Limitation Upon the Arbitrator Sample Clauses

Limitation Upon the Arbitrator. The arbitrator shall have no power to add, subtract, disregard, alter, or modify any of the terms of this Agreement. The arbitrator shall have the authority to grant or recommend the payment of salary if it is proven that the Grievant has rendered service and has not been paid for that service; the arbitrator may require the District to pay the salary due for such service. Other monetary awards may be granted in accordance with the principle of arbitration to make the injured party whole. If a monetary award, other than salary for services rendered, is made in excess of $2,500, the Board of Trustees shall review the arbitrator's decision and render a final decision as to the amount, in excess of $2,500, to be granted. In grievances involving alleged contract violations, the arbitrator's decision shall be limited to a specific finding regarding that alleged violation of a specific term of the Agreement. Past practice of the parties in interpreting and applying the terms of this Agreement may be relevant evidence, but shall not be used so as to justify or result in what is in effect a modification (whether by revision, addition, or detraction) of the terms of this Agreement. The arbitrator shall have no power to render recommendations on any grievance occurring before or after the terms of this Agreement or to grant a remedy exceeding that sought by the Grievant.
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Related to Limitation Upon the 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.

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

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

  • Rules of the Arbitration If the amount in controversy is less than $250,000, the arbitration will be decided by a single arbitrator. If the amount in controversy is greater than or equal to $250,000, the arbitration will be decided by a panel of three arbitrators. The arbitrator(s) will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose JAMS (0000 Xxxx Xxxxxx, Xxx. 000, Xxxxxx, XX 00000, xxx.xxxxxxx.xxx) or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (000 Xxxxxxxx Xxx. East, Suite 000, Xxxxxxx, Xxxxxxx, X0X 0X0, xxx.xxxx.xxx). These organizations’ rules can be obtained by contacting the organization or visiting its website. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, the provisions of this Arbitration Clause control. The award of the arbitrator(s) shall be final and binding on all parties.

  • 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.

  • Power of the Arbitrator 1. It shall be the function of the arbitrator and s/he shall be empowered except as the powers are limited below, after due investigation to make a binding decision.

  • 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.

  • Selecting an Arbitrator The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.

  • 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.

  • Claims Not Subject to Arbitration If the following claims are not resolved through informal Dispute Resolution, they will not be subject to arbitration and must be resolved through any remedy available to a Party pursuant to law, equity or agency mechanism.

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