Procedure; Arbitration. The Termination Notice shall specify the basis for the same and shall become effective (1) ten (10) days after the date of the Termination Notice in connection with a termination described in subsection A(1), A(2) or A(3) above, and (2) immediately in connection with a termination described in subsection A(4) above. However, ESC, may dispute the existence of grounds for the termination described in subsection A(1), A(2) or A(3) (but not subsection A(4)) by written notice (“Arbitration Notice“) to BREA within ten (10) days after its receipt of the Termination Notice. If ESC fails to provide an Arbitration Notice within such ten (10) day period, then notwithstanding anything to the contrary herein, ESC shall have no right to dispute the effectiveness of the Termination Notice, which shall be conclusive. In the event an Arbitration Notice is given within the period set forth above, then
Procedure; Arbitration. For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between an employee and the Employer, or between the parties hereto relating to the interpretation, application, administration, or alleged violation of this Agreement. It is the mutual desire of the Employer and the Alliance that complaints and/or differences are dealt with as quickly as possible, taking into account the unique nature of First Nation policing, and respectful dispute resolution. It is understood that an employee has no grievance until the employee has first given the employee’s immediate supervisor the opportunity to deal with the plaint STEP ONE in this process shall be a meeting between the Employee and/or an Alliance representative who is a designated member of the bargaining unit, and the Employer wherein they attempt to resolve the through discussions. If, within thirty (30) calendar days of the facts giving rise to the initial the matter has not been resolved at Step One, then the grievance may proceed to Step Two of this grievance procedure. STEP TWO The grievance shall be filed in writing with the Office of the Chief of Police. The grievance shall identify the nature of the grievance; the remedy sought, and shall, where possible, specify the provisions of the Agreement that are alleged to have been violated. The Chief of Police shall deliver a decision in writing within twenty (20) calendar days from the date of the filing of the grievance at Step Two.
Procedure; Arbitration. In this Article a grievance shall consist only of a dispute concerning the interpretation and application of any clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. If any question arises as to whether a particular dispute is, or is not a grievance, within the meaning of these provisions, the question may be taken up through the Grievance Procedure and determined if necessary, by Arbitration. There shall be an xxxxxxx effort on the part of both parties, to settle such grievance promptly, through the following steps: By conference between the aggrieved employee, Xxxxxxx and Xxxxxxx. Such conference to be held within five working days (Saturdays, Sundays and General Holidays excluded) and the Xxxxxxx shall give his answer within five working days (Saturdays, Sundays and General Holidays excluded) of the presentation of the grievance to Failing settlement as in by the Xxxxxxx and the Xxxxxxx, the Xxxxxxx may ask the Xxxxxxx to make an appointment with the Manager in an effort to reach a settlement. It shall be the responsibility of the Xxxxxxx and the Xxxxxxx to submit a written report to the Manager. If a grievance is not settled after making every endeavour in procedures outlined in and it shall be referred to the General Manager. the parties fail to satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to a Board of Arbitration as outlined below. In the event that the Company has a grievance, the Manager or General Manager shall endeavour to settle the matter with the Xxxxxxx and in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his purpose by the Company and by the Local Unions. The Joint Grievance Committee will render a decision unless it is which shall be final and binding and have the same judicial powers as a Board of Arbitration established under the following provisions. The Joint Grievance Committee shall be comprised of two persons, one of whom shall be selected from Management and one from the Local Unions. It is understood that in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local...
Procedure; Arbitration. A grievance shall consist of a dispute concerning interpretation application of any clause in this Agreement and alleged violation of the Agreement. any question arises as to whether a particular dispute is or is not a grievance the meaning these provisions, the question may be taken up the Grievance Procedure necessary, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly steps by a conference the aggrieved employee and his immediate supervisor. The griever be accompanied by a Xxxxxxx he so desires. Failing settlement, the grievance must be submitted in writing to the Terminal Manager or his designate seven (7) calendar days the date of the alleged violation of the Agreement. The griever shall accompanied by a Union Xxxxxxx and, if deemed necessary by the Union, he shall also be accompanied a of the Union. The 'Terminal Manager or his designate must render decision within seven (7) calendar days of grievance was submitted in writing. Failing settlenient at the above step, the griever must the grievance to the Area Manager or his designale within seven (7) calendar days from the date the Terminal Manager rendered his decision at Step Area Manager or his designate with the Union, render his decision in writing within seven (7) calendar days from the date the grievance was referred to him.
Procedure; Arbitration. The Employer guarantees to every employee covered by this Agreement that their status will not be prejudiced in any manner due to the fact that they have taken the of carrying grievances to higher management levels when there has been failure to settle their complaints or grievances satisfactorily through their immediate supervi- sors. The procedure for the discussion of any questions or problems which might arise concerning working condi- tions shall be as follows: Step No. 1: By discussion between the employee con- cerned jointly with Local Union Representative, the Xxxxxxx, or Manager. Step No. 2: The grievance shall be reduced to writing at Step It shall then be discussed between the employee concerned jointly with the Vice-president, or Local Union Representative, the Xxxxxxx, the Manager and/or Assistant Operations Manager or Superintendent. Where the Manager mentioned in Step reports directly to the Operations Manager, the Manager will act for the Com- pany in both Steps and and, where mutually agreeable, both Steps may be handled at the same meeting. Step No. 3: Between the employee concerned jointly with the Vice-president, a Union Representative, the Fore- man or Manager, the Superintendent or Assistant Operations Manager, and the Operations Manager or t Should the matter not be settled within fifteen (15) days of the date the written grievance is filed or such longer time as may be mutually agreeable, the issue may be sub- mitted to Arbitration as provided by this Agreement. Arbitration hearings will be held in one of the following locations: Ottawa, Toronto, Windsor. The locality to be selected by mutual agreement, however, failing agree- ment, the Chairman shall set the place for the hearing. Should the matter at issue involve the or alleged violation of the Agreement, either party shall have the right to submit the matter to an Arbitrator. In the event the parties fail to agree upon an Arbitrator, the Min- ister of Labour for the Province of Ontario shall be requested to name a person to act as Arbitrator. The decision of the Arbitrator shall be final and binding on both parties to this Agreement. The Arbitrator shall not have any jurisdiction to alter or change any of the provisions of this Agreement nor to sub- stitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. The parties will jointly bear the expense of the Arbitrator. SECTION PAID HOLIDAYS The Company will ob...
Procedure; Arbitration. The Termination Notice shall specify with particularity the basis for the same and shall become effective the later of (1) ten (10) days after the date of the Termination Notice, or (2) if applicable, after the expiration of the applicable Cure Period set forth above. Notwithstanding the foregoing, Xxxx may dispute the existence of grounds for the termination described in subsection A(1), A(2) or A(3) (but not subsection A(4)) by written notice ("ARBITRATION NOTICE") to NorthStar within 10 days after its receipt of the Termination Notice. In the event an Arbitration Notice is given in the period set forth above, then (a) the dispute shall be resolved by arbitration as provided in Section 7.3, (b) the applicable Cure Period set forth above shall be tolled pending the resolution of the dispute by arbitration, and (c) if the arbitrators uphold the termination, then the Termination Notice shall become effective after the expiration of the applicable Cure Period set forth above (subject to clause (b) above). A Termination Notice shall become effective immediately solely in connection with a termination described in subsection A(4) above.
Procedure; Arbitration. The Termination Notice shall specify the basis for the same and shall become effective ten (10) Business Days after the date of delivery of the Termination Notice. However, 1455 GP may dispute in good faith the existence of grounds for the termination by written notice (“Arbitration Notice”) to Investor within such ten (10) Business Day period. If 1455 GP fails to provide an Arbitration Notice within such ten (10) Business Day period, then notwithstanding anything to the contrary herein, 1455 GP shall have no right to dispute the effectiveness of the Termination Notice, which shall be conclusive. If an Arbitration Notice is given within the period set forth above, then (i) the dispute regarding the grounds of the Termination Notice shall be resolved by arbitration as provided in Section 13.19 and (ii) if the arbitrator upholds the grounds for termination, then the Termination Notice shall thereupon become effective immediately.
Procedure; Arbitration. The Termination Notice shall specify with particularity the basis for the same and shall become effective the later of (1) (10) ten days after the date of the Termination Notice, or (2) if applicable, after the expiration of the applicable Cure Period set forth above. Notwithstanding the foregoing, STPD may dispute the existence of grounds for the termination described in Subsection A(1), A(2) or A(3) (but not Subsection A(4)) by written notice ("Arbitration Notice") to the Members within ten (10) days after its receipt of the Termination Notice. In the event an Arbitration Notice is given within the period set forth above, then (a) the dispute shall be resolved in accordance with the procedures set forth in Section 7.3, (b) the applicable Cure Period set forth above (or any period that the Members may take action against Managing Member under this Section by reason of a Noncurable Default) shall be tolled pending the resolution of the dispute in accordance with such procedures, and (c) if the dispute is arbitrated pursuant to Section 7.3A(2) below and the arbitrators uphold the termination, then the Termination Notice shall become effective after the expiration of the applicable Cure Period set forth above (subject to Clause (b) above). A Termination Notice shall become effective immediately solely in connection with a termination described in Subsection A(4) above.
Procedure; Arbitration. In seeking indemnification for Losses pursuant to this Section 7, Purchaser shall exercise its remedies with respect to the Shares in the following manner:
Procedure; Arbitration. For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between an employee and the Board or between the parties hereto relating to the interpretation, application, administration or alleged violation of this Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated.
