Limits on Arbitrator's Authority Sample Clauses
Limits on Arbitrator's Authority. A. No decision by an arbitrator shall infringe upon:
1. The obligation of the City as expressed or intended by the provisions of Ohio Law.
2. The statutory obligations of the City.
3. The legal principles expressed by a Ohio Supreme Court determination or by any other court of competent jurisdiction, or in the general body of legal principles which are applicable to municipalities and their municipal functions.
4. Any federal, state, or municipal law.
B. The arbitrator may affirm, disaffirm or modify disciplinary penalties imposed by the City.
C. The arbitrator shall not change wage rates already in effect within the Agreement.
D. The arbitrator's award shall not be retroactive for a period prior to the period covered by the grievance.
E. The arbitrator shall conduct a fair and impartial hearing on the grievances, hearing and recording testimony from both parties and applying the rules of the F.M.C.S., or the S.E.R.B. The arbitrator shall not have the authority to add to, delete from, or modify any provisions of this Agreement.
F. The arbitrator shall expressly confine himself to the precise issues cited in the submissions as per Section 14.4 and shall have no authority or privilege to determine any other issue not so submitted to him. Nor shall the arbitrator have the authority or privilege to submit observations or declarations of opinion which are not directly essential in reaching a decision on the precise subject matter.
G. The arbitrator may not make an award which in effect grants either party that which it was unable clearly to secure during past collective bargaining negotiations.
H. An arbitration award shall not be used as a precedent for any subsequent case, but may be cited in support of the parties' position.
I. The arbitrator shall not grant relief that extends beyond the termination date of this Agreement.
J. The arbitrator's decision and award will be in writing and will specifically state the rationale for the decision. Said decision shall be mailed to the Labor Council and the Mayor of the City or his designee, within thirty (30) days from the date the record is closed. When post-hearing briefs from the parties are requested, the record is not closed until the parties have submitted such briefs.
Limits on Arbitrator's Authority. The Arbitrator will have no authority to consider academic matters or render judgment regarding academic progress or standing, as those matters are not covered under this Agreement. The arbitrator also will have no authority to add to, subtract from, or modify, the provisions of this Agreement.
Limits on Arbitrator's Authority. No decision by an arbitrator shall infringe upon:
Limits on Arbitrator's Authority. The arbitrator also will have no authority to add to, subtract from, or modify, the provisions of this Agreement. The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance as defined in Section 2, submitted to the arbitrator consistent with this Agreement and considered by the arbitrator in accordance with this Agreement. The Arbitrator will have no authority to consider academic matters or render judgment regarding academic progress or standing.
Limits on Arbitrator's Authority. 26 27 A. No decision by an arbitrator shall infringe upon:
Limits on Arbitrator's Authority. The limitations on the powers of the Arbitrator are as follows:
A) The Arbitrator shall not have the power to add to, subtract from, or alter the terms of this Agreement;
B) The Arbitrator shall have no power to establish wage scales, or to change rates for new jobs;
C) The Arbitrator is confined exclusively to the question(s), which is presented to him, which question(s) must be actual and existing.
D) The decision of the arbitrator is final and binding.
E) The arbitrator may sustain, reverse, or modify the discipline as he/she sees fit.
Limits on Arbitrator's Authority. A No decision by an arbitrator shall infringe upon:
(1) The obligation of the City as expressed or intended by the provisions of Ohio Law.
(2) The statutory obligations of the City.
(3) The legal principles expressed by an Ohio Supreme Court determination or by any other court of competent jurisdiction, or in the general body of legal principles which are applicable to municipalities and their municipal functions.
(4) Any federal, state, or municipal law.