Classification Appeal Tribunal Clause Samples
The Classification Appeal Tribunal clause establishes a formal process for reviewing and resolving disputes related to the classification of goods, services, or information under an agreement. Typically, this clause outlines the composition of the tribunal, the procedures for submitting an appeal, and the timeline for decisions. For example, if a party disagrees with how a product is categorized for regulatory or contractual purposes, they can bring the issue before the tribunal for an impartial review. The core function of this clause is to provide a structured and fair mechanism for resolving classification disagreements, thereby reducing uncertainty and potential conflict between parties.
Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make final and binding decisions on a dispute concerning the classification of the position a Nurse occupies.
(b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Employer, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties. If the parties fail to appoint a member or if the parties fail to agree upon the chairperson within thirty (30) days, the chairperson shall be appointed by the Department of Labour and Advanced Education.
(c) The Tribunal shall, within thirty (30) days of the receipt of an appeal, review the appeal and may hold a hearing on the appeal. If either party to the Agreement requests a hearing, such hearing shall take place in accordance with the procedure set out in this Article.
(d) The Tribunal shall decide the issue of the proper classification for the position in question based on the existing classification systems.
(e) The Tribunal may determine its own procedure and shall have the power to issue such orders, notices, directives, declarations as it considers necessary, and such other powers conferred upon an arbitrator under the provisions of the Arbitration Act.
(f) The Tribunal shall not:
(1) alter any position descriptions and/or classification standards determined by the Employer;
(2) entertain an appeal based solely on the grounds of the inadequacy of the pay rates negotiated for the classification assigned to the position occupied by the appellant Nurse;
(3) entertain an appeal in respect to a position that has been considered by it within the previous twelve (12) months.
(g) A decision of the majority shall be the decision of the Tribunal. Where there is no majority decision, the decision of the chairperson shall be the decision of the Tribunal.
(h) The Tribunal shall render its decision on a dispute under this Article within sixty (60) days of the matter being submitted to it, or at such later time as may be mutually agreed by the parties.
(i) The Tribunal shall communicate its decision and reasons therefore in respect to the appeal in writing to the Nurse, the Employer and the Union.
(j) The decision of the Tribunal is final and binding on all parties and no Nurse shall have grievance rights in respect of a decision of the Tribunal.
(k) The Employer and the Union shall each pay the cost ...
Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make a final and binding decision on a dispute concerning the classification of the position an employee occupies.
(b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Public Service Commission, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties. If the parties fail to agree upon the chairperson within thirty (30) business days of the signing of this Agreement, or within thirty (30) days of a vacancy in the position of chairperson, the chairperson shall be appointed by the Civil Service Employee Relations Board.
(c) The members of the Tribunal shall be appointed for a term of office not exceeding five
Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make final and binding decision on a dispute concerning the classification of the position an employee occupies.
(b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Public Service Commission, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties. If the parties fail to agree upon the chairperson within thirty (30) business days of the signing of this Agreement, or within thirty (30) days of a vacancy in the position of chairperson, the chairperson shall be appointed by the Civil Service Employee Relations Board.
(c) The members of the Tribunal shall be appointed for a term of office not exceeding five (5) years. Upon expiration of a member's term of office he/she may be re-appointed for a term not exceeding five (5) years. The re- appointment of a member or the appointment of his/her successor shall be in accordance with the provisions set out in 41.03(b) above.
(d) Notwithstanding the provisions of 41.03(c), the chairperson of the Tribunal shall be replaced at the request of either party and any other member of the Tribunal shall be replaced at the request of the party nominating that member. Such replacement shall be made in accordance with the provisions of 41.03(b).
(e) The members of the Tribunal shall be paid remuneration as may be fixed by the Governor-in-Council, and actual and reasonable expenses as may be incurred by them in the discharge of their duties.
(f) The Tribunal shall, within thirty (30) business days of the receipt of an appeal, review the appeal and may hold a hearing on the appeal. If either party to the Agreement requests a hearing, such hearing shall take place in accordance with the procedure set out in this Article.
(g) The Tribunal shall decide the issue of the proper classification for the position in question based on the existing classification system.
Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make final and binding decision on a dispute concerning the classification of the position an employee occupies.
(b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Employer, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties.
(c) The members of the Tribunal shall be appointed for a term of office not exceeding five (5) years. Upon expiration of a member's term of office he/she may be re-appointed for a term not exceeding five (5) years. The re-appointment of a member or the appointment of his/her successor shall be in accordance with the provisions set out in 40.03(b) above.
Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make a final and binding decision on a dispute concerning the classification of the position an employee occupies.
(b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Public Service Commission, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties. If the parties fail to agree upon the chairperson within thirty (30) business days of the signing of this Agreement, or within thirty (30) days of a vacancy in the position of chairperson, the chairperson shall be appointed by the Civil Service Employee Relations Board.
(c) The members of the Tribunal shall be appointed for a term of office not exceeding five (5) years. Upon expiration of a member’s term of office he/she may be re-appointed for a term not exceeding five
Classification Appeal Tribunal. (i) The Tribunal shall not:
(1) alter any position descriptions and/or classification standards determined by the Employer;
(2) entertain an appeal based solely on the grounds of the inadequacy of the pay rates negotiated for the classification assigned to the position occupied by the appellant employee
(3) entertain an appeal in respect to a position that has been considered by it within the previous twelve (12) months except where the appellant or union can demonstrate in writing that there has been a substantial change in the duties, responsibilities or requirements of that position to a point where it no longer fits in the existing classification. In which case, the matter is considered a new appeal.
Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make final and binding decision on a dispute concerning the classification of the position an employee occupies.
(b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Public Service Commission, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties. If the parties fail to agree upon the chairperson within thirty (30) days of the signing of this Agreement, or within thirty (30) days of a vacancy in the position of chairperson, the chairperson shall be appointed by the Civil Service Employee Relations Board.
(c) The members of the Tribunal shall be appointed for a term of office not exceeding five (5) years. Upon expiration of a member's term of office he/she may be re- appointed for a term not exceeding five (5) years. The re-appointment of a member or the appointment of his/her successor shall be in accordance with the provisions set out in 40.03(b) above.
(d) Notwithstanding the provisions of 40.03(c), the chairperson of the Tribunal shall be replaced at the request of either party and any other member of the Tribunal shall be replaced at the request of the party nominating that member. Such replacement shall be made in accordance with the provisions of 40.03(b).