Duties of the Arbitrator. 18.6.5.1 The Arbitrator will decide the time and place for a hearing at a District location. Unless otherwise agreed to, the hearing will be private and will be conducted in accordance with the Voluntary Rules of the American Arbitration Association.
Duties of the Arbitrator. 1. The arbitrator shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue a decision not later than twenty (20) working days from the closing day of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to the arbitrator. The arbitrator's decision shall be in writing and shall set forth his or her findings of fact, reasoning and conclusions on the issues submitted.
Duties of the Arbitrator. The arbitrator shall act in a judicial capacity and shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement or Hospital policy. The decision of the arbitrator shall be based solely upon the application of the express terms of this Agreement or Hospital policy and shall be limited to the specific facts and issues of the grievance so presented. It is understood that this Agreement covers employees engaged in the care of critically ill patients as a verified Level I Trauma Center, and that the mission of this Hospital is to deliver world class patient care to the people we serve, and ensure the excellence of future patient care through exceptional learning, teaching and research. Thus, it is agreed the arbitrator shall consider the Hospital’s mission when called upon to review the interpretation or application of this Agreement, or the basis of the disciplinary action taken against a bargaining unit employee. Accordingly, laws of the shop from industrial settings may not apply. If either party believes a grievance may not be arbitrable, that argument shall be made at the lowest possible step of the grievance process. If the parties advance the grievance to arbitration without resolving the issue of arbitrability, it will be determined via an expedited hearing or through the submission of briefs on the issue, prior to the hearing on the merits of the grievance. In the event an arbitrator finds he/she has no power to rule on such a case, the matter shall be referred to the parties without decision or recommendation on the merits of the case. Also, the arbitrator shall have no power to provide agreements for the parties in those cases where in this Agreement they have agreed the decision/action is in the discretion of the Hospital, or further negotiations should occur to cover the matters in dispute. If the remedy of back wages is awarded, the arbitrator shall deduct from the award monies received by the grievant in the form of unemployment compensation, workers’ compensation, compensation for personal services received from any source during the period in question, and income from any period in which an employee would not have been qualified to work in their previous position. The decision of the arbitrator shall be final and binding on the parties and shall be presented in writing to both parties by such impartial arbitrator within thirty (30) calendar days following the close of the hearing or submissio...
Duties of the Arbitrator. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. He/she shall consider and decide only the specific issue submitted to him/her in writing by the City and the Association and shall have no authority to make a decision on any other issue so submitted to him/her. The arbitrator shall submit in writing his/her decision within thirty
Duties of the Arbitrator. Section 1: It shall be the duty of the arbitrator to hear and render decisions on disputes within his jurisdiction certified to him in accordance with the terms of this Agreement. The arbitrator shall regard the provisions of this Agreement as the sole and complete mutual understanding governing the relationship of the Parties. The arbitrator's function is to interpret and apply the specific provisions of the Agreement and to decide cases of violation of or noncompliance with those provisions.
Duties of the Arbitrator. 8.4.6.1 The arbitrator shall consider only those issues which have been properly carried in writing through the steps of the grievance procedure.
Duties of the Arbitrator. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. They shall consider and decide only the specific issue submitted to them in writing by the City and the Association and shall have no authority to make a decision on any other issue so submitted to them. The arbitrator shall submit in writing their decision within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The decision shall be based solely upon their interpretation of the meaning and application of the express terms of this Agreement. The decision of the arbitrator shall be final and binding on both the City and the Association. No award of any arbitrator may be retroactive for a period greater than thirty (30) calendar days prior to the presentation of the grievance at Step One.
Duties of the Arbitrator. The initial focus of the arbitrator will be to come to a mediated settlement that both King’s and KUCFA agree to. If a mediated settlement cannot be reached then the process will move to allow the arbitrator to arbitrate the issue.
Duties of the Arbitrator. 16.10.1 The arbitrator will ensure that the rules of natural justice are adhered to. This includes, but is not limited to the following: each party will have the right to at least thirty (30) calendar days written notice of the arbitration hearing, the right to present evidence and be heard in support of their respective positions with regard to the grievance, the right to the cross-examination of witnesses, and the right to be represented by counsel.
Duties of the Arbitrator. A. The arbitrator shall schedule an oral hearing as soon as possible after his or her selection at which time both parties shall have the privilege of being represented by four representatives of the Union and four Company Representatives, and to present oral, documentary or physical evidence and to examine witnesses and cross examine the witnesses of the other party. Neither party shall submit post-hearing briefs except by mutual agreement.
