Arbitrator’s Power. An arbitrator shall have no power or authority to require either the Association or the District to perform any act not expressly prohibited by this Agreement. An arbitrator shall have no power or authority to alter, add to, subtract from, or modify any provision of this Agreement.
Arbitrator’s Power. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement; nor shall the arbitrator in deciding a case where the arbitrator feels there is a conflict between the Agreement and law, vary from interpreting the Agreement; nor shall the arbitrator in deciding a case imply into the Agreement provisions which are not in the written terms of the Agreement; nor shall the arbitrator substitute the arbitrator's discretion for that of the Employer; nor shall the arbitrator exercise any responsibility or function of the Employer.
Arbitrator’s Power. The Arbitrator shall be limited to the application and interpretation of this Agreement. The Arbitrator shall also be obligated to interpret this Agreement in light of laws applicable to and affecting municipalities. The Arbitrator shall have no power to:
A. Add to, or subtract from, alter or modify any of the terms of this Agreement.
B. Establish wage scales except as provided for under the terms of this Agreement.
C. Require the Employer to purchase building, equipment or material.
D. Substitute the Arbitrator's discretion for the Employer's discretion in cases where the Employer is given discretion by this Agreement.
E. Decide any question which, under this Agreement, is within the responsibilities of management to decide. In rendering decisions, an Arbitrator shall have due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement.
Arbitrator’s Power. 1. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement nor shall he/she substitute his/her discretion for that of the Employer or the Union where such discretion has been retained by the Employer or the Union, nor shall he/she exercise any responsibility or function of the Employer or the Union, nor shall he/she impose on either party a limitation or obligation not explicitly provided for in this Agreement.
2. The jurisdiction and authority of the arbitrator and his/her opinion and award shall be confined exclusively to the interpretation and/or application of the express provisions of this Agreement at issue between the Union and the Company.
3. Where either party challenges the jurisdiction of the arbitrator, a hearing will be held to determine whether the arbitrator does have jurisdiction before the hearing can be held on the merits. The arbitrator shall have no authority in any circumstances to award back pay or any other monetary relief for any period of time which pre-dates 15 days from the date the grievance is filed, nor shall the arbitrator award back pay or other monetary relief which is greater than the grievant would have been entitled to if there had been no violation.
4. The arbitrator shall have no authority to establish wage and salary scales, to change any wage or salary rate, or change classification descriptions except as otherwise provided in this Agreement.
5. The arbitrator shall have no authority to reinstate a grievant, but only to award applicable monetary damages to the end of the appointment period. Computation of back wages or benefits, if appropriate, must include offsets for unemployment compensation, Workers Compensation, and wages and benefits earned with other employers during the computation period.
6. The Arbitrator may make no award which provides the employee compensation greater than would have resulted had there been no violation.
7. If a grievance is appealed to arbitration and the arbitrator finds no authority to rule on such case, the matter shall be returned to the parties without decision or recommendation on the merits of the case.
Arbitrator’s Power. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement or any other Agreement made supplementary hereto, it being the intent of the parties that the express and specific provisions of this Agreement shall govern the entire relationship of the parties and shall be the sole source of any and all rights or claims which either party may assert against the other.
Arbitrator’s Power. Authority The arbitrator will be without power or authority to alter, add to, or detract from the provisions of this Agreement or to make a decision which:
(a) is a violation of or inconsistent with any of the terms of this Agreement or applicable law;
(b) exceeds his or her jurisdiction and authority under the law and this Agreement;
(c) involves any matter which by law or under the terms of this Agreement is within the exclusive authority of the City; or
(d) involves any matter wherein the City's decision is final and binding under the terms of this Agreement or by law.
Arbitrator’s Power. Insofar as such arbitration if limited solely and simply to interpretation and implementation of the terms of this contract, both parties agree to abide by the results of the finding of the arbitrator. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Article and Sections of this agreement. • He/she shall have no power to establish salary structures. • His/her powers shall be limited to deciding whether the Board has violated the expressed Articles or Sections of the Agreement. • All claims for back wages shall be limited to the amount of wages that an employee would have otherwise earned, less any unemployment or other compensation that he may have received from any source during the period of back pay. No decision in any one case shall require a retroactive wage adjustment in any other case. In any case, an award shall not go back further than the beginning date of the Agreement in effect at the time the grievance arose.
Arbitrator’s Power. The Arbitrator will interpret the Agreement and determine if it has been violated. They will have no power to add to, subtract from, or to modify the terms of this Agreement. The Arbitrator’s decision will be in writing and will set forth their findings of fact, reasoning and conclusions on the issues submitted.
Arbitrator’s Power. The arbitrator’s powers shall be limited to the application and interpretation of this Agreement as written, and the arbitrator shall be governed at all times wholly by the terms of this Agreement. The arbitrator shall have no power or authority to alter or modify this Agreement in any respect, directly or indirectly, or any authority to hear or determine any dispute involving the exercise of any of the City’s inherent rights not specifically limited by the express terms of this Agreement. Further, the arbitrator shall not be empowered to consider any question or matter outside this Agreement or pass upon the propriety of written warnings administered to employees covered by this Agreement, set any wage rate, or specify the terms of a new Agreement. The arbitrator shall have no authority to award interest. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance if arbitrability is affirmatively decided. The arbitrator’s decision shall be final and binding upon the Union, the City, and employees in the bargaining units, provided, however, that either party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement. Any award of the arbitrator on a grievance involving a continuing violation shall not be retroactive any earlier than the time the grievance was first submitted in writing.
Arbitrator’s Power. The arbitrator’s powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall be at all times governed wholly by the terms of this Agreement 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 only determine the merits of the grievance if 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 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 that the Employer exists for the purpose of serving the public 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 prior to the time the grievance was first submitted in writing.
