Arbitrator's Jurisdiction. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall, at all times, be wholly governed by the terms of this Agreement and shall have no power or authority to add to, amend, modify, nullify, or ignore in any way the provisions of this Agreement. It is the intent of the parties that the grievance and arbitration procedure shall be used during the life of this Agreement to resolve disputes which arise concerning the express provisions of this Agreement which reflect the relinquishment of specific rights by ACSET. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. No award by the arbitrator shall be retroactive more than five (5) days prior to the time that the grievance was first submitted in writing. The arbitrator's decision shall be final and binding on the Union, Employer and employee, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where the award was procured by fraud or undue means, where the arbitrator was guilty of misconduct or where the award is in excess of the arbitrator's authority or inconsistent with applicable law.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, 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. The arbitrator shall, at all times, be wholly governed by the terms of this Agreement and shall have no power or authority to add to, amend, modify, nullify, or ignore in any way the provisions of this Agreement. It is the intent of the parties that the grievance and arbitration procedure shall be used during the life of this Agreement to resolve disputes which arise concerning the express provisions of this Agreement which reflect the relinquishment of specific rights by ACSETthe City. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. No award by the arbitrator shall be retroactive more than five three (53) days prior to the time that the grievance was first submitted in writing, except as provided otherwise by this Agreement. The arbitrator's ’s decision shall be final and binding on the Union, Employer the City and employeeemployees, provided, however, either party retains all legal rights to challenge arbitration and the decisions thereof where the award was procured by fraud or undue means, where the arbitrator was guilty of misconduct or where the award is in excess of the arbitrator's ’s authority or inconsistent with applicable law.
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. The arbitrator shall, at all times, be wholly governed by the terms of this Agreement and shall have no power or authority to add to, amend, modify, nullify, or ignore in any way the provisions of this Agreement. It is the intent of the parties that the grievance and arbitration procedure shall be used during the life of this Agreement to resolve disputes which arise concerning the express provisions of this Agreement which reflect the relinquishment of specific rights by ACSETthe City. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. No award by the arbitrator shall be retroactive more than five three (53) days prior to the time that the grievance was first submitted in writing, except as provided otherwise by this Agreement. The arbitrator's decision shall be final and binding on the Union, Employer the City and employeeemployees, provided, however, either party retains all legal rights to challenge arbitration and the decisions thereof where the award was procured by fraud or undue means, where the arbitrator was guilty of misconduct or where the award is in excess of the arbitrator's authority or inconsistent with applicable law.
Appears in 1 contract
Samples: Collective Bargaining Agreement