Referee's Decision Sample Clauses

Referee's Decision. It is the decision of the referee that the position of the carriers on this question is clearly supported by the preponderance of the evidence. Much of what the referee said in his decision on Question 2 under Article 1, dealing with Item G, "Time Paid for Because of Suspension or Dismissal," is applicable here also. Suffice to say at this point, the referee believes that the position of the labor organizations on this question is not a realistic one, but rather constitutes a very strained interpretation of the following language of Article 8: "whose employment relation with a carrier is terminated prior to the taking of his vacation." The position taken by the employees in their discussions of this problem, as set forth on pages 636 to 672 of the transcript, appear to the referee to be highly technical, especially their insistence that the criterion which should be considered as controlling in determining whether or not employment has been terminated is loss of seniority. They argue that if an employee is reinstated or returned to work by the carrier following a dismissal without loss of seniority, then his employment status never was terminated. However, the argument entirely overlooks the fact that when a man is dismissed for just cause, it falls within the discretion of the carrier to leave him off the payrolls permanently or, as an act of leniency, to put him back on the payroll with seniority. However, it is such dismissal that constitutes the termination of employment; such an employee's return to service without loss of seniority, and in some instances also with all or part pay for lost time, is in fact an act of leniency by the carrier and in no way modifies or changes the meaning of "termination of employment relation" as it is referred to in Article 8 of the vacation agreement. The referee feels that counsel for the carriers put the problem rather effectively when, on page 659 of the transcript, he stated : "Now, Mr. Referee, I will agree that this is a small thing and the situation with which we are confronted does not occur every day, but I find myself just in this position: "I think railroad managers are human. I know from my own experience that they listen with care and consideration to leniency pleas. But what Xx. Xxxxx suggests, it seems to me, is simply this: that whenever from now on a plea is made for the reinstatement of a man, the man who gives it has to say to himself,'Here is a man who is guilty, his guilt was such as to justify dis...
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Referee's Decision. The Referee will render his or her decision in writing, with detailed reasons, and shall provide a copy of the decision to each Party within 5 Business Days of the BAFO Submission Date or such later date as the Parties may agree in writing (the “Referee Review Period”). The Referee’s decision (unless otherwise expressly agreed by the Parties in writing) shall be based on one Party’s BAFO and shall not be based on or influenced by any matter or consideration other than may be contained in the successful Party’s BAFO.
Sample 1
Referee's Decision. It is the decision of the referee that the position of the carriers on this question cannot be sustained. On the other hand, the position of the labor organizations can be sustained only in part. It is submitted that it would be a very unreasonable and unfair interpretation of Article I of the agreement to hold, as contended for by the carriers, that " A day is to be considered as a 24-hour period from the time an employee first began service on any day." The term "day," as used in collective- bargaining agreements, generally means "work day" and not "calendar day." The length of a man's work day generally is measured in terms of the work shift or tour of duty. Hence, it is possible for an employee under some circumstances to complete two or more work days in one calendar day of twenty-four hours if he is assigned to more than one shift or tour of duty in one calendar day. Thus, the referee rejects the contention of the carriers that a day. under Article I of the agreement, shall be considered as a 24-hour period from the time an employee first began service on any day and that all compensated service on such day, regardless of the time or the amount of compensation paid, shall be considered as one day. The referee approves the following proposals of the labor organizations: "The days need not be consecutive, but may be any days of the calendar year preceding the year in which the vacation is to be taken. Each calendar day for which an employee is paid by the employing carrier for some time, regardless of the amount of compensation, or the length of time paid for, will be counted as one day, provided, however;
Sample 1
Referee's Decision. Binding But Not Final 4
Sample 1
Referee's Decision. It is the opinion of the referee that no disagreement of substance exists in fact between the parties as to the meaning and intent of the first paragraph of Article 5. The language of the paragraph gives to the management the right to defer vacations. As pointed out in the contentions of the employees, the language does not mean that management can defer vacations on the basis of trivial or inconsequential reasons. What the language of the paragraph does do is lay down a statement of policy that when a vacation schedule is agreed to and the employees have received notice of the same and have made their vacation plans accordingly, the schedule shall be adhered to unless the management, for good and sufficient reason, finds it necessary to defer some of the scheduled vacations. When such a situation arises, the management is obligated to give the employee as much advance notice as possible and in any event, not less than ten days' notice, except in case of an emergency. In case it becomes necessary to advance the scheduled vacation date, then the employee is entitled to a thirty days' notice under the language.
Sample 1
Referee's Decision. The referee sustained the initial determination of the local office ruling claimants eligible to receive benefits effective various dates without disqualifying conditions, except as modified by the referee to make the initial determinations effective July 7, 1959 as to all claimants except claimants Xxx, Xxxxxx and Xxxxxxxx, and to that extent overruling the objections of the employer thereto. The employer further appeals from the decision of the referee filed February 3, 1960 sustaining the initial determinations of the local office holding the three claimants there involved, Xxxxxxxxx, Armeli and Xxxxxx, eligible to receive benefits effective various dates without disqualifying conditions and overruling the objections of the employer thereto. Xxxxxxxx Xxxx Xxxxxxx appeals from the decision of the referee filed September 17, 1959 insofar as it modifies the initial determination of the local office holding claimant eligible to receive benefits effective June 1, 1959 without disqualifying conditions by making it effective July 7, 1959. Xxxxxxxx Xxxxxxxxx appeals from the decision of the referee filed September 17,1959 insofar as it overrules the initial determination of the local office holding claimant eligible to receive benefits effective June 1, 1959 without disqualifying conditions and sustaining the objections of the employer.
Sample 1
Referee's Decision the Referee will render a written and impartial decision with reasons on the Dispute and identifying the strengths and deficiencies of each BAFO, with copies to both parties, as soon as practicable in the circumstances, with the objective of rendering a decision within 3 Business Days of receiving the BAFOs. The Referee shall only be authorized to select and issue as its final decision one party’s “best and final offer” submitted pursuant to Section 1.4(c) [Final Offer Proposal] of this Schedule 20 [Dispute Resolution Procedure]. For the avoidance of doubt, the Referee shall not be authorized or permitted to issue any final decision that deviates from the “BAFOs” submitted by the parties unless the Parties mutually agree in writing at the time to empower the Referee with the authority to make his or her own decision.
Sample 1
Referee's Decision. The arbitrator's decision shall include the essential determinations and conclusions on which the arbitrator has based the award. The execution of the arbitral award may be requested before any competent court. The arbitrator may award any relief permitted by law or the AAA Rules, but declaratory or injunctive relief may only be awarded on an individual basis and only to the extent necessary to provide relief justified by plaintiff's individual claim.
Sample 1

Related to Referee's Decision

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Arbitrator’s Decision Within thirty (30) days after the appointment of the third arbitrator, the three (3) arbitrators shall decide whether the parties will use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant of their decision. The decision of the majority the three (3) arbitrators shall be binding on Landlord and Tenant.

  • The Decision If mediation fails, or is not appropriate, and if the decision can be rendered after a short deliberation, the Arbitrator will do so. By meeting first with counsel to explain the framework of the Arbitrator’s decision, the parties are provided with an opportunity to influence the exact terms of resolution. Within the framework of settlement as outlined by the Arbitrator, the parties can work out exact terms which best suit the specifics of the case. Such an opportunity should not be wasted by continuing to argue the merits of the case.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Attachment Facilities, System Upgrade Facilities, or System Deliverability Upgrades.

  • Arbitration Panel The arbitration panel shall consist of three arbitrators. The arbitrators must be impartial and must be or must have been officers of life insurance and or securities companies other than the parties or their affiliates.

  • Independent Decision The Investor is not relying on the Issuer or on any legal or other opinion in the materials reviewed by the Investor with respect to the financial or tax considerations of the Investor relating to its investment in the Shares. The Investor has relied solely on the representations and warranties, covenants and agreements of the Issuer in this Agreement (including the exhibits and schedules hereto) and on its examination and independent investigation in making its decision to acquire the Shares.

  • COURT'S DECISION 33.01 In the event of any articles or portions of this Agreement being held improper or invalid by any Court of Law or Labour Relations Board, such decision shall not invalidate any other portions of this Agreement than those directly specified by such decision to be invalid, improper or otherwise unenforceable.

  • Arbitrators If the matter in controversy (exclusive of attorney fees and expenses) shall appear, as at the time of the demand for arbitration, to exceed $250,000, then the panel to be appointed shall consist of three neutral arbitrators; otherwise, one neutral arbitrator.

  • Review of Decision Within sixty (60) days after the Secretary’s receipt of a request for review, he or she will review the Company’s determination. After considering all materials presented by the Claimant, the Secretary will render a written opinion, written in a manner calculated to be understood by the Claimant, setting forth the specific reasons for the decision and containing specific references to the pertinent provisions of this Agreement on which the decision is based. If special circumstances require that the sixty (60) day time period be extended, the Secretary will so notify the Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after receipt of the request for review.

  • Arbitration Appeal A. If an employee grievance is not resolved at Step 2, the aggrieved employee or the PBA may, within fifteen (15) calendar days after receipt of the Step 2 response, submit a request for arbitration to the Labor Relations Office. B. In non-disciplinary grievances, either the PBA or the Employer may request to take the issue or grievance directly to arbitration by submitting the request for arbitration to the Labor Relations Office. C. If the parties fail to mutually agree upon an arbitrator within five (5) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested and paid for by the moving party from the Federal Mediation and Conciliation Service (FMCS). Within fifteen (15) calendar days after receipt of the list, the parties shall meet and alternately strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall strike first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list and the above described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Labor Relations Office, which will pay the fee for that particular list. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing, the rules of judicial procedure should be followed as closely as possible.