Arbitration Authority Clause Samples
Arbitration Authority. It is specifically agreed that no Board of Arbitration shall have the authority to alter or modify the existing classifications or wage rates but it shall have the authority, subject to the provisions of this Agreement, to determine whether or not the new classification or wage rate has been set properly within the framework of the established classification and rate schedule.
Arbitration Authority. Nothing herein contained shall be deemed to give the arbitrator any authority, power, or right to alter, change, amend, modify, add to or subtract from any of the provisions of this Agreement.
Arbitration Authority. The arbitrator selected in accordance with the above procedure shall decide the dispute and the decision shall be final and binding on the Company, the Union and the employee(s), provided the arbitrator shall only have authority to decide if the Company violated the express terms of the Agreement and shall have no authority to add to, subtract from, or to inject or impose his/her own judgment over that of the Employer in determining levels of discipline; supplement or modify this Agreement in any way or to rule on any matter except while this Agreement is in full force and effect between the parties. The arbitrator shall have no power to establish wage rates on new or changed jobs or any existing job or to change any wage rate. He shall have no power to substitute his discretion in cases where the Company has retained discretion or has been given discretion by this Agreement. In the event that “just cause” is in dispute, the arbitrator shall be empowered to determine if just cause exists. In the event a case is appealed to an arbitrator and he finds that he has no power to rule on such case, the matters shall be referred back to the parties without recommendation on the merits of the case. The Company, in no event, shall be required to pay back wages for more than twenty–one (21) calendar days prior to the date a written grievance is filed. All awards of back pay shall be limited to the amount of wages the employee would otherwise have earned less any unemployment compensation or any other compensation for his services that he may have received from any source during the period. If the employee was out of the labor market or failed to make diligent efforts to apply or look for work during unemployment, no back pay shall be awarded for that period of time.
Arbitration Authority. Any arbitration will be conducted by a neutral arbitrator, who shall be appointed within twenty (20) days of the filing of any demand for mediation/arbitration. Any arbitration hearing shall be held within one hundred twenty (120) days of the applicable appointment. Arbitrators in any proceeding under this Section will apply all applicable law, and a failure to apply the applicable law in accord with Section 39(I), below, will be deemed an act in excess of authority. The arbitrator will decide any questions relating in any way to the parties’ agreement (or claimed agreement) to arbitrate, including but not limited to applicability, subject matter, timeliness, scope, remedies, claimed unconscionability and any alleged fraud in the inducement. The subpoena powers of the arbitrator with respect to witnesses to appear at the arbitration proceeding will not be subject to any geographical limitation.
Arbitration Authority. PeopleSoft, LLC and SEA expressly agree that any dispute, controversy, or claim arising out of or relating to this Agreement or the formation, breach, interpretation, or enforcement of this Agreement shall be submitted to and settled by binding arbitration conducted by the American Arbitration Association ("A.A.A."). The A.A.A. rules notwithstanding, in no event shall the arbitrator in any arbitration * CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.