Common use of Composition and Procedure Clause in Contracts

Composition and Procedure. (i) There shall be established a Board of Administration of the Plan consisting of six (6) members, three (3) of whom shall be appointed by the company (hereinafter referred to as the company members) and three (3) of whom shall be appointed by the union (hereinafter referred to as the union members). Each member of the Board shall have an alternate. In the event a member is absent from a meeting of the Board, his/her alternate may attend, and when in attendance, shall exercise the powers and perform the duties of such member. Either the company or the union at any time may remove a member appointed by it and may appoint a member to fill any vacancy among the members appointed by it. The company and the union each shall notify the other in writing of the members respectively appointed by it before any such appointment shall be effective. (ii) The members of the Board shall appoint an Impartial Chairperson, who shall serve until requested in writing to resign by three (3) members of the Board. In the event that the members of the Board are unable to agree upon such Chairperson, the Umpire under the Collective Agreement shall make the appointment; provided, however, that the company and union members may, by agreement, request such Umpire to serve as the Impartial Chairperson of the Board. The Impartial Chairperson shall be considered a member of the Board, and shall vote only in matters within the Board's authority to determine where the other members of the Board shall have been unable to dispose of a matter by majority vote, except that the Impartial Chairperson shall have no vote concerning determinations made in connection with section 1.01(d)(v). The Chairperson shall not be bound to attend routine meetings of the Board. He/she need only attend special meetings at which the Board will reconsider those matters not disposed of by majority vote (hereinafter called "disputed matters"). (iii) At least two (2) union members and two (2) company members shall be required to be present at any meeting of the Board in order to constitute a quorum for the transaction of business. At all meetings of the Board the company members shall have a total of three (3) votes and the union members shall have a total of three (3) votes, the vote of any absent member being divided equally between the members present appointed by the same party. Decisions of the Board shall be by a majority of the votes cast. (iv) Neither the Board nor any Local S.U.B.P. Committee established pursuant to section 5.02(b) shall maintain any separate office or staff, but the company and the union shall be responsible for furnishing such clerical and other assistance as its respective members of the Board and the Local S.U.B.P. Committees shall require. Copies of all appeals, reports and other documents to be filed with the Board pursuant to the Plan shall be filed in duplicate, one (1) copy to be sent to the company members at the address designated by them and the other to be sent to the union members at the address designated by them.

Composition and Procedure. (i) 1. There shall be established a Board of Administration consisting of three Company appointed representatives and three Union appointed representatives hereinafter referred to respectively as the Company Members and the Union Members. In the event of a deadlock in voting on the Board, an impartial Chairman may be selected by mutual agreement of the Plan consisting of six (6) membersCompany and Union Members. If no agreement can be reached, three (3) of whom the Chairman shall be appointed by the company (hereinafter referred to as Dist. Dir. - USWA at the company members) and three (3) request of whom either the Company or the Union. The impartial Chairman shall be appointed by the union (hereinafter referred to as the union members). Each considered a member of the Board and shall have an alternate. In the event a member is absent from a meeting attend and vote at meetings of the Board, his/her Board only with respect to a matter before the Board under the Plan which the Company and Union Members are unable to dispose of by majority vote. (i) The Company and the Union may appoint an alternate for each Member who may replace the respective Member at any meeting which the Member is unable to attend, and when in attendance, shall exercise the powers and perform the duties of such member. . (ii) Either the company Company or the union Union at any time may remove a member Member or alternate appointed by it and may appoint a member Member or alternate to fill any vacancy among the members Members or alternates appointed by it. The company Both the Company and the union each Union shall notify the each other in writing of the members names of Members or alternates respectively appointed by it them before any such appointment appointments shall be effective. (ii) The members 3. To constitute a quorum for the transaction of the Board shall appoint an Impartial Chairpersonbusiness, who shall serve until requested in writing to resign by three (3) members of the Board. In the event that the members of the Board are unable to agree upon such Chairperson, the Umpire under the Collective Agreement shall make the appointment; provided, however, that the company and union members may, by agreement, request such Umpire to serve as the Impartial Chairperson of the Board. The Impartial Chairperson shall be considered a member of the Board, and shall vote only in matters within the Board's authority to determine where the other members of the Board shall have been unable to dispose of a matter by majority vote, except that the Impartial Chairperson shall have no vote concerning determinations made in connection with section 1.01(d)(v). The Chairperson shall not be bound to attend routine meetings of the Board. He/she need only attend special meetings at which the Board will reconsider those matters not disposed of by majority vote (hereinafter called "disputed matters"). (iii) At least two (2) union members and two (2) company members there shall be required to be present at any meeting of the Board in order to constitute a quorum for the transaction of business. At all meetings of the Board the company members shall have a total of three (3) votes at least two Union Members and the union members shall have a total of three (3) votes, the vote of any absent member being divided equally between the members present appointed by the same partytwo Company Members. Decisions of the Board shall be by a majority of the votes cast. (iv) Neither the 4. The Board nor any Local S.U.B.P. Committee established pursuant to section 5.02(b) shall not maintain any separate office or staff, but the company . The Company and the union Union shall each be responsible for furnishing such clerical and other staff assistance as its respective own representative members of the Board and the Local S.U.B.P. Committees respectively shall require. Copies of all appeals, reports reports, and other documents to be filed with the Board pursuant to the Plan shall be filed in duplicate, one (1) copy to be sent to the company Company members at the address designated by them and the other to be sent to the union members Union Members at the address designated by them.

Composition and Procedure. (i) There a. The management and control of Joint Operations shall be established a Board ensured by an Operating Committee composed of Administration representatives of each Party, and assisted in case of need and in an advisory capacity by experts of their choice. Each Party shall by notice to all Parties appoint one (1) representative and one (1) alternate to serve on the Operating Committee. The Operator’s representative shall be the chairman of the Plan consisting Operating Committee. The alternate appointed by a Party shall act only in the event the representative appointed by such Party is not available. Such representative, or in his absence, his alternate, shall have full power and authority to represent and bind such Party in all matters arising under this Contract, and all acts done by him or his alternate pursuant to the authority hereby conferred shall be deemed to be the acts of the Party which appointed him. Each Party may change its representative and alternate at any time by notifying the other Parties to that effect. b. The Operating Committee shall meet at least once every six (6) members, three (3) of whom months. The meetings shall take place in any location chosen by Operator. c. The agenda shall be appointed established by Operator who has the obligation to include therein all issues raised by the company (hereinafter referred Non-Operators. Any Party may submit a matter for consideration to as the company members) and three (3) of whom shall be appointed by the union (hereinafter referred to as the union members). Each member of the Board shall have an alternate. In the event a member is absent from Operator or request a meeting of the BoardOperating Committee by delivering such request to the Operator. If a meeting is requested, his/her alternate Operator shall promptly give fifteen (15) days written notice to the Operating Committee. The fifteen (15) day notice may attendbe waived with the unanimous consent of all the Parties. The notice shall include the agenda, including any matter duly requested by a Non- Operator, proposed meeting date and venue selected by Operator, and when in attendanceother appropriate information requiring consideration and determination. If an alternative meeting date and/or venue is requested by a Non-Operator, the Parties shall exercise the powers and perform the duties of such memberagree on a date and/or venue satisfactory to all Parties. Either the company or the union at No decision on any time may remove a member appointed by it and may appoint a member to fill any vacancy among the members appointed by it. The company and the union each shall notify the other in writing of the members respectively appointed by it before any such appointment matter shall be effective. (ii) The members of the Board shall appoint an Impartial Chairperson, who shall serve until requested in writing to resign by three (3) members of the Board. In the event that the members of the Board are unable to agree upon such Chairperson, the Umpire under the Collective Agreement shall make the appointment; provided, however, that the company and union members may, by agreement, request such Umpire to serve as the Impartial Chairperson of the Board. The Impartial Chairperson shall be considered a member of the Board, and shall vote only in matters within the Board's authority to determine where the other members of the Board shall have been unable to dispose of a matter by majority vote, except that the Impartial Chairperson shall have no vote concerning determinations made in connection with section 1.01(d)(v). The Chairperson shall not be bound to attend routine meetings of the Board. He/she need only attend special meetings at which the Board will reconsider those matters not disposed of by majority vote (hereinafter called "disputed matters"). (iii) At least two (2) union members and two (2) company members shall be required to be present taken at any meeting of the Board in order to constitute a quorum for Operating Committee unless such matter has been included on the transaction of business. At all meetings proposed agenda or the representatives of the Board Parties unanimously agree that a matter of which no prior notice has been given shall be dealt with at the company members meeting in question. d. The minutes from each meeting of the Operating Committee shall have be drawn up by Operator and provided to the Parties within thirty (30) days after the end of the meeting and approved by them within sixty (60) days after the end of the meeting. e. Any matter arising under this Contract may be submitted to the Operating Committee for consideration and vote without holding a total meeting provided that such matter is submitted in writing to all Parties. In such event each Party shall vote by giving written notice of three its vote to all the Parties within fifteen (315) votes days after its receipt of the proposal, except in cases where the proposal involves drilling operations where a drilling rig intended to be used in such operation is on location or is enroute thereto and in Operator’s opinion an immediate decision is required, in which case, a vote must be cast by telex or personal delivery within forty-eight (48) hours after receipt of the union members proposal. Any failure to reply within the two (2) times specified above shall have be considered a total positive vote. Any matter submitted which receives the affirmative vote provided for in this Article shall be deemed the decision of three (3) votes, the Parties and shall be binding on the Parties in the same manner as if the vote were cast at a meeting. The Operator shall keep a written record of any absent member being divided equally between each such matter submitted and shall promptly notify the members present appointed by the same party. Decisions Parties of the Board shall be by a majority result of each vote upon the votes castmatter when such result is known. (iv) Neither the Board nor any Local S.U.B.P. Committee established pursuant to section 5.02(b) shall maintain any separate office or staff, but the company and the union shall be responsible for furnishing such clerical and other assistance as its respective members of the Board and the Local S.U.B.P. Committees shall require. Copies of all appeals, reports and other documents to be filed with the Board pursuant to the Plan shall be filed in duplicate, one (1) copy to be sent to the company members at the address designated by them and the other to be sent to the union members at the address designated by them.

Composition and Procedure. (i1) There shall be established a Board of Administration of the Plan consisting of six (6) 6 members, three (3) 3 of whom shall be appointed by the company Company (hereinafter referred to as the company Company members) and three (3) 3 of whom shall be appointed by the union Union (hereinafter referred to as the union Union members). Each member of the Board shall have an alternate. In the event a member is absent from a meeting of the Board, his/her the member’s alternate may attend, and and, when in attendance, shall exercise the powers and perform the duties of such member. Either the company Company or the union Union at any time may remove a member appointed by it and may appoint a member to fill any vacancy among the members appointed by it. The company Company and the union Union each shall notify the other in writing of the members respectively appointed by it before any such appointment shall be effective. (ii2) The members of the Board shall appoint an Impartial ChairpersonChairman, who shall serve until requested in writing to resign by three (3) 3 members of the Board. In the event that If the members of the Board are unable to agree upon such Chairpersona Chairman, the Umpire under the Collective Bargaining Agreement shall make the appointment; provided, however, that the company Company and union the Union members may, by agreement, request such Umpire to serve as the Impartial Chairperson Chairman of the Board. The Impartial Chairperson Chairman shall be considered a member of the Board, Board and shall vote only in matters within the Board's ’s authority to determine where which the other members of the Board shall have been unable to dispose of a matter by majority vote, except that the Impartial Chairperson Chairman shall have no vote concerning determinations made in connection with section 1.01(d)(vSection 1(b)(11) of Article I (contrary to intent of Plan). The Chairperson shall not be bound to attend routine meetings of the Board. He/she need only attend special meetings at which the Board will reconsider those matters not disposed of by majority vote (hereinafter called "disputed matters"). (iii3) At least two (2) union 2 Union members and two (2) company 2 Company members shall be required to be present at any meeting of the Board in order to constitute a quorum for the transaction of business. At all meetings of the Board the company Company members shall have a total of three (3) 3 votes and the union Union members shall have a total of three (3) 3 votes, the vote of any absent member being divided equally between the members present appointed by the same party. Decisions of the Board shall be by a majority of the votes cast. (iv) Neither the Board nor any Local S.U.B.P. Committee established pursuant to section 5.02(b) shall maintain any separate office or staff, but the company and the union shall be responsible for furnishing such clerical and other assistance as its respective members of the Board and the Local S.U.B.P. Committees shall require. Copies of all appeals, reports and other documents to be filed with the Board pursuant to the Plan shall be filed in duplicate, one (1) copy to be sent to the company members at the address designated by them and the other to be sent to the union members at the address designated by them.

Composition and Procedure. (i) 1. There shall be established a Board of Administration consisting of three Company appointed representatives and three Union appointed representatives hereinafter referred to respectively as the Company Members and the Union Members. In the event of a deadlock in voting on the Board, an impartial Chairman may be selected by mutual agreement of the Plan consisting of six (6) membersCompany and Union Members. If no agreement can be reached, three (3) of whom the Chairman shall be appointed by the company (hereinafter referred to as Dist. Dir. - USWA at the company members) and three (3) request of whom either the Company or the Union. The impartial Chairman shall be appointed by the union (hereinafter referred to as the union members). Each considered a member of the Board and shall have an alternate. In the event a member is absent from a meeting attend and vote at meetings of the Board, his/her Board only with respect to a matter before the Board under the Plan which the Company and Union Members are unable to dispose of by majority vote. (i) The Company and the Union may appoint an alternate for each Member who may replace the respective Member at any meeting which the Member is unable to attend, and when in attendance, shall exercise the powers and perform the duties of such member. . (ii) Either the company Company or the union Union at any time may remove a member Member or alternate appointed by it and may appoint a member Member or alternate to fill any vacancy among the members Members or alternates appointed by it. The company Both the Company and the union each Union shall notify the each other in writing of the members names of Members or alternates respectively appointed by it them before any such appointment appointments shall be effective. (ii) The members 3. To constitute a quorum for the transaction of the Board shall appoint an Impartial Chairpersonbusiness, who shall serve until requested in writing to resign by three (3) members of the Board. In the event that the members of the Board are unable to agree upon such Chairperson, the Umpire under the Collective Agreement shall make the appointment; provided, however, that the company and union members may, by agreement, request such Umpire to serve as the Impartial Chairperson of the Board. The Impartial Chairperson shall be considered a member of the Board, and shall vote only in matters within the Board's authority to determine where the other members of the Board shall have been unable to dispose of a matter by majority vote, except that the Impartial Chairperson shall have no vote concerning determinations made in connection with section 1.01(d)(v). The Chairperson shall not be bound to attend routine meetings of the Board. He/she need only attend special meetings at which the Board will reconsider those matters not disposed of by majority vote (hereinafter called "disputed matters"). (iii) At least two (2) union members and two (2) company members there shall be required to be present at any meeting of the Board in order to constitute a quorum for the transaction of business. At all meetings of the Board the company members shall have a total of three (3) votes at least two Union Members and the union members shall have a total of three (3) votes, the vote of any absent member being divided equally between the members present appointed by the same partytwo Company Members. Decisions of the Board shall be by a majority of the votes cast. (iv) Neither the . 4. The Board nor any Local S.U.B.P. Committee established pursuant to section 5.02(b) shall not maintain any separate office or staff, but the company . The Company and the union Union shall each be responsible for furnishing such clerical and other staff assistance as its respective own representative members of the Board and the Local S.U.B.P. Committees respectively shall require. Copies of all appeals, reports reports, and other documents to be filed with the Board pursuant to the Plan shall be filed in duplicate, one (1) copy to be sent to the company Company members at the address designated by them and the other to be sent to the union members Union Members at the address designated by them.

Composition and Procedure. (i1) There shall be established a Board of Administration of the Plan consisting of six (6) members, three (3) of whom shall be appointed by the company Company (hereinafter referred to as the company Company members) and three (3) of whom shall be appointed by the union Union (hereinafter referred to as the union Union members). Each member of the Board shall have an alternatealternate appointed in the same way. In the event a member is absent from a meeting of the Board, his/her such member’s alternate may attend, and and, when in attendance, shall exercise the powers and perform the duties of such member. Either the company Company or the union Union at any time may remove a member appointed by it and may appoint a member to fill any vacancy among the members appointed by it. The company Company and the union Union each shall notify the other in writing of the members and alternates respectively appointed by it before any such appointment shall be effective. (ii2) The members of the Board shall appoint an Impartial Chairperson, who shall serve until requested in writing to resign by three (3) members of the Board. In the event that the members of the Board are unable to agree upon such Chairperson, the Umpire under the Collective Bargaining Agreement shall make the appointment; provided, however, that the company Company and union Union members may, by agreement, request such Umpire to serve as the Impartial Chairperson of the Board. The Impartial Chairperson shall be considered a member of the Board, and shall vote only in matters within the Board's ’s authority to determine where the other members of the Board shall have been unable to dispose of a matter by majority vote, except that the Impartial Chairperson shall have no vote concerning determinations made in connection with section 1.01(d)(v). The Chairperson shall not be bound to attend routine meetings Section 1(b)(xii) of the Board. He/she need only attend special meetings at which the Board will reconsider those matters not disposed of by majority vote (hereinafter called "disputed matters").Article I. (iii3) At least two (2) union Union members and two (2) company Company members shall be required to be present at any meeting of the Board in order to constitute a quorum for the transaction of business. At all meetings of the Board the company Company members shall have a total of three (3) votes and the union Union members shall have a total of three (3) votes, the vote of any absent member being divided equally between the members present appointed by the same party. Decisions of the Board shall be by a majority of the votes cast. (iv4) Neither the Board nor any Local S.U.B.P. Committee established pursuant to section 5.02(bSubsection (b) of this Section shall maintain any separate office or staff, but the company Company and the union Union shall be responsible for furnishing such clerical and other assistance as its respective members of the Board and the Local S.U.B.P. Committees shall require. Copies of all appeals, reports and other documents to be filed with the Board pursuant to the Plan shall be filed in duplicate, one (1) copy to be sent to the company Company members at the address designated by them and the other to be sent to the union Union members at the address designated by them.

Composition and Procedure. (i) There shall be established a Board of Administration consisting of three Company appointed representatives and three Union appointed representatives hereinafter referred to respectively as the Company Members and the Union Members. In the event of a deadlock in voting on the Board, an impartial Chairman may be selected by mutual agreement of the Plan consisting of six (6) membersCompany and Union Members. If no agreement can be reached, three (3) of whom the Chairman shall be appointed by the company (hereinafter referred to as at the company members) and three (3) request of whom either the Company or the Union. The impartial Chairman shall be appointed by the union (hereinafter referred to as the union members). Each considered a member of the Board and shall have an alternate. In the event a member is absent from a meeting attend and vote at meetings of the Board, his/her Board only with respect to a matter before the Board under the Plan which the Company and Union Members are unable to dispose of by majority vote. The Company and the Union may appoint an alternate for each Member who may replace the respective Member at any meeting which the Member is unable to attend, and when in attendance, shall exercise the powers and perform the duties of such member. Either the company Company or the union Union at any time may remove a member Member or alternate appointed by it and may appoint a member Member or alternate to fill any vacancy among the members Members or alternates appointed by it. The company Both the Company and the union Union shall each shall notify the other in writing of the members names of Members or alternates respectively appointed by it them before any such appointment appointments shall be effective. (ii) The members . To constitute a quorum for the transaction of the Board shall appoint an Impartial Chairpersonbusiness, who shall serve until requested in writing to resign by three (3) members of the Board. In the event that the members of the Board are unable to agree upon such Chairperson, the Umpire under the Collective Agreement shall make the appointment; provided, however, that the company and union members may, by agreement, request such Umpire to serve as the Impartial Chairperson of the Board. The Impartial Chairperson shall be considered a member of the Board, and shall vote only in matters within the Board's authority to determine where the other members of the Board shall have been unable to dispose of a matter by majority vote, except that the Impartial Chairperson shall have no vote concerning determinations made in connection with section 1.01(d)(v). The Chairperson shall not be bound to attend routine meetings of the Board. He/she need only attend special meetings at which the Board will reconsider those matters not disposed of by majority vote (hereinafter called "disputed matters"). (iii) At least two (2) union members and two (2) company members there shall be required to be present at any meeting of the Board in order to constitute a quorum for the transaction of business. At all meetings of the Board the company members shall have a total of three (3) votes at least two Union Members and the union members shall have a total of three (3) votes, the vote of any absent member being divided equally between the members present appointed by the same partytwo Company Members. Decisions of the Board shall be by a majority of the votes cast. (iv) Neither the . The Board nor any Local S.U.B.P. Committee established pursuant to section 5.02(b) shall not maintain any separate office or staff, but the company staff The Company and the union Union shall each be responsible for furnishing such clerical and other staff assistance as its respective own representative members of the Board and the Local S.U.B.P. Committees respectively shall require. Copies of all appeals, reports reports, and other documents to be filed with the Board pursuant to the Plan shall be filed in duplicate, one (1) copy to be sent to the company Company members at the address designated by them and the other to be sent to the union members Union Members at the address designated by them. Powers and Authority of the Board: The Board shall be empowered and authorized and shall have jurisdiction, to hear and determine appeals pursuant to this Article; to prescribe the form and content of appeals to the Board established pursuant to Section of this Article and such detailed procedure as may be necessary with respect to the filing of such appeals; to require the Company to authorize the Trustee to make payment of Benefits pursuant to determinations made by the Board; to require the Company to authorize the Trustee to make payment of expenses of the Board which under the terms of the Plan are to paid from the Fund; to perform such other duties as are expressly conferred upon it by the Plan Nothing in this Article shall be deemed to give the Board the power, to prescribe in any manner internal procedures or operations of either the Company or the Union nor to add to, subtract from, or modify the provisions of this Plan. All majority decisions of the Board shall be final and binding on employees, the Union, and the Company.