Common use of Joint Arbitration Board Clause in Contracts

Joint Arbitration Board. The Contractor, bound to this Section, agrees that the Joint Arbitration Board constituted between District Council No 16 and California Landscape and Irrigation Council, Inc. will be the Joint Arbitration Board with the full authority and jurisdiction to settle dispute and/or grievances and that such Board and or its Subcommittee, shall have the following powers and duties: D.4.7.1 Full authority to process all grievances, disputes, violations and/or other items as spelled out by the Agreement as being under their jurisdiction and any decision rendered by such Board shall be final and binding on both Employer and Union. D.4.7.2 To supervise and control the operation of the job referral system for all Contractors under agreement with the Union. D.4.7.3 To promulgate any and all rules and regulations from time to time that it deems advisable for the operation of the exclusive job referral plan, and to assess damages and/or penalties against Contractors, Local Unions and/or workmen for violation of this Agreement. D.4.7.4 To supervise the posting by the parties of all rules and regulations relating to the functioning of the referral plan at the Union Dispatch Office and at the Contractor’s Office and job site. D.4.7.5 To hear and determine any and all disputes or grievances arising out of the operation of the job referral system including, but not limited to, grievances arising out of work registrations, work referrals and preparation of the referral registration list. Any applicant or registrant shall have a right of appeal of any dispute or grievance arising out of and relating to the operation or functioning of the job referral plan to the Joint Arbitration Board. If any question arises as to the qualifications and competence of an applicant, the Joint Arbitration Board shall make the determination. Such determination shall be fair and impartial, without regard to applicant’s membership or nonmembership in the Union and shall be final and binding on both parties. D.4.7.6 To inspect at all times any of the books, records, procedures or operations of any Hiring ▇▇▇▇ operated for the procurement of men under the terms of the Agreement. To see that the operation of the Hiring Hall is conducted according to the rules and regulations adopted for such Hall. Any Hiring Hall, denying such rights to the Joint Arbitration Board, shall be subject to immediate suspension of the privilege of dispatching personnel to Employers, and Employers shall be denied the right to procure personnel from such Hiring Hall. During such time as a Hiring Hall is under suspension and until such time as the Joint Arbitration Board clears the Hall of discriminatory practices and approves the necessary methods of correction, the Employers shall procure all Employees from the other approved Hiring Halls covered under the terms of this Agreement. The Employers shall immediately be subject to the reuse of such a Hall on clearance by the Joint Arbitration Board. Prior to action being taken as outlined, the United Association General Offices shall be notified of the violations and given a ten (10) day notice to arrange for inspection of the records and procedure. D.4.7.7 Upon receipt of complaint filed pursuant to the provisions of Paragraph

Joint Arbitration Board. The Contractor, bound to this Section, agrees that the Joint Arbitration Board constituted between District Council No 16 and California Landscape and Irrigation Council, Inc. will be the Joint Arbitration Board with the full authority and jurisdiction to settle dispute and/or grievances and that such Board and or its Subcommittee, shall have the following powers and duties: D.4.7.1 Full authority to process all grievances, disputes, violations and/or other items as spelled out by the Agreement as being under their jurisdiction and any decision rendered by such Board shall be final and binding on both Employer and Union. D.4.7.2 To supervise and control the operation of the job referral system for all Contractors under agreement with the Union. D.4.7.3 To promulgate any and all rules and regulations from time to time that it deems advisable for the operation of the exclusive job referral plan, and to assess damages and/or penalties against Contractors, Local Unions and/or workmen for violation of this Agreement. D.4.7.4 To supervise the posting by the parties of all rules and regulations relating to the functioning of the referral plan at the Union Dispatch Office and at the Contractor’s Office and job site. D.4.7.5 To hear and determine any and all disputes or grievances arising out of the operation of the job referral system including, but not limited to, grievances arising out of work registrations, work referrals and preparation of the referral registration listSECTION 1. Any applicant or registrant shall have a right of appeal of any dispute or grievance arising out of and relating to the operation or functioning of the job referral plan to the Joint Arbitration Board. If any question arises as to the qualifications and competence of an applicant, the A Joint Arbitration Board shall make the determination. Such determination shall be fair and impartial, without regard established consisting of three (3) representatives from each party to applicant’s membership or nonmembership in the Union and shall be final and binding on both partiesthis agreement. D.4.7.6 To inspect at all times any SECTION 2. The Board shall meet upon forty-eight (48) hours written notice given to the other by either of the books, records, procedures or operations of any Hiring ▇▇▇▇ operated for the procurement of men under the terms of the Agreementparties hereto. SECTION 3. To see that the operation of the Hiring Hall is conducted according to the rules and regulations adopted for such Hall. Any Hiring Hall, denying such rights to the Joint Arbitration Board, shall be subject to immediate suspension of the privilege of dispatching personnel to Employers, and Employers shall be denied the right to procure personnel from such Hiring Hall. During such time as a Hiring Hall is under suspension and until such time as the The Joint Arbitration Board clears the Hall of discriminatory practices shall have jurisdiction to conduct bargaining negotiations, settle all disputes and approves the necessary methods of correction, the grievances that might arise between Employers shall procure all and Employees from the other approved Hiring Halls covered under and carry out the terms of this Agreement. The Employers Board shall immediately be the arbitration vehicle and shall have full power to enforce this Agreement and enforce working rules for the parties subject to this agreement. It shall have power to impose such penalties from time to time as it may deem necessary. It shall have the reuse right to summon any individual subject to this Agreement as principal or witness to a dispute, such summons to be served through the Chairman or Secretary of the Joint Arbitration Board in a manner to be prescribed by the Board. SECTION 4. Disputes or grievances (except wages) arising out of interpretation or application of this Agreement may be arbitrated and complainant shall have the right to dismiss a grievance and not insist on arbitration if so desired. The decision of the Board with respect thereto shall be final and binding on SECTION 5. Nothing contained herein shall prevent any Employer from dealing directly with his Employee with respect to any grievance or dispute. The Union or MCA may voluntarily contact the Federal Mediation & Conciliation Service for resolution prior to a dispute notification being filed to the Joint Arbitration Board. FMCS language will remain in effect until the expiration of the 2018 CBA. To remain in effect after the 2018 expiration it must be mutually agreed upon by both parties. SECTION 6. There shall be no compensation for services rendered by members of this Board. Each party shall bear his own expense of any grievance or arbitration proceeding. SECTION 7. If local facilities to settle disputes over wages, hours or working conditions have failed to reach a settlement, both parties agree to submit the disputes to the Industrial Relations Council for the Plumbing and Pipefitting Industry, and further agree that all terms and conditions of this agreement shall continue in full force and effect pending the final decision by the Industrial Relations Council. SECTION 8. The Joint Arbitration Board shall be authorized by majority vote to declare an emergency holiday. The Board shall further be authorized to prescribe such rules and regulations that may be necessary in declaring said holiday. SECTION 9. In the event a Hall on clearance Building Trades Agreement is consummated by the Tri-City Building and Construction Trades Council and after approval of said Agreement by the Joint Arbitration Board, it shall become part of this agreement. SECTION 10. Prior Nothing in this Article shall be construed to action being taken infringe on any individual’s right to refuse to cross a lawful picket line. It is further agreed that the Local Union is not responsible for the actions of its individual members. SECTION 11. The Business Manager, or his designee, shall have the right to unilaterally amend the Apprentice/Journeyman Assistant/Employee ratios, scope of work, ▇▇▇▇▇▇▇ ratios, shift schedule requirements as outlinedproposed in this Agreement, to waive Article XXXIII, Section O, with the exception of work that is within the historical, traditional and/or claimed jurisdiction of the United Association General Offices shall be notified of Plumbers and Pipefitters and Local 25, to administer the violations and given Job Subsidy Fund, to provide signatory employers an opportunity to compete on a ten site specific (10per job) day notice basis against open shop competition and/or “in plant” competition. The Union representative will respond to arrange for inspection of a request from a signatory employer within two (2) working days from the records and procedure. D.4.7.7 Upon receipt of complaint filed such request. Any action taken by the Business Manager pursuant to the provisions this Section shall not be considered or interpreted to be a violation of ParagraphArticle XXXV, Section 2 of this Agreement.