Disputes for Expert Determination Sample Clauses

Disputes for Expert Determination. If the mediation referred to in clause 11.4 has not resulted in settlement of the dispute, any Party may, with the prior written consent of the other Party, refer the matter to expert determination in accordance with clause 11.6, such expert to act in accordance with the requirements of clauses 11.5, 11.6, 11.7, 11.8, 11.9, 11.10 and 11.11.
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Disputes for Expert Determination. Subject to paragraph 3(b), if a Technical Dispute has not been fully resolved within 15 Business Days of the Dispute Notice (or such other date as the Parties may agree), any one Party may, with the prior written consent notice of each to the other Parties, refer the matter to an expert agreed between the Parties for determination in accordance with paragraph 5 with such expert to act in accordance with paragraph 7.
Sample 1
Disputes for Expert Determination. If the mediation referred to in clause 2 of this Schedule 3 has not resulted in settlement of the dispute, Bluenite or the Council may, with the prior written consent of the other Party, refer the matter to expert determination in accordance with clause 4 of this Schedule 3, such expert to act in accordance with clause 6 of this Schedule 3.
Sample 1

Related to Disputes for Expert Determination

  • Issues for Expedited Arbitration (a) All grievances except those relating to the following shall be resolved by expedited arbitration:

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Credit for Experience A. Newly employed teachers will receive the equivalent year's credit for each year of experience. The experience granted will be equal to the FTE experience for each year worked. This credit will be granted if, in the judgment of the Superintendent, the teaching experience has been appropriate to the position which has been offered. For example, teaching experience at the secondary level may not be appropriate if the applicant is being considered for an elementary position. Placement on the salary schedule beginning with the 2017-18 contract year will be accomplished in the following manner:

  • PROCEDURES FOR EVALUATION A. The evaluations of school year employees covered by this agreement shall be completed no later than May 30 of each school year for 9-month employees and by June 30 for 10/12-month employees. The evaluation shall be reviewed with the employee, with a copy given to the employee at the conclusion of the review. An employee may present written comments, which shall be attached to the written evaluation document. The evaluator and employee shall sign the evaluation document. The employee’s signature does not constitute approval or disapproval, but only that the evaluation has been reviewed with the employee.

  • Prior Experience 3.4.6 The teacher is responsible for providing proof of experience satisfactory to the School Division in accordance with this article.

  • Board of Arbitration (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board.

  • Composition of Board of Arbitration When either party requests that a grievance be submitted to arbitration, the request shall be made by registered mail addressed to the other party of the Agreement, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two appointees shall select an impartial chairperson.

  • Composition of the Board of Arbitration When a party has requested that a grievance be submitted to arbitration, it shall indicate to the other party to the Agreement within seven days:

  • Expenses of Arbitration Board Each party shall pay:

  • Arbitration Board If the grievance is to be heard by a three-member arbitration board, the Union and the Employer shall each appoint a member of the arbitration board within five (5) days of notice of arbitration in accordance with Article

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