Limits of Arbitrator. No arbitrator shall entertain, hear, decide, or make recommendations on the dispute a) unless the Association seeks a determination, or b) if the dispute involves the issue of unit determi- nation, or c) if the dispute involves a question of representation, or d) if the aggrieved em- ployee is not in a classification within the unit represented by the Association.
Limits of Arbitrator. The arbitrator shall have no power to: (1) add to or subtract from, or modify any of the terms of this Agreement; (2) establish or change any wage scale or any other compensation formula; (3) hear any dispute over whether just cause existed to give an employee an oral warning, except where necessary to determine whether just cause existed for subsequent discipline more severe than an oral warning and the oral warning was previously timely grieved through Steps 1 through 3 of the grievance procedure; or, (4) arbitrate any matter after this Agreement has expired other than matters which arose prior to the time of expiration of the Agreement.
Limits of Arbitrator a. The arbitrator shall have no power to: (1) add to or subtract from, or modify any of the terms of this Agreement; (2) establish or change any wage scale or any other compensation formula; (3) hear or decide any dispute as to the numbers or classifications of employees needed or the division of duties among employees, at any given time, to provide patient care for the Hospital’s patients or perform the assigned work; (4) award back pay for any period more than fourteen (14) days prior to the filing of the grievance (except that this period may be extended for up to 6 months only for those situations involving the incorrect administration of a pay practice that could not have been discovered through an examination of the employee’s pay check/pay stub, time records, generally available published pay policies, and this collective bargaining agreement.); (5) hear any dispute over whether just cause existed to give an employee an oral warning, except where necessary to determine whether just cause existed for subsequent discipline more severe than an oral warning and the oral warning was previously timely grieved through Steps 1 through 3 of the grievance procedure; (6) arbitrate any matter after this Agreement has expired other than matters which arose prior to the time of expiration of the Agreement; or, (7) modify or alter the penalty imposed by the Employer unless the Arbitrator determines that the weight of the evidence contained in the record shows there was not just cause for the specific penalty imposed.
Limits of Arbitrator. The arbitrator shall have no power to: (1) add to or subtract from, or modify any of the terms of this Agreement; (2) establish or change any wage scale or any other compensation formula; (3) hear or decide any dispute as to the numbers or classifications of employees needed or the division of duties among employees, at any given time, to provide patient care for the Hospital’s patients or perform the assigned work; (4) award back pay for any period more than fourteen (14) days prior to the filing of the grievance (except that this period may be extended for up to 6 months only for those situations involving the incorrect administration of a pay practice that could not have been discovered through an examination of the employee’s pay check/pay stub, time records, generally available published pay policies, and this collective bargaining agreement.); (5) hear any dispute over whether just cause existed to give an employee an oral warning, except where necessary to determine whether just cause existed for subsequent discipline more severe than an oral warning and the oral warning was previously timely grieved through Steps 1 through 3 of the grievance procedure; (6) arbitrate any matter after this Agreement has expired other than matters which arose prior to the time of expiration of the Agreement; or, (7) modify or alter the penalty imposed by the Employer unless the Arbitrator determines that the weight of the evidence contained in the record shows there was not just cause for the specific penalty imposed. During the grievance procedure, either party may request the other party to produce evidence relevant to the grievance that is within that party’s possession or control. The arbitrator will not consider any evidence from a party that failed to produce such evidence in support of that party’s position during Steps 1 through 3 of the grievance procedure in response to a reasonably specific request for production of such evidence. If there is an issue as to whether a grievance is arbitrable (procedural arbitrability) under this Agreement, no arbitrator may hear or decide both the merits and the issue of arbitrability in a single arbitration hearing unless both parties specifically agree to such a submission in a single writing. Where separate arbitration hearings are held on the merits and the issue of arbitrability the parties agree that the same arbitrator shall be used unless otherwise mutually agreed. Where separate arbitration hearings are held on the ...
Limits of Arbitrator. (a) The arbitrator shall have no power to: (1) add to or subtract from, or modify any of the terms of this Agreement; (2) establish or change any wage scale or any other compensation formula; (3) hear or decide any dispute as to the numbers or classifications of employees needed, at any given time, to provide patient care for the Hospital's patients or perform the assigned work;
Limits of Arbitrator. (a) The arbitrator shall have no power to: (1) add to or subtract from, or modify any of the terms of this Agreement; (2) establish or change any wage scale or any other compensation formula; (3) award back pay for any period more than thirty (30) days prior to the filing of the grievance, (4) hear any dispute over whether just cause existed to give an employee an oral warning; (5) arbitrate any matter after this Agreement has expired; or, (6) modify or alter the penalty imposed by the Employer unless the Arbitrator determines that the weight of the evidence contained in the record shows there was not just cause for the specific penalty imposed.
