Common use of Arbitrator's Authority—Contract Cases Clause in Contracts

Arbitrator's Authority—Contract Cases. A. This section applies to all issues involving the application or interpretation of this Agreement; provided, that where the sole issue of contract interpretation involves the Maintenance of Standards provision, and the underlying standard is a statute or constitutional provision, this section shall not apply. B. For issues subject to this section, the award of the arbitrator shall be final and binding upon the City, Union and employees. In making her/his award, the arbitrator shall be limited to interpreting and applying the provisions of this Agreement; s/he shall have no authority to add to, subtract from, or modify the terms of this Agreement as negotiated between the parties. C. The arbitrator shall have full power to take steps necessary to ensure a fair hearing for all concerned, which power shall include, but is not limited to: ordering a party to provide information in its possession or control which is reasonably necessary to the other party's prosecution of its case; ordering a party to make available to testify a person within its control; issuance of witness subpoenas; and taking reasonable steps to ensure that no undue delays in the proceedings occur, consistent with the right of all concerned to a full and fair hearing. D. The arbitrator shall have the authority to provide in her/his award for such relief as is necessary to make the prevailing party whole for all economic losses suffered as a result of a violation of the terms of this Agreement.

Arbitrator's Authority—Contract Cases. A. This section applies to all issues involving the application or interpretation of this Agreement; provided, that where the sole issue of contract interpretation involves the Maintenance of Standards provision, and the underlying standard is a statute or constitutional provision, this section shall not apply. B. For issues subject to this section, the award of the arbitrator shall be final and binding upon the City, Union and employees. In making herhis/his her award, the arbitrator shall be limited to interpreting and applying the provisions of this Agreement; she/he she shall have no authority to add to, subtract from, or modify the terms of this Agreement as negotiated between the parties. C. The arbitrator shall have full power to take steps necessary to ensure a fair hearing for all concerned, which power shall include, but is not limited to: ordering a party to provide information in its possession or control which is reasonably necessary to the other party's prosecution of its case; ordering a party to make available to testify a person within its control; issuance of witness subpoenas; and taking reasonable steps to ensure that no undue delays in the proceedings occur, consistent with the right of all concerned to a full and fair hearing. D. The arbitrator shall have the authority to provide in herhis/his her award for such relief as is necessary to make the prevailing party whole for all economic losses suffered as a result of a violation of the terms of this Agreement.