Effect of Arbitrator’s Award. The arbitrator's award is final and binding on the parties and on every employee affected by it. The Company and the Union shall each pay its own expenses in arbitration. The Company and the Union shall equally share compensation of the neutral arbitrator for services and the expenses for the hearing room.
Effect of Arbitrator’s Award. In considering those grievances concerning actions based on unacceptable performance and adverse actions that are appealable under the statutory appeals procedure, the Arbitrator shall be bound by the policy and the precedents of the Merit Systems Protection Board (“MSPB”), and apply the same appellant standards (e.g., ‘substantial evidence’ for unacceptable performance, ‘preponderance of evidence’ for adverse actions, and ‘arbitrary and capricious abuse of management discretion’ for the penalty of an adverse action). The Arbitrator shall have the authority to resolve any question of arbitrability and to interpret this Agreement. The Arbitrator is bound by and shall apply the “harmful error” concept as developed by MSPB. The Arbitrator shall have no authority to add to or otherwise modify the terms of this agreement or Department of Agriculture policy. Either party may file exceptions to an award with the Federal Labor Relations Authority (“FLRA”) or the appropriate court under regulations prescribed by the Civil Service Reform Act or the FLRA.
Effect of Arbitrator’s Award. In considering those grievances concerning actions based on unacceptable performance and adverse actions that are appealable under the statutory appeals procedure, the Arbitrator will be bound by the policy and the precedents of the Merit Systems Protection Board (“MSPB”), and apply the same appellant standards (e.g., ’substantial evidence’ for unacceptable performance, ‘preponderance of evidence’ for adverse actions, and ‘arbitrary and capricious abuse of management discretion’ for the penalty of an adverse action). The Arbitrator shall have the authority to resolve any question of arbitrability and to interpret this agreement. The Arbitrator is bound by and will apply the “harmful error” concept as developed by MSPB. The Arbitrator shall have no authority to add to or otherwise modify the terms of this agreement or Department of Agriculture policy. Either party may file exceptions to an award with the FLRA or the appropriate court under regulations prescribed by the Civil Service Reform Act or the FLRA.
Effect of Arbitrator’s Award. In considering those grievances concerning actions based on unacceptable performance and adverse actions that are appealable under the statutory appeals procedure, the arbitrator will be bound by the policy and the precedents of the Merit Systems Protection Board, and apply the same appellant standards, i.e., “substantial evidence” for unacceptable performance and a “preponderance of evidence” for adverse actions. The penalty of an adverse action may be reviewed only for “arbitrary and capricious abuse of management discretion.” The arbitrator shall have the authority to resolve any question of arbitrability and to interpret this agreement. The arbitrator is bound by and will apply the “harmful error” concept as developed by MSPB. The arbitrator shall have no authority to add to or otherwise modify the terms of this agreement or Department of Agriculture policy.
Effect of Arbitrator’s Award. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any terms of this agreement.
Effect of Arbitrator’s Award. An arbitral award issued pursuant to this Section 11 shall be final and binding upon the parties and not subject to appeal and otherwise have the effects specified in the Agreement. The parties shall promptly implement any arbitral award.
