Common use of Procedure for Appeals Clause in Contracts

Procedure for Appeals. (i) An Employee may appeal from the Company's written determination with respect to the payment or denial of an IMP Benefit or Voluntary Termination of Employment Payment by filing a written appeal with the board on a form provided for that purpose. (ii) Such appeal shall be filed in writing within thirty (30) days following the date of mailing of the determination appealed. With respect to an appeal that is mailed, the date of filing shall be the postmarked date of the appeal. No appeal filed after such thirty (30) day period will be valid. (iii) Such appeals shall specify the respects in which the Plan(s) 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. (iv) 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 either have applied for and were denied an IMP Benefit or Voluntary Termination of Employment Payment or were paid such Benefit or Payment and believe that they were entitled to such payment in a greater amount, under substantially identical conditions, an appeal may be filed with respect to one of such Employees and the decision of the board thereof shall apply to all such Employees. (v) The Employee or the Union members of the board may withdraw an appeal to the board at any time before it is decided by the board. (vi) There shall be no appeal from the board's decision. It shall be final and binding upon the Union, its members, the Employee, 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 administrative agency 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. (vii) The Employee shall be advised in writing, by the board of the disposition of any appeal.

Appears in 2 contracts

Samples: Supplemental Agreement, Agreement Concerning the Supplemental Unemployment Benefit Plan, the Separation Payment Plan, and the Automatic Short Week Benefit Plan

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Procedure for Appeals. (i) An Employee may appeal from the Company's written determination with respect to the payment or denial of an IMP Benefit or Voluntary Termination of Employment Payment by filing a written appeal with the board Board on a form provided for that purpose. (ii) Such appeal shall be filed in writing within thirty (30) days following the date of mailing of the determination appealed. With respect to an appeal that is mailed, the date of filing shall be the postmarked date of the appeal. No appeal filed after such thirty (30) day period will be valid. (iii) Such appeals shall specify the respects in which the Plan(s) 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. (iv) The handling and disposition of each appeal to the board Board shall be in accordance with regulations and procedures established by the boardBoard. Such regulations and procedures shall provide that in situations where a number of Employees either have applied for and were denied an IMP Benefit or Voluntary Termination of Employment Payment or were paid such Benefit or Payment and believe that they were entitled to such payment in a greater amount, under substantially identical conditions, an appeal may be filed with respect to one of such Employees and the decision of the board thereof shall apply to all such Employees.under (v) The Employee or the Union members of the board Board may withdraw an appeal to the board Board at any time before it is decided by the boardBoard. (vi) There shall be no appeal from the boardBoard's decision. It shall be final and binding upon the Union, its members, the Employee, 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 administrative agency from a decision of the boardBoard, 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 Board is empowered to rule hereunder. (vii) The Employee shall be advised advised, in writing, by the board Board of the disposition of any appeal.

Appears in 1 contract

Samples: Supplemental Agreement

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Procedure for Appeals. (i) An Employee may appeal from the CompanyCorporation's written determination with respect to the payment or denial of an IMP Benefit or Voluntary Termination of Employment Payment by filing a written appeal with the board Board on a form provided for that purpose. (ii) Such appeal shall be filed in writing within thirty (30) 30 days following the date of mailing of the determination appealed. With respect to an appeal that is mailed, the date of filing shall be the postmarked date of the appeal. No appeal filed after such thirty (30) -day period will be valid. (iii) Such appeals shall specify the respects in which the Plan(s) 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. (iv) The handling and disposition of each appeal to the board Board shall be in accordance with regulations and procedures established by the boardBoard. Such regulations and procedures shall provide that in situations where a number of Employees either have applied for and were denied an IMP Benefit or a Voluntary Termination of Employment Payment or were paid such Benefit or Payment payment and believe that they were entitled to such payment in a greater amount, under substantially identical conditions, an appeal may be filed with respect to one of such Employees and the decision of the board Board thereof shall apply to all such Employees. (v) The Employee or the Union members of the board Board may withdraw an appeal to the board Board at any time before it is decided by the boardBoard. (vi) There shall be no appeal from the boardBoard's decision. It shall be final and binding upon the Union, its members, the Employee, and the CompanyCorporation. 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 administrative agency from a decision of the boardBoard, 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 Board is empowered to rule hereunder. (vii) The Employee shall be advised advised, in writing, by the board Board of the disposition of any appeal.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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