Common use of Limits on Arbitrator's Authority Clause in Contracts

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. 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. X. 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. A. (A) No decision by an arbitrator shall infringe upon: (1. ) The obligation of the City as expressed or intended by the provisions provision 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, jurisdiction or in the general body of legal principles which are applicable to municipalities and their municipal functionsfunction. (4. ) Any matter relating to the operation and jurisdiction of the Civil Service Commission, including rules which the Commission is authorized to promulgate. (5) Any federal, state, or municipal law. B. (B) The arbitrator may affirm, disaffirm affirm or modify disciplinary penalties or discipline imposed by the City. C. (C) “Past practices” not specifically referred to in this Agreement shall be considered null and void. (D) The arbitrator shall not change wage rates already in effect within the Agreement. D. The arbitrator's (E) No award of any arbitrator shall not be retroactive for a period prior to the period covered by the filing of a grievance. E. (F) The arbitrator shall conduct a fair and impartial hearing on is prohibited from granting relief extending beyond 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 termination date of this Agreement. F. (G) Unless the parties agree otherwise, the arbitrator is prohibited from mediating (negotiating a settlement of) the dispute but must restrict himself to hearing the facts and deciding the issues’ merits. The arbitrator shall expressly confine himself to the precise issues cited in the submissions as per Section 14.4 submitted for arbitration 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 matterdetermination. The parties shall not cite, and the arbitrator shall not consider any contract article or issue not cited in the submission agreement pursuant to Section 25.7 herein. G. (H) The arbitrator may not modify, detract from, or alter the provisions of the contract, nor substitute his discretion for management’s discretion. (I) 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. (J) 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. (X) The arbitrator shall not grant relief that extends beyond reduce his award to writing and state his reasons for reaching the termination date of this Agreement. J. The arbitrator's decision and award will be award, unless both parties agree in writing and will specifically state that this is not necessary. Copies of the rationale for the decision. Said decision award shall be mailed forwarded 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 briefsboth parties.

Limits on Arbitrator's Authority. A. (A) No decision by an arbitrator shall infringe upon: (1. ) The obligation of the City as expressed or intended by the provisions provision 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, jurisdiction or in the general body of legal principles which are applicable to municipalities and their municipal functionsfunction. (4. ) Any matter relating to the operation and jurisdiction of the Civil Service Commission, including rules which the Commission is authorized to promulgate. (5) Any federal, state, or municipal law. B. (B) The arbitrator may affirm, disaffirm affirm or modify disciplinary penalties or discipline imposed by the City. C. (C) “Past practices” not specifically referred to in this Agreement shall be considered null and void. (D) The arbitrator shall not change wage rates already in effect within the Agreement. D. The arbitrator's (E) No award of any arbitrator shall not be retroactive for a period prior to the period covered by the filing of a grievance. E. (F) The arbitrator shall conduct a fair and impartial hearing on is prohibited from granting relief extending beyond 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 termination date of this Agreement. F. (G) Unless the parties agree otherwise, the arbitrator is prohibited from mediating (negotiating a settlement of) the dispute but must restrict himself to hearing the facts and deciding the issues’ merits. The arbitrator shall expressly confine himself to the precise issues cited in the submissions as per Section 14.4 submitted for arbitration 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 matterdetermination. The parties shall not cite, and the arbitrator shall not consider any contract article or issue not cited in the submission agreement pursuant to Section 25.7 herein. G. (H) The arbitrator may not modify, detract from, or alter the provisions of the contract, nor substitute his discretion for management’s discretion. (I) 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. (J) 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. (K) The arbitrator shall not grant relief that extends beyond reduce his award to writing and state his reasons for reaching the termination date of this Agreement. J. The arbitrator's decision and award will be award, unless both parties agree in writing and will specifically state that this is not necessary. Copies of the rationale for the decision. Said decision award shall be mailed forwarded 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 briefsboth parties.