Common use of Powers, Duties, and Limitations of Arbitrator Clause in Contracts

Powers, Duties, and Limitations of Arbitrator. a. The arbitrator is limited to the terms of the grievance and this Agreement and shall not add to, subtract from, modify, vary, or alter the terms or conditions of this Agreement. The arbitrator shall limit the award strictly to the interpretation or application of the express provisions of the Agreement, and the arbitrator shall have no authority to interpret the provisions of local, state, or federal rules, regulations, statutes, guidelines, policies, or judicial precedents unless these are specifically referred to in the express provisions of the Agreement. b. The arbitrator is without power or authority to make any award which requires the commission of an act prohibited by law or which is violative of or contradictory to the terms of the Agreement. c. The arbitrator shall not consider or hear evidence concerning the reasons or causes for dismissal, suspension, or layoff. Also, the arbitrator shall not consider or hear evidence concerning the reasons or cause for other discipline of unit member(s) which may be outside the express provisions of the Agreement. d. No arbitration shall occur where another administrative, judicial or legal body, tribunal, agency, or forum exists which may or could have resolved the allegations contained within the grievance, including, by way of example and not by way of limitation, the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission.

Powers, Duties, and Limitations of Arbitrator. a. The arbitrator is limited to the terms of the grievance and this Agreement and shall not add to, subtract from, modify, vary, or alter the terms or conditions of this Agreement. The arbitrator shall limit the award strictly to the interpretation or application of the express provisions of the Agreement, and the arbitrator shall have no authority to interpret the provisions of local, state, or federal rules, regulations, statutes, guidelines, policies, or judicial precedents unless these are specifically referred to in the express provisions of the Agreement. b. The arbitrator is without power or authority to make any award which requires the commission of an act prohibited by law or which is violative of or contradictory to the terms of the Agreement. c. The arbitrator shall not consider or hear evidence concerning the reasons or causes for dismissal, suspension, or layoff. Also, the arbitrator shall not consider or hear evidence concerning the reasons or cause for other discipline of unit Unit member(s) which may be outside the express provisions of the Agreement. d. No arbitration shall occur where another administrative, judicial or legal body, tribunal, agency, or forum exists which may or could have resolved the allegations contained within the grievance, including, by way of example and not by way of limitation, the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission.

Powers, Duties, and Limitations of Arbitrator. a. (a) The arbitrator is limited to the terms of the grievance and this Agreement and shall not add to, subtract from, modify, vary, or alter the terms or conditions of this Agreement. The arbitrator shall limit the award strictly to the interpretation or application of the express provisions of the Agreement, and the arbitrator shall have no authority to interpret the provisions of local, state, or federal rules, regulations, statutes, guidelines, policies, or judicial precedents unless these are specifically referred to in the express provisions of the Agreement. b. (b) The arbitrator is without power or authority to make any award which requires the commission of an act prohibited by law or which is violative of or contradictory to the terms of the Agreement. c. (c) The arbitrator shall not consider or hear evidence concerning the reasons or causes for dismissal, suspension, or layoff. Also, the arbitrator shall not consider or hear evidence concerning the reasons or cause for other discipline of unit Unit member(s) which may be outside the express provisions of the this Agreement. d. (d) No arbitration shall occur where another administrative, judicial or legal body, tribunal, agency, or forum exists which may or could have resolved the allegations contained within the grievance, including, by way of example and not by way of limitation, the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission.