Common use of Interpretation Ruling Clause in Contracts

Interpretation Ruling. Either Party may within fifteen days notice to the other, request the Arbitrator to make an interpretation ruling on any question involving an interpretation of any terms of this Collective Agreement. It is agreed that such an interpretation ruling will only be initiated as a result of one of the Parties disagreeing with the actions or stated intended actions of the other Party. In such instances, the Arbitrator shall invite the Parties to make submissions in support of their respective interpretations at a hearing to be held for the purpose, and shall render a ruling within thirty (30) days of the conclusion of the hearing. Such a ruling shall be final and binding upon the Parties and shall not be subject to reconsideration. Where the Company enacts discipline upon an Officer such record of discipline may only be referred to by the Company for a four (4) year period subsequent to the date the discipline is enacted, providing there has not been any further discipline enacted upon the Officer within this four (4) year period. Excepted from this are suspensions. October I, For the purpose of this Article, there shall be two (2) kinds of seniority: a) Service Seniority Being length of service with the Company as an Officer. Category Seniority Being length of service with the Company in a specified category of Officer, Master, Mate, Chief Engineer and Second An Officer shall acquire seniority as of his date of employment with the Company as an Officer provided he has completed six (6) months continuous employment as an Officer. The Company will provide the Guild with separate lists setting out both kinds of seniority. These lists shall include length of service in the above named categories and total service as an Officer. A revised seniority list to be posted on vessels by March of each year. A new seniority list shall be final if not disputed within four (4) months of it being posted. All Officers shall, on request, be provided with a letter confirming their posted vessel or class of vessel. Any changes will be in accordance with the provisions of this Article. Where posting is to class the Officer's customary vessel will be identified. To ensure that seniority acquisition in specific categories is duly recognized, and that any and all category seniority acquired, albeit in an infrequent or non-posted fashion will be recognized, the following will prevail; in the instance an Officer relieves as a Master or Chief Engineer and is listed on the Mates or Second (2") Engineer's seniority list, any documented time served in the higher capacity shall be recognized upon permanent promotion to such a higher capacity.

Interpretation Ruling. Either Party may within fifteen (15) days notice to the other, request the Arbitrator to make an interpretation ruling on any question involving an interpretation of any terms of this Collective Agreement. It is agreed that such an interpretation ruling will only be initiated as a result of one of the Parties disagreeing with the actions or stated intended actions of the other Party. In such instances, the Arbitrator shall invite the Parties to make submissions in support of their respective interpretations at a hearing to be held for the purpose, and shall render a ruling within thirty (30) days of the conclusion of the hearing. Such a ruling shall be final and binding upon the Parties and shall not be subject to reconsideration. Where the Company enacts discipline upon an Officer Officer, such record of discipline may only be referred to by the Company for a four three (4) year 3)year period subsequent to the date the discipline is enacted, providing there has not been any further discipline enacted upon the Officer within this four three (43) year period. Excepted from this are suspensions. October I, For the purpose of this Article, there shall be two (2) kinds of seniority: a) Service Seniority Being length Category Seniority a) In cases of layoff or recall, service seniority shall be the determining factor providing that an Officer's qualifications, experience and ability are sufficientto do the job. Layday positions will not affect the layoff sequence. Re-alignment of positions due to layoff, or vessels permanently taken out of service with shall be in accordancewith the Company as sequence set out below, provided that an Officer's qualifications, experience and ability are sufficient to do the job. Category Seniority Being length of service with the Company in a specified category of Officer, Master, Mate, Chief Engineer and Second An Officer shall acquire seniority as of his date of employment with the Company as Where an Officer provided who has positive is subject to layoff pursuant to Subsection (a) above, he has completed six (6) months continuous employment shall be entitled at his election to continue on the Company's payroll as an Officerfollows: His leave will be run out. The Company will provide He shall have the Guild with separate lists setting out both kinds option of senioritybanking his annual vacation or cashing it out. These lists shall include length of service in the above named categories and total service as an Officer. A revised seniority list Overtime converted leave to be posted on vessels by March of each year. A new seniority list shall be final if not disputed within four (4) months of it being posted. All Officers shall, on request, be provided with a letter confirming their posted vessel banked or class of vessel. Any changes will be in accordance with the provisions of this Article. Where posting is to class cashed out at the Officer's customary vessel will be identifieddiscretion. To ensure that seniority acquisition in specific categories is duly recognized, and that any and all category seniority acquired, albeit in an infrequent or non-posted fashion will be recognized, the following will prevail; in the instance an Officer relieves as a Master or Chief Engineer and is listed on the Mates or Second (2") Engineer's seniority list, any documented time served in the higher capacity Benefit Plan premiums shall be recognized upon permanent promotion to such a higher capacitymaintained (Article Pension Plan contributionsshall be maintained (Article (a)).