Common use of Arbitrator's Jurisdiction Clause in Contracts

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:

Arbitrator's Jurisdiction. A. The arbitrator shall take such evidence as in his judgment is appropriate for resolution of the dispute; however, he he/she shall confine himself himself/herself 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. . B. 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. . C. In those issues wherein the grievant’s relief sought involves back pay or lost wages covering a period of an Employeeemployee’s payroll separation due to suspension or discharge, the amount of the award shall be less any unemployment compensation or interim earnings, earnings received by the aggrieved Employeeemployee. Second jobs or sources of income which the Employee employee received while under employment will not be considered interim income and will not be deducted when awarding lost wages or back pay. . D. 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. . E. The decision and award of the arbitrator shall be final and binding on the UnionAssociation, its members, the aggrieved Employee(semployee(s) and the CITY. Municipality. F. 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 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. . G. With respect to cases of suspension, demotion and discharge, the arbitrator shall decide: 1. Whether there was just cause for discipline or demotion. 2. Whether the severity of the discipline was warranted considering: a. the employee’s length of employment, b. the employee’s past history, c. the nature and circumstances which caused the discipline, d. similar disciplinary actions taken in similar circumstances.

Arbitrator's Jurisdiction. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written to settle the grievance before him. The arbitrator shall take such evidence as in his judgment is appropriate for resolution at all times be governed wholly by the terms of the dispute; however, this Agreement and he shall confine himself to the issues for arbitration and shall have no power or authority to amend, alter or modify this Agreement in any respect. If the issue of arbitrability is raised, the arbitrator shall duly determine any other the merits of the grievance if the issue of arbitrability is affirmatively decided. By accepting a case from the parties, the arbitrator acknowledges his limitations of authority and agrees not so submitted to decide an issue which is outside of his jurisdiction under this Agreement. The arbitrator recognizes that the Employer is governed by certain laws of the State of Michigan, and the arbitrator agrees that this Agreement shall be interpreted and construed consistent with such laws. Any award of the arbitrator shall not directly essential be retroactive prior to reaching a determination on ten (10) calendar days from the dispute at handtime the grievance was first submitted in writing; provided, however, that an arbitrator's award as to payroll computation errors may be retroactive for up to one (1) year prior to the time the grievance was first submitted in writing. The parties understand and agree that in making this Agreement, they have resolved for its terms all bargaining issues which were or could have been made the subject of discussion. The arbitral forum here established is intended to resolve disputes between the parties only over the interpretation or application of the matters which are specifically covered in this Agreement and which are not excluded from arbitration. Excluded from arbitration are grievances which question the exercise of rights set forth in Section 3.1 of this Agreement entitled "Management Rights" over which the Employer is given unilateral discretion in this Agreement. The arbitrator shall have no power to recommend any right establish wage scale rates on new 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 changed 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 payto change any wage rate unless it is provided for in this Agreement. The decision of the arbitrator, in any case, shall not require a retroactive wage adjustment in any other case and awards shall not be binding precedent in like or analogous situations. It is specifically understood and agreed that in no event shall Employer condonation of any past infractions of any work rule, regulation, duty, responsibility, or policy be found to mitigate, in whole or in part, any discipline imposed by the Employer for any current infraction of any work rule, regulation, duty, responsibility, or policy, nor shall an arbitrator so find. It is further specifically understood and agreed that in no event shall any discipline imposed on any employee be submitted mitigated, in writing whole or in part, due to the parties within thirty (30) calendar days length of the hearing’s conclusion unless employee's service with the deadline is mutually extended Employer, except in the sole discretion of the Employer; nor shall an arbitrator have the power to mitigate any discipline imposed by the partiesEmployer based solely upon the employee's length of service with the employer. The decision and award of the arbitrator Arbitration awards shall be final and binding on the UnionEmployer, its membersUnion and employees. However, each party reserves the aggrieved Employee(s) right to challenge, through civil litigation only, arbitration or awards thereunder if the arbitrator has exceeded his jurisdiction or has arrived at his award fraudulently or by improper means. The fees and the CITY. With respect to grievances involving misapplication or misinterpretation expenses 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:be shared equally by the parties, including those instances where the parties reach settlement either prior to, during, or after a hearing. Parties shall each pay their own respective costs, including wages of witnesses called by that party.

Arbitrator's Jurisdiction. The arbitrator’s jurisdiction shall be limited to determining whether a Demand is subject to arbitration as well as the amount due from one Party to other under this Agreement and ordering the payment of such amounts due from one Party to the other Party by a date certain. 26.12.7.1. For a Specified Dispute arising from a Demand involving a Developer’s Phase 1A Payment Request, the arbitrator shall take such evidence as only have jurisdiction to determine whether any amount is owed to Developer in his judgment is appropriate for resolution accordance with this Agreement and to order payment to Developer of the dispute; howeveramount owed. 26.12.7.2. For a Specified Dispute arising from a Demand involving Defective Work, he the arbitrator shall confine himself to the issues for arbitration and shall only have no authority jurisdiction to determine the amount of the reduction, if any, in costs payable to Developer and to order payment to allocate such costs. 26.12.7.3. For a Specified Dispute arising from a Demand involving a Convention Center Payment Request, (a) the arbitrator shall only have jurisdiction to determine whether any other issue not so submitted which amount is not directly essential owed to reaching a determination on Developer in accordance with this Agreement and to order payment to Developer of the dispute at hand. The amount owed, and (b) the arbitrator shall have no power to recommend order the Authority or any right or relief for other Public Agency to pay any period of time prior amount to the effective date Developer in excess 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 sum 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 Project Public Investment Amount (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 paid to Developer pursuant to this Agreement (other than default interest 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(saccordance with this Agreement)) and the CITY. With respect to grievances involving misapplication or misinterpretation proceeds 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 Advance Rent (to the grievance procedures of this Contract or otherwise made subject extent received by any Public Agency and not paid to Developer pursuant to this Agreement. With respect ), to grievances involving disciplinary suspensionsorder any adjustment to the Project Public Investment Amount, 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 Courtorder any payment of the Project Public Investment Amount before it is due and payable under this Agreement. 26.12.7.4. Appeal to Civil Service shall preclude access to binding arbitration. With respect to cases of suspension, demotion and dischargeFor a Specified Dispute arising from a Demand involving an overpayment by Authority, the arbitrator shall decide:only have jurisdiction to determine whether any amount is owed to Authority in accordance with this Agreement and to order payment to Authority of the amount owed. 26.12.7.5. For all Specified Disputes, the costs necessary to retain and commence arbitration shall be shared evenly between Developer and Authority, but the arbitrator may order the non-prevailing party to pay the reasonable attorney’s fees and costs of the prevailing party as part of an award. 26.12.7.6. For all Specified Disputes, the arbitrator shall have no authority or power to do any of the following: (i) award payment of any amount that is not consistent with this Agreement or expressly authorized within the terms of this Agreement; (ii) award any consequential, incidental or punitive damages or any amounts relating to lost profits, lost business opportunity or similar damages; (iii) commit errors of law; (iv) decide any matter related to this Agreement that is not specifically identified as a Specified Dispute arising from a Demand; (v) order injunctive relief or