DISPUTE PREVENTION AND RESOLUTION Clause Samples
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DISPUTE PREVENTION AND RESOLUTION. 3.1. The dispute prevention and resolution program shall consist of three components: Program Representative (Ombudsman) Mediation Arbitration. This program shall be used in place of the filing of an application with the WCAB. Any claim subject to this Addendum filed with the WCAB for resolution will immediately be removed and placed within the program established by this Addendum. This program is the sole means of dispute resolution and no dispute shall proceed to the California Workers’ Compensation Appeals Board until it has completed the processes defined and established by this Addendum.
3.2. The ADR process may be utilized for cases involving cumulative trauma provided that at least one of the employers is a participant in this agreement. The insurance carriers of previous employers may elect to participate in the ADR process provided they agree to be bound by the decision reached through the Mediation/Arbitration portion of this Agreement. When the ADR process is not utilized the cumulative trauma case will be handled through the current statutory process.
3.3. The Trustees shall provide for the preparation of explanatory material, which will be distributed to all current and newly hired employees employed by an employer subject to this Addendum, either before or after injury, or both. The material shall contain an explanation of the program and the rights and responsibilities of the respective parties and of the program representative, mediator and arbitrator. The material shall also contain an explanation of the employee’s rights to pre-designate his or her physician along with a pre- printed form to pre-designate a physician should the employee desire to do so.
3.4. The Trustees shall select at least one individual to serve as program representative, at least one individual to serve as mediator and at least one person to serve as arbitrator. Each individual shall be selected from a list of at least 5 candidates submitted by the Union, and may be discharged/removed at will by vote of the Trustees.
3.5. Program representatives, mediators and arbitrators shall be paid by the Trust Fund. The Trustees shall by rule establish a schedule for assessing participating insurance carriers and self-insurers the costs of operating the dispute prevention and dispute resolution program and other administrative costs of the program.
3.6. Subject to rules adopted by the Trustees, the program representative shall as soon as is practicable contact by telephone each ...
DISPUTE PREVENTION AND RESOLUTION. 8.1 If a dispute relates to:
(a) a matter arising under the agreement; or
(b) the National Employment Standards; this term sets out procedures to settle the dispute.
8.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
8.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
8.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission.
8.5 The Fair Work Commission may deal with the dispute in 2 stages:
(a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
DISPUTE PREVENTION AND RESOLUTION a. The parties to this Agreement will ensure that employees have access to fair and effective grievance, conflict and dispute resolution processes. Issues that cannot be resolved informally and promptly at the local level will be addressed via the following process:
i. where appropriate, the employee will first seek to discuss the matter with their manager and can be represented by a person of their choice or a representative of the Association
ii. if the issue remains unresolved, or is of a confidential nature, the employee can discuss the issue with an HR representative or the Chief Executive Officer
iii. if the issue remains unresolved, it will be referred to a mutually agreed independent third party for mediation
iv. if internal processes have been exhausted and the issue remains unresolved, either party can refer the matter to the NSW Industrial Relations Commission for resolution.
DISPUTE PREVENTION AND RESOLUTION a) The dispute prevention and resolution program will consist of three components: Program Representative
b) This program shall be used in place of and to the exclusion of the New York State Workers’ Compensation Board (WCB) conciliation, he/shearing and review processes. Any request made to the WCB for conciliation, he/shearing or review of any claim subject to this Agreement will immediately be referred by the WCB to the program established by this Agreement.
c) The Program Representative, mediator(s) and the arbitrator(s) will be selected through negotiation among the parties to this Agreement and will be paid by the Employer, except that the costs for those employers insured by the Prime Carrier will be paid by the Prime Carrier. All individuals considered for mediator or arbitrator shall disclose to the Joint Labor-Management Oversight Committee any current or previous employment or affiliation by the Prime Carrier or any other carrier participating in this Agreement.
d) An employee covered by this Agreement who believes that he/she is not receiving workers’ compensation benefits to which he/she is entitled, including medical and hospital services, shall notify the Program Representative. If the issue cannot be resolved to the satisfaction of the employee within five (5) working days, the employee may apply for mediation. The parties may extend the five (5) working day period by mutual agreement. No issue will proceed to mediation without first being presented to the Program Representative. The response of the Program Representative to the employee shall be explained in terms, which are readily understandable, by the employee. The Program Representative will maintain a log recording all activity, including the date of each notification and the date of each response.
e) Application for mediation shall be made not more than sixty (60) calendar days after the Program Representative has responded to the employee’s notification. Any application for mediation shall immediately be assigned to a mediator selected under this Agreement. The mediator will contact the parties to the dispute, including the Employer insurance carrier, and take whatever steps the mediator deems reasonable to bring the dispute to an agreed conclusion. The Joint Labor-Management Oversight Committee will determine the rules by which mediations are conducted.
f) Mediation shall be completed in not more than fourteen (14) calendar days from the date of referral, except that in no event s...
DISPUTE PREVENTION AND RESOLUTION. 10.1 If a dispute relates to a matter under the Agreement; or the National Employment Standards, the parties to the dispute must first attempt to resolve the matter at the workplace level by discussions between the employee or employees concerned and the relevant supervisor/manager.
10.2 If a resolution to the dispute has not been achieved after discussions have been held in accordance with clause 10.1, the parties to the dispute will endeavour to resolve the dispute in a timely manner either through discussions with more senior levels of management where appropriate or through alternative dispute resolution methods.
10.3 If discussions at the workplace level do not resolve the dispute, and all appropriate steps have been taken in accordance with clauses 10.1 and 10.2, a party to the dispute may refer the matter to Fair Work Australia.
10.4 Fair Work Australia may deal with the dispute in two stages:
(a) Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(b) if Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties. I N D I V I D U A L F L E X I B I L I T Y A R A N G E M E N T A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.
10.5 The ANAO or an employee who is a party to the dispute may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
10.6 Resolution of disputes is to occur in good faith by following the same principles as the good faith bargaining requirements at section 228 of the FW Act.
10.7 While the parties are trying to resolve the dispute using the procedures in this clause:
(a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
(b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable occupation and health and safety legislation would not permit the work to be performed; or
(iii) the work is not appropriate...
DISPUTE PREVENTION AND RESOLUTION. Dispute prevention and resolution If a dispute relates to: a matter arising under this Agreement; or the National Employment Standards, this clause 68 sets out procedures to settle the dispute. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause 68. In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level by taking each of the following steps:
DISPUTE PREVENTION AND RESOLUTION. 35.1 The procedure for the handling of grievances or disputes concerning matters arising from the content of this Agreement shall be:
(a) The employee(s) concerned shall notify their immediate Manager of the grievance as the first step. The Manager will confer with the employee(s) concerned to seek a resolution.
(b) If the matter is unresolved it shall be referred to the Regional Manager for further discussion, or reference to other senior management.
(c) Reasonable time limits must be allowed for each stage of discussion.
(d) If the matter cannot be resolved by discussion between the parties in a reasonable time, it may be resolved in one of the following ways:
(i) By joint agreement of the Company and the employee(s) concerned the dispute may be referred to an independent arbitrator for resolution or conciliation in a method agreed by the Company and the employee(s) concerned, or if there is no agreement,
(ii) The dispute may be referred to the NSW Industrial Relations Commission for conciliation in accordance with the powers assigned to it under the Industrial Relations ▇▇▇ ▇▇▇▇.
(e) Either party may seek representation at their own cost from an external source after step 35.1 (a) has been completed.
DISPUTE PREVENTION AND RESOLUTION. The procedure for the handling of grievances or disputes concerning matters arising from the content of this Agreement shall be:
34.1 The employee(s) concerned shall notify their immediate Manager of the grievance as the first step. The Manager will confer with the employee(s) concerned to seek a resolution, with a response provided as an answer or advice that further time is required.
34.2 If the matter is unresolved it shall be referred to the Branch Manager for further discussion, or reference to other senior management.
34.3 Reasonable time limits must be allowed for each stage of discussion.
34.4 If the matter cannot be resolved by discussion between the parties in a reasonable time, the dispute may be referred to the NSW Industrial Relations Commission for conciliation in accordance with the powers assigned to it under the Industrial Relations Act 1996.
34.5 The employee may seek representation from an Industrial Organisation for Employees and the Company may seek representation from an Industrial Organisation for Employers, after step 33.1 has been completed.
34.6 Work shall continue as normal with the status quo remaining during all stages of the dispute resolution procedure, and the rights and obligations of the company and the persons bound by the Agreement shall not be diminished.
DISPUTE PREVENTION AND RESOLUTION