Dispute Procedure Sample Clauses

Dispute Procedure. (1) Unless otherwise provided in the Council's Constitution or in this Collective Agreement, any dispute within the registered scope of the Council shall be resolved as set out below: (a) The General Secretary of the Council shall, after consultation with the Secretary of any relevant Regional Chamber, decide whether any dispute referred to the Council must be dealt with by the Council or the Regional Chamber. (b) The Council shall, from time to time, adopt, by resolution, guidelines for the General Secretary of the Council to follow in the allocation of such disputes. (c) When any dispute is allocated to a Regional Chamber in terms of this clause, then such Regional Chamber shall have the same rights, powers and obligations as the Council.

Dispute Procedure. A. The Union shall have the right to designate a shop xxxxxxx for each store. The shop xxxxxxx may act for the Union in signing up employees for Union membership and in explaining the func­ tions of the Union to employees. The shop stew­ ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes. B. Should any differences, disputes, or com­ plaints arise over the interpretation or applica­ tion of the contents of this Agreement, there shall be an xxxxxxx effort on the part of both parties to settle such promptly through the following steps: Step 1. By conference between the aggrieved employee and/or the shop xxxxxxx and/ or the authorized Union representa­ tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union. Step 2. By conference between the shop ste­ xxxx, the authorized Union representa­ tive and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3. Step 3. By conference between an official or officials of the Union and the Divi­ sional Vice President, a representative or representatives of the Employer delegated by the Divisional Vice Presi­ dent, or both. Step 4. In the event the last step fails to settle the grievance, the Union, if it desires to submit the grievance to ar­ bitration, shall so notify the Employ- er within ten (10) calendar days af­ ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct­ ly to the management of the Employer or to the officials of the Union. C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis­ agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter­ nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fif...

Dispute Procedure. If SCT delivers a notice of disagreement pursuant to Section 2.3(c), SCT and Purchaser shall, during the thirty (30) days following such delivery, use their reasonable efforts to reach agreement on the disputed items or amounts (the "Disputed Amounts"). If, during such period, SCT and Purchaser are unable to reach such agreement, they shall promptly thereafter cause PricewaterhouseCoopers LLP (or if said firm shall be unwilling to act thereunder or shall be engaged to perform any material services to the Purchaser or the Sellers or their Affiliates, such other independent public accountants of nationally recognized standing reasonably satisfactory to SCT and Purchaser) (the "Accounting Arbitrator"), promptly to review this Agreement, the documents delivered pursuant to Section 2.3(c) and any other documents necessary to calculate the Disputed Amounts (including all work papers of the Parties used in calculating the Disputed Amounts). In making such calculation, the Accounting Arbitrator shall act as arbitrator. The Accounting Arbitrator shall deliver to SCT and Purchaser, as promptly as practicable and in any event no later than 90 days after their engagement, a report setting forth such calculation. Such report shall be final and binding upon SCT and Purchaser. The cost of the review of the Accounting Arbitrator and report shall be borne equally by SCT and Purchaser. The Accounting Arbitrator shall have jurisdiction to decide any and all issues presented to it that arise out of or relate to this Agreement or the transactions contemplated hereby, including the issue of whether or not the Accounting Arbitrator has jurisdiction to decide any particular dispute, controversy or claim. The arbitration shall be held in Washington, D.C. The governing Law shall be as set forth in Section 11.12 of this Agreement, and the Parties' consent to the jurisdiction of the courts identified in Section 11.3 of this Agreement for all purposes in connection with the arbitration, including (i) enforcement of the arbitration award and (ii) issuance of provisional remedies to protect rights, interests, Assets or property, including, but not limited to, temporary or preliminary injunctive relief, to ensure ultimate satisfaction of the arbitration award. The Parties agree that the award made by the Accounting Arbitrator shall be final and binding on the Parties and that they waive any right to appeal the arbitral award, to the extent an appeal may be lawfully waived. The Sellers an...

Dispute Procedure. 1. If an employee or group of employees believes that any paragraph or paragraphs of this Work Standards Section has been violated, and the employee(s) is aggrieved as the result thereof, the employee, or a designated member of the group, shall take the following steps should a work standard dispute occur: STEP 1 EMPLOYEE/SUPERVISOR/UNION OFFICIAL Employee(s) notify Supervision of a work standard issue at which point the Union Official may be contacted. The employee(s) will identify the reason(s) for the dispute. The supervisor and Union Official investigates the concern and may extend the investigation to the other shifts for consistent application with the intent to mutually resolve the dispute utilizing, but not limited to SWI’s (prescribed method), layout, sequence, tools, health and safety and ergonomics. STEP 2 CAW TIME STUDY/INDUSTRIAL ENGINEERING REVIEW If the dispute remains, the Divisional Industrial Engineer and the CAW Time Study Representative will review any data or address any other issues in an attempt to resolve the employee(s) concern. When timing of any job or operation is necessary in connection with adjusting a grievance, the Time Study Representative shall be permitted to examine the information resulting from such timing upon its completion. STEP 3 FORMAL E.B. (Elemental Breakdown) At this stage, and if necessary, in an attempt to finalize the issue, a formal request is made by the CAW/Time Study Representative on behalf of the Union Official to complete an Elemental Breakdown of the operation. Prompt attention will be given by the Divisional Industrial Engineer to verify/establish the Elemental Breakdown. Following the receipt of the Elemental Breakdown, the CAW Time Study Representative will be permitted to make a study of the job in dispute for the purpose of resolving the above issue(s). It is understood this review will be completed as expeditiously as possible. (This study shall not be deemed to be in substitution for the National Union Industrial Engineer giving technical assistance as provided in Paragraph 3 below) Such elemental breakdown shall be analyzed by the time measurement system that the Company utilizes consisting of all the elements of the operation in the order of their performance with the time for each element and the total time for the operation as these appear on the study or supporting data. On conveyor assembly lines each elemental breakdown will reflect the scheduled rate of production and available time, e...

Dispute Procedure. During the twenty (20)-day period commencing upon the delivery by an Indemnitee to the Sellers’ Representative (or, in the case of an Individual Claim, to the applicable Indemnitor) of a Notice of Claim (the “Dispute Period”), the Sellers’ Representative (or, in the case of an Individual Claim, to the applicable Indemnitor) may deliver to the Indemnitee who delivered the Notice of Claim a written response (the “Response Notice”) in which the Sellers’ Representative (or, in the case of an Individual Claim, to the applicable Indemnitor): (i) agrees that the full Claimed Amount is owed to such Indemnitee; (ii) agrees that part, but not all, of the Claimed Amount (the “Agreed Amount”) is owed to such Indemnitee; or (iii) states that no part of the Claimed Amount is owed to such Indemnitee. If the Response Notice is delivered in accordance with clause “(ii)” or clause “(iii)” of the preceding sentence, such Response Notice shall also contain a brief description of the facts and circumstances supporting the Sellers’ Representative’s (or, in the case of an Individual Claim, to the applicable Indemnitor) claim that only a portion or no part of the Claimed Amount is owed to the Indemnitee, as the case may be. Any part of the Claimed Amount that is not agreed to be owed to the Indemnitee pursuant to the Response Notice (or the entire Claimed Amount, if the Sellers’ Representative (or, in the case of an Individual Claim, to the applicable Indemnitor) asserts in the Response Notice that no part of the Claimed Amount is owed to the Indemnitee) is referred to in this Agreement as the “Contested Amount” (it being understood that the Contested Amount shall be modified from time to time to reflect any modifications by the Indemnitee to the Claimed Amount). If a Response Notice is not received by the Indemnitee prior to the expiration of the Dispute Period, then the Sellers’ Representative (or, in the case of an Individual Claim, to the applicable Indemnitor) shall be conclusively deemed to have agreed that the full Claimed Amount is owed to the Indemnitee.

Dispute Procedure. 1. Any grievance, controversy or dispute involving the interpretation of any provision of this Agreement, except wage claims or in cases governed by Article 3-A of this Agreement, must be protested by the Union to the Employer, in writing, within fifteen (15) working days of the occurrence of such grievance, controversy or dispute, or such shall be null and void. Such written grievance, controversy or dispute shall set forth the nature of the grievance, including the material facts giving rise to the claim and the Contract provision(s) allegedly violated. Any grievance, controversy or dispute by an Employer pursuant to this Agreement, except wage claims must be protested by the Employer to the Union, in writing, within fifteen (15) working days of the occurrence of such grievance, controversy or dispute, or such shall be null and void. Such written grievance controversy or dispute shall set forth the nature of the grievance, including the material facts giving rise to the claim and the Contract provision(s) allegedly violated. (a) Diligent effort shall be made by both sides to adjust such grievance, controversy or dispute amicably within thirty (30) days from the date the grievance, controversy or dispute is first brought to the attention of both parties. (b) The thirty (30) day period may be extended by mutual agreement. (c) If there is no extension of time for amicable settlement, the grievance, controversy or dispute may then be referred to arbitration within fifteen (15) days. (d) The parties will jointly select an arbitrator. In the event the parties cannot agree either party may request a regional panel of nine (9) arbitrators from the Federal Mediation and Conciliation Service. The parties will split the cost of any panel which is jointly requested. The parties shall then choose the arbitrator by alternatively striking a name from the list until one (1) name remains as the arbitrator chosen by the parties and empowered to arbitrate the dispute.

Dispute Procedure. 1. The Union shall have the right to designate a Shop Xxxxxxx for each store. It shall be the duty of the Shop Xxxxxxx to demand and inspect the cards of those coming under the jurisdiction of the Union and to report his findings to the Union Office, and to perform his duties as the Union may require. The Shop Xxxxxxx shall perform his duties with the least inconvenience to his Employer as possible. He is not to use his position as Shop Xxxxxxx as an excuse to avoid performing his duties to his Employer. 2. Should any difference, disputes, or complaints arise over the interpretation or application of the contents of this Agreement., there shall be an xxxxxxx effort on the part of both parties to settle such promptly through the following steps: STEP 1: By conference between the aggrieved employee, or the business agent, or both, and the Manager of- the store. STEP 2: By conference between the Shop Xxxxxxx', or the business agent, and the Supervisor. STEP 3: By conference between an official, or officials of the Union and the Per­ sonnel Director, a representative of the Employer so delegated by the General Manager, or both. STEP 4: In the event that the last step fails to settle satisfactorily the com­ plaint, it. shall be referred to the Board of Arbitration. 3. The Board of Arbitration shall consist of one (1) person appointed by the Union and one (1) person appointed by the Employer. Said two (2) persons shall within two (2) days after disagreement request the Director of the Federal Mediation and Conciliation Service to furnish a panel of arbitrators from which the third arbi­ trator shall be selected, and the decision of the majority shall be binding on both parties. The expense of the third arbitrator shall be paid for jointly. The Board of Arbitration shall have no right to modify, amend, add to, subtract from, or change in any way the terms of this Agreement, and the decision of the Board of Arbitration shall be final and binding on the employee, the Union, and the Employer. 4. The Employer may at any time discharge any worker for proper cause. The Union may file a written complaint within five (5) days with the Employer asserting that the discharge was improper. Such complaint must be taken up promptly, and if the Employer and the Union fail to agree within forty eight (48) hours, it shall be referred within twenty four (24) hours to the Board of Arbitration. Should the Board determine that it was ax* unfair discharge, the Employer shall reinstate...

Dispute Procedure. The aim is to avoid formal disputes, and to resolve disagreements at the lowest level possible. The customer service standards for both parties should be adhered to as a matter of course. However unresolved matters of dispute or disagreement may be progressed as indicated in the example below: For examples -

Dispute Procedure. 4.1. All disputes which occur within the implementation of the present agreement and cannot be settled in compliance with the arrangements of the Parties are to be settled juridical according to the existing legislation of the Kyrgyz Republic and _______________________, and in compliance with international law and international treaties.

Dispute Procedure. 11.1.1 If the Lessee does not accept that any determination made by the Lessor has been made and/or any Applicable Cash Flow (other than the Initial Cash Flow) or any adjustment thereto or to the Rental (or any adjustment thereto) has been prepared and/or calculated in accordance with the terms and provisions of this Lease, the Lessee may (without prejudice to its obligations to make payment hereunder in accordance with such Cash Flow and/or calculation pending determination of the matter as hereinafter provided) give notice to the Lessor within thirty (30) Banking Days of receiving a copy of such Cash Flow and/or calculation from the Lessor together with the Lessee's reasons for such non-acceptance. As soon as practicable after a notification under this paragraph 11.1.1 by the Lessee, if required in writing by the Lessee, the Lessor and the Lessee shall discuss with each other (and any relevant advisors) the determination in question. Such discussions shall be conducted conscientiously and in good faith and shall allow time for full consideration of the views of both parties of the issues concerned. 11.1.2 If the Lessor and the Lessee cannot agree the correctness or otherwise of such determination within a further period of twenty (20) Banking Days of the Lessee's notice referred to in paragraph 11.1.1, the Lessee's reasons together with the Lessor's determination, calculation and/or Cash Flow and/or any adjustment thereto and reasons therefor shall then be referred to the Auditors who shall act as experts and not as arbitrators and whose decision as to the correctness of such determination and/or calculations and/or Cash Flow and/or any adjustment thereto in accordance with the terms of this Lease shall, except in the case of manifest error until the same has been corrected, or save where paragraph 11.