Common use of Duties and Powers of the Arbitrator Clause in Contracts

Duties and Powers of the Arbitrator. a) The Arbitrator shall not have jurisdiction to amend, modify, or act inconsistently with the Agreement, b) The Arbitrator shall have the duty and power to adjudicate all matters in dispute including a question of the arbitrability of an issue, c) Where an Arbitrator determines that a Member has been discharged or otherwise disciplined by the Employer for cause and the Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty or penalties for the discharge or discipline as they deem just and reasonable in all the circumstances, d) Without limiting the generality of Clause 19.19 (c), the Arbitrator shall have the power to award compensation to individual Members even where a dispute originated as a policy grievance.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Duties and Powers of the Arbitrator. a) The Arbitrator shall not have jurisdiction to amend, modify, or act inconsistently with the Collective Agreement, b) The Arbitrator shall have the duty and power to adjudicate all matters in dispute including a question of the arbitrability of an issue, c) Where an Arbitrator determines that a Member has been discharged or otherwise disciplined by the Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty or penalties for the discharge or discipline as they deem he/she deems just and reasonable in all the circumstances, , d) Without limiting the generality of Clause 19.19 (c), the Arbitrator shall have the power to award compensation to individual Members even where a dispute originated as a policy grievance.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Duties and Powers of the Arbitrator. a) The Arbitrator shall not have jurisdiction to amend, modify, or act inconsistently with the Collective Agreement;, b) The Arbitrator shall have the duty and power to adjudicate all matters in dispute including a question of the arbitrability of an issue;, c) Where an Arbitrator determines that a Member has been discharged or otherwise disciplined by the Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty or penalties for the discharge or discipline as they deem he/she deems just and reasonable in all the circumstances;, d) Without limiting the generality of Clause 19.19 (c), the Arbitrator shall have the power to award compensation to individual Members even where a dispute originated as a policy grievance.

Appears in 1 contract

Samples: Collective Agreement

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