DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE Sample Clauses

DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. 13.1 In the event of a dispute or formal grievance arising in the workplace, affecting at least one lecturer at that workplace and capable of being resolved by action at that workplace, the procedure to be followed to resolve the matter will be as follows: (a) The lecturer/s and their manager will discuss, consult and attempt to find a satisfactory solution within five (5) working days. If unresolved the lecturer may involve a Union officer/delegate in further discussions with the manager. (b) If the dispute cannot be resolved at that level, the dispute may be referred, in writing, by the lecturer/s or Union representative to the Managing Director or his/her nominee and to the President of the Union and his/her nominee. (c) When the dispute cannot be resolved within ten (10) working days of being referred to the Managing Director or his/her nominee and to the President of the Union and his/her nominee, the dispute may be referred to the Commission for determination. 13.2 At all stages of this procedure, the employee may be accompanied by a Union representative. 13.3 The period for resolving a dispute may be extended by agreement between the parties. 13.4 While the parties attempt to resolve the matter duties will continue as normal or, if appropriate, other available duties will be performed. Other available duties may be on-site or elsewhere.
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DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. (a) The procedure in paragraph (c) applies to all Parties in relation to the settling of grievances and the avoiding of disputes. It is based on consultation, co-operation and discussion with the object of minimising disruption to working relationships and the performance of work. (b) All Parties acknowledge that this procedure provides complete and adequate remedies for problems and grievances which may arise in the course of the employment or in respect of the termination of employment. The Parties agree that all employment-related issues will be pursued in accordance with this clause and not otherwise. (c) The procedure is as follows: (i) Step1 - In the event the Employee has a grievance, the Employee in the first instance shall attempt to resolve the matter with the Operations Resource. The Employee may choose to involve another person, such as a union delegate, to assist with resolution. (ii) Step 2 - If the grievance is not resolved in Step 1, the Employee with the Operations Resource should refer the matter to the Warehouse Manager for discussion. The grievance or dispute may be committed to writing if requested at this stage. The Employee may choose to involve another person, such the union delegate, to assist with resolution. (iii) Step 3 - If the grievance is not resolved in Step 2, the matter should be referred to Xxxxx’x’ Human Resources Manager for discussion. At this point the Employee may involve another person, such as a union organiser, to assist with resolution. (iv) Step 4 - If the grievance is not resolved in Step 3 after the parties have genuinely attempted to achieve settlement, then the matter may be referred jointly to another party, such as a more senior Xxxxx’x manager, or may be referred by the Parties jointly or independently to the Industrial Relations Commission of New South Wales. (d) While an issue is being progressed through this procedure the status quo will be maintained. (e) Throughout all stages of this procedure, Xxxxx’x and the Employee/s commit to normal work continuing unless there is a reasonable concern about an imminent risk to the Employee’s health or safety. Xxxxx’x and the Employee/s will co-operate to ensure that each step in the resolution process is followed as quickly as is reasonably possible.
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DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. 22.1 This clause sets out procedures to settle a dispute if the dispute relates to: (i) A matter arising under the agreement; or (ii) The National Employment Standards 22.2 An employee who is a party to the dispute may appoint a representative (including a union representative) for the purposes of the procedures in this term. 22.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees concerned and in the first instance the relevant supervisor, or where the matter remains unresolved a more senior manager nominated by the employer. 22.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Australia. 22.5 Fair Work Australia may deal with the dispute in 2 stages: (i) Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (ii) If Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then: • arbitrate the dispute; and • make a determination that is binding on the parties Note: If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 22.6 While the parties are trying to resolve the dispute using the procedures in this term: (i) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (ii) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: • the work is not safe; or • applicable occupational health and safety legislation would not permit the work to be performed; or • the work is not appropriate for the employee to perform; or • there are other reasonable grounds for the employee to refuse to comply with the direction. 22.7 The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this term.
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DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. 7.1 This clause sets out the procedures to settle a grievance, or dispute that relates to: ● A matter arising under this Agreement; or ● A matter pertaining to the employment relationship between the Company and an Employee who is covered by this Agreement: or ● "General protections" provided for in the Act; or ● NES. 7.2 This Agreement recognises that an Employee grievance should be resolved as quickly and effectively as possible with factual Information and without recourse to industrial action. 7.3 It is intended that most issues shall be resolved informally between an Employee and the Company by gathering and understanding the facts and through discussion. An Employee/s may be assisted by their nominated representative in these discussions.
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DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. The parties to this Agreement shall observe the following Industrial Dispute Resolution procedure in respect of disputes relating to the operation of this agreement, matters pertaining to employment relationship and the application of the National Employment Standards; The employer or employee may appoint a representative at any of the steps of the dispute process. 1. The employee concerned will first meet and confer with their immediate supervisor. 2. If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. 3. If the matter remains unresolved, the employer or employee may refer it to a more senior level of management for consideration. 4. In the event of the matter remaining unresolved, either party may refer the matter to Fair Work Australia for conciliation and / or arbitration. 5. Except in situations where there is a perceived immediate and significant threat to employee health and safety, work will continue and consideration of the needs of the business will remain a priority.
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DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. Any disputes pertaining to the relationship between the employer and employee/s, the employer and the Union, and regarding any part of this agreement will be resolved according to the procedure outlined below. • In the first instance, the employee/s concerned will meet and confer with their immediate supervisor. The employee/s may appoint another person of their choosing to represent them, including a Union delegate or employee representative at any stage of this process. If an employee nominates a Union Delegate as their representative, the steps within this process must take place at premises other than where work is performed (“off-site”). • The employer will determine the location of the off-site meetings and/or discussions. However, the location must be convenient to all parties and within a short distance from the employees’ usual place of work. • The off-site meetings and/or discussions will be scheduled during the ordinary working hours of the relevant employee/s. If the working hours of the parties vary, the meetings/discussions will be scheduled during the ordinary hours of the majority of employees.
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DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. In the event that a dispute arises over the application of this agreement the following procedure shall apply: 24.1 The employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a shop xxxxxxx or delegate of the union. 24.2 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee or delegate may invite a union official to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs. 24.3 If the matter cannot be resolved directly between the parties, either party may refer the matter to the Australian Industrial Relations Commission for assistance in resolving the matter by conciliation and/or arbitration. Any determination of the Commission shall be binding on both parties. The Commission may also give all such directions, orders and/or recommendations and do such things necessary or expedient for the speedy and just hearing and determination of the dispute. 24.4 While the parties are attempting to resolve the matter, the status quo antes will prevail, unless the employee has a reasonable concern about an imminent risk to their health or safety. In the event that an employee has a grievance with the employer, the following procedure shall apply: 24.5 The steps described in (a) and (b) above shall be followed in an attempt to resolve the matter directly at the site. If the grievance is about a change in work practices, there shall be no change until the disagreement has been resolved. 24.6 Should the grievance remain unresolved, the employee, the union or the employer may refer the grievance to a member of the Australian Industrial Relations Commission for the purpose of mediation and/or private arbitration. The employee, the union and the employer agree to be bound by the decision of that Commission member.
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DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE a) Objective ICS and Staff are committed to the prevention and resolution of disputes as close as possible to the source of the dispute or potential dispute, in an equitable and timely manner. Should any grievance or dispute arise between a Staff member and ICS, relating to the Staff member's employment, it shall be handled in the following manner: b) Discuss with Manager The Staff member should discuss the problem first with their immediate manager in an attempt to resolve the matter. The manager is required to set aside the time necessary for a fair and open discussion. Under no circumstances shall the Staff member be disadvantaged if they raise an issue for discussion. Where appropriate, the manager should investigate the facts, consider ICS policies and procedures that may be applicable and consult with their Human Resources Consultant for independent advice as required. The manager should give the staff member a specific response within a period of time up to 7 working days. c) Discuss with Manager’s Manager If they cannot resolve the matter, or if there is some reason why the problem cannot be discussed with their immediate line manager, the staff member may raise the issue with their manager's manager. All reasonable efforts will be made to resolve the issue at this level. d) Discuss with Human Resources If the matter is still not resolved to the satisfaction of any party, it should be taken up with ICS Human Resources section.
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DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE. Disputes pertaining to the operation of the Agreement or the NES (including provisions relating to flexible working arrangements and extending the period of unpaid parental leave) will be resolved according to this procedure. a) The Employee/s concerned will meet and confer with their immediate Supervisor. The Employee/s may appoint another person to act on their behalf including an Employee representative. b) If the matter is not resolved the parties to the dispute will arrange further discussions involving more senior management as appropriate. The employee may appoint representatives of their choosing to attend this discussion. c) If the matter cannot be resolved directly between the parties to the dispute, either of the parties to the dispute may refer the matter to FWC to resolve the matter. The FWC may resolve the matter by conciliation or arbitration and may grant interim relief. The FWC may give all such directions, orders and/or recommendations and do such things necessary or expedient for the speedy and just hearing and determination of the dispute. d) Where a dispute is referred to the FWC, the Employee who notified the dispute will be granted reasonable paid time off work for the purposes of attending any conference or hearing. e) Until the dispute is resolved, the status quo will prevail, unless the Employee has a reasonable concern about an imminent risk to their health or safety. In order to be clear, the status quo represents the position existing before the dispute was notified.
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Related to DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE

  • DISPUTES RESOLUTION PROCEDURE 10.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The Parties to this Agreement are committed to complying with the terms of this procedure.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed: 21.1.1 Initially the Employee shall discuss any grievance, dispute or claim with their immediate supervisor; 21.1.2 If the matter is not resolved at such a meeting, the Parties may hold further discussions with appropriate senior levels of management; 21.1.3 If the matter cannot be resolved at the workplace level, the Parties agree to refer the matter to Enterprise Initiatives Pty Ltd who will engage a third party mediator to mediate the dispute. Any such mediator will conduct the mediation in accordance with the provisions of Part 13, Division 6 of the Act. 21.2 To the extent that the dispute concerns Employee entitlements or Employer obligations under the Agreement the Employer will ask for the Employee's agreement to seek advice from EI Legal Pty Ltd. 21.3 This dispute resolution procedure does not apply to Employees where the Employer has given notice and reasons for termination according to clause 5 of the Agreement. 21.4 Where the Parties agree to pursue mediation the Parties:- 21.4.1 Will participate in the mediation process in good faith; 21.4.2 Acknowledge the right of other to appoint in writing, another person to act on their behalf in relation to the mediation process; 21.4.3 Agree not to commence any action against the other; and 21.4.4 Agree that during the time when the Parties attempt to resolve the matter: i) the Parties continue to work in accordance with the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and ii) subject to relevant provisions of any state or territory occupational safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and iii) the Parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

  • GRIEVANCE ARBITRATION PROCEDURE 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

  • Resolution Procedure a. Step 1 i. The complainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express their feelings about the situation. ii. Before proceeding to Step 2, the complainant may approach their administrative officer, staff rep or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction the matter is deemed to be resolved. Refer to Article E.

  • Dispute Resolution Procedures (a) In the event a dispute arises about the interpretation, application, calculation of Loss, or calculation of payments or otherwise with respect to this Single Family Shared-Loss Agreement (“SF Shared-Loss Dispute Item”), then the Receiver and the Assuming Institution shall make every attempt in good faith to resolve such items within sixty (60) days following the receipt of a written description of the SF Shared-Loss Dispute Item, with notification of the possibility of taking the matter to arbitration (the date on which such 60-day period expires, or any extension of such period as the parties hereto may mutually agree to in writing, herein called the “Resolution Deadline Date”). If the Receiver and the Assuming Institution resolve all such items to their mutual satisfaction by the Resolution Deadline Date, then within thirty (30) days following such resolution, any payment due as a result of such resolution shall be made arising from the settlement of the SF Shared-Loss Dispute. (b) If the Receiver and the Assuming Institution fail to resolve any outstanding SF Shared-Loss Dispute Items by the Resolution Deadline Date, then either party may notify the other of its intent to submit the SF Shared-Loss Dispute Item to arbitration pursuant to the provisions of this Article VII. Failure of either party to submit pursuant to paragraph (c) hereof any unresolved SF Shared-Loss Dispute Item to arbitration within thirty (30) days following the Resolution Deadline Date (the date on which such thirty (30) day period expires is herein called the “Arbitration Deadline Date”) shall extinguish that party’s right to submit the non-submitted SF Shared-Loss Dispute Item to arbitration, and constitute a waiver of the submitting party’s right to dispute such non-submitted SF Shared-Loss Dispute Item (but not a waiver of any similar claim which may arise in the future). (c) If a SF Shared-Loss Dispute Item is submitted to arbitration, it shall be governed by the rules of the American Arbitration Association (the “AAA”), except as otherwise provided herein. Either party may submit a matter for arbitration by delivering a notice, prior to the Arbitration Deadline Date, to the other party in writing setting forth: (i) A brief description of each SF Shared-Loss Dispute Item submitted for arbitration; (ii) A statement of the moving party’s position with respect to each SF Shared-Loss Dispute Item submitted for arbitration; (iii) The value sought by the moving party, or other relief requested regarding each SF Shared-Loss Dispute Item submitted for arbitration, to the extent reasonably calculable; and (iv) The name and address of the arbiter selected by the moving party (the “Moving Arbiter”), who shall be a neutral, as determined by the AAA. Failure to adequately include any information above shall not be deemed to be a waiver of the parties right to arbitrate so long as after notification of such failure the moving party cures such failure as promptly as reasonably practicable. (d) The non-moving party shall, within thirty (30) days following receipt of a notice of arbitration pursuant to this Section 7.1, deliver a notice to the moving party setting forth: (i) The name and address of the arbiter selected by the non-moving party (the “Respondent Arbiter”), who shall be a neutral, as determined by the AAA; (ii) A statement of the position of the respondent with respect to each Dispute Item; and (iii) The ultimate resolution sought by the respondent or other relief, if any, the respondent deems is due the moving party with respect to each SF Shared-Loss Dispute Item. Failure to adequately include any information above shall not be deemed to be a waiver of the non-moving party’s right to defend such arbitration so long as after notification of such failure the non-moving party cures such failure as promptly as reasonably practicable (e) The Moving Arbiter and Respondent Arbiter shall select a third arbiter from a list furnished by the AAA. In accordance with the rules of the AAA, the three (3) arbiters shall constitute the arbitration panel for resolution of each SF Loss-Share Dispute Item. The concurrence of any two (2) arbiters shall be deemed to be the decision of the arbiters for all purposes hereunder. The arbitration shall proceed on such time schedule and in accordance with the Rules of Commercial Arbitration of the AAA then in effect, as modified by this Section 7.1. The arbitration proceedings shall take place at such location as the parties thereto may mutually agree, but if they cannot agree, then they will take place at the offices of the Corporation in Washington, DC, or Arlington, Virginia. (f) The Receiver and Assuming Institution shall facilitate the resolution of each outstanding SF Shared-Loss Dispute Item by making available in a prompt and timely manner to one another and to the arbiters for examination and copying, as appropriate, all documents, books, and records under their respective control and that would be discoverable under the Federal Rules of Civil Procedure.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Mediation Procedure The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager. 2. In the event the Authorized User is dissatisfied with the Contractor’s Products provided under this Centralized Contract, the Authorized User shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the Authorized User, the Contractor shall so notify the Authorized User in writing. If either party notifies the other of such dispute, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result through negotiation. 3. If negotiation between the Contractor and Authorized User fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and Authorized User, of such notice, then the matter shall be submitted to the State's Contract Administrator and the Contractor’s senior executive officer representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, this section shall not be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. 4. The Contractor shall extend the informal dispute resolution period for so long as the Authorized User continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights.

  • GRIEVANCE PROCEDURE & ARBITRATION It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. If an employee has a complaint related to an alleged violation of the Collective Agreement may at option discuss it with immediate supervisor within three (3) days after the circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the employee. The Supervisor shall give a response to the complaint within three (3) days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union Xxxxxxx covered under this Collective Agreement. Grievances must be filed within fifteen (15) working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon other provisions of the Agreement. Step Grievance form is completed in duplicate and signed by the employee and Union Xxxxxxx, presented to the Supervisor by the Union Xxxxxxx and (at their option). Both copies are to be returned by the Supervisor with signed comments to the Union Xxxxxxx within three (3) working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a Xxxxxxx or Union Official. Step If satisfaction is not obtained in Step the Union Xxxxxxx, within five (5) working days, may refer the grievance to the Department Manager or designate, who will meet and discuss the grievance with the Union Xxxxxxx, (at their option) and the Human Resources Consultant then render a decision in writing on the prescribed forms within five

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