Common use of Basis for retrenchment Clause in Contracts

Basis for retrenchment. D. 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 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.

Basis for retrenchment. D. Award of Arbitrator If the arbitrator determines no express provision of this Agreement has been breached in its application applica- tion 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 in making any monetary award, the arbitrator shall only provide compensation for actual damages damag- es directly attributable to such breach, and shall in no event make any award by way of penal damagesdamag- es.