Individual Disputes Sample Clauses

Individual Disputes. Any Dispute will be conducted and resolved on an individual basis only and not on a class-wide, multiple plaintiff or similar basis between You and Us and will not be consolidated with any other dispute proceeding involving Us and any other person, except that with respect to a dispute involving You and Your affiliate.
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Individual Disputes. Individual disputes are disputes that involve an employer and one or more employees as individuals. LABOUR LAW ART 302 AC AWARD 10/03, 58/10, 119/12 (1)
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Individual Disputes. The parties hereto intend and agree that the provisions of this section shall apply to individual disputes between the parties and that the arbitrator(s) shall have no power or authority to certify or otherwise determine a class action or otherwise combine any individual dispute with other disputes between the parties or between a party hereto and one or more third parties without the prior written consent of all affected parties hereto.
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Individual Disputes. In this regulation on disputes no separate provisions are made for individual disputes, being disputes between an employer and employee, regarding the interpretation, application of or compliance with the collective labour agreement (cao). The existing statutory provisions apply in these instances.
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Individual Disputes. Step 1 Any dispute between one or more employees and an Employer shall be immediately communicated verbally to the Pier Superintendent. Step 2 If the dispute is not resolved immediately at Step 1, then the Union may formulate a grievance and present same in writing within the following two (2) working days to the Manager of the Employer concerned who will render his decision in writing within the following two (2) working days. Step 3 Within two (2) working days following the Manager’s decision, the party wishing to pursue the dispute will notify the Permanent Joint Committee in writing. The Permanent Joint Committee will attempt to settle the dispute within five (5) working days following receipt of such notice. Step 4 If the dispute is not resolved in Step 3, it may be submitted to a sole arbitrator by notifying the other party in writing within ten (10) workings days of when a decision should have been reached in Step 3 and a decision will be rendered as provided below. (a) Any matter referred to arbitration under this Agreement, shall be submitted to a single arbitrator who shall be chosen having regard to his impartiality, his qualifications in the interpretations of the agreements and his familiarity with the industry matters. (b) The party giving notice of desire to refer a matter to arbitration shall, within five (5) days of the date of giving such notice, contact the arbitrators, as provided for above, advise him of the matter to be arbitrated. Within fifteen (15) days of his appointment, or at such a time that is acceptable to the Association and the Union the arbitrator shall hold a hearing. (c) The party giving notice of desire to refer a matter to Arbitration shall include in the written notice given to the other party, the names of at least three (3) persons for the consideration of the other party as an Arbitrator. Failing agreement on such an arbitrator, the Federal Minister of Labour, on the request of either party, may appoint an Arbitrator. (d) The Arbitrator shall hear and determine the difference or allegations and shall make a decision within seven (7) days, or within such other period as the parties may agree upon or the arbitrator may reasonably require, following the hearing. The decision of the Arbitrator shall be final and binding upon the parties.
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Individual Disputes. (a) If an individual raises a grievance the procedure in subclause (c) will apply during which time work will continue in accordance with the reasonable direction of the Employer having regard for safe working practices. (b) During the dispute resolution procedure the employee may elect to involve a representative to assist in resolution of the dispute by participating in discussions and providing advice. (c) The procedure for resolution of disputes is as follows: Step 1 Details of the dispute or grievance will be presented to the employee/s immediate Supervisor. The Supervisor will provide a response to the issue as soon as possible. If a response is not given by the end of the Supervisor’s next rostered shift, then the Supervisor will give a progress report which will include an undertaking as to the time by which a response might be given. Step 2 If resolution has not been achieved, or the Supervisor’s immediate response is unacceptable; the matter may be referred in writing by the employee/s to the relevant Superintendent or Supervisor. The Superintendent or Supervisor will provide a response to the issue as soon as possible. If a response is not given by the end of the Superintendent’s or Supervisor next rostered shift, a progress report will be given which will include the time by which a response might be given. Step 3 If resolution has not been achieved, or the Superintendent or Supervisors immediate response is unacceptable, the matter will be referred to the relevant Manager. The Manager will provide a response to the issue as soon as possible. Step 4 If the matter remains unresolved it shall be referred for discussion between the district officials of the Union and nominated senior personnel of the Employer. Step 5 If resolution cannot be reached, referral by either party to the Tribunal.
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Related to Individual Disputes

  • Legal Disputes 3.1 Pursuant to New York City Health and Hospitals Corporation Act, Chapter 1016-69, Section 20, all actions against NYC Health + Hospitals shall be brought in the City , in the county in which the cause of action arose, or if it arose outside of the City , in the City , County of New York. The Parties consent to the dismissal or transfer to any claims asserted inconsistent with this section. If Vendor initiates any action in breach of this section, Vendor shall promptly reimburse NYC Health + Hospitals for any attorneys’ fees incurred to remove the action to the contractually agreed upon venue. 3.2 Actions against NYC Health + Hospitals by Vendor arising out of this Agreement must be commenced within six months of the expiration or termination of this Agreement. 3.3 Neither Party shall make a claim for personal liability against any individual, officer, agent or employee of the other, nor of the City, pertaining to anything done or omitted in connection with this Agreement.

  • Disputes In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.

  • Labor Disputes No labor disturbance by or dispute with employees of the Company or any of its Subsidiaries exists or, to the knowledge of the Company, is threatened which would reasonably be expected to result in a Material Adverse Effect.

  • Arbitration of All Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago, Illinois, in accordance with the laws of the State of Illinois, by three arbitrators appointed by the parties. If the parties cannot agree on the appointment of the arbitrators, one shall be appointed by the Company and one by the Executive and the third shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the Chief Judge of the United States Court of Appeals for the Seventh Circuit. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 12. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that it shall be necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcement of his rights under this Agreement, the Company shall pay (or the Executive shall be entitled to recover from the Company, as the case may be) his reasonable attorneys' fees and costs and expenses in connection with enforcement of his rights (including the enforcement of any arbitration award in court). Payments shall be made to the Executive at the time such fees, costs and expenses are incurred. If, however, the arbitrators shall determine that, under the circumstances, payment by the Company of all or a part of any such fees and costs and expenses would be unjust, the Executive shall repay such amounts to the Company in accordance with the order of the arbitrators. Any award of the arbitrators shall include interest at a rate or rates considered just under the circumstances by the arbitrators.

  • Resolving Disputes The Company and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:- a. Refer the dispute to mediation which will be conducted in accordance with the Resolution Institute New Zealand Standard Mediation Agreement; and b. If mediation is unsuccessful, the matter of dispute shall be referred to a single arbitrator in accordance with the provisions contained in the Arbitration Xxx 0000 and any amendments. Nothing in this clause will preclude either party from taking immediate steps to seek urgent equitable relief before an appropriate Court.

  • Tax Disputes The parties hereto shall negotiate in good faith to resolve any dispute arising in connection with this Agreement within 30 days of the date on which any such dispute arises. Upon written notice by a party after such 30-day period, the matter will be referred to a U.S. tax counsel or other tax advisor of recognized national standing (the “Tax Advisor”). Weyerhaeuser and Parent shall negotiate in good faith to jointly select a Tax Advisor within five days of such written notice. If Weyerhaeuser and Parent do not agree on the selection of the Tax Advisor within such five-day period, the Tax Advisor shall be selected by Weyerhaeuser’s and Parent’s respective U.S. tax counsel or other advisors of recognized national standing within the following 10-day period. The Tax Advisor may, in its discretion, obtain the services of any third party necessary to assist it in resolving the dispute. The Tax Advisor shall furnish written notice to the parties of its resolution of the dispute as soon as practicable, but in any event no later than 90 days after acceptance of the matter for resolution. Any such resolution by the Tax Advisor shall be binding on the parties, and the parties shall take, or cause to be taken, any action necessary to implement such resolution. All fees and expenses of the Tax Advisor shall be shared equally by Weyerhaeuser and Parent. If any dispute regarding the preparation of a Tax Return is not resolved before the due date for filing such return, the return shall be filed in the manner deemed correct by the party responsible for filing the return without prejudice to the rights and obligations of the parties hereunder, provided that the preparing party shall file an amended Tax Return, within 10 days after the completion of the process set forth in this Section 6.01, reflecting any changes made in connection with such process.

  • Litigation; Disputes No legal action may be brought against NCCI, its shareholders, officers, employees, and/or agents for actions taken reasonably and in good faith in fulfilling the specifically stated responsibilities of NCCI under this Agreement. NCCI reserves the right to obtain a determination from a court of competent jurisdiction as to the ownership of funds and/or documents in its possession in the event it receives conflicting instructions, instructions which are, in the opinion of NCCI, inconsistent with this Agreement, or if NCCI fails to receive instructions which NCCI concludes that it requires to fulfill its duties under this Agreement.

  • Contract Disputes The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process: i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.

  • Labour Disputes 15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

  • Jurisdictional Disputes 17.01 A xxxx-up meeting will be held with each Contractor not later than the commencement of the Contractor's work on all projects and no assignments shall be made before this xxxx- up. Xxxx-up assignments shall also apply to all sub-contractors. If a jurisdictional dispute arises once the work has commenced, assignments will be made in accordance with procedures, rules and regulations of the National Joint Board Building Trades Department, A.F.L. & C.I.O. The work assignment shall not be completed until a meeting on site has been convened with all Parties involved and until a subsequent meeting (not later than twenty-four (24) hours) has taken place, at which the Contractor shall present the work assignment on paper to all Parties. 17.02 In the event such jurisdictional dispute cannot be settled on a Local basis by the Unions involved, such dispute shall be submitted to the International Unions involved for settlement without permitting it to interfere in any way with the progress of the work at any time. In the event the dispute is not settled by the International Unions involved, it shall then be submitted to the National Joint Board for resolution. It is understood and agreed, however, that if the dispute causes any delay in the progress of the work or gives rise to an apprehended delay, any of the Parties hereto may apply to the Labour Relations Board (Nova Scotia) Construction Panel for an Interim Order under Section 50 of the Trade Union Act, Chapter 311, R.S.N.S. 1967, amended.

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