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.
18.6.5.2 The arbitrator shall not consider any matter outside the scope of the grievance as defined in this Contract, shall confine the decision to the language of this Contract, and shall have no authority to make a recommendation on any other issue. However, this issue as to whether a matter is outside the scope of the grievance is to be determined by the arbitrator.
18.6.5.3 After the close of the binding arbitration hearing, both parties shall, within ten (10) days, have an opportunity to submit written briefs.
18.6.5.4 The arbitrator shall submit the award in writing to all the parties within thirty (30) days after the close of the binding arbitration hearing.
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.
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.
2. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. The arbitrator shall be without power or authority to make any decision which requires the commission of any act which is in violation of law. Further, the arbitrator's powers are limited to deciding whether violations, misapplications or misinterpretations of specific articles of this Agreement have occurred.
3. The arbitrator shall have no power to consider or to rule on any grievance which relates to a matter or matters specified in D.3.c. above.
4. The costs for the service of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
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.
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.
16.10.2 The decision of the arbitrator on any matter that has been submitted to them in accordance with the provisions of this Collective Agreement shall be final and binding upon the parties. However, the arbitrator shall not have the power to modify, supplement, vary, or disregard, the terms of the Collective Agreement.
16.10.3 The arbitrator shall have jurisdiction and authority to arbitrate only the issues as provided in the original written grievance in Step 2 or Step 3 as the case may be, and shall only have jurisdiction with respect to grievances that have first proceeded through the appropriate steps of the grievance procedure.
16.10.4 The arbitrator shall provide a decision in writing to the Principal, the Association and the griever not later than ten (10) working days after completion of the grievance hearing.
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.
Section 2: The arbitrator shall not supplement, enlarge, diminish or alter the scope or meaning of the Agreement or of any provision therein, nor entertain jurisdiction of any subject not covered thereby.
Section 3: An arbitrator shall not take jurisdiction of any dispute or grievance arising prior to the date of this Agreement, except as specifically provided elsewhere in this Agreement.
Section 4: Whenever the Arbitrator may determine that the subject of a dispute is, or a decision or award thereon would be beyond the arbitrator's jurisdiction or would contravene this Section, he shall dispose of the case by reducing such determination to writing and refer the matter back to the Parties without opinion or recommendation on the merits of the case.
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.
16.9.1 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 meeting, 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.
16.9.2 The decision of the arbitrator on any matter that has been submitted to them in accordance with the provisions of this Collective Agreement that cannot be mediated shall be final and binding upon the parties. However, the arbitrator shall not have the power to modify, supplement, vary, or disregard, the terms of the Collective Agreement.
16.9.3 The arbitrator shall have jurisdiction and authority to mediate- arbitrate only the issues as provided in the original written grievance in Step 2 and shall only have jurisdiction with respect to grievances that have first proceeded through Steps 1 and 2 of the grievance procedure.
16.9.4 The arbitrator shall provide a decision in writing to the President, KUCFA and the griever not later than ten (10) working days after completion of the grievance hearing.
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.
B. It shall be the duty of the Arbitrator, after due investigation and within thirty(30) days after the oral hearing has been concluded to make his or her decision in writing, furnishing each party a copy thereof. His or her decision shall be final and binding upon the Company and the Union and there shall be no appeal there-from.
C. The Arbitrator shall have no authority to add or subtract from the contract, but shall be limited to interpretation thereof.
Duties of the Arbitrator. 1. The Arbitrator shall confer with the representatives of the Board and the Federation, and hold hearings promptly and shall issue his/her decision no later than twenty (20) working days from the closing date of the hearings or, if oral hearings have been waived, from the date of the final statements and proofs on the issues are submitted to him/her. The Arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted.
2. The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. The Arbitrator shall be without power or authority to make any decisions which requires the commission of any act which is in violation of the law. Furthermore, the Arbitrator’s powers are limited to deciding whether violation(s), misapplication(s), or misrepresentation(s) of specific articles of this Agreement have occurred.
3. The Arbitrator shall have no power to consider or to rule on any grievance which relates to a matter or matters concerning evaluations, seniority or promotion. These grievances shall not be advanced beyond Level Two in this procedure.
4. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Federation. Any other expenses incurred shall be paid by the party incurring same.
5. If the College is found to be in violation of the Agreement, and the Arbitrator's determination is in favor of the Federation, the College will reimburse the Federation for 100% of the legal defense charges/expenses incurred. If the Federation is found to be in violation of the Agreement, and the Arbitrator's determination is in favor of the College, the Federation will reimburse the College for 100% of the legal defense charges/expenses incurred.
Duties of the Arbitrator. It shall be the duty of the arbitrator to hear disputes on subjects within his/her jurisdiction certified to him/her by the Association or by the Board of Education after the grievance procedure of the Agreement has been exhausted. The arbitrator will hear a case or cases in full with findings of fact, conclusions, recommendations and shall render a decision which shall be final and binding upon the parties. Such cases will be referred to the Board of Education for appropriate action.
