Common use of Committee members and operating rules Clause in Contracts

Committee members and operating rules. 1) The committee shall be composed of 3 members designated by the representative associations and the ACQ. Each negotiating party draws up a list of persons able to sit on the committee. The lists are published in Schedule V of this collective agreement. The negotiating parties respectively shall convey to the Secretary General of the Commission the names of the committee members within 2 working days following receipt of the copy of the declaration regarding the creation of a committee as specified in the second step of Article 5.02 hereof. Majority composition of the committee shall be established on an alternating basis between the employers and unions, i.e., 2 members named by the ACQ and 1 person named by the representative associations and vice versa for the subsequent committee. 2) Within 2 days of receiving the names of the committee members, the Secretary General of the Commission shall convey to each of the representative associations, the ACQ, the employer and the members a notice specifying the date, time and location of the hearing as well as the reason for the dispute. The hearing may be held in the regional office of the Commission closest to the job site where the dispute arose or at any other location agreed to by the parties. 3) Decisions by the members are made on a majority basis and shall be based on the definitions of trades and occupations as provided in the Regulation respecting the vocational training and qualification of manpower in the construction industry and the collective agreement. The committee shall use the same reference documents as the Tribunal administratif du travail and shall take into account the potential impact on work organization efficiency when making its decisions (Section 24 of Act R-20). 4) An assignment decision shall be made in writing and contain a summary of the arguments by each of the parties that participated in the hearing. The decision shall be in compliance with the framework agreed to by the representative associations and the ACQ. To have the validity of a decision by the committee, any agreement reached at the mediation step shall be made in writing. The assignment decision or mediation agreement shall be conveyed to the Secretary General of the Commission, the representative associations and the ACQ. 5) Any expenses and disbursements arising from the committee’s activities shall be assumed by the Commission. 6) No legal action may be taken against the members of the trade dispute settlement committee when acting in this capacity. 7) In order to ensure effective labour relations management, the parties hereby recognize that a dispute that has been ruled on by a trade dispute settlement committee should not be resubmitted to a trade dispute settlement committee when it involves the same dispute. 6.01 Compulsory membership in representative association: