Limitation of Arbitrator's Authority Sample Clauses

Limitation of Arbitrator's Authority. The arbitrator will have no authority to (a) add to, subtract from, or in any way modify this Agreement, (b) interpret any policy, practice, or rule not relating to wages, hours or conditions of employment,
Sample 1Sample 2Sample 3See All (9)
AutoNDA by SimpleDocs
Limitation of Arbitrator's Authority. The arbitrator shall have no authority to add to, or subtract from, alter, change, or modify any of the provisions of this Agreement. The decision of the arbitrator shall be limited to only the question or questions submitted to the arbitrator. The arbitrator shall not substitute a judgment for that of the University where the University's judgment and actions do not violate the written provisions of this Agreement. The arbitrator shall not render any decision which would require or result in an action in violation of local, state, or federal law. The arbitrator may make no award which provides the Faculty member compensation greater than would have resulted had there been no violation.
Sample 1Sample 2Sample 3See All (8)
Limitation of Arbitrator's Authority. The arbitrator may award any damages or other relief permitted by applicable substantive law, including punitive damages. But the arbitrator may award punitive damages only under circumstances where a court of competent jurisdiction could award such damages. In awarding punitive damages, the arbitrator must abide by all applicable state and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of any punitive damages award. Before the decision becomes final, the arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the same procedural rights and using the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is located. Any ruling based on this post- award review must be set forth in writing with a reasoned explanation. The arbitrator may award injunctive or declaratory relief that would benefit you or us, but the arbitrator may not award injunctive or declaratory relief for the benefit of others who are not named parties to the arbitration proceedings.
Sample 1Sample 2See All (8)
Limitation of Arbitrator's Authority. The arbitrator shall consider only those issues, including any amendments that were made pursuant to Section 7.7, which have been properly carried through all steps of the grievance procedure. The arbitrator shall afford to the Company, the Union and the employee or employees involved a reasonable opportunity to present the evidence, witnesses and arguments. Persons testifying may be sworn at the request of either party. The jurisdiction of the arbitrator and his decision shall be confined to a determination of the facts and the interpretation or application of the specific provision of this Agreement at issue. The arbitrator shall be bound by the terms and provisions of this Agreement and shall have authority to consider only grievances presenting solely an arbitrable issue under this Agreement. The arbitrator shall have no authority to add to, subtract from, modify or amend any provisions of this Agreement. The arbitrator shall have no authority to interpret any state or federal law when the compliance or noncompliance therewith shall be involved in the consideration of the grievance. The arbitrator shall be bound solely by the evidence presented to him at the hearing and any arguments submitted at the hearing or in post hearing briefs. No new evidence may be submitted with the brief. The decision of the arbitrator shall be rendered as soon as practical after the hearing, but in no event beyond 30 days after the close of said hearing. The arbitrator’s decision shall be final and binding on the Company, the Union and the employee or employees involved, subject to the limitations specified in the Agreement.
Sample 1Sample 2Sample 3See All (7)
Limitation of Arbitrator's Authority. The jurisdiction and authority of the arbitrator shall be limited to the interpretation of the written provisions of this Agreement. The Arbitrator shall have no authority to add or to subtract from or in any way modify the terms and conditions of this Agreement.
Sample 1Sample 2Sample 3See All (5)
Limitation of Arbitrator's Authority. The jurisdiction and authority of the arbitrator and his/her opinion and award shall be limited to the interpretation of the written provisions of this Agreement, Board policy, and individual contracts. The arbitrator shall have no authority to add to or to subtract from or in any way modify the terms and conditions of this Agreement, Board Policy, or individual contracts. A court of competent jurisdiction shall be the appropriate forum for the resolution of disputes over whether or not any written provisions of said Agreement, Board policy, or individual contracts affecting bargaining unit members are contrary to law. Jurisdictional Question In any arbitration proceeding where a question concerning the arbitrator's jurisdiction over the grievance is raised, the arbitrator shall make a separate decision on the question of his/her jurisdiction. In the arbitrator's decision, he/she shall first rule upon the jurisdictional issues and, if the arbitrator determines that he/she has no jurisdiction, the arbitrator shall make no decision or recommendation concerning the merits of the grievance. Nothing contained herein shall prohibit the arbitrator from taking all evidence of the jurisdictional issues and the merits of the grievance in a single hearing.
Sample 1Sample 2Sample 3
Limitation of Arbitrator's Authority. The following are excluded from the grievance procedure established by this Article: (a) violation of Article 12.1 and 12.2, except as provided therein, (b) negotiations for a new or a mandatory agreement. Further, the arbitrator will have no authority to (i) add to, subtract from, or in any way modify this Agreement, (ii) substitute his/her discretion or judgment for the Employer's discretion or judgment with respect to any matter this agreement consigns to the Employer's discretion or judgment, (iii) interpret any policy, practice, or rule except as necessary in interpreting or applying this Agreement, (iv) formulate or add any new policy or rule, (v) establish any new rank or classification, (vi) pass upon the appropriateness of any promotion in rank or denial of such promotion, and
Sample 1Sample 2
AutoNDA by SimpleDocs
Limitation of Arbitrator's Authority. The jurisdiction and authority of the arbitrator and the opinion and award of the arbitrator shall be limited to the interpretation of the written provisions of this Agreement, Board policies, or individual employment contracts. The arbitrator shall have no authority to add to or to subtract from or in any way modify the terms and conditions of the Agreement, Board policies, or individual contracts. A court of competent jurisdiction shall be the appropriate forum for the resolution of disputes over whether or not any written provisions of said Agreement, Board policies, or individual contracts affecting bargaining unit members are contrary to law.
Sample 1
Limitation of Arbitrator's Authority. In the conduct of the hearing, the parties shall be bound by the rules of the American Arbitration Association (AAA), except that they may mutually agree to be bound by expedited AAA rules. The arbitrator shall also be bound by the rules of the AAA in conducting the hearing and rendering his/her decision, provided that he/she shall not have the power or authority to amend, modify, alter, add to or subtract from this Agreement. The arbitrator shall be without authority to substitute his/her judgment for that of the District’s in any matter not specifically contracted away by a provision of this Agreement. he arbitrator’s decision shall be in writing within thirty (30) calendar days and shall set forth the findings of fact, reasoning and conclusions on the issues submitted. A lawful decision of the arbitrator within his/her authority shall be final and binding on the parties.
Sample 1

Related to Limitation of Arbitrator's Authority

  • SCOPE OF ARBITRATOR'S AUTHORITY The Arbitrator shall have no power to alter, amend, add to or subtract from the provisions of this Article or any other terms of this Agreement. If the Arbitrator finds that none of the charges contained in the Notice of Disciplinary Action are true, then he shall set aside the action taken by the appointing authority. If the Arbitrator finds that some or all of the charges are true, then he shall make a decision confirming or modifying the action of the appointing authority provided, however, that his authority to modify the appointing authority's action is limited to those disciplinary actions described in Section 3102. The Arbitrator shall have no authority to increase the discipline imposed by the appointing authority. Notwithstanding the provisions of Section 3105, nothing shall preclude the Arbitrator from ordering the reinstatement of an employee with or without back pay. The decision of the Arbitrator shall be final and binding, subject to judicial review pursuant to Title 9 of Part 3 of the Code of Civil Procedure of the State of California, upon the employee, the County, and if applicable, VCPPOA.

  • Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted.

  • Authority of Arbitration Board The Arbitration Board shall have the power to settle the terms of the question to be arbitrated.

  • Authority of Arbitrator The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions under the Labour Relations Code.

  • Jurisdiction of Arbitrator The arbitrator shall be without power or authority to add to, subtract from, or alter any of the terms of this Agreement. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law. The arbitrator shall have no power or authority to rule on any of the following:

  • Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators:

  • Decision of Arbitrator The decision of the Arbitrator will be final, binding and enforceable on the parties. The Arbitrator will have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement which they deem just and equitable. However, the Arbitrator will not have the power to change this agreement or to alter, modify or amend any of its provisions.

  • Limitations on Authority of Arbitrator The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable laws, or of rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the Village under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section 5.4 shall be final and binding upon the Village, the Chapter and the employees covered by this Agreement.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Initiation of Arbitration Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

Time is Money Join Law Insider Premium to draft better contracts faster.