Power of the Arbitrator. 1. An arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Contract.
2. S/he shall have no power to rule on the substantive reasons of the Board not to reemploy an annual contract teacher, placement of an annual contract teacher on a fourth year of annual contract, or the decision not to continue any teacher in any extracurricular activity, provided that said reason does not amount to a violation, misinterpretation, or misapplication of this Contract. The arbitrator, however, shall have the power to rule on the procedural violations of the above.
3. S/he shall have no power to rule on an alleged violation, misinterpretation, or misapplication of School Board policy, provided that there was no violation, misinterpretation, or misapplication of this Contract.
Power of the Arbitrator. The arbitrator has all of the powers granted to arbitrators under the Canada Labour Code Part I in addition to any powers which are contained in this Agreement.
Power of the Arbitrator. 5.3.2.1 The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. 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 the express term of this Agreement in the respect alleged in the Grievance.
5.3.2.2 The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he/she consider it his/her function to decide any issue not submitted or to so interpret or apply the Agreement so as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction.
5.3.2.3 The decision of the arbitrator shall be final and binding on all parties.
5.3.2.4 Grievances involving alleged violations of tenure review processes and negative decisions regarding tenure shall be handled in accord with Section 5.3.3 below, and will be subject to advisory arbitration.
Power of the Arbitrator. The decision of the arbitrator must be based on an interpretation of one or more of the provisions of this Agreement or any supplement or amendment thereto. The arbitrator shall have no power to add to, take from, modify or alter this Agreement or any supplement or amendment thereto. Any matter submitted to arbitration over which the arbitrator has no power to rule shall be referred back to the parties without decision.
Power of the Arbitrator. It is distinctly understood that the Arbitrator is not vested with the power to change, modify or alter this Agreement in any of its parts. The Arbitrator may, however, interpret the provisions of this Agreement, and has the power to relieve technical irregularities, including time limits, and to fashion just and equitable remedies. The Arbitrator shall give full opportunity to all parties to present evidence and make representations.
Power of the Arbitrator. An Arbitrator will render a binding resolution to a grievance referred to him/her, but he/she shall not alter terms and conditions of the Collective Agreement.
Power of the Arbitrator. A. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement.
B. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration, and shall have no authority to determine any other issue(s) not so submitted, or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator's decision shall be advisory only.
C. The cost of the arbitration shall be paid by the losing party.
Power of the Arbitrator. The arbitrator shall not have the power to add to, subtract from, or modify the terms of this Agreement, nor shall any grievance be heard which does not relate to the application or interpretation of the terms of this Agreement or to a matter of discipline, nor shall the arbitrator have any power to fix wage rates. NOTE: No Employee, but only the Union, may invoke the arbitration process.
Power of the Arbitrator. 1. The arbitrator shall:
a. Be empowered, except as limited below, after due investigation, to make a decision in case of a claim based upon interpretation, meaning, or application as outlined in Section A.1.
b. Have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
c. Have no power to change the Board's officially adopted salary schedule and indexes.
d. Have no power to decide any question, under this Agreement, which is solely within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management except as conditioned by this Agreement.
2. In the event it is claimed by the administration and/or Board that any matter filed as a grievance is not arbitrable as a contract grievance, as is contemplated by the definition of a contract grievance contained in Section A.1. of this article, such dispute may be pursued to arbitration with the arbitrator having the authority to rule on the issue of arbitrability prior to conducting a hearing on the merits of the dispute.
3. Any decision by an arbitrator, which is outside the scope of the arbitrator's power as outlined by this section, shall be null and void and not binding on any party.
Power of the Arbitrator. It shall be the function of the arbitrator and s/he shall be empowered, except as hereinafter provided, to make a decision in a case of an alleged violation, misinterpretation or misapplication of the provision(s) of this Contract.
1. S/he shall have no power to add to, subtract from, or modify in any way the terms of this Contract.
2. S/he shall have no power to rule on an alleged violation, misinterpretation, or misapplication of School Board Policy, practice or rule, provided said violation is not a misinterpretation or misapplication of this Contract.
