Common use of INTERPRETATION AND PERFORMANCE Clause in Contracts

INTERPRETATION AND PERFORMANCE. 1. If at any time a controversy should arise between the Union and the Company regarding the true intent and meaning of any provision of this Agreement, or regarding a claim that either party has not performed a commitment of this Agreement, either party will, in writing to the other party, call a conference between the Negotiating Committee of the Union and the Chairman of the Management Bargaining Committee, for the purpose of reaching a mutually acceptable adjustment of the disputed matter. This conference will be held within ten (10) days of the date of such call. If after such a conference the disputed matter has not been adjusted to the mutual satisfaction of the Union and the Company, it may be submitted to arbitration in accordance with the provisions of Article 23. 2. It is understood that the company retains all customary, usual and exclusive rights, decision-making prerogatives, functions and authority connected with or in any way incident to its responsibility and inherent right to manage the enterprise or any part of it. The rights under this Agreement of employees in the bargaining unit and the Union are limited to those specifically set forth in this Agreement and the company retains all rights not specifically limited by the terms of this Agreement. The rights of the company shall include, but are not limited to: the direction and supervision of all business operations and policies, the allocation, assignment or modification of job duties, the establishment of standards for job performance, the scheduling, hours of work and assignment of work, the right to contract out work, the determination of the need for and the qualifications of new hires, transfers and promotions, the disciplining, suspending, demoting or discharging of any employee where the company has met the standard of just cause. The Company agrees to generally recognize the practice of progressive discipline. However, exceptions can be made based on serious misconduct or safety violations. The Company will conduct investigations when warranted and discipline will be issued on a timely basis. The establishment and maintenance of rules for safe and efficient operations, the establishment of procedures to ensure prompt, efficient and courteous service to customers are vested exclusively in the company subject only to the express limitations of this Agreement. 3. The exercise of any management prerogative, function or right which is not specifically limited by the express terms set forth in this Agreement is not subject to the Grievance procedure.

INTERPRETATION AND PERFORMANCE. 1. If at any time a controversy should arise between the Union and the Company regarding the true intent and meaning of any provision of this Agreement, or regarding a claim that either party has not performed a commitment of this Agreement, either party will, in writing to the other party, call a conference between the Negotiating Committee of the Union and the Chairman of the Management Bargaining Committee, for the purpose of reaching a mutually acceptable adjustment of the disputed matter. This conference will be held within ten (10) days of the date of such call. If after such a conference the disputed matter has not been adjusted to the mutual satisfaction of the Union and the Company, it may be submitted to arbitration in accordance with the provisions of Article 2324. 2. It is understood that the company retains all customary, usual and exclusive rights, decision-making prerogatives, functions and authority connected with or in any way incident to its responsibility and inherent right to manage the enterprise or any part of it. The rights under this Agreement of employees in the bargaining unit and the Union are limited to those specifically set forth in this Agreement and the company retains all rights not specifically limited by the terms of this Agreement. The rights of the company shall include, but are not limited to: the direction and supervision of all business operations and policies, the allocation, assignment or modification of job duties, the establishment of standards for job performance, the scheduling, hours of work and assignment of work, the right to contract out work, the determination of the need for and the qualifications of new hires, transfers and promotions, the disciplining, suspending, demoting or discharging of any employee where the company has met the standard of just cause. The Company agrees to generally recognize , the practice of progressive discipline. However, exceptions can be made based on serious misconduct or safety violations. The Company will conduct investigations when warranted and discipline will be issued on a timely basis. The establishment and maintenance of rules for safe and efficient operations, the establishment of procedures to ensure prompt, efficient and courteous service to customers are vested exclusively in the company subject only to the express limitations of this Agreement. 3. The exercise of any management prerogative, function or right which is not specifically limited by the express terms set forth in this Agreement is not subject to the Grievance procedure.