Common use of Powers of the Arbitrator Clause in Contracts

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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, arbitrator and he/she he shall be so empowered, except as his/her his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections Articles of this Agreement. a. The arbitrator (a) He shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. b. The arbitrator (b) He shall have no power to establish salary scales wage rates or to change any salaryrate, except as modified by Subsection (e) of this Section. c. The arbitrator (c) He shall have no power to rule on the discipline or discharge of any of the following: i. The termination of services of employee or failure to re-employ any probationary teachermatters involving prohibited bargaining subjects. 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 d) He shall have no power to change any practice, policy, or rule of the District Board of Education, nor to substitute his/her his judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by of the District. His/her power Board. (e) His powers shall be limited to deciding whether the District Board has violated the expressed articles express article 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 DistrictBoard. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. (f) In rendering a decisiondecisions, 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 . Decisions of 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall Arbitrator will be final and binding on the Association, its members, the employee or employees involved and the Districtupon both parties. h. The fees and expenses of (g) In the arbitrator event that a case is appealed to an Arbitrator on which he has no power to rule, it shall be shared equally by referred back to the Association and parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the Districtauthority to order full, partial, or no compensation for time lost subject to items (a) through (g) of this Section.

Powers of the Arbitrator. a. It shall be the function of the arbitrator, 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 Articles and sections Sections of this Agreement. a. The arbitrator . He/she shall have no power to add to: 1. Add to, subtract from, disregard, alter, alter or modify any of the terms of this the Agreement.; b. The arbitrator shall have no power to establish 2. Establish salary scales or change any salary.; c. The arbitrator shall have no power to rule 3. Rule on any the termination of the following: i. The termination of services of or failure to re-employ any probationary teacher.employee; ii4. 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 To change any practice, policy, or rule of the District nor Township Board or to substitute his/her judgment for that of the District Township Board as to the reasonableness of any such practice, policy, rule rule, or any action taken by the DistrictBoard. His/her power powers shall be limited to deciding whether the District Township has violated the expressed articles express Articles or sections 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 DistrictAgreement by such action. 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. b. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall determine have to decide if the arbitrability of said disputegrievance is arbitral. In the event that a case is appealed to an arbitrator on which he/she has no power to rule, except that either party reserves it shall be referred back to the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before parties without decision or after arbitrationrecommendation on its merits. g. c. There shall be no appeal from an arbitrator’s decision if within the scope of his/her his authority as set forth above. It shall be final and binding on upon the AssociationUnion, its members, the employee or the employees involved and the DistrictTownship. h. d. The fees and expenses of the arbitrator shall be shared equally by the Association parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the Districtexpense of witnesses called by the other.

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. 1. The termination of services of or failure to re-employ any probationary teacher. ii2. The failure to re-employ reemploy any teacher to a position on the extra-curricular schedule. iii3. 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). iv4. 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, Arbitrator and he/she shall be so 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 terms of this Agreement. a. The arbitrator a) He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator b) He/she shall have no power to establish salary scales wage rates or to change any salaryrate. c. The arbitrator c) He/she shall have no power to rule on any of the following: i. The termination of services of service or failure to re-employ any probationary teacheremployee. 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. d) He/she shall have no power to change any practice, policy, policy or rule of the District Board of Education, nor to substitute his/her judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by of the District. Board. e) His/her power powers shall be limited to deciding whether the District Board has violated the expressed articles express Article or sections 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 DistrictBoard. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. f) In rendering a decisiondecisions, an arbitrator 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 . Decisions of 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall Arbitrator will be final and binding on both parties. g) In the Associationevent that a case is appealed to an Arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its membersmerits. h) The impartial Arbitrator shall have the authority to order full, partial, or no compensation for time lost subject to items a) through g) in this Section. i) Only one [1] grievance may be submitted to an Arbitrator selected, unless by written mutual agreement of the parties. This paragraph does not prohibit the Arbitrator from ruling on the arbitrability of an issue and then the issue. j) If a scheduled arbitration case is postponed on less than one [1] week’s notice to the other party, the employee or employees involved party requesting the postponement will pay any and all Arbitrator charges caused by the Districtpostponement. h. k) The fees and expenses Union will give the Superintendent five [5] working days advance notice of employees it needs to be excused from work to attend the arbitration hearing. l) Neither party shall be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. Unless the arbitrator determines that good cause exist to do so. m) The Arbitrator may not grant a grievance which in effect grants the Union that which it attempted to bargain into the Agreement but failed to do so. n) The decision of the arbitrator shall Arbitrator must be shared equally by rendered in writing within thirty [30] calendar days of the Association and closing of the Districthearing.

Powers of the Arbitrator. It shall be the function of the arbitrator, arbitrator and he/she he shall be so empowered, except as his/her his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections Articles of this Agreement. a. The arbitrator (a) He shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. b. The arbitrator (b) He shall have no power to establish salary scales wage rates or to change any salaryrate, except as modified by Subsection (e) of this Section. c. The arbitrator (c) He shall have no power to rule on any of the following: i. The termination of services of service or failure to re-re- employ any probationary teacher. ii. The failure to re-employ any teacher to a position on employee so long as 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 Michigan Teacher Tenure Act (Act IV of Public Acts, extra session, of 1937 of Michigan, as amended)1965 is in effect. 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 (d) He shall have no power to change any practice, policy, or rule of the District Board of Education, nor to substitute his/her his judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by of the District. His/her power Board. (e) His powers shall be limited to deciding whether the District Board has violated the expressed articles express article 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 DistrictBoard. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. (f) In rendering a decisiondecisions, 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 . Decisions of 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall Arbitrator will be final and binding on the Association, its members, the employee or employees involved and the Districtupon both parties. h. The fees and expenses of (g) In the arbitrator event that a case is appealed to an Arbitrator on which he has no power to rule, it shall be shared equally by referred back to the Association and parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the Districtauthority to order full, partial, or no compensation for time lost subject to items (a) through (g) of this Section.

Powers of the Arbitrator. It shall be the function of the arbitrator, Arbitrator and he/she shall be so 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 terms of this Agreement. a. The arbitrator a) He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator b) He/she shall have no power to establish salary scales wage rates or to change any salaryrate. c. The arbitrator c) He/she shall have no power to rule on any of the following: i. The termination of services of service or failure to re-employ any probationary teacheremployee. 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. d) He/she shall have no power to change any practice, policy, policy or rule of the District Board of Education, nor to substitute his/her judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by of the District. Board. e) His/her power powers shall be limited to deciding whether the District Board has violated the expressed articles express Article or sections 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 DistrictBoard. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. f) In rendering a decisiondecisions, an arbitrator 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 . Decisions of 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall Arbitrator will be final and binding on both parties. g) In the Associationevent that a case is appealed to an Arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its membersmerits. h) The impartial Arbitrator shall have the authority to order full, partial, or no compensation for time lost subject to items a) through g) in this Section. i) Only one [1] grievance may be submitted to an Arbitrator selected, unless by written mutual agreement of the parties. This paragraph does not prohibit the Arbitrator from ruling on the arbitrability of an issue and then the issue. j) If a scheduled arbitration case is postponed on less than one [1] week’s notice to the other party, the employee or employees involved party requesting the postponement will pay any and all Arbitrator charges caused by the Districtpostponement. h. k) The fees and expenses Union will give the Superintendent five [5] working days advance notice of employees it needs to be excused from work to attend the arbitration hearing. l) The Union shall not be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. m) The Arbitrator may not grant a grievance which in effect grants the Union that which it attempted to bargain into the Agreement but failed to do so. n) The decision of the arbitrator shall Arbitrator must be shared equally by rendered in writing within thirty [30] calendar days of the Association and closing of the Districthearing.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/she a. The arbitrator shall be empowered, except as his/her powers are limited belowherein, after due investigation, to make a decision in cases of alleged violation violations, misinterpretations, or misapplication of a specific Article and Section of the specific articles and sections of this Agreement. a. 1) The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. 2) The arbitrator shall have no power to establish salary scales scales, change any salary figures in the Agreement, or increase or change any salarystaffing requirements set forth in this Agreement. c. 3) The arbitrator shall have no power to rule on any of the following: i. The : the termination of services of of, or failure to re-employ employ, any probationary teachersecretary. ii. 4) The failure arbitrator’s power shall be limited to re-employ any teacher to a position on deciding whether the extra-curricular schedule. iii. Any claim District has violated the specific Article or complaint for which there Section of this Agreement as per Article V. It is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject agreed (except as to the procedures specified provisions set forth 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. Hethis Agreement) she/she he shall have no power to change any practice, policy, or rule of the District nor District. 5) The arbitrator shall have power to substitute his/her judgment for that make monetary awards, but not to award monetary damages. 6) In rendering decisions the arbitrator shall give full recognition to the responsibilities of the District as to the reasonableness of any such practice, policy, rule or any action taken by Board which establishes the District. His/her power shall be limited to deciding whether the District has violated the expressed articles 's rights, powers and authority as that exercised or sections held by it by express provisions of this Agreement; and he/she . The arbitrator’s decision shall not imply obligations and conditions binding upon be consistent with the rights reserved to the District from by this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Districtprovision. 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. 7) If either party disputes the arbitrability of any grievance under the terms of this AgreementAgreement is disputed, or if either party alleges that the other has failed to comply with the grievance or arbitration procedure, the Arbitrator shall first rule on the question of the arbitrability or procedure. Should 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 an award, the arbitrator shall determine 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 decision shall be submitted in writing and shall set forth the arbitrability of said dispute, except that either party reserves findings and conclusions with respect to the right issue submitted to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before or after arbitration. g. d. There shall be no appeal from an arbitrator’s 's decision if within the scope of his/her their authority as set forth above. It herein, and it shall be final and binding on the Association, its membersmembers of the bargaining unit, the employee secretary or employees involved secretaries involved, and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/she they shall be empowered, except as his/her their powers are as limited below, after due investigation, to make a decision recommendation in cases of alleged violation of the specific articles and sections of this Agreement. a. (a) The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. (b) The arbitrator shall have no power to establish salary new wage scales or change any salarywage established in this contract. c. (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 Board, except as these practices, policies, or rules are in violation of the District as to the reasonableness of any such practice, policy, rule or any action taken by the Districtthis contract. His/her power The arbitrator powers shall be limited to deciding whether the District Board has violated the expressed violated, misinterpreted, or misapplied articles or sections of this Agreement; agreement, and he/she the arbitrator shall not imply obligations and conditions binding upon the District Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved and legal rights of the DistrictBoard. 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 (d) Should either party disputes dispute the arbitrability of any grievance under the terms of this Agreementagreement, the arbitrator shall determine first rule on the arbitrability of said disputequestion or arbitrability. Should it be determined that the matter is not arbitrable, except that either party reserves it shall be referred back to the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before or after arbitrationparties without recommendation on its merits. g. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. (e) The fees and expenses of the arbitrator shall be shared equally by the Association Board and the DistrictUnion. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for the expenses of witnesses called by the other.

Powers of the Arbitrator. It shall be the function of the arbitrator, and hes/she 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 articles and sections of this Agreement. a. The arbitrator (a) S/he shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator (b) S/he shall have no power to establish salary wage scales or change any wage but may place a teacher on the correct step/track or correct the calculation of the 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. Hec) S/she he 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 Board. (d) Neither party shall be limited permitted to deciding whether assert in such arbitration proceeding any new issues not previously raised or disclosed during 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 decideprevious grievance steps. 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above's decision. It shall be final and binding on the Association, its members, the employee teacher or employees involved teachers involved, and the District. h. Board, except where permitted by law. The fees and expenses of the arbitrator shall be shared equally by the Association Board and the DistrictOPEA. All other expenses shall be borne by the parties incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. (a) Any grievance occurring during the period between the termination date of this Agreement and the effective date of a new Agreement shall not be processed. Grievances which have not been resolved prior to the expiration of this Agreement shall continue to be processed according to the terms of this Agreement until resolved. (b) All responses to a grievance by the Superintendent or designee shall be communicated in writing and either delivered to the teacher, as well as the Association's Equity Chairperson, in person, through intra-district mail, or by U.S. Postal Service to his/her home address, and the Association's Executive Director shall be sent a copy of those responses to 0000x Xxxxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx Xxxxxxx, XX 00000. (c) All appeals of a grievance to the Superintendent or designee shall be communicated by U.S. Postal Service at the official address of the Board, 00000 Xxxxxxx, Xxx Xxxx, Xxxxxxxx 00000. (d) During any conference between a teacher and principal and/or administrator pertaining to a grievance, the teacher may request that the conference be terminated and be reconvened with an Association official in attendance. (e) Any conference which is held under the grievance procedure shall be conducted at any mutually agreed-to time, which includes the teacher's lunch period or other times when not scheduled to be with students. In the event that a conference or hearing under the grievance procedure is held during school hours, each teacher who is a party or witness shall be excused from his/her regular duties with pay to attend such a conference or hearing. The conference or hearings at Steps One and Two shall be held at any building operated by the Board or at any site of mutual agreement. (f) Each conference conducted under the grievance procedure shall be conducted as a private conference and attendance at such a conference shall be restricted to those persons requested by either party to participate in the attempted resolution of the grievance. (g) Failure to file the grievance in writing as specified in Steps One and Two or to forward as specified in Steps One and Two and Three shall mean the grievance is waived. (h) Failure to communicate a response on a grievance within the specified time limits shall entitle the aggrieved party to proceed to the next step. (i) If the employee elects to be represented, s/he may be present at any level of the grievance procedure where the grievance is to be discussed except that s/he need not be present where it is mutually agreed that no facts are in dispute; and that the sole question is the interpretation of this Agreement. (j) The filing of a grievance shall in no way interfere with the rights of the Board to proceed in carrying out its management responsibilities, subject to the final decision on the grievance. (k) During the pendency of any proceedings and until a final determination has been reached, all proceedings shall be private; and any preliminary disposition will not be made public without the agreement of all parties. (l) There shall be no reprisals of any kind by any administrative personnel or Board taken against any party in interest or his/her Association Representative, or any other participant in the procedure set forth therein by reason of such participation. (m) All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants. (n) Forms for filing grievances, serving notices, making appeals, making reports and recommendations, and other necessary documents shall be given appropriate distribution by the Superintendent so as to facilitate operation of procedures set forth herein. (o) Only the OPEA shall submit a grievance to arbitration.

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, alter or modify any of the terms of this Agreement. b. The arbitrator shall have no power to establish salary scales or change any salaryscales. c. The arbitrator shall have no power to rule on any of the following: i. 1) The termination of services of or failure to re-employ any probationary teacheremployee. ii. The failure to re-employ any teacher to a position on the extra-curricular schedule. iii. 2) 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. 3) Any matter involving the evaluation content of a non-classroom professionalan evaluation, unless it is a claim of failure to follow contractually agreed upon contract procedures. d. He/she The arbitrator shall have no power to change any practice, policy, policy or rule of the District Employer, nor to substitute his/her judgment for that of the District Employer as to the reasonableness of any such practice, policy, rule or any action taken by the DistrictEmployer. His/her The arbitrator’s power shall be limited to deciding whether the District Employer has violated the expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the District Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictEmployer. e. He/she The arbitrator shall have no power to decide any questions question which, under this Agreement, is within the responsibility of management the Employer to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management the Employer 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the AssociationUnion, its members, the employee or employees involved and the DistrictEmployer. h. g. The fees and expenses of the arbitrator shall be shared equally by the Association Union and the DistrictEmployer.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/she he shall be empowered, except as his/her his powers are limited below, below after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this the Agreement. a. The arbitrator (a) He shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. b. The arbitrator (b) He shall have no power to establish salary scales or change any salary, unless in violation of this Agreement. c. The arbitrator (c) He shall have no power to rule on any of the following: i. (1) The termination of services of or failure to re-employ reemploy any probationary teacher. ii. (2) The placing of a non-tenure teacher on a third year probation. (3) The termination of services or failure to re-employ reemploy any teacher to a position on the extra-curricular scheduleextracurricular schedules. iii. (4) 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 Teachers Tenure Act (Act IV 4 of Public Acts, extra session, of 1937 1947 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 (d) He shall have no power to change any practice, policy, policy or rule of the District Board nor to substitute his/her his judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by the DistrictBoard unless in violation of this Agreement. His/her power His powers shall be limited to deciding whether the District Board has violated the expressed express 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 Board. He shall have no power to decide any questions question which, under under this Agreement, is within the responsibility of management the Board to decide. In rendering a decisiondecisions, an arbitrator shall give due regard to the responsibility of management the Board 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/she The arbitrator shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision after due investigation in cases of alleged violation violations of the specific articles and sections of this Agreementagreement. a. The arbitrator (1) S/he shall have no power to add to, subtract from, disregarddiscard, alter, or modify any of the terms of this Agreementagreement. b. The arbitrator (2) S/he shall have no power to establish salary scales or change any salarysalaries. c. The arbitrator (3) S/he shall have no power to rule on any of the following: i. The upon a termination of services or of or a failure to re-employ any a probationary teacheremployee, except for legal union activities, or to rule upon the placing of a probationary employee on an additional term of probation not more than ninety-(90) days. 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. 4) His/her power shall be limited to deciding whether the District city has violated the expressed articles or articles, sections of and work rules in this Agreementagreement; and hes/she he shall not imply obligations and conditions binding upon the District from city on this Agreement, agreement; it being understood that any matter not specifically set forth herein remains remain within the reserved rights of the Districtcity. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. (5) In rendering a decisionhis/her decisions, an the arbitrator shall give due regard to the responsibility responsibilities of management and shall so construe the Agreement agreement so that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreementagreement. f. (6) If either party disputes the arbitrability of any grievance under the -the terms of this Agreementagreement, the arbitrator shall determine decide if the arbitrability grievance is arbitrable. In the event that the arbitrator's decision is that s/he has no power to rule the grievance shall be referred back to the parties without decision 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 arbitrationrecommendation on its merits. g. (7) There shall be no appeal from an arbitrator’s 's decision if -if it is within the scope of scopeof his/her authority as set forth aboveforth. It shall be final and binding on the Associationunion, its members, the employee or employees involved involved, and the Districtcity. The union shall discourage any attempt of its members and shall not encourage or cooperate with any of its members, in any appeal to any court or labor board from the decision of the arbitrator, so long as the decision is carried out. h. The fees (8) Fees and expenses of the arbitrator shall be shared equally by the Association parties. All other expenses shall be borne by the party incurring them; and neither party shall be responsible for the Districtexpenses of witnesses called by the other.

Powers of the Arbitrator. It shall will be the function of the arbitrator, and he/she shall will be empowered, 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 Articles and sections Sections of this Agreement. a. The arbitrator shall A. He/she will have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator shall B. He/she will have no power to establish salary scales or change any salarysalary unless it is found that a teacher has been improperly placed on the existing salary schedule. c. The arbitrator shall C. He/she will have no power to rule on any of the following: i. The 1. the termination of services of or failure to re-employ any probationary teacher.teacher during his/her first three years of teaching; ii2. The the termination of services or failure to re-employ any teacher to a position on the extra-co- 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. D. He/she shall have no power is not empowered to change any practice, policy, or rule of the District nor to Board that is not in violation of this Agreement. He/she will not substitute his/her judgment for that of the District Board's judgment as to the reasonableness of any such Board practice, policy, rule, or actions. His/her power is limited to deciding whether the Board has violated any term or condition of this agreement. The existence of a Board practice, policy, rule or any action taken actions does not absolve the Board from its obligations provided 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. He/she shall will not imply obligations obligations, and conditions binding upon the District from Board not found in this Agreement, it . It being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictBoard. e. HeE. In the event that a case is appealed to an arbitrator on which he/she shall have has no power to decide any questions whichrule, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard it will be referred back 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 Agreementparties without decision or recommendation on its merits. 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. F. There shall will be no appeal from an arbitrator’s 's decision if within the scope of his/her authority as set forth abovedecision is based on this Agreement. It shall will be final and binding on the Association, its members, the employee teacher or employees teachers involved and the DistrictBoard. h. G. The fees and expenses of the arbitrator shall will be shared equally by the Association Board and the DistrictAssociation. All other expenses will be borne by the party incurring them, and neither party will be responsible for the expense of witnesses called by the other. The filing fee will be shared by the parties. H. Claims for back pay: All grievances must be filed, in writing within forty (40) working days from the time the alleged violation was to have occurred. 1. All claims for back wages will be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he/she may have received from any source of a like nature during the period of the back pay. 2. No decision in any one case will require a retroactive wage adjustment in any other case. I. Any grievance occurring during the period between the termination date of the Agreement and the effective date of the new Agreement will be processed. Any grievance which arose prior to the effective date of the Agreement will be processed, under the previous Agreement. J. The arbitrator will not insert his/her judgment or wisdom for that of the Board beyond the arbitrator's powers set forth in this Agreement. In rendering his/her decision, the arbitrator will not apply the Agreement to limit the Board's responsibility except as provided by this Agreement. K. Upon receipt of the administrative law judge's decision as provided for in the Michigan Teacher's Tenure Act, a tenured teacher may elect to appeal the decision to the Tenure Commission or file a grievance at Step Two, but not both. The grievance must be filed within thirty (30) days from the date of the administrative law judge's written decision. The teacher shall not have multiple methods of seeking redress in a matter and is restricted to a choice of appealing to the Tenure Commission or having the Association file for arbitration, but not both. The arbitrator will have no authority to decide any matter regarding discipline or dismissal of a teacher where an appeal has been filed pursuant to the Michigan Teachers' Tenure Act and the Tenure Commission has assumed jurisdiction of the matter.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/he or she shall be empowered, except as his/her his powers are limited below, after due investigation, to make a final decision in cases of alleged violation of based upon, and specifically limited to, whether the specific School District has violated express articles and sections of this Agreement. a. The arbitrator (1) He or she 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 (2) He or change any salary. c. The arbitrator she shall have no power to rule on any of the following: i. a. The discipline, suspension, or the termination of services of of, or failure to re-employ re- employ, any probationary teacheremployee. ii. The failure to re-employ any teacher to a position on b. Employee evaluations by the extra-curricular scheduleprincipal or supervisor. iii. c. Any claim or complaint for which there matter which, under this Agreement, is another remedial procedure or forum established by law or by regulation having within the force responsibility of law, including any the District to decide. d. Any matter subject to the procedures specified in the Teacher Tenure Act (Act IV 4 of Public Acts, extra session, Extra Session of 1937 1936 of Michigan, as amended). iv. Any matter involving the evaluation of a non-classroom professionale. The removal, unless it is a claim of assignment, reassignment, or failure to follow contractually agreed upon proceduresassign a teacher to an extracurricular activity. d. He/f. Any alleged violation of §7.1, §7.2, and §7.3 if there are teachers on layoff. With regard to any of the items set forth in subsection "a" through "f" above, the employee and/or Association may pursue whatever other legal remedies (excluding action prohibited in §25) which are available after pursuing the matter through Step Three above. (3) He or she shall have no power to change or negate, or substitute his judgment for the District's with respect to, any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness not in violation 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 express terms and conditions 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/(4) He or she shall have no power to imply conditions or obligations upon the School District other than as expressed within this Agreement or 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 Agreementmanagement. f. (5) If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability question of said disputearbitrability. In the event that a case is appealed to an arbitrator on which he has no power to rule, except that either party reserves it shall be referred back to the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before parties without decision or after arbitrationrecommendation on its merits. g. (6) There shall be no appeal from an arbitrator’s 's decision if within the scope of his/her authority as set forth above. It shall be final and binding on upon the Association, its members, the employee or employees involved involved, and the Districtboard. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, arbitrator and he/she shall only be empowered, except as his/her powers are limited below, after due investigation, empowered to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.agreement. His/her powers shall be limited by the following: a. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The Any award of wages made by the arbitrator based upon an alleged mis- computation of a paycheck shall be limited to the beginning of the pay period immediately preceding the pay period in which the grievance was filed. Exception shall be made when an employee changes from one classification to another. c. He/she 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 Board as to the reasonableness of any such practice, policy, rule or any action taken by the District. Board unless any policy, practice or rule is in violation of the Agreement. e. His/her power powers shall be limited to deciding whether the District Board has violated the expressed express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the District Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictBoard. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. f. In rendering a decisiondecisions, 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 g. In the arbitrability of any grievance under the terms of this Agreementevent that a case is appealed to an arbitrator on which he/she has no power to rule, 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 it shall be no appeal from an arbitrator’s referred back to the parties without decision if within the scope of his/her authority as set forth above. It shall be final and binding or recommendation on the Association, its members, the employee or employees involved and the Districtmerits. h. The fees and expenses of the arbitrator He/she shall be shared equally by the Association and the Districthave no power to interpret State or Federal law.

Powers of the Arbitrator. A. 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 1. He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator 2. He/she shall have no power to establish salary scales schedules or to change any salary, except in cases where his/her award has the effect of changing an MBU’s summative evaluation rating (e.g., from “Needs Improvement” to “Effective”). c. The arbitrator 3. He/she shall have no power to rule on any of the following:following except where there is a possible violation of a section of this Agreement. i. a. The termination of services for failure to re-employ any probationary employees. b. The placing of a probationary employee on additional probation. c. The termination of services or failure to re-employ any probationary teacher. ii. The failure to re-employ any teacher employee to a position on the extra-curricular schedulean extra duty assignment. 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. d. Any matter involving the an evaluation of a non-classroom professional, unless it is a claim of failure to follow contractually agreed upon proceduresrendered on an employee. d. 4. He/she shall have no power to change any practice, policy, or rule of the District Board, nor to substitute his/her his judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by the DistrictBoard except where there is a possible violation of a section of this Agreement. His/her power His powers shall be limited to deciding whether the District Board has violated the expressed express articles or sections of this the Agreement; , and he/she shall not imply obligations and conditions binding upon the District from Board other than that which is specifically included in this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictBoard except as it pertains to the terms and conditions of employment which shall be negotiated as part of the Agreement before implementation. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide5. In rendering a decisiondecisions, an arbitrator shall give due regard to the responsibility and rights of management the Board and employee(s) and shall so construe the Agreement such that there will be no interference with such responsibilities, responsibilities and rights except as they may be specifically conditioned by this Agreement. f. 6. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall determine have to decide if the arbitrability of said disputegrievance is arbitrable. In the event that a case is appealed to an arbitrator in which he has no power to rule, except that either party reserves it shall be referred to the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before parties without decision or after arbitrationrecommendation on its merits. g. 7. There shall be no appeal from an arbitrator’s 's decision if it is within the scope of his/her authority as set forth above. It shall be final and binding on upon the Association, its members, the employee or employees involved involved, and the DistrictBoard. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/she he shall be empowered, except as his/her his powers are limited below, below after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this the Agreement. a. The arbitrator (a) He shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. b. The arbitrator (b) He shall have no power to establish salary scales or change any salary, unless in violation of this Agreement. c. The arbitrator (c) He shall have no power to rule on any of the following: i. (1) The termination of services of or failure to re-employ reemploy any probationary teacher. ii. (2) The placing of a non-tenure teacher on a third year probation. (3) The termination of services or failure to re-employ reemploy any teacher to a position on the extra-curricular scheduleextracurricular schedules. iii. (4) 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 Teachers Tenure Act (Act IV 4 of Public Acts, extra session, of 1937 1947 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 (d) He shall have no power to change any practice, policy, policy or rule of the District Board nor to substitute his/her his judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by the DistrictBoard unless in violation of this Agreement. His/her power His powers shall be limited to deciding whether the District Board has violated the expressed express 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 DistrictBoard. e. He/she (e) He shall have no power to decide any questions question which, under this Agreement, is within the responsibility of management if the Board to decide. In rendering a decisiondecisions, an arbitrator shall give due regard to the responsibility of management the Board 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. (f) There shall be no appeal from an arbitrator’s decision if within the scope of his/her his authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved involved, and the DistrictBoard. The Association shall discourage any attempt of its members, and shall not encourage or cooperate with any of its members, in any appeal to any court or labor board from a decision of an arbitrator nor shall the Association or its members by any other means attempt to bring about the settlement of any grievance. h. (g) The fees and expenses of the arbitrator shall be shared equally by the Association Board and the DistrictAssociation. 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. (h) Any grievance occurring during the period between the termination date of the Agreement and the effective date of a new agreement shall not be processed. Any grievance which arose prior to the effective date of this Agreement shall not be processed.

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. 1. The termination of services of or failure to re-employ any probationary teacher. ii2. The failure to re-employ reemploy any teacher to a position on the extra-curricular schedule. iii3. 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). iv4. Any matter involving the evaluation of a non-classroom professionalteacher evaluation, unless it is a claim of failure to follow contractually agreed upon contract 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 Holland Education Association Master Agreement 2005-2008 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, 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 (a) He/she shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. b. The arbitrator (b) He/she 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. c) He/she shall have no power to change any practice, policy, or rule rules of the District Board, nor to substitute his/her judgment for that of the District Board as to the reasonableness of any such practice, policy, rule rule, or any action taken by the DistrictBoard. His/her power powers shall be limited to deciding whether the District Board has violated the expressed express articles or sections of this Agreement; , and he/she shall not imply obligations and conditions binding upon the District Board from this Agreement, it being expressly understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictBoard. e. (d) He/she shall have no power to rule upon those matters excluded from the grievance procedures under paragraph B of this Article. (e) He/she shall have no power to decide any questions question, which, under this Agreement, is within the responsibility of management to decide. In rendering a decisiondecisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement agreement that there will be no interference with such responsibilities, except as they may be conditioned specifically conditioned by this Agreementagreement. f. (f) If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall determine rule, in writing upon arbitrability before proceeding to the arbitrability merits 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 arbitrationcase. g. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. (g) The fees and expenses of the arbitrator shall be shared equally paid by the Association Board, or BIO, whichever loses the grievance, or in the case of a split award, the fees and expenses of the arbitrator shall be apportioned by the arbitrator between the Board and BIO. 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. (h) Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction. (i) The arbitrator shall document his/her findings and conclusions in an opinion and award, which shall be duly served upon the parties. (j) All claims for back pay shall be limited to the amount of wages which would have been earned at the Bargaining Unit Member's regular rate of pay, and the Districtarbitrator shall have no power to award any other form of damages. No decision for retroactive wage adjustment in one case shall be binding on other cases. No decision of the arbitrator for a retroactive wage adjustment shall be valid beyond twenty (20) days preceding the date of the written grievance.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/she the arbitrator shall be empowered, except as his/her 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 the Agreement. a. The arbitrator Arbitrator shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. b. The arbitrator Arbitrator shall have no power to establish salary scales or change any salarysalary scales. c. The arbitrator Arbitrator shall have no power to rule on any of the following: i. 1. The termination of the services of of, or failure to re-employ any probationary teacheremployee. ii. The failure to re-employ any teacher to a position on the extra-curricular schedule. iii2. 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, policy or rule of the District nor Township or to substitute his/her his judgment for that of the District as to the reasonableness of any such practice, policy, rule policy 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 Districtrule. e. He/she d. In discharge and discipline cases, the Arbitrator shall have no power to decide any questions whichmitigate the punishment but shall have only the power to determine if discipline was warranted and, under this Agreementif so, is within the responsibility of management to decide. In rendering a decision, an arbitrator Arbitrator shall give due regard to uphold the responsibility of management and shall so construe punishment determined by the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreementemployer. f. e. If either party disputes the arbitrability of any grievance under the terms of this Agreement, Agreement the arbitrator shall determine decide if the arbitrability of said disputegrievance is arbitrable. In the event the Arbitrator determines the Arbitrator is without power to arbitrate the grievance, 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 it shall be no appeal from an arbitrator’s referred back to the parties without decision or recommendation on its merits. 4 The decision of the Arbitrator shall be final and binding if within the scope of his/her the authority as set forth above. It shall be final and binding on upon the AssociationUnion, its members, the employee or employees involved involved, and the DistrictTownship. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

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, alter or modify any of the terms of this Agreement. b. The arbitrator shall have no power to establish salary scales or change any salaryscales. c. The arbitrator shall have no power to rule on any of the following: i. 1) The termination of services of or failure to re-employ any probationary teacheremployee. ii. The failure to re-employ any teacher to a position on the extra-curricular schedule. iii. 2) 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. 3) Any matter involving the evaluation content of a non-classroom professionalan evaluation, unless it is a claim of failure to follow contractually agreed upon contract procedures. d. He/she The arbitrator shall have no power to change any practice, policy, policy or rule of the District Employer nor to substitute his/her judgment for that of the District Employer as to the reasonableness of any such practice, policy, rule or any action taken by the DistrictEmployer. His/her The arbitrator’s power shall be limited to deciding whether the District Employer has violated the expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the District Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictEmployer. e. He/she The arbitrator shall have no power to decide any questions question which, under this Agreement, is within the responsibility of management the Employer to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management the Employer 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the AssociationUnion, its members, the employee or employees involved and the DistrictEmployer. h. g. The fees and expenses of the arbitrator shall be shared equally by the Association Union and the DistrictEmployer.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/he or she shall be empowered, except as his/her his powers are limited below, after due investigation, to make a final decision in cases of alleged violation of based upon, and specifically limited to, whether the specific School District has violated express articles and sections of this Agreement. a. The arbitrator (1) He or she 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 (2) He or change any salary. c. The arbitrator she shall have no power to rule on any of the following: i. (a) The discipline, suspension, or the termination of services of of, or failure to re-employ employ, any probationary teacheremployee. ii. The failure to re-employ any teacher to a position on (b) Employee evaluations by the extra-curricular scheduleprincipal or supervisor. iii. (c) Any claim or complaint for which there matter which, under this Agreement, is another remedial procedure or forum established by law or by regulation having within the force responsibility of law, including any the District to decide. (d) Any matter subject to the procedures specified in the Teacher Tenure Act (Act IV 4 of Public Acts, extra session, Extra Session of 1937 1936 of Michigan, as amended). iv. Any matter involving the evaluation of a non-classroom professional(e) The removal, unless it is a claim of assignment, reassignment, or failure to follow contractually agreed upon proceduresassign a teacher to an extracurricular activity. d. He/(f) Any alleged violation of §7.1, §7.2, and §7.3 if there are teachers on layoff. With regard to any of the items set forth in subsection "a" through "f" above, the employee and/or Association may pursue whatever other legal remedies (excluding action prohibited in §25) which are available after pursuing the matter through Step Three above. (3) He or she shall have no power to change or negate, or substitute his judgment for the District's with respect to, any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness not in violation 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 express terms and conditions 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/(4) He or she shall have no power to imply conditions or obligations upon the School District other than as expressed within this Agreement or 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 Agreementmanagement. f. (5) If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability question of said disputearbitrability. In the event that a case is appealed to an arbitrator on which he has no power to rule, except that either party reserves it shall be referred back to the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before parties without decision or after arbitrationrecommendation on its merits. g. (6) There shall be no appeal from an arbitrator’s 's decision if within the scope of his/her authority as set forth above. It shall be final and binding on upon the Association, its members, the employee or employees involved involved, and the Districtboard. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

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. 1. The termination of services of or failure to re-employ re­employ any probationary teacher. ii2. The failure to re-employ reemploy any teacher to a position on the extra-curricular extra­curricular schedule. iii3. 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). iv4. Any matter involving the evaluation of a non-classroom non­classroom 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; 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall will be the function of the arbitrator, and he/she shall will be empowered, 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 Articles and sections Sections of this Agreement. a. The arbitrator shall A. He/she will have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator shall B. He/she will have no power to establish salary scales or change any salarysalary unless it is found that a teacher has been improperly placed on the existing salary schedule. c. The arbitrator shall C. He/she will have no power to rule on any of the following: i. 1. 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 extraco-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. D. He/she shall have no power is not empowered to change any practice, policy, or rule of the District nor to Board that is not in violation of this Agreement. He/she will not substitute his/her judgment for that of the District Board's judgment as to the reasonableness of any such Board practice, policy, rule, or actions. His/her power is limited to deciding whether the Board has violated any term or condition of this agreement. The existence of a Board practice, policy, rule or any action taken actions does not absolve the Board from its obligations provided 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. He/she shall will not imply obligations obligations, and conditions binding upon the District from Board not found in this Agreement, it . It being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictBoard. e. HeE. In the event that a case is appealed to an arbitrator on which he/she shall have has no power to decide any questions whichrule, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard it will be referred back 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 Agreementparties without decision or recommendation on its merits. 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. F. There shall will be no appeal from an arbitrator’s 's decision if within the scope of his/her authority as set forth abovedecision is based on this Agreement. It shall will be final and binding on the Association, its members, the employee teacher or employees teachers involved and the DistrictBoard. h. G. The fees and expenses of the arbitrator shall will be shared equally by the Association Board and the DistrictAssociation. All other expenses will be borne by the party incurring them, and neither party will be responsible for the expense of witnesses called by the other. The filing fee will be shared by the parties. H. Claims for back pay: All grievances must be filed, in writing within forty (40) working days from the time the alleged violation was to have occurred. 1. All claims for back wages will be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he/she may have received from any source of a like nature during the period of the back pay. 2. No decision in any one case will require a retroactive wage adjustment in any other case. I. Any grievance occurring during the period between the termination date of the Agreement and the effective date of the new Agreement will be processed. Any grievance which arose prior to the effective date of the Agreement will be processed, under the previous Agreement. J. The arbitrator will not insert his/her judgment or wisdom for that of the Board beyond the arbitrator's powers set forth in this Agreement. In rendering his/her decision, the arbitrator will not apply the Agreement to limit the Board's responsibility except as provided by this Agreement. K. Upon receipt of the administrative law judge's decision as provided for in the Michigan Teachers’ Tenure Act, a tenured teacher may elect to appeal the decision to the Tenure Commission or file a grievance at Step Two, but not both. The grievance must be filed within thirty (30) days from the date of the administrative law judge's written decision. The teacher shall not have multiple methods of seeking redress in a matter and is restricted to a choice of appealing to the Tenure Commission or having the Association file for arbitration, but not both. The arbitrator will have no authority to decide any matter regarding discipline or dismissal of a teacher where an appeal has been filed pursuant to the Michigan Teachers' Tenure Act and the Tenure Commission has assumed jurisdiction of the matter.

Powers of the Arbitrator. 10 It shall be the function of the arbitrator, arbitrator and he/she shall be empowered, except as his/her 11 powers are limited below, after due investigation, to make a decision in cases of alleged 12 violation of the specific articles and sections of this Agreement. a. The arbitrator . 14 (a) He/she shall have no power to add to, subtract from, disregard, alter, alter or modify any 15 of the terms of this Agreement. b. The arbitrator . 17 (b) He/she 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 19 (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. c) He/she shall have no power to change any practice, policy, or rule rules of the District Board, 20 nor to substitute his/her judgment for that of the District Board as to the reasonableness of 21 any such practice, policy, rule rule, or any action taken by the DistrictBoard. His/her power powers 22 shall be limited to deciding whether the District Board has violated the expressed express articles or 23 sections of this Agreement; , and he/she shall not imply obligations and conditions 24 binding upon the District Board from this Agreement, it being expressly understood that any 25 matter not specifically set forth herein remains within the reserved rights of the District. e. 26 Board. 28 (d) He/she shall have no power to rule upon those matters excluded from the grievance 29 procedures under paragraph B of this Article. 31 (e) He/she shall have no power to decide any questions question, which, under this Agreement, is 32 within the responsibility of management to decide. In rendering a decisiondecisions, an 33 arbitrator shall give due regard to the responsibility of management and shall so 34 construe the Agreement agreement that there will be no interference with such responsibilities, 35 except as they may be conditioned specifically conditioned by this Agreementagreement. 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, arbitrator and he/she shall only be empowered, except as his/her powers are limited below, after due investigation, empowered to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.. His/her powers shall be limited by the following: a. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. b. The Any award of wages made by the arbitrator based upon an alleged mis- computation of a paycheck shall be limited to ninety (90) calendar days immediately preceding the pay period in which the grievance was filed. Exception shall be made when an employee changes from one classification to another. c. He/she 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 proceduresscales. d. He/she shall have no power to change any practice, policy, or rule of the District nor to substitute his/her his judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by the District. Board unless any policy, practice or rule is in violation of the Agreement. e. His/her power powers shall be limited to deciding whether the District Board has violated the expressed express articles or and sections of this Agreement; Agreement and hethe enforcement thereof. He/she shall not imply obligations and conditions binding upon the District Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictBoard. e. f. In the event a case is appealed to an arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. g. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management rule on State or Federal Law. h. He/she shall have no power to decide. In rendering a decision, an rule on probationary employee discharge. i. The arbitrator shall give due regard have no power to establish or change the responsibility provisions of management insurance contracts and shall so construe policies as defined by 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 no appeal from an arbitrator’s decision if within the scope of hiscarrier. His/her authority as set forth above. It shall be final limited to deciding if the employer is providing the insurance coverage as specified by this agreement and binding on the Association, its members, the employee or employees involved and the Districtenforcement thereof. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, arbitrator and he/she shall only be empowered, except as his/her powers are limited below, after due investigation, empowered to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.agreement. His/her powers shall be limited by the following: a. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The Any award of wages made by the arbitrator based upon an alleged miscomputation of a paycheck shall be limited to the beginning of the pay period immediately preceding the pay period in which the grievance was filed. Exception shall be made when an employee changes from one classification to another. c. He/she 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 Board as to the reasonableness of any such practice, policy, rule or any action taken by the District. Board unless any policy, practice or rule is in violation of the Agreement. e. His/her power powers shall be limited to deciding whether the District Board has violated the expressed express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the District Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictBoard. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. f. In rendering a decisiondecisions, 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 g. In the arbitrability of any grievance under the terms of this Agreementevent that a case is appealed to an arbitrator on which he/she has no power to rule, 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 it shall be no appeal from an arbitrator’s referred back to the parties without decision if within the scope of his/her authority as set forth above. It shall be final and binding or recommendation on the Association, its members, the employee or employees involved and the Districtmerits. h. The fees and expenses of the arbitrator He/she shall be shared equally by the Association and the Districthave no power to interpret State or Federal law.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/she The arbitrator shall be empowered, except as his/her hislher powers are limited below, after due investigation, to make a decision after due investigation in cases of alleged violation violations of the specific articles and sections of this Agreementagreement. a. The arbitrator (1) S/he shall have no power to add to, subtract from, disregarddiscard, alter, or modify any of the terms of this Agreementagreement. b. The arbitrator (2) S/he shall have no power to establish salary scales or change any salarysalaries. c. The arbitrator (3) S/he shall have no power to rule on any of the following: i. The upon a termination of services or of or a failure to re-re- employ any a probationary teacheremployee, except for legal union activities, or to rule upon the placing of a probationary employee on an additional term of probation not more than ninety (90) days. 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. 4) His/her power shall be limited to deciding whether the District city has violated the expressed articles or articles, sections of and work rules in this Agreementagreement; and hes/she he shall not imply obligations and conditions binding upon the District from city on this Agreement, agreement; it being understood that any matter not specifically set forth herein remains remain within the reserved rights of the Districtcity. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. (5) In rendering a decisionhis/her decisions, an the arbitrator shall give due regard to the responsibility responsibilities of management and shall so construe the Agreement agreement so that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreementagreement. f. (6) If either party disputes the arbitrability of any grievance under the terms of this Agreementagreement, the arbitrator shall determine decide if the arbitrability grievance is arbitrable. In the event that the arbitrator's decision is that s/he has no power to rule the grievance shall be referred back to the parties without decision 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 arbitrationrecommendation on its merits. g. (7) There shall be no appeal from an arbitrator’s 's decision if within it is \vithin the scope of his/her authority as set forth aboveforth. It shall be final and binding on the Associationunion, its members, the employee or employees involved involved, and the Districtcity. The union shall discourage any attempt of its members and shall not encourage or cooperate with any of its members, in any appeal to any court or labor board from the decision of the arbitrator, so long as the decision is carried out. h. The fees (8) Fees and expenses of the arbitrator shall be shared equally by the Association parties. All other expenses shall be borne by the party incurring them; and neither party shall be responsible for the Districtexpenses of witnesses called by the other.

Powers of the Arbitrator. It shall be the function of the arbitrator, 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 (a) He/she shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. b. The arbitrator (b) He/she 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. c) He/she shall have no power to change any practice, policy, or rule rules of the District Board, nor to substitute his/her judgment for that of the District Board as to the reasonableness of any such practice, policy, rule rule, or any action taken by the DistrictBoard. His/her power powers shall be limited to deciding whether the District Board has violated the expressed express articles or sections of this Agreement; , and he/she shall not imply obligations and conditions binding upon the District Board from this Agreement, it being expressly understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictBoard. e. (d) He/she shall have no power to rule upon those matters excluded from the grievance procedures under paragraph B of this Article. (e) He/she shall have no power to decide any questions question, which, under this Agreement, is within the responsibility of management to decide. In rendering a decisiondecisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement agreement that there will be no interference with such responsibilities, except as they may be conditioned specifically conditioned by this Agreementagreement. f. (f) If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall determine rule, in writing, upon the arbitrability before proceeding to the merits 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 arbitrationcase. g. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. (g) The fees and expenses of the arbitrator shall be shared equally paid by the Association Board, or BIO, whichever loses the grievance or in the case of a split award, the fees and expenses of the arbitrator shall be apportioned by the arbitrator between the Board and BIO. 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. (h) Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction. (i) The arbitrator shall document his/her findings and conclusions in an opinion and award, which shall be duly served upon the parties. (j) All claims for back pay shall be limited to the amount of wages, which would have been earned at the Bargaining Unit Member's rate of pay, and the Districtarbitrator shall have no power to award any other form of damages. No decision for retroactive wage adjustment in one case shall be binding on other cases. No decision of the arbitrator for a retroactive wage adjustment shall be valid beyond twenty (20) days preceding the date of the written grievance.

Powers of the Arbitrator. It shall be the function of the arbitratorArbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigationproper hearing on a properly filed and processed grievance referred to him/her as set forth above, to make a decision in cases of an alleged violation of the specific articles Articles and sections Sections of this Agreement. The decision of the Arbitrator shall be based exclusively on the evidence presented at the Arbitration hearing and the provisions of this Agreement. The Arbitrator's decision shall not be based on any statutes, decisions, regulations or other extra contract matters not specifically incorporated into this Agreement. The Arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. a. (a) The arbitrator Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement of any of the functions or responsibilities of the parties to this Agreement. b. (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 Arbitrator shall have no power to change any practice, policy, or rule of the District Town nor to substitute his/her judgment for that of the District Town as to the reasonableness of any such practice, policy, or rule, unless such practice, policy, or rule is in violation of a specific Article or any action taken by the DistrictSection of this Agreement. His/her power powers shall be limited to deciding whether the District Town has violated the expressed articles or sections express Article and Sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the District Town from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictTown. e. He/she (c) The Arbitrator shall have no power to decide any questions which, under this Agreement, substitute his/her discretion for the Town's discretion in cases where the Town 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 given discretion by this Agreement. f. If either party disputes (d) The Arbitrator shall only have the arbitrability authority to pass on a grievance referred to him/her as prescribed herein. (e) The Arbitrator shall be without the authority to make any decision, which requires the commission of any grievance under act, prohibited by law or which is violative of the terms of this Agreement. (f) The Arbitrator shall have no power to rule on any claim or complaint for which there is another remedial procedure or forum established by law or regulation. At the time of the Arbitration Hearing, both the arbitrator Employer and the Union shall determine the arbitrability of said dispute, except that either party reserves have the right to seek resolution of call any dispute of arbitrability in employee as a court of competent jurisdiction before or after arbitration. g. There witness and to examine and cross- examine witnesses. Each party shall be responsible for the expenses of the witness that they may call. The parties shall submit to each other a list of all witnesses to be called in the event of an Arbitration Hearing no appeal from an arbitrator’s decision if within less than forty- eight (48) hours in advance of the scope scheduled hearing date. At the close of the Hearing, the Arbitrator shall afford the employer and the Union reasonable opportunity to furnish Briefs. The Arbitrator will render his/her authority as set forth above. It shall be final and binding on decision within thirty (30) days from the Associationdate the hearing is closed or the date the parties submit their Briefs, its members, the employee or employees involved and the Districtwhichever date is later. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator, Arbitrator and he/she shall be so 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 terms of this Agreement, and shall comply with the Michigan Uniform Arbitration Act, PA 371 of 2012. a. The arbitrator a) He/she shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. b. The arbitrator b) He/she shall have no power to establish salary scales wage rates or to change any salaryrate. c. The arbitrator c) He/she shall have no power to rule on any of the following: i. The termination of services of service or failure to re-employ reemploy any probationary teacheremployee. 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. d) He/she shall have no power to change any practice, policy, policy or rule of the District Board of Education, nor to substitute his/her judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by of the District. Board. e) His/her power powers shall be limited to deciding whether the District Board has violated the expressed articles express article 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 DistrictBoard. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. f) In rendering a decisiondecisions, an arbitrator 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 . Decisions of 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall Arbitrator will be final and binding upon all parties. g) In the event that a case is appealed to an Arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. h) Only one (1) grievance may be submitted to an Arbitrator selected, unless by written mutual agreement of the parties. This paragraph does not prohibit the Arbitrator from ruling on the Association, its membersarbitrability of an issue and then the issue. i) If a scheduled arbitration case is postponed on less than one (1) week’s notice to the other party, the employee or employees involved party requesting the postponement will pay any and all Arbitrator charges caused by the Districtpostponement. h. j) The fees and expenses Union will give the Superintendent five (5) working days advance notice of employees it needs to be excused from work to attend the arbitration hearings. k) Neither the Union nor the Employer shall be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. l) The Arbitrator may not grant a grievance which in effect grants the Union that which it attempted o bargain into the agreement but failed to do so. m) The decision of the arbitrator shall Arbitrator must be shared equally by rendered in writing within thirty (30) calendar days of the Association and closing of the Districthearing. n) Both parties will give the other five (5) working days advance notice of who they intend to have as witnesses.

Powers of the Arbitrator. It shall be the function of the arbitrator, and hes/she 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 articles and sections of this Agreement. a. The arbitrator (a) S/he shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator (b) S/he shall have no power to establish salary wage scales or change any wage but may place a teacher on the correct step/track or correct the calculation of the 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. Hec) S/she he 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 Board. (d) Neither party shall be limited permitted to deciding whether assert in such arbitration proceeding any new issues not previously raised or disclosed during 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 decideprevious grievance steps. 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 no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above's decision. It shall be final and binding on the Association, its members, the employee teacher or employees involved teachers involved, and the District. h. Board, except where permitted by law. The fees and expenses of the arbitrator shall be shared equally by the Association Board and the DistrictOPEA. All other expenses shall be borne by the parties incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. (a) Any grievance occurring during the period between the termination date of this Agreement and the effective date of a new Agreement shall not be processed. Grievances which have not been resolved prior to the expiration of this Agreement shall continue to be processed according to the terms of this Agreement until resolved. (b) All responses to a grievance by the Superintendent or designee shall be communicated in writing and either delivered to the teacher, as well as the Association's Equity Chairperson, in person, through intra-district mail, or by U.S. Postal Service to his/her home address, and the Association's Executive Director shall be sent a copy of those responses to 00000 Xxxx 00 xxxx Xx., Xxxxx 000, Lathrup Village, MI. 48-76 (c) All appeals of a grievance to the Superintendent or designee shall be communicated by U.S. Postal Service at the official address of the Board, 00000 Xxxxxxx, Xxx Xxxx, Xxxxxxxx 00000. (d) During any conference between a teacher and principal and/or administrator pertaining to a grievance, the teacher may request that the conference be terminated and be reconvened with an Association official in attendance. (e) Any conference which is held under the grievance procedure shall be conducted at any mutually agreed-to time, which includes the teacher's lunch period or other times when not scheduled to be with students. In the event that a conference or hearing under the grievance procedure is held during school hours, each teacher who is a party or witness shall be excused from his/her regular duties with pay to attend such a conference or hearing. The conference or hearings at Steps One and Two shall be held at any building operated by the Board or at any site of mutual agreement. (f) Each conference conducted under the grievance procedure shall be conducted as a private conference and attendance at such a conference shall be restricted to those persons requested by either party to participate in the attempted resolution of the grievance. (g) Failure to file the grievance in writing as specified in Steps One and Two or to forward as specified in Steps One and Two and Three shall mean the grievance is waived. (h) Failure to communicate a response on a grievance within the specified time limits shall entitle the aggrieved party to proceed to the next step. (i) If the employee elects to be represented, s/he may be present at any level of the grievance procedure where the grievance is to be discussed except that s/he need not be present where it is mutually agreed that no facts are in dispute; and that the sole question is the interpretation of this Agreement. (j) The filing of a grievance shall in no way interfere with the rights of the Board to proceed in carrying out its management responsibilities, subject to the final decision on the grievance. (k) During the pendency of any proceedings and until a final determination has been reached, all proceedings shall be private; and any preliminary disposition will not be made public without the agreement of all parties. (l) There shall be no reprisals of any kind by any administrative personnel or Board taken against any party in interest or his/her Association Representative, or any other participant in the procedure set forth therein by reason of such participation. (m) All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants. (n) Forms for filing grievances, serving notices, making appeals, making reports and recommendations, and other necessary documents shall be given appropriate distribution by the Superintendent so as to facilitate operation of procedures set forth herein. (o) Only the OPEA shall submit a grievance to arbitration.

Powers of the Arbitrator. It shall be the function of the arbitrator, and he/she he shall be empowered, except as his/her his powers are limited below, after due investigation, to make a decision recommendation in cases of alleged violation of the specific articles and sections of this Agreement. a. The arbitrator (a) He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator (b) He shall have no power to establish salary new wage scales or change any salarywage established in this contract. 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 c) He shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that Board, except as these practices, policies, or rules are in violation of the District as to the reasonableness of any such practice, policy, rule or any action taken by the Districtthis contract. His/her power His powers shall be limited to deciding deCiding whether the District Board has violated the expressed violated, misinter- preted, or misapplied articles or sections of this Agreement; agreement, and he/she he shall not imply obligations and conditions binding upon the District Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved and legal rights of the DistrictBoard. 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 (d) Should either party disputes dispute the arbitrability of any grievance under the terms of this Agreementagreement, the arbitrator shall determine first rule on the arbitrability of said disputequestion or arbitrability. Should it be determined that the matter is not arbitrable, except that either party reserves it shall be referred back to the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before or after arbitrationparties without recommendation on its merits. g. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. (e) The fees and expenses of the arbitrator shall be shared equally by the Association Board and the DistrictUnion. All other expenses shall be borne by the party incurring them. Neither party shall be reponsible for the expenses of witnesses called by the other. Nothing contained herein shall be deemed to abrogate or limit the rights guaranteed by existing statues.

Powers of the Arbitrator. A. 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 1. He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator 2. He/she shall have no power to establish salary scales schedules or to change any salary., except in cases where KLV KHU DZDUG KDV WKH HIIHFW RI FKDQJLQJ DQ 0%8¶V ,PSURYHPHQW´ . WR ³(IIHFWLYH´ c. The arbitrator 3. He/she shall have no power to rule on any of the following:following except where there is a possible violation of a section of this Agreement. i. a. The termination of services for failure to re-employ any probationary employees. b. The placing of a probationary employee on additional probation. c. The termination of services or failure to re-employ any probationary teacher. ii. The failure to re-employ any teacher employee to a position on the extra-curricular schedulean extra duty assignment. 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. d. Any matter involving the an evaluation of a non-classroom professional, unless it is a claim of failure to follow contractually agreed upon proceduresrendered on an employee. d. 4. He/she shall have no power to change any practice, policy, or rule of the District Board, nor to substitute his/her his judgment for that of the District Board as to the reasonableness of any such practice, policy, rule or any action taken by the DistrictBoard except where there is a possible violation of a section of this Agreement. His/her power His powers shall be limited to deciding whether the District Board has violated the expressed express articles or sections of this the Agreement; , and he/she shall not imply obligations and conditions binding upon the District from Board other than that which is specifically included in this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the DistrictBoard except as it pertains to the terms and conditions of employment which shall be negotiated as part of the Agreement before implementation. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide5. In rendering a decisiondecisions, an arbitrator shall give due regard to the responsibility and rights of management the Board and employee(s) and shall so construe the Agreement such that there will be no interference with such responsibilities, responsibilities and rights except as they may be specifically conditioned by this Agreement. f. 6. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall determine have to decide if the arbitrability of said disputegrievance is arbitrable. In the event that a case is appealed to an arbitrator in which he has no power to rule, except that either party reserves it shall be referred to the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before parties without decision or after arbitrationrecommendation on its merits. g. 7. There shall be no appeal from an arbitrator’s 's decision if it is within the scope of his/her authority as set forth above. It shall be final and binding on upon the Association, its members, the employee or employees involved involved, and the DistrictBoard. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.