Common use of Powers of Arbitrator Clause in Contracts

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 be final and binding on the Union, members of the bargaining unit, the employee or employees involved, and the District.

Powers of Arbitrator. a. The Arbitrator arbitrator shall be empowered, except as limited herein, after due investigation, to make a decision in cases of alleged violationsviolation, misinterpretationsmisinterpretation, or misapplications misapplication of a specific Article and Section of this the Agreement.: 1) The Arbitrator arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2) The Arbitrator 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 arbitrator shall have no power to rule on any of the following: The termination of services of, or failure to to, re-employ any probationary employee. 4) The Arbitrator’s powers Her/his power shall be limited to deciding whether the District has violated the specific articles or sections of this Agreement. Agreement as per Article V. It is agreed (except as to the provisions set forth in this Agreement) the Arbitrator she/he shall have no power to change any practice, policy or rule of the District. 5) The Arbitrator arbitrator shall have power to make monetary awards awards, but not to award monetary damages. 6) In rendering decisions, the Arbitrator decisions she/he shall give full recognition to the responsibilities of the Board which establishes the District's ’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 He/his 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 grievance or arbitration procedure, the Arbitrator shall first firs rule on the question questions of arbitrability or procedure. Should the Arbitrator she/he 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 case law in making hisher/her his award, heshe/she he 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 Arbitratorarbitrator’s decisions decision shall be submitted in writing and shall set forth her/his findings and conclusions with respect to the issue submitted to arbitration. d. . There shall be no appeal from an arbitrator's decision. If ’s decision if within the scope of hisher/her his authority as set forth herein, and it shall be final and binding on the UnionAssociation, members of the bargaining unit, the employee or employees involved, involved and the District.

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 authority 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 will be limited to deciding whether the District has violated the specific articles or sections of this Agreement. It is agreed (except as making a finding, judgment, decision and award relating to the provisions set forth in this Agreement) the Arbitrator shall have no power to change any practice, policy interpretation of 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 adherence 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 written provisions of this Agreement. The Arbitrator’s decision shall be consistent Federal Rules of Evidence (the "Rules") will apply to all Arbitration hearings and the introduction of all evidence, testimony, records, affidavits, documents and memoranda in any Arbitration hearing must comply in all respects with the rights reserved Rules and the legal precedents interpreting the Rules. Both parties will have the absolute right to the District by this provision. 7) If the arbitrability cross-examine any person who testified against them or in favor of any grievance under the terms of this Agreement is disputed, or if either party alleges that the other has failed party. The Arbitrator will not have the authority or right to comply with add to, delete, amend or modify in any manner the grievances or arbitration procedureterms, 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 conditions and provisions of this Agreement inapplicable by reason thereof. c. The Arbitrator’s Agreement. All findings, judgments, decisions shall and awards of the Arbitrator will be submitted in writing and shall limited to the dispute set forth his findings and conclusions with respect to in 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 hereinwritten demand for Arbitration, and it shall the Arbitrator will not have the authority to decide any other issues. The Arbitrator will not have the right or authority to award punitive damages to COST CUTTERS or the FRANCHISEE or their officers, Directors, shareholders or partners and Personal Guarantors, and COST CUTTERS and FRANCHISEE and their officers, Directors, shareholders or partners, and Personal Guarantors expressly waive their rights to plead or seek punitive damages. All findings, judgments, decisions and awards by the Arbitrator will be in writing, will be made within sixty (60) days after the Arbitration hearings have been completed, and will be final and binding on COST CUTTERS and the UnionFRANCHISEE, members except as provided for in Article 11.8. The written decision of the bargaining unitArbitrator will be deemed to be an order, the employee or employees involved, judgment and the Districtdecree and may be entered as such in any Court of competent jurisdiction by either party.

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 authority 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 will be limited to deciding whether the District has violated the specific articles or sections of this Agreement. It is agreed (except as making a finding, judgment, decision and award relating to the provisions set forth in this Agreement) the Arbitrator shall have no power to change any practice, policy interpretation of 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 adherence 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 written provisions of this Agreement. The Arbitrator’s decision shall be consistent Federal Rules of Evidence (the "Rules") will apply to all Arbitration hearings and the introduction of all evidence, testimony, records, affidavits, documents and memoranda in any arbitration hearing must comply in all respects with the rights reserved Rules and legal precedents interpreting the Rules. Both parties will have the absolute right to the District by this provision. 7) If the arbitrability cross-examine any person who testified against them or in favor of any grievance under the terms of this Agreement is disputed, or if either party alleges that the other has failed party. The Arbitrator will not have the authority or right to comply with add to, delete, amend or modify in any manner the grievances or arbitration procedureterms, 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 conditions and provisions of this Agreement inapplicable by reason thereof. c. The Arbitrator’s Agreement. All findings, judgments, decisions shall and awards of the Arbitrator will be submitted in writing and shall limited to the dispute set forth his findings and conclusions with respect to in 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 hereinwritten demand for Arbitration, and it shall the Arbitrator will not have the authority to decide any other issues. The Arbitrator will not have the right or authority to award punitive damages to CITY LOOKS or the FRANCHISEE or their officers, directors, shareholders or partners and Personal Guarantors, and CITY LOOKS and FRANCHISEE and their officers, directors, shareholders or partners, and Personal Guarantors expressly waive their rights to plead or seek punitive damages. All findings, judgments, decisions and awards by the Arbitrator will be in writing, will be made within sixty (60) days after the Arbitration hearings have been completed, and will be final and binding on CITY LOOKS and the Union, members FRANCHISEE except as provided for in Article 23.8. The written decision of the bargaining unitArbitrator will be deemed to be an order, the employee or employees involved, judgment and the Districtdecree and may be entered as such in any Court of competent jurisdiction by either party.

Powers of Arbitrator. a. The Arbitrator arbitrator shall be empowered, except as limited herein, after due investigation, to make a decision in cases of alleged violationsviolation, misinterpretationsmisinterpretation, or misapplications misapplication of a specific Article and Section of this the Agreement.: (1) The Arbitrator arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. (2) The Arbitrator 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 arbitrator shall have no power to rule on any of the following: The termination of services of, or failure to to, re-employ any probationary employee. (4) The Arbitrator’s powers Her/his power shall be limited to deciding whether the District has violated the specific articles or sections of this Agreement. Agreement as per Article V. It is agreed (except as to the provisions set forth in this Agreement) the Arbitrator she/he shall have no power to change any practice, policy or rule of the District. (5) The Arbitrator arbitrator shall have power to make monetary awards awards, but not to award monetary damages. (6) In rendering decisions, the Arbitrator decisions she/he shall give full recognition to the responsibilities of the Board which establishes the District's ’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 He/his 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 grievance or arbitration procedure, the Arbitrator shall first firs rule on the question questions of arbitrability or procedure. Should the Arbitrator she/he determine that the grievance is not arbitrable, it shall be referred back to the parties without decision or recommendation as to its merits.decision b. Although the arbitrator may cite case law in making hisher/her his award, heshe/she he 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 Arbitratorarbitrator’s decisions decision shall be submitted in writing and shall set forth her/his findings and conclusions with respect to the issue submitted to arbitration. d. . There shall be no appeal from an arbitrator's decision. If ’s decision if within the scope of hisher/her his authority as set forth herein, and it shall be final and binding on the UnionAssociation, members of the bargaining unit, the employee or employees involved, involved and the District.

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 authority 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 will be limited to deciding whether the District has violated the specific articles or sections of this Agreement. It is agreed (except as making a finding, judgment, decision and award relating to the provisions set forth in this Agreement) the Arbitrator shall have no power to change any practice, policy interpretation of 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 adherence 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 written provisions of this Agreement. The Arbitrator’s decision shall be consistent Federal Rules of Evidence (the "Rules") will apply to all Arbitration hearings and the introduction of all evidence, testimony, records, affidavits, documents and memoranda in any Arbitration hearing must comply in all respects with the rights reserved Rules and legal precedents interpreting the Rules. Both parties will have the absolute right to the District by this provision. 7) If the arbitrability cross-examine any person who testified against them or in favor of any grievance under the terms of this Agreement is disputed, or if either party alleges that the other has failed party. The Arbitrator will not have the authority or right to comply with add to, delete, amend or modify in any manner the grievances or arbitration procedureterms, 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 conditions and provisions of this Agreement inapplicable by reason thereof. c. The Arbitrator’s Agreement. All findings, judgments, decisions shall and awards of the Arbitrator will be submitted in writing and shall limited to the dispute set forth his findings and conclusions with respect to in 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 hereinwritten demand for Arbitration, and it shall the Arbitrator will not have the authority to decide any other issues. The Arbitrator will not have the right or authority to award punitive damages to COST CUTTERS or the FRANCHISEE or their officers, Directors, shareholders or partners and Personal Guarantors, and COST CUTTERS and FRANCHISEE and their officers, Directors, shareholders or partners, and Personal Guarantors expressly waive their rights to plead or seek punitive damages. All findings, judgments, decisions and awards by the Arbitrator will be in writing, will be made within sixty (60) days after the Arbitration hearings have been completed, and will be final and binding on COST CUTTERS and the UnionFRANCHISEE, members except as provided for in Article 23.8. The written decision of the bargaining unitArbitrator will be deemed to be an order, the employee or employees involved, judgment and the Districtdecree and may be entered as such in any Court of competent jurisdiction by either party.

Powers of Arbitrator. a. The Arbitrator 1. It shall be empoweredthe function of the arbitrator, and he/she shall be empowered except as his/her powers are limited hereinbelow, after due investigation, hearing to make a decision in cases of alleged violations, misinterpretations, or misapplications of a specific Article and Section of this Agreementdecision. 1) The Arbitrator 2. He/she shall have no power or authority to add to, subtract from, disregarddisregard or, alterin any manner, alter this agreement or modify to make any award requiring the commission of any act prohibited by law or make any award that itself is contrary to law or violates any of the terms of this Agreementagreement. No award will be retroactive to a date prior to filing of a grievance. 2) The Arbitrator 3. He/she shall have no power to establish salary scales, change any salary figures in the Agreement, or increase schedules or change any staffing requirements set forth in this Agreementsalary schedules or hear grievances on contract non-renewal. 3) The Arbitrator 4. He/she shall have no power to rule on decide any question which, under this agreement, is solely within the responsibility of the following: The termination of services of, or failure management 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 Agreementdecide. 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 an arbitrator shall give full recognition due regard to the responsibilities responsibility of the Board which establishes the District's rightsmanagement, powers and authority except 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 they may be consistent with the rights reserved to the District conditioned by this provisionagreement. 7) If 5. In the arbitrability of any grievance under the terms of this Agreement event that a case is disputed, or if either party alleges that the other appealed to an arbitrator on which he/she determines he/she has failed no power 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 arbitrablerule, it shall be referred back to the parties local president, with a notification to the Superintendent, without decision or recommendation as to on 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. 6. There shall be no appeal from an arbitrator's decision. If ’s decision if it is within the scope of his/her authority as set forth herein, and it above except as provided under the Ohio Arbitration Act. The decision shall be final and binding on employees involved in the Union, members grievance and on the Superintendent and Board of Education. 7. Any fees or expenses of the bargaining unit, arbitrator shall be borne by the employee or employees involvedlosing party. Any other expenses resulting from the arbitration shall be borne by the party incurring them, and neither party shall be responsible for the Districtexpense of witnesses, except where it is agreed that the hearing shall occur during a witness’s regular hours of employment.

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 be final and binding on the Union, members of the bargaining unit, the employee or employees involved, and the District.

Powers of Arbitrator. a. The Arbitrator 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 arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2) The Arbitrator 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 arbitrator shall have no power to rule on any of the following: : a) The termination of services of, of or failure to re-employ any probationary employeeteacher. b) Any claim or complaint capable of resolution under the procedures specified in the Michigan Teachers’ Tenure Act, 1937 PA 4 as amended. 4) The Arbitrator’s arbitrator's powers shall be limited to deciding whether the District has violated the specific articles Articles or sections Sections of this Agreement. It is agreed (except as to the provisions set forth in this Agreement) the Arbitrator he/she shall have no power to change any practice, policy or rule of the District through substituting his/her judgment for that of the District as to the reasonableness of any practice, policy, rule or any action taken by the District. 5) The Arbitrator arbitrator shall have power to make monetary awards awards, but not to award monetary damages. 6) In rendering decisions, the Arbitrator he/she shall give full recognition to the responsibilities of the Board as indicated in Article VIII, Paragraph E, which establishes the District's rights, powers and authority as that exercised or had by it had prior to the date of this Agreement as specifically limited by express provisions of this Agreement. The Arbitrator’s 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 grievance or arbitration procedure, the Arbitrator arbitrator shall first rule on the question of arbitrability or procedure. Should the Arbitrator he/she determine that the grievance is not arbitrable, it shall be referred back to the parties without decision or of recommendation as to its merits. b. Although the arbitrator may cite case law in making his/her award, award he/she shall have no power to interpret State and/or Federal Law, to hear any matter matters involving constitutional rights or to render any provisions of this Agreement inapplicable by reason thereof.constitutional c. The Arbitrator’s decisions arbitrator's decision shall be submitted in writing and shall set forth his his/her findings and conclusions with respect to the issue submitted to arbitration. d. There shall be no appeal from an arbitratorArbitrator's decision. If decision if within the scope of his/her authority as set forth herein, and it shall be final and binding on the Union, Association members of the bargaining unit, the employee teacher or employees involved, teachers involved and the District.

Powers of Arbitrator. a. The Arbitrator arbitrator shall be empowered, except as limited herein, after due investigation, to make a decision in cases of alleged violationsviolation, misinterpretationsmisinterpretation, or misapplications misapplication of a specific Article and Section of this the Agreement.: (1) The Arbitrator arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. (2) The Arbitrator 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 arbitrator shall have no power to rule on any of the following: The termination of services of, or failure to to, re-employ any probationary employee. (4) The Arbitrator’s powers Her/his power shall be limited to deciding whether the District has violated the specific articles or sections of this Agreement. Agreement as per Article V. It is agreed (except as to the provisions set forth in this Agreement) the Arbitrator she/he shall have no power to change any practice, policy or rule of the District. (5) The Arbitrator arbitrator shall have power to make monetary awards awards, but not to award monetary damages. (6) In rendering decisions, the Arbitrator decisions she/he shall give full recognition to the responsibilities of the Board which establishes the District's ’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 He/his 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 grievance or arbitration procedure, the Arbitrator shall first firs rule on the question questions of arbitrability or procedure. Should the Arbitrator she/he 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 case law in making hisher/her his award, heshe/she he 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 Arbitratorarbitrator’s decisions decision shall be submitted in writing and shall set forth her/his findings and conclusions with respect to the issue submitted to arbitration. d. . There shall be no appeal from an arbitrator's decision. If ’s decision if within the scope of hisher/her his authority as set forth herein, and it shall be final and binding on the UnionAssociation, members of the bargaining unit, the employee or employees involved, involved and the District.

Powers of Arbitrator. a. The Arbitrator 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 arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2) The Arbitrator 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 arbitrator shall have no power to rule on any of the following: : a) The termination of services of, of or failure to re-employ any probationary employeeteacher. b) Any claim or complaint capable of resolution under the procedures specified in the Michigan Teachers’ Tenure Act, 1937 PA 4 as amended. 4) The Arbitrator’s arbitrator's powers shall be limited to deciding whether the District has violated the specific articles Articles or sections Sections of this Agreement. It is agreed (except as to the provisions set forth in this Agreement) the Arbitrator he/she shall have no power to change any practice, policy or rule of the District through substituting his/her judgment for that of the District as to the reasonableness of any practice, policy, rule or any action taken by the District. 5) The Arbitrator arbitrator shall have power to make monetary awards awards, but not to award monetary damages. 6) In rendering decisions, the Arbitrator decisions he/she shall give full recognition to the responsibilities of the Board as indicated in Article VIII, which establishes the District's rights, powers and authority as that exercised or had by it had prior to the date of this Agreement as specifically limited by express provisions of this Agreement. The Arbitrator’s 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 grievance or arbitration procedure, the Arbitrator arbitrator shall first rule on the question of arbitrability or procedure. Should the Arbitrator he/she determine that the grievance is not arbitrable, it shall be referred back to the parties without decision or of recommendation as to its merits. b. Although the arbitrator may cite case law in making his/her award, award he/she shall have no power to interpret State and/or Federal Law, to hear any matter matters involving constitutional rights or to render any provisions of this Agreement inapplicable by reason thereof. c. The Arbitrator’s decisions arbitrator's decision shall be submitted in writing and shall set forth his his/her findings and conclusions with respect to the issue submitted to arbitration. d. There shall be no appeal from an arbitratorArbitrator's decision. If decision if within the scope of his/her authority as set forth herein, and it shall be final and binding on the Union, Association members of the bargaining unit, the employee teacher or employees involved, teachers involved and the District.

Powers of Arbitrator. a. The Arbitrator shall arbitrator’s specific powers include the following powers :- 1. On the application at any time or from time to time of any of the parties to the dispute, at any time before his final award (having given all parties an opportunity to make appropriate representations but without any obligation to hold any hearing in relation to them) to make an interim award or interim awards ordering a party to cease, start or re-start any Operations at the expense or risk as to damages of any party or parties to the dispute as he may consider appropriate; 2. Where there are related disputes in respect of which arbitrators have been appointed and all the parties to such disputes agree that it is desirable in all the circumstances for such disputes to be empoweredconsolidated or heard at the same time or one immediately after another, except as limited hereinor for any one or more of such disputes to be adjourned until after the determination of any other such dispute or disputes, after due investigationwhether or not such dispute or disputes are determined by the same arbitrator or arbitrators, to make appropriate awards giving effect to such agreement between the parties to such disputes, including, without limitation, by making an order consolidating any such disputes on such terms as the parties to them have agreed or, failing such agreement, on the terms as he considers just and reasonable and by making an order transferring any such dispute for determination by another arbitrator or arbitrators; 3. To convene 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 preliminary meeting to add to, subtract from, disregard, alter, or modify any determine appropriate procedural directions for the conduct 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.reference; 4) The Arbitrator’s powers . To convene such hearing or hearings as he sees fit, at which he may direct that evidence be given by oral or written submissions or a combination of both; 5. To direct service of such statements and/or submissions and/or pleadings as he sees fit; 6. To direct that service of statements and/or submissions and/or pleadings and any hearing or hearings shall be limited to deciding whether take place within such period or periods as he may specify; 7. To abridge or extend the District has violated period or periods specified in accordance with paragraph 6 above on agreement between the specific articles or sections of this Agreement. It is agreed (except as parties to the provisions set forth in this Agreement) dispute or as he sees fit; 8. To order security for costs and/or deposit for his fees as he shall think appropriate; 9. To take such technical, specialist or legal advice as he may consider appropriate, save that no advice may be taken without the Arbitrator shall have no power to change any practice, policy or rule written approval of all 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 parties to the responsibilities of dispute and any such advice must be submitted to the Board which establishes the District's rights, powers and authority as that exercised or it had parties for their comments prior to the date making of this Agreement his award; 10. To direct service of experts’ reports at such times and within such periods as specifically limited by express provisions of this Agreementhe sees fit; 11. The Arbitrator’s decision shall be consistent with the rights reserved To include in his award such ancillary directions to any party or parties to the District by this provision.dispute, and to incorporate in his award such ancillary terms and conditions as he considers just and reasonable; 7) If 12. To proceed in the arbitrability absence of any grievance under party or parties to the terms dispute or their representative or representatives provided that reasonable notice of this Agreement the arbitrator’s intention to proceed has been given to such party or parties or their representative or representatives; 13. To dismiss any claim in the dispute where it appears to him that there has been inordinate and inexcusable delay in pursuing that claim and that the delay will give rise to a substantial risk that it is disputednot possible to have a fair resolution of the issues in that claim or has caused, or if either is likely to cause or to have caused, serious prejudice to any other 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 dispute; 14. To make such award of costs (including, without limitation, in respect of the arbitrator’s fees) as he may consider appropriate in the circumstances of the case, such costs to be taxable by him or by the Court as the parties without decision may agree or, failing such agreement, as he may direct; and 15. To consider and finally determine, as a preliminary issue or recommendation otherwise as he may in his absolute discretion decide, whether any party who has lodged an objection to its merits. b. Although the arbitrator may cite law joinder as provided 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 Clause 29 is a proper party to the issue submitted to arbitrationproceedings. 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 be final and binding on the Union, members of the bargaining unit, the employee or employees involved, and the District.

Powers of Arbitrator. a. The Arbitrator arbitrator shall be empowered, except as limited herein, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications misapplication of a specific Article and Section of this Agreement.: 1) The Arbitrator She/he shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2) The Arbitrator She/he 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 She/he shall have no power to rule on any of the following: The termination of services of, of or failure failures to re-employ any probationary employee. 4) The Arbitrator’s powers Her/his power shall be limited to deciding whether the District has violated the specific articles or sections of this AgreementAgreement as per Article VI. It is agreed (except as to the provisions set forth in this Agreement) the Arbitrator he/she shall have no power to change any practice, policy or rule rules of the District. 5) The Arbitrator She/he shall have power to make monetary awards awards, but not to award monetary damages. 6) In rendering decisions, the Arbitrator decisions she/he shall give full recognition to the responsibilities of the Board which establishes the District's rights, powers and authority as that exercised or had by it had prior to the date of this Agreement as specifically limited by express provisions of this Agreement. The Arbitrator’s Her/his 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 grievance or arbitration procedure, the Arbitrator shall first rule on the question of arbitrability or procedure. Should the Arbitrator she/he 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 hisher/her his award, heshe/she he shall have no power to interpret State and/or Federal Lawlaw, to hear any matter involving constitutional rights or to render any provisions of this Agreement inapplicable by reason thereof. c. The Arbitrator’s decisions arbitrator's decision shall be submitted in writing and shall set forth her/his findings and conclusions with respect to the issue submitted to arbitration. d. There shall be no appeal from an arbitrator's decision. If decision if within the scope of hisher/her his authority as set forth herein, and it shall be final and binding on the UnionAssociation, members of the bargaining unit, the employee or employees involved, involved and the District.