Sentences with phrase «arbitration process determines»

Gov. Andrew Cuomo set a May 29 deadline for the city and the union to negotiate a new evaluation system before a binding arbitration process determines any elements that the two sides have been unable to hammer out on their own.

Not exact matches

New York's enactment of long - term pension reform and minor modifications to the binding arbitration process must be the beginning and not the end of the long overdue mandate relief necessary to enable locally - determined restructuring and avoid the pain and shame of municipal bankruptcy.»

10.4 governing the procedure for determining who is liable to pay statutory accident benefits under section 268, including requiring insurers to resolve disputes about liability through an arbitration process established by the regulations and requiring the interim payment of benefits pending the determination of liability;

Before deciding to incorporate arbitration clauses into employment agreements, employers should consider the costs and benefits from multiple angles, from the start of the process to the potential conclusion, to determine whether it is the appropriate strategic choice for the company.

Judicial methods of determining disputes has long been the orthodox method of resolving conflict in western society with dispute resolution processes such as mediation, arbitration and conciliation being labelled as «alternative».

Due to the uncertainty of litigation and arbitration, the claim for which a party is seeking TPF is subjected to a considerable scrutiny process to determine the merits of the claim.

The legal culture of the supervising court plays a critical role in determining how much autonomy the arbitration process should have.

The construction contract contained a three stage dispute resolution process, being: 1) disputes were to be determined by the respondent's supervising engineer; 2) if the dispute was not resolved, it would be referred to adjudication by a sole adjudicator; and 3) if a party did not accept the adjudication, it could refer the dispute to arbitration pursuant to the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which incorporates the Model Law.

Appeals of ethics Hearing Panel decisions based on an alleged procedural deficiency or failure of due process, and procedural review of arbitration hearing procedures shall be determined based on whether the effect of the deficiency was to deny the appellant a fair hearing.

If the Procedural Review Hearing Tribunal determines that the original arbitration hearing process was defective in any significant way, then the Award of Arbitrators will be invalidated and the matter will be referred to a different arbitration Hearing Panel for a new hearing or, alternatively, the Procedural Review Hearing Tribunal may release the parties from their obligation to arbitrate if it concludes that the Board will be unable to impanel an impartial arbitration Hearing Panel.

Federal appellate court reverses lower court, determining that lower court did not properly evaluate a REALTOR ® association's arbitration process.

If the Directors determine that the arbitration request was incorrectly classified, they shall reclassify the request as either «mandatory» or «voluntary» arbitration and refer it to the Professional Standards Administrator for appropriate processing.

Every Board may expect every decision it renders as a result of a grievance or arbitration proceeding to be evaluated by the Courts under the five E's — Equality, Economy, Expedition, Evidence and Equity — to determine if it satisfies due process.