DECISION OF THE PANEL Sample Clauses

DECISION OF THE PANEL. The decisions of the Panel and Arbitrator are final and binding but not precedent setting. C BACKGROUND TO THE DISPUTE If the grievance procedure has not been followed as outlined in the contract, then the Panel shall dismiss the case or refer it back to the parties. Preliminary objections regarding the qualifications or eligibility of the employee or his grievance to be before the Panel are left to the discretion of the Panel. A preliminary objection to the of a grievance must be provided in writing to the other party prior to the hearing.

DECISION OF THE PANEL. The decisions of the Panel and Arbitrator are final and binding but not precedent setting. C BACKGROUND TO THE DISPUTE

DECISION OF THE PANEL. The deliberation of the panel shall take place in closed session. The Panel shall have the authority to adopt, reject, or modify the reclassification request. Two (2) panel members must agree for a reclassification to be adopted or rejected. If the two panel members cannot agree on a reclassification the issue shall be referred to the monthly District/CSEA employer-employee relations meetings for a final decision. The panel members shall sign the decision. No dissenting opinion shall be issued. The decision of the panel shall be binding and shall be effective on July 1st following the decision. The District will let the unit members know the decision of the panel within ten (10) days.

DECISION OF THE PANEL. The Panel therefore decides, in the case under consideration, that:

DECISION OF THE PANEL. 25. In its electronic message to the parties on 11 October 2005, the Panel indicated that it would simply take note of the amicable settlement of the dispute if the parties reached an agreement. On 19 October 2005, the parties informed the Panel that they had reached a mutually acceptable solution. Nevertheless, ▇▇▇▇▇▇▇ did not withdraw its request for an independent review, as it could have done according to paragraph 11.1 of the Rules of Procedure for the Operation of Independent Reviews under Article 4 of the WTO Agreement on Preshipment Inspection. In an electronic message dated 19 October 2005, ▇▇▇▇▇▇▇ asked that the parties' agreement be endorsed by the Panel and that the latter indicate to each party the action to be taken for the purpose of practical implementation of the Panel's decision. In reply to this message, on 20 October 2005 in an electronic mail, the SGS indicated that it wished to uphold the position taken by the Panel in its communication to the parties dated 11 October. The SGS added that, in its view, the direct conciliation procedure between the parties suggested by the Panel and accepted by Alcatel and the SGS could in no way be confused with the procedure before the Independent Entity, which had been suspended until Wednesday, 19 October. 26. The Panel wishes to reaffirm its communication of 11 October, on the basis of which the parties agreed to seek an amicable settlement. The Panel notes that the parties themselves had specified the elements of their agreement in their exchange of electronic mail on 19 October. In accordance with the indications given to the parties, the Panel takes note of the terms of agreement as set out in the communications from the parties dated 19 October 2005. 27. In particular, the Panel notes the following: (a) The information transmitted to the SGS by ▇▇▇▇▇▇▇ CIT in connection with the amicable settlement procedure initiated on 11 October 2005, according to the SGS, removes the reasonable doubts that previously existed in the opinion of the SGS on the transaction value proposed by Alcatel CIT; (b) consequently, the SGS will accept the values defined contractually between Alcatel and Mauritel Mobiles as the legal basis for its determination of the customs import value; (c) accordingly, the SGS will amend its technical opinion sent to the Mauritanian Customs Administration; (d) the SGS will contact Mauritel Mobiles without delay in order to amend the verification attestations relating to the present pro...