Common use of Award of Arbitrator Clause in Contracts

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. 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 ’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.