Nonapplicability of Collective Bargaining Agreement Grievance Procedure Sample Clauses

Nonapplicability of Collective Bargaining Agreement Grievance Procedure. No matter respecting the Plan as supplemented by this Agreement or any difference arising thereunder shall be subject to the Grievance Procedure established in the Collective Bargaining Agreement between the Company and the Union.
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Nonapplicability of Collective Bargaining Agreement Grievance Procedure. No matter respecting the Plan as supplemented by this Agreement or any difference arising thereunder shall be subject to the Grievance Procedure established in the Collective Bargaining Agreement between the Company and the Union. Any dispute or disagreement arising between the Company and the Union with respect to this Agreement or the Plan shall be immediately referred to the Vice President and Director of the UAW National Ford Department and the Company’s Vice President, Labor Affairs. The Company and the Union recognize it is in the best interests of the parties to work diligently to resolve such disputes or disagreements. If the parties are unable to obtain a mutually agreeable resolution to such a dispute or disagreement, then either party may refer such dispute or disagreement to a mutually acceptable impartial person for resolution upon 30 days’ notice to the other party. The resolution of any such dispute or disagreement by such impartial person shall be in accordance with, and subject to, the provisions of the Plan, and shall be final and binding upon the Union, Participants, beneficiaries and the Company. Such impartial person shall not, however, have any authority to determine accounting policies or any adjustment made by the Company used in the computation of NA EBIT or to change the dollar amount of NA EBIT. The determination of accounting policies (e.g., depreciation, LIFO, expense allocation, etc.), so long as they are within generally accepted accounting principles, remains within the sole discretion of the Company and such determination of accounting policies shall be final and binding upon the Union, Participants, beneficiaries and the Company. However, to the extent provided in the “Memorandum of Exceptions to Section 3,” and for purposes of the Plan only, the impartial person shall have authority to resolve disputes and disagreements between the parties such that Eligible Profit Share Amounts are calculated with the core principle that Employees deserve to share in the economic gains the Company realizes from its North American automotive operations. Accordingly, the impartial person shall be empowered to resolve such disputes and disagreements between the parties based on the idea that Eligible Profit Share Amounts should reflect and be linked to the nature of the profitability figures the Company reports to investors. Under such circumstances, the impartial person may modify the Eligible Profit Share Amount for purposes of payment un...
Nonapplicability of Collective Bargaining Agreement Grievance Procedure. No matter respecting the Plan as supplemented by this Agreement or any difference arising thereunder shall be subject to the Grievance Procedure established in the Collective Bargaining Agreement between the Company and the Union. SECTION 5 AGREEMENT CONCERNING TAX-EFFICIENT SAVINGS PLAN FOR HOURLY EMPLOYEES Section 5. Term of Agreement; Notice to Modify or Terminate This Agreement and the Plan will continue in effect until the termination of the Collective Bargaining Agreement dated November 3, 2007 between the Company and the Union. The Plan shall be renewed automatically for successive one-year periods thereafter unless either party shall give written notice to the other at least 60 days prior to September 14, 2011, (or any subsequent anniversary date) of its desire to amend or modify the Plan as of one of the dates specified in this Section (it being understood, however, that the foregoing provision for automatic one-year renewal periods shall not be construed as an endorsement by either party of the proposition that one year is a suitable term for such a Plan). If such notice is given, the Plan shall be open to modification or amendment on September 14, 2011, or the subsequent anniversary date, as the case may be. If either party shall desire to terminate this Agreement, it may do so on September 14, 2011, or any subsequent anniversary date, by giving written notice to the other party at least 60 days prior to the date involved. Any- thing herein which might be construed to the contrary notwithstanding, however, it is understood that termina- tion of this Agreement shall not have the effect of automatically terminating the Plan. Notwithstanding termination of this Agreement and the Plan, any profit sharing distributions pursuant to the Ford Motor Company Profit Sharing Plan for Hourly Employees in the United States that otherwise would be contributed to the trust fund under this Plan with respect to calendar year 2011 shall be contributed and administered in accordance with the provisions of this Agreement and the Plan. Any notice under this Agreement shall be in writing and shall be sufficient, if sent by mail addressed, if to the Union, to International Union, UAW, 0000 Xxxx Xxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, or to such other ad- dress as the Union shall furnish to the Company in SECTION 5 AGREEMENT CONCERNING TAX-EFFICIENT SAVINGS PLAN FOR HOURLY EMPLOYEES writing, and if to the Company, to Ford Motor Company, Dearborn, Michigan 48121, Atte...

Related to Nonapplicability of Collective Bargaining Agreement Grievance Procedure

  • Collective Bargaining Agreement 9 Company................................................................. 9 Competitor.............................................................. 9 Component............................................................... 9

  • Collective Bargaining Agreements This chapter shall be superseded by a collective bargaining agreement that expressly so provides.

  • Collective Bargaining The School shall be subject to collective bargaining under Ch. 89, HRS, and shall comply with the master agreements as negotiated by the State; provided that the School may enter into supplemental collective bargaining agreements that contain cost and non-cost items to facilitate decentralized decision-making. The School shall provide a copy of any supplemental collective bargaining agreement to the Commission.

  • Labor Disputes No labor disturbance by or dispute with employees of the Company or any of its Subsidiaries exists or, to the knowledge of the Company, is threatened which would reasonably be expected to result in a Material Adverse Effect.

  • Obligations Limited to Parties to Agreement Each of the parties hereto covenants, agrees and acknowledges that no Person other than the Partnership and the Holders shall have any obligation hereunder and that, notwithstanding that one or more of the Holders may be a corporation, partnership or limited liability company, no recourse under this Agreement or under any documents or instruments delivered in connection herewith or therewith shall be had against any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder or Affiliate of any of the Holders or any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder or Affiliate of any of the foregoing, whether by the enforcement of any assessment or by any legal or equitable proceeding, or by virtue of any applicable law, it being expressly agreed and acknowledged that no personal liability whatsoever shall attach to, be imposed on or otherwise be incurred by any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder or Affiliate of any of the Holders or any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder or Affiliate of any of the foregoing, as such, for any obligations of the Holders under this Agreement or any documents or instruments delivered in connection herewith or therewith or for any claim based on, in respect of or by reason of such obligation or its creation, except in each case for any assignee of the Holders hereunder.

  • Labor Disputes and Acts of God Neither the business nor the properties of the Borrower or any Subsidiary or any Guarantor are affected by any fire, explosion, accident, strike, lockout, or other labor dispute, drought, storm, hail, earthquake, embargo, act of God or of the public enemy, or other casualty (whether or not covered by insurance), materially and adversely affecting such business or properties or the operation of the Borrower or such Subsidiary or such Guarantor.

  • Litigation, Labor Controversies, etc There is no pending or, to the knowledge of the Borrower or any of its Subsidiaries, threatened litigation, action, proceeding or labor controversy

  • Third Party Administrators for Defined Contribution Plans 2.1 The Fund may decide to make available to certain of its customers, a qualified plan program (the “Program”) pursuant to which the customers (“Employers”) may adopt certain plans of deferred compensation (“Plan or Plans”) for the benefit of the individual Plan participant (the “Plan Participant”), such Plan(s) being qualified under Section 401(a) of the Code and administered by TPAs which may be plan administrators as defined in the Employee Retirement Income Security Act of 1974, as amended.

  • Labor Disputes; Compliance (a) Seller has complied in all material respects with all Legal Requirements relating to employment practices, terms and conditions of employment, equal employment opportunity, nondiscrimination, immigration, wages, hours, benefits, collective bargaining and other employment practices, the payment of social security and similar Taxes and occupational safety and health. Seller is not liable for the payment of any Taxes, fines, penalties, or other amounts, however designated, for failure to comply with any of the foregoing Legal Requirements.

  • GRIEVANCE PROCEDURE 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

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