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.
Jurisdictional Disputes. Disputes which arise between the Union and another Municipal union concerning representation of employees may be presented by the Union(s) to the Employee Relations Board for resolution.
Jurisdictional Disputes. Any disputes where the Union contends either
(1) that work performed by represented employees not within one of the units described in Article 1 should be performed by employees within one of said units, or (2) that represented employees not within one of the units described in Article 1 should be included within one of said units, shall not be subject to the grievance and arbitration provisions of Article 3. This Section 3.12 shall not apply to such disputes where the Union obtains the written consent of all other interested bargaining representatives to participate in and be bound by the decision of an arbitrator or panel of arbitrators.
Jurisdictional Disputes. The Union agrees to cooperate in good faith with the Producer and other Local Unions in the industry in working out a method for the determination of jurisdictional disputes without work stoppages. Appropriate clauses shall be incorporated in this Agreement to cover any method or means that shall be agreed upon.
Jurisdictional Disputes. Arbitrators may make reference to some or all of the following criteria regarding positions excluded on the basis of access to confidential labour relations information or on managerial grounds. It is recognized by the Parties that though such criteria may be helpful to the arbitrator, such criteria are intended as guidelines only, and each situation will depend upon its own facts. Thus the arbitrator is empowered to consider all evidence and law the arbitrator considers relevant to the issue, and is not bound to consider only the following criteria, and the arbitrator may consider such other criteria that the arbitrator feels relevant, or the Parties may submit. The arbitrator shall have all the power of an arbitrator pursuant to the provisions of the Canada Labour Code, Section 60. In making a determination the arbitrator may consider the following:
(i) Decisions of Canada Industrial Relations Board in relation to confidential and managerial exclusions:
(ii) The authority of the employee in relation to: * Dismissal, promotion, demotion or transfer; * Disciplining, hiring and evaluating employees; * The planning and decision-making of the Company in terms of job priorities and assignment of work; * Committing the Company to expenditure on equipment, person-hours, expense accounts, etc.; * Establishing and administering budgets;
(iii) The involvement of the employee in the policy-making process of the Company;
(iv) The amount of time, as well as the intensity, in which the employee is alleged to perform managerial functions;
(v) The extent to which the employee uses confidential information relating to industrial relations in the performance of the employee's work.
(d) The following principles are agreed:
(i) Positions to which agreed exclusions report shall not be subject to jurisdictional dispute;
(ii) In jurisdictional disputes resolved in SPEA’s favour, the Company will be subject to the payment of dues on SPEA’s behalf from the first full calendar month following XXXX’s recorded challenge against the exclusion to the point when the employee becomes liable for dues payment as a result of transfer into the Bargaining Unit.
(e) Any person included in the Bargaining Unit as the result of a jurisdictional dispute will continue to receive the same salary, taking into account the relative timing of salary adjustments in the respective pay plans, and will be eligible for future salary increases on the same basis as other members of the Bargaining Unit. Dues d...
Jurisdictional Disputes. The Council agrees to co-operate in good faith with the Employer and other unions and guilds in the motion picture industry in resolving jurisdictional disputes. There shall be no work stoppages arising from jurisdictional disputes.
Jurisdictional Disputes. It is understood and agreed that any dispute over assignment of work shall be conducted as follows:
Jurisdictional Disputes. Any jurisdictional dispute which may arise between any two (2) or more labor organizations holding current collective bargaining agreements with the Employer will be settled in the following manner:
(1) A Union which contends a jurisdictional dispute exists will file a written statement with the Employer and other affected Unions describing the substance of the dispute.
(2) During the thirty (30) day period following the notice described in Section 16.2 (1), the Unions along with representatives of the Employer will attempt to settle the dispute among themselves, and if unsuccessful, will request the assistance of the Washington State Public Employment Relations Commission.
Jurisdictional Disputes. (a) The Employer agrees to respect the jurisdiction of the Union and shall not make a written or a permanent assignment of work to other Trades without first affording Parties to the disputed work an opportunity to present evidence substantiating their claims. The Employer does not waive any of his rights by permitting the inclusion of jurisdiction of work in this Contract. Furthermore, no Business Manager has the authority to enter into a written agreement with another Trade in regards to work jurisdiction.
(b) It is agreed that there shall not be any work stoppages over jurisdictional disputes with any Craft or Crafts employed on any project. Should jurisdictional disputes or differences arise with other Parties which endanger the continuous progress of a project which cannot be settled at the local level, the Employer shall make a written work assignment in accordance with Area practice related to the specific project only and work shall continue in accordance with the assignment by the Employer until representatives of the International Union of all disputing Trades meet and bring about, or cause to bring about, a satisfactory or mutual understanding with the Employer.
(c) It is agreed and understood that the Union will make every effort to inform its membership that there is a legally established neutral entrance or gate on a construction site that is being picketed illegally and where work is being performed under the conditions of this Agreement. The above does in no way waive any of the Employees rights granted him under the Constitution of the United States and/or Federal Government.
Jurisdictional Disputes. 12.1 The assignment of work will be solely the responsibility of the C/S/E/D performing the work involved and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the Plan) or any successor Plan.
12.2 All Jurisdictional Disputes on this Project, between or among Building and Construction Trades Unions and C/S/E/Ds shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department. Decisions rendered shall be final, binding, and conclusive on the C/S/E/Ds and Unions. A decision shall not award back pay or any other damages for a misassignment of work, nor may any party bring an independent action for back pay or any other damages based upon a decision of an Arbitrator, except that a party may seek back pay or damages for a period of non-compliance with an Arbitrator’s decision from any party that fails to comply with such decision within seven (7) business days of the issuance of the Arbitrator’s decision.
12.3 If a dispute arising under this Article involves the Southwest Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of Xxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxxx Xxxxxx, and Xxxxxx Xxxxx, and the Arbitrator’s hearing on the dispute shall be held at the offices of the Council within fourteen (14) days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.
12.4 All Jurisdictional Disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature and the C/S/E/D's assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge.
