Common use of CONTRACTORS AND SUB-CONTRACTORS Clause in Contracts

CONTRACTORS AND SUB-CONTRACTORS. (a) As of the date of the signing of the Memorandum of Agreement the Industry agrees that as of the 5th day of December, 1986, the introduction of a Contractor or Sub-contractor into an operation will not result in the loss of full-time positions held by regular employees in the operation, except where justified by special circumstances. (b) In the case of a grievance arising under this Article, which the Parties are unable to settle between themselves the matter shall be determined as described below. (c) Either party may request a hearing before the umpire with respect to the interpretation, application, operation or alleged violation of clause (a) herein. If the parties are unable to agree on the selection of the umpire, the parties will request the Chief Justice of British Columbia to appoint the umpire, for the term of the Collective Agreement. (d) The parties will attempt to develop an agreed Statement of Fact for submission to the Umpire. In the event that the parties cannot agree on all of the facts, each party shall submit a full statement of all facts upon which they rely to the Umpire. In addition, each side will develop written submissions outlining their respective position and argument on the dispute for the consideration of the Umpire. Both the Statement(s) of Fact and the written submissions of the parties will be provided to the Umpire no later than fourteen (14) days prior to the hearing date and the written submissions of the parties will be exchanged at that same time. (e) The dispute shall be determined on an expedited basis. The decisions of the umpire will be made in writing and all decisions will be final and binding upon the parties.

CONTRACTORS AND SUB-CONTRACTORS. (a) As of the date of the signing of the Memorandum of Agreement the Industry agrees that as of the 5th day of December, 1986, the introduction of a Contractor or Sub-contractor into an operation will not result in the loss of full-time positions held by regular employees in the operation, except where justified by special circumstances. (b) In the case of a grievance arising under this Article, which the Parties are unable to settle between themselves the matter shall be determined as described below. (c) Either party may request a hearing before the umpire with respect to the interpretation, application, operation or alleged violation of clause (a) herein. If the parties are unable to agree on the selection of the umpire, the parties will request the Chief Justice of British Columbia to appoint the umpire, for the term of the Collective Agreement. (d) The parties will attempt to develop an agreed Statement of Fact for submission to the Umpire. In the event that the parties cannot agree on all of the facts, each party shall submit a full statement of all facts upon which they rely to the Umpire. In addition, each side will develop written submissions outlining their respective position and argument on the dispute for the consideration of the Umpire. Both the Statement(s) of Fact and the written submissions of the parties will be provided to the Umpire no later than fourteen (14) days prior to the hearing date and the written submissions of the parties will be exchanged at that same time. (e) The dispute shall be determined on an expedited basis. The decisions of the umpire will be made in writing and all decisions will be final and binding upon the parties.fourteen

CONTRACTORS AND SUB-CONTRACTORS. (a) As of the date of the signing of the Memorandum of Agreement the Industry agrees that as of the 5th day of December, 1986, the introduction of a Contractor or Sub-contractor into an operation will not result in the loss of full-time positions held by regular employees in the operation, except where justified by special circumstances. (b) In the case of a grievance arising under this Article, which the Parties are unable to settle between themselves the matter shall be determined as described below. (c) Either party may request a hearing before the umpire with respect to the interpretation, application, operation or alleged violation of clause (a) herein. If the parties are unable to agree on the selection of the umpire, the parties will request the Chief Justice of British Columbia to appoint the umpire, for the term of the Collective Agreement.. It is agreed that Umpires will be appointed by the Parties. The Parties must mutually agree to the Umpires selected from the following list: (d) The parties will attempt to develop an agreed Statement of Fact for submission to the Umpire. In the event that the parties cannot agree on all of the facts, each party shall submit a full statement of all facts upon which they rely to the Umpire. In addition, each side will develop written submissions outlining their respective position and argument on the dispute for the consideration of the Umpire. Both the Statement(s) of Fact and the written submissions of the parties will be provided to the Umpire no later than fourteen (14) days prior to the hearing date and the written submissions of the parties will be exchanged at that same time. (e) The dispute shall be determined on an expedited basis. The decisions of the umpire will be made in writing and all decisions will be final and binding upon the parties.