Award of the Arbitrator. If the arbitrator determines no express provision of this Agreement has been breached in its application to the grievant as claimed the grievance shall be dismissed. 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 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 by way of penal damages.
Award of the Arbitrator. Within 10 business days following the close of the arbitration hearing or submission of post- hearing briefs, whichever is later, the arbitrator shall issue a written decision and award on the issue presented. The arbitrator’s failure to meet the deadline will not deprive them of jurisdiction over the dispute or render the award invalid. The award of the arbitrator will be final and binding upon all parties to the proceeding and judgment upon the award may be entered in any court having jurisdiction.
Award of the Arbitrator. The arbitrator’s decision and award will be in writing and will be final and binding on the Producer, SAG-AFTRA, the Performer or Performers involved and, when applicable, the Performer’s loan-out company. Judgment upon the award may be entered in any court having jurisdiction. The arbitrator has authority to determine only the dispute presented by the written demand for arbitration, and then only to the extent and in the manner expressly provided by the applicable provisions of this Agreement. Nothing herein gives the arbitrator the authority, power, or right to alter, amend, change, modify, add to, or subtract from any provision of this Agreement.
Award of the Arbitrator. The arbitrator's decision and award will be in writing and will be final and binding on the Producer, SAG-AFTRA, the performer or performers involved and, when applicable, the performer's loan-out company. Judgment upon the award may be entered in any court having jurisdiction. The arbitrator has authority to determine only the dispute presented by the written demand for arbitration, and then only to the extent and in the manner expressly provided by the applicable provisions of this Agreement. Nothing herein gives the Arbitrator the authority, power or right to alter, amend, change, modify, add to or subtract from any of the provisions of this Agreement. In addition to all other available remedies, the arbitrator shall have the power and authority to order injunctive or equitable relief, including enjoining exploitation of the Project where appropriate. This may include, but is not limited to: (1) when the Producer fails to pay initial salaries, pending full payment of all amounts due; or (2) in disputes involving a scene containing nudity or sex acts.
Award of the Arbitrator. Within ten (10) business days following the close of the arbitration hearing or submission of post-hearing briefs, whichever is later, the arbitrator shall issue a written decision and award on the issue presented. The arbitrator's failure to meet the deadline shall not deprive him/her of jurisdiction over the dispute or render the award invalid because it is made thereafter. The award of the Arbitrator shall be final and binding upon all parties to the proceeding and judgment upon such award may be entered by any party in any court having jurisdiction. Any award so rendered may be cited or offered into evidence by any party in another arbitration proceeding under this Agreement or under the Net Code related to the same Podcast or Series.
Award of the Arbitrator. If the arbitrator determines that no express provision of this Agreement has been breached in its application to the grievant as claimed, he shall dismiss the grievance. If the arbitrator determines that this Agreement has been so breached, he may, subject to the provisions of this Article, provide an appropriate remedy for the breach; provided, however, that in making any monetary award, the arbitrator shall only provide compensation for actual monetary damages directly attributable to such breach, and shall in no event make any award of penal damages; and provided further that the arbitrator shall make no award that grants any appointment, reappointment, promotion, retention, termination or renewal of contract to, or that otherwise alters the employment status of, any member of the bargaining unit, except as provided in Section C(1) of Article VIII.
Award of the Arbitrator. The arbitrator’s decision and award will be in writing and will be final and binding on the Producer, SAG-AFTRA, the Performer or Performers involved and, when applicable, the Performer’s loan-out company. Judgment upon the award may be entered in any court having jurisdiction. The arbitrator has authority to determine only the dispute presented by the written demand for arbitration, and then only to the extent and in the manner expressly provided by the applicable provisions of this MPA. Nothing herein gives the arbitrator the authority, power, or right to alter, amend, change, modify, add to, or subtract from any provision of this MPA.
Award of the Arbitrator. The arbitrator's decision and award shall be in writing and shall be final and binding on the Producer, SAG-AFTRA, the performer or performers involved and, when applicable, the performer's loan-out company. Judgment upon such award may be entered in any court having jurisdiction. The arbitrator shall only have authority to determine the dispute presented by the written demand for arbitration, and then only to the extent and in the manner as expressly provided by the applicable provisions of this Agreement. Nothing herein contained shall be deemed to give the Arbitrator the authority, power or right to alter, amend, change, modify, add to or subtract from any of the provisions of this Agreement. SAMPLE In no case may any arbitration hereunder or any award therein affect any rights of the Producer or performer in or to or with respect to the results and proceeds of the performer's services or in or to or with respect to the use of the performer’s name, voice or likeness provided, however, than in addition to all other available remedies, the arbitrator shall have the power and authority to issue injunctive relief with respect to any dispute arising under Section 43 of the Basic Agreement with respect to nudity.
Award of the Arbitrator. If the arbitrator determines that no express provision of this Agreement has been breached in its application to the grievant as claimed, he/she shall dismiss the grievance. If the arbitrator determines that this Agreement has been so breached, he/she may, subject to the provisions of this Article, provide an appropriate remedy for the breach; provided, however, that in making any monetary award, the arbitrator shall provide compensation only for actual damages directly attributable to such breach and shall in no event make any award of penal damages; and provided further that, save as is hereinafter provided, the arbitrator shall make no award that grants any appointment, reappointment, promotion, retention, termination, renewal of contract or tenure to any member of the bargaining unit. Whenever in his/her grievance complaint any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision made pursuant to an exercise of academic judgment was, in its application to him/her, both arbitrary or capricious and made in bad faith, the arbitrator shall have the power to determine the truth or falsity of both such allegations. Whenever the arbitrator shall have found as a matter of fact, on the basis of clear and credible evidence, that both such allegations are true, he/she shall have the power to make any such final and binding award as he/she may deem necessary to make the grievant whole; provided, however, that whenever the arbitrator shall, in respect of such allegations, have found that such determination or decision was arbitrary or capricious but was not made in bad faith, he/she shall remand such determination or decision as is herein before provided. Whenever the arbitrator shall have found that such decision was arbitrary or capricious but was not made in bad faith, he/she shall assess costs, which shall include reasonable representational costs or attorney’s fees; at the discretion of the arbitrator, upon such a determination or decision the arbitrator may additionally impose liquidated damages not to exceed Five Thousand Dollars ($5000.00).
Award of the Arbitrator. The award of the arbitrator shall be made within ten (10) calendar days following the close of the hearing. The fees and expenses of the neutral arbitrator shall be divided equally between the Employer and the Union.
