Common use of Hearings and Decisions Clause in Contracts

Hearings and Decisions. (1) After the A.A.A. or FMCS has been notified of the selection of the arbitrator, and contact has been made with the arbitrator, the date for the arbitration hearing will be set within thirty (30) calendar days from the date the arbitrator is notified of his/her selection. This date may be extended by mutual agreement of the parties. (2) All testimony given at the arbitration hearing shall be under oath. The arbitrator may not issue declaratory or advisory opinions, and shall be confined exclusively to the issues presented by the parties and addressed at the earlier stages of the grievance procedure. (3) The arbitrator shall consider only the specific issues(s) submitted to him/her in writing by the parties and shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration, or which is not specifically covered by this Agreement. (4) The arbitrator shall base his/her decision exclusively on the testimony and documentary evidence submitted by the parties as part of the hearing, and his/her conclusions based on that evidence. (5) The arbitrator’s authority is limited strictly to the application and interpretation of the provisions of this Agreement, and he/she shall not have authority or power to make any decision that is contrary to, inconsistent with, or which modifies in any way the terms of this Agreement. Furthermore, the arbitrator may not usurp any authority or responsibility of the City as provided by Chapter 447 Florida Statutes, or the Charter of the City of Jacksonville, unless specifically provided for by this Agreement. (6) Where the arbitrator finds that the aggrieved employee in a disciplinary case committed the infraction for which he/she was charged, the arbitrator shall have no authority to reduce or amend the penalty imposed by the Employer. (7) At the conclusion of the arbitration hearing, post-hearing briefs may be filed at the request of either party or the arbitrator. The arbitrator shall have thirty (30) days after the hearing is concluded, or receipt of briefs, to render his/her decision and findings of fact. (8) The arbitrator’s decision shall be final and binding on all parties if made in accordance with his/her jurisdiction and authority under this Agreement.

Hearings and Decisions. (1) After the A.A.A. or FMCS has been notified of the selection of the arbitrator, and contact has been made with the arbitrator, the date for the arbitration hearing will be set within thirty (30) calendar days from the date the arbitrator is notified of his/her selection. This date may be extended by mutual agreement of the parties. (2) All testimony given at the arbitration hearing shall be under oath. The arbitrator may not issue declaratory or advisory opinions, opinions and shall be confined exclusively to the issues presented by the parties and addressed at the earlier stages of the grievance procedure. (3) The arbitrator shall consider only the specific issues(s) submitted to him/her in writing by the parties and shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration, or which is not specifically covered by this Agreement. (4) The arbitrator shall base his/her decision exclusively on the testimony and documentary evidence submitted by the parties as part of the hearing, and his/her conclusions based on that evidence. (5) The arbitrator’s authority is limited strictly to the application and interpretation of the provisions of this Agreement, and he/she shall not have authority or power to make any decision that is contrary to, inconsistent with, or which modifies in any way the terms of this Agreement. Furthermore, the arbitrator may not usurp any authority or responsibility of the City as provided by Chapter 447 Florida Statutes, or the Charter of the City of Jacksonville, unless specifically provided for by this Agreement. (6) Where the arbitrator finds that the aggrieved employee in a disciplinary case committed the infraction for which he/she was charged, the arbitrator shall have no authority to reduce or amend the penalty imposed by the Employer. (7) At the conclusion of the arbitration hearing, post-hearing briefs may be filed at the request of either party or the arbitrator. The arbitrator shall have thirty (30) days after the hearing is concluded, or receipt of briefs, to render his/her decision and findings of fact.and (8) The arbitrator’s decision shall be final and binding on all parties if made in accordance with his/her jurisdiction and authority under this Agreement.

Hearings and Decisions. (1) After the A.A.A. or FMCS has been notified of the selection of the arbitrator, and contact has been made with the arbitrator, the The date for the arbitration hearing will be set within thirty sixty (3060) calendar days from the date the arbitrator is was notified of his/her selection. This date may be extended by mutual agreement of the parties. (2) All testimony given at the arbitration hearing shall will be under oath. The arbitrator may not issue declaratory or advisory opinions, opinions and shall be confined exclusively to the issues presented by the parties and addressed at the earlier stages of the grievance procedure. (3) The arbitrator shall consider only the specific issues(sdispute(s) regarding the application or interpretation of this Agreement submitted to him/her in writing by the parties and parties. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration, or which is not specifically covered by this Agreement. (4) The arbitrator shall base his/her decision exclusively on the testimony and documentary evidence submitted by the parties as part of the hearing, and his/her conclusions based on that evidence. (5) The arbitrator’s authority is limited strictly to the application and interpretation of the provisions of this Agreement, Agreement and he/she shall not have authority or power to make any decision that is contrary to, inconsistent with, or which modifies in any way the terms of this Agreement. Furthermore, the arbitrator may not usurp any authority or responsibility of the City as provided by Chapter 447 447, Florida Statutes, Statutes or the Charter of the City of Jacksonville, Jacksonville unless specifically provided for by this Agreement. (6) Where the arbitrator finds that the aggrieved employee Grievant in a disciplinary case committed the infraction for which he/she was charged, the arbitrator shall have no authority to reduce or amend the penalty imposed by the EmployerCity. (7) At the conclusion of the arbitration hearing, post-hearing briefs may be filed at the request of either party or the arbitrator. The arbitrator shall have thirty (30) days after the hearing is concluded, or receipt of briefs, to render issue his/her decision and findings of fact.in writing within thirty (8) The arbitrator’s decision shall be final and binding on all parties parties, if made in accordance with his/her jurisdiction and authority under this Agreement. (9) In settlement of any grievance resulting in retroactive adjustment, such adjustment shall be limited to the effective date of the agreement.