Common use of Local Disputes Clause in Contracts

Local Disputes. (a) A party to a Local Dispute must notify the designated representative of the other party to the Local Dispute. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of any Local Contract in issue; (ii) the facts upon which the complaining party relies; (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party. (b) Within 15 days of receipt of the notice referred to in section 22.2(a) by the other party to the Local Dispute, the designated representatives of the parties to the Local Dispute will meet informally in an attempt to resolve the matter or to narrow the issues. (c) In the event that the meeting referred to in section 22.2(b) results in a proposed agreement between the parties to the Local Dispute to settle the Local Dispute, they will jointly submit the proposed agreement to the Joint Agreement Administration Group. Within 15 days of receiving a proposed agreement, the Joint Agreement Administration Group will advise the parties to the Local Dispute of whether or not the proposed agreement is consistent with this Agreement and the Physician Master Subsidiary Agreements. If the Joint Agreement Administration Group advises that: (i) the proposed agreement is so consistent, the proposed agreement will be binding on the parties to the Local Dispute; (ii) the proposed agreement is not so consistent, the proposed agreement will not be implemented and section 22.2(e) will apply; (iii) the Joint Agreement Administration Group cannot reach a consensus decision with respect to the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements, then, within 30 days of the Joint Agreement Administration Group advising that it cannot reach a consensus decision, either the Government or the Doctors of BC may refer the question of the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements to the Adjudicator or the Adjudication Committee with notice to the Joint Agreement Administration Group; (iv) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.2(c)(iii), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Group that it wishes to have the matter referred to the Adjudication Committee instead of an Adjudicator and in such case the matter will be dealt with by the Adjudication Committee. (v) The Adjudicator or the Adjudication Committee will arbitrate the question of whether the proposed agreement is consistent with this Agreement and the Physician Master Subsidiary Agreements in accordance with section 21.2; and if the Adjudicator or the Adjudication Committee decides that the proposed agreement is so consistent, it will be binding on the parties to the Local Dispute; and if the Adjudicator or the Adjudication Committee decides that the proposed agreement is not so consistent, the proposed agreement will not be implemented and section 22.2(e) will apply. (d) If the Joint Agreement Administration Group does not provide a response within the time limit referred to in section 22.2(c), the proposed agreement will be deemed to be consistent with this Agreement and the Physician Master Subsidiary Agreements. (e) If the meeting referred to in section 22.2(b) does not result in a proposed agreement between the parties to the Local Dispute to settle the Local Dispute within 15 days of the meeting or a longer period agreed to by the local parties; or if the Joint Agreement Administration Group advises, in accordance with section 22.2(c)(ii), that the proposed agreement is not consistent with this Agreement and/or the Physician Master Subsidiary Agreements; or if the Adjudicator or the Adjudication Committee decides, in accordance with section 22.2(c)(v), that the proposed agreement is not consistent with this Agreement and/or the Physician Master Subsidiary Agreements, then: (i) the parties to the Local Dispute will submit the Local Dispute to the Government and the Doctors of BC, and will agree to be bound by the resolution of the Local Dispute pursuant to this Agreement; (ii) either the Government or the Doctors of BC may refer the Local Dispute in writing to the Joint Agreement Administration Group; and (iii) the parties to the Local Dispute may agree to be bound by recommendations from the Trouble Shooter with respect to the Local Dispute in the event that the Joint Agreement Administration Group refers the Local Dispute to the Trouble Shooter. (f) In the event that the Government or the Doctors of BC refers the Local Dispute to the Joint Agreement Administration Group under section 22.2(e), the Government and the Doctors of BC will thereafter have exclusive carriage of the Local Dispute. (g) Upon a Local Dispute being referred to the Joint Agreement Administration Group under section 22.2(e), the Joint Agreement Administration Group may direct the Trouble Shooter to attempt to facilitate a settlement of the Local Dispute.

Local Disputes. (a) A party to a Local Dispute must notify the designated representative of the other party to the Local Dispute. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of any Local Contract in issue; (ii) the facts upon which the complaining party relies; (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party. (b) Within 15 days of receipt of the notice referred to in section 22.2(a) by the other party to the Local Dispute, the designated representatives of the parties to the Local Dispute will meet informally in an attempt to resolve the matter or to narrow the issues. (c) In the event that the meeting referred to in section 22.2(b) results in a proposed agreement between the parties to the Local Dispute to settle the Local Dispute, they will jointly submit the proposed agreement to the Joint Agreement Administration Group. Within 15 days of receiving a proposed agreement, the Joint Agreement Administration Group will advise the parties to the Local Dispute of whether or not the proposed agreement is consistent with this Agreement and the Physician Master Subsidiary Agreements. If the Joint Agreement Administration Group advises that: (i) the proposed agreement is so consistent, the proposed agreement will be binding on the parties to the Local Dispute; (ii) the proposed agreement is not so consistent, the proposed agreement will not be implemented and section 22.2(e) will apply;; and (iii) the Joint Agreement Administration Group cannot reach a consensus decision with respect to the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements, then, within 30 days of the Joint Agreement Administration Group advising that it cannot reach a consensus decision, either the Government or the Doctors of BC BCMA may refer the question of the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements to the Adjudicator or the Adjudication Committee with notice to the Joint Agreement Administration Group; (iv) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.2(c)(iii), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Group that it wishes to have the matter referred to the Adjudication Committee instead of an Adjudicator and in such case the matter will be dealt with by the Adjudication Committee. (v) The Adjudicator or ; the Adjudication Committee will arbitrate the that question of whether the proposed agreement is consistent with this Agreement and the Physician Master Subsidiary Agreements in accordance with section 21.2; and if the Adjudicator or the Adjudication Committee decides that the proposed agreement is so consistent, it will be binding on the parties to the Local Dispute; and if the Adjudicator or the Adjudication Committee decides that the proposed agreement is not so consistent, the proposed agreement will not be implemented and section 22.2(e) will apply. (d) If the Joint Agreement Administration Group does not provide a response within the time limit referred to in section 22.2(c), the proposed agreement will be deemed to be consistent with this Agreement and the Physician Master Subsidiary Agreements. (e) If the meeting referred to in section 22.2(b) does not result in a proposed agreement between the parties to the Local Dispute to settle the Local Dispute within 15 days of the meeting or a longer period agreed to by the local parties; or if the Joint Agreement Administration Group advises, in accordance with section 22.2(c)(ii), that the proposed agreement is not consistent with this Agreement and/or the Physician Master Subsidiary Agreements; or if the Adjudicator or the Adjudication Committee decides, in accordance with section 22.2(c)(v22.2(c)(iii), that the proposed agreement is not consistent with this Agreement and/or the Physician Master Subsidiary Agreements, then: (i) the parties to the Local Dispute will submit the Local Dispute to the Government and the Doctors of BCBCMA, and will agree to be bound by the resolution of the Local Dispute pursuant to this Agreement; (ii) either the Government or the Doctors of BC BCMA may refer the Local Dispute in writing to the Joint Agreement Administration Group; and (iii) the parties to the Local Dispute may agree to be bound by recommendations from the Trouble Shooter with respect to the Local Dispute in the event that the Joint Agreement Administration Group refers the Local Dispute to the Trouble Shooter. (f) In the event that the Government or the Doctors of BC BCMA refers the Local Dispute to the Joint Agreement Administration Group under section 22.2(e), the Government and the Doctors of BC BCMA will thereafter have exclusive carriage of the Local Dispute. (g) Upon a Local Dispute being referred to the Joint Agreement Administration Group under section 22.2(e), the Joint Agreement Administration Group may direct the Trouble Shooter to attempt to facilitate a settlement of the Local Dispute.

Local Disputes. (a) A party to a Local Dispute must notify the designated representative of the other party to the Local Dispute. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of any Local Contract in issue; (ii) the facts upon which the complaining party relies; (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party. (b) Within 15 days of receipt of the notice referred to in section 22.2(a23.2(a) by the other party to the Local Dispute, the designated representatives of the parties to the Local Dispute will meet informally in an attempt to resolve the matter or to narrow the issues. (c) In the event that the meeting referred to in section 22.2(b23.2(b) results in a proposed agreement between the parties to the Local Dispute to settle the Local Dispute, they will jointly submit the proposed agreement to the Joint Agreement Administration Group. Within 15 days of receiving a proposed agreement, the Joint Agreement Administration Group will advise the parties to the Local Dispute of whether or not the proposed agreement is consistent with this Agreement and the Physician Master Subsidiary Agreements. If the Joint Agreement Administration Group advises that: (i) the proposed agreement is so consistent, the proposed agreement will be binding on the parties to the Local Dispute; (ii) the proposed agreement is not so consistent, the proposed agreement will not be implemented and section 22.2(e23.2(e) will apply;; and (iii) the Joint Agreement Administration Group cannot reach a consensus decision with respect to the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements, then, within 30 days of the Joint Agreement Administration Group advising that it cannot reach a consensus decision, either the Government or the Doctors of BC BCMA may refer the question of the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements to the Adjudicator or the Adjudication Committee with notice to the Joint Agreement Administration Group; (iv) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.2(c)(iii), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Group that it wishes to have the matter referred to the Adjudication Committee instead of an Adjudicator and in such case the matter will be dealt with by the Adjudication Committee. (v) The Adjudicator or ; the Adjudication Committee will arbitrate the question of whether the proposed agreement is consistent with this Agreement and the Physician Master Subsidiary Agreements in accordance with section 21.2; and if the Adjudicator or the Adjudication Committee decides that the proposed agreement is so consistent, it will be binding on the parties to the Local Dispute; and if the Adjudicator or the Adjudication Committee decides that the proposed agreement is not so consistent, the proposed agreement will not be implemented and section 22.2(e) will apply.that (d) If the Joint Agreement Administration Group does not provide a response within the time limit referred to in section 22.2(c23.2(c), the proposed agreement will be deemed to be consistent with this Agreement and the Physician Master Subsidiary Agreements. (e) If the meeting referred to in section 22.2(b23.2(b) does not result in a proposed agreement between the parties to the Local Dispute to settle the Local Dispute within 15 days of the meeting or a longer period agreed to by the local parties; or if the Joint Agreement Administration Group advises, in accordance with section 22.2(c)(ii23.2(c)(ii), that the proposed agreement is not consistent with this Agreement and/or the Physician Master Subsidiary Agreements; or if the Adjudicator or the Adjudication Committee decides, in accordance with section 22.2(c)(v23.2(c)(iii), that the proposed agreement is not consistent with this Agreement and/or the Physician Master Subsidiary Agreements, then: (i) the parties to the Local Dispute will submit the Local Dispute to the Government and the Doctors of BCBCMA, and will agree to be bound by the resolution of the Local Dispute pursuant to this Agreement; (ii) either the Government or the Doctors of BC BCMA may refer the Local Dispute in writing to the Joint Agreement Administration Group; and (iii) the parties to the Local Dispute may agree to be bound by recommendations from the Trouble Shooter Conflict Resolution Team with respect to the Local Dispute in the event that the Joint Agreement Administration Group refers the Local Dispute to the Trouble ShooterConflict Resolution Team. (f) In the event that the Government or the Doctors of BC BCMA refers the Local Dispute to the Joint Agreement Administration Group under section 22.2(e23.2(e), the Government and the Doctors of BC BCMA will thereafter have exclusive carriage of the Local Dispute. (g) Upon a Local Dispute being referred to the Joint Agreement Administration Group under section 22.2(e23.2(e), the Joint Agreement Administration Group may direct the Trouble Shooter Conflict Resolution Team to attempt to facilitate a settlement of the Local Dispute. (h) If the parties to the Local Dispute agree to be bound by recommendations from the Conflict Resolution Team with respect to the Local Dispute, the Conflict Resolution Team will make recommendations either by unanimity or, failing unanimity, by recommendations of the chair of the Conflict Resolution Team, and will provide a copy of such recommendations to the Joint Agreement Administration Group. Within 15 days of receiving such recommendations, the

Local Disputes. ‌‌ (a) A party to a Local Dispute must notify the designated representative of the other party to the Local Dispute. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of any Local Contract in issue; (ii) the facts upon which the complaining party relies;relies;‌ (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party. (b) Within 15 days of receipt of the notice referred to in section 22.2(a) by the other party to the Local Dispute, the designated representatives of the parties to the Local Dispute will meet informally in an attempt to resolve the matter or to narrow the issues. (c) In the event that the meeting referred to in section 22.2(b) results in a proposed agreement between the parties to the Local Dispute to settle the Local Dispute, they will jointly submit the proposed agreement to the Joint Agreement Administration Group. Within 15 days of receiving a proposed agreement, the Joint Agreement Administration Group will advise the parties to the Local Dispute of whether or not the proposed agreement is consistent with this Agreement and the Physician Master Subsidiary Agreements. If the Joint Agreement Administration Group advises that: (i) the proposed agreement is so consistent, the proposed agreement will be binding on the parties to the Local Dispute; (ii) the proposed agreement is not so consistent, the proposed agreement will not be implemented and section 22.2(e) will apply; (iii) the Joint Agreement Administration Group cannot reach a consensus decision with respect to the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements, then, within 30 days of the Joint Agreement Administration Group advising that it cannot reach a consensus decision, either the Government or the Doctors of BC may refer the question of the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements to the Adjudicator or the Adjudication Committee with notice to the Joint Agreement Administration Group;Group;‌ (iv) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.2(c)(iii), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Group that it wishes to have the matter referred to the Adjudication Committee instead of an Adjudicator and in such case the matter will be dealt with by the Adjudication Committee. (v) The Adjudicator or the Adjudication Committee will arbitrate the question of whether the proposed agreement is consistent with this Agreement and the Physician Master Subsidiary Agreements in accordance with section 21.2; and if the Adjudicator or the Adjudication Committee decides that the proposed agreement is so consistent, it will be binding on the parties to the Local Dispute; and if the Adjudicator or the Adjudication Committee decides that the proposed agreement is not so consistent, the proposed agreement will not be implemented and section 22.2(e) will apply.apply.‌ (d) If the Joint Agreement Administration Group does not provide a response within the time limit referred to in section 22.2(c), the proposed agreement will be deemed to be consistent with this Agreement and the Physician Master Subsidiary Agreements. (e) If the meeting referred to in section 22.2(b) does not result in a proposed agreement between the parties to the Local Dispute to settle the Local Dispute within 15 days of the meeting or a longer period agreed to by the local parties; or if the Joint Agreement Administration Group advises, in accordance with section 22.2(c)(ii), that the proposed agreement is not consistent with this Agreement and/or the Physician Master Subsidiary Agreements; or if the Adjudicator or the Adjudication Committee decides, in accordance with section 22.2(c)(v), that the proposed agreement is not consistent with this Agreement and/or the Physician Master Subsidiary Agreements, then: (i) the parties to the Local Dispute will submit the Local Dispute to the Government and the Doctors of BC, and will agree to be bound by the resolution of the Local Dispute pursuant to this Agreement;Agreement;‌ (ii) either the Government or the Doctors of BC may refer the Local Dispute in writing to the Joint Agreement Administration Group; and (iii) the parties to the Local Dispute may agree to be bound by recommendations from the Trouble Shooter with respect to the Local Dispute in the event that the Joint Agreement Administration Group refers the Local Dispute to the Trouble Shooter. (f) In the event that the Government or the Doctors of BC refers the Local Dispute to the Joint Agreement Administration Group under section 22.2(e), the Government and the Doctors of BC will thereafter have exclusive carriage of the Local Dispute.Dispute.‌ (g) Upon a Local Dispute being referred to the Joint Agreement Administration Group under section 22.2(e), the Joint Agreement Administration Group may direct the Trouble Shooter to attempt to facilitate a settlement of the Local Dispute.