Common use of MEMORANDUM OF UNDERSTANDING RE Clause in Contracts

MEMORANDUM OF UNDERSTANDING RE. ARTICLE V - SECTION 1 – DISPUTES This Memorandum of Understanding is attached to and made a part of the Agreement for Protection of Employees represented by The International Association of Machinists and Aerospace Workers in connection with coordinations. Upon notice in writing served by one party on the other of intent by that party to refer the dispute or controversy to a Public Law Board, each party shall within ten (10) days, select a member or members of the Board; and the members thus chosen shall endeavor to select a neutral member who shall serve as Chairman, in which event the compensation and expenses of the Chairman shall be borne equally by the parties to the proceeding. All other expenses shall be borne by the party incurring them. Should the members designated by the parties be unable to agree upon the appointment of the neutral member within ten (10) days, either party may request the National Mediation Board to appoint the neutral member, whose compensation and expenses shall be paid in accordance with existing laws. All other expenses shall be borne by the party incurring them. If any party fails to select its member of the Board within the prescribed time limit, the representative of such party signatory to this agreement or his designated representative shall be deemed to be the selected member and the committee shall then function and its decision shall have the same force and effect as though all parties had selected their members. The Committee shall meet within fifteen (15) days after selection or appointment of the neutral member and shall render its decision within sixty (60) days thereafter. The decision of the majority of the Board shall be final and binding, except that in any case in which there is an unequal number of carrier and organization members of the Board, the decision of the neutral member shall be final and binding. In the event of any dispute as to whether or not a particular employee was affected by a coordination described in this agreement, it shall be his or the General Chairman’s obligation to identify the coordination and specify the pertinent facts of that coordination relied upon. It shall then be the carrier’s burden to prove that factors other than a described coordination affected the employee.