Limitations of Arbitrator Sample Clauses

Limitations of Arbitrator. The Arbitrator shall have no power to: add to, subtract from, disregard, alter or modify any of the terms of this Agreement and shall not include issues in the decision that are not directly involved in the case submitted. The governing board shall determine within its sole discretion, all matters pertaining to discipline, including dismissal, of employees covered by this collective bargaining agreement.
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Limitations of Arbitrator. The arbitrator shall have no power to rule on any of the following: 1. The termination of services of or failure to re-employ any probationary bargaining unit member. 2. The termination of services or failure to re-employ any bargaining unit member to a position other than that member’s position.
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Limitations of Arbitrator. 1. The arbitrator shall have no power to change any practice, policy, or rule of the Board which is not inconsistent with the terms of this Agreement or to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. 2. The power of the arbitrator shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement and issuing appropriate remedies. 3. The arbitrator shall have no power to rule upon any issue involving: a. The termination or failure to re-employ any teacher to an extra duty position. b. Any matter for which the teacher has elected to pursue relief from an administrative agency specified in state or federal law as the procedure for review or resolution, such as, but not limited to, the Michigan Tenure Commission and the Michigan Civil Rights Commission.
Sample 1Sample 2
Limitations of Arbitrator. The arbitrator shall have no power to rule on any of the following:
Sample 1Sample 2
Limitations of Arbitrator. 1. The arbitrator shall have no power to change any practice, policy, or rule of the Board which is not inconsistent with the terms of this Agreement or to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. 2. The power of the arbitrator shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement and issuing appropriate remedies. 3. All claims for back pay shall be limited to the amount of pay that the employee would otherwise have earned less any compensation that he may have received from the District during the period of back pay and unemployment compensation. 4. The arbitrator shall have no power to rule upon any issue involving: a. The termination or failure to re-employ any probationary teacher. b. The termination or failure to re-employ any teacher to an extra duty position. c. Any matter of the content of a teacher's evaluation. d. Any matter for which the teacher has elected to pursue relief from an administrative agency specified in state or federal law as the procedure for review or resolution, such as, but not limited to, the Michigan Tenure Commission and the Michigan Civil Rights Commission.
Sample 1
Limitations of Arbitrator. The Arbitrator shall have no power to add to or subtract from or modify in any way any of the terms of this Agreement; nor shall the Arbitrator have jurisdiction in any case submitted to arbitration to affect in any way, directly or indirectly, by any decision or in any other manner, the right and responsibility of the Company to direct its operations; to determine the number and location of its plants; the product to be manufactured; the types of work to be performed; the size and number of the working force in the active employ of the Company from time to time; whether the Company's work shall be performed by employees of the Company or independent contractors or their employees; the identity of the Company's personnel to whom work shall be assigned; whether transfers, promotions, or demotions are to be made; the identity of or number of new employees to be hired; the schedules of production; shift schedules and hours of work; the methods, processes, and means of manufacturing; and to select and hire employees, including the right to make and apply rules and regulations for production, discipline, efficiency, and safety unless otherwise provided by this Agreement.
Sample 1

Related to Limitations of Arbitrator

  • Powers of Arbitrator a. The Arbitrator shall be empowered, except as limited herein, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications of a specific Article and Section of this Agreement. 1) The Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2) The Arbitrator shall have no power to establish salary scales, change any salary figures in the Agreement, or increase or change any staffing requirements set forth in this Agreement. 3) The Arbitrator shall have no power to rule on any of the following: The termination of services of, or failure to re-employ any probationary employee. 4) The Arbitrator’s powers shall be limited to deciding whether the District has violated the specific articles or sections of this Agreement. It is agreed (except as to the provisions set forth in this Agreement) the Arbitrator shall have no power to change any practice, policy or rule of the District. 5) The Arbitrator shall have power to make monetary awards but not to award monetary damages. 6) In rendering decisions, the Arbitrator shall give full recognition to the responsibilities of the Board which establishes the District's rights, powers and authority as that exercised or it had prior to the date of this Agreement as specifically limited by express provisions of this Agreement. The Arbitrator’s decision shall be consistent with the rights reserved to the District by this provision. 7) If the arbitrability of any grievance under the terms of this Agreement is disputed, or if either party alleges that the other has failed to comply with the grievances or arbitration procedure, the Arbitrator shall first rule on the question of arbitrability or procedure. Should the Arbitrator determine that the grievance is not arbitrable, it shall be referred back to the parties without decision or recommendation as to its merits. b. Although the arbitrator may cite law in making his/her award, he/she shall have no power to interpret State and/or Federal Law, to hear any matter involving constitutional rights or to render any provisions of this Agreement inapplicable by reason thereof. c. The Arbitrator’s decisions shall be submitted in writing and shall set forth his findings and conclusions with respect to the issue submitted to arbitration. d. There shall be no appeal from an arbitrator's decision. If within the scope of his/her authority as set forth herein, and it shall be final and binding on the Union, members of the bargaining unit, the employee or employees involved, and the District.

  • Conduct of Arbitration a) The seat of the arbitration shall be at New Delhi, India. b) The language to be used in the arbitral proceedings shall be English

  • Expenses of Arbitrator ‌ Each party shall pay one-half of the fees and expenses of the Arbitrator.

  • Selection of Arbitrator Upon the proper submission of a grievance under the terms of this procedure, the parties shall, within ten (10) days after the request to arbitrate, attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either party may request the BMS to appoint an arbitrator, pursuant to PELRA, providing such request is made within twenty (20) days after request for arbitration. The request shall ask that the appointment be made within thirty (30) days after the receipt of said request. Failure to request an arbitrator from the BMS within the time periods provided herein shall constitute a waiver of the grievance.

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