Powers of the 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 decision in cases of alleged violation of the specific articles and sections of this Agreement.
a. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
b. The arbitrator shall have no power to establish salary scales or change any salary.
c. The arbitrator shall have no power to rule on any of the following:
i. The termination of services of or failure to re-employ any probationary teacher.
ii. The failure to re-employ any teacher to a position on the extra-curricular schedule.
iii. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher Tenure Act (Act IV of Public Acts, extra session, of 1937 of Michigan, as amended).
iv. Any matter involving the evaluation of a non-classroom professional, unless it is a claim of failure to follow contractually agreed upon procedures.
d. He/she shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule or any action taken by the District. His/her power shall be limited to deciding whether the District has violated the expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the District from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the District.
e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement.
f. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall determine the arbitrability of said dispute, except that either party reserves the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before or after arbitration.
g. There shall be...
Powers of the Arbitrator. It shall be the function of the arbitrator, and the arbitrator shall be empowered, except as the arbitrator’s powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.
Powers of the Arbitrator. 19.6.1 The arbitrator shall have the following powers:
(a) To adjudicate all differences between the Parties, including the question of arbitrability of an issue, and the power to determine all questions of fact and law that arise;
(b) All the powers of an arbitrator as set out in ss. 48 (12) and (13) of the Ontario
(c) To mediate the issue between the Parties at any stage in the proceedings with the consent of the Parties. If mediation is not successful, the arbitrator retains the power to determine the issue by arbitration;
(d) To admit, in the interest of a fair and expeditious hearing, only evidence that is relevant, and any objection to relevance must be determined by ruling;
(e) To admit evidence that would not be admissible in a court of law only if the arbitrator determines that the evidence is relevant, reliable and its probative value outweighs any prejudice its admission might produce;
(f) To determine the rules of procedure, which shall be just and equitable and intended to provide a fair and expeditious hearing;
(g) To determine at the commencement of the Step 2 arbitration a disputed claim of confidentiality made under Article 19.4.5;
(h) To grant such interim orders, including interim relief, as the arbitrator considers appropriate, except for interim reinstatement;
(i) To make such orders or give such directions as the arbitrator considers appropriate to expedite the proceedings or to prevent the abuse of the arbitration process; and
(j) Where the arbitrator determines that a Member has been dismissed or disciplined for cause but the Agreement does not contain a specific penalty for the infraction that is the subject matter of the grievance, to substitute such other penalty that seems just and reasonable in all the circumstances.
Powers of the Arbitrator. After due investigation, it shall be the function of the arbitrator, who is empowered except as his/her powers are herein limited, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement and to determine the arbitrability of any grievance where arbitrability is questioned by either party.
Powers of the Arbitrator. The arbitrator shall have no power to alter, add to or subtract from the terms of this collective bargaining agreement.
Powers of the Arbitrator. The Arbitrator(s) shall have no power to add to, nor to subtract from, nor to modify the terms of this Agreement or any agreement made supplementary hereto, and shall render a decision not inconsistent with the terms of this Agreement.
Powers of the Arbitrator. The arbitrator is not empowered to change, modify or exclude any of the clauses of this Agreement nor to substitute a new clause therein. He must only be concerned with the specific questions submitted.
Powers of the Arbitrator. It shall be the function of the Arbitrator, and s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific sections and subsections of this Agreement.
a. S/he shall have no power to add to, subtract from, alter or modify any of the terms of this Agreement.
b. S/he shall have no power to establish salary structures or change any salary, but may rule on the proper placement of persons on the established salary schedules.
c. S/he shall have no power to rule on any of the following:
(1) The termination of services of or failure to reemploy any probationary employee.
(2) The placing of an employee on an additional year of probation.
(3) Any matter involving the content of an employee evaluation.
(4) Any provision of this Agreement which contains an express exclusion from the procedure.
(5) Discipline of a probationary employee.
(6) Any matter regarding a prohibited subject of bargaining.
d. The Arbitrator shall have no power to change any practice, policy or rule of the Board.
e. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
f. The Arbitrator’s fees shall be borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.
g. When a party unilaterally initiates action to cancel or postpone an arbitration, the fees resulting from the cancellation or postponement will be borne solely by the party taking action to cancel or postpone.
Powers of the Arbitrator. The arbitrator shall have the power and authority as set forth herein to resolve such grievances.
A. It is expressly agreed that the power and authority of the arbitrator shall be limited in each case to the resolution of the question submitted to him/her. It is further specifically agreed that the arbitrator shall have no power to add to, subtract from, or modify, any of the terms of this Agreement; nor shall the arbitrator substitute his/her discretion for that of the Board where such discretion has been retained by the Board or the Association under Article II, respectively; nor shall the arbitrator exercise any responsibility or function of the Board or the Association. The decision of the arbitrator shall be final and binding on all of the parties, and neither the employee nor the Association shall seek independent judicial interpretation or relief for an alleged violation of this Agreement, such remedy being hereby expressly waived in favor of this grievance process.
B. The fees and expenses of the Arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other.
C. No decision in any one case shall require a retroactive adjustment in any other case.
D. The arbitrator shall have no power to establish salary scales.
E. The arbitrator shall have no power to rule on any of the following:
1. Any Board decision or action based on Article IV of this Agreement;
2. The decision, rule, regulation, policy, eligibility, benefit, or contract terms of any insurance carrier providing coverage described elsewhere in this Agreement;
3. Where the Board is without authority to take the action sought or legally it cannot act;
4. If an appeal can be made under the terms of the Michigan Act 4, 1937, (Extra Session); and
5. The termination or failure to re-employ.
Powers of the Arbitrator. The arbitrator shall have no authority to hear evidence and/or rule on any 22 sections of this Agreement which were not present in the original grievance,
