Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.
LEAD HANDS A Lead Hand is an employee who temporarily assumes the duties of a supervisor. The Lead Hand rate also applies to members assigned to specific training positions. It is further agreed that such assignments will not include training contractor personnel or supervisory dispatchers or quality control functions. Lead Hands may be required to distribute work and answer questions. They will not be asked to conduct performance appraisals or handle disciplinary matters. Only an employee who desires a Lead Hand opportunity will be considered for the position. The opportunity will be posted in all offices and stations to ensure Local 975 memberships are aware of the volunteer concept. The Company will review the capabilities of those who express an interest Employees agreeing to take a Lead Hand assignment will not be required to change shifts, and other Local 975 employees will not experience shift changes due to someone else being made Lead Hand. The Company will notify the Union of all Lead Hand assignments exceeding one- month (1) duration. For assignments expected to exceed three (3) months in a twelve- month (12) period, the Company and the Union must be in mutual agreement. Training positions will not exceed six months without mutual agreement. LETTER OF UNDERSTANDING #12 RE: TEMPORARY RE-ASSIGNMENT OF C&M EMPLOYEES From time to time the Company is required to perform C&M work outside the hours of the regular day shift. Because it is not practicable at this time to set up new shifts to do this work, the Company requires that employees temporarily change their hours of work so that the work can be completed on a timely and cost effective basis. The Union recognizes the need of its C&M day shift crews on an “as needed” basis, and that for the first eight (8) hours per day of these rearranged hours, employees agreeing to change hours will be paid at straight time. • The Union executive and the involved employee will be given as much notice as possible of the impending schedule change • For the purpose of Article twenty three (23) the re-assigned hours will be considered “regular hours” for the duration of the reassignment. Overtime clauses will apply accordingly. LETTER OF UNDERSTANDING #13 RE: OPERATIONS TECHNICIAN POSITION The Company is committed to further training and development of a multi-skilled workforce. This strategy provides a benefit both to the worker and the Company. It allows the worker to expand on their skill set and have further opportunity and security in the evolving workplace. It allows the Company to gain efficiencies and be more productive in completing work. With respect to the Operations Technician Classification, the Company commits to the following:
Conflict of Interest Questionnaire Requirement - Form CIQ - Continued If you responded "No, Vendor does not certify - VENDOR HAS CONFLICT" to the Conflict of Interest Questionnaire question above, you are required by law to fully execute and upload the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." If you accurately claimed no conflict above, you may disregard the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." Have you uploaded this form if applicable? Not Applicable
Independent Legal Advice Each of the Parties hereby acknowledges that it has been afforded the opportunity to obtain independent legal advice and confirms by the execution and delivery of this Agreement that they have either done so or waived their right to do so in connection with the entering into of this Agreement.
Disagreement on Decision Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson of the Board of Arbitration to reconvene the Board to clarify the decision, which it shall do within five (5) days.
Litigation History There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last (Specify years). All parties to the contract shall furnish the information in the appropriate form about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the year’s specified. A consistent history of awards against the Tenderer or any member of a JV may result in rejection of the tender.
GRIEVANCE PROCEDURE (Continued STEP No.2 If the grievance is not settled up to this point, the grievance committee shall, within ten (10) working days after the decision of the Regional Supervisor Plant Operations under Step No.1, refer the written grievance to the Executive Officer of Human Resources or designate. The Executive Officer of Human Resources or designate shall then investigate the grievance and shall meet with the Union Grievance Committee within fifteen (15) working days after receipt of the written grievance. At such meeting the Board or the Union may have such additional representation present as each party desires, and the grievor or employee(s) concerned may be required to be present at the request of either party. The Executive Officer of Human Resources shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx within ten (10) working days. STEP No.3 If the grievance is not settled up to this point, the grievance committee shall, within ten (10) working days after the decision of the Executive Officer of Human Resources under Step No.2, refer the written grievance to the Director of Education or designate. The Director of Education or designate shall then investigate the grievance and shall meet with the Union Grievance Committee as soon as possible but not later than two (2) weeks thereafter to attempt to settle the grievance. At such meeting the Board or the Union may have such additional representatives present as each party desires, and the grievor or employee(s) concerned may be required to be present at the request of either party. The Director of Education shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx within ten (10) working days of the holding of the meeting. STEP No.4 If the grievance is not settled at STEP No.3, and if mutually agreed by the Board and the Union, the grievance can proceed to a mediation process. The costs of the process will be shared equally by the parties. STEP No.5 If final settlement of the grievance is not completed at Step No.3 above, it may be referred by either party to Arbitration as hereinafter provided in Article 10 within thirty (30) days from the Director of Education's or designate's decision at Step No.3 above. The party referring the grievance to arbitration shall be restricted to the issue contained in the written grievance.
May I Speak At The Fairness Hearing If you are a Class Member, you may ask the Court for permission to speak at the Fairness Hearing. To do so,
Career Advancement A) In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall. A principal considering making an employment decision that would lead to PTS for any Educator who has not been rated proficient or exemplary on each performance standard and overall on the most recent evaluation shall confer with the superintendent by May 1. The principal’s decision is subject to review and approval by the superintendent.
Decision The decision by the arbitrator shall be rendered within thirty (30) days after the close of the hearing. Decisions by the arbitrator in cases properly before him shall be final and binding upon the parties, subject, however, to the limitations of arbitration decisions as provided by the P.E.L.R.A.
