OF DECISIONS Sample Clauses

The "OF DECISIONS" clause defines how decisions are to be made within the context of the agreement or organization. It typically outlines the process for reaching decisions, such as specifying voting procedures, quorum requirements, or the authority of certain individuals or bodies to make binding choices. For example, it may state that a majority vote of board members is required to approve major actions, or that certain decisions need unanimous consent. The core function of this clause is to establish a clear and consistent method for making important determinations, thereby preventing disputes and ensuring orderly governance.
OF DECISIONS. Decisions as to jurisdiction claims and decisions determining whether or not the decisions have been violated as rendered by the umpire shall be binding, final and conclusive on all of the Parties agreeing to the operation of this Jurisdiction Dispute Resolution Plan, except as otherwise provided in Section III. To further implement the decision of the umpire, any Party, may, at any time, file a complaint in writing with the umpire alleging a violation of a decision previously made. The umpire shall thereupon set a hearing to be held within three (3) days of receipt of the complaint with respect to the alleged violation and shall notify, by registered mail or facsimile, all interested Parties of the time and place thereof. The umpire shall conduct a hearing at the time and place specified in this notice. All Parties shall be given an opportunity to testify and present documentary evidence relating to the said matter of the hearing within forty-eight (48) hours after the conclusion thereof. The umpire shall render a written decision in the matter and shall state whether or not there has been a violation of his/her prior decision. Copies of the decision shall be mailed by registered mail or facsimile to all parties thereto. Should the umpire determine that there has been a violation of his/her decision, he/she shall order immediate compliance by the offending Party or Parties. The umpire shall take the following action to enforce compliance with his/her decision including a directive to make a specific assignment of work. a) He/she shall levy a fine of $250.00 per day for each violation against the offender, i.
OF DECISIONS. Decisions as to Jurisdictional claims and decisions determining whether or not such decisions have been violated as rendered by the Umpire shall be binding, final and conclusive on all of the parties agreeing to the operation of this jurisdiction Disputes Resolution Plan, except as otherwise provided in Article V. To further implement the decision of the Umpire, any party may at any time file a complaint in writing with the Umpire alleging a violation of a decision previously made. The Umpire shall thereupon set a hearing to be held within three (3) days of receipt of the complaint with respect to the alleged violation and shall notify, by registered mail, all interested parties of the time and place thereof. The Umpire shall conduct a hearing at the time and place specified in this notice, all parties shall be given an opportunity to testify and present documentary evidence relating to the said matter of the hearing within forth-eight (48) hours after the conclusion thereof. The Umpire shall render a written decision in the matter and shall state whether or not there has been a violation of his prior decision. Copies of the decision shall be mailed by registered mail to all parties thereto. Should the Umpire determine that there has been a violation of his decision, he shall order immediate compliance by the offending party or parties. The Umpire may take the following action to enforce compliance with his decision and award costs, including a directive to make a specific assignment of work. (a) He shall levy a fine of $50.00 to $250.00 per day for each violation against the offender, i.e. Contractor and/or Union, represented by the parties hereto. The fine shall be paid to the Council and submitted to the Newfoundland and Labrador Health Care Fund. Should a member of either party to the Agreement fail to pay the amount levied within fifteen (15) days, he shall be deprived of all benefits of the Umpire until such time as the matter is adjusted to the satisfaction of the Umpire. (b) He may file an application in any Court of competent jurisdiction to have his decision confirmed and for entry of a judgment in conformity therewith. (c) He may take further or additional action he deems necessary to secure compliance with his decision. (d) The Umpire shall determine the losing party in each case. If the Contractor or Association's final assignment is changed by the Umpire, the Contractor or Association (whichever party made the assignment) AND the assigned tra...

Related to OF DECISIONS

  • Effect of Decision The decision or award of the arbitrator shall be final and binding upon the University, the UFF, and the grievant, provided that either party may appeal to an appropriate court of law a decision that was rendered by the arbitrator acting outside of or beyond the arbitrator's jurisdiction, pursuant to Section 682.13, Florida Statutes.

  • Automated decisions For purposes hereof “automated decision” shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when: a) i. such decisions are made by the data importer in entering into or performing a contract with the data subject, and

  • Claim Decision Upon receipt of such claim, the Plan Administrator shall respond to such claimant within ninety (90) days after receiving the claim. If the Plan Administrator determines that special circumstances require additional time for processing the claim, the Plan Administrator can extend the response period by an additional ninety (90) days for reasonable cause by notifying the claimant in writing, prior to the end of the initial ninety (90) day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Plan Administrator expects to render its decision. If the claim is denied in whole or in part, the Plan Administrator shall notify the claimant in writing of such denial. The Plan Administrator shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth: (i) The specific reasons for the denial; (ii) The specific reference to pertinent provisions of the Agreement on which the denial is based; (iii) A description of any additional information or material necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; (iv) Appropriate information as to the steps to be taken if the claimant wishes to submit the claim for review and the time limits applicable to such procedures; and (v) A statement of the claimant’s right to bring a civil action under ERISA Section 502(a) following an adverse benefit determination on review.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Attachment Facilities, System Upgrade Facilities, or System Deliverability Upgrades.

  • Review of Decision Within sixty (60) days after the Secretary’s receipt of a request for review, he or she will review the Company’s determination. After considering all materials presented by the Claimant, the Secretary will render a written opinion, written in a manner calculated to be understood by the Claimant, setting forth the specific reasons for the decision and containing specific references to the pertinent provisions of this Agreement on which the decision is based. If special circumstances require that the sixty (60) day time period be extended, the Secretary will so notify the Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after receipt of the request for review.