Common use of Limitations Upon Arbitrator Clause in Contracts

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory manner. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty (20) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. The arbitrator may hear and determine only one grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add totoo, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory manner. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 7.5.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his opinion such decision or award awards is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no . 7.5.4.2 No decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty ten (2010) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 7.5.4.3 The arbitrator may hear and determine only one (1) grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add totoo, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrarythere has been a violation, capricious misapplication, or discriminatory mannermisinterpretation of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him them by the respective parties in the presence of each other, and upon arguments presented in briefsbriefs or orally at the close of the arbitration. 3.6.5.1 7.5.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he they consider it his their function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his their opinion such decision or award awards is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty (20) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 7.5.4.2 The arbitrator may hear and determine only one (1) grievance at a time unless the District parties expressly agrees agree otherwise. However, both Both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, and misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory manner. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 18.5.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed disrupted interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no . 18.5.4.2 No decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty ten (2010) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 18.5.4.3 The arbitrator may hear and determine only one grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory manner. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 17.4.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed disrupted interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no . 17.4.4.2 No decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty ten (2010) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 17.4.4.3 The arbitrator may hear and determine only one grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall will have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, Agreement but shall will determine only whether or not there has been a violation, misapplication misapplication, or misinterpretation of this Agreement in the respect alleged in the Grievancegrievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an the arbitrator is to be whether the District acted in an arbitrary, capricious capricious, or discriminatory manner. The decision of the arbitrator shall will be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 16.3.5.4.1 This Agreement constitutes a contract between the parties which shall will be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore will, therefore, not have authority, nor shall he consider will it his be within the arbitrator's function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall will not render any decision or award, or fail to render any decision or award, merely because in his it is the arbitrator's opinion that such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no . 16.3.5.4.2 No decision rendered by the arbitrator shall will be retroactive beyond the beginning of the fiscal year prior to the twenty (20) ten-day period specified in Level Step I of the grievance procedure. The arbitrator shall will have no power to render an award on any grievance occurring before or after the term of this Agreement. . 16.3.5.4.3 The arbitrator may hear and determine only one (1) grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall will have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, Agreement but shall will determine only whether or not there has been a violation, misapplication misapplication, or misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory mannergrievance. The decision of the arbitrator shall will be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 16.2.4.4.1 This Agreement constitutes a contract between the parties which shall will be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore will, therefore, not have authority, nor shall he consider will it his be within the arbitrator's function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall will not render any decision or award, or fail to render any decision or award, merely because in his it is the arbitrator's opinion that such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no . 16.2.4.4.2 No decision rendered by the arbitrator shall will be retroactive beyond the beginning of the fiscal year prior to the twenty (20) ten-day period specified in Level I Step One of the grievance procedure. The arbitrator shall will have no power to render an award on any grievance occurring before or after the term of this Agreement. . 16.2.4.4.3 The arbitrator may hear and determine only one grievance at a time unless CSEA and the District expressly agrees agree otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, and misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory manner. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 19.5.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no . 19.5.4.2 No decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal one year prior to the twenty ten (2010) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 19.5.4.3 The arbitrator may hear and determine only one grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, and misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrarythere has been a violation, capricious misapplication, or discriminatory mannermisinterpretation of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him them by the respective parties in the presence of each other, and upon arguments presented in briefsbriefs or orally at the close of the arbitration. 3.6.5.1 19.5.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he they consider it his their function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his their opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty (20) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 19.5.4.2 The arbitrator may hear and determine only one grievance at a time unless the District parties expressly agrees agree otherwise. However, both Both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add totoo, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrarythere has been a violation, capricious misapplication, or discriminatory mannermisinterpretation of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him them by the respective parties in the presence of each other, and upon arguments presented in briefsbriefs or orally at the close of the arbitration. 3.6.5.1 17.4.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he they consider it his their function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his their opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty (20) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 17.4.4.2 The arbitrator may hear and determine only one (1) grievance at a time unless the District parties expressly agrees agree otherwise. However, both Both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misappli- cation, misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory manner. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 18.5.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed disrupted interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no . 18.5.4.2 No decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty ten (2010) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 18.5.4.3 The arbitrator may hear and determine only one grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, and misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory manner. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him them by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 17.5.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed disrupted interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no . 17.5.4.2 No decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty ten (2010) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 17.5.4.3 The arbitrator may hear and determine only one grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, and misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrarythere has been a violation, capricious misapplication, or discriminatory mannermisinterpretation of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him them by the respective parties in the presence of each other, and upon arguments presented in briefsbriefs or orally at the close of the arbitration. 3.6.5.1 19.5.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he they consider it his their function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty (20) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. their 19.5.4.2 The arbitrator may hear and determine only one grievance at a time unless the District parties expressly agrees agree otherwise. However, both Both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misapplication, misinterpretation of this Agreement in the respect alleged in the Grievance. In determining whether the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory manner. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 18.5.4.1 This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed disrupted interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his opinion such decision or award is fair or equitable. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no . 18.5.4.2 No decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year prior to the twenty ten (2010) day period specified in Level I of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. . 18.5.4.3 The arbitrator may hear and determine only one grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.

Limitations Upon Arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violationmisapplication, misapplication misinterpretation or misinterpretation violation of this Agreement the Agreement, in the respect alleged in the Grievance. In determining whether grievance and the District has violated an express term of this Agreement, the standard of review for an arbitrator is to be whether the District acted in an arbitrary, capricious or discriminatory mannerappropriate remedy. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 3.6.5.1 . This Agreement constitutes a contract collective bargaining agreement between the parties which shall be interpreted and applied by to the parties and by the arbitrator in the same manner as any other contract collective bargaining agreement under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function, authority to decide any issue not submitted or to so interpret or apply the Agreement so as to change that which what can fairly be said to have been the intent of the parties as determined by generally accepted rules of for contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be considered relevant evidence, but shall not be used so as to justify, or result in, a modification (whether by addition or detraction) of the written terms of this Agreement. The arbitrator shall not render any decision or award, or fail only have the power to render any decision an award on grievances occurring while this Agreement is in effect. The arbitrator may hear and determine only 1 grievance at a time unless the parties expressly agree otherwise. Both parties will in good faith endeavor to handle cases which involve the same or award, merely because similar facts and issues in his opinion such decision or award is fair or equitablean expeditious and convenient manner. Except for grievances which state a continuing violation of the agreement disputing pay or benefits, no No decision rendered by the arbitrator shall be retroactive beyond the beginning of the fiscal year last payroll period prior to the twenty (20) 20 day period specified in Level I Step 1 of the grievance procedure. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. The arbitrator may hear and determine only one grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.