonable efforts to ensure that penalties and 42 settlements are 35 commensurate with the nature and extent of the violation, are designed to further 43 the 36 purposes of the Sector, Plan, and Amendment 16, and are consistent with those reached 37 in 44 similar circumstances.

Appeal from Infractions Committee Decision. 10 If the Infractions Committee (i) 33 has determined, pursuant to the procedures set forth in Section 3.04 hereof, 11 that a Member has 34 violated this Agreement or (ii) makes any other determination with respect 12 to a Member under 35 this Agreement (including, specifically, without limitation Section 5.03 4.07 13 hereof), such violating 36 Member shall have five (5) business days following the date of notice of the Infractions 37 14 Committee’s determination to request reconsideration of the enforcement or other action 15 and/or 38 propose an alternative form of penalty. Such request shall be made in writing and shall 16 be 39 addressed to the Board. The Board may, in its sole discretion, grant or deny any request for 40 17 reconsideration and may, in its sole discretion, approve or disapprove any alternative form of 41 18 penalty; provided, that the Board shall exercise all reasonable efforts to ensure that penalties 19 and 42 settlements are commensurate with the nature and extent of the violation, are designed to 20 further 43 the purposes of the Sector, Plan, and Amendment 16, the Framework Adjustment and Amendment 21 13 and are consistent uniform with those reached in 44 similar circumstances.

Appeal from Infractions Committee Decision. If the Infractions Committee (i) 33 has determined, pursuant to the procedures set forth in Section 3.04 hereof, that a Member has 34 violated this Agreement or (ii) makes any other determination with respect to a Member under 35 this Agreement (including, specifically, without limitation Section 5.03 hereof), such violating 36 Member shall have five business days following the date of notice of the Infractions 37 Committee’s determination to request reconsideration of the enforcement or other action and/or 38 propose an alternative form of penalty. Such request shall be made in writing and shall be 39 addressed to the Board. The Board may, in its sole discretion, grant or deny any request for 40 reconsideration and may, in its sole discretion, approve or disapprove any alternative form of 41 penalty; provided, that the Board shall exercise all reasonable efforts to ensure that penalties and 42 settlements are commensurate with the nature and extent of the violation, are designed to further 43 the purposes of the Sector, Plan, and Amendment 16, and are consistent with those reached in 44 similar circumstances.

Appeal from Infractions Committee Decision. 16 If the Infractions Committee (i) 33 has determined, pursuant to the procedures set forth in Section 3.04 hereof, 17 that a Member has 34 violated this Agreement or (ii) makes any other determination with respect 18 to a Member under 35 this Agreement (including, specifically, without limitation Section 5.03 4.07 19 hereof), such violating 36 Member shall have five (5) business days following the date of notice of the Infractions 37 20 Committee’s determination to request reconsideration of the enforcement or other action 21 and/or 38 propose an alternative form of penalty. Such request shall be made in writing and shall 22 be 39 addressed to the Board. The Board may, in its sole discretion, grant or deny any request for 40 23 reconsideration and may, in its sole discretion, approve or disapprove any alternative form of 41 24 penalty; provided, that the Board shall exercise all reasonable efforts to ensure that penalties 25 and 42 settlements are commensurate with the nature and extent of the violation, are designed to 26 further 43 the purposes of the Sector, Plan, and Amendment 16, the Framework Adjustment and Amendment 27 13 and are consistent uniform with those reached in 44 similar circumstances.

Appeal from Infractions Committee Decision. 40 If the Infractions Committee (i) 33 has determined, pursuant to the procedures set forth in Section 3.04 hereof, 41 that a Member has 34 violated this Agreement or (ii) makes any other determination with respect 42 to a Member under 35 this Agreement (including, specifically, without limitation Section 5.03 4.07 43 hereof), such violating 36 Member shall have five (5) business days following the date of notice of the Infractions 37 44 Committee’s determination to request reconsideration of the enforcement or other action 1 and/or 38 propose an alternative form of penalty. Such request shall be made in writing and shall 2 be 39 addressed to the Board. The Board may, in its sole discretion, grant or deny any request for 40 3 reconsideration and may, in its sole discretion, approve or disapprove any alternative form of 41 4 penalty; provided, that the Board shall exercise all reasonable efforts to ensure that penalties 5 and 42 settlements are commensurate with the nature and extent of the violation, are designed to 6 further 43 the purposes of the Sector, Plan, and Amendment 16, the Framework Adjustment and Amendment 7 13 and are consistent uniform with those reached in 44 similar circumstances.

Appeal from Infractions Committee Decision. If the Infractions Committee (i) 33 21 has determined, pursuant to the procedures set forth in Section 3.04 hereof, that a Member has 34 22 violated this Agreement or (ii) makes any other determination with respect to a Member under 35 23 this Agreement (including, specifically, without limitation Section 5.03 hereof), such violating 36 24 Member shall have five business days following the date of notice of the Infractions 37 25 Committee’s determination to request reconsideration of the enforcement or other action and/or 38 26 propose an alternative form of penalty. Such request shall be made in writing and shall be 39 27 addressed to the Board. The Board may, in its sole discretion, grant or deny any request for 40 28 reconsideration and may, in its sole discretion, approve or disapprove any alternative form of 41 29 penalty; provided, that the Board shall exercise all reasonable efforts to ensure that penalties and 42 30 settlements are commensurate with the nature and extent of the violation, are designed to further 43 31 the purposes of the Sector, Plan, and Amendment 16, and are consistent with those reached in 44 32 similar circumstances.