Common use of Limitation of Arbitrator Clause in Contracts

Limitation of Arbitrator. The Arbitrator shall be subject to the following limitations: 31.13.1 The Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 31.13.2 The Arbitrator shall have no power to establish salary structures or change any salary. This limitation does not apply to changing placement on a salary schedule. 31.13.3 The Arbitrator shall have no power to recommend or resolve: 31.13.3.1 Any issue arising out of the exercise by the Board and the Administration of its responsibilities under the District Rights Section of this Agreement; 31.13.3.2 Issues involving the content of evaluation. 31.13.4 The Arbitrator shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule, or any action taken by the District. 31.13.5 The Arbitrator shall have no authority to usurp the Board's financial rights and responsibilities, but may recommend to the Board to rectify contractual errors that have resulted in loss of compensation to the grievant(s). 31.13.6 Expenses incurred by the Arbitrator shall be shared equally by the District and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. 31.13.7 The fact that the grievance has been considered by the parties in the preceding step of the grievance shall not constitute a waiver of jurisdictional limitations upon the Arbitrator in this Agreement. 31.13.8 Either party may request a certified court reporter to record the entire hearing. 31.13.8.1 The cost of the services and expenses of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they both mutually agree. 31.13.8.2 If the Arbitrator requests a court reporter, then the costs shall be shared by both parties. 31.13.8.3 The court reporter shall deliver a copy of the proceedings to each requesting party as soon as possible. 31.13.8.4 Cost of copies of the proceedings shall be paid by party(ies) requesting such copy(ies).