Differences. Where a difference arises between the Parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation or alleged violation as to whether a matter is arbitral, during the term of this Agreement an Arbitrator shall, at the request of either party:
Differences. Any disagreement or difference of opinion between the Company and the Union which concerns the in terpretation or application of the terms and provisions of this contract will be considered a grievance. Such grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved parties. The Union may present a grievance. Any grievance not presented within fifteen (15) days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved party, except in the case of errors in employee’s pay made by the Company’ s payroll department. The Union representative and the Company’s desig nated representative shall discuss and attempt to adjust such grievance. If the Union and Company’s designated represent ative canot reach an adjustment within fifteen (15) days, upon request of either party the grievance shall be submitted to arbitration. The Company and the Union shall each select one representative, and the arbitrator shall be selected by mutual agreement of the two representatives first selected. In the event these two representatives fail to agree upon an arbi trator within ten (10) days after designation of the other two representatives, then the Employer and the Union may ask, by a jointly signed letter, the Director of Federal Mediation and Conciliation Serv ice, Washington, D. C., to send the Union and Com pany representatives a list of arbiters from which the two may select the arbitrator. The arbitrator shall be impartial and possess skill and knowledge of la w,.-management relations. No person involved di rectly in the controversy under consideration shall be a representative of either party in the arbitration proceedings. The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as he shall deem essential to a full understanding and determination of the issues involved. The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this contract. Grievances submitted shall not depend on or in volve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination of a subject matter not covered by or arising during the term of this contract. The findings and decision of the Arbitrator on all arbitrable questions shall be binding and enforceable on all parties. It is understood and ag...
Differences. If the Sellers' Representative and the Buyer ----------- are unable to resolve all the objections set forth in the Disagreement Notice within such 15-day period, they shall jointly appoint Deloitte & Touche LLP (the "CPA Firm") within five days of the end of such 15-day period. -------- The CPA Firm, acting as experts and not as arbitrators, shall review the objections set forth in the Disagreement Notice which are not Resolved Objections (collectively, the "Differences") and determine, based on the ----------- requirements set forth in Section 1.2(b) and only with respect to Differences submitted to the CPA Firm, whether and to what extent the Closing Adjusted Net Worth Schedule requires adjustments. The fees and disbursements of the CPA Firm shall be allocated 50% to the Buyer and 50% to the Sellers. The Sellers and the Buyer shall (and shall cause the Company to) provide to the CPA Firm full cooperation. The CPA Firm's resolution of the Differences shall be conclusive and binding upon the parties. The Differences as resolved by the CPA Firm in accordance with this Section 1.2(e) shall collectively be referred to herein as the "CPA-Determined Differences." --------------------------
Differences. All matters of difference arising between the Corporation and the Lessee in any matter connected with or arising out of this agreement whether as to interpretation or otherwise, shall be determined by the Corporation but without prejudice to any recourse available under law.
Differences. 36.1 All matters of difference arising between the RDEK and the Lions Club in any matter connected with or arising out of this Lease whether as to interpretation or otherwise, will be determined by the RDEK but without prejudice to the Lions Club to any recourse available under law.
Differences. 60 Difference means dispute.141 There is, however, no uniform view as to the exact meaning of this term. While a (correct) view deems the difference criterion essentially meaningless,142 some common law courts have denied the existence of a difference if both the facts and the law are undisputed between the parties and the sole reason for court proceedings is to pave the way to enforcement. Consequently, these courts have refused to apply Article II(3), reasoning that state court litigation is faster and cheaper absent any dispute (including any dispute about the scope of the arbitration agreement143).144 This view leads to the remarkable result that cases in which the arbitration agreement undisputedly covers the claim end up in litigation while an objection against the arbitration agreement’s interpretation may 138 Dissenting (autonomous interpretation) Xxxx, SchiedsVZ 2011, 289, 291 with incorrect reference to Xxxxxxxxx, in: Mu¨nchKommZPO, annex to sect. 1061, NYC, Art. I para. 2. 139 Cf. Xxxxxx, para. 3961. 140 Austria: OGH, X Y.B. Com. Arb. 418, 419 et seq. paras 5 et seq. (1985); see also Italy: Cass., XI Y.B. Com. Arb. 519 para. 2 (1986); Xxxxxxxx, Art. II para. 3; Xxxx, in: Xxxxxxx (ed.), Part 3, Art. II para. 16. 141 Xxx xxx Xxxx, p. 147. 142 Xxxx, in: Xxxxxxx (ed.), Part 3, Art. II para. 18. 143 UK: Al-Naimi v. Islamic Press Agency Inc., [1999] CLC 212, 214.
Differences. Should any differences arise between the Employer and the Union, as to the meaning, application or operation of any provision of this Agreement, such disputes or differ ences shall be settled in the following order: t First: Between the Representative of the Union and Executives of the Employer. Second: In the event that such dispute or difference is not settled properly and to the satisfaction of the parties through the method above provided, then the dispute or difference shall be submitted in writing within fifteen (15) days to a Board of three (3) members, of which one (1) member shall be designated by the Employer, one (1) by the Union, and the third (3rd), an impartial member, to be designated by agreement among the other two (2) mem bers. In the event that these two (2) members fail to agree upon a third member within ten (10) days after designa tion of the other two members, then the Employer and the Union may ask, by a jointly signed letter to the Director of Federal Mediation and Conciliation Service, Washington, D. C., to send the Union and Company representatives a list of Arbiters from which the two may select the third mem ber of the board. The decision of the majority of the members of the Board shall be final and binding upon the Employer and the Union and its members for the duration of this Agreement. All grievances shall be processed in conformity to Sec tion 9 (a), National Labor Relations Act, as amended. There shall be no strikes or lock-outs during, the term of this Agreement, except as set forth in Articles II and XX.
Differences. All differences between the parties concerning the interpretation, application, operation or alleged violation of this agreement shall first be referred to the superintendent or designate for discussion and settlement. This referral must be initiated in writing within 60 school days of the alleged violation or awareness of the violation. Failing satisfactory resolution by the referral process, all differences shall be settled by a differences committee consisting of the negotiating subcommittee of the ATA, Local 55, who together shall have one vote, and a maximum of four representatives of the Board, who together shall have one vote. In the event the 60 school day time limit is not adhered to, the grievance is at an end. Time limits can be waived by mutual agreement of the parties in writing.
Differences. In the event that a dispute occurs between the Employer and the Union on the one hand and/or the Employer and one or more members of the Bargaining Unit on the other hand regarding the interpretation, application, operation or alleged violation of this Agreement, the following procedure of settlement shall be followed:
Differences. (1) Should differences arise in interpreting or fulfilling this agreement, the institutions involved are obliged to attempt to settle the differences mutually outside of court.
