Common use of Provincial Disputes Clause in Contracts

Provincial Disputes. (a) In the event that a Provincial Dispute is initially raised by an Agency, the Agency will refer the matter in writing to the Government, with a copy of the reference to the Joint Agreement Administration Group. In the event that a Provincial Dispute is initially raised by a physician or group of physicians, the physician or group of physicians will refer the matter in writing to the Doctors of BC, with a copy of the reference to the Joint Agreement Administration Group. (b) If the Government or the Doctors of BC raises a Provincial Dispute or has a Provincial Dispute referred to it as contemplated by section 22.1(a), that party must notify the designated representative of the other party. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of the agreement(s) in issue; (ii) the facts upon which the complaining party relies; (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party. (c) Within 15 days of the receipt of the notice referred to in section 22.1(b) by the other party, the designated representatives of the parties will meet informally in an attempt to resolve the matter or to narrow the issues. (d) If there is no resolution of the matter within 15 days of the meeting referred to in section 22.1(c), or longer period as agreed by the parties, either the Government or the Doctors of BC may refer the matter to the Adjudicator, or to the Adjudication Committee with notice to the Joint Agreement Administration Group. (e) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.1(d), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Group that it wishes to have the matter referred to the Adjudication Committee instead of an Adjudicator and in such case the matter will be dealt with by the Adjudication Committee. (f) Upon receipt of the notice in section 22.1(d), the Joint Agreement Administration Group will appoint the Adjudicator or a chair of the Adjudication Committee, as the case may be, from the Roster in accordance with sections 21.2(a) and (b). The Adjudicator or the Adjudication Committee will attempt to assist the parties to resolve the matter on a voluntary basis through a mediation process which will be conducted by the Adjudicator or the chair of the Adjudication Committee, or, if either the Doctors of BC or the Government stipulates so in writing within five business days of the referral to the Adjudication Committee, by the full Adjudication Committee. (g) Where no voluntary resolution is achieved pursuant to section 22.1(f) within 45 days of the first date the parties meet to mediate the matter as contemplated in section 22.1(f), or such longer period as may be directed by the Joint Agreement Administration Group upon the recommendation of the mediator, the Adjudicator or the Adjudication Committee will arbitrate the matter in accordance with section 21.2.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Physician Master Agreement, Physician Master Agreement

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Provincial Disputes. (a) In the event that a Provincial Dispute is initially raised by an Agency, the Agency will refer the matter in writing to the Government, with a copy of the reference to the Joint Agreement Administration Group. In the event that a Provincial Dispute is initially raised by a physician or group of physicians, the physician or group of physicians will refer the matter in writing to the Doctors of BC, with a copy of the reference to the Joint Agreement Administration Group. (b) If the Government or the Doctors of BC raises a Provincial Dispute or has a Provincial Dispute referred to it as contemplated by section 22.1(a), that party must notify the designated representative of the other party. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of the agreement(s) in issue; (ii) the facts upon which the complaining party relies; (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party. (c) Within 15 days of the receipt of the notice referred to in section 22.1(b) by the other party, the designated representatives of the parties will meet informally in an attempt to resolve the matter or to narrow the issues. (d) If there is no resolution of the matter within 15 days of the meeting referred to in section 22.1(c), or longer period as agreed by the parties, either the Government or the Doctors of BC may refer the matter to the Adjudicator, or to the Adjudication Committee with notice to the Joint Agreement Administration Group. (e) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.1(d), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Group that it wishes to have the matter referred to the Adjudication Committee instead of an Adjudicator and in such case the matter will be dealt with by the Adjudication Committee. (f) Upon receipt of the notice in section 22.1(d), the Joint Agreement Administration Group will appoint the Adjudicator or a chair of the Adjudication Committee, as the case may be, from the Roster in accordance with sections 21.2(a) and (b). The Adjudicator or the Adjudication Committee will attempt to assist the parties to resolve the matter on a voluntary basis through a mediation process which will be conducted by the Adjudicator or the chair of the Adjudication Committee, or, if either the Doctors of BC or the Government stipulates so in writing within five business days of the referral to the Adjudication Committee, by the full Adjudication Committee. (g) Where no voluntary resolution is achieved pursuant to section 22.1(f) within 45 days of the first date the parties meet to mediate the matter as contemplated in section 22.1(f), or such longer period as may be directed by the Joint Agreement Administration Group upon the recommendation of the mediator, the Adjudicator or the Adjudication Committee will arbitrate the matter in accordance with section 21.2.21.2.‌

Appears in 2 contracts

Samples: Physician Master Agreement, Physician Master Agreement

Provincial Disputes. (a) In the event that a Provincial Dispute is initially raised by an Agency, the Agency will refer the matter in writing to the Government, with a copy of the reference to the Joint Agreement Administration Group. In the event that a Provincial Dispute is initially raised by a physician or group of physicians, the physician or group of physicians will refer the matter in writing to the Doctors of BCBCMA, with a copy of the reference to the Joint Agreement Administration Group. (b) If the Government or the Doctors of BC BCMA raises a Provincial Dispute or has a Provincial Dispute referred to it as contemplated by section 22.1(a23.1(a), that party must notify the designated representative of the other party. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of the agreement(s) in issue; (ii) the facts upon which the complaining party relies; (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party. (c) Within 15 days of the receipt of the notice referred to in section 22.1(b23.1(b) by the other party, the designated representatives of the parties will meet informally in an attempt to resolve the matter or to narrow the issues. (d) If there is no resolution of the matter within 15 days of the meeting referred to in section 22.1(c), 23.1(c) (or any longer period as agreed to by the parties), either the Government or the Doctors of BC BCMA may refer the matter to the Adjudicator, or to the Adjudication Committee with notice to the Joint Agreement Administration Group. (e) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.1(d), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Group that it wishes to have the matter referred to the Adjudication Committee instead of an Adjudicator and in such case the matter which time a chair will be dealt with by the Adjudication Committee. (f) Upon receipt of the notice in section 22.1(d), the Joint Agreement Administration Group will appoint the Adjudicator or a chair of the Adjudication Committee, as the case may be, appointed from the Roster in accordance with sections 21.2(a) and (b)Roster. The Adjudicator or the Adjudication Committee will attempt to assist the parties to resolve the matter on a voluntary basis through a mediation process which will be conducted by the Adjudicator or the chair of the Adjudication Committee, or, if either the Doctors of BC or the Government stipulates so in writing within five business days of the referral to the Adjudication Committee, by the full Adjudication Committeebasis. (ge) Where no voluntary resolution is achieved pursuant to section 22.1(f) 23.1(d), within 45 days of the first date reference to the parties meet to mediate the matter as contemplated in section 22.1(f)Adjudication Committee, or such longer period as may be directed by the Joint Agreement Administration Group upon the recommendation of the mediator, the Adjudicator or the Adjudication Committee will arbitrate the matter matter, in accordance with section 21.2.22.2.‌

Appears in 1 contract

Samples: Physician Master Agreement

Provincial Disputes. (a) In the event that a Provincial Dispute is initially raised by an Agency, the Agency will refer the matter in writing to the Government, with a copy of the reference to the Joint Agreement Administration Group. In the event that a Provincial Dispute is initially raised by a physician or group of physicians, the physician or group of physicians will refer the matter in writing to the Doctors of BC, with a copy of the reference to the Joint Agreement Administration Group.Group.‌ (b) If the Government or the Doctors of BC raises a Provincial Dispute or has a Provincial Dispute referred to it as contemplated by section 22.1(a), that party must notify the designated representative of the other party. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of the agreement(s) in issue; (ii) the facts upon which the complaining party relies; (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party.party.‌ (c) Within 15 days of the receipt of the notice referred to in section 22.1(b) by the other party, the designated representatives of the parties will meet informally in an attempt to resolve the matter or to narrow the issues. (d) If there is no resolution of the matter within 15 days of the meeting referred to in section 22.1(c), or longer period as agreed by the parties, either the Government or the Doctors of BC may refer the matter to the Adjudicator, or to the Adjudication Committee with notice to the Joint Agreement Administration Group. (e) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.1(d), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Group that it wishes to have the matter referred to the Adjudication Committee instead of an Adjudicator and in such case the matter will be dealt with by the Adjudication Committee. (f) Upon receipt of the notice in section 22.1(d), the Joint Agreement Administration Group will appoint the Adjudicator or a chair of the Adjudication Committee, as the case may be, from the Roster in accordance with sections 21.2(a) and (b). The Adjudicator or the Adjudication Committee will attempt to assist the parties to resolve the matter on a voluntary basis through a mediation process which will be conducted by the Adjudicator or the chair of the Adjudication Committee, or, if either the Doctors of BC or the Government stipulates so in writing within five business days of the referral to the Adjudication Committee, by the full Adjudication Committee. (g) Where no voluntary resolution is achieved pursuant to section 22.1(f) within 45 days of the first date the parties meet to mediate the matter as contemplated in section 22.1(f), or such longer period as may be directed by the Joint Agreement Administration Group upon the recommendation of the mediator, the Adjudicator or the Adjudication Committee will arbitrate the matter in accordance with section 21.2.

Appears in 1 contract

Samples: Physician Master Agreement

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Provincial Disputes. (a) In the event that a Provincial Dispute is initially raised by an Agency, the Agency will refer the matter in writing to the Government, with a copy of the reference to the Joint Agreement Administration Group. In the event that a Provincial Dispute is initially raised by a physician or group of physicians, the physician or group of physicians will refer the matter in writing to the Doctors of BCBCMA, with a copy of the reference to the Joint Agreement Administration Group. (b) If the Government or the Doctors of BC BCMA raises a Provincial Dispute or has a Provincial Dispute referred to it as contemplated by section 22.1(a), that party must notify the designated representative of the other party. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of the agreement(s) in issue; (ii) the facts upon which the complaining party relies; (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party. (c) Within 15 days of the receipt of the notice referred to in section 22.1(b) by the other party, the designated representatives of the parties will meet informally in an attempt to resolve the matter or to narrow the issues. (d) If there is no resolution of the matter within 15 days of the meeting referred to in section 22.1(c), or longer period as agreed by the parties, either the Government or the Doctors of BC BCMA may refer the matter to the Adjudicator, or to the Adjudication Committee with notice to the Joint Agreement Administration Group. (e) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.1(d), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Group that it wishes to have the matter referred to the Adjudication Committee instead of an Adjudicator and in such case the matter which time a chair will be dealt with by the Adjudication Committee. (f) Upon receipt of the notice in section 22.1(d), the Joint Agreement Administration Group will appoint the Adjudicator or a chair of the Adjudication Committee, as the case may be, appointed from the Roster in accordance with sections section 21.2(a) and (b). The Adjudicator or the Adjudication Committee will attempt to assist the parties to resolve the matter on a voluntary basis through a mediation process which will be conducted by the Adjudicator or the chair of the Adjudication Committee, or, if either the Doctors of BC BCMA or the Government stipulates so in writing within five business days of the referral to the Adjudication Committee, by the full Adjudication Committee. (ge) Where no voluntary resolution is achieved pursuant to section 22.1(f22.1(d) within 45 days of the first date the parties meet to mediate the matter as contemplated in section 22.1(f22.1(d), or such longer period as may be directed by the Joint Agreement Administration Group upon the recommendation of the mediator, the Adjudicator or the Adjudication Committee will arbitrate the matter in accordance with section 21.2.

Appears in 1 contract

Samples: Physician Master Agreement

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