Deadlock Procedures. When a dispute is properly submitted to the Board for hearings before the two (2) Company and the two (2) Union Board Members, or their alternates, and the Board is unable by majority vote to decide the dispute, the Board shall declare itself deadlocked and it shall select an arbitrator as provided herein. The arbitrator shall join the Board as a Board Member and as Chairman in subsequent consideration and hearing of the dispute. The Board, so composed, shall be competent to decide said dispute by majority vote. Decisions of the Board so composed shall be final and binding on the parties.
Deadlock Procedures. When a dispute is properly submitted to the Board for hearings before the two (2) Company and two (2) Union Board Members or their alternates, and the Board is unable by majority vote to decide the dispute, the Board shall declare itself deadlocked and the Company and the Union shall select an arbitrator as provided here- in. The arbitrator shall join the Board as a Board Member and as Chairman in subsequent and hearing of the dispute if three or more members so desire. The Board, so composed or with only the neu- tral arbitrator shall be competent to decide said dispute by majority vote. Decisions of the Board so composed shall be final and bind- ing on the parties. The Board may agree by vote of two or more to have the arbitrator hear the case without the Board present.
Deadlock Procedures. In the event that the Board of Directors is unable to approve a new Business Plan for the Company or the Board of Directors is deadlocked, either Party may declare a deadlock by notice to the other. Such notice shall not be delivered until after the Board of Directors has had a discussion regarding the issue. Upon declaration of a deadlock, the matter shall be referred to a designated officer of Emeritus (initially Xxxxx Xxxxx) and a designated officer of Sanyo (initially Xxxxxxxx Xxxxxx) (the "Responsible Officers") who shall meet personally within 45 days of receipt of notice of such deadlock. If the Responsible Officers are unable to resolve the deadlock issues within 30 days of their meeting, the provisions of Section 8.2 below shall be implemented.
Deadlock Procedures. When a deadlock occurs at the System Board for any reason, the board, by written notice shall notify the Union and the Employer of such deadlock within ten (10) business days. Deadlock cases pertaining to discharges will be referred to an arbitra- tor under this article. Deadlocked cases arising out of language inter- pretations shall be referred to a deadlock panel. The deadlock panel shall be comprised of the company system board chairperson and an Agent of Local 769. If the parties are unable to reach a resolution the language case shall be submmited to arbitration as provided herein. It is understood by the parties that all deadlock cases excluding lan- guage contractual interruption cases may be advanced to the FMCS arbitration provided herein. The deadlock panel will notify in writing the parties of its decision within ten (10) business days of the hearing. After receiving the written decision from the system board or dead- lock panel, the union or the company shall have ten (10) business days to notify the other party if they intend to pursue the grievance through the arbitration process. If the party does not notify the oth- er party within this ten (10) business day period, the grievance will be considered withdrawn.
Deadlock Procedures. (A) When a dispute is properly submitted to the Board for hearing before the two (2) Company and two (2) Union Board Members, or their alternates, and the Board is unable, by majority vote, to decide the dispute, the Board shall declare itself deadlocked and the dispute may be submitted to the Board of Arbitration by the Union within twenty (20) calendar days from the close of the Board Hearing by written notice to the company with copies to the Chairman.
(B) If the Union fails to serve such notice within twenty (20) calendar days, the Board of Arbitration shall have no jurisdiction. In such case, the controversy shall be considered withdrawn and no action thereon shall be taken thereafter by any party.
(C) It is understood and agreed that each and every Board Member shall be free to discharge his duty in an independent and uncoerced manner without fear that his individual relations with the Company, with the Crewmembers, or with the Union will be affected in any manner by any action taken by him in good faith in his capacity as a Board Member.
(D) If new evidence becomes available to the Company or the Union prior to the scheduled date of Arbitration, the evidence shall be provided to the System Board for consideration. If the Board determines that the evidence justifies a "New Hearing"
Deadlock Procedures. When a deadlock occurs at the System Board for any reason, the board, by written notice shall notify the Union and the Employer of such deadlock within ten (10) business days. Deadlock cases pertaining to discharges will be referred to an arbi- trator under this article. Deadlocked cases arising out of language interpretations shall be referred to a deadlock panel. The deadlock panel shall be comprised of the company system board chairperson and an Agent of Local 769. If the parties are unable to reach a res- olution, or if the deadlocked language case is not heard at the dead- lock panel within sixity (60) days of the System Board decision, the language case may be submitted to arbitration as provided herein unless the parties mutually agree to an extension. It is understood by the parties that all deadlock cases excluding language contractu- al interruption cases may be advanced to the FMCS arbitration pro- vided herein. The deadlock panel will notify in writing the parties of its decision within ten (10) business days of the hearing. After receiving the written decision from the system board or dead- lock panel, the union or the company shall have ten (10) business days to notify the other party if they intend to pursue the grievance through the arbitration process. If the party does not notify the oth- er party within this ten (10) business day period, the grievance will be considered withdrawn.
Deadlock Procedures. Where there is a deadlock vote on any issue at a Board meeting, the Parties shall resolve such deadlock as follows:
11.7.1 a second Board meeting will be convened within 48 hours of the initial meeting, and the matter in question will be discussed and voted upon again; and
11.7.2 where the votes are again equal, the Chairman of each Party (or his / her designated representative) shall resolve the matter through friendly consultations, and notify the Board of their mutually agreed decision in writing.
Deadlock Procedures. A. When a dispute is properly submitted to the Board for hearing before the one (1) Company and one (1) Union Board members, or their alternates, and the board is unable, by majority vote, to decide the dispute, the Board shall consider itself deadlocked. The dispute may be submitted to the Board of Arbitration by the Union within fifteen (15) calendar days from the close of the Board hearing by written notice to the Company with copies to the Chairman.
B. If the Union fails to serve such notice within fifteen (15) calendar days, the Board of Arbitration will have no jurisdiction. In such case, the controversy shall be considered withdrawn and no action thereon shall be taken thereafter by any party.
C. It is understood and agreed that each party and every Board member shall be free to discharge his or her duty in an independent and un-coerced manner without fear that their individual relations with the Company, with the Crewmembers, or with the Union will be affected in any manner by any action taken by them in good faith in his or her capacity as Board Member.
Deadlock Procedures. When a dispute is properly submitted to the Board for hearings before the two (2) Company and the two (2) Union Board Members, or their alternates, and the Board is unable by majority vote to decide the dispute, the Board shall declare itself deadlocked and the parties shall select an arbitrator as provided herein. The arbitrator shall join the Board as a Board Member and as Chairman in subsequent consideration and hearing of the dispute. The Board, so composed, shall be competent to decide said dispute by majority vote. Decisions of the Board so composed shall be final and binding on the parties. The Board may agree to have the arbitrator hear the case without the Board present.
Deadlock Procedures
