LEGAL STRATEGIES TO MANAGE THE SUPPLY CHAIN RISK OF UNANTICIPATED MATERIALS PRICE INCREASES
|
|
- Edwina Gilbert
- 6 years ago
- Views:
Transcription
1 LEGAL STRATEGIES TO MANAGE THE SUPPLY CHAIN RISK OF UNANTICIPATED MATERIALS PRICE INCREASES William R. Jansen Fredric A. Smith Thomas J. Manganello Automotive Industry Group Metro Detroit Office Warner Norcross & Judd LLP
2 Background The dramatic price increases for resins have had a dramatic negative effect upon the bottom line of many suppliers. OEMs have not been responsive to well mannered requests for price increases. Is there a legal strategy?
3 Know Your Legal Options Suppliers Perspective: Is there an enforceable contract between the suppliers (of both resin and parts made with the resins) and the buyers? Legal positions can be effectively used in negotiations to facilitate resolution without filing suit Are there defenses to the Buyer s threats to obtain an injunction forcing continued production at the stated price?
4 Know Your Legal Options Buyer s Perspective If the Buyer s bargaining power is insufficient: What can you do to assure supply before the Cut-Off Letter is received? Does the course of performance with your supplier assist contract enforceability? What is the likelihood of obtaining an injunction preventing the shut down of your line and the OEM s line?
5 The Relevant Contracts The Resin Supply Contract Large resin suppliers may have Active Price Agreements which they claim gives them the ability to raise prices due to raw materials increases Also applies to direct steel suppliers who have great experience with price fluctuations and most have surcharges built into their contract
6 The Relevant Contracts cont. The Resin Supply Contract If you have signed or otherwise assented to these contracts, you may be caught between a rock and a hard place as the supplier who bought from the resin producer or mill If you have not signed these contracts and the purchase order issued to the resin supplier incorporates your Terms and Conditions there is a battle of the forms issue to be analyzed
7 The Relevant Contracts cont. The Standard OEM Automotive Contract Buyer oriented contract whose purpose appears to be maintaining the flexibility to obtain maximum discounts from suppliers Most tier suppliers use this as a template for their buyer terms and conditions even though OESA has its model terms Award Letters and Master Terms and Conditions are not contracts by their own terms
8 The Relevant Contracts cont. The Standard OEM Automotive Contract Most companies issue blanket Purchase Orders which do not commit to purchase any particular quantity but only contain a product description and price term Many Purchase Orders have no expiration date
9 The Relevant Contracts cont. The Standard OEM Automotive Contract The OEM Terms and Conditions contain a Cancellation for Convenience clause. OESA s Model Terms allows for mutual termination on 60 days notice. Releases govern the quantity ordered, raw materials to be purchased and ship dates but generally only cover a 4-8 week time frame
10 Critical Issue with the OEM Contract Language Does the Supplier have any obligation to sell or the Buyer have any obligation to purchase beyond the term of the Releases?
11 Whose Contract Terms Govern? Becomes an issue when neither party signs or otherwise assents to the other party s contract. No matter how much we lawyers beg, form contracts often get exchanged and shoved in the drawer Verbal assurances are of little value when it comes to enforceability Most suppliers have separate terms and conditions when they are buyers and sellers Whose terms govern is analyzed under the Battle of the Forms Uniform Commercial Code 2-207
12 Practice Tip In most instances, Buyers have the bargaining power until the deal is closed. Require your customer to sign your Purchase Order. The OEMs do! Automate the process The electronic quotation process that appears to leave no options As a supplier or as the direct buyer from the steel mill or resin supplier it may be best not to sign and let the battle determine the terms
13 The UCC Battle of the Forms The written acceptance of an offer constitutes a contract even if the acceptance contains different terms The different terms in the acceptance are proposals that do not become part of the contract if the different terms materially alter the terms of the offer The offer will control unless the acceptance is expressly made conditional on assent to the different terms.
14 The UCC Battle of the Forms If the acceptance or both the acceptance and the offer are expressly made conditional on assent to their respective terms, the KNOCK OUT RULE applies and the conflicting terms are thrown out. The UCC will supply the missing terms The offer is crucial since it may define the terms of the sale
15 The UCC Battle of the Forms Myth #1: The Purchase Order is always the offer : The Quote can be the offer and the RFQ is a request for offers. Make sure all quotes incorporate the Seller s Terms and Conditions either as an attachment or appropriate website reference Make sure that all quotes are expressly conditional on assent to the Seller s Terms and Conditions this can be done on the Ts&Cs themselves.
16 The UCC Battle of the Forms Myth #2: The perform and you assent to our terms language in the Purchase Order ends the Battle of the Forms: There is no magic language in an acceptance that will automatically eliminate contrary terms in the offer If you are the Buyer, insist on your terms
17 The UCC Battle of the Forms Myth #3: All Purchase Orders contain the expressly conditional language: Most all try to but some fail Challenge Machinery case The language must be exact and is strictly construed Key Issue: The expressly conditional language does not necessarily give your Ts&Cs priority may just knock out the offending Seller s terms
18 Is The OEM Contract Illusory? Steel Dynamics v. General Motors A Real World Example SDI was a steel supplier to General Motors and was issued an Award Letter, a Purchase Order and Releases Steel prices dramatically increased and SDI refused to supply under the agreed upon price matrix Though it involved steel prices, the analysis is equally applicable to all raw materials GM sued claiming breach of contract
19 Is The OEM Contract Illusory? Steel Dynamics v. General Motors Mutuality of Obligation a general rule of contracts is that a contract is not enforceable if one party is not required to perform. Factors the Court Examined: The Award Letter did not obligate GM to buy any steel from SDI even though there were projected quantities
20 Is The OEM Contract Illusory? Steel Dynamics v. General Motors Factors the Court Examined (cont.): The Purchase Order did not contain a quantity term and did not require the purchase of any amount The cancellation for convenience clause allowed GM to stop purchasing at any time
21 Is The OEM Contract Illusory? Steel Dynamics v. General Motors GM had argued in the past -- in a reported case that its contracts and awards do not obligate GM to buy anything (Sound familiar?) The Oakland County Circuit Court ruled that the contract was unenforceable because there was no mutuality of obligation Judge clearly not friendly and mused during argument if prices were falling would GM still claim it had to buy at the higher price?
22 Is The OEM Contract Illusory? Steel Dynamics v. General Motors Course of Dealing: How parties deal with each other is extremely relevant to whether there is a binding contract Court rejected this argument without much consideration Issues to consider: Did the parties discuss or establish a course of dealing as to quantity, when pricing issues were discussed, purchase order expiration
23 Is The OEM Contract Illusory? Steel Dynamics v. General Motors Case is under appeal to the Michigan Court of Appeals Only case to have ruled on this precise issue stay tuned Most suppliers have this same argument to use and may be bound only to accepted releases and no further
24 How Can Buyers Protect Themselves? Not just for the suppliers who buy directly from the mill or producer but for all buyers up the chain In a rising raw materials market RELEASE, RELEASE, RELEASE: An accepted (the seller performs) release is certainly a contract and the farther out it goes in time and quantity, the more protection you have Weigh price concerns against excess inventory on hand if the OEM stops buying
25 How Can Buyers Protect Themselves? The case for a real Requirements Contract: Perform an analysis in raw material intensive parts whether the ability to force price decreases justifies the risks of a contract which may be illusory and unenforceable In many cases the cost to PPAP a new materials supplier creates a de facto requirements contract Partial requirements contracts are permitted and you may still be able to keep the cancellation for convenience clause (with a good faith requirement for its use)
26 What Can Buyers Do When The Cut-Off Letter Comes? Have an immediate understanding as to the course of dealing between you and your supplier as to purchase requirements
27 What Can Buyers Do When The Cut-Off Letter Comes? If re-sourcing is not possible, Temporary Restraining Orders are a last resort : Irreparable Injury and balance of hardships are evidenced by the shutdown of your line and the OEM s line will entail huge costs and unemployment consequences no State Court will want to see Use contract terms to your advantage to maintain supply Must still prove that there is likelihood of success on the merits
28 What Can Buyers Do When The Cut-Off Letter Comes? Injunction Process: Seek Temporary Restraining Order and try to shift burden on Supplier to sue for more money if they are correct Court must hold a hearing within a set period of time (14 days in Michigan State Court) As a practical matter, the more serious the harm the more likely that a court will grant temporary relief
29 The Supplier s Right To Pass On Price Increases The Steel Dynamics Analysis if the Purchase Order or Award Letter does not obligate the customer to purchase any quantity, there may not be an enforceable contract Suppliers are obligated to produce through accepted releases but can reject newly issues releases Understand your course of dealing is there evidence that you were able to extract a promise of future purchases that you now must honor?
30 The Supplier s Response To An Injunction Put the Buyer on notice that you want to be present for any TRO consideration. The statements in the TRO can be prejudicial and you need representation The harm is not irreparable. You are willing to supply at the increased price. This is all about the money The impact on your business can be equally excruciating. You would only sue a customer as a last resort
31 Arbitration Provisions Most OEM Contracts do not have a requirement for binding arbitration. Some supplier contracts and the OESA Model Contract does provide for binding arbitration If there is a belief that Arbitration is best, incorporate the AAA Optional Rules for Emergency Measures of Protection. Arbitrator is appointed off a list in 1 day and a hearing can be held in 2 business days. MUST be specifically incorporated
32 Arbitration Provisions Most of these issues are legal ones and may be best left to the Courts No effective appellate remedy if the Arbitrator makes an unfounded legal ruling.
33 Conclusions Flexing legal muscle with a customer can be disastrous and must be done judiciously In negotiations, knowing the extent of your legal rights and obligations is critical Plan for rising raw material markets and lock in prices if the risks outweigh the costs of continually seeking price reductions from the supplier
Navigating Non-Competes: How to Protect your Business while Minimizing Legal Risk
Navigating Non-Competes: How to Protect your Business while Minimizing Legal Risk S. Jamal Faleel, Esq. Fredrikson & Byron, P.A. Pamela Abbate-Dattilo, Esq. Fredrikson & Byron, P.A. David G. Waytz, Esq.
More informationLiquid Cargo Shortage Claims
August 2008 Loss prevention briefing for North of England Members LOSS PREVENTION BRIEFING LEGAL Liquid Cargo Shortage Claims Discrepancy between Ship and Shore Figures at Load Port Contents Introduction...
More informationAppendix C: STATE GRIEVANCE SYSTEM
Appendix C: STATE GRIEVANCE SYSTEM [The following information was provided by the Grievance Board and was valid as of September 24, 2007 and may be subject to change during the 07-08 year] FOR NEW GRIEVANCES
More informationCase 1:16-cv Document 1 Filed 11/30/16 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:16-cv-02350 Document 1 Filed 11/30/16 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL STAR ROUTE MAIL CONTRACTORS ASSOCIATION, INC., Plaintiff, v. Case No.
More informationThe Ins and Outs of Purchasing for the New Buyer. Chris Cady Manager of Supply Chain & Facilities Aiken Electric Cooperative, SC
The Ins and Outs of Purchasing for the New Buyer Chris Cady Manager of Supply Chain & Facilities Aiken Electric Cooperative, SC Use of, or plagiarism of, any website, article, professional organization,
More informationPROCUREMENT: TIPS AND PITFALLS. Jeremy Taitinger Sean Ward
PROCUREMENT: TIPS AND PITFALLS Jeremy Taitinger Sean Ward Procurement Procurement is an important process for municipalities to ensure they obtain competitive bids and proposals representing the best available
More informationGENERAL CONDITIONS OF PURCHASE
page: 1 / 6 of PLASTIKA a.s. at Kaplanova 2830, 767 01 Kroměříž, ID no.: 27448550, recorded in the Commercial Register of Regional Court Brno, file B 6202. (hereinafter referred to as the Customer or Customer
More informationOgden City School District Human Resource Services Employee Relations and Corrective Action Manual
1 Ogden City School District Human Resource Services Employee Relations and Corrective Action Manual Revised 2011 2 CONTENTS ADMINISTRATOR/SUPERVISOR RESOURCE MATERIALS CONTENTS A. INTRODUCTION 3 B. PREVENTION:
More informationcompete not to compete The Definitive Insider s Guide to Non-Compete Agreements in New York
to compete or not to compete The Definitive Insider s Guide to Non-Compete Agreements in New York INCLUDING: WHEN A NON-COMPETE AGREEMENT IS ENFORCEABLE UNDER NY LAW HOW A FIDUCIARY CAN PERMISSIBLY SOLICIT
More informationCERTIFIED SPECIALIST PROGRAM LABOUR LAW DEVELOPMENTAL PHASES AND LEARNING CRITERIA
CERTIFIED SPECIALIST PROGRAM LABOUR LAW DEVELOPMENTAL PHASES AND LEARNING CRITERIA PART I: CORE LABOUR LAW KNOWLEDGE AND SKILLS (from Labour Law Experience: Standards for Certification as a Labour Law
More informationSummary of the law on unfair dismissal and redundancy. Standing up for you
Summary of the law on unfair dismissal and redundancy www.thompsonstradeunion.law Our pledge to you Thompsons Solicitors has been standing up for the injured and mistreated since Harry Thompson founded
More informationAntitrust in Friday, January 29, 2016
Antitrust in 2016 Challenges and Conundrums for the West Coast in 2016 Friday, January 29, 2016 2016 Cleary Gottlieb Steen & Hamilton LLP. All rights reserved. Throughout this presentation, Cleary Gottlieb
More informationLONG TERM AGREEMENT NO. ( LTA ) dated
LONG TERM AGREEMENT NO. ( LTA ) dated This LTA by and between Sikorsky Aircraft Corporation, a Delaware Corporation having an office and place of business in Stratford, CT ("Buyer") and a Corporation having
More informationGeneral Terms of Purchase
General Terms of Purchase 1. Scope Unless otherwise agreed upon with Valeo's Purchasing Department (the "Purchasing Department"), these General Terms of Purchase shall apply to all purchases made by Valeo
More informationMILITARY LEAVES OF ABSENCE
MILITARY LEAVES OF ABSENCE JEANNE M. SCHERLINCK WILLIAM D. SARGENT GOVERNING LAW There is a comprehensive federal statute governing the rights of employees who leave their employment to serve in the military.
More informationDescribe the difference between a condition and a warranty.
Additional Questions Syllabus Section 1: Legal Aspects Q1 11/03 Describe the difference between a condition and a warranty. Q10 5/04 In contracts, describe the difference between a condition and a warranty.
More informationHR Guide Terminations
HR Guide Terminations Types of terminations by the employee by mutual consent by alteration of the employment contract by express terms due to the death of the employee or employer due to the transfer,
More informationPRACTICE NOTE INTERIM PROHIBITORY ORDERS, STAYS OF PROCEEDINGS AND EX PARTE APPLICATIONS IN FAMILY PROCEEDINGS
PRACTICE NOTE INTERIM PROHIBITORY ORDERS, STAYS OF PROCEEDINGS AND EX PARTE APPLICATIONS IN FAMILY PROCEEDINGS Background 1. In family matters, a litigant or potential litigant frequently considers it
More informationDigital Supplier Handbook
Digital Supplier Handbook Table of Contents Prospective Suppliers... 3 Current Suppliers... 3 Request for Quote... 3 Purchase Order... 4 Terms and Conditions... 5 Quality Requirements... 6 Shipping Instructions...
More informationUNSAFE WORK PERFORMANCE Again. Presented by: Susan L. Beach, JD
Presented by: Susan L. Beach, JD Presented at: UPPER ISLAND SAFETY CONFERENCE Campbell River, BC May 30-31, 2016 Presented by: Susan L. Beach, JD Introduction In this seminar I will start at the end, arbital
More informationGUIDE SERIES. An introduction to public law
GUIDE SERIES An introduction to public law The Public Law Project (PLP) is an independent national legal charity. Our mission is to improve public decision-making and facilitate access to justice. We work
More informationRECENT DEVELOPMENT ON REGULATORY CHANGES AFFECTING EXEMPT/NON-EXEMPT WORKER STAUTS
RECENT DEVELOPMENT ON REGULATORY CHANGES AFFECTING EXEMPT/NON-EXEMPT WORKER STAUTS On November 22, Judge Mazzant of the U.S. District Court in the Eastern District of Texas issued a Memorandum Opinion
More informationSection 1 PS General Information
Global Workplace Safety Performance Standard SAFETY CONTRACT MANAGEMENT Authorized By: Rick O Donell UAW Assistant Director & Ken Glass GM Assistant Director Revision 3.0 Effective Date: July 1 st 2017
More informationUNIVERSITY OF MISSISSIPPI SCHOOL OF LAW. LABOR LAW Professor Secunda FINAL EXAM. Instructions
UNIVERSITY OF MISSISSIPPI SCHOOL OF LAW LABOR LAW Professor Secunda FINAL EXAM Date: December 5, 2006 Time Allowed: 3 Hours Instructions 1. This is an open book examination. You may refer to any materials.
More informationNYSNA, 6 OCB2d 23 (BCB 2013) (IP) (Docket No. BCB )
NYSNA, 6 OCB2d 23 (BCB 2013) (IP) (Docket No. BCB-3080-13) Summary of Decision: The Union alleged that the City and HHC violated NYCCBL 12-306(a)(1) and (4) when HHC presented a modified proposal concerning
More informationINDUSTRIAL RELATIONS ACT CODE OF GOOD PRACTICE: RESOLUTION OF DISPUTES AT THE WORKPLACE
INDUSTRIAL RELATIONS ACT CODE OF GOOD PRACTICE: RESOLUTION OF DISPUTES AT THE WORKPLACE 1. INTRODUCTION 1.1. This code is published in terms of Section 109 of the Industrial Relations Act. 1.2. This Code
More informationIntroduction to Labour Dispute Prevention and Resolution System
Introduction to Labour Dispute Prevention and Resolution System Sylvain Baffi, Programme Officer, Social Protection, Governance and Tripartism Programme, ITC/ILO www.itcilo.org International Training Centre
More informationTenth Meeting of European Labour Court Judges Stockholm, September 2, The Role of Collective Bargaining. Questionnaire
Tenth Meeting of European Labour Court Judges Stockholm, September 2, 2002 The Role of Collective Bargaining Questionnaire General Reporter: Judge Harald Schliemann, Federal Labour Court of Germany SWEDEN
More informationCertificate in Purchasing and Supply. Purchasing Operations L3-02 LEVEL 3 MARKING SCHEME
Certificate in Purchasing and Supply Purchasing Operations L3-02 LEVEL 3 MARKING SCHEME May 2007 PURCHASING OPERATIONS MARKING SCHEME SECTION A TF BETA PLC Q1 (a) to test the candidate s knowledge of the
More informationAre you compliant with the new Consumer Rights Act 2015?
Are you compliant with the new Consumer Rights Act 2015? TrustMark has prepared this guidance to help steer you through the Consumer Rights Act 2015, which came into force on 1 October 2015. This is a
More informationresolution stem from the Employer's action on or about May 13, taking away from grievant the satchel cart which he had
IN THE MATTER OF ARBITRATION BETWEEN United States Postal Service, Trenton, Michigan, Employer Case No. C4N-4B-C5659 and National Association of Letter Carriers, AFL-CIO, Trenton, Michigan Branch 2184
More informationFederal Labor Laws. Paul K. Rainsberger, Director University of Missouri, Labor Education Program Revised, September 2008
Federal Labor Laws Paul K. Rainsberger, Director University of Missouri, Labor Education Program Revised, September 2008 XX. Successorship Issues A. The Effect of the Sale of a Plant on the Duty to Bargain
More informationTenth Meeting of European Labour Court Judges Stockholm, September 2, The Role of Collective Bargaining
Tenth Meeting of European Labour Court Judges Stockholm, September 2, 2002 The Role of Collective Bargaining Questionnaire General Reporter: Judge Harald Schliemann, Federal Labour Court of Germany UNITED
More informationEmployment and Separation Agreements: What to Keep in Mind during Negotiations. Tamara Jones, Citycounty Insurance Services
Employment and Separation Agreements: What to Keep in Mind during Negotiations Tamara Jones, Citycounty Insurance Services EMPLOYMENT & SEPARATION AGREEMENTS What to Keep In Mind During Negotiations Tamara
More information2018 VIB Conference Teaming & Partnering Workshop. March 22, 2018
2018 VIB Conference Teaming & Partnering Workshop March 22, 2018 Presenter Jon Williams, Partner PilieroMazza PLLC Government Contracts Practice Group jwilliams@pilieromazza.com (202) 857-1000 Advises
More information6/15/16. FIDIC ContractingAdvantages and Pitfalls. INTRODUCTON: Who are We? Akin M. Alcitepe Partner, Sedgwick LLP
6/15/16 FIDIC ContractingAdvantages and Pitfalls AKIN M. ALCITEPE, ESQ. PARTNER WASHINGTON D.C. MEREDITH R PHILIPP, ESQ. ASSOCIATE WASHINGTON D.C. INTRODUCTON: Who are We? Akin M. Alcitepe Partner, Sedgwick
More informationWin-Win (Integrative) Negotiation Strategies
Win-Win (Integrative) Negotiation Strategies Roger Fisher and William Ury, Getting to Yes, Penguin Books, 2012 Types of Negotiations Type Distributive Negotiation Integrative Negotiation Nature Win-lose
More informationNo. 9 July 2000 DEVELOPING A HAY MARKETING STRATEGY. Lester R. Vough Forage Crops Extension Specialist University of Maryland
No. 9 July 2000 DEVELOPING A HAY MARKETING STRATEGY Lester R. Vough Forage Crops Extension Specialist University of Maryland Maryland is in the midst of a hay deficit area, particularly for high quality
More informationTHE TETRA PAK CASE: ARE LOYALTY REBATES TREATED DIFFERENTLY BY THE CHINESE ANTITRUST REGULATOR?
THE TETRA PAK CASE: ARE LOYALTY REBATES TREATED DIFFERENTLY BY THE CHINESE ANTITRUST REGULATOR? 1 BY MICHAEL HAN, ANDREW SKUDDER & DAVID BOYLE 1 I. INTRODUCTION On November 16, 2016, the State Administration
More informationBROKER - CARRIER AGREEMENT
Version 7.02 as endorsed by the National Transportation Brokers Association. Membership in the National Transportation Brokers Association is not mandatory for use of this Agreement; however, it is understood
More informationOF EDUCATION, MARYLAND. Appellant STATE BOARD OF EDUCATION AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 67, ET AL.
BALTIMORE COUNTY BOARD OF EDUCATION, v. Appellant AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 67, ET AL. Appellee BEFORE THE MARYLAND STATE BOARD OF EDUCATION Opinion No. 02-18
More informationVendor Partnership Manual. Section 3 Terms & Conditions of Purchase Order
Vendor Partnership Manual Section 3 Terms & Conditions of Purchase Order No changes have occurred in this chapter since our last update in July 2017. Frequently Asked Questions Question If the purchase
More informationLegal Tools: Grievances and More
Legal Tools: Grievances and More It s easy to be intimidated by legal processes or on the other hand to have blind faith in them. Really, any legal process is just a tool. If you have the right tool for
More informationBEFORE THE ARBITRATOR
BEFORE THE ARBITRATOR In the Matter of the Arbitration of a Dispute Between LOCAL 3055, AFSCME, AFL-CIO and Case 178 No. 52812 MA-9112 GREEN BAY AREA PUBLIC SCHOOL DISTRICT Appearances: Mr. James E. Miller,
More informationGUIDELINES FOR NEGOTIATING PROJECT LABOR AGREEMENTS. 1. The safest course for a Council to follow in securing a PLA on a private sector construction
GUIDELINES FOR NEGOTIATING PROJECT LABOR AGREEMENTS 1. The safest course for a Council to follow in securing a PLA on a private sector construction project is to negotiate the actual PLA with a construction
More informationScott Blakeley, Esq. How We Got Here: A Brief Background of the Credit Card Litigation. The Retailer Lawsuits and Class Settlement
THE SECOND CIRCUIT COURT S DECISION REJECTING THE CREDIT CARD CLASS ACTION SETTLEMENT: WHAT IT MEANS TO A SUPPLIER S RIGHT TO SURCHARGE IN THE B2B SPACE? Scott Blakeley, Esq. Credit Research Foundation
More informationCONTRACTS / REMEDIES Copyright February State Bar of California
CONTRACTS / REMEDIES Copyright February 1999 - State Bar of California Maker manufactures printing presses. News, a publisher of a local newspaper, had decided to purchase new presses. Rep, a representative
More informationState of Minnesota Bureau of Mediation Services (BMS)
State of Minnesota Bureau of Mediation Services (BMS) Arbitration Award Summaries BMS Case Number: 13-PA-0152 Employer: City of Rochester Union: International Union of Operating Engineers, Local 49 Arbitrator:
More informationModel Employment Contract
Model Employment Contract Adapt this Model Employment Contract for use at your own workplace. MODEL EMPLOYMENT CONTRACT HR managers in any part of the country can adapt this Model Employment Contract for
More informationH. v. ITER Organization
Organisation internationale du Travail Tribunal administratif International Labour Organization Administrative Tribunal H. v. ITER Organization 124th Session Judgment No. 3843 THE ADMINISTRATIVE TRIBUNAL,
More informationLearn best practices with regard to contract administration and management; Identify the various phases of contract administration; Gain practical
Learn best practices with regard to contract administration and management; Identify the various phases of contract administration; Gain practical experience in how to organize the contract administration
More informationunfair dismissal and redundancy
Unite Legal Services Summary of the law on unfair dismissal and redundancy www.unitetheunion.org 2 Contents About this booklet 3 Unfair dismissal? 3 What about strikes and lock outs? 5 What is the procedure
More informationMICROSOFT ONLINE SERVICE SCHEDULE. The following additional terms and conditions apply to the provision of the Online Service (the Agreement ).
MICROSOFT ONLINE SERVICE SCHEDULE The following additional terms and conditions apply to the provision of the Online Service (the Agreement ). 1. DEFINITIONS In this Service Schedule, in addition to those
More informationSelected Discussion Questions
Selected Discussion Questions Chapter 1 Introduction to Labour Relations 2. Readers who have worked in a unionized environment should consider the following question in the light of their experience: To
More informationAPPLICATION FOR EMPLOYMENT
APPLICATION FOR EMPLOYMENT Thank you for your interest in the YMCA! The YMCA is an equal opportunity employer and does not discriminate in recruitment, hiring or other terms or conditions of employment
More informationSOUTHERN REGULAR DISCIPLINE ARBITRATION PANEL. For the Employer : 0. D. Curry, Advocate
SOUTHERN REGULAR DISCIPLINE ARBITRATION PANEL In the matter of an arbitration between : United States Postal Service ) Employer ) Grievant : Donald Marshall and ) Case No. G94N-4G-D 97087319 Tulsa, Oklahoma
More informationConsumer Rights Act 2015
Consumer Rights Act 2015 A summary of the new rules. Our expertise Banking & Finance Charities Commercial Construction Corporate Corporate Tax Disputes Employment Family & Matrimonial Immigration Information
More informationGrievances and Arbitration: A Guide for Police Unions
Grievances and Arbitration: A Guide for Police Unions Fraternal Order of Police, Pennsylvania State Lodge Eastern Labor Seminar February 27, 2010 Richard G. Poulson, Esq. Willig, Williams & Davidson (215)
More informationTrusted Traders. Know the rules. New consumer law that affects your business. Consumer Rights Act 2015
Trusted Traders Know the rules New consumer law that affects your business Consumer Rights Act 2015 This Act comes into force on 01 October 2015 The law directly affects you if you provide goods and services
More informationKramer Rayson LLP. Employment Law Conference October 1, 2009
Kramer Rayson LLP Employment Law Conference October 1, 2009 Labor at a Crossroads - Employee Free (No) Choice Act Current Status Possible Compromise Bills New Organizing Tactics/Targets Edward G. Phillips,
More informationChanges to Consumer Law in the UK Consumer Rights Act 2015
Changes to Consumer Law in the UK Consumer Rights Act 2015 On 1 October 2015, the Consumer Rights Act 2015 came into force. The Act applies to contracts with consumers for the sale of goods, digital content
More informationTerms and Conditions of Sale
Rev 10-1-18 General Information All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of DoorKing products are subject to and shall be governed exclusively by the terms
More informationTerms and Conditions of Sale
Rev 10-1-18 General Information All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of DoorKing s products are subject to and shall be governed exclusively by the terms
More informationEmergency Contact: Name: Phone #:
Rev 2.0 Boat Works of Alaska LLC 11820 Old Seward Highway Anchorage, Alaska 99515 Phone: 907-344-BOAT (2628) Email: storage@boatworksofalaska.com All applicable fields are required. Date Consignment Begins:
More informationPure Encapsulations, Inc. United States Minimum Advertised Price Policy Effective November 13, 2017
Pure Encapsulations, Inc. United States Minimum Advertised Price Policy Effective November 13, 2017 Pure Encapsulations, Inc. ( Pure Encapsulations ) has determined that advertising its products at a price
More informationYOUR RIGHTS UNDER THE FAIR WORK ACT FSU FACT SHEETS
YOUR RIGHTS UNDER THE FAIR WORK ACT FSU FACT SHEETS FOREWORD FAIR WORK ACT 2009 FACT SHEET 1: THE FAIR WORK ACT: AN OVERVIEW FACT SHEET 2: TYPES OF INDUSTRIAL INSTRUMENTS FACT SHEET 3: THE SAFETY NET:
More informationStrategic Expense Management Identifying Cost Thieves Strategic Expense Management
1/8/2016 Strategic Expense Management Driving Top Line Revenue as a Value-Added Benefit through the RFP Process By: Linda Siegert, Procurement Manager Husch Blackwell LLP Identifying Cost Thieves Caveat
More informationFACTS: No summary prepared. Case deals with twenty four grievances untimely filed for arbitration.
ARBITRATION DECISION NO.: 164 UNION: OCSEA, Local 11, AFSCME, AFL-CIO EMPLOYER: Office of Collective Bargaining DATE OF ARBITRATION: December 9, 1988 DATE OF DECISION: December 30, 1988 GRIEVANT: OCSEA,
More informationDoing Business with Public Entities in Arizona
DOING BUSINESS WITH PUBLIC ENTITIES IN ARIZONA 1 Doing Business with Public Entities in Arizona A Vendor Guide to Understanding Arizona Procurement Practices 2 DOING BUSINESS WITH PUBLIC ENTITIES IN ARIZONA
More informationHOW TO USE THIS STANDARD LONG TERM AGREEMENT (LTA) TEMPLATE:
HOW TO USE THIS STANDARD LONG TERM AGREEMENT (LTA) TEMPLATE: This agreement should be used when establishing a new Long Term Agreement (LTA) with a supplier, in line with UN Women Financial Rules and Regulations
More informationExclusive Distributor Agreement
Exclusive Distributor Agreement This Exclusive Distributorship Agreement ("Agreement") is made and effective this (Date), by and between ("Distributor") (Name and Address) and ("Manufacturer") (Name and
More informationLesson 4: Marketing to the Consumer
Agricultural Marketing Resource Center Value-added Agriculture Profile Iowa State University November 2007 Lesson 4: Marketing to the Consumer Funding was provided by the Agricultural Marketing Resource
More informationECOSERVICES, LLC BINDING CORPORATE RULES
ECOSERVICES, LLC A. INTRODUCTION EcoServices respects the legitimate privacy interests of the people from whom it Processes Personal Information, such as its managers, officers, employees, contractors,
More informationSTRUCTURAL BUILDING COMPONENTS MAGAZINE June/July 2004
STRUCTURAL BUILDING COMPONENTS MAGAZINE June/July 2004 Dealing with Mold: Component Manufacturers Address Customer Concerns by Kent J. Pagel, WTCA Legal Counsel [See also: Summary of Crucial Facts on Mold
More informationArticle 9 of the Aarhus Convention - Access to justice in Slovenia
Article 9 of the Aarhus Convention - Access to justice in Slovenia (Tina Divjak, legal advisor) Slovenia ratified the Aarhus Convention in May 2004 1, which coincided with our accession to the European
More informationEmployee Defection: Tools and Strategies for Protecting Company Assets
Employee Defection: Tools and Strategies for Protecting Company Assets December 17, 2015 Noel R. Boeke Holland & Knight LLP 100 N. Tampa Street, Suite 4100 Tampa, FL 33602 813-227-6525 noel.boeke@hklaw.com
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 366. Short Title: Retail Workers' Bill of Rights. (Public)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 H 1 HOUSE BILL Short Title: Retail Workers' Bill of Rights. (Public) Sponsors: Referred to: Representatives Brockman, Fisher, Harrison, and Holley (Primary
More informationChapter 2 Strategy and Tactics of Distributive Bargaining
Chapter 2 Strategy and Tactics of Distributive Bargaining Overview The basic elements of a distributive bargaining situation, also referred to as competitive or winlose bargaining, will be discussed. In
More informationDelivery of cargo without original bills of lading
Delivery of cargo without original bills of lading A Letter of Indemnity is commonly accepted but the consequences of non-performance can be extremely serious Key issues It is common in a lot of trades,
More informationTerms and Conditions of Sale
Rev 12-1-17 General Information This price schedule supersedes any and all previous price schedules. We do not honor prices quoted from an obsolete price schedule nor do we honor prices for obsolete products
More informationNinth Meeting of European Labour Court Judges
Ninth Meeting of European Labour Court Judges Geneva, 3-4 December 2001 AUSTRALIA THE ROLE OF LABOUR COURT JUDGES IN THE IMPLEMENTATION OF SOCIAL POLICIES Questionnaire General Reporter: Judge Stephen
More informationChapter 8: Project Stakeholders
Chapter 8: Project Stakeholders A project is successful when it achieves its objectives and meets or exceeds the expectations of the stakeholders. But who are the stakeholders? Stakeholders are individuals
More informationGENERAL TERMS and CONDITIONS OF SALE
GENERAL TERMS and CONDITIONS OF SALE between COMPANIES OF DEATEX GROUP ITALY Hereinafter also named Seller and hereinafter The Client or The buyer Preamble The present Agreement governs the partnership
More informationEsco Purchase Order Terms And Conditions
Esco Purchase Order Terms And Conditions 1. ACCEPTANCE 1. These terms and conditions are the exclusive binding agreement between the parties covering the purchase of the products and services ordered and
More informationBEFORE THE ARBITRATOR. In the Matter of the Arbitration of a Dispute Between CITY OF WAUKESHA. and WAUKESHA PROFESSIONAL POLICE ASSOCIATION
BEFORE THE ARBITRATOR In the Matter of the Arbitration of a Dispute Between CITY OF WAUKESHA and WAUKESHA PROFESSIONAL POLICE ASSOCIATION Case 144 No. 60267 MA 11567 (Beglinger Grievance) Appearances:
More informationLabor Arbitration v. Employment Arbitration By Ira Cure, Esq.
Labor Arbitration v. Employment Arbitration By Ira Cure, Esq. Attorneys representing employers, employees and unions are frequently confronted with a variety of choices concerning the resolution of disputes.
More informationSKYSHOP USA AGREEMENT FOR SERVICES AND GENERAL OBLIGATIONS 1 SERVICES IN GENERAL: This agreement is entered into by and between Expedited Global
SKYSHOP USA AGREEMENT FOR SERVICES AND GENERAL OBLIGATIONS 1 SERVICES IN GENERAL: This agreement is entered into by and between Expedited Global Group, LLC dba SkyShop USA, (hereinafter referred to as
More informationbetween ) POST OFFICE : MECHANICSBURG, PA. ( UNITED STATES POSTAL SERVICE ) CASE NO : E7C-2E-C 18954
f REGULAR ARBITRATION PANEL In the Matter of the Arbitration ) GRIEVANT : LUCAS, L. between ) POST OFFICE : MECHANICSBURG, PA. ( UNITED STATES POSTAL SERVICE ) CASE NO : E7C-2E-C 18954 and ) AMERICAN POSTAL
More informationBest Practices in Public Procurement
Best Practices in Public Procurement 1 Learning Objectives Overview of Procurement Facts Understanding Procurement Chain Procurement Planning Risk Management Ethics, Probity and Accountability The new
More information2017 Renewable Energy Sale - Request for Offers Solicitation Protocol
2017 Renewable Energy Sale - Request for Offers Solicitation Protocol Issuance Date: Week of January 23, 2017 i Table of Contents I. OVERVIEW... 1 A. OVERVIEW... 1 B. RENEWABLE ENERGY SALE RFO COMMUNICATION...
More informationVOLUNTARY LABOR ARBITRATION DECISION AND AWARD DECISION. The issue here is whether the discharge action against Grievant should be invalidated
Brooks #4 VOLUNTARY LABOR ARBITRATION IN THE MATTER OF THE ARBITRATION BETWEEN: Employer (Michigan) and Union Grievant: Employee, DECISION AND AWARD DECISION The issue here is whether the discharge action
More informationEconomics Unit 2. The United States Economic System
Economics Unit 2 The United States Economic System Demand Objective 2.01: Illustrate how supply and demand affects prices. What is Demand? Demand: The desire, willingness, and ability to buy a good or
More informationThe Laitram Open Door Policy and Employee Dispute Resolution Program
The Laitram Open Door Policy and Employee Dispute Resolution Program Effective Date: April 1, 2002 LAITRAM, L.L.C. LAITRAM MACHINERY, INC. INTRALOX, L.L.C. LAPEYRE STAIR, INC. LAITRAM MACHINE SHOP, L.L.C.
More informationrics.org/consumerguides
A clear, impartial guide to Dilapidations For use in England and Wales. In association with rics.org/consumerguides Contents Introduction...3 Definitions...4 Things a tenant should consider...5 Things
More informationSourcing In China. Beyond low cost possibility and realizing the hidden factors. Jonathan Zhang
Sourcing In China Beyond low cost possibility and realizing the hidden factors Topics Your Supplier Base Your RFQ Package Understand Price Feedback Pick Your Supplier Sourcing Concerns Quality Concerns
More informationHow the right RFP criteria can help you create successful partnerships with LSPs. Stuttgart, October 25, 2017
How the right RFP criteria can help you create successful partnerships with LSPs Stuttgart, October 25, 2017 Content Intro Types of biddings Definitions RFI/RFP pitfalls How to create the right RFP Step-by-Step
More informationINTERNATIONAL BUSINESS TRANSACTIONS. June 11 Agreements for the International Trading of Goods
INTERNATIONAL BUSINESS TRANSACTIONS SYLLABUS PROFESSOR JIMENEZ Summer 2018 INTERNATIONAL TRADING OF GOOOS June 11 Agreements for the International Trading of Goods Introduction: The Basics Formation of
More informationIF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE BSS.
Bitvise SSH Server End User License Agreement Bitvise Limited, a Texas corporation with its principal office at 4105 Lombardy Court, Colleyville, Texas 76034, USA, ("Bitvise"), develops a Windows SSH server
More informationPersonal Finance Unit 1 Chapter Glencoe/McGraw-Hill
0 Chapter 4 Consumer Purchasing and Protection What You ll Learn Section 4.1 Determine the factors that influence buying decisions. Explain a research-based approach to buying goods and services. Identify
More informationAre Your Suppliers Putting You At Risk of Shutting Your Customers Down? Jim Price, VP, Service Delivery & Optimization
Are Your Suppliers Putting You At Risk of Shutting Your Customers Down? Jim Price, VP, Service Delivery & Optimization Are Your Suppliers Putting You At Risk of Shutting Your Customers Down? Jim Price,
More information