ARBITRATION 16 Sample Clauses

ARBITRATION 16. 9.1 Notification 16 9.2 Assignment of a Single Arbitrator 17 9.3 Three-Person Arbitration Board 17 9.4 Board Procedure 17 9.5 Decision of Board 17 9.6 Disagreement on Decision 17 9.7 Expenses of Arbitration Board 17 9.8 Amending Time Limits 18 9.9 Expedited Arbitration 18
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ARBITRATION 16. 01 When a difference arises between the Parties relating to the interpretation, application or alleged violation of this Agreement, including a question as to whether a matter is arbitrable, either Party may, provided they have exhausted the required grievance procedure established under this Agreement, notify the other Party in writing of its desire to submit the difference or allegation to arbitration.
ARBITRATION 16. 11.1 Notification 16 11.2 Appointment of the Arbitrator 16 11.3 Failure to Appoint 16 11.4 Procedure 17 11.5 Decision of Arbitration 17 11.6 Expenses of Arbitrator 17 11.7 Amending Time Limits 17 11.8 Investigator 17 11.9 Implementation of Investigator's Recommendations 17 11.10 Expedited Arbitration 17 ARTICLE 12 - SENIORITY 18 12.1 Seniority Defined 18 12.2 Seniority List 18 12.3 Loss of Seniority 18 12.4 Re-Employment 19 12.5 Seniority on Demotion 19 ARTICLE 13 - LAYOFF, RECALL AND SEVERANCE 19 13.1 Pre-Layoff Canvass 19 13.2 Layoffs May Occur 19 13.3 No Stacking of Entitlements 19 13.4 Layoff 20 13.5 Bumping Procedure 20 13.6 Advance Notice 20 13.7 Recall Rights and Procedure 21 13.8 Recall from Layoff Without Posting 21 (ii) 13.9 Notice of Recall 21 13.10 Continuation of Benefits 21 13.11 Severance Pay 22 ARTICLE 14 - HOURS OF WORK 22 14.1 Standard Workweek 22 14.2 Standard Shift 22 14.3 Meal Periods 22 14.4 Scheduling of Hours 23 14.5 Clean-up Time 23 14.6 Rest Periods 23 14.7 Changes in Hours of Work - Work Schedules 23 14.8 Hours Free from Work 23 14.9 Split Shifts 23 ARTICLE 15 - OVERTIME 24 15.1 Definitions 24 15.2 Advance Approval 24 15.3 Overtime Entitlement 24 15.4 Overtime Compensation 24 15.5 Overtime Meal Allowance 24 15.6 No Layoff to Compensate for Overtime 25 15.7 Right to Refuse Overtime 25 15.8 Overtime for Part-Time, Casual Employees 25 15.9 Callout Provisions 25 15.10 Rest Interval 25 ARTICLE 16 - PAID HOLIDAYS 26
ARBITRATION 16. 1 The parties agree that any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Malaysia in accordance with the UNCITRAL Rules which are deemed to be incorporated by reference into this clause. 16.2 The arbitral tribunal shall consist of three (3) arbitrators, one to be appointed by each of the parties. 16.3 The language of the arbitration shall be English. 16.4
ARBITRATION 16. 1. The following provisions shall apply in the event of a dispute: 16.1.1. any dispute or difference of any kind whatsoever arising between the parties hereto out of or in connection with this Deed shall be referred to arbitration before a single arbitrator; 16.1.2. the parties shall jointly appoint the arbitrator not later than 28 (twenty eight) days after service of a request in writing by either party to do so and each party shall bear its own costs; 16.1.3. if the parties are unable to agree within 28 (twenty eight) days the appointment of such arbitrator then such arbitrator (hereinafter referred to as “the Tribunal”) shall be appointed on the application of either party to the President for the time being of the Law Society. 16.2. In the event of a reference to arbitration the parties agree: 16.2.1. to prosecute any such reference expeditiously; and 16.2.2. to do all things or take all steps reasonably necessary in order to enable the Tribunal to deliver any award (interim, final or otherwise) as soon as reasonably practicable; 16.2.3. that the award shall be in writing signed by the Tribunal and shall be finalised within 21 (twenty one) days from the date of such award; 16.2.4. the award shall be final and binding both on the parties and on any persons claiming through or under them. THE COMMON SEAL of THE LORD ) MAYOR AND CITIZENS OF THE CITY ) OF WESTMINSTER was hereunto ) affixed by Order ) Director of Legal and Democratic Services EXECUTED as a DEED by THE NEW WEST ) END COMPANY LIMITED by two Directors or ) ………………………………………………………. a Director and Company Secretary ) Director ……………………………………………….……… Director/Company Secretary SCHEDULE 1: THE BID AREA MAP SCHEDULE 2: THE BID LEVY RULES BID LEVY RULES INTRODUCTION The following rules must be read in conjunction with the Regulations. Where the rules conflict with the Regulations the Regulations prevail.
ARBITRATION 16. 9.1 Notification 16
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Related to ARBITRATION 16

  • Arbitration Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the English language and will occur in Los Angeles County, California. Any arbitration will be in front of a single arbitrator, unless (i) ICANN is seeking punitive or exemplary damages, or operational sanctions, (ii) the parties agree in writing to a greater number of arbitrators, or (iii) the dispute arises under Section 7.6 or 7.7. In the case of clauses (i), (ii) or (iii) in the preceding sentence, the arbitration will be in front of three arbitrators with each party selecting one arbitrator and the two selected arbitrators selecting the third arbitrator. In order to expedite the arbitration and limit its cost, the arbitrator(s) shall establish page limits for the parties’ filings in conjunction with the arbitration, and should the arbitrator(s) determine that a hearing is necessary, the hearing shall be limited to one (1) calendar day, provided that in any arbitration in which ICANN is seeking punitive or exemplary damages, or operational sanctions, the hearing may be extended for one (1) additional calendar day if agreed upon by the parties or ordered by the arbitrator(s) based on the arbitrator(s) independent determination or the reasonable request of one of the parties thereto. The prevailing party in the arbitration will have the right to recover its costs and reasonable attorneys’ fees, which the arbitrator(s) shall include in the awards. In the event the arbitrators determine that Registry Operator has been repeatedly and willfully in fundamental and material breach of its obligations set forth in Article 2, Article 6 or Section 5.4 of this Agreement, ICANN may request the arbitrators award punitive or exemplary damages, or operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations). Each party shall treat information received from the other party pursuant to the arbitration that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. In any litigation involving ICANN concerning this Agreement, jurisdiction and exclusive venue for such litigation will be in a court located in Los Angeles County, California; however, the parties will also have the right to enforce a judgment of such a court in any court of competent jurisdiction.

  • Step Four - Arbitration In the event that the grievance is not satisfactorily adjusted at Step Three, arbitration may be requested. In order to proceed to arbitration, the Association representative must submit a request in writing within fifteen (15) days of receipt of the decision in Step Three. Within ten (10) days of the receipt of the request for arbitration the parties shall immediately attempt to select a mutually acceptable arbitrator from a list of seven (7) names, with experience in public education, requested from the State of California Mediation and Conciliation Services. If the parties are unable to agree upon an arbitrator within ten (10) days of receiving the list of arbitrators, the parties will alternately strike names until one name is left. The conduct of the arbitration shall be governed by the voluntary labor arbitration rules of the State of California Mediation and Conciliation Service. Both parties agree that, subject to the provisions of the Code of Civil Procedures of the State of California, the arbitration award resulting from this procedure shall be final and binding on all parties.

  • NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

  • Arbitration Procedure 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

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