Power of Arbitrator. The arbitrator shall not have the power to add to, to subtract from, or to modify in any way the terms of the existing Agreement.
Power of Arbitrator. The Impartial Arbitrator shall not have the power to make any award, which changes, amends, or adds to the provisions of this Contract.
Power of Arbitrator. The arbitrator shall limit his/her decision to the application and interpretation of this Agreement and shall have no power to modify, alter, add to, or subtract from the provisions of this Agreement.
Power of Arbitrator. A. The Arbitrator is charged with conducting an impartial hearing and empowered, except as limited below, to issue a binding decision in case of alleged violations outlined in Article 6, Section 1 of this Agreement.
B. The Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of the Agreement.
C. The Arbitrator shall have no power to establish salary schedules or change salary schedules.
D. The Arbitrator shall have no power to decide any questions that, under this Agreement, are solely within the responsibility of management to decide. In rendering a decision, the Arbitrator shall give due regard to the responsibilities of management except as they may be conditioned by this Agreement.
E. In the event a case is appealed to an arbitrator on which he/she determines he/she has no power to rule, it shall be referred back to OAPSE, with notification to the Administration without decision or recommendation on its merits.
F. The decision of the arbitrator shall be binding on all parties.
G. Three-quarters of the fees and expenses of the arbitrator shall be paid by the losing party and one-quarter by the prevailing party. The arbitrator shall designate the losing and prevailing party as part of his/her decision. Any other expenses resulting from the grievance arbitration shall be borne by the party(s) incurring them and neither party shall be responsible for the expense of witnesses, except where it is mutually agreed because the hearing is during a witness’s regular hours of employment. If a party cancels or postpones the arbitration hearing without sufficient time to avoid the arbitrator’s late cancellation fee, the late cancellation fee shall be paid by the party canceling or postponing the hearing unless there is mutual agreement to share the costs.
Power of Arbitrator. The arbitrator shall have no power to alter or amend the express terms of this Agreement. The decision of the arbitrator shall be final and binding on the parties.
Power of Arbitrator. The arbitrator shall have no power or authority to add to, subtract from, alter or modify the terms of this Agreement, or set a wage rate.
Power of Arbitrator. It shall be the function of the arbitrator, and he/she shall be empowered, except as hisfher powers are limited below, after due investigation, to make a decision in cases of alleged violation of the terms of this Agreement, interpretation of rules and regulations pro- pounded by.. the~.City hereunder, or the reasonableness of such rules and regulations as propounded.
(1) He shall have no power to add to, or subtract from, or modify any of the terms of any Agreement.
(2) He shall have no power to establish salary scales or change any salary. . ~
(3) He shall have no power to su~titute his/her discretion for the City's discretion in cases where the City is given discretion by this Agreement, except that he/she shall have the power to interpret rules and regulations as propounded by the City and/or to determine the reasonableness of such rules and regulations as have been adopted by the terms of this Agreement, as apply to any particular claimant.
(4) He shall have no power to decide any question which, under this Agreement, is within the responsibility of the City to decide. In rendering decisions, an arbitrator shall have due regard to the responsibility of the City and shall so construe the Agreement that there will be no-interference with such responsibilities except as they may be specifically conditioned by this Agreement.
a. In the event that a case is appealed to an arbitra- tor on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merit.
b. If any award of an arbitrator requires the approval of any governmental agency, the said award shall be subject to such approval.
c. There shall be no appeal from an arbitrator's deci- sion. It shall be final and binding on the Union, its members, the employee or employees involved, and the City. The Union shall discourage any attempt of its members, and shall not encourage or cooperate with any of its members in any appeal to any court or Labor Board from a decision of an arbitrator, . nor shall the Union or its members by any other means attempt to bring settlement of any claim or issue.
d. The fees and expenses of- an arbitrator, if any, shall be shared equally by the City and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other party.
Power of Arbitrator. The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement, or add to, subtract from, alter, modify or amend any part of this Agreement. Subject to the provisions of this Agreement, and to the extent that an Artist’s Engagement Contract is not inconsistent with the provisions of this Agreement, the Arbitrator shall not make any decision inconsistent with the provisions of the Artist’s Engagement Contract, or add to, subtract from, alter, modify or amend any part of the Artist’s Engagement Contract.
Power of Arbitrator. (Article XI)
Power of Arbitrator. In the event that an arbitrator concludes that either Party has not complied with its obligations under this Funding Agreement, the arbitrator may order such Party to comply with the provisions of this Funding Agreement in the future, and in the event of non-compliance by the Foundation, the arbitrator may direct the Foundation in the way in which it must modify its funding programs so as to comply with these requirements in the future.
