Industrial arbitration Sample Clauses
The industrial arbitration clause establishes a formal process for resolving disputes that arise in the context of industrial or labor relations, typically between employers and employees or their representatives. This clause usually requires that disagreements over employment terms, working conditions, or collective bargaining agreements be submitted to an impartial arbitrator or arbitration panel, rather than being litigated in court. By mandating arbitration, the clause provides a structured, efficient, and less adversarial means of settling industrial disputes, thereby minimizing work disruptions and promoting fair resolution of conflicts.
Industrial arbitration. If the dispute is not resolved through industrial dispute resolution as described above, and if the matter concerns the interpretation of a collective agreement or other agreement made between the parties, the matter may be referred to industrial arbitration unless otherwise provided in the Main Agreement or elsewhere if one of the organisations requests such arbitration. The organisation wishing to pursue the matter must, within 14 working days after conclusion of the negotiations without agreement between the parties, request industrial arbitration in writing vis-à-vis the opposing organisation. This time limit may be deviated from by agreement. Not later than 25 full working days after industrial arbitration has been requested, the complainant must send a statement of claim to the other party with copies of the documents to be submitted. Simultaneously with the submission of the statement of claim a notification is sent to the Labour Court concerning the appointment of an adjudicator in compliance with the provisions below. The respondent organisation must as soon as possible, and not later than 15 working days after receipt of the statement of claim, submit a statement of defence to the complainant organisation together with copies of the documents it wishes to submit. The arbitral tribunal has five members: one presiding arbitrator and two representatives of each of the parties. The organisations jointly ask an adjudicator outside their own circle to assume the position of president of the arbitral tribunal. If the organisations cannot agree on an adjudicator they must as soon as possible ask the Labour Court to appoint one. When doing so, they must state the names of people who have been proposed in connection with the negotiations between the organisations. An oral hearing must be held as soon as possible. The timing of the hearing is determined by negotiation between the adjudicator and the organisations. Not later than 25 full working days before the oral hearing, the claimant sends a statement of claim to the adjudicator and a copy to the opposing party, accompanied by the documents the claimant wishes to submit. The statement of claim is considered to be received in time if it reaches the opposing organisation by 4pm at least 24 full working days before the hearing. Before the hearing, the respondent organisation must send its statement of defence to the adjudicator together with copies of the documents it wishes to submit. At the same time copi...
Industrial arbitration. If the disagreement is not settled at the above-mentioned industrial procedures, and the matter concerns the interpretation of a collective agreement or an agreement concluded by the parties, one of the organisations may request that the matter be settled by industrial arbitration.
Industrial arbitration. If the dispute is not resolved at the mediation meeting/organisation meeting and the matter concerns interpretation of the collective agreement or an agreement entered into by the parties, either party can demand that the matter be decided by industrial arbitration. The party shall send a proposal for the choice of arbitrator together with the statement of claim. The defence must reach the other party within eight weeks of the statement of claim being received. The parties must agree on a proposed arbitrator no later than when a defence is submitted and then request the Danish Labour Court to make the appointment. If the parties are unable to reach agreement, the Danish Labour Court is requested to appoint an arbitrator. A date for the industrial arbitration hearing will then be agreed with the arbitrator. Deadlines for the further exchange of statements of case will be agreed by the parties and, where relevant, with the arbitrator. The production of evidence must be completed no later than two days before arbitration takes place, including the parties informing the other party who is to give evidence no later than eight days before arbitration takes place. It is agreed that the deadlines can be departed from by agreement.
Industrial arbitration. If the mediation meeting / organisation meeting fails to resolve the dispute and the matter concerns the interpretation of the collective agreement or an agree- ment entered into by the parties, either party may request that the matter be settled by industrial arbitration. In connection with the submission of the claim form, the party shall also submit a proposal for the election of an arbitrator. The defence must be received by the other party no later than 8 weeks after receipt of the claim form. No later than at the same time as the statement of defence is submitted, the parties must reach agreement on a proposal for an arbitrator, and a request is then submitted to Labour Court for the appointment of this arbitrator. If the parties cannot reach agreement on this, the Labour Court shall be asked to appoint an arbitrator. The scheduling of the meeting for the industrial arbitration is then agreed with the arbitrator. Deadlines for the further exchange of correspondence are agreed by the parties, possibly with the arbitrator. The presentation of evidence must be finalised no later than 2 days before the arbitration is held, and the parties must notify the other party about who is to give evidence no later than 8 days before the arbitration is held. It is agreed that the deadlines can be deviated from by agreement.
Industrial arbitration. The following cases can be submitted to industrial arbitration:
Industrial arbitration. Subclause 1.
Industrial arbitration a – Request for industrial arbitration
b – Refusal of arbitration
c – Structure of the arbitration
Industrial arbitration. If the industrial disputes procedure does not result in an agreement on a solution, and the case is about the understanding of a collective agreement or an agreement entered into be- tween the parties, unless the general agreement sets out other rules, reference can be made to a decision by industrial arbitration if one of the organisations so demand. The organisation that wants to continue with the case must, within 14 working days after the negotiations have ended without reaching an agreement, require in writing the holding of industrial arbitration to the other organisation. This time limit can be deviated from according to an agreement. The arbitration court comprises five members. One chairman and two representatives from each party. The organisations jointly request an umpire outside their sphere to undertake the position as chairman of the arbitration court. If the organisations fail to reach an agreement about an umpire, they must request the Danish Labour Court to appoint such umpire as soon as possible. The inquiry must state which persons have been proposed in the negotiations between the organisations. A court hearing must be held as soon as possible. The time of the hearing is determined through negotiations between the umpire and the organisations. The complainant will submit to the other party and the umpire a letter of complaint with a copy of the documents that are requested to be produced. The letter of complaint is deemed to have been received timely if the other organisation has received it no later than at 16:00, 30 working days before the court hearing. The defence is sent by the other organisation to the complaining organisation and to the umpire with copies of the documents requested to be produced. The defence is deemed to have been received timely if it is received by the complaining or- ganisation no later than at 16:00, 20 days before the court hearing. The reply is sent to the defendant organisation and the umpire and is deemed to have been received timely if the other organisation has received it no later than at 16:00, 15 working days before the court hearing. The rejoinder is sent and is deemed to have been received timely if the other organisation and the umpire have received it no later than at 16:00, 12 working days before the court hearing. If one of the organisations wants to make interviews, it must appear from the statements of case who is requested to be interviewed. If the letter of complaint has not been received,...