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 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 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.