Resolution of Differences Clause Samples
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Resolution of Differences. Cadbury shall provide DPSG with all information reasonably necessary to review the calculation of the Final Pension Transfer Amount in all material respects and to verify that such calculations have been performed in a manner consistent with the terms of this Agreement. The determination of the Final Pension Transfer Amount by the Cadbury Actuary shall be final, conclusive and binding for all purposes under this Agreement, unless DPSG provides to Cadbury, within thirty (30) days after receipt of the Pension Statement, a written objection prepared by an enrolled actuary retained by DPSG setting forth in detail a reasonable basis for the conclusion that the Final Pension Transfer Amount set forth in the Pension Statement is understated by an amount in excess of 5%. Upon receipt of such objection, Cadbury and DPSG shall make a good faith attempt to resolve their dispute as to the Final Pension Transfer Amount. Should such dispute remain unresolved for more than thirty (30) days, Cadbury and DPSG shall promptly select and appoint a third enrolled actuary who is mutually satisfactory to both Parties. The third actuary shall recalculate the Final Pension Transfer Amount and if such recalculated amount exceeds the Final Pension Transfer Amount set forth in the Pension Statement by more than 5%, then such recalculated amount shall serve as the Final Pension Transfer Amount for all purposes under this Agreement. If such recalculated amount does not exceed the Final Pension Transfer Amount set forth in the Pension Statement by more than 5%, then for all purposes under this Agreement the Final Pension Transfer Amount shall be the Final Pension Transfer Amount as set forth in the Pension Statement. The recalculation of such third party actuary shall be completed within thirty (30) days of the retention of such third party actuary and shall be conclusive as to any dispute with respect to the Final Pension Transfer Amount, except as set forth in Section 5.05 below. The cost of such third party actuary shall be divided equally between Cadbury and DPSG. Each Party shall be responsible for the cost of its own actuary.
Resolution of Differences. Differences between the Employer and the Union as to the interpretation or application of the provisions of the Trust Agreement relating to employee benefits shall not be subject to the grievance or arbitration procedure established in any collective bargaining agreement. All such differences shall be resolved in the manner specified in the Trust Agreement.
Resolution of Differences. Upon receiving notice of the changes, an attempt shall be made at the national level to resolve any questions as to the impact of the proposed change upon affected employees and if such questions are not resolved within a reasonable time after such change or changes are operational, the unresolved questions may be submitted by the Union to arbitration under the grievance-arbitration procedure. Any arbitration arising under this Article will be given priority in scheduling.
Resolution of Differences. The following procedure shall be used for the resolution of differences referred to in 7.01 other than for the dismissal of employees.
Stage 1 An employee with a difference shall discuss it with the employee's immediate supervisor. If a settlement is not reached, the employee shall advise the Union ▇▇▇▇▇▇▇ of the difference and write down the details of the grievance on the prescribed form. The grievance form shall be submitted to the grievor's immediate supervisor within 21 calendar days of the date on which the employee first became aware of the difference. The parties within the Employer's operation shall make every reasonable effort to resolve the difference. If a settlement is not reached, then the grieving party may advance the grievance by notifying the other party in writing within 14 calendar days from the date the grievance was submitted.
Resolution of Differences. 6.1 The parties accept that differences are a natural occurrence and that a constructive approach to seeking solutions will be taken at all times. The object of this clause is to encourage the committee to work cooperatively to resolve any differences and share in the responsibility for quality outcomes.
6.2 Any matter that cannot be resolved will be referred by the committee to a mutually agreed third party who will help facilitate an agreement between the parties. Failing identification of a mutually acceptable third party, the matter shall be referred to the Mediation Service of the Department of Labour (or its successors) to appoint someone.
6.3 In the event that the parties cannot reach an agreed solution and unless the parties agree otherwise, after no less than two facilitation meetings, the third party will, after considering relevant evidence and submissions, provide a written but non-binding recommendation to the parties.
6.4 Nothing in this agreement shall have the effect of restricting either party’s right to access statutory resolution processes and forums such the Employment Relations Authority or the Employment Court or seek other lawful remedies. The following projects were included in the previous collective agreement:
Resolution of Differences. Differences between the Employer and the Union as to the interpretation or application of the provisions of the Trust Agreement providing for the establishment and maintenance of the Southern California Drug Benefit Fund and the Declaration of Trust providing for establishment and maintenance of the Southern California UFCW and Drug Employers Pension Fund, relating to employee benefits, shall not be subject to the grievance or arbitration procedure established in this Agreement or any Collective Bargaining Agreement. All such differences shall be resolved in the manner specified in the applicable Trust Agreement.
Resolution of Differences. The following procedure shall be used for the resolution of dif- ferences referred to in 7.01 other than for the dismissal of employees.
Stage 1 An employee with a difference shall discuss it with the employ- ee’s immediate supervisor. If a settlement is not reached, the employee shall advise the Union ▇▇▇▇▇▇▇ of the difference and write down the details of the grievance on the prescribed form. The grievance form shall be submitted to the grievor’s immediate supervisor within 21 calendar days of the date on which the employee first became aware of the difference.
Stage 2 The parties within the employer’s operation shall make every reasonable effort to resolve the difference. If a settlement is not reached, then the grieving party may advance the grievance by notifying the other party in writing within 14 calendar days from the date the grievance was submitted.
Stage 3 The parties, the Union’s designate and HEABC, shall make every reasonable effort to resolve the difference. Failing settle- ment, the Union, the Employer, or HEABC may refer the matter to arbitration within 28 calendar days of the difference being advanced to Stage 3.
Resolution of Differences. The following procedure will be used for the resolution of differences referred to in Article 3.01. Within fourteen (14) calendar days of the occurrence of the difference; or within fourteen
Resolution of Differences. The Federation and the Board agree that differences between the parties shall be settled by peaceful means as provided within this Agreement. The Federation in consideration of the value of this agreement and its terms and conditions will not engage in, instigate or condone any strike, work stoppage or any concerted refusal to perform work duties on the part of any employee covered by this Agreement for the duration of this Agreement.
Resolution of Differences. The resolution of differences concerning interpretation, application, or administration of terms and conditions of employment, as provided in this MOU, shall be attempted at the lowest Supervisory level possible. However, it is understood that the MMG may file a "Notice of Disagreement" on behalf of one (1) or more employees and by mutual agreement between the parties. Such notice of disagreement may be filed with the AGM or GM instead of the Supervisor. Employees will bring to the attention of their Supervisors or Human Resources, in a timely manner those situations in which the employee feels a misunderstanding exists. In order for a misunderstanding or difference to be considered and addressed in a timely manner, it shall be brought to the Supervisor’s or Human Resources attention within thirty calendar days following the act or occurrence upon which the alleged misunderstanding or difference is based. In such cases, the employee shall be allowed to have one of the representatives of the MMG present and participate, if requested, in order to assist in accurately presenting the circumstances under consideration. If the matter cannot be settled at the Supervisor's level, the employee or the MMG may appeal to the DH for action. If the situation was not satisfactorily resolved in the meeting with the Supervisor and/or DH, the MMG may file a written “Notice of Disagreement” (on the form shown in Exhibit “B”) with the AGM or the GM, depending on the Department in which the situation arises, requesting a meeting within three (3) working days to review the situation and attempt to arrive at a solution. The employee may be represented at this meeting by a representative of the MMG. If either side intends to be represented by an attorney in any grievance meeting, it will give the other party as much advance notice as possible and, if necessary, the meeting will be postponed for a reasonable amount of time in order to allow such party to arrange for its own Representative to be present. No grievance settlement shall be precedent setting except for settlements reached between the GM and the MMG, which expressly state that the settlements are intended to be precedent‐setting. If either party to the dispute wishes to pursue the matter further, it shall notify the other party, call the State of California Conciliation Service, and request the services of a State Mediator. Such a mediator shall mediate the dispute according to the State Conciliation rules governing med...