Authority of the Panel. The Employer and the Union will continue to maintain a permanent committee for the resolution of grievances, referred to as the Grievance Resolution Panel (“the Panel”). The Panel will have the authority to interpret the provisions of this Agreement, only to the extent that the interpretation is necessary to render a decision on the case being heard. The Panel will not have the authority to contradict, add to, subtract from, or otherwise modify the terms and conditions of this Agreement.
Authority of the Panel. (1) Unless the parties agree in writing to the contrary, only one complaint may be submitted to the Panel at any one hearing.
Authority of the Panel. (1) Only complaints based on events or occurrences which occur after the date of processed under this Policy. After the expiration of the current Agreement, there is no duty upon the University to process any complaint unless the facts upon which the complaint is based occurred prior to the expiration of the Agreement. The Panel shall not receive into evidence nor rely upon any past practices that occurred after the date of the execution of the current Agreement.
Authority of the Panel. (a) The Panel in the Step 3 of the NIRD shall review the final decision solely for the purpose of determining whether it violates a University regulation or the applicable CBA provision and may not consider claims based on equity. The Panel shall not add to, subtract from, modify, ignore, or alter the terms or provisions of any BOT-UFF Policy or the BOT-UFF Agreement. Neutral, Internal Resolution of Policy Disputes by a Panel shall be confined solely to the application and/or interpretation of BOT-UFF Policies and the precise issue(s) submitted for Neutral, Internal Resolution of Disputes. In rendering its decision, the Panel shall refrain from issuing any statements of opinion or conclusions not essential to the determination of whether the act or event giving rise to the complaint violated applicable University regulation or policy.
Authority of the Panel. (a) The Panel in the Step 3 of the NIRD shall review the final decision solely for the purpose of determining whether it violates a University regulation or the applicable CBA provision and may not consider claims based on equity. The Panel shall not add to, subtract from, modify, ignore, or alter the terms or provisions of any BOT-UFF Policy or the BOT-UFF Agreement. Neutral, Internal Resolution of Policy Disputes by a Panel shall be confined solely to the application and/or interpretation of BOT-UFF Policies and the precise issue(s) submitted for Neutral, Internal Resolution of Disputes. In rendering its decision, the Panel shall refrain from issuing any statements of opinion or conclusions not essential to the determination of whether the act or event giving rise to the complaint violated applicable University regulation or policy.
(a) (b) Where an administrator has made a judgment involving the exercise of discretion, such as decisions regarding promotion under the BOT-UFF Promotion Policy, the Panel shall not substitute its judgment for that of the administrator. Nor shall the Panel review such decision except for the purpose of determining whether the decision has violated BOT-UFF Policy.
(b) (c) The Panel shall not have the power to award promotion or tenure.
(c) (d) If the Panel determines that a BOT-UFF Policy has been violated, the Panel shall direct the University to take appropriate action. The Panel may award back salary where the Panel determines that the employee is not receiving the appropriate salary from the University, but the Panel may not award other monetary damages or penalties. If notice that further employment will not be offered is not given on time, the Panel 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 employee was deprived of reasonable opportunity to seek other employment, or (b) the employee actually rejected an offer of comparable employment which the employee otherwise would have accepted.
(d) (e) A Panel's decision awarding employment beyond the sixth year shall not entitle the employee to tenure. In such cases the employee shall serve during the seventh year without further right to notice that the employee will not be offered employment thereafter. If an employee is reappointed at the direction of a Panel, the President or designee may reassign the employee during such reappointment.
Authority of the Panel. (a) The Panel shall not add to, subtract from, modify, ignore, or alter the terms or provisions of any BOT-UFF Policy or the BOT-UFF Agreement. Neutral, Internal Resolution of Policy Disputes by a Panel shall be confined solely to the application and/or interpretation of BOT-UFF Policies and the precise issue(s) submitted for Neutral, Internal Resolution of Disputes. In rendering its decision, the Panel shall refrain from issuing any statements of opinion or conclusions not essential to the determination of whether the act or event giving rise to the complaint violated applicable University regulation or policy.
Authority of the Panel. The Panel shall have the authority to render a decision only with respect to the issues left unresolved after the parties have bargained for at least two (2) months in the Second Step; the Panel shall have no authority to render a decision with respect to any other items. The Panel shall decide between the last, best and final proposals made by the Employer and the Union in negotiations on the unresolved items and may not compromise or combine any aspects of the proposals. The Panel shall consider the effect of any items the parties have previously agreed to, but shall not have the authority to modify same. The proposal selected by the Panel, plus the provisions previously agreed by the parties, shall be incorporated into the CBA. The Panel shall also have the authority to decide questions of timeliness and arbitrability. An award issued by the Panel shall be final and binding on the parties and shall be effective until a successor Collective Bargaining Agreement is negotiated. However, nothing in any award issued by the Panel shall limit or abridge any right retained by the Employer in the Management Rights Clause of the CBA. The cost of arbitration shall be split evenly between the parties, fifty percent (50%) to be paid by the Employer and fifty percent (50%) to be paid by the DCC. Nothing in this Agreement shall be construed to require the renegotiation of the wage rates or other terms or conditions in the parties’ CBA. This Agreement expires concurrently with the expiration of the parties’ CBA provided, however, that if Step 1 occurs prior thereto, then this Agreement shall remain in effect until the completion of the process herein described.
Authority of the Panel i. Unless the parties agree in writing to the contrary, only one grievance may be submitted to the arbitrator at any one hearing.
