Arbitrator Decisions. The arbitrator shall make all attempts to issue a written decision on the matter within thirty
Arbitrator Decisions. Arbitrator decisions on matters properly before them which pertain to grievances as defined in Section 40.1 of this Understanding shall be in the forms of recommendations to the City Manager, who may, within five (5) days of receipt of said decision, reject said decision. In the event of said rejection, then, as to that particular grievance, the fees and expenses of the arbitrator and the court reporter shall not be shared by the Association, and full payment thereof shall be the sole responsibility of the City.
Arbitrator Decisions. A. Upon timely receipt by the College of the Association’s written notice of its desire to take a grievance to arbitration, the parties shall have five (5) working days within which to attempt to select a mutually acceptable party to act as arbitrator. If the parties fail to agree within this period on an arbitrator who is able and willing to serve, they shall jointly request the Oregon State Conciliation Division of the Employment Relations Board to submit a list of seven (7) disinterested persons who are qualified and willing to act as an impartial arbitrator. Both the Association and the College shall have the right to strike two names from the list. A flip of the coin shall determine which party shall strike first. The remaining name on the list shall be that of the arbitrator.
B. The designated arbitrator shall set a time and place for hearing which is agreeable to both parties. At that hearing each party shall have the right to present evidence, examine and cross-examine witnesses, make a record and file arguments.
C. Expenses of the arbitrator shall be borne by the losing party, while each party shall be responsible for its own expenses, including compensating its own witnesses and representative.
D. The arbitrator shall have authority to consider only a claim which is based upon a specific provision of this Agreement and shall have no right to modify, detract from or add to this Agreement. They shall act solely in a judicial, not a legislative capacity, interpreting and/or applying the express language of a specific provision or provisions of this Agreement and shall not decide on the merits or wisdom of any action or failure to act by the College, but only on the contractual obligations inherent in this Agreement. Any decision of the arbitrator within the scope of this Agreement shall be final and binding on the College, the Association and the employee or employees involved. If the matter sought to be arbitrated does not involve an interpretation or application of the express language of this Agreement, the arbitrator shall so rule and make no further decision, in which event the expenses of the arbitrator shall be borne by the Association.
Arbitrator Decisions. The arbitrator shall make all attempts to issue a written decision on the matter within thirty (30) days after the close of the record unless the parties agree otherwise. If the arbitrator is unable to comply with the thirty (30) day requirement, they will contact the parties to advise them of the same and to provide an estimated date. The arbitrator’s decision shall be submitted in writing and shall set forth the findings and conclusions with respect to issues submitted to arbitration. The arbitrator’s decision shall be final and binding upon the College, the Union, and the employee involved, except as provided in Chapter 2711 of the Ohio Revised Code.
Arbitrator Decisions. The arbitrators will decide in accordance -------------------- with the terms of this Agreement and will take into account any appropriate trade usages applicable to the transaction. The arbitrators will state in writing the reasons upon which the award is based.
Arbitrator Decisions. The arbitrators will decide in accordance with -------------------- the terms of this Agreement and will take into account any appropriate trade usages applicable to the transaction. The arbitrators will state in writing the reasons upon which the award is based. The arbitrators may allocate the fees and expenses of arbitration, including the reasonable fees and costs of the attorneys for the parties among the parties as the arbitrators deem appropriate. If no allocation of fees is made, the allocation set forth in Section 12.9 below shall apply and arbitration costs and fees shall be borne by the non-prevailing party.
Arbitrator Decisions. The findings of fact and the decision of the arbitrator shall be final except for discharge cases that may be overturned by the City Council by majority vote by or before sixty (60) calendar days of the written decision of the arbitrator is received by the City Manager (Administrative Officer) and the decision shall be transmitted to the involved parties and the City Manager (Administrative Officer).
Arbitrator Decisions. 16.5.1 The Party-Appointed Arbitrators and the Third Arbitrator shall consider the terms and conditions of this Agreement, including all relevant evidence and testimony, and shall render their decision within ninety (90) Days following conclusion of the hearing; provided, however, the Party-Appointed Arbitrators and the Third Arbitrator are expressly and specifically limited to selecting one (1) of the Proposed Resolutions for each issue in dispute provided by Seller and Georgia Power; provided, further, the Party-Appointed Arbitrators and the Third Arbitrator shall not have the authority to effect any other resolution of the issues in dispute. The Party-Appointed Arbitrators and the Third Arbitrator shall have no authority to award consequential, special, indirect, treble, exemplary, incidental, or punitive damages of any type under any circumstances regardless of whether such damages may be available under appropriate state law, federal law, the Federal Arbitration Act, or any other applicable law. The Parties hereby waive their right, if any, to recover consequential, special, indirect, treble, exemplary, incidental, and punitive damages with respect to this Agreement.
16.5.2 The decision rendered by a majority of the Party-Appointed Arbitrators and the Third Arbitrator, made in writing, shall be provided to the Parties. In the event the Parties mutually accept such decision, such decision may be filed in a court of competent jurisdiction and may be enforced by Seller or Georgia Power as a final judgment in such court. If the Parties do not mutually accept such decision, then either Seller or Georgia Power may resort to any remedy, at law or in equity, that may be available therefor.
Arbitrator Decisions. Except as otherwise provided in this Agreement, in the event that, within thirty (30) days after a matter is first brought before it, the JSC cannot reach a decision with respect to a matter that is a subject of its decision-making authority and is not described by either Section 9.4.2 or Section 9.4.3 above, then the matter shall be referred to the Chief Executive Officers of MediGene and Bxxxxxx, who will attempt in good faith to achieve a prompt resolution within the immediately succeeding thirty (30) days. If the Chief Executive Officers are unable to resolve such dispute within such period, either Party may invoke the provisions of Section 25. Any determination so made by the Arbitrator under Section 25 (including amendments to Development Plans) shall also be deemed, for all purposes of this Agreement, to be a determination of the JSC.
Arbitrator Decisions. The Arbitration Panel will consider the terms and conditions of this Agreement, including all relevant evidence and testimony, and will render its decision within thirty (30) Days following conclusion of the hearing by means of a written reasoned decision; provided, however, the Arbitration Panel is expressly and specifically limited to selecting one (1) of the Proposed Resolutions provided by QF and Georgia Power for each issue in dispute. The Arbitration Panel will have no authority to award consequential, special, indirect, treble, exemplary, incidental, or punitive damages of any type under any circumstance, regardless of whether such damages may be available under applicable state law, federal law, the Federal Arbitration Act, or any other applicable law.
