Common use of SETTLEMENT OF DIFFERENCES Clause in Contracts

SETTLEMENT OF DIFFERENCES. Should any differences arise between the parties to this agreement as to its content, meaning, application or violation, there shall be no suspension of work as a result thereof, but an ▇▇▇▇▇▇▇ effort shall be made to settle such difference in the manner hereinafter provided. Where a disagreement has arisen, either party may initiate settlement procedure by notification of the other party, setting forth the details of the difference to be settled. The aggrieved party shall, within 30 teaching days of the event giving rise to the dispute of alleged violation, or within 30 teaching days from the date on which the griever became aware of the event giving rise to the dispute or alleged violation, whichever is later, notify the other party in writing stating the nature and particulars of the dispute and the solution sought. Negotiation of such difference shall commence within ten days of receipt of such notification by either party. Failing satisfactory settlement within 21 days after the initiation of such negotiation, such differences shall be referred promptly to arbitration as follows: (a) Not more than 10 days after the expiration of the 21-day negotiation period, the dispute shall be submitted to a Division of three arbitrators for arbitration. (b) Such Division shall consist of three members, one appointed by the Association, and one appointed by the Division, and two members so selected shall within a further period of 10 days appoint a chairman. In the event that the first two members fail to agree upon the chairman, such appointment shall be made by the Manitoba Labour Division. (c) The Arbitration Division shall commence to hold hearings and make such investigations as are deemed necessary to reach a decision as soon as possible. Such proceedings shall be in accordance with the Labour Relation Act. (d) The expense of the arbitration chair shall be borne equally by the parties to this agreement. Each party shall be responsible for the cost of their nominee. (e) The majority decision of such Arbitration Division shall be binding on both parties to this agreement. (f) Nothing herein shall prohibit the parties from agreeing on a single arbitrator. If the parties so agree, the provisions of this article relating to an Arbitration Division shall apply mutatis mutandis, to the single arbitrator. (g) Except as herein provided, the provision of the Labour Relations Act shall apply.

SETTLEMENT OF DIFFERENCES. Should any differences arise a) Where there is a difference between the parties to to, or persons bound by this agreement as to Agreement, or on whose behalf it was entered into, concerning its content, meaning, application or violation, there shall be no suspension of work as a result thereof, but an ▇▇▇▇▇▇▇ effort shall be made to settle such difference in the manner hereinafter provided. Where a disagreement has arisen, either party may initiate settlement procedure by notification of the other party, setting forth the details of the difference to be settled. The aggrieved party shall, within 30 fifty (50) teaching days of the event giving rise to the dispute of difference or alleged violation, or or, within 30 fifty (50) teaching days from the date on which the griever grievor became aware of the event giving rise to the dispute difference or alleged violation, whichever is later, notify the other party in writing stating the nature and particulars of the dispute difference and the solution sought. Negotiation of such . b) If the difference shall commence is not settled within ten (10) teaching days from the date when the aggrieved party notifies the other party, in writing, of receipt of such notification its desire to have the difference negotiated, the difference shall, upon written request by either party. Failing satisfactory settlement within 21 days after the initiation of such negotiation, such differences shall be referred promptly to arbitration as follows: (a) Not more than 10 days after the expiration of the 21-day negotiation period, the dispute shall party be submitted to a Division of three arbitrators for arbitrationsingle arbitrator as herein prescribed. (bc) Such Division A single arbitrator shall consist of three members, one appointed be selected jointly by the Associationparties whose decision regarding the difference between the two parties or alleged violation, shall be limited to the difference or grievance outlined in the statement or statements submitted by the parties but the decision shall not have the authority to vary, add to, delete from change or disregard any provision of this Agreement. d) In the event that the parties are unable to agree upon a single arbitrator within ten (10) teaching days from the day one party notified the other party of its desire to have the difference submitted to arbitration, each party shall nominate one member ready, willing and able to sit on an arbitration board, and one appointed by the Division, and two members so selected shall shall, within a further period of 10 days appoint ten (10) teaching days, nominate a chairmanchairperson, ready, willing and able to serve in the capacity of chairperson of the Arbitration Board. In the event that of the failure of the first two mentioned members fail of the Board to agree upon the chairman, such appointment selection of a chairperson the matter shall be made referred by them to the Manitoba Labour DivisionBoard who shall choose the chairperson. (c) The Arbitration Division shall commence to hold hearings and make such investigations as are deemed necessary to reach a decision as soon as possible. Such proceedings shall be in accordance with the Labour Relation Act. (d) The expense of the arbitration chair shall be borne equally by the parties to this agreement. Each party shall be responsible for the cost of their nominee. (e) The majority decision costs of such Arbitration Division arbitration shall be binding on shared equally by both parties to this agreementAgreement. (f) Nothing herein shall prohibit the parties from agreeing on a single arbitrator. If the parties so agree, the provisions of this article relating to an Arbitration Division shall apply mutatis mutandis, to the single arbitrator. (g) Except as herein provided, the provision of the Labour Relations Act shall apply.

SETTLEMENT OF DIFFERENCES. Should any differences arise Where there is a difference between the parties to to, or persons bound by this agreement as to Agreement, or on whose behalf it was entered into, concerning its content, meaning, application or violation, there shall be no suspension of work as a result thereof, but an ▇▇▇▇▇▇▇ effort shall be made to settle such difference in the manner hereinafter provided. Where a disagreement has arisen, either party may initiate settlement procedure by notification of the other party, setting forth the details of the difference to be settled. The aggrieved party shall, within 30 fifty (50) teaching days of the event giving rise to the dispute of difference or alleged violation, or or, within 30 fifty (50) teaching days from the date on which the griever became aware of the event giving rise to the dispute difference or alleged violation, whichever is later, notify the other party in writing stating the nature and particulars of the dispute difference and the solution sought. Negotiation of such If the difference shall commence is not settled within ten (10) teaching days from the date when the aggrieved party notifies the other party, in writing, of receipt of such notification its desire to have the difference negotiated, the difference shall, upon Written request by either party. Failing satisfactory settlement within 21 days after the initiation of such negotiation, such differences shall be referred promptly to arbitration as follows: (a) Not more than 10 days after the expiration of the 21-day negotiation period, the dispute shall party be submitted to a Division of three arbitrators for arbitration. (b) Such Division single arbitrator as herein prescribed. A single arbitrator shall consist of three members, one appointed be selected jointly by the Associationparties whose decision regarding the difference between the two parties or alleged violation, and one appointed shall be limited to the difference or grievance outlined in the statement or statements submitted by the Divisionparties but the decision shall not have the authority to vary, and two members so selected shall within a further period add to, delete from change or disregard any provision of 10 days appoint a chairmanthis Agreement. In the event that the parties are unable to agree upon a single arbitrator within ten (10) teaching days from the day one party notified the other party of its desire to have the difference submitted to arbitration, each party shall nominate one member ready, willing and able to sit on an arbitration board, and the two members so selected shall, within a further period of ten (10) teaching days, nominate a chairperson, ready, willing and able to serve in the capacity of chairperson of the Arbitration Board. In the event of the failure of the first two mentioned members fail of the Board to agree upon the chairman, such appointment of a chairperson the matter shall be made referred by them to the Manitoba Labour Division. (c) Board who shall choose the chairperson. The Arbitration Division shall commence to hold hearings and make such investigations as are deemed necessary to reach a decision as soon as possible. Such proceedings costs of arbitration shall be in accordance with the Labour Relation Act. (d) The expense of the arbitration chair shall be borne equally by the parties to this agreement. Each party shall be responsible for the cost of their nominee. (e) The majority decision of such Arbitration Division shall be binding on shared equallyby both parties to this agreementAgreement. (f) Nothing herein shall prohibit the parties from agreeing on a single arbitrator. If the parties so agree, the provisions of this article relating to an Arbitration Division shall apply mutatis mutandis, to the single arbitrator. (g) Except as herein provided, the provision of the Labour Relations Act shall apply.

SETTLEMENT OF DIFFERENCES. Should any differences arise between the parties to this agreement as to its content, meaning, application or violation, there shall be no suspension of work as a result thereof, but an ▇▇▇▇▇▇▇ A reasonable effort shall be made to settle such difference in issues arising from the manner hereinafter providedapplication of this Agreement fairly and promptly through discussion between the parties to avoid the need for formal grievance. Where If applicable, the shall meet with the appropriate Administrator. In the event this process does not resolve the issue, the following grievance procedure shall apply: The Level I Grievance Officer shall be the Vice-president Academic and Chief Learning Officer, or designee. The Faculty Association and a disagreement has arisenFaculty member or group of Faculty members, either party may initiate settlement procedure by notification shall submit to the Vice-president Academic and Chief Learning Officer, a written statement of the other party, setting forth the details of the difference to be settled. The aggrieved party shall, grievance within 30 teaching thirty (30) days of the event date upon which the subject of the grievance occurred, or of the date that the became aware of, or reasonably should have become aware of, the alleged grievance. The grievance must be signed by the Faculty and the Faculty Association representative and shall contain: the summary of the circumstances giving rise to the dispute grievance, the of alleged violationthe Agreement considered violated, and the particulars of the remedy sought. The Level I Grievance Officer shall meet with the the Faculty Association representative, and the Director of Human Resources, or designee within 30 teaching fifteen (15) days from the date on which the griever became aware of receipt of the event giving rise grievance, and shall render a written decision within fifteen (15) days of receipt of the grievance. The Level II Grievance shall be the College President, or designee. The Faculty Association, if not satisfied with the reply at Level I, shall within fifteen (15) days of receipt of that decision, submit the grievance in writing to the dispute College President. The Level II Grievance Officer shall meet with the the Faculty Association representative, and the Director of Human Resources, or alleged violationdesignee, whichever is laterwithin fifteen (15) days of receipt of the grievance, and shall render a written decision within fifteen (15) days of receipt of the grievance. Under no circumstance will the designees for Level II be the same as for Level I for the same grievance. The notice of desire to submit the difference to arbitration must be filed within fifteen (15) days of receipt of the decision at Level II. The notice shall contain a statement of the difference and notify the other party in writing stating of its desire to submit difference to arbitration. The notice shall contain the nature and particulars name of the dispute and first party’s appointee to the solution soughtArbitration Board. Negotiation The recipient of such difference shall commence the notice shall, within ten five (5) days of receipt of such notification by either party. Failing satisfactory settlement within 21 days after notice, inform the initiation of such negotiation, such differences shall be referred promptly to arbitration as follows: (a) Not more than 10 days after the expiration other party of the 21-day negotiation period, name of its appointee to the dispute shall be submitted to a Division of three arbitrators for arbitration. Arbitration Board. The two (b2) Such Division shall consist of three members, one appointed by the Association, and one appointed by the Division, and two members appointees so selected shall shall, within a further period fifteen (15) days of 10 days the second appointment, appoint a chairmanmutually acceptable third person who will serve as the Chairman. In If the event that the first two members (2) appointees fail to agree upon a Chairman, the chairman, such appointment shall be made by the Manitoba Labour Division. (c) The Arbitration Division shall commence to hold hearings Director of Mediation Services, Alberta Human Resources and make such investigations as are deemed necessary to reach a decision as soon as possible. Such proceedings shall be in accordance with Employment upon the Labour Relation Act. (d) The expense application of the arbitration chair shall be borne equally by the parties to this agreement. Each either party shall be responsible for the cost of their nominee. (e) The majority decision of such Arbitration Division shall be binding on both parties to this agreement. (f) Nothing herein shall prohibit the parties from agreeing on a single arbitrator. If the parties so agree, the provisions of this article relating to an Arbitration Division shall apply mutatis mutandis, to the single arbitrator. (g) Except as herein provided, the provision of the Labour Relations Act shall apply.upon three

SETTLEMENT OF DIFFERENCES. Should any differences arise a) Where there is a difference between the parties to to, or persons bound by this agreement as to Agreement, or on whose behalf it was entered into, concerning its content, meaning, application or violation, there shall be no suspension of work as a result thereof, but an ▇▇▇▇▇▇▇ effort shall be made to settle such difference in the manner hereinafter provided. Where a disagreement has arisen, either party may initiate settlement procedure by notification of the other party, setting forth the details of the difference to be settled. The aggrieved party shall, within 30 fifty (50) teaching days of the event giving rise to the dispute of difference or alleged violation, or or, within 30 fifty (50) teaching days from the date on which the griever grievor became aware of the event giving rise to the dispute difference or alleged violation, whichever is later, notify the other party in writing stating the nature and particulars of the dispute difference and the solution sought. Negotiation of such . b) If the difference shall commence is not settled within ten (10) teaching days from the date when the aggrieved party notifies the other party, in writing, of receipt of such notification its desire to have the difference negotiated, the difference shall, upon written request by either party. Failing satisfactory settlement within 21 days after the initiation of such negotiation, such differences shall be referred promptly to arbitration as follows: (a) Not more than 10 days after the expiration of the 21-day negotiation period, the dispute shall party be submitted to a Division of three arbitrators for arbitrationsingle arbitrator as herein prescribed. (bc) Such Division A single arbitrator shall consist of three members, one appointed be selected jointly by the Associationparties whose decision regarding the difference between the two parties or alleged violation, shall be limited to the difference or grievance outlined in the statement or statements submitted by the parties but the decis ion shall not have the authority to vary, add to, delete from change or disregard any provision of this Agreement. d) In the event that the parties are unable to agree upon a single arbitrator within ten (10) teaching days from the day one party notified the other party of its desire to have the difference submitted to arbitration, each party shall nominate one member ready, willing and able to sit on an arbitration board, and one appointed by the Division, and two members so selected shall shall, within a further period of 10 days appoint ten (10) teaching days, nominate a chairmanchairperson, ready, willing and able to serve in the capacity of chairperson of the Arbitration Board. In the event that of the failure of the first two mentioned members fail of the Board to agree upon the chairman, such appointment selection of a chairperson the matter shall be made referred by them to the Manitoba Labour DivisionBoard who shall choose the chairperson. (c) The Arbitration Division shall commence to hold hearings and make such investigations as are deemed necessary to reach a decision as soon as possible. Such proceedings shall be in accordance with the Labour Relation Act. (d) The expense of the arbitration chair shall be borne equally by the parties to this agreement. Each party shall be responsible for the cost of their nominee. (e) The majority decision costs of such Arbitration Division arbitration shall be binding on shared equally by both parties to this agreementAgreement. (f) Nothing herein shall prohibit the parties from agreeing on a single arbitrator. If the parties so agree, the provisions of this article relating to an Arbitration Division shall apply mutatis mutandis, to the single arbitrator. (g) Except as herein provided, the provision of the Labour Relations Act shall apply.

SETTLEMENT OF DIFFERENCES. Should any differences arise between the parties to this agreement as to its content, meaning, application or violation, there shall be no suspension of work as a result thereof, but an ▇▇▇▇▇▇▇ A reasonable effort shall be made to settle such difference in issues arising from the manner hereinafter providedapplication of this Agreement fairly and promptly through discussion between the parties to avoid the need for formal grievance. Where If applicable, the shall meet with the appropriate Administrator. In the event this process does not resolve the issue, the following grievance procedure shall apply. The Level I Grievance Officer shall be the Vice-president, Curriculum and Instruction (or designee). The Faculty Association, and a disagreement has arisenFaculty member or group of Faculty members, either party may initiate settlement procedure by notification shall submit to the Vice-president, Curriculum and Instruction, a written statement of the other party, setting forth the details of the difference to be settled. The aggrieved party shall, grievance within 30 teaching thirty (30) days of the event date upon which the subject of the grievance occurred, or of the date that the became aware of, or reasonably should have become aware of, the alleged grievance. The grievance must be signed by the Faculty and the Faculty Association representative and shall contain: the summary of the circumstances giving rise to the dispute of alleged violation, or within 30 teaching days from grievance; the date on which the griever became aware of the event giving rise Agreement considered violated; and; the particulars of the remedy sought. The Level I Grievance Officer shall meet with the the Faculty Association representative, and the Director of Human Resources (or designee) within fifteen (I5) days of receipt of the grievance, and shall render a written decision within fifteen (15) days of receipt of the grievance. LEVEL The Level Grievance Officer shall be the College President (or designee). The Faculty Association, if not satisfied with the reply at Level shall within fifteen (15) days of receipt of that decision, submit the grievance in writing to the dispute College President. The Level Grievance Officer shall meet with the the Faculty Association representative, and the Director of Human Resources (or alleged violationdesignee) within fifteen (15) days of receipt of the grievance, whichever is later, and shall render a written decision within fifteen (15) days of receipt of the grievance. Under no circumstance will the designees for Level be the same as for Level for the same grievance. LEVEL ARBITRATION The notice of desire to submit the difference to arbitration must be filed within fifteen (15) days of receipt of the decision at Level The notice shall contain a statement of the difference and notify the other party in writing stating of its desire to submit difference to arbitration. The notice shall contain the nature and particulars name of the dispute and first party’s appointee to the solution soughtArbitration Board. Negotiation The recipient of such difference shall commence the notice shall, within ten five (5) days of receipt of such notification by either party. Failing satisfactory settlement within 21 days after notice, inform the initiation of such negotiation, such differences shall be referred promptly to arbitration as follows: (a) Not more than 10 days after the expiration other party of the 21-day negotiation period, name of its appointee to the dispute shall be submitted to a Division of three arbitrators for arbitration. (b) Such Division shall consist of three members, one appointed by the Association, and one appointed by the Division, and Arbitration Board. The two members appointees so selected shall shall, within a further period fifteen (15) days of 10 days the second appointment, appoint a chairmanmutually acceptable third person who will serve as the Chairman. In If the event that the first two members appointees fail to agree upon a Chairman, the chairman, such appointment shall be made by the Manitoba Labour Division. Director of Mediation Services, Alberta Human Resources and Employment upon the application of either party upon three (c3) The clear days’ notice to the other. After the Arbitration Division Board has been duly formed, it shall commence to hold hearings and make such investigations as are deemed necessary to reach a decision meet as soon as possiblepossible after the appointment of the Chairman and hear such evidence as the parties may desire to assure a full and fair hearing and shall render its decision in writing to the parties as quickly as possible after the completion of the hearing. Such proceedings The decision of the majority is the award of the Arbitration Board and is final and binding upon the parties and any persons bound by this Agreement. If there is no majority, the decision of the Chairman governs and shall be deemed to be the award of the Arbitration Board. The Arbitration Board has the authority to: request the attendance of any witness it deems necessary; keep a record of the proceedings; request access to any documents or other materials relating to the dispute; correct any typographical error or omission in accordance the Agreement or any previous award; make such other directive, varying the penalty as it considers fair and reasonable having regard to the terms of this Agreement. Each party to the difference shall bear the expense of its respective appointee to the Arbitration Board, and the two parties shall bear equally the expenses of the Chairman. The Arbitration Board, by its decision, shall not alter, amend, or change the terms of this Agreement nor shall it render a decision inconsistent with the Labour Relation Act. (d) The expense terms of this Agreement. Where a Faculty member has been dismissed, the Arbitration Board may direct the Board to reinstate the Faculty member and pay to him a sum equal to his salary loss by reason of his suspension or dismissal or such lesser sum as, in the opinion of the arbitration chair Arbitration Board, is fair and reasonable. During the fifteen day period in Level to refer a grievance to Level either the Board or the Faculty Association may recommend in writing that they wish to refer the grievance to mediation according to the following procedure. The party to whom the notice is given has seven (7) days to accept or reject the recommendations. Grievances will be referred to mediation only if both parties so agree. The two parties will exchange lists of potential mediators. Failing to reach an agreement within seven (7) days, they shall jointly request the Director of Mediation Services, Alberta Human Resources and Employment to appoint a Mediator. Upon the appointment of a Mediator, the Director of Mediation Services shall notify the Board and the Faculty Association accordingly. The parties agree to share equally the fees and expenses of the Mediator unless the parties and Mediator otherwise agree. The Mediator shall, in such manner as he sees fit, without delay, enquire into the dispute and endeavor to resolve it by: hearing representations from the parties; mediating between the parties; encouraging the parties to resolve the grievance. The Mediator will provide the parties with a report outlining the basis of settlement. The Mediator’s recommended settlement shall be borne equally without prejudice. The mediation process shall conclude with one of the following options: settlement of the grievance according to terms agreed by the parties to this agreement. Each party shall during the mediation process; a determination by the mediator that a settlement cannot be responsible for the cost of their nominee. (e) The majority decision of such Arbitration Division shall reached, and that issuing a recommendation would not be binding on both parties to this agreement. (f) Nothing herein shall prohibit the parties from agreeing on a single arbitratorappropriate. If the parties so agreeno settlement is reached at mediation, the provisions of this article relating fifteen (15) days to an Arbitration Division shall apply mutatis mutandis, refer a grievance to Level will commence from the single arbitratordate the mediation is concluded. (g) Except as herein provided, the provision of the Labour Relations Act shall apply.