Reference Procedure Sample Clauses

Reference Procedure. The referee shall render a written statement of decision and shall conduct the proceedings in accordance with the California Code of Civil Procedure, the Rules of Court, and California Evidence Code, except as otherwise specifically agreed by the parties and approved by the referee. The referee’s statement of decision shall set forth findings of fact and conclusions of law. The decision of the referee shall be entered as a judgment in the court in accordance with the provisions of California Code of Civil Procedure Sections 644 and 645. The decision of the referee shall be appealable to the same extent and in the same manner that such decision would be appealable if rendered by a judge of the superior court.
AutoNDA by SimpleDocs
Reference Procedure. 68.1 Each controversy, dispute or claim between the Parties arising out of or relating to this Lease, which controversy, dispute or claim is not settled in writing within thirty (30) days after the date upon which notice is given in accordance with PARAGRAPH 22 herein of a controversy, dispute or claim by a complaining Party to the other Party ("CLAIM DATE" herein) will be settled by a reference proceeding in Los Angeles, California in accordance with the provisions of Sections 638 of the California Code of Civil Procedure, or their successor sections

Related to Reference Procedure

  • ARTICLE GRIEVANCE PROCEDURE The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

  • Acceptance Procedure Lessor hereby authorizes one or more employees of the related Lessee, to be designated by such Lessee, as the authorized representative or representatives of Lessor to accept delivery on behalf of Lessor of that Leased Property identified on the applicable Funding Request. Each Lessee hereby agrees that such acceptance of delivery by such authorized representative or representatives and the execution and delivery by such Lessee on each Closing Date for property to be leased hereunder of a Lease Supplement in substantially the form of Exhibit A hereto (appropriately completed) shall, without further act, constitute the irrevocable acceptance by such Lessee of that Leased Property which is the subject thereof for all purposes of this Lease and the other Operative Documents on the terms set forth therein and herein, and that such Leased Property, together with, in the case of Land, any Building or other improvements thereon or to be constructed thereon pursuant to the Construction Agency Agreement, shall be deemed to be included in the leasehold estate of this Lease and shall be subject to the terms and conditions of this Lease as of such Closing Date. The demise and lease of each Building pursuant to this Section 2.2 shall include any additional right, title or interest in such Building which may at any time be acquired by Lessor, the intent being that all right, title and interest of Lessor in and to such Building shall at all times be demised and leased to the related Lessee hereunder.

  • GRIEVANCE PROCEDURE In determining the time in which any step under the following is to be taken, Saturdays, Sundays, recognized holidays, or an authorized leave being paid directly by the University shall be excluded. 28.1 Any difference arising between the parties to this Agreement relating to the meaning, interpretation, or application of this Agreement, including allegations that the Agreement has been violated, may be the subject of a grievance and shall be processed in the manner following. 28.2 No grievance shall be processed through the grievance procedure which is not initiated by the Union within twenty-five (25) days after the incident giving rise to the grievance or within twenty-five (25) days of the Employee becoming aware of the incident giving rise to the grievance. 28.3 An Employee who feels that they have a complaint may first discuss the matter with the Department Head or designate. The Employee may have a Union Representative present, if so desired. When any complaint cannot be settled by the foregoing informal process, the formal grievance procedure may be invoked. 28.4 Subject to Articles 28.8 and 29.8, it is agreed that the presentation and processing of any grievance herein, including any arbitration procedures as specified in Article 29, must conform to the applicable procedure and time limits. 28.5 STEP ONE If the Employee or the Union is not satisfied with the decision of the Department Head or designate the Union may within ten (10) days of receipt of the decision or the date the decision should have been given, present a grievance in writing to the Senior Director, Human Resources, at the first level of the grievance procedure. If the Union does not receive a reply or satisfactory settlement within ten (10) days STEP TWO Within ten (10) days from receipt of the decision, or the date a decision should have been given in Step One, the Union may present the grievance in writing either by personal service or by registered mail to the Vice-President Finance and Administration as the second level in the grievance procedure. 28.6 Where a grievance is presented or at any meeting in accordance with the foregoing process, or hearing relating to a grievance, the affected Employee(s) and a representative of the Union Local shall be given the necessary time off without loss of pay. 28.7 Where either party to this Agreement disputes the general application, interpretation, or alleges a violation of an article of this Agreement, the dispute shall be discussed initially with the University or the Union, as the case may be. Where no satisfactory agreement is reached, either party may submit the dispute to arbitration, as provided in Article 29 of this Agreement. 28.8 At the request of either party to this Agreement, it may be mutually agreed to extend the time limits specified herein.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!