Powers of Arbitrator a. The Arbitrator shall be empowered, except as limited herein, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications of a specific Article and Section 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 establish salary scales, change any salary figures in the Agreement, or increase or change any staffing requirements set forth in this Agreement.
3) The Arbitrator shall have no power to rule on any of the following: The termination of services of, or failure to re-employ any probationary employee.
4) The Arbitrator’s powers shall be limited to deciding whether the District has violated the specific articles or sections of this Agreement. It is agreed (except as to the provisions set forth in this Agreement) the Arbitrator shall have no power to change any practice, policy or rule of the District.
5) The Arbitrator shall have power to make monetary awards but not to award monetary damages.
6) In rendering decisions, the Arbitrator shall give full recognition to the responsibilities of the Board which establishes the District's rights, powers and authority as that exercised or it had prior to the date of this Agreement as specifically limited by express provisions of this Agreement. The Arbitrator’s decision shall be consistent with the rights reserved to the District by this provision.
7) If the arbitrability of any grievance under the terms of this Agreement is disputed, or if either party alleges that the other has failed to comply with the grievances or arbitration procedure, the Arbitrator shall first rule on the question of arbitrability or procedure. Should the Arbitrator determine that the grievance is not arbitrable, it shall be referred back to the parties without decision or recommendation as to its merits.
b. Although the arbitrator may cite law in making his/her award, he/she shall have no power to interpret State and/or Federal Law, to hear any matter involving constitutional rights or to render any provisions of this Agreement inapplicable by reason thereof.
c. The Arbitrator’s decisions shall be submitted in writing and shall set forth his findings and conclusions with respect to the issue submitted to arbitration.
d. There shall be no appeal from an arbitrator's decision. If within the scope of his/her authority as set forth herein, and it shall b...
Powers of Arbitrator. The arbitrator shall not have the authority to grant any remedy which contravenes or changes any term of this Plan and shall not have the authority to award punitive or exemplary or damages under any circumstances. The parties shall equally share the expense of the arbitrator selected and of any stenographer present at the arbitration. The remaining costs of the arbitrator proceedings shall be allocated by the arbitrator, except that the arbitrator shall not have the power to award attorney's fees.
Powers of Arbitrator. 5.3.3.1 The decision of the Board of Arbitration shall be binding upon the parties, but in no event shall the Board of Arbitration have the power to alter, modify or amend this Agreement in any respect. The Board shall have the power to determine whether the grievance is arbitrable.
5.3.3.2 The Board of Arbitration has the same powers, follows the same procedures and has the same authority as an arbitration board under the Labour Relations Code of British Columbia. The Board of Arbitration shall give full opportunity to all parties to present evidence and make representation to it. The Board of Arbitration shall commence its proceedings as soon as possible. The decision of a majority shall be the decision of the Board of Arbitration.
Powers of Arbitrator. The Arbitrator shall not have the authority to amend, add to, or subtract from the provisions of this Agreement. He or she shall make an opinion and/or an award as he or she decides appropriate. The arbitrator's decision shall be binding on all parties. However, a party may petition the arbitrator to reconsider his or her decision or appeal the arbitrator’s decision pursuant to and in accordance with the MUAA. The arbitrator may, in his discretion and upon the motion of the grievant or his or her representative, award reasonable attorney fees and costs. In exercising his or her discretion in awarding reasonable attorney fees and costs to the grievant or his or her representative, the arbitrator shall apply the standards for the award of attorney fees set forth in Xxxxx x. United States Postal Service, 2 M.S.P.B. 582; 2 M.S.P.R. 420 (1980) (i.e. the grievant is the prevailing party and the award of attorney fees is warranted in the interest of justice). In the event a party elects to challenge the arbitrator’s decision in court, each party shall be responsible for its own attorney’s fees and costs. However, if one of the parties has no alternative but to enforce the arbitrator’s decision through the courts, the non-moving party shall be responsible for the attorney’s fees and expenses of the party seeking enforcement of the arbitration award.
Powers of Arbitrator. The Arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The Arbitrator shall have the right to grant legal and equitable relief (including injunctive relief) and to award costs (including reasonable legal fees and costs of arbitration) and interest. Nothing contained herein shall be construed to permit the Arbitrator to award punitive, exemplary or any similar damages.
Powers of Arbitrator. The Arbitrator shall not have power to alter, change or add to this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement, however the Arbitrator shall have the authority to uphold, modify or set aside any discharge, suspension or other disciplinary measure.
Powers of Arbitrator. A. The role of the arbitrator is advisory only. The arbitrator shall have no power:
1. To add to, subtract from, disregard, alter, or modify any of the terms of this agreement;
Powers of 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 final and binding decision in cases of alleged violation of specific articles and sections of the Agreement or board policy.
A. He/She shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this agreement, its salary schedules and appendices, nor to consider matters outside the scope of the grievance and its attachments.
B. When applicable, he/she shall be bound by relevant Indiana statues, regulations and court decisions.
C. He/She shall have no power to rule on the termination of services or failure to employ or re-employ or assign any teacher to a position on an extended contract.
D. He/She shall have no power to change any practice, policy, rule or decision of the School Corporation nor to substitute his/her judgment for that of the School Corporation as to the reasonableness of any such practice, policy, rule, or any action taken by the School Corporation, unless he/she specifically finds such practice, policy, rule, or action to be in direct conflict with this Agreement.
E. If the teacher(s) who would benefit by the granting of the relief requested by the grievance has filed or could file a claim or complaint with a court or agency to obtain the relief requested by the grievance, arbitration shall not proceed unless said teacher(s) furnishes the parties a written agreement to be bound by the arbitration procedures and to dismiss, or not file, any other claim or complaint requesting the subject relief.
F. He/She shall have no power to award back pay for any time more than thirty (30) calendar days prior to the date On which a timely written grievance was filed.
G. There shall be no appeal from an arbitrator’s decision of within the scope of his/her authority as set forth above. It shall be final and binding on the Grievant, Association, its members, the employee or employees involved, and the Board.
Powers of Arbitrator. The Arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The Arbitrator shall have the right to grant legal and equitable relief (including injunctive relief) and to award costs (including legal fees and the costs of the arbitration) and interest.
Powers of Arbitrator. The expedited Arbitrator shall have the same powers and authority as an arbitrator established under the provisions of Article 11. It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
