Award of Arbitrator. Where an employee has been discharged in violation of this Agreement, the Arbitrator may order the employee reinstated, either with or without back pay for loss of income resulting from such discharge. An award of the Arbitrator shall not in any case be made retroactive to a date prior to the date on which the subject of the grievance occurred, and in no event more than thirty (30) calendar days prior to the filing of the grievance. The Arbitrator's written decision shall be issued within sixty (60) days of the hearing, unless otherwise mutually agreed in writing.
Award of Arbitrator. If the arbitrator determines no express provision of this agreement has been breached in its application to the grievant as claimed, the arbitrator shall dismiss the grievance. If the arbitrator determines that this Agreement has been so breached, the arbitrator may, subject to the provisions of this Article and except as hereinafter provided, provide an appropriate remedy for the breach; provided, however, that no award shall require the appointment of any faculty member; and provided further that in making any monetary award, the arbitrator shall only provide compensation for actual damages directly attributable to such breach, and shall in no event make any award in excess of the faculty member's salary for one session or by way of penal damages. At the discretion of the President of the College or designee thereof, implementation of any award may be deferred until the session following the issuance of the award.
Award of Arbitrator. The award of the arbitrator may be entered in any court of competent jurisdiction should either party fail to implement the award. If a motion to vacate the arbitrator's award is entered in a court of competent jurisdiction, and the initiating party does not prevail in the litigation, such party shall bear the full costs of such action including, but not limited to the adverse party's court costs, legal fees, and other related expenses incurred as a result of defending such action.
Award of Arbitrator. Any award made by the arbitrator shall be binding on Seller, Purchaser and all parties to the arbitration and shall be enforceable to the fullest extent of the law.
Award of Arbitrator. The arbitrator shall have the authority to award:
Award of Arbitrator. Any award made by the arbitrator shall be binding on the Members, the Company and all parties to the arbitration and shall be enforceable to the fullest extent of the law.
Award of Arbitrator. Where an employee has been discharged in violation of this Agreement, the arbitrator may order him reinstated, either with or without back pay for loss of income resulting from such discharge. Interim earnings and unemployment compensation must be deducted from any backpay award. An award of the arbitrator shall not in any case be made retroactive to a date prior to the date on which the subject of the grievance occurred. The arbitrator’s written decision shall be issued within sixty (60) calendar days of the hearing, unless otherwise mutually agreed upon in writing. The parties agree that if an arbitrator orders back pay, NOPFMI reserves the right, during the compliance stage of the proceeding, to offer evidence to mitigate the back pay, including interim earnings, search for substantially equivalent work, or rejection of substantially equivalent work, which shall be considered in arriving at the net back pay due the grievant. The burden of proof regarding any mitigation of back pay is on NOPFMI. The only issue to be determined by the arbitrator shall be whether or not the aggrieved employee(s) actually engaged in the conduct for which he was disciplined. In the event the grievant is found to have engaged in such conduct, the arbitrator shall have no authority to modify the disciplinary penalty imposed upon him.
Award of Arbitrator. Where an employee has been discharged in violation of this Agreement, the Arbitrator may order the employee reinstated, either with or without back pay for loss of income resulting from such discharge. An award of the Arbitrator shall not in any case be made retroactive to a date prior to the date on which the subject of the grievance occurred, and in no event more than thirty (30) calendar days prior to the filing of the grievance unless otherwise mutually agreed in writing. Any back pay award shall be reduced by the amount of any compensation chargeable to the Company, i.e., worker's compensation, unemployment compensation, etc.
Award of Arbitrator. In no event shall any retroactive adjustment required as a result of matters processed under the Grievance and Arbitration provisions of this Agreement extend prior to the date of the incident giving rise to the grievance. This section shall apply to any type of grievance.
Award of Arbitrator. The arbitrator shall have the authority to award: 3.294 FEVI Final Draft of Model Form Operating Agreement (Sep 30, 2014).docx
