Common use of Procedure for Appeals Clause in Contracts

Procedure for Appeals. (i) First Stage Appeals (1) An Employee may appeal from the company's written determination with respect to the payment or denial of a Regular Benefit by filing a written appeal with the Local S.U.B.P. Committee on a form provided for that purpose. If there is no Local S.U.B.P. Committee at any Plant because of a discontinuance of such Plant, the appeal may be filed directly with the Board. Appeals concerning determinations made in connection with section 1.01(d)(v) shall be made directly to the Board. (2) Such written appeal shall be filed with the designated company representative within thirty (30) days following the date of mailing of the determination appealed. With respect to appeals that are mailed, the date of filing shall be the postmarked date of the appeal. No appeal shall be valid after such thirty (30) day period. (3) The Local S.U.B.P. Committee shall advise the Employee, in writing, of its resolution of, or failure to resolve his/her appeal. If the appeal is not resolved within ten (10) days after the date thereof (or such extended period as may be agreed upon by the Local S.U.B.P. Committee), the Employee or any two (2) members of the Local S.U.B.P. Committee, at the request of the Employee, may refer the matter to the Board for disposition. (ii) Appeals to the Board of Administration (1) An appeal to the Board shall be considered filed with the Board when filed with the designated company representative with respect to the Plant at which the first stage appeal was considered by the Local S.U.B.P. Committee. (2) Appeals shall be in writing, shall specify the respects in which the Plan is claimed to have been violated, and shall set forth the facts relied upon as justifying a reversal or modification of the determination appealed from. (3) Appeals by the Local S.U.B.P. Committee to the Board with respect to Benefits or Separation Payments shall be made within twenty (20) days following the date the appeal is first considered at a meeting of the Local S.U.B.P. Committee, plus such extension of time as the Local S.U.B.P. Committee shall have agreed upon. Appeals by the Employee to the Board with respect to Benefits or Separation Payments shall be made within thirty (30) days following the date notice of the Local Committee's decision is given or mailed to the Employee. With respect to appeals that are mailed, the date of filing shall be the postmarked date of the appeal. (4) The handling and disposition of each appeal to the Board shall be in accordance with regulations and procedures established by the Board. Such regulations and procedures shall provide that in situations where a number of Employees have filed applications for Regular Benefits under substantially identical conditions, an appeal may be made from the Local S.U.B.P. Committee to the Board with respect to one of such Employees, and the decision of the Board thereon shall apply to all such Employees. (5) The Employee, the Local S.U.B.P. Committee or the union members of the Board may withdraw any appeal to the Board at any time before it is decided by the Board. (6) There shall be no appeal from the Board's decision. It shall be final and binding upon the union, its members, the Employee or former Employee, the Trustee, and the company. The union shall discourage any attempt of its members to appeal, and shall not encourage or cooperate with any of its members in any appeal, to any Court or Labour Board from a decision of the Board, nor shall the union or its members by any other means attempt to bring about the settlement of any claim or issue on which the Board is empowered to rule hereunder. (7) The Local S.U.B.P. Committee shall be advised, in writing, by the Board of the disposition of any appeal previously considered by the Local S.U.B.P. Committee and referred to the Board. A copy of such disposition shall be forwarded to the Employee.

Procedure for Appeals. (i) First Stage Appeals (1) An Employee may appeal from the companyCompany's written determination with respect to the payment or denial of a Regular Benefit by filing a written appeal with the Local S.U.B.P. Committee on a form provided for that purpose. If there is no Local S.U.B.P. Committee at any Plant because of a discontinuance of such Plant, the appeal may be filed directly with the Board. Appeals concerning determinations made in connection with section 1.01(d)(v1.01(c)(v) shall be made directly to the Board. (2) Such written appeal shall be filed with the designated company representative within thirty (30) days following the date of mailing of the determination appealed. With respect to appeals that are mailed, the date of filing shall be the postmarked date of the appeal. No appeal shall be valid after such thirty (30) day period. (3) The Local S.U.B.P. Committee shall advise the Employee, in writing, of its resolution of, or failure to resolve his/her appeal. If the appeal is not resolved within ten (10) days after the date thereof (or such extended period as may be agreed upon by the Local S.U.B.P. Committee), the Employee or any two (2) members of the Local S.U.B.P. Committee, at the request of the Employee, may refer the matter to the Board for dispositiondispo- sition. (ii) Appeals to the Board of Administration (1) An appeal to the Board shall be considered filed with the Board when filed with the designated company representative with respect to the Plant at which the first stage appeal was considered by the Local S.U.B.P. Committee. (2) Appeals shall be in writing, shall specify the respects in which the Plan is claimed to have been violated, and shall set forth the facts relied upon as justifying a reversal or modification of the determination appealed from. (3) Appeals by the Local S.U.B.P. Committee to the Board with respect to Benefits or Separation Payments shall be made within twenty (20) days following the date the appeal is first considered at a meeting of the Local S.U.B.P. Committee, plus such extension of time as the Local S.U.B.P. Committee shall have agreed upon. Appeals by the Employee to the Board with respect to Benefits or Separation Payments shall be made within thirty (30) days following the date notice of the Local Committee's decision is given or mailed to the Employee. With respect to appeals that are mailed, the date of filing shall be the postmarked date of the appeal. (4) The handling and disposition of each appeal to the Board shall be in accordance with regulations and procedures established by the Board. Such regulations and procedures shall provide that in situations where a number of Employees have filed applications for Regular Benefits under substantially identical conditions, an appeal may be made from the Local S.U.B.P. Committee to the Board with respect to one of such Employees, and the decision of the Board thereon shall apply to all such Employees. (5) The Employee, the Local S.U.B.P. Committee or the union members of the Board may withdraw any appeal to the Board at any time before it is decided by the Board. (6) There shall be no appeal from the Board's decision. It shall be final and binding upon the union, its members, the Employee or former Employee, the Trustee, and the companyCompany. The union shall discourage any attempt of its members to appeal, and shall not encourage or cooperate with any of its members in any appeal, to any Court or Labour Board from a decision of the Board, nor shall the union or its members by any other means attempt to bring about the settlement of any claim or issue on which the Board is empowered to rule hereunder. (7) The Local S.U.B.P. Committee shall be advised, in writing, by the Board of the disposition of any appeal previously considered by the Local S.U.B.P. Committee and referred to the Board. A copy of such disposition shall be forwarded to the Employee.

Procedure for Appeals. (i1) First Stage Appeals (1i) An Employee may appeal from the company's Company’s written determination (other than determinations made in connection with Section (1)(b)(xii) of Article I) with respect to the payment or denial of a Regular Benefit or a Separation Payment by filing a written appeal with the Local S.U.B.P. Committee on a form provided for that purpose. If there is no Local S.U.B.P. Committee at any Plant because of a discontinuance of such Plant, the appeal may be filed directly with the Board. Appeals concerning determinations made in connection with section 1.01(d)(vSection (1) (b)(xii) of Article I (contrary to intent of Plan) shall be made directly to the Board. (2ii) Such written The appeal shall be filed with the designated company Company representative within thirty (30) 30 days following the date of mailing of the determination appealed. With respect to appeals that are If the appeal is mailed, the date of filing shall be the postmarked postmark date of the appeal. No appeal shall will be valid after such thirty (the 30) -day period. (3iii) The Local S.U.B.P. Committee shall advise the Employee, in writing, of its resolution of, or failure to resolve his/her his appeal. If the appeal is not resolved within ten (10) 10 days after the date thereof (or such extended period time as may be agreed upon by the Local S.U.B.P. Committee), the Employee Employee, or any two (2) 2 members of the Local S.U.B.P. Committee, at the request of the Employee, Employee may refer the matter to the Board for disposition. (ii2) Appeals to the Board of Administration (1i) An appeal to the Board shall be considered filed with the Board when filed with the designated company Company representative with respect to for the Plant at which the first stage appeal was considered by the Local S.U.B.P. Committee. (2ii) Appeals shall be specify in writing, shall specify writing the respects manner in which the Plan is claimed to have been violated, and shall set forth the facts relied upon as justifying a reversal or modification of the determination appealed from. (3iii) Appeals by the Local S.U.B.P. Committee to the Board with respect to the Benefits or Separation Payments shall be made within twenty (20) 20 days following the date the appeal is first considered at a meeting of the Local S.U.B.P. Committee, plus such extension of time as the Local S.U.B.P. Committee shall have agreed upon. Appeals by the Employee to the Board with respect to Benefits or Separation Payments shall be made within thirty (30) 30 days following the date notice of the Local Committee's ’s decision is given or mailed to the Employee. With respect to appeals that are If the appeal is mailed, the date of filing shall be the postmarked postmark date of the appeal. (4iv) The handling and disposition of each appeal to the Board shall be in accordance with regulations and procedures established by the Board. Such These regulations and procedures shall will provide that in situations where a number of Employees have had filed applications for Regular Benefits or Separation Payments under substantially identical conditions, an appeal may be made from the Local S.U.B.P. Committee to the Board with respect to one of such Employees, and the decision of the Board thereon shall apply to all such Employees. (5v) The Employee, the Local S.U.B.P. Committee or the union members Union Members of the Board may withdraw any appeal to the Board at any time before it is decided by the Board, on a form provided for that purpose. (6vi) There shall be no appeal from the Board's ’s decision. It shall be final and binding upon the unionUnion, its members, the Employee or former Employee, the Trustee, and the companyCompany. The union shall Union will discourage any attempt of its members to appeal, appeal and shall will not encourage or cooperate with any of its members in any appeal, to any Court or Labour Labor Board from a decision of the Board, nor shall will the union Union or its members by any other means attempt to bring about the settlement of any claim or issue on which the Board is empowered to rule hereunder. (7vii) The Local S.U.B.P. Committee shall be advised, in writing, by the Board of the disposition of any appeal previously considered by the Local S.U.B.P. Committee Committee, and referred to the Board. A copy of such disposition shall be forwarded to the EmployeeEmployee by the Board.

Procedure for Appeals. (i1) First Stage Appeals (1i) An Employee may appeal from the company's Company’s written determination (other than determinations made in connection with Section (1)(b)(xii) of Article I) with respect to the payment or denial of a Regular Benefit or a Separation Payment by filing a written appeal with the Local S.U.B.P. Committee on a form provided for that purpose. If there is no Local S.U.B.P. Committee at any Plant because of a discontinuance of such Plant, the appeal may be filed directly with the Board. Appeals concerning determinations made in connection with section 1.01(d)(vSection (1) (b) (xii) of Article I (contrary to intent of Plan) shall be made directly to the Board. (2ii) Such written The appeal shall be filed with the designated company Company representative within thirty (30) 30 days following the date of mailing of the determination appealed. With respect to appeals that are If the appeal is mailed, the date of filing shall be the postmarked postmark date of the appeal. No appeal shall will be valid after such thirty (30) the 30- day period. (3iii) The Local S.U.B.P. Committee shall advise the Employee, in writing, of its resolution of, or failure to resolve his/her his appeal. If the appeal is not resolved within ten (10) 10 days after the date thereof (or such extended period time as may be agreed upon by the Local S.U.B.P. Committee), the Employee Employee, or any two (2) 2 members of the Local S.U.B.P. Committee, at the request of the Employee, Employee may refer the matter to the Board for disposition. (ii2) Appeals to the Board of Administration (1i) An appeal to the Board shall be considered filed with the Board when filed with the designated company Company representative with respect to for the Plant at which the first stage appeal was considered by the Local S.U.B.P. Committee. (2ii) Appeals shall be specify in writing, shall specify writing the respects manner in which the Plan is claimed to have been violated, and shall set forth the facts relied upon as justifying a reversal or modification of the determination appealed from. (3iii) Appeals by the Local S.U.B.P. Committee to the Board with respect to the Benefits or Separation Payments shall be made within twenty (20) 20 days following the date the appeal is first considered at a meeting of the Local S.U.B.P. Committee, plus such extension of time as the Local S.U.B.P. Committee shall have agreed upon. Appeals by the Employee to the Board with respect to Benefits or Separation Payments shall be made within thirty (30) 30 days following the date notice of the Local Committee's ’s decision is given or mailed to the Employee. With respect to appeals that are If the appeal is mailed, the date of filing shall be the postmarked postmark date of the appeal. (4iv) The handling and disposition of each appeal to the Board shall be in accordance with regulations and procedures established by the Board. Such regulations and procedures shall provide that in situations where a number of Employees have filed applications for Regular Benefits under substantially identical conditions, an appeal may be made from the Local S.U.B.P. Committee to the Board with respect to one of such Employees, and the decision of the Board thereon shall apply to all such Employees.regulations (5v) The Employee, the Local S.U.B.P. Committee or the union members Union Members of the Board may withdraw any appeal to the Board at any time before it is decided by the Board, on a form provided for that purpose. (6vi) There shall be no appeal from the Board's ’s decision. It shall be final and binding upon the unionUnion, its members, the Employee or former Employee, the Trustee, and the companyCompany. The union shall Union will discourage any attempt of its members to appeal, appeal and shall will not encourage or cooperate with any of its members in any appeal, to any Court or Labour Labor Board from a decision of the Board, nor shall will the union Union or its members by any other means attempt to bring about the settlement of any claim or issue on which the Board is empowered to rule hereunder. (7vii) The Local S.U.B.P. Committee shall be advised, in writing, by the Board of the disposition of any appeal previously considered by the Local S.U.B.P. Committee Committee, and referred to the Board. A copy of such disposition shall be forwarded to the EmployeeEmployee by the Board.

Procedure for Appeals. (i1) First Stage Appeals (1i) An Employee may appeal from the company's Company’s written determination (other than determinations made in connection with Section (1)(b)(xii) of Article I) with respect to the payment or denial of a Regular Benefit or a Separation Payment by filing a written appeal with the Local S.U.B.P. Committee on a form provided for that purpose. If there is no Local S.U.B.P. Committee at any Plant because of a discontinuance of such Plant, the appeal may be filed directly with the Board. Appeals concerning determinations made in connection with section 1.01(d)(vSection (1) (b) (xii) of Article I (contrary to intent of Plan) shall be made directly to the Board. (2ii) Such written The appeal shall be filed with the designated company Company representative within thirty (30) 30 days following the date of mailing of the determination appealed. With respect to appeals that are If the appeal is mailed, the date of filing shall be the postmarked postmark date of the appeal. No appeal shall will be valid after such thirty (the 30) -day period. (3iii) The Local S.U.B.P. Committee shall advise the Employee, in writing, of its resolution of, or failure to resolve his/her his appeal. If the appeal is not resolved within ten (10) 10 days after the date thereof (or such extended period time as may be agreed upon by the Local S.U.B.P. Committee), the Employee Employee, or any two (2) 2 members of the Local S.U.B.P. Committee, at the request of the Employee, Employee may refer the matter to the Board for disposition. (ii2) Appeals to the Board of Administration (1i) An appeal to the Board shall be considered filed with the Board when filed with the designated company Company representative with respect to for the Plant at which the first stage appeal was considered by the Local S.U.B.P. Committee. (2ii) Appeals shall be specify in writing, shall specify writing the respects manner in which the Plan is claimed to have been violated, and shall set forth the facts relied upon as justifying a reversal or modification of the determination appealed from. (3iii) Appeals by the Local S.U.B.P. Committee to the Board with respect to the Benefits or Separation Payments shall be made within twenty (20) 20 days following the date the appeal is first considered at a meeting of the Local S.U.B.P. Committee, plus such extension of time as the Local S.U.B.P. Committee shall have agreed upon. Appeals by the Employee to the Board with respect to Benefits or Separation Payments shall be made within thirty (30) 30 days following the date notice of the Local Committee's ’s decision is given or mailed to the Employee. With respect to appeals that are If the appeal is mailed, the date of filing shall be the postmarked postmark date of the appeal. (4iv) The handling and disposition of each appeal to the Board shall be in accordance with regulations and procedures established by the Board. Such These regulations and procedures shall will provide that in situations where a number of Employees have had filed applications for Regular Benefits or Separation Payments under substantially identical conditions, an appeal may be made from the Local S.U.B.P. Committee to the Board with respect to one of such Employees, and the decision of the Board thereon shall apply to all such Employees. (5v) The Employee, the Local S.U.B.P. Committee or the union members Union Members of the Board may withdraw any appeal to the Board at any time before it is decided by the Board, on a form provided for that purpose. (6vi) There shall be no appeal from the Board's ’s decision. It shall be final and binding upon the unionUnion, its members, the Employee or former Employee, the Trustee, and the companyCompany. The union shall Union will discourage any attempt of its members to appeal, appeal and shall will not encourage or cooperate with any of its members in any appeal, to any Court or Labour Labor Board from a decision of the Board, nor shall will the union Union or its members by any other means attempt to bring about the settlement of any claim or issue on which the Board is empowered to rule hereunder. (7vii) The Local S.U.B.P. Committee shall be advised, in writing, by the Board of the disposition of any appeal previously considered by the Local S.U.B.P. Committee Committee, and referred to the Board. A copy of such disposition shall be forwarded to the EmployeeEmployee by the Board.

Procedure for Appeals. (i1) First Stage Appeals (1i) An Employee may appeal from the company's Company’s written determination (other than determinations made in connection with Section 1(b)(xii) of Article I) with respect to the payment or denial of a Regular Benefit or a Separation Payment by filing a written appeal with the Local S.U.B.P. Committee on a form provided for that purpose. If there is no Local S.U.B.P. Committee at any Plant because of a discontinuance of such Plant, the appeal may be filed directly with the Board. Appeals concerning determinations made in connection with section 1.01(d)(vSection 1(b)(xii) of Article I shall be made directly to the Board. (2ii) Such written appeal appeals shall be filed with the designated company Company representative within thirty (30) days following the date of mailing of the determination appealed. With respect to appeals that are mailed, the date of filing shall be the postmarked date of the appeal. No appeal shall be valid after such thirty (30) day period. (3iii) The Local S.U.B.P. Committee shall advise the Employee, in writing, of its resolution of, of or failure to resolve his/her his appeal. If the appeal is not resolved within ten (10) days after the date thereof (or such extended period as may be agreed upon by the Local S.U.B.P. Committee), the Employee or any two (2) members of the Local S.U.B.P. Committee, at the request of the Employee, may refer the matter to the Board for disposition. (ii2) Appeals to the Board of Administration (1i) An appeal to the Board shall be considered filed with the Board when filed with the designated company Company representative with respect to the Plant at which the first stage First Stage appeal was considered by the Local S.U.B.P. Committee. (2ii) Appeals shall be in writing, shall specify the respects in which the Plan is claimed to have been violated, and shall set forth the facts relied upon as justifying a reversal or modification of the determination appealed from. (3iii) Appeals by the Local S.U.B.P. Committee to the Board with respect to Benefits or Separation Payments shall be made within twenty (20) days following the date the appeal is first considered at a meeting of the Local S.U.B.P. Committee, plus such extension of time as the Local S.U.B.P. Committee shall have agreed upon. Appeals by the Employee to the Board with respect to Benefits or Separation Payments shall be made within thirty (30) days following the date notice of the Local Committee's ’s decision is given or mailed to the Employee. With respect to appeals that are mailed, the date of filing shall be the postmarked date of the appeal. (4iv) The handling and disposition of each appeal to the Board shall be in accordance with regulations and procedures established by the Board. Such regulations and procedures shall provide that in situations where a number of Employees have filed applications for Regular Benefits or Separation Payments under substantially identical conditions, an appeal may be made from the Local S.U.B.P. Committee to the Board with respect to one of such Employees, and the decision of the Board thereon thereof shall apply to all such Employees. (5v) The Employee, the Local S.U.B.P. Committee or the union Union members of the Board may withdraw any appeal to the Board at any time before it is decided by the Board. (6vi) There shall be no appeal from the Board's ’s decision. It shall be final and binding upon the unionUnion, its members, the Employee or former Employee, the Trustee, and the companyCompany. The union Union shall discourage any attempt of its members to appeal, and shall not encourage or cooperate with any of its members in any appeal, to any Court or Labour Labor Board from a decision of the Board, nor shall the union Union or its members by any other means attempt to bring about the settlement of any claim or issue on which the Board is empowered to rule hereunder. (7vii) The Local S.U.B.P. Committee shall be advised, in writing, by the Board of the disposition of any appeal previously considered by the Local S.U.B.P. Committee and referred to the Board. A copy of such disposition shall be forwarded to the Employee.