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Major Dispute - Law Dictionary Search Results

Home Dictionary Name: major dispute

major dispute

major dispute : a labor dispute that pursuant to the Railway Labor Act concerns the making or modification rather than the interpretation of a collective bargaining agreement called also new contract dispute; compare minor dispute NOTE: Under the Railway Labor Act, which is also referred to in airline cases, a major dispute must go to mediation or arbitration if necessary. ...


minor dispute

minor dispute : a dispute between an employer and a union that under the Railway Labor Act can be resolved through interpretation of the existing collective bargaining agreement compare major dispute ...


new contract dispute

new contract dispute : major dispute ...


Arbitration

Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...


Major

Greater in number quantity or extent as the major part of the assembly the major part of the revenue the major part of the territory...


major diatonic scale

The natural diatonic scale which has semitones between the third and fourth and seventh and eighth notes and whole tones between the other notes the scale of the major mode of which the third is major also called major scale See Scale and Diatonic...


Industrial dispute

Industrial dispute, means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any persons. [Industrial Disputes Act, 1947, s. 2 (k)]The words 'Industrial disputes' in the Industrial Disputes Act include also disputes that might arise between municipalities and their employees in branches of work that can be said to be analogous to the carrying out of a trade or business, D.N. Banerjee v. P.R. Mukherjee, AIR 1953 SC 59: (1953) SCR 302. [Constitution of India Sch VII, List III, Entry 22]A dispute between an employer and single workman does not fall within the definition of Industrial dispute' under the U.P. Industrial Disputes Act, 1947. But though the applicability of the Act to an individual dispute as opposed to dispute involving a group of workmen is excluded, if the workmen as a body or a con...


Major port

Major port, means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 213. [Constitution of India, Art. 364(2)(a)]The President is empowered to exclude, restrict or modify the laws made by Parliament or a State Legislature or the existing laws in their application to major ports, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 203, Constitution of India, Art. 364....


Vis major force majeure usual

Vis major force majeure usual, the expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges has agreed that strikes, break-down of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. Where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', and even if this be the meaning, it is obvious that the condition about 'force majeure' in the agreement was not vague. The use of the word 'usual' makes all the difference, and the meaning of the condition may be made certain by evidence about a force majeure clause, which was in contemplation of parties, Dhanrajamall Gobindram v. Shamji Kalidas, AIR 1961 SC 1285 (192...


arbitration

arbitration [Latin arbitratio, from arbitrari to judge, arbitrate, from arbiter onlooker, arbitrator] : the process of resolving a dispute (as between labor and management) or a grievance outside of the court system by presenting it to an impartial third party or panel for a decision that may or may not be binding compare mediation final offer arbitration : interest arbitration in which the arbitrator must accept or reject the final offer of any party and may not decide to compromise grievance arbitration : arbitration of a dispute over something in an existing collective bargaining agreement called also rights arbitration compare interest arbitration in this entry interest arbitration : arbitration of a dispute over the provisions to be entered in a new contract compare grievance arbitration in this entry rights arbitration : grievance arbitration in this entry ar·bi·tra·tion·al [Ä r-bə-trā-shə-nəl] adj ...


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