FINDINGS OF THE ARBITRATOR Sample Clauses

FINDINGS OF THE ARBITRATOR. (S) The findings of the Arbitrator(s) or the majority of the Board of Arbitrators as to the facts and as to the interpretation, application, administration or alleged violation of this Agreement, including the question as to whether the matter is arbitrable, shall be final, conclusive and binding upon all parties concerned, but in no event shall the arbitrator be authorized to alter, modify or amend any part of this Agreement. If an Arbitrator(s) decides that the Company failed to exercise its judgement pursuant to section 16.03 (Job Selection) in a fair and reasonable manner the Company shall fill the vacancy with the applicant having the greatest seniority, providing he has the ability, knowledge, training and skill to do the job. Where an Arbitrator(s) determines that an Employee has been discharged or otherwise disciplined by the Company for just cause, the arbitrator may substitute such other penalty for the discharge or discipline as the Arbitrator(s) considers just and reasonable in all the circumstances.
Sample 1
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Related to FINDINGS OF THE ARBITRATOR

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

  • Expenses of the Arbitrator The fees and expenses of the arbitrator and any other common expenses shall be shared equally by both parties.

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator.

  • Xxxxxx of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.

  • Powers of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.

  • Authority of the Arbitrator i. It is the intent of both parties to this Collective Agreement that no grievance shall be defeated merely because of a technical error in processing the grievance through the grievance procedure. To this end an arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case.

  • Jurisdiction of the Arbitrator The arbitrator shall have no power to alter, add to, subtract from the terms of this Agreement. The arbitrator's decision will be based upon the specific provisions of this Agreement. This arbitration provision shall be for grievances only.

  • Arbitrators 1 Except in respect of a Tribunal established under Article 32 (Consolidation), and unless the disputing parties agree otherwise, the Tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the presiding arbitrator, appointed by agreement of the disputing parties.

  • Costs of the Arbitration Each party is responsible for its own attorney, expert, and other costs and fees unless applicable law requires otherwise. Each party is also responsible for one-half of any costs and fees charged by the arbitration organization and arbitrator(s) to administer the arbitration to the maximum extent permitted by law or rule. Where permissible by law, the prevailing party may be required to reimburse the other party for the costs and fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s).

  • Appointment of the Arbitrator When a Party has requested that a grievance be submitted to arbitration, an Arbitrator shall be selected from the agreed upon list outlined in Appendix B.

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