Common use of Industrial arbitration Clause in Contracts

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 copies are sent to the claimant organisation. The statement of defence is considered to be received in time if it reaches the opposing organisation by 4pm at least 14 full working days before the hearing. The reply is sent to the respondent organisation and the adjudicator and is considered to be received in time if it reaches the opposing organisation by 4pm at least nine full working days before the hearing. The rejoinder is sent and considered to be received in time if it reaches the opposing organisation and the adjudicator by 4pm at least six full working days before the hearing. If either organisation wishes to examine witnesses it must be apparent from the pleadings who the organisation wishes to examine. If no statement of claim is received, the case will be considered closed and cannot subsequently be resumed. If an organisation invokes delay as regards the statement of claim in industrial arbitration, the opposing party must be notified of such delay as soon as possible and not later than noon on the working day before the hearing. If the statement of defence is not received in time, the matter will be determined on the basis of the information given in the statement of claim and the minutes of the industrial dispute resolution procedure. During the hearing a representative of an organisation, who cannot at the same time be a member of the tribunal, advocates the case. The arbitral tribunal decides all matters concerning processes and rules of procedure that are not set out in these provisions. The adjudicator takes part in voting on such matters, and all matters are decided by simple majority. If no majority is achieved during deliberations, the adjudicator decides the matter alone, providing a reasoned award in which the matter of the tribunal’s competence is also decided if necessary. The adjudicator’s award should insofar as possible be available within 14 days after the hearing and, if possible, in electronic form.

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 44 pm 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 copies are sent to the claimant organisation. The statement of defence is considered to be received in time if it reaches the opposing organisation by 44 pm at least 14 full working days before the hearing. The reply is sent to the respondent organisation and the adjudicator and is considered to be received in time if it reaches the opposing organisation by 44 pm at least nine full working days before the hearing. The rejoinder is sent and considered to be received in time if it reaches the opposing organisation and the adjudicator by 44 pm at least six full working days before the hearing. If either organisation wishes to examine witnesses it must be apparent from the pleadings who the organisation wishes to examine. If no statement of claim is received, the case will be considered closed and cannot subsequently be resumed. If an organisation invokes delay as regards the statement of claim in industrial arbitration, the opposing party must be notified of such delay as soon as possible and not later than noon on the working day before the hearing. If the statement of defence is not received in time, the matter will be determined on the basis of the information given in the statement of claim and the minutes of the industrial dispute resolution procedure. During the hearing a representative of an organisation, who cannot at the same time be a member of the tribunal, advocates the case. The arbitral tribunal decides all matters concerning processes and rules of procedure that are not set out in these provisions. The adjudicator takes part in voting on such matters, and all matters are decided by simple majority. If no majority is achieved during deliberations, the adjudicator decides the matter alone, providing a reasoned award in which the matter of the tribunal’s competence is also decided if necessary. The adjudicator’s award should insofar as possible be available within 14 days after the hearing and, if possible, in electronic form.. Organisation committee The Danish Chamber of Commerce – Employers and the 3F Transport Group set up a standing committee in which the matters listed in items 1 to 3 below can be processed if requested by either organisation:

Industrial arbitration. If the dispute is industrial disputes procedure does not resolved through industrial dispute resolution as described aboveresult in an agreement on a solu- tion, and if the matter concerns case is about the interpretation understanding of a collective agreement or other an agreement made entered into between the parties, unless the matter may general agreement sets out other rules, reference can be referred made to a decision by industrial arbitration unless otherwise provided in the Main Agreement or elsewhere arbitra- tion if one of the organisations requests such arbitrationso demand. The organisation wishing that wants to pursue continue with the matter case must, within 14 working work- ing days after conclusion of the negotiations have ended without agreement between reaching an agreement, re- quire in writing the parties, request holding of industrial arbitration in writing vis-à-vis to the opposing other organisation. This time limit may can be deviated from by according to an agreement. Not later than 25 full working days after industrial The arbitration has been requested, court comprises five members. One chairman and two repre- sentatives from each party. The organisations jointly request an umpire outside their sphere to undertake the complainant must send a statement of claim to the other party with copies position as chairman of the documents arbitration court. If the organisations fail to be submitted. Simultaneously with reach an agreement about an umpire, they must re- quest the submission of the statement of claim a notification is sent to the Danish Labour Court concerning the appointment of an adjudicator in compliance with the provisions below. The respondent organisation must to appoint such umpire 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 inquiry must state the names of people who which persons have been proposed in connection with the negotiations between the organisations. An oral A court hearing must be held as soon as possible. The timing time of the hearing is determined by negotiation through negotiations between the adjudicator umpire and the organisations. Not 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 or- ganisation has received it no later than 25 full at 16:00, 30 working days before the oral court hearing, . The defence is sent by the claimant sends a statement of claim other organisation to the adjudicator complaining organisation 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 umpire with copies of the documents it wishes requested to submit. At the same time copies are sent to the claimant organisationbe produced. The statement of defence is considered deemed to be have been received in time timely if it reaches is received by the opposing complaining organisation by 4pm no later than at least 14 full working 16:00, 20 days before the court hearing. The reply is sent to the respondent defendant organisation and the adjudicator umpire and is considered deemed to be have been received in time timely if the other organisation has received it reaches the opposing organisation by 4pm no later than at least nine full 16:00, 15 working days before the court hearing. The rejoinder is sent and considered is deemed to be have been received in time timely if it reaches the opposing other organisation and the adjudicator by 4pm umpire have received it no later than at least six full working 16:00, 12 work- ing days before the court hearing. If either organisation wishes one of the organisations wants to examine witnesses make interviews, it must be apparent appear from the pleadings statements of case who the organisation wishes is requested to examinebe interviewed. If no statement the letter of claim is complaint has not been received, the case will be is considered closed to have been finalised, and it cannot subsequently be resumedmade again. If an organisation invokes delay as regards regarding the statement letter of claim complaint in industrial arbitration, the opposing other party must be notified of such delay informed thereof as soon as possible and not no later than at noon on the working day before the court hearing. If the statement of defence is has not been received in timetimely, the matter will be determined case is decided on the basis of the information given in appearing from the statement letter of claim complaint and the minutes of from the industrial dispute resolution disputes procedure. If an organisation invokes delay regarding the defence in industrial arbitra- tion, the other party must be informed thereof as soon as possible and no later than at noon on the working day before the court hearing. During the hearing a representative of court hearing, the case is argued orally by an organisation, organisation repre- sentative who cannot at the same time also be a member of the tribunal, advocates the casecourt. The arbitral tribunal decides arbitration court determines all matters issues concerning processes procedure and rules of procedure that are do not set out in appear from these provisionsrules. The adjudicator takes part in In the voting on such mattersto this effect the umpire participates, and all matters issues are decided deter- mined by a simple majority. If If, during the voting no majority is achieved during deliberationsobtained for a decision, the adjudicator decides umpire alone must decide the matter alonecase in a motivated order, providing a reasoned award in which also the matter issue of the tribunal’s competence com- petency of the court is also decided determined, if necessary. The adjudicatorumpire’s award ruling should insofar as far as possible be available within 14 working days after af- ter the court hearing and, and if possible, in electronic formformat.