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.
Appears in 5 contracts
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.
Appears in 4 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 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.
Appears in 4 contracts
Samples: Classified Employee Agreement, Classified Employee Agreement, Campus Supervisor Agreement
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.
Appears in 3 contracts
Samples: Paraeducator Employee Agreement, Paraeducator Employee Agreement, Campus Supervisor Agreement
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.
Appears in 3 contracts
Samples: Agreement, Agreement, Certificated Bargaining Agreement
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.
Appears in 2 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 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.
Appears in 1 contract
Samples: Classified Employee Agreement
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.
Appears in 1 contract
Samples: Campus Supervisor Agreement
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.
Appears in 1 contract
Samples: Campus Supervisor Agreement
Limitations Upon Arbitrator. 48 The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the 49 terms of this Agreement, but shall determine only whether or not there has been a violation, misapplication or misinterpretation violation of 50 this Agreement in respect to the respect alleged in the Grievancegrievance. In determining whether the District 51 has violated an express term of this Agreement, the standard of review for an the arbitrator is to be 1 whether the District acted in an arbitrary, capricious capricious, or discriminatory manner. The decision of 2 the arbitrator shall be based solely upon the evidence and arguments presented to him him/her by 3 the respective parties in the presence of each other, and upon arguments presented in briefsbrief.
Appears in 1 contract
Samples: Master Agreement