Again, it is the simple language of the plan that guides the analysis. Article VI explicitly refers to the role of the other member as « representing the 200,000,000,000,000,000,000,000,000,000 plan article VI, dot 6.1 (doc. #399-2 to 54). Mr. Hall was appointed a member of the HBPC Other Member because non-retirees from the UAW requested a petition to replace Mr. Mindiola because they did not adequately represent him. No. 6.6 (doc. #399-2 to 58).
The plan specifically provides for this use of UAW non-es to protect their interest in representation at the HBPC. Id. This representative capacity is not limited to the other member of the HBPC. Each member of the HBPC, with the exception of one, is appointed « representative » of a stakeholder. No. 6.1 (doc. #399-2 to 54). Its composition shows that the HBPC is not simply a number of passionate experts who review complaints about denied benefit rights. On the contrary, its membership reflects and represents the interests of the stakeholders put into coherence in the transaction agreement. Given that the HBPC member represents non-DORM, it is entirely appropriate for Mr.
Hall to consider compiling with these silencers as an activity in the course of his duties within the HBPC. The Court also agrees with Mr Hall that one of its tasks is to « help other Member States develop and disseminate information » to the people it represents. It therefore has the right to demand appropriate compensation and reimbursement from Navistar for these activities. « A violation of the obligations under the withdrawal agreement would pave the way for remedies, » says a draft document allegedly drafted by EU ambassadors and quoted by AFP. A hard border would be contrary to the peace agreement that ended decades of violence in Northern Ireland. The compromise clause at issue is contained in a transaction agreement and an approval decision in a group action (Shy et al. v. Navistar International Corporation) regarding Navistar`s obligations to its retired employees.
As part of the Contract and Approval Order, Navistar was required to pay annual dividends to an Supplemental Benefit Trust. The agreement created the SBC as an agent and director of the Supplemental Benefit Trust. Navistar`s methods of calculating and executing the commitment were described in an incentive plan attached to the agreement and decree. Section 8 of the plan required a regular report from Navistar to the SBC on the financial information required to confirm that Navistar was making contributions in the amounts requested by the plan. Section 8 also contains a dispute resolution clause that requires that disputes relating to the « information or calculations » provided by Navistar be referred, for binding decision, to an accountant (or other neutral decision maker) chosen by the parties. The full clause provides that, unlike calculation disputes, classification disputes may involve issues of contract interpretation and accounting, but that, for two reasons, this is not outside the clear text of the arbitration agreement. First, the accounting nature of the dispute resolution process at most creates some uncertainty as to whether the scope of « information or calculation » disputes should be limited to disputes for which no legal analysis might be required. However, the language of the agreement, otherwise unrestricted, goes beyond any assumption that the parties did not result in settlement disputes between an accountant. Ambiguity – if it exists – must be « resolved in favour of an arbitration procedure, » even if a compromise clause is limited in scope. Bratt comes in. v.
Noble Int`l Ltd., 338 F.3d 609, 613 (6 cir.2003) (quote from Volt Info. Scis., Inc. v. B. of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 476 (1989)). Second, contractual disputes related to the CBS classification arguments are relatively simple and closely related to accounting; It is likely that the parties to the agreement intended to resolve such disputes.
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