Authority of the Arbitrator. a. The arbitrator will have no authority to add to, subtract from, alter, change, or modify any of the provisions of this Agreement. Arbitration will be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues. c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will not substitute the arbitrator’s judgment for that of the administrator, nor will the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement. d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes. e. If the arbitrator determines that the Agreement has been violated by either party, the arbitrator will direct that party to take appropriate remedial action. f. An arbitrator may award back salary where the arbitrator determines that the Faculty Member is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties. g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation. h. If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member actually rejected an offer of comparable employment which the individual otherwise would have accepted. i. An arbitrator’s decision awarding employment beyond the sixth (6th) Year will not entitle the Faculty Member to tenure. In such cases, the Faculty Member will serve during the seventh (7th) Year without further right to notice that he or she will not be offered employment thereafter. If a Faculty Member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment. j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall neither add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. c. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President Xxxxxxx or representative designee may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Authority of the Arbitrator. a. (1) The arbitrator will have no authority to shall neither add to, subtract from, alterxxxxxx, change, nor alter the terms or modify any of the provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall have no authority to determine any other issue(s). The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issue(s) submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. (2) Where an administrator has made a judgment involving the exercise of discretionan academic judgment, such as such as a judgment concerning application of evaluation criteria in decisions regarding tenure on retention, professional advancement increase, or promotiontenure, or a judgment concerning the academic acceptability of a sabbatical proposal, the arbitrator will shall not substitute the arbitrator’s her/his judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member Employee is not receiving the appropriate salary from the University, University but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will shall not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, adequate and that the notice was given so late that (a) the Faculty Member Employee was deprived of a reasonable opportunity to seek other employment, employment or (b) the Faculty Member Employee actually rejected an offer of comparable employment which the individual Employee otherwise would have accepted.
i. . An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member Employee to tenure. In such cases, case the Faculty Member will Employee shall serve during the seventh (7th) Year year without further right to notice that he or she will the Employee shall not be offered employment thereafter. If a Faculty Member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall neither add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. c. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President or representative may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to add to, subtract from, alter, change, or modify any of the provisions of this Agreement. Arbitration will be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration.
b. The arbitrator’s 's decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will not substitute the arbitrator’s 's judgment for that of the administrator, nor will the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. If the arbitrator determines that the Agreement has been violated by either party, the arbitrator will direct that party to take appropriate remedial action.
f. An arbitrator may award back salary where the arbitrator determines that the Faculty Member faculty member is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member faculty member compensation greater than would have resulted had there been no violation.
h. If the University’s 's notice that further employment will not be offered to a Faculty Member faculty member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member faculty member was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member faculty member actually rejected an offer of comparable employment which the individual otherwise would have accepted.
i. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year year will not entitle the Faculty Member faculty member to tenure. In such cases, the Faculty Member faculty member will serve during the seventh (7th) Year year without further right to notice that he or she will not be offered employment thereafter. If a Faculty Member faculty member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member faculty member was not provided an “Equitable Opportunity” "equitable opportunity" in relation to other Faculty Members faculty members in the same Departmentunit/Unit department to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) section 10.3 of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” "equitable opportunity" as described in Section section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity"equitable opportunity.”"
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Authority of the Arbitrator. a. (1) The arbitrator will have no authority to shall neither add to, subtract from, altermodify, change, nor alter the terms or modify any of the provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusion not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. (2) Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this the Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University Administration to take appropriate remedial action, consistent with this Agreement, which the arbitrator may specify.
f. a. An arbitrator may award back salary where when the arbitrator determines that the Faculty Member faculty member is not receiving the appropriate salary from the UniversityUniversity Administration. In addition to an award of back salary, but the arbitrator may also require the University Administration to make retroactive payment of lost contractual economic benefits that are proven to be directly affected by the award of back salary. However, the arbitrator may not award any other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. b. If the University’s arbitrator finds that “notice that no further employment will not be offered to a Faculty Member is offered” was not given on time, consistent with the arbitrator may direct notice provisions of the University to renew the appointment only upon a finding that no other remedy is adequateNonreappointment Article, and that the notice was given so late that (a) the Faculty Member faculty member was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member faculty member actually rejected an offer of comparable employment which the individual faculty member otherwise would have acceptedaccepted had notice been timely given, and the arbitrator finds that no other remedy is adequate, the arbitrator may in that instance direct the University Administration to renew the appointment for an additional year.
i. c. An arbitrator’s decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member faculty member to tenure. In such casescases in which the arbitrator finds procedural error, finds that the decision was not based on the specified criteria, or finds that the decision was based on an unreasonable application of those criteria, the Faculty Member will serve during grievant’s appointment shall be renewed and the seventh (7th) Year without further right grievant shall be allowed to notice that he or she will not be offered employment thereafter. If a Faculty Member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in reapply for tenure under the same Department/Unit conditions and with the same protections under this Agreement that would apply to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreementany other faculty member. The arbitrator also may shall retain jurisdiction for purposes of determining whether to ensure that the ensuing assignment provides such “Equitable Opportunitygrievant’s rights are not violated during the reapplication process. In no instance may an arbitrator award tenure or promotion.”
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall not add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. c. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President or University’s representative may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Authority of the Arbitrator. a. (a) The arbitrator will have no authority to shall neither add to, subtract from, altermodify, changeignore, nor alter the terms or modify any of the provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statement of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. (b) Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotiontenure, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. An . The arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, adequate and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which that the individual employee otherwise would have accepted.
i. (c) An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President or representative designee may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to add to, subtract from, alter, change, or modify any of the provisions of this Agreement. Arbitration will be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator will refrain from issuing any statements of opinion or conclusions not essential to the determination of the issue(s) submitted.
b. The arbitrator’s 's decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will not substitute the arbitrator’s 's judgment for that of the administrator, nor will the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. If the arbitrator determines that the Agreement has been violated by either party, the arbitrator will direct that party to take appropriate remedial action.
f. An arbitrator may award back salary where the arbitrator determines that the Faculty Member faculty member is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member faculty member compensation greater than would have resulted had there been no violation.
h. If the University’s 's notice that further employment will not be offered to a Faculty Member faculty member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member faculty member was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member faculty member actually rejected an offer of comparable employment which the individual otherwise would have accepted.
i. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year year will not entitle the Faculty Member faculty member to tenure. In such cases, the Faculty Member faculty member will serve during the seventh (7th) Year year without further right to notice that he or she will not be offered employment thereafter. If a Faculty Member faculty member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall neither add to, subtract from, altermodify, change, nor alter the terms or modify any of the provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the university to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the Universityuniversity, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University university to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. c. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President or representative may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. (1) The arbitrator will have no authority to shall neither add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall have no authority to determine any other issue(s). The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issue(s) submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. (2) Where an administrator has made an academic judgment—for example, a judgment involving the exercise concerning application of discretionevaluation criteria in decisions on retention, such as such as decisions regarding tenure or promotion, or tenure, or a judgment concerning the academic acceptability of a sabbatical proposal—the arbitrator will shall not substitute the arbitrator’s substi- tute her/his judgment for that of the administrator. The arbitrator shall not review the academic decision, nor will the arbitrator review such decision except for the purpose of determining determin- ing whether the or not that decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator arbi- trator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, adequate and that the notice was given so late that that
(a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. . An arbitrator’s decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such casescase, the Faculty Member will employee shall serve during the seventh (7th) Year one additional academic year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall neither add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. c. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President president or president’s representative may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Settlement Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall neither add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted submit- xxx for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. c. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President or representative may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall neither add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration.
b. . The arbitrator’s decision will address itself solely arbitrator shall have no authority to determine any other issue(s). The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside determination of the submitted issue or issues.
c. issue(s) submitted. Where an administrator has made an academic judgment—for example, a judgment involving the exercise concerning application of discretionevaluation criteria in decisions on retention, such as such as decisions regarding tenure or promotion, or tenure, or a judgment concerning the academic acceptability of a sabbatical proposal—the arbitrator will shall not substitute the arbitrator’s substitute her/his judgment for that of the administrator, nor will . The arbitrator shall not review the arbitrator review such academic decision except for the purpose of determining whether the or not that decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding finding that no other remedy is adequate, adequate and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, employment or (b) the Faculty Member employee actually rejected an offer of comparable comparable employment which the individual employee otherwise would have accepted.
i. . An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such casescase, the Faculty Member will employee shall serve during the seventh (7th) Year one additional academic year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall not add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration.. The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion,, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that that
(a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. c. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. .. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President p resident or president’s University’s representative may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to add to, subtract from, alter, change, or modify any of the provisions of this Agreement. Arbitration will be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator will refrain from issuing any statements of opinion or conclusions not essential to the determination of the issue(s) submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will not substitute the arbitrator’s judgment for that of the administrator, nor will the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. If the arbitrator determines that the Agreement has been violated by either party, the arbitrator will direct that party to take appropriate remedial action.
f. An arbitrator may award back salary where the arbitrator determines that the Faculty Member faculty member is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member faculty member compensation greater than would have resulted had there been no violation.
h. If the University’s notice that further employment will not be offered to a Faculty Member faculty member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member faculty member was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member faculty member actually rejected an offer of comparable employment which the individual otherwise would have accepted.
i. An arbitrator’s decision awarding employment beyond the sixth (6th) Year year will not entitle the Faculty Member faculty member to tenure. In such cases, the Faculty Member faculty member will serve during the seventh (7th) Year year without further right to notice that he or she will not be offered employment thereafter. If a Faculty Member faculty member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member faculty member was not provided an “Equitable Opportunity” ―equitable opportunity‖ in relation to other Faculty Members faculty members in the same Departmentunit/Unit department to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) section 10.3 of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” ―equitable opportunity‖ as described in Section section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”―equitable opportunity.‖
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. (1) The arbitrator will have no authority to shall neither add to, subtract from, altermodify, change, nor alter the terms or modify any of the provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusion not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. (2) Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this the Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University Administration to take appropriate remedial action, consistent with this Agreement, which the arbitrator may specify.
f. a. An arbitrator may award back salary where when the arbitrator determines that the Faculty Member faculty member is not receiving the appropriate salary from the UniversityUniversity Administration. In addition to an award of back salary, but the arbitrator may also require the University Administration to make retroactive payment of lost contractual economic benefits that are proven to be directly affected by the award of back salary. However, the arbitrator may not award any other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. b. If the University’s notice arbitrator finds that ―notice that no further employment will not be offered to a Faculty Member is offered‖ was not given on time, consistent with the arbitrator may direct notice provisions of the University to renew the appointment only upon a finding that no other remedy is adequateNonreappointment Article, and that the notice was given so late that (a) the Faculty Member faculty member was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member faculty member actually rejected an offer of comparable employment which the individual faculty member otherwise would have acceptedaccepted had notice been timely given, and the arbitrator finds that no other remedy is adequate, the arbitrator may in that instance direct the University Administration to renew the appointment for an additional year.
i. c. An arbitrator’s decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member faculty member to tenure. In such casescases in which the arbitrator finds procedural error, finds that the decision was not based on the specified criteria, or finds that the decision was based on an unreasonable application of those criteria, the Faculty Member will serve during grievant’s appointment shall be renewed and the seventh (7th) Year without further right grievant shall be allowed to notice that he or she will not be offered employment thereafter. If a Faculty Member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in reapply for tenure under the same Department/Unit conditions and with the same protections under this Agreement that would apply to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreementany other faculty member. The arbitrator also may shall retain jurisdiction for purposes of determining whether to ensure that the ensuing assignment provides such “Equitable Opportunitygrievant’s rights are not violated during the reapplication process. In no instance may an arbitrator award tenure or promotion.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. (a) The arbitrator will have no authority to shall neither add to, subtract from, altermodify, changeignore, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statement of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. (b) Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotiontenure, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. An . The arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, adequate and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which that the individual employee otherwise would have accepted.
i. (c) An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President or representative designee may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. (1) The arbitrator will have no authority to shall neither add to, subtract from, alter, change, modify or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall have no authority to determine any other issue(s). The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issue(s) submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. (2) Where an administrator has made a judgment involving the exercise of discretionan academic judgment, such as such as a judgment concerning application of evaluation criteria in decisions regarding tenure on retention, promotion, or promotiontenure, or a judgment concerning the academic acceptability of a sabbatical proposal, the arbitrator will shall not substitute the arbitrator’s her/his judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member Employee is not receiving the appropriate salary from the University, University but the arbitrator may not award other her monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, adequate and that the notice was given so late that that
(a) the Faculty Member Employee was deprived of a reasonable opportunity to seek other employment, or employment or
(b) the Faculty Member Employee actually rejected an offer of comparable employment which the individual Employee otherwise would have accepted.
i. . An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member Employee to tenure. In such cases, case the Faculty Member will Employee shall serve during the seventh (7th) Year year without further right to notice that he or she the Employee will not be offered employment thereafter. If a Faculty Member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. (1) The arbitrator will have no authority to shall neither add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall have no authority to determine any other issue(s). The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issue(s) submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. (2) Where an administrator has made a judgment involving the exercise of discretionan academic judgment, such as such as a judgment concerning application of evaluation criteria in decisions regarding tenure on retention, professional advancement increase, or promotiontenure, or a judgment concerning the academic acceptability of a sabbatical proposal, the arbitrator will shall not substitute the arbitrator’s her/his judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member Employee is not receiving the appropriate salary from the University, University but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will shall not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, adequate and that the notice was given so late that (a) the Faculty Member Employee was deprived of a reasonable opportunity to seek other employment, employment or (b) the Faculty Member Employee actually rejected an offer of comparable employment which the individual Employee otherwise would have accepted.
i. . An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member Employee to tenure. In such cases, case the Faculty Member will Employee shall serve during the seventh (7th) Year year without further right to notice that he or she will the Employee shall not be offered employment thereafter. If a Faculty Member is reappointed at the direction of an arbitrator, the President or representative may reassign the individual during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall neither add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the this Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the College to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the UniversityCollege, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University College to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. c. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President or representative may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
Authority of the Arbitrator. a. The arbitrator will have no authority to shall not add to, subtract from, alter, changemodify, or modify any of alter the terms or provisions of this Agreement. Arbitration will shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issues submitted.
b. The arbitrator’s decision will address itself solely to the issue or issues presented and will not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute outside of the submitted issue or issues.
c. Where an administrator has made a judgment involving the exercise of discretion, such as such as decisions regarding tenure or promotion, the arbitrator will shall not substitute the arbitrator’s 's judgment for that of the administrator, nor will . Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement.
d. The arbitrator will not render any decision which would require or result in an action in violation of public statutes.
e. . If the arbitrator determines that the Agreement has been violated by either partyviolated, the arbitrator will shall direct that party the University to take appropriate remedial action.
f. . An arbitrator may award back salary where the arbitrator determines that the Faculty Member employee is not receiving the appropriate salary from the University, but the arbitrator may not award other monetary damages or penalties.
g. The arbitrator may make no award which provides the Faculty Member compensation greater than would have resulted had there been no violation.
h. . If the University’s notice that further employment will not be offered to a Faculty Member is not given on time, the arbitrator may direct the University to renew the appointment only upon a finding that no other remedy is adequate, and that the notice was given so late that (a) the Faculty Member employee was deprived of a reasonable opportunity to seek other employment, or (b) the Faculty Member employee actually rejected an offer of comparable employment which the individual employee otherwise would have accepted.
i. c. An arbitrator’s 's decision awarding employment beyond the sixth (6th) Year will year shall not entitle the Faculty Member employee to tenure. In such cases, cases the Faculty Member will employee shall serve during the seventh (7th) Year year without further right to notice that he or she the employee will not be offered employment thereafter. If a Faculty Member an employee is reappointed at the direction of an arbitrator, the President president or president’s representative may reassign the individual employee during such reappointment.
j. If an arbitrator determines that the Faculty Member was not provided an “Equitable Opportunity” in relation to other Faculty Members in the same Department/Unit to meet the required criteria for promotion, tenure, and merit salary increases, as described in Section 10.3(f) (Equitable Opportunity) of this Agreement, the arbitrator may award additional employment requiring the University to provide the “Equitable Opportunity” as described in Section 10.3 of this Agreement. The arbitrator also may retain jurisdiction for purposes of determining whether the ensuing assignment provides such “Equitable Opportunity.”
Appears in 1 contract
Samples: Collective Bargaining Agreement
