RESOLUTION OF DISPUTES & GRIEVANCES Sample Clauses

RESOLUTION OF DISPUTES & GRIEVANCES. 16.1 In the event that a grievance or dispute arises over matters dealt with by this Agreement, as far as possible every effort will be made to resolve the issue at the local level. The parties are committed to speedy resolution of the issue in accordance with the following procedure: (a) The grievance or dispute should be raised by the employee or employees with the Site Engineering Manager, who will respond within two working days, unless there are circumstances preventing a response in that time. (b) If the grievance or dispute remains unresolved, then the employee/s may choose to involve their chosen representative (which may include a union official) and the issue is to be referred to the Site Manager, who will respond within two working days, unless there are circumstances preventing a response in that time. (c) If the grievance or dispute remains unresolved, then the issue is to be referred to the senior management of the Company who will respond within two working days, unless there are circumstances preventing a response in that time. (d) If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel. (e) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. 16.2 There is to be full continuity of operations without restrictions on normal work or industrial action of any kind while the procedures in this clause are followed. This sub-clause does not have the effect of requiring employees to continue to work in circumstances where a genuine occupational health and safety issue arises. 16.3 This procedure is designed to avoid disputes, including work bans or limitations, go-slows, strikes, etc., and recognises the need for continuity of operations while matters are being resolved. The short shelf life of our products and the consequent impact on our customers if there are any disruptions are paramount considerations to all parties to this Agreement.
Sample 1See All (4)
AutoNDA by SimpleDocs
RESOLUTION OF DISPUTES & GRIEVANCES. 14.1 Mutually acceptable resolutions of disputes at the lowest level will be sought by union representatives and management. This means seeking to resolve issues on an informal basis wherever possible, without recourse to formal procedures. 14.2 Informal resolution of grievances will often involve a discussion between the employee and their line manager. However, an employee is entitled to involve their workplace union representative in the informal discussion with their line manager if appropriate. 14.3 The trade unions, the Council and Wigan schools will support the culture of partnership working and conflict resolution on which this agreement is based.
Sample 1Sample 2
RESOLUTION OF DISPUTES & GRIEVANCES. 20.1 All grievances, disputes and disagreements arising in relation to any aspect of the employment shall be dealt with in accordance with the following procedure: 20.1.1 The matter in the first instance will be raised by the employee concerned and discussed with the employee’s immediate supervisor.‌ 20.1.2 Where, following this discussion, the matter remains unresolved despite all reasonable efforts of those involved, it will be referred in writing by the employee to the next up supervisor or manager for discussion between the employee and that supervisor or manager. 20.1.3 Where, following this discussion, the matter still remains unresolved it will be referred in writing by the supervisor or manager to an appropriate senior Company representative. 20.1.4 If the matter continues to be unresolved after the abovementioned steps have been followed, the matter in dispute may be referred by any of the parties to the AIRC for conciliation in respect of the matters contained within this Agreement, provided that nothing in this subclause empowers the AIRC to make orders in respect of any matter contained within or relating to this Agreement or any matter in dispute unless the AIRC is authorised in writing by the parties to do so prior to dealing with the matter in conciliation. 20.1.5 While these procedures are being followed and until such time as the matter is finally resolved, work shall proceed in accordance with the reasonable direction of the Company, safe work practices, the employee’s recognised skills, competence and training, and without prejudice to the position of any of the parties involved.
Sample 1Sample 2
RESOLUTION OF DISPUTES & GRIEVANCES. 15.1 This process and the rights contained herein are subject to the operation of the Act. 15.2 In the event that a grievance or dispute arises over matters dealt with by this Agreement, as far as possible every effort will be made to resolve the issue at the local level. The parties are committed to speedy resolution of the issue in accordance with the following procedure: (a) The grievance or dispute should be raised by the employee or employees with the Site Livestock Manager, who will respond within two working days, unless there are circumstances preventing a response in that time. (b) If the grievance or dispute remains unresolved, then the employee/s may choose to involve a representative of their choice and the issue is to be referred to the Site Manager, who will respond within two working days, unless there are circumstances preventing a response in that time. (c) If the grievance or dispute remains unresolved, then the issue is to be referred to the senior management of the company who will respond within two working days, unless there are circumstances preventing a response in that time. (d) If the grievance or dispute remains unresolved it is to be notified to the Australian Industrial Relations Commission for conciliation and, by further agreement in respect of a particular grievance or dispute, arbitration if necessary. Subject to the operation of the Act and the respective rights of the parties the Commission’s decision will be final. 15.3 There is to be full continuity of operations without restrictions on normal work or industrial action of any kind while the procedures in this clause are followed. This clause does not have the effect of requiring employees to continue to work in circumstances where a genuine occupational health and safety issue arises.
Sample 1
RESOLUTION OF DISPUTES & GRIEVANCES. 32.1 All grievances, disputes and disagreements arising in relation to any aspect of the employment, this agreement or the National Employment Standards shall be dealt with in accordance with the following procedure:
Sample 1

Related to RESOLUTION OF DISPUTES & GRIEVANCES

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Mediation of Disputes The parties shall endeavor in good faith to settle within 90 days any controversy or claim arising out of or relating to this Agreement or the breach thereof through mediation with JAMS, Endispute or similar organizations. If the controversy or claim is not resolved within 90 days, the parties shall be free to pursue other legal remedies in law or equity.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • Resolution of Disputes Choice of Law (a) This Transition Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. (b) All suits, actions or proceedings arising out of or relating to this Transition Agreement shall be brought in a state or federal court located in San Francisco County, California, which courts shall be the exclusive forum for all such suits, actions or proceedings. Executive and the Company hereby waive any objection which either of Executive may now or hereafter have to the laying of venue in any such court, including any claim based on the doctrine of forum non conveniens or any similar doctrine, for any such suit, action or proceeding. Executive and the Company each hereby irrevocably consent and submit to the jurisdiction of the federal and state courts located in San Francisco County, California for the purposes of any suit, action or proceeding arising out of relating to this Transition Agreement. If any action is necessary to enforce the terms of this Transition Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled (c) EXECUTIVE AND THE COMPANY EACH HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING UNDER THIS TRANSITION AGREEMENT OR RELATED IN ANY WAY TO EXECUTIVE’S EMPLOYMENT AND/OR TO THE TERMINATION OF EXECUTIVE’S EMPLOYMENT AND AGREE THAT ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE’S INTENDED USE.

  • GRIEVANCE PROCEDURE AND ARBITRATION 8.01 Any employee or the Union has the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation of this Agreement. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her/his union representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. The Employer also agrees, as a good labour relations practice, it will also notify the Bargaining Unit. 8.03 It is the intent of the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union has no grievance concerning an individual nurse until the Director of Care or her/his designate has been given an opportunity of adjusting the complaint. Such complaint shall be discussed with the Director of Care within fifteen (15) working days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice and assistance from others. If there is no settlement within nine (9) working days, it shall then be taken up as a grievance within nine (9) working days in the following manner and sequence: The Union may present the grievance to the Administrator, or her/his designate, who shall render her/his decision within five (5) working days after the presentation of the grievance to her/him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. If the decision is unsatisfactory, then the grievance may be presented in the following manner: Within ten (10) working days after the decision is given at Step No. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed by the Board of Directors of the Manor to consider the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative of the Union. The decision of the committee of the Board of Directors will be rendered in writing to the Labour Relations Officer and the bargaining unit representative within ten (10) working days following such a meeting.

  • Governing Law; Disputes 15.1 The laws of the State of New York, U.S.A. govern this Agreement, and the relationships created by it, except for its laws regarding conflicts of law and arbitrability; the Federal Arbitration Act governs all issues of arbitrability. Neither party may bring a claim more than two years after the underlying cause of action first accrues. 15.2 Each party agrees to give the other prompt written notice of any claim, controversy, or dispute arising under or related to this Agreement, and both parties agree to engage in good faith discussions to resolve the matter. If that fails to resolve the matter promptly, upon the election of either party, the parties will participate in a non-binding mediation before a mutually agreed mediator. Any controversy, claim or dispute which is not resolved through the procedures set forth above within 60 days following the initial notice (or such longer period as the parties may agree) will be resolved by arbitration before a sole arbitrator who is an attorney, under the then-current Commercial Arbitration Rules of the American Arbitration Association. The duty and right to arbitrate will extend to any employee, officer, director, shareholder, agent, or affiliate, of a party to the extent that right or duty arises through a party or is related to this Agreement. The decision and award of the arbitrator will be final and binding, and the award rendered may be entered in any court having jurisdiction. The arbitrator is directed to hear and decide potentially dispositive motions in advance of a hearing on the merits by applying the applicable law to undisputed facts and documents. The arbitration will be held in Atlanta, Georgia, U.S.A. This Section 15.2, and the obligation to mediate and arbitrate, will not apply to claims for infringement, misappropriation or misuse of a party’s intellectual property or Confidential Information, or collection of sums owed to NCR Voyix under this Agreement. A party may at any time seek from a court of competent jurisdiction an injunction or other equitable relief in aid of arbitration. The arbitrator will not have authority to award punitive damages, non- compensatory damages, or any damages other than direct damages, nor have authority to award direct damages inconsistent with the limitations and exclusions set forth in this Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

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