Limitation on Arbitrator's Authority. Notwithstanding any other provision of this Article, the Superior Court for the State of California for the County of Orange, shall have sole and exclusive jurisdiction, and an arbitrator shall have no authority, to hear and/or determine: (i) a challenge to the institution or maintenance of a proceeding in arbitration of a claim on the grounds that the claim is barred by the applicable statute of limitations, (ii) the claim is barred by a provision of the California Tort Claims Act, (iii) claimant has failed to satisfy any and all conditions precedent to arbitration, (iv) the right to compel arbitration has been waived by the petitioner, (v) grounds exist for the revocation of the arbitration agreement, and/or (vi) there is the prospect that a ruling in arbitration would conflict with a ruling in a pending proceeding regarding the Project on a common issue of law or fact.
Limitation on Arbitrator's Authority. The arbitrator shall have no right to amend, modify, nullify, ignore or add to the provisions of this Agreement. He shall consider and decide only the particular issue(s) presented to him in writing by the County and the Union and his decision and award shall be based solely on his interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. If the matter sought to be arbitrated does not involve an interpretation of the terms or provisions of this Agreement, the arbitrator shall so rule in his award. The award of the arbitrator shall be final and binding on the County, the Union, and the employee or employees involved.
Limitation on Arbitrator's Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Limitation on Arbitrator's Authority. The Arbitrator shall have no power to alter, amend, change, add to. or subtract from the cited or affected provisions of the MOU raised by the grievance.
Limitation on Arbitrator's Authority. 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 an express provision of this Agreement. The arbitrator shall only be empowered to determine the issue(s) raised by the grievance and submitted in writing at Step 1 of the formal grievance procedure. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall not have the authority to award punitive damages. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award the arbitrator rendered within the limitations of this Article shall be final and binding upon the City, the Union and the Employees covered by this Agreement. In the event the arbitrator finds that he/she has no authority or power to rule in the case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case.
Limitation on Arbitrator's Authority. The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement.
Limitation on Arbitrator's Authority. The Arbitrator shall have authority to consider only a single grievance or several grievances involving a common question or interpretation or application. The Arbitrator shall hold the necessary hearing promptly and issue the decision within thirty (30) days or such time as may be agreed upon.
