The unions and municipalities could both agree to
opt out of binding arbitration and seek a resolution from the financial restructuring board instead.
Not exact matches
But the governor is offering local governments and their unions a way to
opt out of what's known as
binding arbitration - which allows the municipality and its union to consult a three member panel when a contract is deadlocked.
I also
opted for the gold satin
binding add - on, which really gave it an extra bit
of sparkly oomph peeking
out from my skirts.
In studying the simple and immensely practical question
of how charter schools handle teacher retirement when state law allows them to
opt out of the state's pension system, Podgursky and Olberg examine just how much rethinking charters are doing when it comes to the familiar, expensive, and
binding routines
of schooling — and what lessons that holds for schools more broadly.
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The principle
of the «
opt -
out» regime is that while people within the class are not parties to the litigation, they remain within the class unless they take positive steps to
opt out, indicating that they do not wish to be
bound by the outcome (whether it is a judgment or settlement).
That artists continue to pursue the process
of working with spaces outside the
bounds of the classic painting — «
opting out of the painting,» as Laszlo Glozer observed about twentieth - century art — shows the explosive force
of this groundbreaking art form.
In the event that a settlement is reached and approved by the Steering Committee, you will be given two weeks notice
of the settlement and an opportunity to
opt out of and not be
bound by the settlement.
If you
opt out, you will not be entitled to share in the proceeds
of any judgment or settlement
of the case, and you will not be
bound by any court order in the action.
The Court's judgment in this matter, whether favourable or not, will
bind all Class Members who do not
opt -
out of the proceeding.
Class members residing in British Columbia must take steps to
opt out of the class if they do not wish to be
bound by the result.
Ontario is an «
opt -
out» jurisdiction, meaning that persons who do not wish to be part
of a certified class proceeding and be
bound by its results must take active steps to
opt out of the proceeding.
However, non-residents must
opt in to participate in the class proceeding, meaning that
out -
of - province class members are not
bound by the result if they do not actively choose to join the case.
Some courts have found that wording in an arbitration clause which says the arbitrator's decision is «final and
binding» is sufficient to
opt out of any right
of appeal.
Since the final judgment will be
binding on all the class members, the notice states that class members have the right to
opt out of the class.
Tyrrell points
out that leading EU legal academics, such as Jacques Ziller, a professor at the European University Institute in Florence, have argued that the UK's
opt -
out from the Charter
of Fundamental Rights is not legally
binding.
The fallacy
of the argument follows from the legal fact that the determination
of the common issues is only
binding on the class members who do not
opt out.
A person who has
opted out is not
bound by the judgment on the common issues, and a person who has
opted out can not claim the benefit
of a judgment against the class action defendant.
Most jurisdictions in Canada have
opt -
out regimes, whereby both resident and non-resident class members must
opt out of the action if they do not want to be
bound by the proceedings.
If you are a land surveyor in Ontario that fits this definition, you are automatically included in the Class and will be
bound by the outcome
of the action unless you choose to
opt -
out by a specified date in the future.
The double
bind occurs when the person can not confront the inherent dilemma, and therefore can not resolve it or
opt out of the situation (Wikipedia).