Procedure for Settlement of Disputes. A. Step One: In the event that a dispute arising on the job cannot be satisfactorily adjusted on the job between the representative of the Union involved and the Employer, the dispute shall promptly (not later than fifteen (15) working days), be referred to the Business Manager of the Local Union involved and the Employer’s authorized representative who is vested with decision making authority. Should they fail to effect a settlement, the matter shall proceed to Step Two.
Procedure for Settlement of Disputes. A. Any Union having a jurisdictional dispute with respect to Project work assigned to another Union will submit through its International the dispute in writing to the Administrator of the Plan within 72 hours and send a copy of the letter to the other Union involved, the Contractor involved, the General Contractor, the BTC, and the district or area councils of the unions involved. Upon receipt of a dispute letter from any Union, the Administrator will invoke the procedures set forth in the Plan to resolve the jurisdictional dispute. The jurisdictional dispute letter shall contain the information described in Article IV of the Procedural Rules of the Plan.
B. Within 5 calendar days of receipt of the dispute letter, there shall be a meeting of the General Contractor, the Contractor involved, the Local Unions involved and designees of the BTC and the district or area councils of the Local Unions involved for the purpose of resolving the jurisdictional dispute.
C. In order to expedite the resolution of jurisdictional disputes, the parties have agreed in advance to mutually select one of the following designated Arbitrators: Arbitrator X.
Procedure for Settlement of Disputes. Section 26. Guarantees of Contract Stability.................................. Section 27. Conditions for Termination and Suspension of Contract............. Section 28.
Procedure for Settlement of Disputes. 25.1. The Parties will take all necessary actions to settle the disputes and differences under the Contract by means of negotiations.
25.2. If any dispute cannot be settled by means of negotiation within 60 (sixty) days from the date of its emergence then the Parties may transfer the disputable matter to the courts of the State authorized to consider such disputes.
Procedure for Settlement of Disputes. Any Union having a jurisdictional dispute with respect to Project work assigned to another Union will submit the dispute in writing to the Administrator, Plan for the Settlement of Jurisdictional Disputes in the Construction Industry ("Plan") within 72 hours and send a copy of the letter to the other Union involved, the Contractor involved, the Trades Council, and the district or area councils of the unions involved. Upon receipt of a dispute letter from any union, the Administrator will invoke the procedures set forth in the Plan to resolve the jurisdictional dispute. The jurisdictional dispute letter shall contain the information described in Article IV of the Plan. Within 5 calendar days of receipt of the dispute letter, there shall be meeting of the Contractor, the Contractor involved, the Local Unions involved and designees of the Trades Council and the district or area councils of the Local Unions involved for the purpose of resolving the jurisdictional dispute. In order to expedite the resolution of jurisdictional disputes, the parties have agreed in advance to select the Arbitrator to hear all unsolved jurisdictional disputes arising under this Agreement. All other rules and procedures of the Plan shall be followed. If the Plan Arbitrator is not available to hear the dispute within the time limits of the Plan, the Plan's arbitrator selection process shall be utilized to select another arbitrator. In the event that a union involved in the dispute is not a member of the Building and Construction Trades, the dispute shall be submitted directly to the Arbitrator. The Arbitrator will render a short-form decision within 5 days of the hearing based upon the evidence submitted at the hearing, with a written decision to follow within 30 days of the close of hearing. This Jurisdictional Dispute Resolution Procedure will only apply to work performed by Local Unions at the Project. Any Local Union involved in a jurisdictional dispute on this Project shall continue working in accordance with Section 2 above and without disruption of any kind.
Procedure for Settlement of Disputes. All jurisdictional disputes on this Project, between or among Building and Construction Trades Unions and employers, bound by this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractors and Unions parties to this Agreement.
Procedure for Settlement of Disputes. 4.1. The parties will endeavor to settle disputes arising from this agreement through negotiations.
4.2. If these disputes cannot be resolved through negotiations, they are subject to resolution in court, in accordance with the current legislation of the Russian Federation.
Procedure for Settlement of Disputes a. Any Union having a jurisdictional dispute with respect to Project work assigned to another Union will submit the dispute in writing to the Administrator, Plan for the settlement of Jurisdictional Disputes in the Construction Industry within Seven (7) Days and send a copy of the letter to the other Contractor involved, the GCRBTC and the Local Union involved. Upon receipt of a dispute letter from any Local Union, the Administrator will invoke the procedures set forth in the Plan to resolve the jurisdictional dispute. The jurisdictional dispute letter shall contain the information described in Article IV of the Plan.
b. Any Contractor involved in a jurisdictional dispute on this Project shall continue working and without disruption of any kind.
Procedure for Settlement of Disputes. 8.1. Regarding issues not regulated by this Contract, the Parties are guided by the legislation of the Republic of Kazakhstan.
8.2. All disputes and disagreements arising in the process of concluding and executing this Contract or related to it (including unauthorized transactions) are considered by the Parties jointly not later than 10 (ten) working days.
8.3. All disputes (disagreements) related to this Contract, which are not settled by negotiations, are considered in the courts of the Republic of Kazakhstan at the location of the Bank or its branch (at the discretion of the Bank) (except in cases when in accordance with the requirements of civil procedural legislation, exclusive jurisdiction is established).
8.4. If the Contract is concluded with natural monopolies, entities dominating the market of goods and services, with state bodies, state enterprises, and legal entities, 50 or more percent of whose voting shares are directly or indirectly owned by the government, and other entities of quasi-public sector, or in accordance with the laws of a foreign state, all litigations and disagreements arising in the process of concluding and executing this Contract or related to it, are considered by the Parties jointly no later than 10 (ten) calendar days. Disputes at the initiative of the interested Party are considered in court in the manner prescribed by the legislation of the Republic of Kazakhstan, at the location of the Bank or its branch, or at the location of the Customer (at the discretion of the Bank).
Procedure for Settlement of Disputes. A. Step One: In the event that a dispute arising on the job cannot be satisfactorily adjusted on the job between the representative of the Union involved and the Employer, the dispute shall promptly (not later than fifteen (15) working days), be referred to the Business Manager of the Local Union involved and the Employer’s authorized representative who is vested with decision making authority. Should they fail to effect a settlement, the matter shall proceed to Step Two.]
B. Step Two: Board of Conciliation. The dispute shall be referred to the District Council and the Employer’s authorized representative who is vested with decision making authority for a Board of Conciliation within fifteen (15) working days. This Board shall consist of two (2) persons who have no direct involvement in the dispute, appointed by each party. If these four (4) persons cannot effect a settlement within seven (7) days after the dispute has been referred to them, the matter shall proceed to Step Three. Either party may waive their right to a Board of Conciliation in Step Two, however, if this step is waived, mediation, in Step Three shall become mandatory. At no time will more than twenty (20) working days pass between the conclusion of Step One and the decision to waive the right to Step Two.
C. Step Three: Mediation: Except as provided in Step Two, by mutual agreement, the issue may be referred to mediation. The parties shall request a mediator from the Federal Mediation & Conciliation Service or other mutually acceptable service. This person shall serve as the mediator to resolve the dispute. The expense of employing the mediator shall be borne equally by both parties and each party shall be responsible for their own attorney fees and costs. Should mediation be waived or the parties fail to reach agreement, the matter shall proceed to Step Four.
