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." -------------------------- (f)
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. 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. 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. 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. Both measures for the role of proprietor (FWS funds) and content-provider (citizen petition) expressed no significant relationship with illegal wildlife imports, nor did they reflect the hypothesized direction of correlation, as the increase of each variable resulted in an increase in illegal wildlife imports. Additionally, the control variable urbanization has a significant negative relationship with illegal wildlife imports, contrary to what was predicted with the model. The differences in what was expected and what resulted must be discussed to better understand the future and applicability of this research’s model. The difference in expected results and actual results for proprietor role was most likely due to the choice of data for the funding indicator. Both CESC and Xxxxxxx-Xxxxxxxx funds require a collaborative effort between the state and federal level (“Federal Aid in Wildlife Restoration Act” 2017). Because of this, it is possible that the data used to indicate proprietor are more reflective of federal commitment than state, resulting in an insignificant effect on the policy responsiveness of the state. However, it is also important to consider that the reasoning behind the significance is due to the fact that funds are not a fully accurate measure of commitment. In her research on federalism, Xxxxxx Xxxxxxxxx writes, “States are clearly pinched for dunging. Although available resources are an issue, however, other measures of agency capacity are strong” (Xxxxxxxxx 2004). She goes on to explain that adequate staff training and relationships could be a better indicator of a state’s relationship with federal policy. Similar to the proprietor proxy (FWS funds), the insignificance of the content-provider role as indicated by citizen petition most likely resulted from understated federal involvement. Although the independent variable was supposed to be an indicator for citizen and state interest in conservation (or lack there of), it is possible that it was a greater indicator of federal commitment, as it was reviewed and reported at the federal-level. This is further amplified by background information, such as the Xxxx administration’s top-down approach to managing citizen petitions (Melious 2001). Urbanization as a control variable had a significant and negative relationship with the dependent variable. As previously stated in ESA Section 2, listed species’ habitat was described as at risk of being lost due to “fragmentation, suburban sprawl, ener...
Differences. This responsibility to the citizens is the sole responsibility of the Employer and requires that any dispute arising over the interpretation of the terms of this Agreement be adjusted and settled in an orderly manner without interruption to the said services to the citizens; therefore, the employees agree that if any differences with the Employer occur during the time period of this Agreement, the same will be dealt with under the Grievance Procedure hereinafterset forth. of Address It shall be the ail employees to notify the Transit Timekeeping Clerk within five (5)calendar days of any change in address or telephone number. Conditions Anyworking are at presentin effect, to the extent that they do not conflictwith this agreement, shall continue in effect unless they are changed during the term of this agreement by mutual consent of the parties hereto,which consent shall not arbitrarily or unreasonably be by either party hereto. Should any arise as to their existence, it be decided under the Grievance Procedure as set out herein. Loss or Suspension of Driver's License An employee who operates a motor vehicle on behalf of the Employer shall be the holder of a proper current Driver's Licence and if same is lost or suspended it shall be reported by the Employee forthwith to Transit Management. In event of loss or suspensionof the Employee's proper current Driver's Licence the Employee upon written request to the forms provided, be entitled to a Leave of Absence for the period during which the Employee has lost or had the licence suspended up to a maximum of twelve (12) months for Class licence and up to a maximum of twenty-four (24) months for a Class licence, subject to the following conditions: The Leave of Absence is without pay; The Employee not accrue seniority during the Leave of Absence; The Employee will not be entitled to the Benefit Plans described in Article of the Collective Agreement, during the Leave of Absence: The Employer is entitled to employ a Casual Employee to replace the Employeewho is on such a Leave of Absence. The Union further agrees that in so doing, the Employer can exceed the number of Casual Employees under Article The Employer will review it's operational requirements and may, at it's discretion, assign the Employee on such Leave of Absence to work within the Transit system in a classification that does not require Employee to be in possession of a driver's licence, for which the Employee will paid the rate of pay normally receiv...
