Common use of Arbitrator's Powers and Jurisdiction Clause in Contracts

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, 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 term 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, 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 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, to consider any statute, laws, or other extra-contract agreement agreements 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 to. the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms tenns 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-extra- contract agreement agreem.ents 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 ternlS of this Agreement as generalized in the management's rights clause herein. If the Ifthe 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, 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 express terms of this Agreement as generalized in the management's management rights clause herein. If the grievance concerns the exercise of these rights rights, which are not otherwise limited by the expressed terms of this Agreementagreement, 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, 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 compensation compensations 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 ’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 the Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to consider any statute, laws, or other extra-contract agreement agreements 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; . The arbitrator shall have no power to establish wage scales or rates on new or changed jobs, or to rule on change any matter which rate unless it is or might be alleged as a grievance if proceedings have been instituted involving this matter provided for 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 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 arbitrable. If the issue of arbitrability is raised, then the arbitrator shall first determine the issue of arbitrability before addressing the merits of any grievance. Any award of the arbitrator shall not determine be retroactive more than five (5) working days prior to the merits of any time the grievance unless arbitrability has been affirmatively decidedwas first submitted in writing. 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, provided that the mitigation required by this section shall be calculated on a weekly basis with no more than forty (40) hours of substitute employment to be used each week. This limitation on a back-pay award does not apply to income from part-time employment outside the employee’s regular work hours existing prior to any termination.

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 express terms of this Agreement as generalized in the management's management rights clause herein. If the grievance concerns the exercise of these rights rights, which are not otherwise limited by the expressed terms of this Agreementagreement, the grievance shall not be arbitrablearbitral. 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 compensation compensations for personal services that the employee may have received from any source during the period in question.