Arbitrator's Jurisdiction. The arbitrator’s powers shall be limited to the application and interpretation of this Agreement as written. He shall be at all times wholly governed by the terms of this Agreement, and they shall have no power or authority to amend, alter or modify this Agreement in any respect. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement, as generalized in Section 3.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work assignments (not reclassification), work standards or personnel requirements. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. Any reward of the arbitrator shall not be retroactive more than fifteen (15) days prior to the time that the grievance was first submitted in writing; provided, however, that in situations where the events causing the grievance were unknown to the grievant, if appropriate, the award may be retroactive not more than sixty (60) days prior to the time the grievance was first submitted in writing. The arbitrator shall have no authority to award interest on monetary awards. The arbitrator’s decision shall be final and binding on the Union, the County and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where the award was procured by fraud or undue means, or where the arbitrator was guilty of misconduct or exceeded their powers or jurisdiction. Nothing herein shall be construed as limiting either party from challenging the decision of the arbitrator as to arbitrability of an issue.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitrator's Jurisdiction. The arbitrator’s 's powers shall be limited to the application and interpretation of this Agreement as written. He The arbitrator shall be at all times wholly governed by the terms of this Agreement, and they shall have no power or authority to amend, alter or modify this Agreement in any respect. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement, as generalized in Section 3.1 4.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work assignments (not reclassification)assignments, work standards or personnel requirements. The arbitrator shall have no authority to award interest on monetary awards. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. Any reward award of the arbitrator shall not be retroactive more than fifteen (15) days prior to the time that the grievance was first submitted in writing; provided, however, that in situations where the events causing the grievance were unknown to the grievant, if appropriate, the award may be retroactive not more than sixty (60) days prior to the time the grievance was first submitted in writing. The arbitrator shall have no authority to award interest on monetary awards. The arbitrator’s 's decision shall be final and binding on the Union, the County and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where the award was procured by fraud or undue means, or where the arbitrator was guilty of misconduct or exceeded their his powers or jurisdiction. Nothing herein shall be construed as limiting either party from challenging the decision of the arbitrator as to arbitrability of an issue. The fees and expenses of the arbitrator shall be shared equally by the Union and the County.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitrator's Jurisdiction. The arbitrator’s powers shall be limited to the application and interpretation of this Agreement as written. He shall be at all times wholly governed by the terms of this Agreement, and they he shall have no power or authority to amend, alter or modify this Agreement in any respect. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement, as generalized in Section 3.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work assignments (not reclassification), work standards or personnel requirements. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. Any reward of the arbitrator shall not be retroactive more than fifteen (15) days prior to the time that the grievance was first submitted in writing; provided, however, that in situations where the events causing the grievance were unknown to the grievant, if appropriate, the award may be retroactive not more than sixty (60) days prior to the time the grievance was first submitted in writing. The arbitrator shall have no authority to award interest on monetary awards. The arbitrator’s decision shall be final and binding on the Union, the County and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where the award was procured by fraud or undue means, or where the arbitrator was guilty of misconduct or exceeded their his powers or jurisdiction. Nothing herein shall be construed as limiting either party from challenging the decision of the arbitrator as to arbitrability of an issue.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitrator's Jurisdiction. The arbitrator’s powers shall be are limited to the application and interpretation of this the written Agreement as writtento settle the grievance before him. He The arbitrator shall be at all times be governed wholly governed by the terms of this Agreement, and they shall have no power or authority to amend, alter or modify this Agreement in any respect. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement, as generalized in Section 3.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work assignments (not reclassification), work standards or personnel requirements. If the issue of arbitrability is raised, the arbitrator shall only decide duly determine 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 to decide an issue that 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 reward award of the arbitrator shall not be retroactive more than fifteen (15) days prior to ten (10) calendar days from the time that the grievance was first submitted in writing; provided, however, that in situations where the events causing the grievance were unknown an arbitrator’ s award as to the grievant, if appropriate, the award payroll computation errors may be retroactive not more than sixty for up to one
(601) days 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. Any grievance challenging the Employer’s exercise of “Management Rights” as set forth in Section 3.1 of this Agreement is specifically excluded from arbitration because this Agreement gives the Employer unilateral discretion over the exercise of those rights. The arbitrator shall have no authority power to award interest establish wage scale rates on monetary awardsnew or changed jobs or to 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’s decision 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 mitigated, in whole or in part, due to the length of the employee’s service with the Employer, except in the sole discretion of the Employer, nor shall an arbitrator have the power to mitigate any discipline imposed by the Employer based solely upon the employee’s length of service with the Employer. Arbitration awards shall be final and binding on the Employer, Union, and employees. However, the County parties retain the right to challenge, through civil litigation only, any arbitration or award if the arbitrator has exceeded his jurisdiction, or has arrived at his award fraudulently or by improper means. The fees and its employeesexpenses of arbitration shall be shared equally by the parties, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof including those instances where the award was procured by fraud or undue meansparties reach settlement either prior to, during, or where the arbitrator was guilty after a hearing. Parties shall each pay their own respective costs, including wages of misconduct or exceeded their powers or jurisdiction. Nothing herein shall be construed as limiting either party from challenging the decision of the arbitrator as to arbitrability of an issuewitnesses called by that party.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitrator's Jurisdiction. The arbitrator’s 's powers shall be limited to the application and interpretation of this Agreement as written. He shall be at all times wholly governed by the terms of this Agreement, and they he shall have no power or authority to amend, alter or modify this Agreement in any respect. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement, as generalized in Section 3.1 4.1 hereof. The arbitrator He shall have no authority to rule upon job descriptions, work assignments (not reclassification)assignments, work standards or personnel requirements. The arbitrator shall have no authority to award interest on monetary awards. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. Any reward award of the arbitrator shall not be retroactive more than fifteen (15) days prior to the time that the grievance was first submitted in writing; provided, however, that in situations where the events causing the grievance were unknown to the grievant, if appropriate, the award may be retroactive not more than sixty (60) days prior to the time the grievance was first submitted in writing. The arbitrator shall have no authority to award interest on monetary awards. The arbitrator’s 's decision shall be final and binding on the Union, the County and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where the award was procured by fraud or undue means, or where the arbitrator was guilty of misconduct or exceeded their his powers or jurisdiction. Nothing herein shall be construed as limiting either party from challenging the decision of the arbitrator as to arbitrability of an issue. The fees and expenses of the arbitrator shall be shared equally by the Union and the County.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitrator's Jurisdiction. The arbitrator’s 's powers shall be limited to the application and interpretation of this Agreement as written. He shall be at all times wholly governed by the terms of this Agreement, and they he shall have no power or authority to amend, alter or modify this Agreement in any respect. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement, as generalized in Section 3.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work assignments (not reclassification), work standards or personnel requirements. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. Any reward of the arbitrator shall not be retroactive more than fifteen (15) days prior to the time that the grievance was first submitted in writing; provided, however, that in situations where the events causing the grievance were unknown to the grievant, if appropriate, the award may be retroactive not more than sixty (60) days prior to the time the grievance was first submitted in writing. The arbitrator shall have no authority to award interest on monetary awards. The arbitrator’s 's decision shall be final and binding on the Union, the County and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where the award was procured by fraud or undue means, or where the arbitrator was guilty of misconduct or exceeded their his powers or jurisdiction. Nothing herein shall be construed as limiting either party from challenging the decision of the arbitrator as to arbitrability of an issue.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitrator's Jurisdiction. The arbitrator’s powers shall be limited to the application and interpretation of this Agreement as written. He shall be at all times wholly governed by the terms of this Agreement, and they he shall have no power or authority to amend, alter or modify this Agreement in any respect. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement, as generalized in Section 3.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work assignments (not reclassification), work standards or personnel requirements. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. Any reward of the arbitrator shall not be retroactive more than fifteen (15) days prior to the time that the grievance was first submitted in writing; provided, however, that in situations where the events causing the grievance were unknown to the grievant, if appropriate, the award may be retroactive not more than sixty (60) days prior to the time the grievance was first submitted in writing. The arbitrator shall have no authority to award interest on monetary awards. The arbitrator’s decision shall be final and binding on the Union, the County and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where the award was procured by fraud or undue means, or where the arbitrator was guilty of misconduct or exceeded their his powers or jurisdiction. Nothing herein shall be construed as limiting either party from challenging the decision of the arbitrator as to arbitrability of an issue.
Appears in 1 contract
Samples: Collective Bargaining Agreement