Arbitrator's Jurisdiction. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall be at all times wholly governed by the terms of this Agreement, and 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 4.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work 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 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'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 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: Letter of Agreement, Agreement
Arbitrator's Jurisdiction. The arbitrator's ’s powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator 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 4.1 3.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work assignmentsassignments (not reclassification), 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 award 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 his 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. The fees and expenses of the arbitrator shall be shared equally by the Union and the County.
Appears in 2 contracts
Arbitrator's Jurisdiction. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator He shall be at all times wholly governed by the terms of this Agreement, and 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 4.1 3.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work assignmentsassignments (not reclassification), 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 award 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 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: Agreement
Arbitrator's Jurisdiction. The arbitrator's ’s powers shall be limited to the application and interpretation of this Agreement as writtenwritten to settle the grievance before him. The arbitrator shall be at all times be governed wholly governed by the terms of this Agreement, Agreement and they shall have no power or authority to amend, alter or modify this Agreement in 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 4.1 hereof. The arbitrator shall have no authority to rule upon job descriptions, work 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 determine the merits of the grievance if arbitrability is affirmatively decided. By accepting a case from the parties, the arbitrator acknowledges their limitation of authority and agrees not to decide an issue which is outside of their 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 be retroactive more than fifteen (15) days prior to ten (10) working 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 In writing. The arbitrator's decision Arbitration awards shall be final and binding on the UnionEmployer, Union and employees. However, each party reserves the County and its employeesright to challenge, providedthrough civil litigation only, 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 awards thereunder if the arbitrator was guilty of misconduct has exceeded their jurisdiction or exceeded his powers has arrived at their award fraudulently or jurisdiction. Nothing herein shall be construed as limiting either party from challenging the decision of the arbitrator as to arbitrability of an issueby improper means. The fees and expenses of the arbitrator shall 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 the party. If the Union and unilaterally withdraws a grievance from arbitration prior to hearing, the CountyUnion shall pay all costs of the arbitrator as assessed.
Appears in 1 contract
Samples: Agreement
Arbitrator's Jurisdiction. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator He shall be at all times wholly governed by the terms of this Agreement, and 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 4.1 hereof. The arbitrator He shall have no authority to rule upon job descriptions, work 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 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'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 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: Agreement