Negotiation and Arbitration. SEC.
3.01. The services to be performed by the employees covered by this Agreement pertain to and are essential to the operation of a public utility and to the welfare of the public dependent thereon, and in consideration thereof, and of the agreements and conditions herein, to be kept and performed by the Company, and the Local Union agrees that under no conditions, and in no event whatsoever, will the employees who are members of the Brotherhood covered by this Agreement be called upon or permitted to cease or abstain from the continuous performance of the duties pertaining to the positions held by them under the Company, in accord with the terms of this Agreement, and the Company agrees on its part to do nothing to provoke interruption of or prevent such continuity of performance of said employees, insofar as such performance is required in the normal and usual operation of the Company's property, and that any differences that may arise between the above mentioned parties shall be settled in the manner herein provided.
3.02. Should a contingency arise where an employee and/or employees covered by this Agreement, ceases work of his or their own volition, the Local Union hereby agrees to provide the Company with proper and adequate services to enable the Company to continue operation of its properties without interruption or other injurious effect.
3.03. In case of any disagreement arising between the Company and any employee and/or employees under this Agreement, such disagreement shall be first presented by such employee or employees to the Supervisor of the Company in charge of the work and the Business Manager of the Local Union or his representative. The settlement of any grievance by a first line supervisor and a xxxxxxx will be considered on a non-precedent basis and neither party will rely on the grievance settlement to support its position on any matter in the future.
Negotiation and Arbitration. In the event of a controversy, dispute or Action between the Parties arising out of, in connection with, or in relation to this Agreement or any of the transactions contemplated hereby, including with respect to the interpretation, performance, nonperformance, validity or breach thereof, and including any Action based on contract, tort, statute or constitution, including the arbitrability of such controversy, dispute or Action, the procedures as set forth in Article X of the Separation Agreement shall apply, mutatis mutandis.
Negotiation and Arbitration. (a) In the event of a controversy, dispute or Action between the Parties arising out of, in connection with, or in relation to this Agreement or any of the transactions contemplated hereby, including with respect to the interpretation, performance, nonperformance, validity or breach thereof, and including any Action based on contract, tort, statute or constitution, including but not limited to the arbitrability of such controversy, dispute or Action and any controversy, dispute or Action related to Section 9.7 concerning privilege issues (a “Dispute”), the following provisions shall apply, unless expressly specified herein.
Negotiation and Arbitration. The parties shall attempt in good faith to resolve any controversy, and any alleged breach or default, arising out of or relating to this Agreement, promptly by confidential negotiations between persons who have complete authority to settle the matter in dispute as follows (the "Negotiations"). All Negotiations shall be treated as compromise and settlement negotiations for purposes of the relevant rules of evidence. A party shall give the other party certified mail return receipt requested written notice of any dispute ("Dispute Notice"). Within ten (10) days after delivery of the Dispute Notice, the receiving party shall submit to the other a written response ("Response"
Negotiation and Arbitration. SEC.
3.01. The services to be performed by the employees covered by this Agreement pertain to and are essential to the operation of a public utility and to the welfare of the public dependent thereon, and in consideration thereof, and of the agreements and conditions herein, to be kept and performed by the Company, and the Local Union agrees that under no conditions, and in no event whatsoever, will the employees who are members of the Brotherhood covered by this Agreement be called upon or permitted to cease or abstain from the continuous performance of the duties pertaining to the positions held by them under the Company, in accord with the terms of this Agreement, and the Company agrees on its part to do nothing to provoke interruption of or prevent such continuity of performance of said employees, insofar as such performance is required in the normal and usual operation of the Company's property, and that any differences that may arise between the above-mentioned parties shall be settled in the manner herein provided.
Negotiation and Arbitration. 23.01 In the event that notice is given as specified in Article 22.01, and the parties have attempted, but failed, to reach an agreement on terms and conditions of service, the matter may be referred by either party to an Arbitration Board, using the following procedures:
23.01 (a) The party seeking arbitration shall notify the other party, giving the name of its nominee to the Arbitration Board together with a list of those items it wishes to refer to the Board.
23.01 (b) The other party shall respond within ten (10) working days of receipt of this notice and shall advise the name and address of its appointee to the Arbitration Board and shall also indicate any additional issues which it wishes to refer to the Arbitration Board.
23.01 (c) The two (2) appointees so elected shall, within five (5) working days after receipt of notice of appointment of the second of them, appoint a third person who shall be Chair of the Arbitration Board.
23.01 (d) If the recipient of the notice fails to name an appointee, or if the two (2) appointees fail to agree on a Chair within the time limit, the appointment may be made by the Minister of Labour upon request by the party.
23.02 The Arbitration Board is governed by the following provisions:
(a) The Arbitration Board shall have jurisdiction to hear and render a decision on any issue which is unresolved between the parties, and which is not specifically excluded from its jurisdiction by the provisions of paragraphs (b) or (c) below.
(b) The Arbitration Board shall not have jurisdiction to consider any item which
(c) The Arbitration Board shall not have jurisdiction to consider any matter which pertains to standards of patient care.
(d) All matters concerning teaching hospital facilities including but not limited to those outlined in Article 20 shall first be processed through the Joint Consultation Committee, where every reasonable effort will be made to resolve those issues. If every reasonable effort has not been made by the Joint Consultation Committee, and the teaching hospital concerned, to resolve the matter to the satisfaction of the parties, then the Arbitration Board shall have jurisdiction over the matter and will render a decision which is binding on both parties and the teaching hospital(s) concerned. If, however, the Arbitration Board finds that every reasonable effort has been made by the Joint Consultation Committee and the hospital(s) concerned to resolve the issue, it shall have no jurisdiction to hear the...
Negotiation and Arbitration. SECTION 3.01 The parties agree that the operations of the Cooperative upon which the employees covered in this Agreement are to be engaged are essential to the welfare of the community served by it and recognize their obligations to furnish continuous electric service.
SECTION 3.02 The Cooperative agrees to meet and to treat the duly accredited officers and committees of the Union in the following manner on differences that may arise between the Cooperative and the Union.
(a) In case of any disagreement, coming under the scope of this Agreement or any amendments thereof, arising between the Cooperative and any employee, employees, and/or the Union, such disagreement shall first be presented by such employee, employees or the Union to the exempt Supervisor of the Cooperative in charge of the work and the Business Representative of the Local within ten (10) working days from the date the employee knew (or should have known) of the acts or causes giving rise to the grievance. If it cannot be worked out between the exempt Supervisor and Business Representative then within ten (10) working days of the meeting between the exempt Supervisor and the Business Representative it shall be presented to the General Manager who shall respond in writing to the Union within ten (10) working days.
(b) Any differences that may arise between the Cooperative and the Local Union concerning wage reviews at dates specified in the Agreement or concerning amendments to the Agreement at any anniversary or termination date which the representatives of the Cooperative and the Local Union are unable to settle shall be submitted at the request of either party to arbitration as provided in Section 3.05.
Negotiation and Arbitration. In the event of a controversy, dispute or Action between the Parties arising out of, in connection with, or in relation to this Agreement or any of the transactions contemplated hereby or thereby, the following sections of the Separation Agreement shall apply mutatis mutandis to this Agreement as if such provisions had been set out expressly in this Agreement: 10.1 (Negotiation and Arbitration) and 10.2 (Continuity of Service and Performance).
Negotiation and Arbitration. In the event of any dispute arising between the Parties concerning this Agreement, its enforceability, or its interpretation, the following procedure shall apply:
13.1.1 Prior to engaging in any formal dispute resolution with respect to any dispute, controversy or claim arising out of or in relation to this Agreement or the breach, termination or invalidity of this Agreement (each, a “Dispute”), the Chief Executive Officers of the Parties shall attempt to resolve the Dispute for a period not less than thirty (30) days.
13.1.2 Except for any Dispute with respect to Intellectual Property Rights, which may, at the option of the other Party, be dealt with by commencing an action in a court of competent jurisdiction, any Dispute that cannot be settled amicably by agreement of the Parties pursuant to Section 13.1.1 may, on mutual agreement of the Parties, be finally settled by a single arbitrator appointed pursuant to the rules of The Center for Public Resource’s Institute for Dispute Resolution.
13.1.3 The place of arbitration shall be Seattle, Washington and the language to be used in the arbitration proceedings shall be English.
13.1.4 The award rendered in any arbitration shall be final and binding upon both Parties. The judgment rendered by the arbitrator(s) shall include costs of arbitration, reasonable legal fees and reasonable costs for any expert and other witnesses.
13.1.5 Nothing in this Agreement shall be deemed as preventing either Party from seeking specific performance, injunctive relief (or any other equitable relief), in respect of any actual or threatened breach of this Agreement, without proof of actual damages, from any court having jurisdiction over the Parties and the subject matter of the Dispute as necessary to protect either Party’s name, Confidential Information or Intellectual property.
13.1.6 Notwithstanding the provisions of Subsections 13.1.2 through 13.1.5 inclusive, either Party shall be free to submit any Dispute relating to Intellectual Property Rights to any court having jurisdiction over the Parties and the subject matter of the Dispute and to seek such relief and remedies as are available in that court.
13.1.7 Each Party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute.
Negotiation and Arbitration. The Parties agree that the operations of the Cooperatives upon which the employees covered in this Agreement are to be engaged are essential to the welfare of the community served by it and recognize their obligations to furnish continuous electric service.
