Common use of OF DECISIONS Clause in Contracts

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 trade are the losing parties, and they shall equally share the Umpire's fees and expenses. If the Contractor or Association's final assignment is not changed by the Umpire, the claiming trade shall pay the Umpire's fees and expenses.

OF DECISIONS. Decisions as to Jurisdictional jurisdiction claims and decisions determining whether or not such 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 Disputes Jurisdiction Dispute Resolution Plan, except as otherwise provided in Article V. III. To further implement the decision of the Umpire, any party may party, may, at any time 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 . All parties shall be given an opportunity to testify and present documentary evidence relating to the said matter of the hearing within forthforty-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 his/her 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 his/her decision, he he/she shall order immediate compliance by the offending party or parties. The Umpire may shall take the following action to enforce compliance with his his/her decision and award costs, including a directive to make a specific assignment of work. (a) He He/she 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 COUNCIL OF UNIONS and submitted to the Newfoundland and Labrador Health Care Fundaffected Union or Unions consistent with the decision of the Umpire. Should a member of either party to the Agreement this AGREEMENT fail to pay the amount levied within fifteen (15) days, he he/she shall be deprived of all benefits of the Umpire until such the time as the matter is adjusted to the satisfaction of the Umpire. (b) He may He/she shall file an application in any Court court of competent jurisdiction to have his his/her decision confirmed and for entry of a judgment judgemnt in conformity therewith. (c) He may He/she shall take any further or additional action he he/she deems necessary to secure compliance with his his/her decision. (d) The Umpire shall determine the losing party in each case. If the Contractor CONTRACTOR or Association's ASSOCIATION’s final assignment is changed by the Umpireumpire, the Contractor CONTRACTOR or Association ASSOCIATION (whichever party made the assignment) AND the assigned trade are the losing parties, and they shall equally share the Umpire's umpires fees and expenses. If the Contractor CONTRACTOR or Association's ASSOCIATION’S final assignment is not changed by the Umpire, the claiming trade trades shall pay the Umpire's umpire’s fees and expenses.