Powers and Duties of the Arbitrator Sample Clauses

Powers and Duties of the Arbitrator. The arbitrator "shall not have the power to add to, subtract from, modify or alter the terms of a collective bargaining agreement". He shall have no power to decide any question which, under this Agreement, is within the responsibility of the School Board to decide. In rendering decisions, an arbitrator shall give due regard to the responsibilities of management and shall so construe such responsibilities except as they may be specifically conditioned by this Agreement.
Sample 1Sample 2
AutoNDA by SimpleDocs
Powers and Duties of the Arbitrator. It shall be the function of the arbitrator, and the arbitrator shall be empowered, except as such powers are limited below, after due investigation to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. The arbitrator:
Sample 1Sample 2
Powers and Duties of the Arbitrator. The arbitrator shall have the power to grant such legal and equitable remedies and award such damages as may be granted or awarded by a judge of the Superior Court of the State of California. The arbitrator shall prepare and provide to the parties a written decision on all matters which are the subject of the arbitration, including factual findings and the reasons which form the basis of the arbitrator’s decision. The arbitrator shall not have the power to commit errors of law or legal reasoning and the award maybe vacated or corrected pursuant to California Code of Civil Procedure Section 1286.2 or 1286.6 for any such error. The award of the arbitrator shall be mailed to the parties no later than thirty (30) days after the close of the arbitration hearing. The arbitration proceedings shall be reported by a certified shorthand court reporter, and written transcripts of the proceedings shall be prepared and made available to the parties upon any party’s request
Sample 1Sample 2
Powers and Duties of the Arbitrator. The arbitrator shall be selected on a case-by-case basis from the panel of arbitrators maintained by the New Jersey Public Employment Relations Commission. The arbitrator shall hear only the grievance before him and the issue involved in that grievance. The arbitrator shall hear the matter on the evidence and within the meaning of this contract. The arbitrator shall have the full power to hear the grievance and make a decision, which decision shall neither modify, add to nor subtract from the terms of the agreement and the referenced policies. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this agreement and shall confine his/her decision solely to the interpretation and application of this agreement. He/she shall confine him/herself to the precise issue being submitted to arbitration and shall have no authority to determine any other issues not so submitted to him/her, nor shall he/she submit observations or declaration of opinions which are not essential in reaching the determination. An arbitrator may consider only one grievance at a time, unless the parties expressly agree to submit multiple grievances to a single arbitration proceeding. The aforementioned does not pertain to "Class Action Grievances.” The language above is intended to read in a manner consistent with the provisions of N.J.S.A. 34:13A-7 and N.J.A.C. 19:12-5.1, et seq.
Sample 1
Powers and Duties of the Arbitrator. The arbitrator shall have the 17 power to grant such legal and equitable remedies and award such damages as may be granted or 18 awarded by a judge of the Superior Court of the State of California. The arbitrator shall prepare 19 and provide to the Mixed Use Association and the City a written statement of decision on all 20 matters which are the subject of the arbitration, including factual findings and the reasons which 21 form the basis of the arbitrator's decision. The arbitrator shall not have the power to commit 22 errors of law or legal reasoning and the award may be vacated or corrected pursuant to California 23 Code of Civil Procedure Section 1286.2 or 1286.6 for any such error. The award of the arbitrator 24 shall be mailed to the Parties no later than thirty (30) days after the close of the arbitration 25 hearing. The statement of decision of the arbitrator upon all of the issues considered by the 26 arbitrator shall be binding upon the Parties, and upon filing of the statement of decision with the 27 clerk of any court of the State of California having jurisdiction thereof, judgment may be entered 28 thereon in the same manner as if the action had been tried by the court. The arbitration award 29 may only be vacated as provided in accordance with the provisions of Section 1285 et seq. of the 30 California Code of Civil Procedure.
Sample 1
Powers and Duties of the Arbitrator. The arbitration shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The arbitrator shall be fully authorized and empowered to grant or refuse extensions of time, to set hearing dates, to issue subpoenas for documents or witnesses, and to perform any and all other acts in connection with such proceedings that may be authorized by law or this MOU. The matters which the arbitrator shall consider, weigh and be guided by shall include, but not be limited to, the following:
Sample 1
Powers and Duties of the Arbitrator. It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted at Step 2 of the grievance procedure.
Sample 1
AutoNDA by SimpleDocs

Related to Powers and Duties of the Arbitrator

  • Powers and Duties of the Trustee The rights, powers, duties and authorities of the Trustee under this Agreement, in its capacity as Trustee of the Trust, shall include:

  • POWERS AND DUTIES OF DIRECTORS 88. Subject to the Companies Act, these Articles and to any resolutions passed in a general meeting, the business of the Company shall be managed by the Directors, who may pay all expenses incurred in setting up and registering the Company and may exercise all powers of the Company. No resolution passed by the Company in general meeting shall invalidate any prior act of the Directors that would have been valid if that resolution had not been passed.

  • Powers and Duties Each Lender irrevocably authorizes each Agent to take such action on such Lender’s behalf and to exercise such powers, rights and remedies hereunder and under the other Credit Documents as are specifically delegated or granted to such Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. Each Agent shall have only those duties and responsibilities that are expressly specified herein and the other Credit Documents. Each Agent may exercise such powers, rights and remedies and perform such duties by or through its agents or employees. No Agent shall have, by reason hereof or any of the other Credit Documents, a fiduciary relationship in respect of any Lender; and nothing herein or any of the other Credit Documents, expressed or implied, is intended to or shall be so construed as to impose upon any Agent any obligations in respect hereof or any of the other Credit Documents except as expressly set forth herein or therein.

  • Appointment and Duties of the Manager (a) The Company hereby appoints the Manager to manage the assets of the Company subject to the further terms and conditions set forth in this Agreement and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

  • Powers and Duties of the President Subject to the powers of the Chairman, if there be such an officer, the President shall be the principal executive officer of the Trust. The President may call meetings of the Trustees and of any Committee thereof when he deems it necessary and, in the absence of the Chairman, shall preside at all meetings of the Shareholders and the Trustees. Subject to the control of the Trustees, the Chairman and any Committees of the Trustees, within their respective spheres, as provided by the Trustees, the President shall at all times exercise a general supervision and direction over the affairs of the Trust. The President shall have the power to employ attorneys and counsel for the Trust or any Series or Class thereof, and other advisers and agents for the Trust and to employ such subordinate officers, agents, clerks and employees as the President may find necessary to transact the business of the Trust or any Series or Class thereof. The President shall also have the power to grant, issue, execute or sign such powers of attorney, proxies or other documents as may be deemed advisable or necessary in furtherance of the interests of the Trust or any Series or Class thereof. The President shall have such other powers and duties, as from time to time may be conferred upon or assigned to him by the Trustees.

  • Powers and Duties of Trustees Section 3.1 General 6 Section 3.2 Investments 6 Section 3.3 Legal Title 7 Section 3.4 Issuance and Repurchase of Shares 7 Section 3.5 Borrow Money or Utilize Leverage 7 Section 3.6 Delegation; Committees 7 Section 3.7 Collection and Payment 8 Section 3.8 Expenses 8 Section 3.9 By-Laws 8 Section 3.10 Miscellaneous Powers 8 Section 3.11 Further Powers 8 ARTICLE IV Advisory, Management and Distribution Arrangements Section 4.1 Advisory and Management Arrangements 9 Section 4.2 Distribution Arrangements 9 Section 4.3 Parties to Contract 9 ARTICLE V

  • POWERS AND DUTIES OF CUSTODIAN As custodian, the Custodian shall have and perform the powers and duties set forth in this Article II. Pursuant to and in accordance with Article IV hereof, the Custodian may appoint one or more Subcustodians (as hereinafter defined) to exercise the powers and perform the duties of the Custodian set forth in this Article II and references to the Custodian in this Article II shall include any Subcustodian so appointed.

  • Rights and Duties of Members Subject to the provisions of Article 3, members will have all of the rights and powers of members as provided under the Act and as otherwise provided by law.

Time is Money Join Law Insider Premium to draft better contracts faster.