Arbitrator Limitations. 1. Only disputes involving the interpretation, application or alleged violation of a provision of this Agreement shall be subject to arbitration. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, nor shall he/she impose on either party a limitation or obligation not specifically required by the express language of this Agreement. Questions of arbitrability shall be decided by the arbitrator. Once a determination is made that a matter is arbitrable, or if such preliminary determination cannot be reasonably made, the arbitrator shall then proceed to determine the merits of the dispute.
2. The arbitrator shall have authority to subpoena witnesses pursuant to Section 2711.06, of the Ohio Revised Code. Upon receiving a request to issue a subpoena(s) the arbitrator shall contact the other party and hear and consider objections to the issuance of said subpoena(s). If the arbitrator sustains the objection to the issuance of the subpoena, the arbitrator shall inform the parties at least five (5) days prior to the hearing. The arbitrator shall not subpoena persons to offer repetitive testimony.
3. When the arbitrator determines that too many employees from the same facility have been subpoenaed thereby impeding the ability of the Agency to carry out its mission or inhibit the Agency’s ability to conduct an efficient operation, he/she shall make alternate arrangements to hear the testimony.
Arbitrator Limitations. Only disputes involving the interpretation, application or alleged violation of specific provisions of this Agreement shall be subject to arbitration. The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement nor shall the arbitrator impose on either party a limitation or obligation not specifically required by the express language of this Agreement.
Arbitrator Limitations. The Arbitrator shall not have the power to add to, ignore, or modify any of the terms, conditions or sections of this Agreement. His/her decision shall not go beyond what is necessary for the interpretation and application of this Agreement in the case of the specific grievance at issue. The Arbitrator shall not substitute his/her judgment for that of the Parties in the exercise of rights granted or retained by this Agreement.
Arbitrator Limitations. Only one (1) grievance, including “group” grievances, may be decided by the Arbitrator at any hearing, however, the parties may agree to waive this requirement in writing. The Arbitrator shall not have the power to add to, ignore, or modify any of the terms, conditions or sections of this Agreement. His/her decision shall not go beyond what is necessary for the interpretation and application of this Agreement in the case of the specific grievance at issue. The Arbitrator shall not substitute his/her judgment for that of the Parties in the exercise of rights granted or retained by this Agreement. The Arbitrator shall render no award which shall be retroactive beyond the date the grievance was originally filed with Employer (except in cases of improper wage rate), or impose any liability not explicitly expressed herein.
Arbitrator Limitations. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter of subject arising out of or in connection with such proposal, may be referred for arbitration under this Section; and no Arbitrator shall have the power to amend or modify or recommend amendment or modification of this Memorandum of Understanding or any written agreements or addenda supplementary hereto or to establish or recommend establishment of any new terms and conditions of employment.
Arbitrator Limitations. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant's position or discontinuance of out-ofclass work assignments. BU 10 (01-03)
Arbitrator Limitations. It shall be the function of the arbitrator to be only empowered to make a decision in cases of alleged violation of the specific Articles and sections of this agreement. The arbitrator's power shall be limited by the following:
Arbitrator Limitations. 1. Only disputes involving the interpretation, application or alleged violation of a provision of this Agreement shall be subject to arbitration. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, nor shall he/she impose on either party a limitation or obligation not specifically required by the express language of this Agreement.
2. The arbitrator shall have authority to subpoena witnesses pursuant to Section 2711.06, of the Ohio Revised Code. Upon receiving a request to issue a subpoena(s) the arbitrator shall contact the other party and hear and consider objections to the issuance of said subpoena(s). If the arbitrator sustains the objection to the issuance of the subpoena, the arbitrator shall inform the parties at least five (5) days prior to the hearing. The arbitrator shall not subpoena persons to offer repetitive testimony.
3. When the arbitrator determines that so many employees from the same facility have been subpoenaed that would impede the ability of the agency to carry out its mission or inhibit the agency's ability to conduct an efficient operation, he/she shall make alternate arrangements to hear the testimony.
Arbitrator Limitations. The Arbitrator shall have no power to add, subtract, disregard, alter, or modify any of the terms of this Agreement.
Arbitrator Limitations. The arbitrator shall act in a judicial, not legislative, capacity and shall have no right to recommend to, amend, modify, nullify, ignore, add to or subtract from the provisions of this Contract. He/she shall only consider and make a decision with respect to the specific issue submitted, and shall have no authority to make a decision on any other issue not so submitted to him/her. The arbitrator shall be without power to make a decision contrary to or inconsistent with or modifying or varying in any way the application of statutory or decisional law or any rules and regulations having the force and effect of law. A decision by the arbitrator rendered consistent with the terms of this Contract shall be final and binding.
