Common use of Powers of Arbitrator Clause in Contracts

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.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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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. HeX. Xx/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.

Appears in 2 contracts

Samples: Employment Agreement, Collective Bargaining Agreement

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