Competition Appeal Clause Samples

A Competition Appeal clause outlines the process by which parties can challenge or appeal decisions related to competition law issues arising from their agreement. Typically, this clause specifies the forum, procedures, and timelines for lodging an appeal, such as requiring parties to submit disputes to a designated regulatory authority or arbitration panel. Its core practical function is to provide a clear and orderly mechanism for resolving competition-related disputes, thereby ensuring fairness and legal compliance in the event of disagreements over antitrust or competition matters.
Competition Appeal. (a) Where the senior applicant is not selected she shall, upon request, be given written reasons for such decision within 10 workdays. (b) Where a grievance arises in relation to a job posting award, it shall proceed pursuant to the provisions of Article 7. (c) Unsuccessful candidates may schedule a meeting within five workdays of the date of notification to review their interview results with the Department of Human Resources. The results shall include copies of all test scores and other measurements used to determine the candidate's score. The meeting shall be during working hours and shall be convened within 21 days after the request is received. (d) Where a grievance is filed pursuant to Article 7, during the Step 2 meeting, the Employer shall provide the Union with copies of all interview materials, notes, reconciliation forms and recordings utilized or produced during the panel process for the grievor.
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Competition Appeal. (a) Where the senior applicant is not selected she shall, upon request, be given written reasons for such decision within ten (10) workdays. (b) Where a grievance arises in relation to a job posting award, it shall proceed pursuant to the provisions of Article 7. (c) Unsuccessful candidates may schedule a meeting within five (5) workdays of the date of notification to review their interview results with the Department of Human Resources. The meeting shall be during working hours and shall be convened as soon as possible after the request is received. (d) Where a grievance is filed pursuant to Article 7, during the Step 2 meeting, the Employer shall provide the Union with copies of all interview materials, notes, reconciliation forms and recordings utilized or produced during the panel process for the grievor.
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Related to Competition Appeal

  • Arbitration Appeal A. If an employee grievance is not resolved at Step 2, the aggrieved employee or the PBA may, within fifteen (15) calendar days after receipt of the Step 2 response, submit a request for arbitration to the Labor Relations Office. B. In non-disciplinary grievances, either the PBA or the Employer may request to take the issue or grievance directly to arbitration by submitting the request for arbitration to the Labor Relations Office. C. If the parties fail to mutually agree upon an arbitrator within five (5) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested and paid for by the moving party from the Federal Mediation and Conciliation Service (FMCS). Within fifteen (15) calendar days after receipt of the list, the parties shall meet and alternately strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall strike first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list and the above described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Labor Relations Office, which will pay the fee for that particular list. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing, the rules of judicial procedure should be followed as closely as possible.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Attachment Facilities, System Upgrade Facilities, or System Deliverability Upgrades.

  • Review and Appeal 1. Each Party shall ensure that the importers in its territory have access to administrative review within the customs administration that issued the decision subject to review or, where applicable, the higher authority supervising the administration and/or judicial review of the determination taken at the final level of administrative review, in accordance with the Party's domestic law. 2. The decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing. 3. The level of administrative review may include any authority supervising the customs administration of a Party.

  • Dismissal and Suspension (a) The Employer may dismiss or suspend for just cause any employee who has completed their probationary period. Notice of dismissal or suspension will be in writing and will set forth the reasons for dismissal or suspension and an employee will have the right to have a ▇▇▇▇▇▇▇ present, providing that this does not result in an undue delay of the appropriate action being taken. A copy of the written notice of suspension or dismissal will be forwarded to the President of the Union or the designated staff representative within five working days. (b) A suspension of indefinite duration will be considered a dismissal under 11.2(a) above as soon as it exceeds 20 days and any grievance already filed will be considered henceforth as a dismissal grievance.