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.
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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
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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.
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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.
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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.
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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: a. Shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. Shall have no power to establish salary schedules or change any salary figure thereon. c. Shall have no power to rule on any of the following: (1) The termination of services of, or failure to re-employ, any teacher. (2) Any claim or complaint for which there is another remedial procedure or course established by law or by regulation having the force of law. (3) Any matter involving the ultimate conclusions of the evaluator.
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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: a. Shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. Shall have no power to establish salary schedules or change any salary figure thereon. c. Shall have no power to rule on any of the following: (1) The termination of services of, or failure to re-employ, any teacher. (2) Any claim or complaint for which there is another remedial procedure or course established by law or by regulation having the force of law. (3) Any matter involving the ultimate conclusions of the evaluator. d. Shall have no power to change any practice, policy, or rule of the Superintendent, nor to substitute the arbitrator's judgment for that of the Superintendent as to the reasonableness of any such practice, policy, rule, or any action taken by the Superintendent, unless such practice, policy, rule, or Superintendent action is an alleged violation of the specific terms of this Agreement. e. Shall have no power to decide any question in which, under this Agreement, is within the responsibility of the Superintendent 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 qualified by this Agreement. f. Shall refer back to the parties any matter on which the arbitrator has no power to rule. The matter shall be referred back to the parties without decision or recommendation on its merits. g. Will provide a decision in writing and will set forth findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions which require the commission of an act prohibited by law or which violates the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as judged to be proper. The decision of the arbitrator will be submitted to the Superintendent and the Association and will be final and binding upon the parties of this Agreement. The Superintendent and the Association shall implement the decision in whole, or by mutual consent the parties may consult on alternatives.
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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: A. The State and Federal laws applicable to the parties. B. The express terms of this MOU. C. The stipulations of the parties. D. The interests and welfare of the public. E. Such other facts and information normally or traditionally taken into consideration in making findings and decisions. The arbitrator shall not have the power to add, subtract from, or modify this MOU.
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Related to Powers and Duties of the Arbitrator

  • Appointment of the Arbitrator When a Party has requested that a grievance be submitted to arbitration, an Arbitrator shall be selected from the agreed upon list outlined in Appendix B.

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator. b) The central parties shall select a mutually agreed upon arbitrator. c) The central parties may refer multiple grievances to a single arbitrator. d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator. e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

  • Powers of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her 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. 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 have no power to establish salary scales or change any salary. c. The arbitrator shall have no power to rule on any of the following: 1. The termination of services of or failure to re-employ any probationary teacher. 2. The failure to reemploy any teacher to a position on the extra-curricular schedule. 3. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher Tenure Act (Act IV of Public Acts, extra session, of 1937 of Michigan, as amended). 4. Any matter involving the evaluation of a non-classroom professional, unless it is a claim of failure to follow contractually agreed upon procedures. d. He/she shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule or any action taken by the District. His/her power shall be limited to deciding whether the District has violated the expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the District from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the District. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management 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. f. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall determine the arbitrability of said dispute, except that either party reserves the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before or after arbitration. g. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

  • Expenses of the Arbitrator The fees and expenses of the arbitrator and any other common expenses shall be shared equally by both parties.

  • Costs of the Arbitration Each party is responsible for its own attorney, expert, and other costs and fees unless applicable law requires otherwise. Each party is also responsible for one-half of any costs and fees charged by the arbitration organization and arbitrator(s) to administer the arbitration to the maximum extent permitted by law or rule. Where permissible by law, the prevailing party may be required to reimburse the other party for the costs and fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s).

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

  • Jurisdiction of the Arbitrator The arbitrator shall have no power to alter, add to, subtract from the terms of this Agreement. The arbitrator's decision will be based upon the specific provisions of this Agreement. This arbitration provision shall be for grievances only.

  • Xxxxxx of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her 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. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge. b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluation. 3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management 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. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

  • 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.

  • Authority of the Arbitrator i. It is the intent of both parties to this Collective Agreement that no grievance shall be defeated merely because of a technical error in processing the grievance through the grievance procedure. To this end an arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case. ii. The arbitrator shall not have jurisdiction to alter or change the provisions of the Collective Agreement or to substitute new ones. iii. The provisions of this article do not override the provisions of the B.C.

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