Common use of Disputes Committee Clause in Contracts

Disputes Committee. There is hereby established a National Disputes Committee consisting of one Carrier member and one Organization member signatories hereto, the jurisdiction of which shall be limited solely to the settlement of disputes as to how existing individual agreements between a Carrier and the UTU(E) should be changed to conform to this Agreement, as outlined in Paragraphs (A) and (B) below: (A) For the sole purpose of revising existing individual agreements so as to make them conform to this Agreement, a representative of each Carrier and the duly authorized representative of its employees shall, as expeditiously as possible, but in any event no later than forty-five days after the effective date of this Agreement, prepare and exchange in writing a list of agreement provisions which each party views as being superseded or modified by this Agreement. (B) As expeditiously as possible, but in any event no later than seventy-five days after the effective date of this Agreement, the Carrier representative will meet with the duly authorized representative of its employees for the purpose of deleting and/or modifying any agreement rules in conflict with this Agreement. (C) Any disputes arising solely in connection with the revising of individual agreements so as to make them conform to this Agreement and not settled on the property under the procedures outlined in Paragraphs (A) and (B) above may be referred by either party to the National Disputes Committee for a final and binding decision. Such disputes must be submitted within one hundred twenty days after the effective date of this Agreement in compliance with the agreed-to procedures applicable to the preparation, distribution and time- ly furnishing of submissions to the National Disputes Committee. (D) The National Disputes Committee shall meet and consider any disputes that have been docketed within three months after the effective date of this Agreement. Subsequent meetings will be held on agreed- upon dates, provided such dates are to be no later than six months and nine months following the effective date of this Agreement. After deciding all of the disputes that have been docketed at the beginning of the nine months meeting, the National Disputes Committee shall cease to exist. (E) In the event the National Disputes Committee is unable to reach a decision with respect to any sub- mitted dispute, the Committee shall endeavor to agree upon the selection of a neutral referee to act as a member thereof in the disposition of such submitted dispute. In the event the Committee is unable to agree upon the selection of a neutral referee to be a member of the Board for the consideration and disposition of such dispute, either member of the Committee, within ten days after their failure to agree upon a neutral ref- eree, may request the National Mediation Board to appoint such neutral referee. Upon receipt of such request the National Mediation Board shall promptly make such appointment. The neutral person so selected or appointed shall be compensated and reimbursed for expenses by the National Mediation Board. (F) The National Disputes Committee, with a neutral referee acting as a member thereof, will render deci- sions on deadlocked disputes no later than thirty days following the conclusion of proceedings. Any two members of the Disputes Committee shall be competent to render decisions. Such decisions shall be final and binding upon both parties.

Disputes Committee. There is hereby established a National Disputes Committee consisting Section 1 - Any dispute involving the interpretation or application of one Carrier member and one Organization member signatories hereto, any of the jurisdiction of which shall be limited solely to the settlement of disputes as to how existing individual agreements between a Carrier and the UTU(E) should be changed to conform to this Agreement, as outlined in Paragraphs (A) and (B) below: (A) For the sole purpose of revising existing individual agreements so as to make them conform to this Agreement, a representative of each Carrier and the duly authorized representative of its employees shall, as expeditiously as possible, but in any event no later than forty-five days after the effective date terms of this Agreement, prepare and exchange in writing a list of agreement provisions which each party views as being superseded or modified by this Agreement. (B) As expeditiously as possible, but in any event no later than seventy-five days after the effective date of this Agreement, the Carrier representative will meet with the duly authorized representative of its employees for the purpose of deleting and/or modifying any agreement rules in conflict with this Agreement. (C) Any disputes arising solely in connection with the revising of individual agreements so as to make them conform to this Agreement and not settled on the property under the procedures outlined in Paragraphs (A) and (B) above carrier may be referred by either party to the dispute for decision to a committee consisting of two members of the Carrier’s Conference Committees signatory to this agreement, two members of the Employees’ National Disputes Conference Committee for signatory to this agreement, and a final referee to be selected as hereinafter provided. The referee selected shall preside at the meetings of the committee and binding decisionact as chairman of the committee. Such disputes must A majority vote of the partisan members of the committee shall be submitted within one hundred twenty days after the effective date of this Agreement in compliance with the agreed-necessary to procedures applicable to the preparation, distribution and time- ly furnishing of submissions to the National Disputes Committee. (D) The National Disputes Committee shall meet and consider any disputes that have been docketed within three months after the effective date of this Agreement. Subsequent meetings will be held on agreed- upon datesdecide a dispute, provided that if such dates partisan members are to be no later than six months and nine months following the effective date of this Agreement. After deciding all of the disputes that have been docketed at the beginning of the nine months meeting, the National Disputes Committee shall cease to exist. (E) In the event the National Disputes Committee is unable to reach a decision with respect to any sub- mitted disputedecision, the Committee dispute shall endeavor to agree be decided by the referee. Decisions so arrived at shall be final and binding upon the selection parties to the dispute. Section 2 - The parties to this agreement will select a panel of a neutral referee three potential referees for the purpose of disposing of disputes pursuant to act as a member thereof in the disposition provisions of such submitted disputethis section. In If the event the Committee is parties are unable to agree upon the selection of a neutral referee to be a member the panel of potential referees within 30 days of the Board for the consideration and disposition of such dispute, either member date of the Committeesigning of this agreement, within ten days after their failure to agree upon a neutral ref- eree, may request the National Mediation Board to appoint such neutral referee. Upon receipt of such request the National Mediation Board shall promptly make be requested to name such appointmentreferee or referees as are necessary to fill the panel within five days after the receipt of such request. The neutral person so Each panel member selected or appointed shall be compensated and reimbursed for expenses by the National Mediation Board. (F) The National Disputes Committee, with a neutral referee acting serve as a member thereofof such panel for a period of one year, will render deci- sions on deadlocked disputes no later than thirty days following if available. Successors to the conclusion of proceedings. Any two members of the Disputes Committee panel shall be competent to render decisions. Such decisions appointed in the same manner as the original appointees. Section 3 - Disputes shall be final submitted to the committee by notice in writing to the Chairman of the National Railway Labor Conference and binding upon both partiesto the Chairman of the Employees’ National Conference Committee, signatories to this agreement, who shall within 10 days of receipt of such notice, designate the members of their respective committees who shall serve on the committee and arrange for a meeting of the committee to consider such disputes as soon as a panel referee is available to serve, and in no event more than 10 days thereafter. Decision shall be made at the close of the meeting if possible (such meeting not to continue for more than five days) but in any event within five days of the date such meeting is closed, provided that the partisan members of the committee may by mutual agreement extend the duration of the meeting and the period for decision. The notice provided for in this Section 3 shall state specifically the questions to be submitted to the committee for decision; and the committee shall confine itself strictly to decisions as to the questions so specifically submitted to it. Section 4 - Should any representative of a party to a dispute on any occasion fail or refuse to meet or act as provided in Section 3, then the dispute shall be regarded as decided in favor of the party whose representatives are not guilty of such failure or refusal and settled accordingly but without establishing a precedent for any other cases; provided that a partisan member of the committee may, in the absence of his partisan colleague, vote on behalf of both. Section 5 - The parties to the dispute will assume the compensation, travel expense and other expense of their respective partisan committee members. Unless other arrangements are made, the office, stenographic and other expenses of the committee, including compensation and expenses of the referee, shall be shared by the parties to the dispute.

Disputes Committee. There is hereby established a National Disputes Committee consisting Section 1 - Any dispute involving the interpretation or application of one Carrier member and one Organization member signatories hereto, any of the jurisdiction of which shall be limited solely to the settlement of disputes as to how existing individual agreements between a Carrier and the UTU(E) should be changed to conform to this Agreement, as outlined in Paragraphs (A) and (B) below: (A) For the sole purpose of revising existing individual agreements so as to make them conform to this Agreement, a representative of each Carrier and the duly authorized representative of its employees shall, as expeditiously as possible, but in any event no later than forty-five days after the effective date terms of this Agreement, prepare and exchange in writing a list of agreement provisions which each party views as being superseded or modified by this Agreement. (B) As expeditiously as possible, but in any event no later than seventy-five days after the effective date of this Agreement, the Carrier representative will meet with the duly authorized representative of its employees for the purpose of deleting and/or modifying any agreement rules in conflict with this Agreement. (C) Any disputes arising solely in connection with the revising of individual agreements so as to make them conform to this Agreement and not settled on the property under the procedures outlined in Paragraphs (A) and (B) above carrier may be referred by either party to the dispute for decision to a committee consisting of two members of the Carrier’s Conference Committees signatory to this agreement, two members of the Employees’ National Disputes Conference Committee for signatory to this agreement, and a final referee to be selected as hereinafter provided. The referee selected shall preside at the meetings of the committee and binding decisionact as chairman of the committee. Such disputes must A majority vote of the partisan members of the committee shall be submitted within one hundred twenty days after the effective date of this Agreement in compliance with the agreed-necessary to procedures applicable to the preparation, distribution and time- ly furnishing of submissions to the National Disputes Committee. (D) The National Disputes Committee shall meet and consider any disputes that have been docketed within three months after the effective date of this Agreement. Subsequent meetings will be held on agreed- upon datesdecide a dispute, provided that if such dates partisan members are to be no later than six months and nine months following the effective date of this Agreement. After deciding all of the disputes that have been docketed at the beginning of the nine months meeting, the National Disputes Committee shall cease to exist. (E) In the event the National Disputes Committee is unable to reach a decision with respect to any sub- mitted disputedecision, the Committee dispute shall endeavor to agree be decided by the referee. Decisions so arrived at shall be final and binding upon the selection parties to the dispute. Section 2 - The parties to this agreement will select a panel of a neutral referee three potential referees for the purpose of disposing of disputes pursuant to act as a member thereof in the disposition provisions of such submitted disputethis section. In If the event the Committee is parties are unable to agree upon the selection of a neutral referee to be a member the panel of potential referees within 30 days of the Board for the consideration and disposition of such dispute, either member date of the Committeesigning of this agreement, within ten days after their failure to agree upon a neutral ref- eree, may request the National Mediation Board to appoint such neutral referee. Upon receipt of such request the National Mediation Board shall promptly make be requested to name such appointmentreferee or referees as are necessary to fill the panel within five days after the receipt of such request. The neutral person so Each panel member selected or appointed shall be compensated and reimbursed for expenses by the National Mediation Board. (F) The National Disputes Committee, with a neutral referee acting serve as a member thereofof such panel for a period of one year, will render deci- sions on deadlocked disputes no later than thirty days following if available. Successors to the conclusion of proceedings. Any two members of the Disputes Committee panel shall be competent to render decisions. Such decisions appointed in the same manner as the original appointees. Section 3 - Disputes shall be final submitted to the committee by notice in writing to the Chairman of the National Railway Labor Conference and binding upon both partiesto the Chairman of the Employees’ National Conference Committee, signatories to this agreement, who shall within 10 days of receipt of such notice, designate the members of their respective committees who shall serve on the committee and arrange for a meeting of the committee to consider such disputes as soon as a panel referee is available to serve, and in no event more than 10 days thereafter. Decision shall be made at the close of the meeting if possible (such meeting not to continue for more than five days) but in any event within five days of the date such meeting is closed, provided that the partisan members of the committee may by mutual agreement extend the duration of the meeting and the period for decision. The notice provided for in this Section 3 shall state specifically the questions to be submitted to the committee for decision; and the committee shall confine itself strictly to decisions as to the questions so specifically submitted to it. Section 4 - Should any representative of a party to a dispute on any occasion fail or refuse to meet or act as provided in Section 3, then the dispute shall be regarded as decided in favor of the party whose representatives are not guilty of such failure or refusal and settled accordingly but without establishing a precedent for any other cases; provided that a partisan member of the committee may, in the absence of the employee’s partisan colleague, vote on behalf of both. Section 5 - The parties to the dispute will assume the compensation, travel expense and other expense of their respective partisan committee members. Unless other arrangements are made, the office, stenographic and other expenses of the committee, including compensation and expenses of the referee, shall be shared by the parties to the dispute.