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 issue. (e) The Arbitration Board shall hear and determine the matters in the submission to arbitration that are within its jurisdiction. The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to make representation. (f) Each party shall be responsible for the expenses and remuneration of its nominee to the Arbitration Board and shall share equally in the expenses and remuneration of the Chair. (g) The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board and shall be final and binding on the parties. DATED at Halifax, Nova Scotia, this 12 of April, 2013.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Negotiation and Arbitration. 23.01 In If the event that notice is given Parties should have a material dispute arising out of or relating to this Agreement or the Parties’ respective rights and duties hereunder, except as specified otherwise provided for by Section 5, then the Parties will resolve such dispute 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 manner: (a) The party seeking arbitration shall notify any Party may at any time deliver to the other party, giving a written dispute notice setting forth a brief description of the name of its nominee to issue for which such notice initiates the Arbitration Board together with a list of those items it wishes to refer to the Board.
23.01 dispute resolution mechanism contemplated by this Section; (b) The other party shall respond during the twenty (20) day period following the delivery of the notice described in clause (a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiation, then within ten (10) working days of receipt of this notice and shall advise after the name and address of its appointee period described in clause (b) above, the Parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration in the county in which Executive’s principal offices are located. In any arbitration pursuant to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the American Arbitration Board and Association (“AAA”) shall also indicate any additional issues which it wishes to refer apply to the proceedings and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code of Civil Procedure; and (z) the award or decision shall be rendered by a majority of the members of a Board of Arbitration Board.
23.01 consisting of three (c3) The members, one of whom shall be appointed by each of the respective Parties and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (230) appointees so elected shall, within five (5) working days after receipt the commencement of notice of the arbitration proceeding upon the appointment of the second of themthird arbitrator, appoint a the third person who arbitrator shall be Chair appointed by the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the Arbitration Board.
23.01 arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (d3) If member Board of Arbitration. Upon the recipient completion of the notice fails to name an appointee, selection of the Board of Arbitration (or if the two Parties otherwise agree in writing to a single arbitrator) an award or decision shall be rendered within no more than thirty (230) appointees fail days. Notwithstanding the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to agree on a Chair arbitration and may be adjudicated by the courts located within the time limitcounty in which Executive’s offices are located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all reasonable legal fees and expenses which Executive may reasonably incur as a result of any dispute or contest (regardless of the outcome thereof) by the Company, the appointment may be made Executive (but excluding disputes or contests by Executive not in good faith or that are frivolous) or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any dispute or contest by the Minister Executive about the amount of Labour upon request any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code; provided, that this sentence shall not apply to disputes or contests by the party.
23.02 The Arbitration Board is governed by the following provisions:
Company (ai) 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 involving enforcement of the provisions of paragraphs (b) Section 5 by injunctive or other, similar equitable relief, or (cii) below.
for damages for the violation of Section 5 (b) The Arbitration Board shall not unless such dispute or contest for damages also involves a claim by Executive that amounts owed to him hereunder 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) concernedpaid). 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 issue.
(e) The Arbitration Board shall hear and determine the matters in the submission to arbitration that are within its jurisdiction. The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to make representation.
(f) Each party Amounts shall be responsible for the expenses and remuneration invoiced within sixty (60) days of its nominee to the Arbitration Board and shall share equally in the expenses and remuneration of the Chair.
(g) The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board being incurred and shall be final and binding on the parties. DATED at Halifax, Nova Scotia, this 12 of April, 2013paid within fifteen (15) days after being invoiced.
Appears in 2 contracts
Samples: Employment Agreement (Noven Pharmaceuticals Inc), Employment Agreement (Hisamitsu U.S., Inc.)
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 whichwhich constitutes an educational requirement of the prescribed program for any Resident to which the collective agreement applies, including but not limited to, the hours of work as required for educational purposes by the Royal College of Physicians and Surgeons of Canada, the Conjoint Committee of Accreditation of Pre-Registration Physician Training Programs, the College of Family Physicians of Canada and Dalhousie University.
(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 issue.
(e) The Arbitration Board shall hear and determine the matters in the submission to arbitration that are within its jurisdiction. The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to make representation.
(f) Each party shall be responsible for the expenses and remuneration of its nominee to the Arbitration Board and shall share equally in the expenses and remuneration of the Chair.
(g) The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board and shall be final and binding on the parties. DATED at Halifax, Nova Scotia, this 12 of April, 2013.
Appears in 1 contract
Samples: Collective Agreement
Negotiation and Arbitration. 23.01 In If the event that notice is given Parties should have a material dispute arising out of or relating to this Agreement or the Parties’ respective rights and duties hereunder, except as specified otherwise provided for by Section 6, then the Parties will resolve such dispute 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 manner: (a) The party seeking arbitration shall notify any Party may at any time deliver to the other party, giving a written dispute notice setting forth a brief description of the name of its nominee to issue for which such notice initiates the Arbitration Board together with a list of those items it wishes to refer to the Board.
23.01 dispute resolution mechanism contemplated by this Section; (b) The other party shall respond during the twenty (20) day period following the delivery of the notice described in Section 18(a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiation, then within ten (10) working days of receipt of this notice and shall advise after the name and address of its appointee period described in Section 18(b) above, the Parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration in the county in which Executive’s principal offices are located. In any arbitration pursuant to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the America Arbitration Board and Association (“AAA”) shall also indicate any additional issues which it wishes to refer apply to the proceedings and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code of Civil Procedure; and (z) the award or decision shall be rendered by a majority of the members of a Board of Arbitration Board.
23.01 consisting of three (c3) The members, one of whom shall be appointed by each of the respective Parties and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (230) appointees so elected shall, within five (5) working days after receipt the commencement of notice of the arbitration proceeding upon the appointment of the second of themthird arbitrator, appoint a the third person who arbitrator shall be Chair appointed by the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the Arbitration Board.
23.01 arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (d3) If member Board of Arbitration. Upon the recipient completion of the notice fails to name an appointee, selection of the Board of Arbitration (or if the two Parties otherwise agree in writing to a single arbitrator) an award or decision shall be rendered within no more than thirty (230) appointees fail days. Notwithstanding the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to agree on a Chair arbitration and may be adjudicated by the courts located within the time limitcounty in which Executive’s offices are located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, the appointment may be made by the Minister of Labour upon request by the partyOR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED.
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 issue.
(e) The Arbitration Board shall hear and determine the matters in the submission to arbitration that are within its jurisdiction. The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to make representation.
(f) Each party shall be responsible for the expenses and remuneration of its nominee to the Arbitration Board and shall share equally in the expenses and remuneration of the Chair.
(g) The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board and shall be final and binding on the parties. DATED at Halifax, Nova Scotia, this 12 of April, 2013.
Appears in 1 contract
Negotiation and Arbitration. 23.01 In If the event that notice is given Parties should have a material dispute arising out of or relating to this Agreement or the Parties’ respective rights and duties hereunder, except as specified otherwise provided this subsection (b) or the Covenant Agreement referenced in Article 22.01Section 5, and then 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 Parties will resolve such dispute in the following procedures:
23.01 manner: (a) The party seeking arbitration shall notify any Party may at any time deliver to the other party, giving a written dispute notice setting forth a brief description of the name of its nominee to issue for which such notice initiates the Arbitration Board together with a list of those items it wishes to refer to the Board.
23.01 dispute resolution mechanism contemplated by this Section; (b) The other party shall respond during the twenty (20) day period following the delivery of the notice described in subsection (a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiation, then within ten (10) working days of receipt of this notice and shall advise after the name and address of its appointee period described in subsection (b), the Parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration exclusively in the state and county in which the Company’s principal office is located. In any arbitration pursuant to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the America Arbitration Board and Association (“AAA”) shall also indicate any additional issues which it wishes to refer apply to the proceedings and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Rules of Civil Procedure; and (z) the award or decision shall be rendered by a majority of the members of a Board of Arbitration Board.
23.01 consisting of three (c3) The members, one of whom shall be appointed by each of the respective Parties and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (230) appointees so elected shall, within five (5) working days after receipt the commencement of notice of the arbitration proceeding upon the appointment of the second of themthird arbitrator, appoint a the third person who arbitrator shall be Chair appointed by the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the Arbitration Board.
23.01 arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (d3) If member Board of Arbitration. Upon the recipient completion of the notice fails to name an appointee, selection of the Board of Arbitration (or if the two Parties otherwise agree in writing to a single arbitrator) an award or decision shall be rendered within no more than thirty (230) appointees fail to agree on a Chair within days. Notwithstanding the time limitforegoing, the appointment request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be made adjudicated 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 issue.
(e) The Arbitration Board shall hear and determine the matters courts located exclusively in the submission to arbitration that are within its jurisdictionstate and county in which the Company’s principal office is located. The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to make representationANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED.
(f) Each party shall be responsible for the expenses and remuneration of its nominee to the Arbitration Board and shall share equally in the expenses and remuneration of the Chair.
(g) The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board and shall be final and binding on the parties. DATED at Halifax, Nova Scotia, this 12 of April, 2013.
Appears in 1 contract
Samples: Employment Agreement (Whitney Information Network Inc)