Powers of the Arbitration Board Sample Clauses

Powers of the Arbitration Board. 5.5.1 The arbitration Board has the authority to: 5.5.1.1 Allow for clerical errors or clerical omissions in the framing of the grievance; 5.5.1.2 Request the attendance of any witness it deems necessary; 5.5.1.3 Keep a record of the proceedings; 5.5.1.4 Request access to any documents or other materials relating to the dispute; and 5.5.1.5 Correct any typographical error or omission in the Agreement or any previous award. 5.5.2 The arbitration Board, by its decision, will not alter, amend, or change the terms of this Agreement nor will it render any decision inconsistent with the terms of the Agreement. 5.5.3 Where in ruling on a grievance, an arbitration Board determines that this Agreement has been violated but finds no redress specified in the Agreement, the Board will determine a fair and adequate remedy. 5.5.4 Notwithstanding any other provision of this Agreement, and provided that the arbitration Board determines that no substantial wrong or substantial prejudice has occurred, a grievance will not, at any stage in the process, be defeated because of any defect in form or because of a failure to adhere to timelines.
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Powers of the Arbitration Board. (a) The Arbitration Board shall neither add to, detract from, nor modify the language of any Section of the Collective Agreement. (b) The Board shall expressly confine itself in its award to the precise issue submitted to the Board and shall have no authority to make a decision on any other issue not so submitted to it. (c) Where disciplinary action against an academic staff member is involved, the Arbitration Board may vary the penalty, as the Board considers fair and reasonable. (d) The Arbitration Board: (i) may accept any oral or written evidence that it, in its discretion, considers proper whether admissible in a court of law or not; (ii) is not bound by the law of evidence applicable to judicial proceedings; and (iii) may summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things that the Arbitration Board considers requisite to the full investigation and consideration of matters within its jurisdiction in the same manner as a court of record in civil cases. (e) If any persons fail to comply with an order of an Arbitration Board under Section 48.05(d)(iii), or conduct themselves in a manner that may be in contempt of the Arbitration Board or its proceedings, the Arbitration Board may apply to the court for an order directing compliance with the order of the Arbitration Board or restraining any conduct found by the court to be in contempt of the Arbitration Board or its proceedings. (f) The Arbitration Board may correct in any award any clerical mistake, error or omission.
Powers of the Arbitration Board. (a) The decision of the Arbitration Board shall be the decision of the majority of its members, and shall be made in writing within twenty (20) working days of the conclusion of the hearing, or such longer periods as may be required by the Chairman. The decision of the Board shall be final and binding. (b) The Arbitration Board shall establish its own rules of procedure but shall give full opportunity to the parties the ability to present evidence and make representations, and to afford the opposing party adequate opportunity to cross-examine witnesses. (c) The Arbitrator shall not be bound by the rules of evidence and practice applicable to proceedings before courts of record but may receive, request and consider any evidence which he may consider relevant.
Powers of the Arbitration Board. The Arbitration Board shall neither add to, detract from nor modify the language of the Collective Agreement; The Board shall expressly confine itself in its award to the precise issue submitted to the Board and shall have no authority to make a decision on any other issue not so submitted to it; Where disciplinary action against an employee is involved, the Arbitration Board may vary the penalty as the Board considers fair and reasonable.
Powers of the Arbitration Board. The arbitration board has the authority to: allow for clerical errors or clerical omissions in the framing of the grievance: request the attendance of any witness it deems necessary; keep a record of the proceedings; request access to any documents or other materials relating to the dispute; correct any typographical error or omission in the Agreement or any previous award. The arbitration board, by its decision, shall not alter, amend, or change the terms of this Agreement nor shall it render any decision inconsistentwith the terms of the Agreement. Where in ruling on a grievance, an arbitration board determines that this Agreement has been violated but finds no redress specified in the Agreement, the board shall determine a fair and adequate remedy. Notwithstanding any other provision of this Agreement, and provided that the arbitration board determines that no substantial wrong or substantial prejudice has occurred, a grievance shall not, at any stage in the process, be defeated because of any defect in form or because of a failure to adhere to timelines.
Powers of the Arbitration Board. (a) The Arbitration Board shall neither add to, detract from, nor modify the language of any section of the collective agreement. (b) The Board shall expressly confine i tself in i ts award to the precise i ssue submitted to the Arbitration Board and shall have no authority to make a decision on any other i ssue not so submitted to i t. (c) Where disciplinary action against an academic staff member i s involved, the Arbitration Board may vary the penalty as the Board considers fair and reasonable. (i ) may accept any oral or written evidence that i t, in its discretion, considers proper whether admissible in a court of law or not, (i i ) i s not bound by the law of evidence applicable to judicial proceedings, and (i i i ) may summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things that the Arbitration Board considers requisite to the full investigation and consideration of matters within their or i ts jurisdiction in the same manner as a court of record in civi l cases.
Powers of the Arbitration Board. (a) The Arbitration Board shall neither add to, detract from, nor modify the language of any section of the collective agreement. (b) The Board shall expressly confine itself in its award to the precise issue submitted to the Arbitration Board and shall have no authority to make a decision on any other issue not so submitted to it. (c) Where disciplinary action against an academic staff member is involved, the Arbitration Board may vary the penalty as the Board considers fair and reasonable. (i) may accept any oral or written evidence that it, in its discretion, considers proper whether admissible in a court of law or not, (ii) is not bound by the law of evidence applicable to judicial proceedings, and (iii) may summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things that the Arbitration Board considers requisite to the full investigation and consideration of matters within their or its jurisdiction in the same manner as a court of record in civil cases.
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Powers of the Arbitration Board. The decision of the arbitration board shall be final and binding upon both parties. The arbitration board shall not have the power to add to or subtract from, alter, amend or extend the provisions of this Agreement, in any respect, subject to the provision of the Labour Relations Act of Ontario.

Related to Powers of the Arbitration Board

  • Expenses of Arbitration Board ‌ Each party shall pay: (a) the fees and expenses of the nominee it appoints; and (b) one-half of the fees and expenses of the Chairperson.

  • GRIEVANCES AND ARBITRATION Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

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