FOUR. If the Grievant is not satisfied with the decision at Step Three (3) or if no decision has been rendered within fifteen (15) days following the filing of the appeal, the Grievant may request that the association submit the grievance to arbitration. The Association shall notify the District of its desire to proceed to arbitration within twenty (20) days of the above timeline. The parties will, within ten (10) days, attempt to agree on a mutually acceptable arbitrator and, if unable to do so, the Association will request, within five (5) days of such attempt, a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Beginning with the Superintendent, the Superintendent and the Association shall strike names from the list until one individual's name remains, said individual to become arbitrator. The arbitrator selected will confer with representatives of the District and the Association, hold hearings promptly and will issue his/her findings of fact, reasoning, and conclusions on the issue submitted in writing not later than twenty (20) days from the date of the close of the hearings. The findings of the arbitrator shall be final and binding on the parties. Neither party shall be permitted to assert in arbitration proceedings any evidence which was not submitted to the other party before the completion of Step Two (2) meetings. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of arbitration.
FOUR. “Exploration Area” means the portion of the Contract Area that consists of rectangular blocks oriented from North to South, East to West, designated for the study of the Minimum Exploration Program.
FOUR. If the grievant is not satisfied with the resolution at Step Three, the employee shall have fourteen (14) additional days to refer the written grievance to the Medical Center President/CEO or designee. A meeting with the Medical Center President/CEO or her/his designee will be held within fourteen (14) days of receipt of the referral, who will issue a written response to the grievant and the Association within fourteen (14) days following such meeting.
More Definitions of FOUR
FOUR. The sums that are stated in U.S. dollars in this Contract are understood to be convertible in the terms of law 23,928. 11 [75418 484] FIVE: THE COMPANY is conclusively prohibited from total or partial assignment of this contract without prior and express authorization from THE CNT. SIX: Failure by THE COMPANY to comply promptly with any of the payments stipulated in clause THREE shall have the effect of automatically placing it in default, without the need for any notification whatsoever by THE CNT. During the time that the default lasts, the sums that are owed shall accrue compensatory and punitive interest of FORTY-EIGHT PERCENT (48%) annually for both reasons. If within a period of SIXTY (60) days counted from the date that any of the payments stipulated in clause THREE is due, the sums that are owed and their respective interest are not paid, THE CNT may opt to: a) demand compliance with this contract plus applicable damages or b) rescind this contract. In this case THE COMPANY shall pay the amount owed for the payments of clause THREE, and in default, as applicable, with the respective interest, as well as any other amount that is claimed by INTELSAT as damages that might be applicable. THE COMPANY shall pay the amounts that are demanded of it in a period of TEN (10) days after the rescission is notified. Once the rescission is notified, THE CNT may freely dispose of THE CAPACITY that is the subject of this contract.
FOUR. If the Grievant is not satisfied with the decision at Step Three (3) or if no decision has been rendered within fifteen (15) days following the filing of the appeal, the Grievant may request that the association submit the grievance to arbitration. The Association shall notify the District of its desire to proceed to arbitration within twenty (20) days of the above timeline. The parties will, within ten (10) days, attempt to agree on a mutually acceptable arbitrator and, if unable to do so, the Association will request, within five (5) days of such attempt, a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Beginning with the Superintendent, the Superintendent and the Association shall strike names from the list until one individual's name remains, said individual to become arbitrator. The arbitrator selected will confer with representatives of the District and the Association, hold hearings promptly and will issue his/her findings of fact, reasoning, and conclusions on the issue submitted in writing not later than twenty (20) days from the date of the close of the hearings. The findings of the arbitrator shall be final and binding on the parties. Neither party shall be permitted to assert in arbitration proceedings any evidence which was not submitted to the other party before the completion of Step Two (2) meetings. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of arbitration. Costs The fee and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. Powers of the Arbitrator
A. It shall be the function of the arbitrator, and he shall be empowered except as his powers are herein limited, after due investigation, to make decision in cases of alleged violation of the specific articles and sections of this agreement.
B. He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
C. The following matters are excluded from binding arbitration provisions of this grievance procedure.
1. The termination of services of or failure to re-employ any provisional teacher.
2. The placing of a teacher on probation by the Superintendent.
3. Matters pertaining to the discharge of an employee for which the specific terms of this Agreement are not...
FOUR. If the alleged grievance is not settled at Step Three, the matter may be referred to arbitration. Only the Association may refer the matter to arbitration, provided written notice to refer the matter to arbitration is given to the Board within fifteen (15) days from the receipt of the written answer at Step Three. If the grievance is not appealed within the acceptable time period, it shall be deemed abandoned. The submission to arbitration shall contain a statement of the issues to be arbitrated and section violated.
FOUR. The foregoing amendment and restatement of the Articles of Incorporation has been duly approved by the required vote of shareholders in accordance with Section 902 of the California Corporations Code. The Corporation has two classes of stock outstanding and each such class of stock is entitled to vote with respect to the amendment herein set forth. The total number of outstanding shares of the Corporation is 3,360,000 shares of Common Stock and 3,000,000 shares of Series A Preferred Stock. The number of shares voting in favor of the amendment equaled or exceeded the vote required. The percentage vote required was more than fifty percent (50%) of the outstanding Common Stock voting as a class and more than fifty percent (50%) of the outstanding Series A Preferred Stock voting as a class. There are no shares of Series A-1 Preferred Stock outstanding.
FOUR. If the alleged grievance is not settled at step three, the matter may be appealed to arbitration, provided that notice to appeal the matter has been given to the Board within twenty-five (25) school days of the receipt of the Board's written decision in step three. The parties involved will attempt to mutually agree upon an impartial arbitrator. Failure to agree upon an arbitrator within twenty (20) school days of notice to appeal will result in the selection of an arbitrator according to the rules of the American Arbitration Association. Only the Association or Board may take a grievance to arbitration.
FOUR. If not satisfied with the Employer’s answer in Step Three (3), only the 5 Union may appeal the grievance to binding arbitration, within thirty-five (35) weekdays 6 of receipt of the Step Three (3) answer. 8 At the request of either party, including the State Employer, prior to a scheduled 9 arbitration hearing, the parties shall convene a pre-arbitration conference. Such a 10 conference will be for the purpose of clarifying and stipulating the issue(s) to be 11 arbitrated, if possible; attempting to resolve the grievance; or for any other purpose 12 mutually agreed to. Either party may propose a settlement of the disputed issue(s). If a 13 settlement proposal is made, it shall be discussed and considered, but shall not be 14 admissible at arbitration. The designated State Employer Representative, at his/her 15 discretion, may participate in the conference. The party requesting a pre-arbitration 16 conference shall make the request at least ten (10) weekdays prior to the scheduled 17 hearing, unless mutually agreed otherwise in writing. 18 19 The Arbitrator shall be selected and the hearing conducted under the rules of the 20 American Arbitration Association (AAA). Upon mutual agreement, the expedited 21 procedure of the AAA may be utilized. The expenses and fees of the Arbitrator and the 22 cost of the hearings room, if any, excluding a court reporter if requested by only one of 23 the parties, will be shared equally by the parties. If one party provides a copy of the 24 transcript for the Arbitrator, they shall also provide a copy for the other party. 26 Upon mutual agreement of the parties, the services of a private umpire, arbitrator, 27 the Federal Mediation and Conciliation Service, or the Michigan Employment Relations 28 Commission may be used to resolve grievances at this step. 30 The Arbitrator shall only have the authority to determine compliance with the 31 provisions of this Agreement and remedy violations thereof. The Arbitrator shall not 32 have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the 33 provisions of this Agreement and Civil Service Rules and Regulations. The authority of 34 the Arbitrator shall remain subject to and subordinate to the limitations and restrictions 35 on subject matters and personal jurisdiction in the Civil Service Rules and Regulations.
FOUR. If the Plant Manager's decision is not acceptable, the Union may submit to arbitration, as per Article 10, within ten (10) days, those disputes involving the interpretation, application, or alleged violation of the Collective Agreement. Upon request of the management or the union committee, a shift xxxxxxx may attend at any stage of the grievance procedure provided plant operations are not adversely affected.