Common use of Final Settlement of Disputes Clause in Contracts

Final Settlement of Disputes. 33.1 Failing settlement in accordance with the last step of Article 32 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work. 33.2 The request for arbitration must be made in writing by either party to the other within 45 calendar days from the date the decision was rendered by the Company in the last step of the Grievance Procedure. If the request is not so made the matter will be considered to have been satisfactorily settled and shall not be processed to arbitration. 33.3 The party requesting arbitration shall submit with its request the names of three potential arbitrators. If the other party does not agree to at least one of the nominees so proposed, it shall in its turn submit within 21 calendar days to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator, and his selection shall be final. 33.4 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 33.5 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he shall have no power to add to, or subtract from or modify any of the terms of the Agreement. 33.6 The arbitrator shall render his decision, in writing together with his written reasons to the parties concerned within 30 calendar days following the conclusion of the hearing. 33.7 The Company and the Guild shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally. 33.8 The time limits as provided herein may be extended by mutual agreement.

Final Settlement of Disputes. 33.1 Failing settlement in accordance with 8.1 If the last step of Article 32 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work. 33.2 The request for arbitration must be made in writing by either party to the other within 45 calendar days from the date the decision was rendered by the Company in the last step grievance is not settled at Step 2 of the Grievance Procedure, it may be progressed to arbitration before a single arbitrator without stoppage of work by written notice to the person designated by the Company or the designated union representative within 28 calendar days following the receipt of the decision at Step 2 or the due date of such decision if not received. If not submitted within the request is not so made time stipulated the matter will grievance shall be considered to have been satisfactorily settled and shall not be processed to arbitrationon the basis of the last decision. 33.3 8.2 With the intention of having a simplified and accelerated system of Arbitration, an expedited Arbitration process may be used with mutual agreement by the parties. If such process is agreed to by the parties for the resolution of the grievance, it is understood that both parties will meet within thirty (30) calendar days establish the guidelines for the expedited process. 8.3 The party requesting arbitration shall submit with its request the names of three potential arbitrators. If the other party does not agree to at least one of the nominees so proposed, it shall in its turn submit within 21 calendar days to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator, and his that selection shall be final. 33.4 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 33.5 8.4 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he the arbitrator shall have no power to add to, or subtract from or modify any of the terms of the Agreement. 33.6 8.5 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 8.6 The arbitrator shall render his decision, the decision in writing together with his written reasons to the parties concerned within 30 calendar days following the conclusion of the hearing. The arbitrator’s decision shall be final and bind the Company, the Union, and the employee(s) concerned. 33.7 8.7 The Company company and the Guild union shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally. 33.8 8.8 Twenty-eight (28) calendar days following the receipt of the decision at Step 2 or the due date of such decision if not received, either party may request that the grievance proceed to mediation through the Federal Mediation Conciliation Services (FMCS) program. Should the parties agree to proceed to mediation, a joint request to FMCS shall be made. If a resolution is not reached in the mediation process, either party may progress the grievance to arbitration in accordance with Article 8.1 within twenty-eight (28) calendar days from the completion date of mediation. 8.9 All time limit restrictions in Article 8 will be automatically suspended between the period of December 22 and January 5 inclusive each year, and will recommence as of January 6. 8.10 The time limits as provided herein may be extended by mutual agreement.

Final Settlement of Disputes. 33.1 8.1 Failing settlement in accordance with the last step of Article 32 7.1 the dispute may be referred by either party the Chairman USWA/XXX Council or the appropriate officer of the Company to a single arbitrator for final and binding settlement without stoppage of work. 33.2 The request for arbitration must be made in writing by either party 8.2 Any grievance which is not settled to the other satisfaction of the Union or the Company may be progressed to arbitration by written notice to the Director of Human Resources or the President within 45 thirty (30) calendar days from following the date receipt of the decision was rendered at Step 2 or the due date of such decision if not received. If not submitted within the time stipulated the grievance shall be considered settled on the basis of the last decision. 8.3 With the intention of having a simplified and accelerated system of Arbitration, an expedited Arbitration process may be used with mutual agreement by the Company in parties. If such process is agreed to by the last step parties for the resolution of the Grievance Procedure. If grievance, it is understood that both parties will meet within thirty (30) calendar days establish the request is not so made guidelines for the matter will be considered to have been satisfactorily settled and shall not be processed to arbitrationexpedited process. 33.3 8.4 The party requesting arbitration shall submit with its request the names of three potential arbitrators. If the other party does not agree to at least one of the nominees so proposed, it shall in its turn submit within 21 calendar days to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator, and his that selection shall be final. 33.4 8.5 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 33.5 8.6 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he the arbitrator shall have no power to add to, or subtract from or modify any of the terms of the Agreement. 33.6 8.7 The arbitrator shall render his the decision, in writing together with his written reasons therefore, to the parties concerned within 30 calendar days following the conclusion of the hearing. 33.7 8.8 The Company and the Guild Union shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally. 33.8 8.9 The time limits as provided herein may be extended by mutual agreement.

Final Settlement of Disputes. 33.1 ‌ 39.1 Failing settlement in accordance with the last step of Article 32 38 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work. 33.2 39.2 The request for arbitration must be made in writing by either party to the other within 45 calendar days from the date the decision was rendered by the Company in the last step of the Grievance Procedure. If the request is not so made the matter will be considered to have been satisfactorily settled and shall not be processed to arbitration. 33.3 39.3 The party requesting arbitration shall submit with its request the names of up to a maximum of three potential arbitrators. If the other party does not agree to at least one of the nominees arbitrators so proposed, it shall in its turn submit propose up to a maximum of three arbitrators within 21 calendar days to from receipt of the other party a further list of three arbitratorsrequesting party’s submission. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator, and his the Minister’s selection shall be final. 33.4 39.4 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 33.5 39.5 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he shall have no power to add to, or subtract from or modify any of the terms of the Agreement.of 33.6 39.6 The arbitrator shall render his decision, in writing together with his written reasons therefore, to the parties concerned within 30 calendar days following the conclusion of the hearing. 33.7 39.7 The Company and the Guild Union shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally. 33.8 39.8 The time limits as provided herein may be extended by mutual agreement.

Final Settlement of Disputes. 33.1 38.1 Failing settlement in accordance with the last step of Article 32 37 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work. 33.2 38.2 The request for arbitration must be made in writing by either party to the other within 45 calendar days from the date the decision was rendered by the Company in the last step of the Grievance Procedure. If the request is not so made the matter will be considered to have been satisfactorily settled and shall not be processed to arbitration. 33.3 38.3 The party requesting arbitration shall submit with its request the names of three potential arbitrators. If the other party does not agree to at least one of the nominees so proposed, it shall in its turn submit within 21 calendar days to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator, and his selection shall be final. 33.4 38.4 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 33.5 38.5 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he shall have no power to add to, or subtract from or modify any of the terms of the Agreement. 33.6 38.6 The arbitrator shall render his decision, in writing together with his written reasons therefore, to the parties concerned within 30 calendar days following the conclusion of the hearing. 33.7 38.7 The Company and the Guild Union shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally. 33.8 38.8 The time limits as provided herein may be extended by mutual agreement.

Final Settlement of Disputes. 33.1 37.1 Failing settlement in accordance with the last step of Article 32 36 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work. 33.2 37.2 The request for arbitration must be made in writing by either party to the other within 45 calendar days from the date the decision was rendered by the Company in the last step of the Grievance Procedure. If the request is not so made the matter will be considered to have been satisfactorily settled and shall not be processed to arbitration. 33.3 37.3 The party requesting arbitration shall submit with its request the names of three potential arbitrators. If the other party does not agree to at least one of the nominees so proposed, it shall in its turn submit within 21 calendar days to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator, and his selection shall be final. 33.4 37.4 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 33.5 37.5 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he shall have no power to add to, or subtract from or modify any of the terms of the Agreement. 33.6 37.6 The arbitrator shall render his decision, in writing together with his written reasons therefore, to the parties concerned within 30 calendar days following the conclusion of the hearing. 33.7 37.7 The Company and the Guild Union shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally. 33.8 37.8 The time limits as provided herein may be extended by mutual agreement.

Final Settlement of Disputes. 33.1 ‌ 38.1 Failing settlement in accordance with the last step of Article 32 37 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work. 33.2 38.2 The request for arbitration must be made in writing by either party to the other within 45 calendar days from the date the decision was rendered by the Company in the last step of the Grievance Procedure. If the request is not so made the matter will be considered to have been satisfactorily settled and shall not be processed to arbitration. 33.3 38.3 The party requesting arbitration shall submit with its request the names of three potential arbitrators. If the other party does not agree to at least one of the nominees so proposed, it shall in its turn submit within 21 calendar days to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator, and his selection shall be final. 33.4 38.4 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 33.5 38.5 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he shall have no power to add to, or subtract from or modify any of the terms of the Agreement. 33.6 38.6 The arbitrator shall render his decision, in writing together with his written reasons therefore, to the parties concerned within 30 calendar days following the conclusion of the hearing. 33.7 38.7 The Company and the Guild Union shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally. 33.8 38.8 The time limits as provided herein may be extended by mutual agreement.

Final Settlement of Disputes. 33.1 38.1 Failing settlement in accordance with the last step of Article 32 37 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work. 33.2 38.2 The request for arbitration must be made in writing by either party to the other within 45 calendar days from the date the decision was rendered by the Company in the last step of the Grievance Procedure. If the request is not so made the matter will be considered to have been satisfactorily settled and shall not be processed to arbitration. 33.3 38.3 The party requesting arbitration shall submit with its request the names of three potential arbitrators. If the other party does not agree to at least one of the nominees so proposed, it shall in its turn submit within 21 calendar days to the other party a further list of three arbitrators. If not agreed, each party may make an additional submission of up to three arbitrators within 10 calendar days. If the parties still cannot agree upon the arbitrator to be appointedappointed within 10 calendar days, the Minister of Labour shall be requested to select an arbitrator, and his their selection shall be final. 33.4 38.4 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 33.5 38.5 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he they shall have no power to add to, or subtract from or modify any of the terms of the Agreement. 33.6 38.6 The arbitrator shall render his their decision, in writing together with his their written reasons therefore, to the parties concerned within 30 calendar days following the conclusion of the hearing. 33.7 38.7 The Company and the Guild Union shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally. 33.8 38.8 The time limits as provided herein may be extended by mutual agreement.

Final Settlement of Disputes. 33.1 Failing settlement in accordance with the last step of Article 32 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work. 33.2 The request for arbitration must be made in writing by either party to the other within 45 fifteen (15) calendar days from the date the decision was rendered by the Company applicable party in the last step of the Grievance Procedure. If the request is not so made the matter will be considered to have been satisfactorily settled and shall not be processed to arbitration. 33.3 The party requesting arbitration shall submit with its request the names of three potential arbitrators. If the other party does not agree to at least one of the nominees so proposed, it shall in its turn submit within 21 calendar days to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator, and his selection shall be final. 33.4 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary. 33.5 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he shall have no power to add to, or subtract from or modify any of the terms of the Agreement. 33.6 The arbitrator shall render his decision, in writing together with his written reasons to the parties concerned within 30 calendar days following the conclusion of the hearing. 33.7 The Company and the Guild shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally. 33.8 The time limits as provided herein may be extended by mutual agreement.