Article: VI Section: 6
Section 6. Deadlock of the Trustees. In the event of a
deadlock vote, then an impartial umpire to cast the deciding vote
shall be chosen, if possible, forthwith by the Trustees. If the
Trustees are unable to agree among themselves upon a person to act
as such impartial umpire, then within 72 hours after the adjournment
of the meeting at which the tie vote occurred the Chairman
and the Secretary shall attempt to agree upon the selection of
such impartial umpire. If upon the expiration of such 72-hour
period the Chairman and the Secretary have failed to select such
impartial umpire, then either group of Trustees or any Producer
party hereto or the WGA may petition the District Court of the
United States, Central District of California or the United States
District Court for the Southern District of New York for the
appointment of such impartial umpire. When an impartial umpire
has been selected in any of the manners aforesaid, a meeting of
the Trustees shall be held as soon as practicable, which meeting
shall be attended by such impartial umpire, and at that time the
entire matter of the question or resolution in dispute shall be
presented and reargued and the umpire shall hear any evidence or
arguments presented by either group of Trustees upon the question
or resolution upon which such deadlock has occurred. Such umpire
may, if the umpire so desires, make direct inquiries to the
Trustees with respect to any information which the umpire deems
to be relevant or material to a proper determination of the question,
and any such information as is not then immediately available
shall be furnished to such umpire by the Chairman and the
Secretary jointly as soon as practicable. As soon as practicable,
and in any event within 14 days after the date of such meeting or
the date upon which the last of such requested information is
furnished to the umpire, whichever is the later date, the
impartial umpire shall by written instrument cast a vote for or
against the question or resolution upon which the deadlock has occurred. The vote so cast by such umpire shall be determinative
of the question or resolution, and in casting such vote the umpire
may but need not specify the umpire's reasons for so voting. The
vote so cast by the umpire shall be in writing and shall be
delivered to the Chairman and to the Secretary. All costs and
expenses incident to any such proceeding, including costs incurred
in the appointment of the umpire, the holding of proceedings, the
fee, if any, charged for the umpire's services, shall be a proper
charge against the Health Fund and the Trustees are authorized to
pay or direct the payment of such charges.
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