Umpire. Where a dispute is unresolvable by the Board of Trustees, it shall be submitted to an umpire whose decision will be binding on both parties. The umpire shall be mutually acceptable and be experienced in the group insurance field. Notwithstanding the above, an umpire shall not decide on matters affecting the overall cost of the Plan and benefits it provides, nor is he empowered to deal with matters properly handled through the Adjustment of Complaints Procedure of this agreement, or matters that are properly dealt with through collective bargaining. Should any conflict arise between the terms of the contract or contracts issued by the underwriter or underwriters and the terms of the Plan, the terms of the Plan shall prevail.
Umpire. The organisations shall jointly request an umpire outside their own group to assume the office of chairman of the court of arbitration. If the organisations fail to agree on a chairman/umpire, they shall as soon as possible request the Danish Industrial Court to appoint one. The application to the Danish Industrial Court shall state the names of the persons proposed during the negotiations between the organisations.
Umpire. The Board and the Union may, by written agreement, substitute a named Umpire for the Board of Arbitration provided for herein and the Umpire shall possess the same powers and be subject to the same limitations as the Board of Arbitration..
Umpire. ASSAYING This process is applicable for the samples taken at the port of arrival. The analyses should be made independently by OMG and Gecamines. The exchange of assays will be made by telecopy. If the difference of assays for Co, Cu and Ni of the two parties is not higher than 0.20% the arithmetic mean of these two results will be accepted final. In the event of greater difference and if either of parties demand, an umpire assay may be made on the samples reserved by two independent laboratories, mutually approved. The reference assayers cannot act as representative agent of OMG or Gecamines at the weighing, sampling and moisture determination operations and/or carry out, for any or both parties, the analysis for the assay exchange. Should the umpire assay fall between the results of the two parties or coincide with either, the arithmetical mean of the umpire assay and the assay of the party which is the nearer one to the umpire shall be taken as the agreed assay.
Umpire. SEC. 5 Portability XVI PENSION PLAN . SEC. 1 -The SEC. 2 -Contributions SEC. 3 -Board of Trustees SEC. 4 -Existing Plan XVII SENIORITY . . . .
Umpire. In the event of a dispute over the interpretation, application, or administration of the layoff and recall provisions of the Collective Agreement or a concern arising from where a notice of layoff could result in more than (2) transfers, either party may refer the matter to the Umpire. The Umpire shall be Don (or if he is unavailable, Xxxxxxx The Umpire shall have exclusive jurisdiction to resolve any difference aforesaid between the parties on such terms as (or considers just and reasonable in the circumstances. the exercise of his jurisdiction, the Umpire shall seek to avoid excessive serial transfers while at the same time avoid- ing clear injustices to individual employees. In the exercise of the jurisdiction, the Umpire may include a temporary red circling direction where the Umpire has precluded a transfer that might otherwise have occurred. Unless otherwise agreed by the parties in advance, decisions by the Umpire shall be without prejudice or precedent. Proceedings before (or under this paragraph shall be on an expedited basis, in accordance with procedures established by (or which may include hearings by conference telephone call. The amount of notice of termination or pay in lieu of notice of termination will be determined by this Agreement or the Employment Standards Act, whichever is greater. Employees terminated as a result of culpable conduct shall not be enti- tled to severance pay except where it is mutually agreed upon between the parties or part of an arbitration award.
Umpire. 1. Grievance appeals properly submitted for final and binding arbitration shall be decided by an umpire mutually acceptable to the City and the Association.
2. The umpire's term of office shall be six months and shall automatically be renewed for an identical term unless one of the parties submits to the other in writing an objection to such renewal no later than 30 calendar days prior to the expiration of the term. No renewal shall extend beyond the term of this Agreement. By mutual consent of the parties, an individual serving as umpire may be removed at any time. Upon non-renewal or removal of the umpire, either a new umpire, mutually acceptable to both parties, shall be appointed, or, in the event the parties, after 20 calendar days, are unable to agree on a mutually acceptable umpire, Part III, Section II. B. from the GRIEVANCE AND ARBITRATION PROCEDURE of the 1981-1982 City/Association Labor Contract shall be substituted for subsection B. of this Article and the word, "arbitrator" shall be substituted for the word, "umpire" wherever it appears in this Article.
3. In accordance with the foregoing provisions and by their mutual consent, the parties agree to designate Xxxxx Xxxxx as umpire for the time period beginning on the execution date of the successor agreement to the City/MPA 2004-2006 Labor Agreement, and ending six (6) months thereafter.
Umpire. 8.6.1 Should any dispute be referred to an Umpire for determination in terms of this Contract, the Umpire shall resolve such dispute acting as an expert and not as an arbitrator on the following basis. Should the Umpire's assay:
8.6.1.1 coincide exactly with the result of either of the Parties, the Umpire’s assay shall be deemed to be the final official settlement assay; or 9 | Page
8.6.1.2 fall between the Rand Refinery Official assay and the Depositor's official assay, the final settlement assay shall be deemed to be the average of the Umpire assay and the assay of the Party closest to the Umpire assay; or
8.6.1.3 fall outside these aforementioned limits, the final settlement shall be based on the median of the three (3) assays.
8.6.2 The cost of the Umpire’s assay shall be paid by the Party whose assay is furthest away from the Umpire assay except when the Umpire assay is the arithmetical mean of the other two, in which event the Umpire’s costs shall be shared equally by the Parties.
Umpire neutral official who watches a game closely to enforce the rules and arbitrate matters arising from the play.
Umpire before proceeding with their determination, the valuers must jointly appoint an umpire, who must also be a member of the New Zealand Property Institute, and obtain the umpire’s written acceptance of appointment;
