Common use of Appeals Procedure Clause in Contracts

Appeals Procedure. Any disputes arising under this Agreement with regard to any determination made by the Company or the Outside Committee Members under this Agreement, including but not limited to any dispute with regard to the denial of Severance Benefits to the Executive, may be appealed to the Outside Committee Members by the Executive. The Executive, or any authorized representative of the Executive, may upon written notice to the Outside Committee Members within sixty (60) days after any such determination or denial request a review by the Outside Committee Members of any such determination or denial. Such review may be made by written briefs submitted by the Executive and the Outside Committee Members or at a hearing, or by both, as shall be deemed necessary by the Outside Committee Members. Any hearing shall be held in the Corporate Headquarters of the Company, unless the Outside Committee Members shall specify otherwise. The date and time of any such hearing shall be designated by the Outside Committee Members upon not less than seven (7) days’ notice to the Executive unless the Executive accepts shorter notice. The Outside Committee Members shall make every effort to schedule the hearing on a day and at a time which is convenient to the Executive. The Outside Committee Members may, in their sole discretion, establish such rules of procedure as it may deem necessary or advisable for the conduct of any such review or of any such hearing. After the review has been completed, the Outside Committee Members shall render a decision in writing, a copy of which shall be sent to the Executive. In rendering their decision, the Outside Committee Members shall have full power and discretion to interpret this Agreement, to resolve ambiguities, inconsistencies and omissions, to determine any question of fact, to determine the right to Severance Benefits, and the amount of Severance Benefits, if any, payable to, the Executive in accordance with the provisions of this Agreement. Such decision shall set forth the specific reason or reasons for the decision and the specific provisions of this Agreement upon which the decision is based. There shall be no further appeal from a decision rendered by a quorum of the Outside Committee Members. Any determination made by the Outside Committee Members as a result of an appeal shall be final and binding in all respects upon the Company, the Parent Company and the Executive.

Appeals Procedure. Any disputes arising under this Agreement with regard Applicant whose claim for benefits is denied in whole or in part may appeal from such denial to any determination made the Committee for a review of the decision by the Company Committee. Such appeal must be made within three months after the Applicant has received actual or the Outside Committee Members under this Agreement, including but not limited to any dispute with regard to constructive notice of the denial of Severance Benefits to the Executive, may as provided above. An appeal must be appealed to the Outside Committee Members by the Executive. The Executive, or any authorized representative of the Executive, may upon written notice to the Outside Committee Members submitted in writing within sixty such period and must: (60i) days after any such determination or denial request Request a review by the Outside Committee Members of the claim for benefits under the Plan; (ii) Set forth all of the grounds upon which the Applicant's request for review is based on and any such determination facts in support thereof; and (iii) Set forth any issues or denialcomments which the Applicant deems pertinent to the appeal. Such The Committee shall regularly review may appeals by Applicants. The Committee shall act upon each appeal within 60 days after receipt thereof unless special circumstances require an extension of the time for processing, in which case a decision shall be made rendered by the Committee as soon as possible but not later than 120 days after the appeal is received by the Committee. The Committee shall make full and fair review of each appeal and any written briefs materials submitted by the Executive and the Outside Committee Members or at a hearing, or by both, as shall be deemed necessary by the Outside Committee Members. Any hearing shall be held Applicant in the Corporate Headquarters of the Company, unless the Outside Committee Members shall specify otherwiseconnection therewith. The date and time of any Committee may require the Applicant to submit such hearing shall be designated by additional facts, documents or other evidence as the Outside Committee Members upon not less than seven (7) days’ notice to the Executive unless the Executive accepts shorter notice. The Outside Committee Members shall make every effort to schedule the hearing on a day and at a time which is convenient to the Executive. The Outside Committee Members may, in their sole discretion, establish such rules of procedure as it may deem its discretion deems necessary or advisable for in making its review. The Applicant shall be given the conduct opportunity to review pertinent documents or materials upon submission of any such review a written request to the Committee, provided the Committee finds the requested documents or materials are pertinent to the appeal. On the basis of any such hearing. After the review has been completedits review, the Outside Committee Members shall render a decision in writing, a copy of which shall be sent to the Executive. In rendering their decision, the Outside Committee Members shall have full power and discretion to interpret this Agreement, to resolve ambiguities, inconsistencies and omissions, to determine any question of fact, to determine the right to Severance Benefits, and the amount of Severance Benefits, if any, payable to, the Executive in accordance with the provisions of this Agreement. Such decision shall set forth the specific reason or reasons for the decision and the specific provisions of this Agreement upon which the decision is based. There shall be no further appeal from a decision rendered by a quorum make an independent determination of the Outside Applicant's eligibility for benefits under the Plan. The decision of the Committee Members. Any determination made by the Outside Committee Members as a result of an appeal on any claim for benefits shall be final and binding conclusive upon all parties thereto. In the event the Committee denies an appeal in all respects upon the Companywhole or in part, the Parent Company Committee shall give written notice of the decision to the Applicant, which notice shall set forth, in a manner calculated to be understood by the Applicant, the specific reasons for such denial and which shall make specific reference to the Executivepertinent provisions of the Plan or Agreement on which the Committee's decision is based.

Appeals Procedure. Any disputes arising under this Agreement with regard to any determination made by the Company or the Outside Committee Members under this Agreement, including but not limited to any dispute with regard to the denial of Severance Benefits to the Executive, may be appealed to the Outside Committee Members by the Executive. The Executive, or any authorized representative of the Executive, may upon written notice to the Outside Committee Members within sixty (60) days after any such determination or denial request a review by the Outside Committee Members of any such determination or denial. Such review may be made by written briefs submitted by the Executive and the Outside Committee Members or at a hearing, or by both, as shall be deemed necessary by the Outside Committee Members. Any hearing shall be held in the Corporate Headquarters of the Company, unless the Outside Committee Members shall specify otherwise. The date and time of any such hearing shall be designated by the Outside Committee Members upon not less than seven (7) days’ ' notice to the Executive unless the Executive accepts shorter notice. The Outside Committee Members shall make every effort to schedule the hearing on a day and at a time which is convenient to the Executive. The Outside Committee Members may, in their sole discretion, establish such rules of procedure as it may deem necessary or advisable for the conduct of any such review or of any such hearing. After the review has been completed, the Outside Committee Members shall render a decision in writing, a copy of which shall be sent to the Executive. In rendering their decision, the Outside Committee Members shall have full power and discretion to interpret this Agreement, to resolve ambiguities, inconsistencies and omissions, to determine any question of fact, to determine the right to Severance Benefits, and the amount of Severance Benefits, if any, payable to, the Executive in accordance with the provisions of this Agreement. Such decision shall set forth the specific reason or reasons for the decision and the specific provisions of this Agreement upon which the decision is based. There shall be no further appeal from a decision rendered by a quorum of the Outside Committee Members. Any determination made by the Outside Committee Members as a result of an appeal shall be final and binding in all respects upon the Company, the Parent Company and the Executive.

Appeals Procedure. An employee will have rights of appeal against any disciplinary action taken. Normally the appeal would be to a level of management at least one grade above the disciplining officer. The procedures as detailed below should be followed in conjunction with Annex B:- Oral/verbal/written warning - to the nominated officer with no further right of appeal; Final written warning - to the nominated officer/Appeals Committee; Dismissal/Summary Dismissal - to the nominated officer/Appeals Committee. Note: The Appeals Committee procedure to be followed is described at Annex D. Any disputes arising under this Agreement with regard to any determination made appeal, by the Company employee or the Outside Committee Members under this Agreementon their behalf by their representative, including but not limited to any dispute with regard to the denial of Severance Benefits to the Executive, may should be appealed to the Outside Committee Members by the Executive. The Executive, or any authorized representative of the Executive, may upon written notice to the Outside Committee Members within sixty (60) days after any such determination or denial request a review by the Outside Committee Members of any such determination or denial. Such review may be made by written briefs submitted by the Executive and the Outside Committee Members or at a hearing, or by both, as shall be deemed necessary by the Outside Committee Members. Any hearing shall be held in the Corporate Headquarters of the Company, unless the Outside Committee Members shall specify otherwise. The date and time of any such hearing shall be designated by the Outside Committee Members upon not less than seven (7) days’ notice to the Executive unless the Executive accepts shorter notice. The Outside Committee Members shall make every effort to schedule the hearing on a day and at a time which is convenient to the Executive. The Outside Committee Members may, in their sole discretion, establish such rules of procedure as it may deem necessary or advisable for the conduct of any such review or of any such hearing. After the review has been completed, the Outside Committee Members shall render a decision notified in writing, stating the grounds of the appeal, to the nominated officer within 10 working days of the date of notification to the employee of the disciplinary action decided upon, as described in Xxxxx X. The appeal must be submitted on the Notification of Appeal (PERS/DISC/2/96) Form (Annex F). If the appeal is not initially submitted on the Notification of Appeal (PERS/DISC/2/96) Form a copy of which shall will be sent out to the Executiveemployee for completion and return, as this will form the basis of the appeal. In rendering their decision, the Outside Committee Members shall have full power and discretion to interpret this Agreement, to resolve ambiguities, inconsistencies and omissions, to determine any question of fact, to determine the right to Severance Benefits, and the amount of Severance Benefits, if any, payable to, the Executive A hearing will be convened in accordance with the provisions following procedures to hear the appeal, and this panel has the power to decide upon the issues raised before it. The appeal will be heard as soon as possible and no later than 20 working days of this Agreementreceipt by the nominated officer of written notification of the employee’s intention to appeal. Such decision shall set forth the specific reason or reasons for the decision and the specific provisions of this Agreement upon which the decision is based. There The employee shall be no further appeal from a decision rendered given notice in writing, at least 5 working days in advance:- the date, time and place of the hearing; the person conducting the hearing; their right to be represented and/or accompanied by a quorum person of their choice; their right, the right of his or her representative and management’s right to make a full statement of the Outside Committee Memberscase at the Appeal Hearing including the presentation of evidence; The rights of his or her representative and management to call witnesses and to question witnesses. Any determination made by In the Outside Committee Members as a result case of an appeal against dismissal, where such an appeal is upheld the employee shall be final and binding receive retrospective payment in all respects upon respect of the Companyworking time which he or she has lost. Where the terms of the POCSA have been held to apply to the case, the Parent Company Appeals Officer/Chair of the Appeals Panel must advise the Head of Legal and Protective Services and the ExecutiveHead of Improvement and Strategic HR where the appeal is upheld either in part or in full. Disciplinary action will be invoked in respect of the above where the Council considers an employee’s capabilities and suitability’s to carry out the duties of his or her post are affected. Acquiring a conviction does not automatically render a person unsuitable or incapable of carrying out their duties. Strategic HR and Corporate Services must be consulted before any such action is taken.

Appeals Procedure. a) First Step Appeals The Company shall designate one person to serve as its representative for the consideration of appeals by applicants and the union shall designate a representative for the same purpose. The employee designated as the representative of the union shall be paid for time lost from work in attending meetings with the company representative for the consideration of such appeals. Such payments shall be made directly by the Company. Any disputes arising under this Agreement with regard to any determination made person who shall have been determined by the Company not to be entitled to a benefit, who shall have been determined to be entitled to be paid a benefit that is lesser in amount than the amount to which such person believes he/she is entitled, who questions the number of credit units credited to him/her at the time of layoff, who has had more of his/her credit units canceled than he/she believes correct or the Outside Committee Members under who is determined to be I ineligible for a benefit which determination is disputed by him/her, may appeal such determination by presenting an appeal (other than determinations made in connection with Section 1 (b )(11) of Article 1), on a form to be provided for this Agreementpurpose, including but not limited to any dispute with regard either to the denial of Severance Benefits Company representative or to the ExecutiveUnion Representative. In situations where a number of employees had filed applications for benefits under substantially identical conditions, an appeal may be appealed filed with respect to one of such employees and the decision therein shall apply to all such employees. If there is no local union or plant S.U.B. representative at any plant because of a discontinuance of such plant, the appeal may be filed directly with the Board of Appeals. Appeals concerning determinations made in connection with Section 1 (b)( 11) of Article 1 (contrary to intent of Plan) shall be made directly to the Outside Committee Members by Board. Such written appeal must be filed within thirty days following the Executive. The Executive, or any authorized representative date of the Executive, may upon written notice to the Outside Committee Members within sixty (60) days after any of such determination or denial or reduction of such benefit to such person, or within thirty days after the date of mailing of a cheque of such smaller amount by the Trustee to such person. The other party. If either the Company representative or the Union representative shall find that such appeal is justified, he/she shall so notify the other representative and the Company representative and Union representative shall meet within ten days from the date of the appeal (or such extended time as may be agreed upon) to determine the disposition of such appeal. In the event the two parties cannot agree upon the disposition of the appeal, either representative may refer the matter to the Board of Appeals for disposition, on a form provided for that purpose. (1) Within twenty days after disposition of an appeal by the Company and union representatives, the Union representative may request a review ruling by the Outside Committee Members Board of any such determination or denialAppeals. Such review may be made by written briefs submitted by the Executive and the Outside Committee Members or at a hearing, or by both, as request shall be deemed necessary by the Outside Committee Members. Any hearing shall be held in the Corporate Headquarters of the Company, unless the Outside Committee Members shall specify otherwise. The date and time of any such hearing shall be designated by the Outside Committee Members upon not less than seven (7) days’ notice to the Executive unless the Executive accepts shorter notice. The Outside Committee Members shall make every effort to schedule the hearing on a day and at a time which is convenient to the Executive. The Outside Committee Members may, in their sole discretion, establish such rules of procedure as it may deem necessary or advisable for the conduct of any such review or of any such hearing. After the review has been completed, the Outside Committee Members shall render a decision in writing, shall specify the respects in which the Plan is claimed to have been violated and shall set forth the facts relied upon as justifying a reversal or modification of the determination appealed from. A copy of said request will be furnished to the Company representative. The Board of Appeals shall have no jurisdiction to act upon an appeal made after the time specified above or upon an appeal which does not otherwise comply with this subparagraph. Subject to the limitations of subparagraph (2) set forth below, the handling and disposition of such request to the Board of Appeals shall be sent in accordance with the regulations and procedures established by the Board. The Union representative, or the Union members of the Board of Appeals, may withdraw any appeal to the Executive. Board at any time before it is decided by the Board. (2) In rendering their decisionruling upon appeals, the Outside Committee Members Board shall have full power no authority to waive, vary, qualify or alter in any manner the eligibility requirements set forth in the Plan, the procedure for applying for benefits set forth herein or any other provision of the Plan and discretion to interpret this Agreement, to resolve ambiguities, inconsistencies and omissions, shall have no jurisdiction other than to determine any question on the basis of fact, to determine the right to Severance Benefits, facts presented and the amount of Severance Benefits, if any, payable to, the Executive in accordance with the provisions of this Agreement. Such decision shall set forth the specific reason or reasons for Plan: (i) whether the decision first step appeal and the specific provisions appeal to the Board were made within the time and in the manner specified in this Section; (ii) whether the employee is an eligible person with respect to the benefit involved and, if so; (iii) the amount of any benefit payable; (iv) whether the accrual or cancellation of credit units was properly determined; any questions by either the Company or the Union concerning the interpretation or application of this Agreement upon which Plan unless specifically excluded from the decision is based. appeals procedure. (3) There shall be no further appeal from a the decision rendered by a quorum of the Outside Committee MembersBoard of Appeals. Any determination made by the Outside Committee Members as a result of an appeal shall It should be final and binding in all respects upon the CompanyUnion, its members, the Parent Company employee involved, the Trustee and the ExecutiveCompany. The Union will discourage any attempt of its members to appeal and will not encourage or cooperate with any of its members in any appeal to any court or labour board from any decision of the Board, nor will the Union or its members by any other means attempt to bring about a settlement of any claim or issue on which the Board is empowered to rule hereunder.

Appeals Procedure. Any disputes arising under this Agreement with regard Applicant whose claim for benefits is denied in whole or in part (such Applicant being hereinafter referred to any determination as the "Claimant") may appeal from such denial to the Board for a review of the Administrator's decision. Such appeal must be made within six months after the Claimant has received written notice of the denial or if no such written notice is received by the Company or the Outside Committee Members under this AgreementClaimant, including but not limited to any dispute with regard to the denial of Severance Benefits to the Executive, may be appealed to the Outside Committee Members by the Executive. The Executive, or any authorized representative within six months of the Executive, may upon written notice to date the Outside Committee Members application is deemed denied as provided above. An appeal must be submitted in writing within sixty such period and must: (60i) days after any such determination or denial request Request a review by the Outside Committee Members Board of the claim under the Plan; (ii) Set forth all of the grounds upon which the Claimant's request for review is based and any such determination or denialfacts in support thereof; and The Board shall review all appeals by Claimants. Such The Board shall act upon each appeal within 60 days after receipt thereof unless special circumstances require an extension of the time for processing, in which case a decision shall be rendered by the Board as soon as possible, but not later than 120 days after the appeal is received by the Board. The Board shall notify the Claimant within the initial 60-day period that an extension is necessary. The Board shall make a full and fair review may be made by of each appeal and any written briefs materials submitted by the Executive and Claimant and/or the Outside Committee Members or at a hearing, or by both, as shall be deemed necessary by the Outside Committee Members. Any hearing shall be held Company in the Corporate Headquarters of the Company, unless the Outside Committee Members shall specify otherwiseconnection therewith. The date and time of any Board may require the Claimant and/or the Company to submit such hearing shall be designated by additional facts, documents or other evidence as the Outside Committee Members upon not less than seven (7) days’ notice to the Executive unless the Executive accepts shorter notice. The Outside Committee Members shall make every effort to schedule the hearing on a day and at a time which is convenient to the Executive. The Outside Committee Members may, Board in their sole discretion, establish such rules of procedure as it may deem its discretion deems necessary or advisable for in making its review. The Claimant shall be given the conduct opportunity to review pertinent documents or materials upon submission of any such review a written request to the Board, provided the Board finds the requested documents or materials are pertinent to the appeal. On the basis of any such hearing. After the review has been completedits review, the Outside Committee Members Board shall render a decision in writing, a copy of which shall be sent to the Executive. In rendering their decision, the Outside Committee Members shall have full power and discretion to interpret this Agreement, to resolve ambiguities, inconsistencies and omissions, to determine any question of fact, to determine the right to Severance Benefits, and the amount of Severance Benefits, if any, payable to, the Executive in accordance with the provisions of this Agreement. Such decision shall set forth the specific reason or reasons for the decision and the specific provisions of this Agreement upon which the decision is based. There shall be no further appeal from a decision rendered by a quorum make an independent determination of the Outside Committee MembersClaimant's eligibility for benefits under the Plan. Any determination made by The decision of the Outside Committee Members as a result of an appeal Board on any claim for benefits shall be final and binding conclusive for all purposes. In the event the Board denies an appeal in all respects upon the Companywhole or in part, the Parent Company Board shall give written notice of the decision to the Claimant, which notice shall set forth in a manner calculated to be understood by the Claimant the specific reasons for such denial and shall make specific reference to the Executivepertinent Plan provisions on which the Board's decision was based.

Appeals Procedure. The Company shall designate one person to serve as its representative for the consideration of appeals by applicants and the union shall designate a representative for the same purpose. The employee designated as the representative of the union shall be paid for time lost from work in attending meetings with the company representative for the consideration of such appeals. Such payments shall be made directly by the Company. Any disputes arising under this Agreement with regard to any determination made person who shall have been determined by the Company not to be entitled to a benefit, who shall have been determined to be entitled to be paid a benefit that is lesser in amount than the amount to which such person believes he/she is entitled, who questions the number of credit units credited to him/her at the time of layoff, who has had more of his/her credit units canceled than he/she believes correct or the Outside Committee Members under who is determined to be I ineligible for a benefit which determination is disputed by him/her, may appeal such determination by presenting an appeal (other than determinations made in connection with Section 1 (b )(11) of Article 1), on a form to be provided for this Agreementpurpose, including but not limited to any dispute with regard either to the denial of Severance Benefits Company representative or to the ExecutiveUnion Representative. In situations where a number of employees had filed applications for benefits under substantially identical conditions, an appeal may be appealed filed with respect to one of such employees and the decision therein shall apply to all such employees. If there is no local union or plant S.U.B. representative at any plant because of a discontinuance of such plant, the appeal may be filed directly with the Board of Appeals. Appeals concerning determinations made in connection with Section 1 (b)( 11) of Article 1 (contrary to intent of Plan) shall be made directly to the Outside Committee Members by Board. Such written appeal must be filed within thirty days following the Executive. The Executive, or any authorized representative date of the Executive, may upon written notice to the Outside Committee Members within sixty (60) days after any of such determination or denial or reduction of such benefit to such person, or within thirty days after the date of mailing of a cheque of such smaller amount by the Trustee to such person. The other party. If either the Company representative or the Union representative shall find that such appeal is justified, he/she shall so notify the other representative and the Company representative and Union representative shall meet within ten days from the date of the appeal (or such extended time as may be agreed upon) to determine the disposition of such appeal. In the event the two parties cannot agree upon the disposition of the appeal, either representative may refer the matter to the Board of Appeals for disposition, on a form provided for that purpose. (1) Within twenty days after disposition of an appeal by the Company and union representatives, the Union representative may request a review ruling by the Outside Committee Members Board of any such determination or denialAppeals. Such review may be made by written briefs submitted by the Executive and the Outside Committee Members or at a hearing, or by both, as request shall be deemed necessary by the Outside Committee Members. Any hearing shall be held in the Corporate Headquarters of the Company, unless the Outside Committee Members shall specify otherwise. The date and time of any such hearing shall be designated by the Outside Committee Members upon not less than seven (7) days’ notice to the Executive unless the Executive accepts shorter notice. The Outside Committee Members shall make every effort to schedule the hearing on a day and at a time which is convenient to the Executive. The Outside Committee Members may, in their sole discretion, establish such rules of procedure as it may deem necessary or advisable for the conduct of any such review or of any such hearing. After the review has been completed, the Outside Committee Members shall render a decision in writing, shall specify the respects in which the Plan is claimed to have been violated and shall set forth the facts relied upon as justifying a reversal or modification of the determination appealed from. A copy of said request will be furnished to the Company representative. The Board of Appeals shall have no jurisdiction to act upon an appeal made after the time specified above or upon an appeal which does not otherwise comply with this subparagraph. Subject to the limitations of subparagraph (2) set forth below, the handling and disposition of such request to the Board of Appeals shall be sent in accordance with the regulations and procedures established by the Board. The Union representative, or the Union members of the Board of Appeals, may withdraw any appeal to the Executive. Board at any time before it is decided by the Board. (2) In rendering their decisionruling upon appeals, the Outside Committee Members Board shall have full power no authority to waive, vary, qualify or alter in any manner the eligibility requirements set forth in the Plan, the procedure for applying for benefits set forth herein or any other provision of the Plan and discretion to interpret this Agreement, to resolve ambiguities, inconsistencies and omissions, shall have no jurisdiction other than to determine any question on the basis of fact, to determine the right to Severance Benefits, facts presented and the amount of Severance Benefits, if any, payable to, the Executive in accordance with the provisions of this Agreement. Such decision shall set forth the specific reason or reasons for Plan: (i) whether the decision first step appeal and the specific provisions appeal to the Board were made within the time and in the manner specified in this Section; (ii) whether the employee is an eligible person with respect to the benefit involved and, if so; (iii) the amount of any benefit payable; (iv) whether the accrual or cancellation of credit units was properly determined; any questions by either the Company or the Union concerning the interpretation or application of this Agreement upon which Plan unless specifically excluded from the decision is based. appeals procedure. (3) There shall be no further appeal from a the decision rendered by a quorum of the Outside Committee MembersBoard of Appeals. Any determination made by the Outside Committee Members as a result of an appeal shall It should be final and binding in all respects upon the CompanyUnion, its members, the Parent Company employee involved, the Trustee and the ExecutiveCompany. The Union will discourage any attempt of its members to appeal and will not encourage or cooperate with any of its members in any appeal to any court or labour board from any decision of the Board, nor will the Union or its members by any other means attempt to bring about a settlement of any claim or issue on which the Board is empowered to rule hereunder.

Appeals Procedure. 1. Any disputes arising Claimant who applies for benefits under this Agreement with regard to any determination made by the Company Plan and is ruled ineligible or the Outside Committee Members under this Agreement, including but not limited to any dispute with regard to the denial of Severance Benefits to the Executive, may be appealed to the Outside Committee Members by the Executive. The Executivequalified for such benefits in whole or in part, or who believes he did not receive the full amount of benefits to which he is entitled, or who is otherwise adversely affected by any authorized representative action of the ExecutiveTrustees acting through the Third Party Administrator, may upon written notice shall have the right to request the Outside Committee Members Board of Trustees to review the matter, provided that he makes such a request in writing within sixty one hundred and eighty (60180) days after any such determination or denial request a review by the Outside Committee Members of any such determination or denial. Such review may be made by written briefs submitted by the Executive and the Outside Committee Members or at a hearingbeing notified, or by both, as shall be deemed necessary by the Outside Committee Members. Any hearing shall be held in the Corporate Headquarters of the Company, unless the Outside Committee Members shall specify otherwise. The date and time of any such hearing shall be designated by the Outside Committee Members upon not less than seven (7) days’ notice to the Executive unless the Executive accepts shorter notice. The Outside Committee Members shall make every effort to schedule the hearing on a day and at a time which is convenient to the Executive. The Outside Committee Members may, in their sole discretion, establish such rules of procedure as it may deem necessary or advisable for the conduct of any such review or of any such hearing. After the review has been completed, the Outside Committee Members shall render a decision in writing, a copy of which such adverse action. Furthermore, upon written request to the Fund Office during such one hundred and eighty (180) day period, the Participant or Beneficiary shall be sent extended an opportunity to review pertinent documents at the Fund Office. 2. A Claimant may appoint a representative (who may be an attorney or service provider) to pursue the appeal. If the Claimant appoints a representative to pursue an appeal, a written statement of authorization signed by the Claimant must be supplied to the ExecutiveFund Office as part of the appeal. In rendering their An appeal submitted without proof of authorization will be considered filed, subject to submission of proof of authorization. The Fund Office will notify the representative that proof of authorization must be submitted within ten working days or by the expiration of the applicable time requirement set forth in this Section, whichever is the later. 3. The written request for review of an adverse action of the Trustees acting through the Third Party Administrator must be addressed to the Board of Trustees in care of the Third Party Administrator and must state: (a) the name and address of the Claimant who is appealing the adverse decision; (b) the fact that the Claimant is appealing from a decision of the Fund Office (giving the date of the decision appealed from); and (c) the basis of the appeal, i.e., the Outside Committee Members shall have full power reason or reasons why the claim should not be denied; and discretion to interpret this Agreement, to resolve ambiguities, inconsistencies and omissions, to determine any question of fact, to determine the right to Severance Benefits, and the amount of Severance Benefits, if any, payable to, the Executive in accordance with (d) the provisions of this Agreementthe Plan on which the appeal is based. 4. Such Unless special circumstances require an extension of time, the Board of Trustees shall issue a written decision affirming, modifying, or setting aside the decision appealed from by the date of their next regularly scheduled meeting following the Fund Office’s receipt of the written appeal or, in cases where the written appeal. In no case will the period for rendering a decision be extended beyond one hundred and eighty (180) days after the filing of the appeal unless the Board of Trustees request that the Fund Office obtain additional information from the Participant, Beneficiary or service provider. The decision by the Board of Trustees on review shall set forth the be in writing and will include specific reason or reasons for the decision and decision, as well as specific references to the specific pertinent Plan provisions of this Agreement upon on which the decision is based. There shall be no further appeal from Such a decision rendered by a quorum of the Outside Committee Members. Any determination made by the Outside Committee Members as a result Board of an appeal Trustees shall be final and binding in all respects upon the Companybinding. For purposes of this section, the Parent Company and term “Board of Trustees” means the ExecutiveBoard of Trustees of the Fund or a duly authorized committee acting on behalf of the Board of Trustees.