Common use of Arbitrator and Mediator Authority Clause in Contracts

Arbitrator and Mediator Authority. The arbitrator or mediator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator or mediator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator’s decision shall be submitted in writing thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented and shall not be in conflict with the law. The fees and expenses for the arbitrator’s or mediator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made provided that it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally.

Appears in 3 contracts

Samples: Labor Agreement, Labor Agreement, afscmemn.prometheuslabor.com

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Arbitrator and Mediator Authority. The arbitrator or mediator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator or mediator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator’s decision shall be submitted in writing thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented and shall not be in conflict with the law. The fees and expenses for the arbitrator’s or mediator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made provided that it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally.

Appears in 2 contracts

Samples: Labor Agreement, www.afscmemn.org

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