Referral of Disputes a) Either central party must refer a dispute to the Committee for discussion and review
Referral of Disputes. All disputes which may be referred to a bargaining council in terms of the Act, and which fall within this Council’s registered scope, shall be referred to this Council in accordance with the Act and the rules of the CCMA.
Referral of Disputes. The Landlord and the Tenant shall endeavour to agree the open market rental value as at the relevant review date but if it has not been agreed by the day three months before the relevant review date the question may be referred by the Landlord or the Tenant to the determination of a referee acting as an arbitrator pursuant to the Arbitration Xxx 0000.
Referral of Disputes. Any dispute between the Parties solely concerning asserted non-compliance with the terms of this Agreement shall be referred for consideration to the Flow Coordinating Committee or the Non- Flow Coordinating Committee established under Section 5.0. The appropriate committee shall convene as soon as practicable following issuance of a written request by any Party. All decisions of the committee must be unanimous. In the event a committee cannot resolve the dispute within thirty (30) days after its first meeting on a dispute, it shall give notice of its failure to resolve the dispute to all Parties.
Referral of Disputes. (A) All Disputes shall be resolved in accordance with the Dispute Resolution Procedure set out in this Clause 29.
(B) The Parties shall use their respective best efforts to identify any matter which may become a Dispute as early as practicable and to incorporate appropriate dispute avoidance systems as part of their relationship at a working level.
(C) Notwithstanding Clause 29.1(B), either Party may refer any Dispute to the Dispute Resolution Procedure by written notice setting out the nature of the Dispute to the other Party. The date of receipt of such written notice by the non-referring Party shall be the “Referral Date” for the purposes of this Clause 29.
Referral of Disputes.
(a) A joint committee shall be constituted to hear and determine any dispute between the parties over the application, interpretation, operation or alleged violation of this article.
(b) The Joint Committee shall consist of five representatives, two appointed by the Union, two appointed by the Employer, and a chairperson. The Chairperson shall be appointed jointly by the parties.
(c) The Joint Committee shall not have the authority to amend, modify, or otherwise alter this article or the Master Agreement.
(d) If the Joint Committee is unable to resolve any disputes over the interpretation, application, operation or alleged violation of this article, and any dispute related to the placement of employees under Clause 36.2 of this article, the chairperson of the Committee shall, at the request of either party, sit as an arbitrator over all disputes pertaining to this article.
(e) The Joint Committee shall have the authority, in such circumstances as they deem appropriate, to:
(1) relieve against the limitations contained in Clause 36.2(c)(2)(iv), and
(2) define "comparable" for the purposes of Clause 36.2(c)(2) as follows:
Referral of Disputes. 1. The Joint Standing Committee provided for in Article 34 shall hear and determine any dispute between the parties over the application, interpretation, operation or alleged violation of this Memorandum.
2. Within 60 days of the signing of this Memorandum, the parties shall jointly appoint a chairperson who shall preside over the hearing of any and all disputes referred to in paragraph 1 above.
3. The Joint Standing Committee shall not have the authority to amend, modify, or otherwise alter this Memorandum of Agreement or the Master Collective Agreement.
4. If the Joint Standing Committee is unable to resolve any disputes over the interpretation, application, operation or alleged violation of this Memorandum, and any dispute related to the placement of employees under Section C, the chairperson of this Committee shall, at the request of either party, sit as an arbitrator over any and all disputes pertaining to this Memorandum.
5. The Joint Standing Committee shall have the authority, in such circumstances as it deems appropriate, to relieve against the limitations contained in Section C(2)(d).
6. The provisions of Clause 34.01 of this collective agreement are deemed to be of no force or effect to the extent that they may conflict with this Memorandum. Dated: June 1, 1989
Referral of Disputes. 4.1. Parties to SARPBAC, as also Parties who fall within the registered scope SARPBAC, may refer a dispute to SARPBAC should the dispute not be resolved at plant level and a Party to the dispute wish to take the matter further.
4.2. Disputes shall only be referred to SARPBAC after Parties to the dispute have complied with and exhausted all plant level dispute resolution procedures and failed to resolve the dispute.
4.3. A Party may refer a dispute to SARPBAC if:-
4.3.1 there is no plant level Collective Agreement or if the plant level Collective Agreement does not provide dispute procedures
4.3.2 the procedure provided for in the plant level Agreement is inoperative
4.3.3 a Party to the dispute has frustrated the resolution of the dispute in terms of the plant level procedures
4.4. A Party wishing to refer a dispute to SARPBAC for conciliation, Conciliation/Arbitration and/or arbitration must do so in writing, by completing SARPBAC’s referral form setting out the details of the dispute and lodging the referral form, duly signed, together with all other required documentation with SARPBAC within the allowed time frame.
4.5. The referring Party must, when lodging a dispute with SARPBAC, attach documented proof that a copy of the referral form has been served on all other Parties to the dispute.
4.6. SARPBAC shall, on receipt of a referral and having satisfied itself as to the compliance of the referral with agreed procedures and time frames, appoint a Commissioner from the panel to conciliate, conciliate/arbitrate or arbitrate the dispute, as the case may be, and arrange the venue, date and time for the matter to be heard.
4.7. Disputes, including dismissal disputes, must be lodged with SARPBAC within thirty (30) days of the date on which the Act giving rise to the dispute occurred or, if at a later date, within thirty (30) days of all the plant level, internal dispute resolution procedures have been complied with and exhausted.
4.8. Unfair labour practice disputes must be lodged with SARPBAC within ninety (90) days of the date that the alleged unfair labour practice occurred.
4.9. SARPBAC shall refuse to accept a late referral unless, and until, an application for Condonation has been lodged with SARPBAC in terms of Clause 6 of this appendix.
Referral of Disputes. 97.1 All Disputes between the Corporate Officers and the Delivery Authority regarding matters in this Agreement will be resolved in accordance with the escalation procedure set out in this Clause 97.
97.2 The Parties will use their respective best efforts to identify any matter which may become a Dispute as early as practicable and to incorporate appropriate dispute avoidance systems as part of their relationship at a working level.
97.3 Notwithstanding Clause 97.1, either Party may refer any Dispute to the escalation procedure by written notice setting out the nature of the Dispute to the other Party. The date of receipt of such written notice by the non-referring Party will be the "Referral Date" for the purposes of this Clause 97.
97.4 As soon as practicable, the Representatives of the Corporate Officers and the Representatives of the Delivery Authority will seek to resolve such Dispute.
97.5 If the Representatives do not resolve the Dispute in a Timely manner, the Dispute will be referred for discussion and resolution between the Corporate Officers and the Chief Executive Officer and/or the Chair of the Delivery Authority, with the head of the R&R joint department.
Referral of Disputes. 99.1 All Disputes between the Sponsor Body and the Delivery Authority regarding matters in this Agreement will be resolved in accordance with the escalation procedure set out in this Clause 99.
99.2 The Parties will use their respective best efforts to identify any matter which may become a Dispute as early as practicable and to incorporate appropriate dispute avoidance systems as part of their relationship at a working level.