Arbitrator Jurisdiction Sample Clauses

Arbitrator Jurisdiction. No arbitrator shall entertain, hear, decide, or make recommendations on any dispute involving a position over which a formally recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in Section 35 (Grievances).
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Arbitrator Jurisdiction. The arbitrator has jurisdiction to hear and determine the real issue in dispute and to decide the matter in accordance with law and equity, to extend time limits, and to relieve against technical irregularities.
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Arbitrator Jurisdiction. The Arbitrator shall have jurisdiction to consider any grievance properly submitted to him/her under the terms of this Agreement (including whether a matter is arbitrable or not). The Arbitrator shall have no jurisdiction to alter, modify, amend or make any decision inconsistent with the terms of this Agreement. The Arbitrator shall, in the case of disciplinary or discharge grievances, have the authority to determine whether the disciplinary or discharge action taken by the Company was for just cause. The Arbitrator may render such orders as it considers just and reasonable, including, but without limiting the generality of the foregoing, the exoneration and reinstatement of the grievor, the reduction or modification of the discharge or discipline, and the compensation of the grievor. The Arbitrator shall have the jurisdiction, at any time before rendering a final decision, to make any interim decision that it considers just and reasonable. Without limiting the generality of the foregoing, it shall have the jurisdiction to make decisions regarding the rights of the parties, the interpretation of the Agreement or the reinstatement of an employee and to reserve its jurisdiction on questions of quantum.
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Arbitrator Jurisdiction. (a) The arbitrator shall not have jurisdiction to alter or change any provisions of this agreement (b) The function of the arbitrator shall be to interpret and apply this Agreement. The arbitrator shall deal only with the specific questions as identified in the grievance presentation and the answer in Article 7.03 hereof.
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Arbitrator Jurisdiction. 16.3.4.1 The Arbitrator shall have jurisdiction to consider any grievance properly submitted to him under the terms of this Agreement (including whether a matter is arbitrable or not). The Arbitrator shall have no jurisdiction to alter, modify, amend, or make any decision inconsistent with the terms of this Agreement. 16.3.4.2 The Arbitrator shall, in the case of disciplinary or discharge grievances, have the authority to determine whether the disciplinary or discharge action taken by the Company was for just cause. The Arbitrator may render such orders as it considers just and reasonable, including but without limiting the generality of the foregoing, the exoneration and reinstatement of the grievour, the reduction or modification of the discharge or discipline, and the compensation of the grievour. 16.3.4.3 The Arbitrator shall have the jurisdiction, at any time before rendering a final decision, to make any interim decision that it considers just and reasonable. Without limiting the generality of the foregoing, it shall have the jurisdiction to make decisions regarding the rights of the parties, the interpretation of the Agreement or the reinstatement of an employee and to reserve its jurisdiction on questions of quantum.
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Arbitrator Jurisdiction. The Arbitrator shall have jurisdiction to resolve the question in dispute between the parties including the jurisdiction to determine whether a matter referred to the Arbitrator is arbitrable. All decisions arrived at by the Arbitrator must be consistent with Company policy and with the provisions of this Agreement, and shall be final and binding on the Employee, the Pilot Association and the Company. The Arbitrator shall, in the case of disciplinary or discharge grievances, have the authority to determine whether the Company’s action was taken for just cause. The Arbitrator may decide to uphold the discipline or discharge, exonerate and reinstate the griever, reduce or modify the discharge or discipline, substitute such other penalty as the Arbitrator deems just and reasonable in the circumstances, and make the griever whole either fully or in part if the Arbitrator deems such to be appropriate. The Arbitrator shall not have jurisdiction to establish new provisions or to change in whole or in part any provision of this Agreement. The fees, charges and expenses of the Arbitrator be shared equally by the parties hereto. At any hearing held throughout these Arbitration proceedings the Association and the Company shall have the right to be represented by any they may choose or designate The Association and the Company shall be given every opportunity to present evidence, make representations, and present, examine and witnesses. Agreed Document December (Page of 4) The parties will cooperate fully in meeting any requirement for employees to be granted leave without pay at no extra cost to the Company in order to act as Association witnesses giving evidence at the hearing. The expenses lost time of the griever be borne by that party, and the expenses and time of witnesses for either party shall be borne by that party.
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Arbitrator Jurisdiction. The arbitrator shall have jurisdiction over all questions involving the interpretation and application or any clause of this Agreement. The arbitrator shall have no authority to add to or delete any provision of this Agreement. The decision of the arbitrator shall be final and binding upon the parties.
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Arbitrator Jurisdiction. The arbitrator shall not be empowered and shall have no jurisdiction to base his award on any alleged custom, practice or understanding, which occurred prior to the effective date of this Agreement. The arbitrator shall not be empowered to hear more than one (1) grievance at any time unless it involves identical facts or unless the parties have otherwise in writing prior to the proceeding. The fees and expenses of the arbitrator shall be borne by the losing party.
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Arbitrator Jurisdiction. The jurisdiction and authority of the arbitrator of the grievance and the arbitrator's opinion and award shall be confined exclusively to the interpretation and/or application of the express provision or provisions of this Agreement or the Museum's rules and regulations at issue between the Union and the Museum, as specified in the written grievance filed by the aggrieved Employee at Step 2 of the grievance procedure set forth in the Grievance Procedure Article of this Agreement. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement, the Museum's rules and regulations, or applicable State or local law, or impose on either party hereto a limitation or obligation not explicitly provided for in this Agreement or in the Museum's rules and regulations. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Museum and the Union. The award of the arbitrator, in writing, on the merits of any grievance adjudicated within the arbitrator's jurisdiction and authority shall be served on both the Museum and the Union. The arbitrator's award with respect to any grievance as defined in Section 1 of the Grievance Procedure Article shall be final and binding on the aggrieved employee or employees, the Museum and the Union.
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Related to Arbitrator Jurisdiction

  • Arbitrator's Jurisdiction The arbitrator shall take such evidence as in his judgment is appropriate for resolution of the dispute; however, he shall confine himself to the issues for arbitration and shall have no authority to determine any other issue not so submitted which is not directly essential to reaching a determination on the dispute at hand. The arbitrator shall have no power to recommend any right or relief for any period of time prior to the effective date of the Agreement under which the grievance was initiated. In those issues wherein the grievant’s relief sought involves back pay or lost wages covering a period of an Employee’s payroll separation due to suspension or discharge, the amount of the award shall be less any unemployment compensation or interim earnings, received by the aggrieved Employee. Second jobs or sources of income which the Employee received while under employment will not be considered interim income and will not be deducted when awarding lost wages or back pay. The decision of the arbitrator shall be submitted in writing to the parties within thirty (30) calendar days of the hearing’s conclusion unless the deadline is mutually extended by the parties. The decision and award of the arbitrator shall be final and binding on the Union, its members, the aggrieved Employee(s) and the CITY. With respect to grievances involving misapplication or misinterpretation of this Agreement, the grievance and arbitration procedure contained in this Article shall be the sole and exclusive remedy available to employees, and the parties hereto as this procedure is intended to supersede all conflicting provisions of the Ohio Revised Code regarding any and all matters subject to the grievance procedures of this Contract or otherwise made subject to this Agreement. With respect to grievances involving disciplinary suspensions, demotions or dismissals the election of remedies, as set forth above, shall be mutually exclusive. Choice of binding arbitration shall thereafter preclude appeal to Civil Service or to Court. Appeal to Civil Service shall preclude access to binding arbitration. With respect to cases of suspension, demotion and discharge, the arbitrator shall decide:

  • WORK JURISDICTION Par. 1. It is agreed by the parties to this Agreement that all work specified in Article IV shall be performed exclusively by Elevator Constructor Mechanics, Elevator Constructor Helpers, Elevator Constructor Apprentices and Elevator Constructor Assistant Mechanics in the employ of the Company. (a) The handling and unloading of all equipment coming under the jurisdiction of the Elevator Constructor, from the time such equipment arrives at or near the building site, shall be handled and unloaded by the Elevator Constructors. Mechanical equipment such as a fork lift or truck mounted swing boom may be used by the Elevator Constructors. A xxxxxxx, xxxxx or material hoist can be used under the supervision of Elevator Constructors to handle and unload the heavy material described in Par. 5(a). Where unusual conditions are expected to exist prior to delivery of equipment at or near the building site in regard to handling and unloading of equipment in the primary or secondary jurisdiction of the local union, the Company shall contact the Local's Business Representative to make appropriate arrangements for the handling and unloading of such equipment. In areas outside the jurisdiction of the local union, the Company shall contact the Regional Director. (b) The erecting and assembling of all elevator equipment to wit: electric, hydraulic, steam, belt, dumbwaiters, residence elevators, parking garage elevators (such as Xxxxxx, Pigeon Hole, or similar types of elevators), shuttles, compressed air and handpower, automatic people movers, monorails, airport shuttles and like-named devices used in the transportation of people for short distances of travel (less than 5 miles), as well as vertical reciprocating conveyor systems. (c) It is understood and agreed that the preassembly of all escalators, moving stairways and link belt carriers that may be done in the factory shall include the following: 1. Truss or truss sections with tracks, drive units, machines, handrail drive sheaves, drive chains, skirts on the incline sections but not curved sections, step chains and steps installed and permanently aligned. 2. Balustrade brackets may be shipped attached but not aligned. 3. Setting of all controllers and all wiring and conduit from the controller. All other work on escalators, moving stairways and link belt carriers shall be performed in the field by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics either before or after the truss or truss sections are joined and/or hoisted and placed in permanent position. This includes any and all work not done in the factory. The erecting and assembly of all theater stage and curtain elevator equipment and guides and rigging thereto, organ consoles and orchestra elevators shall be performed by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics. (d) All wiring, conduit, and raceways from main line feeder terminals on the controller to other elevator apparatus and operating circuits. Controllers are not to be shipped from the factory with extended wiring attached thereto. (e) The erecting of all guide rails. (f) The installation of all grating under the control of the Company. The installation of all counterweight screens, overhead work, either wood or iron, and all material used for mounting of elevator apparatus in machine room, overhead or below. (g) The drilling of overhead beams for attaching machines, sheaves, kick angles, and all other elevator equipment. (h) The setting of all templates. (i) All foundations, either of wood or metal, that should take the place of masonry. (j) The assembly of all cabs complete. (k) The installation of all indicators. (1) The erecting of all electrical or mechanical automatic or semi-automatic gates complete.

  • Jurisdiction of Arbitrator The jurisdiction and authority of the arbitrator of the grievance and his or her opinion and recommendation shall be confined to the express provision or provisions of this agreement at issue between the Association and the Board. The arbitrator shall have no authority to add to, alter, amend, or modify any provision of this agreement, or to make any recommendation which will in any way deprive the Board of any of the powers delegated to it by law. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Board and the Association. The recommendation in writing of the arbitrator within his or her jurisdiction and authority as specified in this agreement shall be final and binding on the aggrieved employee or employees, the Association, and the Board.

  • Jurisdiction of the Arbitrator The arbitrator shall have no power to alter, add to, subtract from the terms of this Agreement. The arbitrator's decision will be based upon the specific provisions of this Agreement. This arbitration provision shall be for grievances only.

  • Jurisdiction All questions concerning the construction, validity, enforcement and interpretation of this Warrant shall be determined in accordance with the provisions of the Purchase Agreement.

  • Jurisdictional Disputes 27.01 A mark-up meeting will be held with each contractor not later than the commencement of the contractor's work on all projects and no assignments shall be made before this mark- up. Xxxx-up assignments shall also apply to all sub- contractors. If a jurisdictional dispute arises once the work has commenced, assignments will be made in accordance with procedures, rules and regulations of the National Joint Board Building Trades Department, A.F.L. & C.I.O. The work assignment shall not be completed until a meeting on site has been convened with all Parties involved and until a subsequent meeting (not later than twenty-four (24) hours) has taken place, at which the contractor shall present the work assignment on paper to all parties. 27.02 In the event such jurisdictional dispute cannot be settled on a Local basis by the Unions involved, such dispute shall be submitted to the International Unions involved for settlement without permitting it to interfere in any way with the progress of the work at any time. In the event the dispute is not settled by the International Unions involved, it shall then be submitted to the National Joint Board for resolution. It is understood and agreed, however, that if the dispute causes any delay in the progress of the work or gives rise to an apprehended delay, any of the Parties hereto may apply to the Labour Relations Board (Nova Scotia) Construction Panel for an Interim Order under Section 50 of the Trade Union Act, Chapter 311, R.S.N.S. 1967, amended.

  • Court of Jurisdiction Both DBS and the Member agree that the Tokyo District Court will be the exclusive court of jurisdiction in the first instance in any dispute and/ or legal action relating to the rights and obligations under this Agreement or an Individual Contract.

  • TERRITORIAL JURISDICTION The Territorial Jurisdiction of this Collective Agreement is the whole area within the boundaries of the Province of Ontario.

  • Legal Jurisdiction The agreement shall be deemed to have been concluded in Jodhpur, Rajasthan and all obligations hereunder shall be deemed to be located at Jodhpur, Rajasthan and Court within Jodhpur, Rajasthan will have Jurisdiction to the exclusion of other courts.

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