Labour Relations Code e. The decision of the arbitrator shall be final and binding.
Dispute resolution and applicable law 1. The Parties shall first attempt to settle amicably any dispute arising out of this Agreement. Any dispute shall be resolved by arbitration, ousting jurisdiction by ordinary courts, by a panel of three arbitrators. Each party to the dispute will nominate one arbitrator. These two arbitrators will then designate a third arbitrator who will also act as chairman. The arbitration decision shall be binding on the parties. The arbitration rules of the CEPANI shall be applicable. The place of any hearing shall be Brussels and the language of the arbitration shall be English. Each Party may at any time request from any competent judicial authority any interim or conservatory measure.
Overtime Procedure Overtime work shall be on a voluntary basis and it is mutually agreed that when overtime work is scheduled by the Company, it shall be distributed in an equalized manner amongst the Employee in the classification usually performing such work. However, the Company recognizes the equity of maintaining minimum differentials in the overtime hours amongst all Employees within a classification. The overtime roster will be maintained by classification and supervisory group within the Department and will be openly displayed in the work area, so that Employees may check their respective standing. Notice of overtime opportunities must be given at least two (2) hours before shift ends for an extended shift, or in the case of weekend work such as Saturday, Sunday or a holiday, the work notice for overtime work must be given by 12:01 p.m. on the Friday prior to the weekend. Overtime will be offered to Employees who are actually at work at the time such request is made. The Employees with the least credited overtime hours in the classification will be offered the overtime opportunity first. Any Employee who changes classification, department or shift shall be credited with the average number of hours in the classification to which he enters. Equalization charts will be re-set to zero each January. Any Employee placed on an overtime roster to hire, recall, reclassification or return from sick leave is to be charged with the average number of hours charged against the Employees in the work area who are in the same classification. Where the overtime opportunity is lost to the classification (ie. A Welder doing Master Painter overtime), the Employee will be entitled to payment as if he had worked the overtime opportunity. If the Employee has been bypassed in the administration of an equal opportunity, arrangements will be made by the Company to offer the equivalent amount of overtime within one (1) week period from the date of complaint, or pay the Employee the amount owed as if he/she had worked the overtime opportunity. The overtime procedure will not apply to Employees who are:
Referral Procedure Section 4.01 In the interest of maintaining an efficient system of production in the Industry, providing for an orderly procedure of referral of applicants for employment, preserving the legitimate interests of the employees in their employment status within the area and of eliminating discrimination in employment because of membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment.
Applicable Law; Dispute Resolution i. This Agreement, and all claims, disputes or disagreements arising out of or connected with this Agreement, its validity or any breach thereof, shall be governed by the laws in effect in the State of Texas (excluding conflicts of laws provisions), and to the extent applicable to maritime issues, the maritime laws of the United States (excluding conflict of laws provisions).
Dispute Resolution by the Appropriate Commission i) Where any Dispute or differences arises in relation to this agreement of any nature whatsoever including the construction, interpretation or implementation of the provisions of this agreement as well as claim made by any Party for any change in or determination of the Tariff or any matter related to Tariff or claims made by any Party which partly or wholly relate to any change in the Tariff or determination of any of such claims could result in change in the Tariff, and relates to any matter agreed to be referred to the Appropriate Commission, shall be submitted to adjudication by the Appropriate Commission. Appeal against the decisions of the Appropriate Commission shall be made only as per the provisions of the Xxxxxxxxxxx Xxx, 0000, as amended from time to time.
Step 3 – Contract Language Disputes (a) If a grievance concerning the interpretation or application of this Agreement, other than a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the grievant or designated representative may appeal the grievance by submitting it to the Office Manager for the Office of the General Counsel of the Department of Management Services, 0000 Xxxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, 00000-0950, or by email to: Xxxx0Xxxxxxxxxx@xxx.xxxxxxxxx.xxx within 15 days following receipt of the decision at Step 2. The grievance shall include a copy of the grievance forms submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. When the grievance is eligible for initiation at Step 3, the grievance shall be filed on the grievance form contained in Appendix B of this Contract, setting forth specifically the facts on which the grievance is based, the specific provision(s) of the Contract allegedly violated, and the relief requested.
Mandatory Mediation Prior to and as a condition of either Party’s filing suit in state or federal court, the Parties shall engage in a mediated settlement conference in accordance with the North Carolina Superior Court Rules Implementing Statewide Mediation. The Parties shall mediate in good faith until settlement is reached or an impasse is declared by the mediator.
Verbal Procedure An employee who believes that he has a grievance shall discuss the matter with his immediate supervisor within five (5) days following the events that caused the grievance. If requested by the employee, his xxxxxxx may be present.
Rules of Grievance Processing 1. Time limits of any stage of the grievance procedure may be extended by written mutual agreement of the parties at that step.
