Common use of Power of the Arbitrator Clause in Contracts

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.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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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.1A (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. A (1) of this articleArticle, 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 the section, shall be null and void and not binding on any party.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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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.1A (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. A 1 of this articleArticle, 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 the section, shall be null and void and not binding on any party.

Appears in 1 contract

Samples: Master Agreement

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