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 of this Agreement in the respect alleged in the grievance and the appropriate remedy, if any. The decision of the arbitrator shall be based solely upon the evidence and arguments presented by the respective parties, and upon arguments presented in briefs. The function and purpose of the arbitrator is to rule on any question of arbitrability (if submitted), determine disputed interpretations of terms actually found in the Agreement, determine the facts in dispute, and determine appropriate remedies (if any). The arbitrator shall therefore not have authority to decide any issue not submitted or to interpret or apply the Agreement so as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules for contract construction. Past practice of the parties in interpreting or applying 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 addition, detraction or revision) of the written terms of this Agreement. 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.
Appears in 5 contracts
