FINAL OFFER SELECTION. 21.1 If required in the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used. 1. The parties to this Collective Agreement, having agreed to commence negotiations for the renewal of this Collective Agreement, if and when notice is properly given, agree to negotiate in good faith with a view to reaching agreement on a renewal of this Collective Agreement. 2. The parties agree to enter into and proceed through negotiations and further agree that each will make every reasonable effort to reach agreement on the provisions for the renewal of this Collective Agreement. 3. Should the parties reach an impasse in direct negotiations for the renewal of this Agreement, they mutually agree to submit all outstanding matters to Final Offer Selection as hereinafter provided. (a) The parties shall meet and agree on which items remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 above. (b) The items outstanding shall be divided into non-monetary clauses and monetary clauses. (c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure. (d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector. (e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector. (f) The Selector shall receive from each of the parties to this Agreement a written statement or brief outlining each of the respective parties’ positions on the non-monetary and monetary provisions within seven (7) days of his or her appointment or selection and shall elect either the Company or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisions. (g) The parties may mutually agree that their best interests would be served by the Selector convening a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties will submit their final proposals on all outstanding issues by registered mail within the seven
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
FINAL OFFER SELECTION. 21.1 If required in the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed to commence negotiations for the renewal of this Collective Agreement, if and when notice is properly given, agree to negotiate in good faith with a view to reaching agreement on a renewal of this Collective Agreement.
2. The parties agree to enter into and proceed through negotiations and further agree that each will make every reasonable effort to reach agreement on the provisions for the renewal of this Collective Agreement.
3. Should the parties reach an impasse in direct negotiations for the renewal of this Agreement, they mutually agree to submit all outstanding matters to Final Offer Selection as hereinafter provided.
(a) The parties shall meet and agree on which items remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 above.
(b) The items outstanding shall be divided into non-non- monetary clauses and monetary clauses.
(c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) The Selector shall receive from each of the parties to this Agreement a written statement or brief outlining each of the respective parties’ positions on the non-non- monetary and monetary provisions within seven (7) days of his or her appointment or selection and shall elect either the Company or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisions.
(g) The parties may mutually agree that their best interests would be served by the Selector convening a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties will submit their final proposals on all outstanding issues by registered mail within the sevenseven (7) days specified above or they shall waive all rights under this provision and the Selector is instructed to proceed with the written statements or briefs which are properly filed with the Selector within the time limits specified above.
(h) The Selector shall render his or her decision within twenty-eight (28) days of his or her selection or appointment and said decision shall be final and binding on all parties to this Agreement.
(i) Each party shall pay the cost of any witnesses it requires if a meeting (as provided for in Section 4(g) above) is held and the parties shall share equally the cost of the Selector.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
FINAL OFFER SELECTION. 21.1 If required in 39.01 The Employer and the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed Union agree to commence negotiations for the renewal of this the existing Collective Agreement, if Agreement between them once notice has been properly given in accordance with the terms of said Collective Agreement and when notice is properly given, the Employer and the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of this said existing Collective Agreement.
2. 39.02 The parties Employer and the Union agree to enter into and proceed through negotiations and further agree that each will shall make every reasonable effort to reach agreement on the provisions for the renewal of this the existing Collective Agreement.
3. 39.03 Should the parties Employer and the Union reach an impasse in direct negotiations for the renewal of this the above-mentioned Agreement, they mutually agree to submit all extend said Agreement in its entirety and to forego the right to strike or lock out. All outstanding matters shall then be submitted to Final Offer Selection final offer selection as hereinafter provided.:
(a) The parties Employer and the Union shall meet and agree on which items proposals remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 aboveimpasse.
(b) The items outstanding Selector shall be divided into non-monetary clauses selected by mutual agreement between the Employer and monetary clausesthe Union if at all possible. If no agreement is reached on the person who shall act as Selector, either party may then request The Manitoba Labour Board to make the appointment.
(c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) The Selector shall receive from each of the parties to this Agreement a written statement or brief from the Employer and the Union outlining each of the their respective parties’ positions on the non-monetary and monetary provisions outstanding proposals within seven fourteen (714) days of his or her appointment or selection their appointment, and shall elect select either the Company Employer or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisionssettlement.
(gd) The parties Employer and the Union may mutually agree that their best interests would be served by having the Selector convening convene a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties will Employer and the Union shall submit their final proposals positions on all outstanding issues proposals by registered mail mail, to the Selector, within the sevenfourteen (14) days specified above, or they shall waive all rights under this provision, and the Selector is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above.
(e) The Selector shall render a decision within twenty-eight (28) days of their appointment and said decision shall be final and binding on all parties to this Agreement.
(f) The Employer and the Union shall pay the cost of their witnesses if required. The Employer and the Union shall equally share the cost of the Selector.
39.04 This procedure shall terminate effective with the renewal of any Collective Agreement reached as a result of its use. It may be further renewed only by mutual agreement between the Employer and the Union.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
FINAL OFFER SELECTION. 21.1 If required in 24.01 The Employer and the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed Union agree to commence negotiations for the renewal of this Collective Agreement, if this
24.02 The Employer and when notice is properly given, agree to negotiate in good faith with a view to reaching agreement on a renewal of this Collective Agreement.
2. The parties the Union agree to enter into and proceed through negotiations and further agree that each will shall make every reasonable effort to reach agreement on the provisions for the renewal of this Collective the Agreement.
3. 24.3 Should the parties Employer and the Union reach an impasse in direct negotiations for the renewal of this the Agreement, they mutually agree to submit all extend said Agreement in its entirety and to forego the right to strike or lockout. All outstanding matters shall then be submitted to Final Offer Selection final offer selection as hereinafter provided.
(a) a. The parties Employer and the Union shall meet and agree on which items proposals remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 above.
(b) The items outstanding impasse. Each of these proposals shall then be divided placed into either a monetary grouping or a non-monetary clauses and monetary clausesgrouping.
(c) b. The parties agree that they Selector shall attempt to agree be selected by mutual agreement between the Employer and the Union if at all possible. If no agreement is reached on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to who shall act as Selector, then they shall either party may then" request the Manitoba Ontario Labour Relations Board to appoint make the person to act as such Selectorappointment.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) c. The Selector shall receive from each of the parties to this Agreement a written statement or brief from the Employer and the Union outlining their respective positions on each of the respective parties’ positions on the non-monetary and monetary provisions groupings referred to in (a) above within seven fourteen (714) days of his or his/her appointment or selection appointment, and shall elect select either the Company entire Employer position or the entire Union position as outlined by them for each of the groupings as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisionssettlement.
(g) d. The parties Employer and the Union may mutually agree that their best interests interest would be served by having the Selector convening convene a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties will Employer and the Union shall submit their final proposals positions on all outstanding issues proposals by registered mail mail, to the Selector, within fourteen (14) days specified above, or they shall waive all rights under this provision, and the Selector is instructed to proceed with the written statements or briefs which are properly filed within the seventime specified above.
e. The Selector shall render his/her decision within twenty-eight (28) days of his/her appointment and said decision shall be final and binding on all parties to this Agreement.
f. The Employer and the Union shall pay the cost of their witnesses if required. The Employer and the Union shall equally share the cost of the Selector.
Appears in 1 contract
Samples: Collective Agreement
FINAL OFFER SELECTION. 21.1 If required in 42.01 The Employer and the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed Union agree to commence negotiations for the renewal of this the existing Collective Agreement, if Agreement between them once notice has been properly given in accordance with the terms of said Collective Agreement and when notice is properly given, the Employer and the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of this said existing Collective Agreement.
2. 42.02 The parties Employer and the Union agree to enter into and proceed through negotiations and further agree that each will shall make every reasonable effort to reach agreement on the provisions for the renewal of this the existing Collective Agreement.
3. 42.03 Should the parties Employer and the Union reach an impasse in direct negotiations for the renewal of this the above-mentioned Agreement, they mutually agree to submit all extend said Agreement in its entirety and to forego the right to strike or lockout. All outstanding matters shall then be submitted to Final Offer Selection final offer selection as hereinafter provided.:
(a) The parties Employer and the Union shall meet and agree on which items proposals remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 aboveimpasse. Each of these proposals shall then be placed into either a monetary grouping or a non- monetary grouping.
(b) The items outstanding Selector shall be divided into non-monetary clauses selected by mutual agreement between the Employer and monetary clausesthe Union if at all possible. If no agreement is reached on the person who shall act as Selector, either party may then request The Manitoba Labour Board to make the appointment.
(c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) The Selector shall receive from each of the parties to this Agreement a written statement or brief from the Employer and the Union outlining their respective positions on each of the respective parties’ positions on the non-monetary and monetary provisions groupings referred to in (a) above within seven fourteen (714) days of his or her appointment or selection appointment, and shall elect select either the Company entire Employer position or the entire Union position as outlined by them for each of the groupings as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisionssettlement.
(gd) The parties Employer and the Union may mutually agree that their best interests would be served by having the Selector convening convene a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties will Employer and the Union shall submit their final proposals positions on all outstanding issues proposals by registered mail mail, to the Selector, within the sevenfourteen (14) days specified above, or they shall waive all rights under this provision, and the Selector is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above.
(e) The Selector shall render his or her decision within twenty-eight
Appears in 1 contract
Samples: Collective Agreement
FINAL OFFER SELECTION. 21.1 If required in 29.01 The Company and the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed Union agree to commence negotiations for the renewal of this the existing Collective Agreement between them once notice has been properly given in accordance with terms of said Collective Agreement, if . The Company and when notice is properly given, the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of this said existing Collective Agreement.
2. The parties agree to enter into and proceed through negotiations and further agree that each will make every reasonable effort to reach agreement on the provisions for the renewal of this Collective Agreement.
3. 29.02 Should the parties Company and the Union reach an impasse in direct negotiations for the renewal of this the above mentioned Collective Agreement, they mutually agree to submit all extend said Agreement in its entirety and shall forego the right to strike or lockout. All outstanding matters will then be submitted to Final Offer Selection final offer selection as hereinafter herein provided.:
(a) The parties Company and the Union shall meet and agree on which items proposals remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 aboveimpasse. The final differing positions submitted to the Selector will be confined to these agreed outstanding issues.
(b) The items outstanding This single Selector shall be divided into non-monetary clauses and monetary clauses.chosen in rotation from a list consisting of: • Xxxxxxx Xxxxxx • Xxxxx Xxxx
(c) The parties agree that If any individual member from the above list who, having been requested in their turn to act as Selector, shall be unable or unwilling to act, they shall attempt to agree on the name of the person not again be requested to act as Selector until their name comes up again on the regular rotation of this Final Offer Selection method procedurethe list.
(d) If The Selector shall receive a written statement or brief (“Submissions”) from the parties cannot agree Company and the Union, outlining each of their respective positions on a person the outstanding proposals, within fourteen (14) days of their appointment. The Selector will also receive copies of all agreed changes. Upon receiving both Parties’ Submissions the selector shall simultaneously release one copy of each party’s Submissions to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selectoropposing party.
(e) The parties agree Selector shall only have the jurisdiction and authority to submit their respective final proposals select either the entire Company position or the entire Union position as the basis for settlement of the new Agreement. The Selector shall have full jurisdiction to rule on any dispute that may arise in the non-monetary provisions which remain outstanding between the parties application and implementation of this Article 29 and they further agree to submit their final proposals on may establish the monetary provisions which remain outstanding between procedure for the parties conduct of the hearing contemplated under Article 29.02 (f), except to the person agreed or appointed to act as Selectorextent that it would conflict with the terms of this Article 29.
(f) The Selector shall receive from each convene a meeting of both parties within thirty (30) days of their appointment for the purpose of hearing explanation of the final positions which have been submitted. The Selector shall give full opportunity to the parties to this Agreement a written statement or brief outlining each present evidence and argument in support of and in response to the respective partiespositions outlined in the Parties’ positions on the non-monetary and monetary provisions within seven (7) days of his or her appointment or selection and shall elect either the Company or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisionssubmissions.
(g) The parties may mutually agree that their best interests would be served Within ten (10) days of the meeting the Selector shall select either the entire position advanced by the Selector convening a meeting rather than receiving Company or the positions of entire position advanced by the Union as outlined in its respective Submission and notify the parties in writingwriting of the selection they have made. Failing such The Selector’s selection is final and binding on the Parties and it shall immediately become the Collective Agreement that is in force and effect between the Company and the Union. Upon receiving notice of the Selector’s selection, either Party may request the Selector’s written reasons for same and the Selector shall provide said written reasons within sixty (60) days.
(h) The Company and the Union shall each pay one-half of the fees and expenses of the Selector.
(i) This procedure shall terminate effective with the renewal of any Collective Agreement reached as a result of its use. It may further be renewed only by mutual agreement, agreement between the parties will submit their final proposals on all outstanding issues by registered mail within Company and the sevenUnion.
Appears in 1 contract
Samples: Collective Bargaining Agreement
FINAL OFFER SELECTION. 21.1 If required in 34.01 The Employer and the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed Union agree to commence negotiations for the renewal of this the existing Collective Agreement, if Agreement between them once notice has been properly given in accordance with the terms of said Collective Agreement and when notice is properly given, the Employer and the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of this said existing Collective Agreement.
2. 34.02 The parties Employer and the Union agree to enter into and proceed through negotiations and further agree that each will shall make every reasonable effort to reach agreement on the provisions for the renewal of this the existing Collective Agreement.
3. 34.03 Should the parties Employer and the Union reach an impasse in direct negotiations for the renewal of this the above-mentioned Agreement, they mutually agree to submit all extend said Agreement in its entirety and to forego the right to strike or lock out. All outstanding matters shall then be submitted to Final Offer Selection final offer selection as hereinafter provided.:
(a) The parties Employer and the Union shall meet and agree on which items proposals remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 aboveimpasse.
(b) The items outstanding Selector shall be divided into non-monetary clauses selected by mutual agreement between the Employer and monetary clausesthe Union if at all possible. If no agreement is reached on the person who shall act as Selector, either party may then request The Manitoba Labour Board to make the appointment.
(c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) The Selector shall receive from each of the parties to this Agreement a written statement or brief from the Employer and the Union outlining each of the their respective parties’ positions on the non-monetary and monetary provisions outstanding proposals within seven fourteen (714) days of his or her appointment or selection their appointment, and shall elect select either the Company Employer or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisionssettlement.
(gd) The parties Employer and the Union may mutually agree that their best interests would be served by having the Selector convening convene a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties will Employer and the Union shall submit their final proposals positions on all outstanding issues proposals by registered mail mail, to the Selector, within the sevenfourteen (14) days specified above, or they shall waive all rights under this provision, and the Selector is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above.
(e) The Selector shall render a decision within twenty-eight (28) days of their appointment and said decision shall be final and binding on all parties to this Agreement.
(f) The Employer and the Union shall pay the cost of their witnesses if required. The Employer and the Union shall equally share the cost of the Selector.
34.04 This procedure shall terminate effective with the renewal of any Collective Agreement reached as a result of its use. It may be further renewed only by mutual agreement between the Employer and the Union.
Appears in 1 contract
Samples: Collective Agreement
FINAL OFFER SELECTION. 21.1 If required in 44.01 The Co-operative and the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed Union agree to commence negotiations for the renewal of this the existing Collective Agreement, if Agreement between them once notice has been properly given in accordance with the terms of said Collective Agreement and when notice is properly given, the Co-operative and the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of this said existing Collective Agreement.
2. 44.02 The parties Co-operative and the Union agree to enter into and proceed through negotiations and further agree that each will make every reasonable effort to reach agreement on the provisions for the renewal of this the existing Collective Agreement.
3. 44.03 Should the parties Co-operative and the Union reach an impasse in direct negotiations for the renewal of this the above-mentioned Agreement, they mutually agree to submit all extend said Agreement in its entirety and to forego the right to strike or lock out. All outstanding matters will then be submitted to Final Offer Selection final offer selection as hereinafter provided.:
(a) The parties Co-operative and the Union shall meet and agree on which items proposals remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 aboveimpasse.
(b) The items outstanding Selector shall be divided into nonselected by mutual agreement between the Co-monetary clauses operative and monetary clausesthe Union if at all possible. If no agreement is reached on the person who will act as Selector, either party may then request The Manitoba Labour Board to make the appointment.
(c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) The Selector shall receive from each of the parties to this Agreement a written statement or brief from the Co- operative and the Union, outlining each of the their respective parties’ positions on the non-monetary and monetary provisions outstanding proposals, within seven fourteen (714) days of his or her appointment or selection appointment, and shall elect select either the Company Co-operative or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisionssettlement.
(gd) The parties Co-operative and the Union may mutually agree that their best interests would be served by having the Selector convening convene a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties Co-operative and the Union will submit their final proposals positions on all outstanding issues proposals by registered mail mail, to the Selector, within the sevenfourteen (14) days specified above, or they shall waive all rights under this provision, and the Selector is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above.
(e) The Selector shall render his or her decision within twenty-eight
Appears in 1 contract
Samples: Collective Agreement
FINAL OFFER SELECTION. 21.1 19.01 If required in the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed to commence negotiations for the renewal of this Collective Agreement, if and when notice is properly given, agree to negotiate in good faith with a view to reaching agreement on a renewal of this Collective Agreement.
2. The parties agree to enter into and proceed through negotiations and further agree that each will make every reasonable effort to reach agreement on the provisions for the renewal of this Collective Agreement.
3. Should the parties reach an impasse in direct negotiations for the renewal of this Agreement, they mutually agree to submit all outstanding matters to Final Offer Selection as hereinafter provided.
(a) The parties shall meet and agree on which items remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 above.
(b) The items outstanding shall be divided into non-monetary clauses and monetary clauses.
(c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) The Selector shall receive from each of the parties to this Agreement a written statement or brief outlining each of the respective parties’ positions on the non-monetary and monetary provisions within seven (7) days of his or her their appointment or selection and shall elect either the Company Employer or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisions.
(g) The parties may mutually agree that their best interests would be served by the Selector convening a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties will submit their final proposals on all outstanding issues by registered mail within the sevenseven (7) days specified above or they shall waive all rights under this provision and the Selector is instructed to proceed with the written statements or briefs which are properly filed with the Selector within the time limits specified above.
(h) The Selector shall render his or her decision within twenty- eight (28) days of his or her selection or appointment and said decision shall be final and binding on all parties to this Agreement.
(i) Each party shall pay the cost of any witnesses it requires if a meeting (as provided for in Section 4(g) above) is held and the parties shall share equally the cost of the Selector.
Appears in 1 contract
Samples: Collective Agreement
FINAL OFFER SELECTION. 21.1 If required in 39.01 The Company and the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed Union agree to commence negotiations for the renewal of this the existing Collective Agreement, if Agreement between them once notice has been properly given in accordance with the terms of said Collective Agreement and when notice is properly given, the Company and the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of this said existing Collective Agreement.
2. 39.02 The parties Company and the Union agree to enter into and proceed through negotiations and further agree that each will shall make every reasonable effort to reach agreement on the provisions for the renewal of this the existing Collective Agreement.
3. 39.03 Should the parties Company and the Union reach an impasse in direct negotiations for the renewal of this the above-mentioned Agreement, they mutually agree to submit all extend said Agreement in its entirety and to forego the right to strike or lockout. All outstanding matters shall then be submitted to Final Offer Selection final offer selection as hereinafter provided.:
(a) The parties Company and the Union shall meet and agree on which items proposals remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 aboveimpasse.
(b) The items outstanding Selector shall be divided into non-monetary clauses selected by mutual agreement between the Company and monetary clausesthe Union if at all possible. If no agreement is reached on the person who shall act as Selector, either party may then request The Manitoba Labour Board to make the appointment.
(c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) The Selector shall receive from each of the parties to this Agreement a written statement or brief from the Company and the Union outlining each of the their respective parties’ positions on the non-monetary and monetary provisions outstanding proposals within seven fourteen (714) days of his or her appointment or selection appointment, and shall elect select either the Company or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisionssettlement.
(gd) The parties Company and the Union may mutually agree that their best interests would be served by having the Selector convening convene a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties will Company and the Union shall submit their final proposals positions on all outstanding issues proposals by registered mail mail, to the Selector, within the sevenfourteen (14) days specified above, or they shall waive all rights under this provision, and the Selector is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above.
(e) The Selector shall render his or her decision within twenty-eight
Appears in 1 contract
Samples: Collective Agreement
FINAL OFFER SELECTION. 21.1 If required in 44.01 The Co-operative and the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed Union agree to commence negotiations for the renewal of this the existing Collective Agreement, if Agreement between them once notice has been properly given in accordance with the terms of said Collective Agreement and when notice is properly given, the Co-operative and the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of this said existing Collective Agreement.
2. 44.02 The parties Co-operative and the Union agree to enter into and proceed through negotiations and further agree that each will make every reasonable effort to reach agreement on the provisions for the renewal of this the existing Collective Agreement.
3. 44.03 Should the parties Co-operative and the Union reach an impasse in direct negotiations for the renewal of this the above-mentioned Agreement, they mutually agree to submit all extend said Agreement in its entirety and to forego the right to strike or lock out. All outstanding matters will then be submitted to Final Offer Selection final offer selection as hereinafter provided.:
(a) The parties Co-operative and the Union shall meet and agree on which items proposals remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 aboveimpasse.
(b) The items outstanding Selector shall be divided into nonselected by mutual agreement between the Co-monetary clauses operative and monetary clausesthe Union if at all possible. If no agreement is reached on the person who will act as Selector, either party may then request The Manitoba Labour Board to make the appointment.
(c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) The Selector shall receive from each of the parties to this Agreement a written statement or brief from the Co-operative and the Union, outlining each of the their respective parties’ positions on the non-monetary and monetary provisions outstanding proposals, within seven fourteen (714) days of his or her appointment or selection their appointment, and shall elect select either the Company Co-operative or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisionssettlement.
(gd) The parties Co-operative and the Union may mutually agree that their best interests would be served by having the Selector convening convene a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties Co-operative and the Union will submit their final proposals positions on all outstanding issues proposals by registered mail mail, to the Selector, within the sevenfourteen (14) days specified above, or they shall waive all rights under this provision, and the Selector is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above.
(e) The Selector shall render their decision within twenty-eight (28) days of their appointment, and said decision shall be final and binding on all parties to this Agreement.
(f) The Co-operative and the Union shall pay the cost of their witnesses if required. The Co-operative and the Union shall equally share the cost of the Selector.
44.04 This procedure shall terminate effective with the renewal of any Collective Agreement reached as a result of its use. It may be further renewed only by mutual agreement between the Co-operative and the Union.
Appears in 1 contract
Samples: Collective Agreement
FINAL OFFER SELECTION. 21.1 If required in 44.01 The Co-operative and the renegotiation of this Agreement, the following shall be the Final Offer Selection procedure to be used.
1. The parties to this Collective Agreement, having agreed Union agree to commence negotiations for the renewal of this the existing Collective Agreement, if Agreement between them once notice has been properly given in accordance with the terms of said Collective Agreement and when notice is properly given, the Co-operative and the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of this said existing Collective Agreement.
2. 44.02 The parties Co-operative and the Union agree to enter into and proceed through negotiations and further agree that each will make every reasonable effort to reach agreement on the provisions for the renewal of this the existing Collective Agreement.
3. 44.03 Should the parties Co-operative and the Union reach an impasse in direct negotiations for the renewal of this the above-mentioned Agreement, they mutually agree to submit all extend said Agreement in its entirety and to forego the right to strike or lockout. All outstanding matters will then be submitted to Final Offer Selection final offer selection as hereinafter provided.:
(a) The parties Co-operative and the Union shall meet and agree on which items proposals remain outstanding between them within seven (7) days of the date of reaching such impasse as set forth in paragraph 3 aboveimpasse.
(b) The items outstanding Selector shall be divided into nonselected by mutual agreement between the Co-monetary clauses operative and monetary clausesthe Union if at all possible. If no agreement is reached on the person who will act as Selector, either party may then request The Manitoba Labour Board to make the appointment.
(c) The parties agree that they shall attempt to agree on the name of the person to act as Selector of this Final Offer Selection method procedure.
(d) If the parties cannot agree on a person to act as Selector, then they shall request the Manitoba Labour Board to appoint the person to act as such Selector.
(e) The parties agree to submit their respective final proposals on the non-monetary provisions which remain outstanding between the parties and they further agree to submit their final proposals on the monetary provisions which remain outstanding between the parties to the person agreed or appointed to act as Selector.
(f) The Selector shall receive from each of the parties to this Agreement a written statement or brief from the Co- operative and the Union, outlining each of the their respective parties’ positions on the non-monetary and monetary provisions outstanding proposals, within seven fourteen (714) days of his or her appointment or selection appointment, and shall elect select either the Company Co-operative or the Union position as outlined by them as the basis for settlement of those items contained in each of the groupings of monetary and non-monetary provisionssettlement.
(gd) The parties Co-operative and the Union may mutually agree that their best interests would be served by having the Selector convening convene a meeting rather than receiving the positions of the parties in writing. Failing such mutual agreement, the parties Co-operative and the Union will submit their final proposals positions on all outstanding issues proposals by registered mail mail, to the Selector, within the sevenfourteen (14) days specified above, or they shall waive all rights under this provision, and the Selector is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above.
(e) The Selector shall render his or her decision within twenty-eight
Appears in 1 contract
Samples: Collective Bargaining Agreement