Common use of Authority of Arbitration Board Clause in Contracts

Authority of Arbitration Board. The power and authority of the Arbitration Board shall be limited to: (a) matters involving the correctness of the classification of employees, provided that the absence of a classification from the list of classifications authorized for use at a particular plant by the Company shall not preclude the application of that classification at that plant, provided the requested classification is an established hourly classification under this Agreement and provided further the application of the requested classification is proper, based upon the work performed; and (b) applying and interpreting the provisions of the Agreement including written memorandum and letters of understanding between the Company and the National Union that relate to and supplement the terms of this Agreement except as may otherwise appear in said Agreements. (c) in proper cases, modifying penalties assessed by the Management in disciplinary discharges and layoffs. (d) grievances submitted charging a violation of the Company’s express commitments set forth in Section (1.15) of the Agreement or Section (17.16) (a), Section (17.17) or Section (17.19) of the Skilled Trades Section. The Arbitration Board may not determine that any Plant Management decision regarding the letting of a contract for maintenance or construction work or for the in-plant fabrication of tools, dies, jigs, and fixtures or any Plant Management decision to buy tools, dies, or models rather than make them violated the express provisions of Section (1.15) of the Agreement or Section (17.16) (a), Section (17.17) or Section (17.19) of the Skilled Trades Section, unless: the Arbitration Board finds that the decision complained of has resulted, or will result, directly in the layoff of journeypersons or temporary employees in the affected classifications at the plant on layoff, and (2) unless the Arbitration Board finds that, in making the disputed decision to contract out the work involved or to buy rather than make, Plant Management did not exercise proper judgment on the basis of the information available at the time the decision was made based on all the considerations set forth in Section (17.18) of the Skilled Trades Section and those set forth in Section (1.15), Section (17.16) (a), Section (17.17) and Section (17.19), referred to above as the case may be. If on the basis of the evidence presented the Arbitration Board finds that the management decision complained of did not violate the provisions of said Section (1.15), Section (17.16) (a), Section (17.17) or Section (17.19), such determination shall resolve the grievance. If, however, the Arbitration Board finds that the Management decision violated any such provision, the Arbitration Board shall have authority to issue an award in which the sole remedy shall be limited to providing relief to journeypersons and temporary employees in the affected skilled trades classifications at the affected plant who either were laid off directly as a result of the Management decision complained of or who were on layoff from the affected skilled trades classifications at the affected plant when Management made the decision complained of. The Arbitration Board shall not have authority to add to or subtract from or to modify any of the terms of the Agreement or to establish or change any wage or rate of pay. Any case appealed to the Arbitration Board on which it has no power to rule shall be referred back to the parties without decision.

Authority of Arbitration Board. The power and authority of the Arbitration Board shall be limited to: (a) matters involving the correctness of the classification of employees, provided that the absence of a classification from the list of classifications authorized for use at a particular plant by the Company shall not preclude the application of that classification at that plant, provided the requested classification is an established hourly classification under this Agreement and provided further the application of the requested classification is proper, based upon the work performed; and (b) applying and interpreting the provisions of the Agreement including written memorandum and letters of understanding between the Company and the National Union that relate to and supplement the terms of this Agreement except as may otherwise appear in said Agreements. (c) in proper cases, modifying penalties assessed by the Management in disciplinary discharges and layoffs. (d) grievances submitted charging a violation of the Company’s express commitments set forth in Section (1.15) of the Agreement or Section (17.16) (a), Section (17.17) or Section (17.19) of the Skilled Trades Section. The Arbitration Board may not determine that any Plant Management decision regarding the letting of a contract for maintenance or construction work or for the in-plant fabrication of tools, dies, jigs, and fixtures or any Plant Management decision to buy tools, dies, or models rather than make them violated the express provisions of Section (1.15) of the Agreement or Section (17.16) (a), Section (17.17) or Section (17.19) of the Skilled Trades Section, unless: the Arbitration Board finds that the decision complained of has resulted, or will result, directly in the layoff of journeypersons journeymen/women or temporary employees in the affected classifications at the plant on layoff, and (2) unless the Arbitration Board finds that, in making the disputed decision to contract out the work involved or to buy rather than make, Plant Management did not exercise proper judgment on the basis of the information available at the time the decision was made based on all the considerations set forth in Section (17.18) of the Skilled Trades Section and those set forth in Section (1.15), Section (17.16) (a), Section (17.17) and Section (17.19), referred to above as the case may be. If on the basis of the evidence presented the Arbitration Board finds that the management decision complained of did not violate the provisions of said Section (1.15), Section (17.16) (a), Section (17.17) or Section (17.19), such determination shall resolve the grievance. If, however, the Arbitration Board finds that the Management decision violated any such provision, the Arbitration Board shall have authority to issue an award in which the sole remedy shall be limited to providing relief to journeypersons journeymen/women and temporary employees in the affected skilled trades classifications at the affected plant who either were laid off directly as a result of the Management decision complained of or who were on layoff from the affected skilled trades classifications at the affected plant when Management made the decision complained of. The Arbitration Board shall not have authority to add to or subtract from or to modify any of the terms of the Agreement or to establish or change any wage or rate of pay. Any case appealed to the Arbitration Board on which it has no power to rule shall be referred back to the parties without decision.

Authority of Arbitration Board. The power and authority of the Arbitration Board shall be limited to: (a) matters involving the correctness of the classification of employees, provided that the absence of a classification from the list of classifications authorized for use at a particular plant by the Company shall not preclude the application of that classification at that plant, provided the requested classification is an established hourly classification under this Agreement and provided further the application of the requested classification is proper, based upon the work performed; and (b) applying and interpreting the provisions of the Agreement including written memorandum and letters of understanding between the Company and the National Union that relate to and supplement the terms of this Agreement except as may otherwise appear in said Agreements. (c) in proper cases, modifying penalties assessed by the Management in disciplinary discharges and layoffs. (d) grievances submitted charging a violation of the Company’s express commitments set forth in Section (1.15) of the Agreement or Section (17.16) (a), Section (17.17) or Section (17.19) of the Skilled Trades Section. The Arbitration Board may not determine that any Plant Management decision regarding the letting of a contract for maintenance or construction work or for the in-plant fabrication of tools, dies, jigs, and fixtures or any Plant Management decision to buy tools, dies, or models rather than make them violated the express provisions of Section (1.15) of the Agreement or Section (17.16) (a), Section (17.17) or Section (17.19) of the Skilled Trades Section, unless: the Arbitration Board finds that the decision complained of has resulted, or will result, directly in the layoff of journeypersons journeymen/women or temporary employees in the affected classifications at the plant on layoff, and (2) unless the Arbitration Board finds that, in making the disputed decision to contract out the work involved or to buy rather than make, Plant Management did not exercise proper judgment on the basis of the information available at the time the decision was made based on all the considerations set forth in Section (17.18) of the Skilled Trades Section and those set forth in Section (1.15), Section (17.16) (a), Section (17.17) and Section (17.19), referred to above as the case may be. If on the basis of the evidence presented the Arbitration Board finds that the management decision complained of did not violate the provisions of said Section (1.15), Section (17.16) (a), Section (17.17) or Section (17.19), such determination shall resolve the grievance. If, however, the Arbitration Board finds that the Management decision violated any such provision, the Arbitration Board shall have authority to issue an award in which the sole remedy shall be limited to providing relief to journeypersons journeymen/women and temporary employees in the affected skilled trades classifications at the affected plant who either were laid off directly as a result of the Management decision complained of or who were on layoff from the affected skilled trades classifications at the affected plant when Management made the decision complained of. The Arbitration Board shall not have authority to add to or subtract from or to modify any of the terms of the Agreement or to establish or change any wage or rate of pay. Any case appealed to the Arbitration Board on which it has no power to rule shall be referred back to the parties without decision.