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.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
OF DECISIONS. Decisions as to jurisdiction jurisdictional claims and decisions determining whether or not the such decisions have been violated as rendered by the umpire Umpire shall be binding, final and conclusive on all of the Parties parties agreeing to the operation of this Jurisdiction Dispute Resolution PlanJurisdictional Assignment Plan of the British Columbia Construction Industry, except as otherwise provided in Section III. Articles IX and X. To further implement the decision of the umpireUmpire, any Party, may, party and any of the members or affiliates and any Employer may at any time, time file a complaint in writing with the umpire Umpire alleging a violation of a decision previously made. The umpire 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 facsimilemail, all interested Parties parties of the time and place thereof. The umpire Umpire shall conduct a hearing at the time and place specified in this notice. All Parties 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 Umpire shall render a written decision in the matter and shall state whether or not there has been a violation of his/her his prior decision. Copies of the decision shall be mailed by registered mail or facsimile to all parties thereto. Should the umpire Umpire determine that there has been a violation of his/her his decision, he/she he shall order immediate compliance by the offending Party party or Partiesparties. The umpire shall Umpire may take the following action to enforce compliance with his/her decision his decision, including a directive to make a specific assignment of work.:
(a) He/she shall He may levy a fine of $250.00 50 to $250 per day for each violation against the offender, ; i.
Appears in 1 contract
Samples: Jurisdictional Assignment Plan