Common use of Joint Conference Board Procedures Clause in Contracts

Joint Conference Board Procedures. A. A quorum for the conduct of business of the joint Conference Board shall consist of at least three (3) members from the Contractor parties and at least three (3) members from the Union parties. The three (3) Employer representatives shall be from three (3) different Employer entities. This quorum must be maintained for the transaction of all business. Each of the members present at a Board meeting shall be entitled to one vote. When a quorum is present and there is not an equal number of members from the Union and Management, each member of the party having the lesser number of members present shall have a number of votes equal to the quotient resulting from dividing the greater number by the lesser number of members present. This provision is intended and is to be construed to give the Union and the Contractor parties on the Joint Conference Board an equal number of votes at all times. B. In addition to matters submitted by a Sub-Committee to the Board, the Union, any Employer, any Employee, any Trust under this Contract or the California Plastering Conference of the Western Wall & Ceiling Contractors Association, may submit a matter of dispute to the Joint Conference Board by filing with the Chairman or Co-Chairman a notice in writing setting forth with as much particularity, as possible, the nature of the matter, the person or persons involved, the amount involved, if any, and the remedy sought, if any. Any Journeyman who causes a Contractor to be cited before the Joint Conference Board for infraction of the contract through his Business Agent or otherwise shall be required to personally appear as a witness and state his case, if requested by the Joint Conference Board. C. The signatory parties hereto agree that service of the charges, the notice of hearing before the Joint Conference Board or Sub-committee, and notice of the decision of the Joint Conference Board or Sub-Committee shall be deemed to have been properly served upon the party cited if it is sent by Certified Mail, return receipt requested, at said person’s last known home or business address, as posted with Southern California Plastering Institute. The signatory parties hereto agree that the address appearing on the cited person’s Collective Bargaining Agreement or as contained in the Contractor Roster of the Southern California Plastering Institute shall be the last known address of the person cited, and the person cited agrees that service at this address will be deemed sufficient. It shall be the affirmative duty of all of the signatory parties hereto to keep the Secretary of the Joint Conference Board or The Southern California Plastering Institute advised of said person’s last known home address. The signatory parties hereto hereby waive any claim that they were not served properly if service was made as set forth in this Section. D. The Joint Conference Board or the Sub-Committee shall have the right not only to determine whether there has been a violation of this Agreement but shall also have the right to devise an appropriate remedy, drawn from the essence of this Agreement, for such violation. No such remedy shall alter, modify, or change the terms and conditions of this Agreement. In addition, the Joint Conference Board or Sub-Committee shall have the right to determine whether a party cited before the Joint Conference Board or Sub-Committee has been properly cited and whether the previous notice has been complied with. The Joint Conference Board and Sub-Committee is subject to the Grievance procedure of this Agreement; and shall have the right to determine any and all defenses of contentions, legal or otherwise, raised by any person. E. At the request of any party, all persons not having a direct interest in the matter be- ing heard shall be excluded from the hearings. F. Any party to the matter under consideration may offer any relevant evidence. G. In the event any member of the Board has a direct interest in the matter in dispute, such member shall not take part in the hearing or decision. H. Any matter submitted to the Joint Conference Board May be continued from time to time at the discretion of the Board. I. The Chairman of the meeting shall be entitled to vote on all matters before the board except on appeals from a ruling of the Chairman on matters of procedure. J. The Joint Conference Board shall render a decision within five (5) days after the matter has been fully heard by it, and such decision shall be final and binding on all parties to the dispute. K. If the Joint Conference Board fails to reach a decision within five (5) days after the matter has been fully heard by it, the dispute shall be referred to arbitration unless the parties to said dispute agree by mutual consent to extend the time. If no agreement is reached upon by an Arbiter, or upon an extension of time, the board, through the Chairman or the Co-Chairman, either acting alone or together, shall within twenty-four (24) hours request the Federal Mediation & Conciliation Service to submit five (5) names as Arbiters, and each party shall have the right to cancel two (2) names and the fifth or remaining person shall make the decision, which decision shall be final and binding on all parties. The decision of said Arbiter shall be rendered within thirty (30) working days after the matter has been heard unless all parties to the dispute agree in writing to an extension of time. L. The Joint Conference Board or the Arbiter shall have no authority to alter, amend or revise the wage, hours and conditions set forth herein, it being the intent that the decision of such Board or Arbiter shall be within the scope and limited to the application of the terms and conditions hereof except as provided in Article VI, Section 4. M. Except as provided in Article XI, there shall be no stoppage of work by strike or lockout during arbitration by the Board or the Arbitrator. N. Any expenses of the arbitrator who has been appointed shall be prorated equally among the parties.

Joint Conference Board Procedures. A. A quorum for the conduct of business of the joint Conference Board shall consist of at least three (3) members from the Contractor parties and at least three (3) members from the Union parties. The three (3) Employer representatives shall be from three (3) different Employer entities. This quorum must be maintained for the transaction of all business. Each of the members present at a Board meeting shall be entitled to one vote. When a quorum is present and there is not an equal number of members from the Union and Management, each member of the party having the lesser number of members present shall have a number of votes equal to the quotient resulting from dividing the greater number by the lesser number of members present. This provision is intended and is to be construed to give the Union and the Contractor parties on the Joint Conference Board an equal number of votes at all times. B. In addition to matters submitted by a Sub-Committee to the Board, the Union, any Employer, any Employee, any Trust under this Contract or the California Plastering Conference of the Western Wall & Ceiling Contractors Association, may submit a matter of dispute to the Joint Conference Board by filing with the Chairman or Co-Chairman a notice in writing setting forth with as much particularity, as possible, the nature of the matter, the person or persons involved, the amount involved, if any, and the remedy sought, if any. Any Journeyman who causes a Contractor to be cited before the Joint Conference Board for infraction of the contract through his Business Agent or otherwise shall be required to personally appear as a witness and state his case, if requested by the Joint Conference Board. C. The signatory parties hereto agree that service of the charges, the notice of hearing before the Joint Conference Board or Sub-committee, committee and notice of the decision of the Joint Conference Board or Sub-Committee shall be deemed to have been properly served upon the party cited if it is sent by Certified Mail, return receipt requested, at said person’s last known home or business address, as posted with Southern California Plastering Institute. The signatory parties hereto agree that the address appearing on the cited person’s Collective Bargaining Agreement or as contained in the Contractor Roster of the Southern California Plastering Institute shall be the last known address of the person cited, and the person cited agrees that service at this address will be deemed sufficient. It shall be the affirmative duty of all of the signatory parties hereto to keep the Secretary of the Joint Conference Board or The Southern California Plastering Institute advised of said person’s last known home address. The signatory parties hereto hereby waive any claim that they were not served properly if service ser- vice was made as set forth in this Section. D. The Joint Conference Board or the Sub-Committee shall have the right not only to determine whether there has been a violation of this Agreement but shall also have the right to devise an appropriate remedy, drawn from the essence of this Agreement, for such violation. No such remedy shall alter, modify, or change the terms and conditions of this Agreement. In addition, the Joint Conference Board or Sub-Committee shall have the right to determine whether a party cited before the Joint Conference Board or Sub-Committee has been properly cited and whether the previous notice has been complied with. The Joint Conference Board and Sub-Committee is subject to the Grievance procedure of this Agreement; and shall have the right to determine any and all defenses of contentions, legal or otherwise, raised by any person. E. At the request of any party, all persons not having a direct interest in the matter be- ing being heard shall be excluded from the hearings. F. Any party to the matter under consideration may offer any relevant evidence. G. In the event any member of the Board has a direct interest in the matter in dispute, such member shall not take part in the hearing or decision. H. Any matter submitted to the Joint Conference Board May be continued from time to time at the discretion of the Board. I. The Chairman of the meeting shall be entitled to vote on all matters before the board except on appeals from a ruling of the Chairman on matters of procedure. J. The Joint Conference Board shall render a decision within five (5) days after the matter has been fully heard by it, and such decision shall be final and binding on all parties to the dispute. K. If the Joint Conference Board fails to reach a decision within five (5) days after the matter has been fully heard by it, the dispute shall be referred to arbitration unless the parties to said dispute agree by mutual consent to extend the time. If no agreement is reached upon by an Arbiter, or upon an extension of time, the board, through the Chairman or the Co-Chairman, either acting alone or together, shall within twenty-four (24) hours request the Federal Mediation & Conciliation Service to submit five (5) names as Arbiters, and each party shall have the right to cancel two (2) names and the fifth or remaining person shall make the decision, which decision shall be final and binding on all parties. The decision of said Arbiter shall be rendered within thirty (30) working days after the matter has been heard unless all parties to the dispute agree in writing to an extension of time. L. The Joint Conference Board or the Arbiter shall have no authority to alter, amend or revise the wage, hours and conditions set forth herein, it being the intent that the decision of such Board or Arbiter shall be within the scope and limited to the application of the terms and conditions hereof except as provided in Article VI, Section 4. M. Except as provided in Article XI, there shall be no stoppage of work by strike or lockout during arbitration by the Board or the Arbitrator. N. Any expenses of the arbitrator who has been appointed shall be prorated equally among the parties.