Arbitrator's Powers and 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 governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, to consider any statute, laws, or other extra-contract agreement not specifically incorporated or referenced in this Agreement. The arbitrator shall have no authority to rule on the discipline, layoff, recall or termination of any probationary employee; or to rule on any matter which is or might be alleged as a grievance if proceedings have been instituted involving this matter in any administrative action before a governmental board, agency or entity or in any court. Further, the arbitrator shall not be empowered to change or set a wage rate or to pass on the propriety of verbal or written warnings administered to employees covered by this Agreement. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the expressed terms of this Agreement as generalized in the management's rights clause herein. If the grievance concerns the exercise of these rights which are not otherwise limited by the expressed terms of this Agreement, the grievance shall not be arbitrable. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any unemployment compensation or compensation for personal services that the employee may have received from any source during the period in question.
Arbitrator's Powers and 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 governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly. In addition, the arbitrator may not consider the following:
Arbitrator's Powers and 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 governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, to rule on the discipline, layoff, recall or termination of any probationary employee, or to rule upon a specific grievance considered settled. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided, and the Employer may request a bifurcated hearing in any proceeding in which the arbitrability of the grievance is at issue. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any unemployment compensation.
Arbitrator's Powers and 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 governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter, or modify this Agreement either directly or indirectly, to rule on the discipline, layoff, recall or termination of any probationary employee or to rule upon any grievances considered settled. If proceedings involving any matter, which is or might be alleged as a grievance are instituted in any administrative action before a governmental board or agency, or in any court, then such administrative or judicial proceeding shall be the sole remedy, and the grievance shall no longer be arbitral. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided, and the Employer may require a bifurcated hearing in any proceeding in which the arbitrability of the grievance is at issue. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any unemployment compensation or compensation for personal services that the employee may have received from any source during the period in question. Arbitrator shall not rule on any subject that is prohibited by State of Federal law.
Arbitrator's Powers and 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 governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly; to rule on the discipline, layoff, recall or termination of any probationary employee; or to rule upon a specific grievance considered settled. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided, and the Employer may request a bifurcated hearing in any proceeding in which the arbitrability of the grievance is at issue. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any unemployment compensation or compensation for personal services from substitute employment that the employee may have received from any source during the period in question.
Arbitrator's Powers and Jurisdiction. The parties understand and agree that in making this Agreement, they have resolved for its term all bargaining issues which were or could have been made the subject of discussions. The arbitrarial forum here established is intended to resolve disputes between the parties only over the interpretations or applications of the matters which are specifically covered in this Agreement and which are not excluded from arbitration. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or any supplementary agreement, nor to rule on any matter except while this Agreement is in full force effect between the parties. The arbitrator shall have no power to establish wage scales or rates, or to change any rate unless it is provided for in this Agreement. The arbitrator shall have no power to provide agreements for the parties in those cases where in this Agreement they have agreed that further negotiations should occur to cover the matters in dispute. In the event a case is appealed to an arbitrator and the arbitrator finds no power to rule on such case, the matter shall be referred back to the parties without decision or recommendation on the case. The award of the arbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award under no circumstances shall be based on other extra contract matters not specifically incorporated in this Agreement.
Arbitrator's Powers and 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 governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule on the discipline, layoff, recall or termination of any probationary employee. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement as generalized in the management rights clause herein. If the grievance concerns the exercise of these rights, which are not otherwise limited by the expressed terms of this agreement, the grievance shall not be arbitral. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided, and either party may request a bifurcated hearing in any proceeding in which the arbitrability of the grievance is at issue. Any award of the arbitrator shall not be retroactive more than five (5) working days prior to the time the grievance was first submitted. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any unemployment compensation or compensations for personal services that the employee may have received from any source during the period in question.
Arbitrator's Powers and Jurisdiction. An arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. An arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to consider any extra-contractual agreements not specifically incorporated in this Agreement by another written agreemnt, including agreements via the practice of the parties. The arbitrator shall not be empowered to consider any question or matter outside of this agreement or pass upon the propriety of written warnings administered to employees covered by this Agreement, to establish wage scales or rates on new or changed jobs, or to change any rate unless it is provided for in this Agreement. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement as generalized in the management rights clause herein. It is also understood that this Agreement covers employees engaged in the care of residents of a nursing home and that the mission of this Facility is to provide exceptional care for the aged and infirm who are residents of this Facility in a professional, respectful and courteous manner. Thus, in any case where an Arbitrator may be called upon to evaluate contract language, it is the intent of the parties, in all cases, that the arbitrator "put the resident first." Exceptional resident care is the primary interest and focus of all parties and all arbitration decisions should be controlled by this principal and the overall mission of this Facility. As such, conduct which might be a minor offense in an industrial setting might well be cause for more serious discipline, up to and including discharge, at this Facility. In addition, if the grievance concerns rights that are not otherwise limited by the express terms of this Agreement, the grievance shall not be arbitrable. Moreover, in cases of disciplinary action imposed as a result of resident abuse, neglect or other mistreatment that has been reported to the appropriate state investigative agency under the state and federal regulations, any disciplinary action imposed shall not be subject to this Grievance Procedure or within the jurisdiction of any Arbitrator. In the event that the procedures of the Michigan Department of Public Health result in a finding that no patient abuse or misconduct occured and no citation or substantiated finding ag...
Arbitrator's Powers and 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 governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter, or modify this Agreement either directly or indirectly, to rule on the discipline, layoff, recall or termination of any probationary employee, to rule on any matter reserved to the Employer, or to rule upon any grievances considered settled. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided or the parties consent, and the Employer may require a bifurcated hearing in any proceeding in which the arbitrability of the grievance is at issue. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any unemployment compensation or compensation for personal services that the employee may have received from within the school district during the period in question.
