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 as to whether there has been a violation, misinterpretation, or misapplication of this Agreement. The arbitrator shall have no authority to make a decision on any issue not submitted and raised during the processing of the grievance prior to the appeal of the grievance to arbitration. The arbitrator shall be without power to make any decision or award which is contrary to applicable laws, or of rules and regulations of regulatory agencies that have the force and effect of law. An arbitrator shall have the authority to assess costs and attorney’s fees against any party (i.e., the Faculty member(s) who is the Grievant(s), the Association, or the Board) if any such party has engaged in frivolous litigation tactics for the purpose of delay or needless increase in the cost of processing a grievance. Any decision or award of the arbitrator rendered within the limitations of this Article shall be final and binding upon the Board, the Association, and the Faculty members covered by this Agreement.
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