Common use of Powers of the Arbitrator Clause in Contracts

Powers of the Arbitrator. It shall be the function of the arbitrator and he shall be so empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles of this Agreement. (a) He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He shall have no power to change any practice, policy, or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His powers shall be limited to deciding whether the Board has violated the express article or sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the authority 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 he/she shall be so empowered, except as his 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 of this Agreement. (a) He 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) He b. The arbitrator shall have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalary. (c) He c. The arbitrator shall have no power to rule on any of the discipline following: i. The termination of services of or discharge of failure to re-employ any employee or matters involving prohibited bargaining subjectsprobationary 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 (d) He 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 Board of Education, District nor to substitute his his/her judgment for that of the Board District as to the reasonableness of any such practice, policy, rule or any action of taken by the Board. (e) His powers District. His/her power shall be limited to deciding whether the Board District has violated the express article 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 BoardDistrict. (f) 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 decisionsa 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. Decisions of the Arbitrator will It shall be final and binding upon both partieson the Association, its members, the employee or employees involved and the District. (g) In h. The fees and expenses of the event that a case is appealed to an Arbitrator on which he has no power to rule, it arbitrator shall be referred back to shared equally by the parties without decision or recommendation on its meritsAssociation and the District. (h) The impartial Arbitrator shall have the authority to order full, partial, or no compensation for time lost subject to items (a) through (g) of this Section.

Powers of the Arbitrator. It a. The arbitrator shall be the function of the arbitrator and he shall be so empowered, except as his 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 of this Agreement. (a1) He The arbitrator shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b2) He The arbitrator shall have no power to establish wage rates or to salary scales, change any ratesalary figures in the Agreement, except as modified by Subsection (e) of or increase or change any staffing requirements set forth in this SectionAgreement. (c3) He The arbitrator shall have no power to rule on the discipline following: the termination of services of, or discharge of failure to re-employ, any employee or matters involving prohibited bargaining subjectsprobationary secretary. 4) The arbitrator’s power shall be limited to deciding whether the District has violated the specific Article or Section of this Agreement as per Article V. It is agreed (dexcept as to the provisions set forth in this Agreement) He she/he shall have no power to change any practice, policy, or rule of the Board of EducationDistrict. 5) The arbitrator shall have power to make monetary awards, nor but not to substitute his judgment for that award monetary damages. 6) In rendering decisions the arbitrator shall give full recognition to the responsibilities of the Board which establishes the District's rights, powers and authority as to the reasonableness of any such practice, policy, rule that exercised or any action of the Board. (e) His powers shall be limited to deciding whether the Board has violated the held by it by express article or sections provisions of this Agreement. The arbitrator’s decision shall be consistent with the rights reserved to the District by this provision. 7) If the arbitrability of any grievance under the terms of this Agreement is disputed, it being understood or if either party alleges that any matter not specifically set forth herein remains within the reserved rights other has failed to comply with the grievance or arbitration procedure, the Arbitrator shall first rule on the question of the Board. (f) In rendering decisions, an arbitrator shall give due regard to arbitrability or procedure. Should she/he determine that 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case grievance is appealed to an Arbitrator on which he has no power to rule, not arbitrable it shall be referred back to the parties without decision or recommendation on as to its merits. (h) The impartial Arbitrator b. Although the arbitrator may cite case law in making an award, the arbitrator shall have the authority no power to order fullinterpret state and/or federal law, partial, to hear any matter involving constitutional rights or no compensation for time lost subject to items (a) through (g) render any provisions of this SectionAgreement inapplicable by reason thereof. c. The arbitrator's decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issue submitted to arbitration. d. There shall be no appeal from an arbitrator's decision if within the scope of their authority as set forth herein, and it shall be final and binding on the Association, members of the bargaining unit, the secretary or secretaries involved, and the District.

Powers of the Arbitrator. It shall be the function of the arbitrator Arbitrator and he he/she shall be so empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles terms of this Agreement. (a) He He/she shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He He/she shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He He/she shall have no power to rule on the discipline termination of service or discharge of failure to re-employ any employee or matters involving prohibited bargaining subjectsprobationary employee. (d) He He/she shall have no power to change any practice, policy, policy or rule of the Board of Education, nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His His/her powers shall be limited to deciding whether the Board has violated the express article Article or sections Sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon on both parties. (g) In the event that a case is appealed to an Arbitrator on which he he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the authority to order full, partial, or no compensation for time lost subject to items (a) through (g) of 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 party requesting the postponement will pay any and all Arbitrator charges caused by the postponement. k) The 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 must be rendered in writing within thirty [30] calendar days of the closing of the hearing.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he they shall be so empowered, except as his their powers are as limited below, after due investigation, to make a decision recommendation in cases of alleged violation of the specific Articles articles and sections of this Agreement. (a) He The arbitrator shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He The arbitrator shall have no power to establish new wage rates scales or to change any rate, except as modified by Subsection (e) of wage established in this Sectioncontract. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He The arbitrator shall have no power to change any practice, policy, or rule of the Board Board, except as these practices, policies, or rules are in violation of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His this contract. The arbitrator powers shall be limited to deciding whether the Board has violated the express article violated, misinterpreted, or misapplied articles or sections of this agreement, and the arbitrator shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved and legal rights of the Board. (fd) In rendering decisionsShould either party dispute the arbitrability of any grievance under the terms of this agreement, an the arbitrator shall give due regard to first rule on the responsibility of management and shall so construe question or arbitrability. Should it be determined that the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case matter is appealed to an Arbitrator on which he has no power to rulenot arbitrable, it shall be referred back to the parties without decision or recommendation on its merits. (he) The impartial Arbitrator fees and expenses of the arbitrator shall have be shared equally by the authority to order full, partial, or no compensation Board and the Union. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for time lost subject to items (a) through (g) the expenses of this Sectionwitnesses called by the other.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and s/he shall be so empowered, except as his 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 of this Agreement. (a) He S/he shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He S/he shall have no power to establish wage rates scales or to change any rate, except as modified by Subsection (e) wage but may place a teacher on the correct step/track or correct the calculation of this Sectionthe salary. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He S/he shall have no power to change any practice, policy, or rule of the Board of EducationBoard. (d) Neither party shall be permitted to assert in such arbitration proceeding any new issues not previously raised or disclosed during the previous grievance steps. There shall be no appeal from an arbitrator's decision. It shall be final and binding on the Association, nor to substitute his judgment for that its members, the teacher or teachers involved, and the Board, except where permitted by law. The fees and expenses of the arbitrator shall be shared equally by the Board as and the OPEA. 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 reasonableness expiration of any such practicethis 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, policyas well as the Association's Equity Chairperson, rule in person, through intra-district mail, or any action 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) His powers Any conference which is held under the grievance procedure shall be limited conducted at any mutually agreed-to deciding whether 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 has violated the express article or sections at any site of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Boardmutual agreement. (f) In rendering decisions, an arbitrator Each conference conducted under the grievance procedure shall give due regard 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 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. Decisions attempted resolution of the Arbitrator will be final and binding upon both partiesgrievance. (g) In Failure to file the event that a case 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 appealed to an Arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its meritswaived. (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 impartial Arbitrator filing of a grievance shall have in no way interfere with the authority rights of the Board to order fullproceed in carrying out its management responsibilities, partialsubject 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 no compensation 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 time lost subject 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 items facilitate operation of procedures set forth herein. (ao) through (g) of this SectionOnly the OPEA shall submit a grievance to arbitration.

Powers of the Arbitrator. It shall be the function of the arbitrator Arbitrator and he he/she shall be so empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles terms of this Agreement. (a) He He/she shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He He/she shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He He/she shall have no power to rule on the discipline termination of service or discharge of failure to re-employ any employee or matters involving prohibited bargaining subjectsprobationary employee. (d) He He/she shall have no power to change any practice, policy, policy or rule of the Board of Education, nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His His/her powers shall be limited to deciding whether the Board has violated the express article Article or sections Sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon on both parties. (g) In the event that a case is appealed to an Arbitrator on which he he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the authority to order full, partial, or no compensation for time lost subject to items (a) through (g) of 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 party requesting the postponement will pay any and all Arbitrator charges caused by the postponement. k) The 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 must be rendered in writing within thirty [30] calendar days of the closing of the hearing.

Powers of the Arbitrator. It shall be the function of the arbitrator and he shall be so empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles of this Agreement. (a) He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He shall have no power to rule on the discipline termination of service or discharge failure to re- employ any probationary employee so long as the Michigan Teacher Tenure Act of any employee or matters involving prohibited bargaining subjects1965 is in effect. (d) He shall have no power to change any practice, policy, or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His powers shall be limited to deciding whether the Board has violated the express article or sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the authority 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 he/she shall be so empowered, except as his 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 of this Agreement. (a) He a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He b. The arbitrator shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Sectionsalary scales. (c) He c. The arbitrator shall have no power to rule on any of the discipline or discharge following: 1) The termination of services of any employee or matters involving prohibited bargaining subjectsprobationary employee. (d2) He Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. 3) Any matter involving the content of an evaluation, unless it is a claim of failure to follow contract procedures. d. The arbitrator shall have no power to change any practice, policy, policy or rule of the Board of EducationEmployer, nor to substitute his his/her judgment for that of the Board Employer as to the reasonableness of any such practice, policy, rule or any action of taken by the Board. (e) His powers Employer. The arbitrator’s power shall be limited to deciding whether the Board Employer has violated the express article expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the BoardEmployer. (f) e. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the Employer to decide. In rendering decisionsa 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. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. Decisions of the Arbitrator will It shall be final and binding upon both partieson the Union, its members, the employee or employees involved and the Employer. (g) In g. The fees and expenses of the event that a case is appealed to an Arbitrator on which he has no power to rule, it arbitrator shall be referred back to shared equally by the parties without decision or recommendation on its meritsUnion and the Employer. (h) The impartial Arbitrator shall have the authority 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 and he he/she shall be so empowered, except as his 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 of this Agreement. (a) He He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He He/she shall have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalary. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He He/she shall have no power to change any practice, policy, or rule rules of the Board of EducationBoard, nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule rule, or any action of taken by the Board. (e) His . His/her powers shall be limited to deciding whether the Board has violated the express article articles or sections of this Agreement, and he/she shall not imply obligations and conditions binding upon the Board from this Agreement, it being expressly understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (fd) 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 question, which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, 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 agreement. (f) If either party disputes the arbitrability of any grievance under the terms of this Agreement. Decisions , the arbitrator shall rule, in writing upon arbitrability before proceeding to the merits of the Arbitrator will be final and binding upon both partiescase. (g) In The fees and expenses of the event that a case is appealed to an Arbitrator on which he has no power to rule, it arbitrator shall be referred back to paid by the parties without decision Board, or recommendation on its meritsBIO, 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 impartial Arbitrator 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 arbitrator 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 authority to order full, partial, or no compensation arbitrator for time lost subject to items a retroactive wage adjustment shall be valid beyond twenty (a20) through (g) days preceding the date of this Sectionthe written grievance.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he he/she shall be so empowered, except as his 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 of this Agreement. (a) He 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) He b. The arbitrator shall have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalary. (c) He c. The arbitrator shall have no power to rule on any of the discipline following: 1. The termination of services of or discharge of failure to re­employ any employee or matters involving prohibited bargaining subjectsprobationary teacher. 2. The failure to reemploy any teacher to a position on the extra­curricular schedule. 3. 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 (d) He Act IV of Public Acts, extra session, of 1937 of Michigan, as amended). 4. Any matter involving the evaluation of a 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 Board of Education, District nor to substitute his his/her judgment for that of the Board District as to the reasonableness of any such practice, policy, rule or any action of taken by the Board. (e) His powers District. His/her power shall be limited to deciding whether the Board District has violated the express article 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 BoardDistrict. (f) 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 decisionsa 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. Decisions of the Arbitrator will It shall be final and binding upon both partieson the Association, its members, the employee or employees involved and the District. (g) In h. The fees and expenses of the event that a case is appealed to an Arbitrator on which he has no power to rule, it arbitrator shall be referred back to shared equally by the parties without decision or recommendation on its meritsAssociation and the District. (h) The impartial Arbitrator shall have the authority 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 and he shall be so empoweredarbitrator, except empowered as his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles articles and sections of this Agreement. (a) He 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) He b. The Arbitrator shall have no power to establish wage rates salary structures or to change any rate, except as modified by Subsection (e) of this Sectionsalary. (c) He c. The Arbitrator shall have no power to rule on any of the discipline following: 1. The termination of services of, or discharge of failure to reemploy, any employee or matters involving prohibited bargaining subjectsprobationary employee. (d) He 2. Any matter involving employee evaluation. d. The Arbitrator shall have no power to change any practice, policy, or rule of the Board of Education, nor to substitute his the Arbitrator’s judgment for that of the Board as to the reasonableness of any such practice, policypolicy rule, rule or any action of by the Board. (e) His powers e. The Arbitrator shall be limited have no power to deciding whether the Board has violated the express article or sections of decide any question which, under this Agreement, it being understood that any matter not specifically set forth herein remains is within the reserved rights responsibility of the Board. (f) Board to decide. In rendering decisions, 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, responsibilities except as they may be specifically conditioned by this Agreement. Decisions . f. If either party disrupts the arbitrability of any grievance under the terms of this Agreement, the Arbitrator will be final and binding upon both parties. (g) shall have no jurisdiction to act until the matter has been determined by a court of competent jurisdiction. In the event that a case is appealed to an Arbitrator on which he the Arbitrator has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) g. The impartial fees and expenses of the Arbitrator shall be shared equally by the District and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. h. All claims for back wages, as a result of a grievance, shall be limited to the amount of wages that the employee would otherwise have earned, less any unemployment or other compensation that the authority employee may have received from any source during the period of back pay. i. If the claim is upheld, and it is determined that the employee owes unemployment compensation, the Employer will be required to order full, partial, or no compensation for time lost subject pay the unemployment withheld from the back wages to items (a) through (g) the Employment Security Department. No decision in any case shall require a retroactive wage adjustment in any other case. j. The fact that the grievance has been considered by the parties in the preceding steps of the grievance shall not constitute a waiver of jurisdictional limitations upon the Arbitrator in this SectionAgreement.

Powers of the Arbitrator. It shall will be the function of the arbitrator arbitrator, and he shall he/she will be so empowered, empowered except as his 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) He shall A. He/she will have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He shall B. He/she will have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalary unless it is found that a teacher has been improperly placed on the existing salary schedule. (c) He shall C. He/she will have no power to rule on any of the discipline following: 1. the termination of services of or discharge failure to re-employ any probationary teacher during his/her first three years of teaching; 2. the termination of services or failure to re-employ any employee or matters involving prohibited bargaining subjectsteacher to a position on the co- curricular schedule. (d) He shall have no power D. He/she is not empowered to change any practice, policy, or rule of the Board that is not in violation of Education, nor to this Agreement. He/she will not substitute his his/her judgment for that of the Board Board's judgment as to the reasonableness of any such Board practice, policy, rule rule, or any action of the Board. (e) His powers shall be actions. His/her power is limited to deciding whether the Board has violated the express article any term or sections condition of this agreement. The existence of a Board practice, policy, rule or actions does not absolve the Board from its obligations provided by this Agreement. He/she will not imply obligations, it and conditions binding upon the Board not found in this Agreement. It being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) E. In the event that a case is appealed to an Arbitrator arbitrator on which he he/she has no power to rule, it shall will be referred back to the parties without decision or recommendation on its merits. F. There will be no appeal from an arbitrator's decision if the decision is based on this Agreement. It will be binding on the Association, the teacher or teachers involved and the Board. G. The fees and expenses of the arbitrator will be shared equally by the Board and the Association. 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 (h40) 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 impartial Arbitrator 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 order full, partial, decide any matter regarding discipline or no compensation for time lost subject dismissal of a teacher where an appeal has been filed pursuant to items (a) through (g) the Michigan Teachers' Tenure Act and the Tenure Commission has assumed jurisdiction of this Sectionthe matter.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he he/she shall be so empowered, except as his 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 of this Agreement. (a) He a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He b. The arbitrator shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Sectionsalary scales. (c) He c. The arbitrator shall have no power to rule on any of the discipline or discharge following: 1) The termination of services of any employee or matters involving prohibited bargaining subjectsprobationary employee. (d2) He Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. 3) Any matter involving the content of an evaluation, unless it is a claim of failure to follow contract procedures. d. The arbitrator shall have no power to change any practice, policy, policy or rule of the Board of Education, Employer nor to substitute his his/her judgment for that of the Board Employer as to the reasonableness of any such practice, policy, rule or any action of taken by the Board. (e) His powers Employer. The arbitrator’s power shall be limited to deciding whether the Board Employer has violated the express article expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the BoardEmployer. (f) e. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the Employer to decide. In rendering decisionsa 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. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. Decisions of the Arbitrator will It shall be final and binding upon both partieson the Union, its members, the employee or employees involved and the Employer. (g) In g. The fees and expenses of the event that a case is appealed to an Arbitrator on which he has no power to rule, it arbitrator shall be referred back to shared equally by the parties without decision or recommendation on its meritsUnion and the Employer. (h) The impartial Arbitrator shall have the authority 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 he/she shall be so empowered, except as his 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 of this Agreement. (a) He 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) He b. The arbitrator shall have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalary. (c) He c. The arbitrator shall have no power to rule on any of the discipline following: 1. The termination of services of or discharge of failure to re-employ any employee or matters involving prohibited bargaining subjectsprobationary teacher. 2. The failure to reemploy any teacher to a position on the extra-curricular schedule. 3. 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 (d) He Act IV of Public Acts, extra session, of 1937 of Michigan, as amended). 4. Any matter involving the teacher evaluation, unless it is a claim of failure to follow contract procedures. d. He/she shall have no power to change any practice, policy, or rule of the Board of Education, District nor to substitute his his/her judgment for that of the Board District as to the reasonableness of any such practice, policy, rule or any action of taken by the Board. (e) His powers District. His/her power shall be limited Holland Education Association Master Agreement 2005-2008 to deciding whether the Board District has violated the express article 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 BoardDistrict. (f) 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 decisionsa 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. Decisions of the Arbitrator will It shall be final and binding upon both partieson the Association, its members, the employee or employees involved and the District. (g) In h. The fees and expenses of the event that a case is appealed to an Arbitrator on which he has no power to rule, it arbitrator shall be referred back to shared equally by the parties without decision or recommendation on its meritsAssociation and the District. (h) The impartial Arbitrator shall have the authority 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 or she shall be so empowered, except as 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 Articles School District has violated express articles and sections of this Agreement. (a1) He or she shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b2) He shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He she shall have no power to rule on any of the discipline following: (a) The discipline, suspension, or discharge the termination of services of, or failure to re-employ, any employee probationary employee. (b) Employee evaluations by the principal or matters involving prohibited bargaining subjectssupervisor. (c) Any matter which, under this Agreement, is within the responsibility of the District to decide. (d) Any matter subject to the procedures specified in the Teacher Tenure Act (Act 4 of Public Acts, Extra Session of 1936 of Michigan, as amended). (e) The removal, assignment, reassignment, or failure to assign a teacher to anextracurricular activity. (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 Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness District not in violation of any such practice, policy, rule or any action express terms and conditions of the Boardthis Agreement. (e4) His powers He or she shall be limited have no power to deciding whether imply conditions or obligations upon the Board has violated School District other than as expressed within this Agreement or to decide questions within the express article or sections responsibility of management. (5) If either party disputes the arbitrability of any grievance under the terms of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, an arbitrator shall give due regard to first determine the responsibility question 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 Agreementarbitrability. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h6) The impartial Arbitrator There shall have be no appeal from an arbitrator's decision if within the scope of his/her authority to order fullas set forth above. It shall be final and binding upon the Association, partialits members, the employee or no compensation for time lost subject to items (a) through (g) of this Sectionemployees involved, and the board.

Powers of the Arbitrator. It shall be the function of the arbitrator Arbitrator, and he he/she shall be so empowered, except as his 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 and 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) He The Arbitrator shall have no power to add to, subtract from, disregardalter, alter or modify any of the terms of this Agreement of any of the functions or responsibilities of the parties to this Agreement. (b) He shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He The Arbitrator shall have no power to change any practice, policy, or rule of the Board of Education, Town nor to substitute his his/her judgment for that of the Board 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 Section of the Board. (e) His this Agreement. His/her powers shall be limited to deciding whether the Board Town has violated the express article or sections Article and Sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Town from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the BoardTown. (c) The Arbitrator shall have no power to substitute his/her discretion for the Town's discretion in cases where the Town is given discretion by this Agreement. (d) The Arbitrator shall only have the 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 act, prohibited by law or which is violative of the terms of this Agreement. (f) In rendering decisions, an arbitrator The 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator on which he has have no power to rulerule 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, it shall be referred back to both the parties without decision or recommendation on its merits. (h) The impartial Arbitrator Employer and the Union shall have the authority right to order fullcall any employee as a 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 less than forty- eight (48) hours in advance of the scheduled hearing date. At the close of the Hearing, partialthe Arbitrator shall afford the employer and the Union reasonable opportunity to furnish Briefs. The Arbitrator will render his/her decision within thirty (30) days from the date the hearing is closed or the date the parties submit their Briefs, or no compensation for time lost subject to items (a) through (g) of this Sectionwhichever date is later.

Powers of the Arbitrator. It shall will be the function of the arbitrator arbitrator, and he shall he/she will be so empowered, empowered except as his 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) He shall A. He/she will have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He shall B. He/she will have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalary unless it is found that a teacher has been improperly placed on the existing salary schedule. (c) He shall C. He/she will have no power to rule on the discipline following: 1. The termination of services or discharge of failure to re-employ any employee or matters involving prohibited bargaining subjectsteacher to a position on the co-curricular schedule. (d) He shall have no power D. He/she is not empowered to change any practice, policy, or rule of the Board that is not in violation of Education, nor to this Agreement. He/she will not substitute his his/her judgment for that of the Board Board's judgment as to the reasonableness of any such Board practice, policy, rule rule, or any action of the Board. (e) His powers shall be actions. His/her power is limited to deciding whether the Board has violated the express article any term or sections condition of this agreement. The existence of a Board practice, policy, rule or actions does not absolve the Board from its obligations provided by this Agreement. He/she will not imply obligations, it and conditions binding upon the Board not found in this Agreement. It being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) E. In the event that a case is appealed to an Arbitrator arbitrator on which he he/she has no power to rule, it shall will be referred back to the parties without decision or recommendation on its merits. F. There will be no appeal from an arbitrator's decision if the decision is based on this Agreement. It will be binding on the Association, the teacher or teachers involved and the Board. G. The fees and expenses of the arbitrator will be shared equally by the Board and the Association. 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 (h40) 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 impartial Arbitrator 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 order full, partial, decide any matter regarding discipline or no compensation for time lost subject dismissal of a teacher where an appeal has been filed pursuant to items (a) through (g) the Michigan Teachers' Tenure Act and the Tenure Commission has assumed jurisdiction of this Sectionthe matter.

Powers of the Arbitrator. It The arbitrator shall be the function of the arbitrator and he shall be so empowered, except as his 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 articles and sections of this Agreementagreement. (a1) He S/he shall have no power to add to, subtract from, disregarddiscard, alter alter, or modify any of the terms of this Agreementagreement. (b2) He S/he shall have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalaries. (c3) He S/he shall have no power to rule upon a termination of services or of a failure to re- employ a probationary employee, except for legal union activities, or to rule upon the placing of a probationary employee on the discipline or discharge an additional term of any employee or matters involving prohibited bargaining subjectsprobation not more than ninety (90) days. (d4) He shall have no His/her power to change any practice, policy, or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His powers shall be limited to deciding whether the Board city has violated the express article or expressed articles, sections of and work rules in this Agreement, agreement; s/he shall not imply obligations and conditions binding upon the city on this agreement; it being understood that any matter not specifically set forth herein remains remain within the reserved rights of the Boardcity. (f5) In rendering his/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 Agreement. Decisions of the Arbitrator will be final and binding upon both partiesagreement. (g6) If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall decide if the grievance is arbitrable. In the event that a case the arbitrator's decision is appealed to an Arbitrator on which that s/he has no power to rule, it rule the grievance shall be referred back to the parties without decision or of recommendation on its merits. (h7) There shall be no appeal from an arbitrator's decision if it is \vithin the scope of his/her authority as set forth. It shall be binding on the union, its members, the employee or employees involved, and the city. The impartial Arbitrator union shall have 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 authority to order fulldecision of the arbitrator, partial, or no compensation so long as the decision is carried out. (8) Fees and expenses of the arbitrator shall be shared equally by the parties. All other expenses shall be borne by the party incurring them; and neither party shall be responsible for time lost subject to items (a) through (g) the expenses of this Sectionwitnesses called by the other.

Powers of the Arbitrator. It shall be the function of the arbitrator and he he/she shall be so empowered, except as his 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 of this Agreement. (a) He He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He He/she shall have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalary. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He He/she shall have no power to change any practice, policy, or rule rules of the Board of EducationBoard, nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule rule, or any action of taken by the Board. (e) His . His/her powers shall be limited to deciding whether the Board has violated the express article articles or sections of this Agreement, and he/she shall not imply obligations and conditions binding upon the Board from this Agreement, it being expressly understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (fd) 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 question, which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, 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 agreement. (f) If either party disputes the arbitrability of any grievance under the terms of this Agreement. Decisions , the arbitrator shall rule, in writing, upon the arbitrability before proceeding to the merits of the Arbitrator will be final and binding upon both partiescase. (g) In The fees and expenses of the event that a case is appealed to an Arbitrator on which he has no power to rule, it arbitrator shall be referred back to paid by the parties without decision Board, or recommendation on its meritsBIO, 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 impartial Arbitrator 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 arbitrator 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 authority to order full, partial, or no compensation arbitrator for time lost subject to items a retroactive wage adjustment shall be valid beyond twenty (a20) through (g) days preceding the date of this Sectionthe written grievance.

Powers of the Arbitrator. It shall be the function of the arbitrator and he he/she shall only be so empowered, except as his powers are limited below, after due investigation, empowered to make a decision in cases of alleged violation of the specific Articles articles and sections of this Agreement.agreement. His/her powers shall be limited by the following: (a) He 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) He b. 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 wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalary. (c) He d. He/she shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He shall have no power to change any practice, policy, or rule of the Board of Education, nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action taken by the Board unless any policy, practice or rule is in violation of the BoardAgreement. (e) His e. His/her powers shall be limited to deciding whether the Board has violated the express article articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) f. In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) g. In the event that a case is appealed to an Arbitrator arbitrator on which he he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator h. He/she shall have the authority no power to order full, partial, interpret State or no compensation for time lost subject to items (a) through (g) of this SectionFederal law.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he shall be so empowered, except as his powers are limited below, below after due investigation, to make a decision in cases of alleged violation of the specific Articles articles and sections of this the Agreement. (a) He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He shall have no power to establish wage rates salary scales or to change any ratesalary, except as modified by Subsection (e) unless in violation of this SectionAgreement. (c) He shall have no power to rule on any of the discipline following: (1) The termination of services of or discharge failure to reemploy any probationary teacher. (2) The placing of a non-tenure teacher on a third year probation. (3) The termination of services or failure to reemploy any employee teacher to a position on the extracurricular schedules. (4) Any claim or matters involving prohibited bargaining subjectscomplaint 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 Teachers Tenure Act (Act 4 of Public Acts, extra session, of 1947 of Michigan, as amended). (d) He shall have no power to change any practice, policy, policy or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action taken by the Board unless in violation of the Board. (e) this Agreement. His powers shall be limited to deciding whether the Board has violated the express article articles or sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) . He shall have no power to decide any question which, under under this Agreement, is within the responsibility of the Board to decide. In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the authority to order full, partial, or no compensation for time lost subject to items (a) through (g) of this Section.

Powers of the Arbitrator. 10 It shall be the function of the arbitrator and he he/she shall be so empowered, except as his his/her 11 powers are limited below, after due investigation, to make a decision in cases of alleged 12 violation of the specific Articles articles and sections of this Agreement. . 14 (a) He He/she shall have no power to add to, subtract from, disregard, alter or modify any 15 of the terms of this Agreement. . 17 (b) He He/she shall have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Section. salary. 19 (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He He/she shall have no power to change any practice, policy, or rule rules of the Board of EducationBoard, 20 nor to substitute his his/her judgment for that of the Board as to the reasonableness of 21 any such practice, policy, rule rule, or any action of taken by the Board. (e) His . His/her powers 22 shall be limited to deciding whether the Board has violated the express article articles or 23 sections of this Agreement, and he/she shall not imply obligations and conditions 24 binding upon the Board from this Agreement, it being expressly understood that any 25 matter not specifically set forth herein remains within the reserved rights of the 26 Board. . 28 (fd) 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 question, which, under this Agreement, is 32 within the responsibility of management to decide. In rendering decisions, 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 Agreement. Decisions of the Arbitrator will be final and binding upon both partiesagreement. (g) In the event that a case is appealed to an Arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the authority 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 and he he/she shall only be so empowered, except as his powers are limited below, after due investigation, empowered to make a decision in cases of alleged violation of the specific Articles articles and sections of this Agreement.agreement. His/her powers shall be limited by the following: (a) He 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) He b. 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 wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalary. (c) He d. He/she shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He shall have no power to change any practice, policy, or rule of the Board of Education, nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action taken by the Board unless any policy, practice or rule is in violation of the BoardAgreement. (e) His e. His/her powers shall be limited to deciding whether the Board has violated the express article articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) f. In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) g. In the event that a case is appealed to an Arbitrator arbitrator on which he he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator h. He/she shall have the authority no power to order full, partial, interpret State or no compensation for time lost subject to items (a) through (g) of this SectionFederal law.

Powers of the Arbitrator. A. It shall be the function of the arbitrator arbitrator, and he he/she shall be so empowered, except as his 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 of this Agreement. (a) He 1. He/she shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He 2. He/she shall have no power to establish wage rates salary schedules or to change any ratesalary, except as modified by Subsection in cases where his/her award has the effect of changing an MBU’s summative evaluation rating (e) of this Sectione.g., from “Needs Improvement” to “Effective”). (c) He 3. He/she shall have no power to rule on any of the discipline following except where there is a possible violation of a section of this Agreement. 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 discharge of failure to re-employ any employee or matters involving prohibited bargaining subjectsto a position on an extra duty assignment. (d) He d. Any matter involving an evaluation rendered on an employee. 4. He/she shall have no power to change any practice, policy, or rule of the Board of EducationBoard, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action taken by the Board except where there is a possible violation of the Board. (e) a section of this Agreement. His powers shall be limited to deciding whether the Board has violated the express article articles or sections of the Agreement, and he/she shall not imply obligations and conditions binding upon the 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 BoardBoard except as it pertains to the terms and conditions of employment which shall be negotiated as part of the Agreement before implementation. (f) 5. In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) 6. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall have to decide if the grievance is arbitrable. In the event that a case is appealed to an Arbitrator on arbitrator in which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator 7. There shall have be no appeal from an arbitrator's decision if it is within the scope of his/her authority to order fullas set forth above. It shall be binding upon the Association, partialits members, the employee or no compensation for time lost subject to items (a) through (g) of this Sectionemployees involved, and the Board.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he shall be so empowered, except as his powers are limited below, below after due investigation, to make a decision in cases of alleged violation of the specific Articles articles and sections of this the Agreement. (a) He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He shall have no power to establish wage rates salary scales or to change any ratesalary, except as modified by Subsection (e) unless in violation of this SectionAgreement. (c) He shall have no power to rule on any of the discipline following: (1) The termination of services of or discharge failure to reemploy any probationary teacher. (2) The placing of a non-tenure teacher on a third year probation. (3) The termination of services or failure to reemploy any employee teacher to a position on the extracurricular schedules. (4) Any claim or matters involving prohibited bargaining subjectscomplaint 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 Teachers Tenure Act (Act 4 of Public Acts, extra session, of 1947 of Michigan, as amended). (d) He shall have no power to change any practice, policy, policy or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action taken by the Board unless in violation of the Board. (e) this Agreement. His powers shall be limited to deciding whether the Board has violated the express article articles or sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (fe) He shall have no power to decide any question which, under this Agreement, is within the responsibility if the Board to decide. In rendering decisions, 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) There shall be no appeal from an arbitrator’s decision if within the scope of his authority as set forth above. Decisions of the Arbitrator will It shall be final and binding upon both partieson the Association, its members, the employee or employees involved, and the Board. 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. (g) In The fees and expenses of the event that a case is appealed to an Arbitrator on which he has no power to rule, it arbitrator shall be referred back to shared equally by the parties without decision or recommendation on its meritsBoard and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. (h) The impartial Arbitrator Any grievance occurring during the period between the termination date of the Agreement and the effective date of a new agreement shall have not be processed. Any grievance which arose prior to the authority to order full, partial, or no compensation for time lost subject to items (a) through (g) effective date of this SectionAgreement shall not be processed.

Powers of the Arbitrator. It shall be the function of the arbitrator and he he/she shall only be so empowered, except as his powers are limited below, after due investigation, empowered to make a decision in cases of alleged violation of the specific Articles articles and sections of this Agreement.. His/her powers shall be limited by the following: (a) He a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. b. Any award of wages made by the arbitrator based upon an alleged mis- computation of a paycheck shall be limited to ninety (b90) He 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 wage rates or to change any rate, except as modified by Subsection (e) of this Sectionsalary scales. (c) He d. He/she shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He shall have no power to change any practice, policy, or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action taken by the Board unless any policy, practice or rule is in violation of the BoardAgreement. (e) His e. His/her powers shall be limited to deciding whether the Board has violated the express article or articles and sections of this Agreement and the enforcement thereof. He/she shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) f. In the event that a case is appealed to an Arbitrator arbitrator on which he he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator g. He/she shall have no power to rule on State or Federal Law. h. He/she shall have no power to rule on probationary employee discharge. i. The arbitrator shall have no power to establish or change the provisions of insurance contracts and policies as defined by the carrier. His/her authority shall be limited to order full, partial, or no compensation for time lost subject to items (a) through (g) of deciding if the employer is providing the insurance coverage as specified by this Sectionagreement and enforcement thereof.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he or she shall be so empowered, except as 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 Articles School District has violated express articles and sections of this Agreement. (a1) He or she shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b2) He shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He she shall have no power to rule on any of the discipline following: (a) The discipline, suspension, or discharge the termination of services of, or failure to re-employ, any employee probationary employee. (b) Employee evaluations by the principal or matters involving prohibited bargaining subjectssupervisor. (c) Any matter which, under this Agreement, is within the responsibility of the District to decide. (d) Any matter subject to the procedures specified in the Teacher Tenure Act (Act 4 of Public Acts, Extra Session of 1936 of Michigan, as amended). (e) The removal, assignment, reassignment, or failure to assign a teacher to an extracurricular activity. (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 Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness District not in violation of any such practice, policy, rule or any action express terms and conditions of the Boardthis Agreement. (e4) His powers He or she shall be limited have no power to deciding whether imply conditions or obligations upon the Board has violated School District other than as expressed within this Agreement or to decide questions within the express article or sections responsibility of management. (5) If either party disputes the arbitrability of any grievance under the terms of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, an arbitrator shall give due regard to first determine the responsibility question 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 Agreementarbitrability. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h6) The impartial Arbitrator There shall have be no appeal from an arbitrator's decision if within the scope of his/her authority to order fullas set forth above. It shall be final and binding upon the Association, partialits members, the employee or no compensation for time lost subject to items (a) through (g) of this Sectionemployees involved, and the board.

Powers of the Arbitrator. It shall be the function of the arbitrator, and the arbitrator and he shall be so empowered, except as his the arbitrator’s powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles articles and sections of this the Agreement. (a) He a. The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He b. The Arbitrator shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Sectionsalary scales. (c) He c. The Arbitrator shall have no power to rule on any of the discipline following: 1. The termination of the services of, or discharge of failure to re-employ any employee or matters involving prohibited bargaining subjectsprobationary employee. (d) He shall have no power to change any 2. Any practice, policy, policy or rule of the Board of Education, nor Township or to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule policy or any action of the Boardrule. (e) His powers d. In discharge and discipline cases, the Arbitrator shall be limited have no power to deciding whether mitigate the Board has violated punishment but shall have only the express article or sections power to determine if discipline was warranted and, if so, the Arbitrator shall uphold the punishment determined by the employer. e. If either party disputes the arbitrability of any grievance under the terms of this Agreement, it being understood that any matter not specifically set forth herein remains within Agreement the reserved rights of the Board. (f) In rendering decisions, an arbitrator shall give due regard to decide if 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 Agreementgrievance is arbitrable. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case the Arbitrator determines the Arbitrator is appealed to an Arbitrator on which he has no without power to rulearbitrate the grievance, it shall be referred back to the parties without decision or recommendation on its merits. (h) . 4 The impartial decision of the Arbitrator shall have be final and binding if within the scope of the authority to order fullset forth above. It shall be binding upon the Union, partialits members, the employee or no compensation for time lost subject to items (a) through (g) of this Sectionemployees involved, and the Township.

Powers of the Arbitrator. It shall be the function of the arbitrator Arbitrator and he he/she shall be so empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles terms of this Agreement, and shall comply with the Michigan Uniform Arbitration Act, PA 371 of 2012. (a) He He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He He/she shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He He/she shall have no power to rule on the discipline termination of service or discharge of failure to reemploy any employee or matters involving prohibited bargaining subjectsprobationary employee. (d) He He/she shall have no power to change any practice, policy, policy or rule of the Board of Education, nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His His/her powers shall be limited to deciding whether the Board has violated the express article or sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both all parties. (g) In the event that a case is appealed to an Arbitrator on which he 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 arbitrability 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 party requesting the postponement will pay any and all Arbitrator charges caused by the postponement. j) The impartial 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 shall 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 must be rendered in writing within thirty (30) calendar days of the closing of the hearing. n) Both parties will give the other five (5) working days advance notice of who they intend to have the authority to order full, partial, or no compensation for time lost subject to items (a) through (g) of this Sectionas witnesses.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and s/he shall be so empowered, except as his 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 of this Agreement. (a) He S/he shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He S/he shall have no power to establish wage rates scales or to change any rate, except as modified by Subsection (e) wage but may place a teacher on the correct step/track or correct the calculation of this Sectionthe salary. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He S/he shall have no power to change any practice, policy, or rule of the Board of EducationBoard. (d) Neither party shall be permitted to assert in such arbitration proceeding any new issues not previously raised or disclosed during the previous grievance steps. There shall be no appeal from an arbitrator's decision. It shall be final and binding on the Association, nor to substitute his judgment for that its members, the teacher or teachers involved, and the Board, except where permitted by law. The fees and expenses of the arbitrator shall be shared equally by the Board as and the OPEA. 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 reasonableness expiration of any such practicethis 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, policyas well as the Association's Equity Chairperson, rule in person, through intra-district mail, or any action 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) His powers Any conference which is held under the grievance procedure shall be limited conducted at any mutually agreed-to deciding whether 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 has violated the express article or sections at any site of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Boardmutual agreement. (f) In rendering decisions, an arbitrator Each conference conducted under the grievance procedure shall give due regard 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 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. Decisions attempted resolution of the Arbitrator will be final and binding upon both partiesgrievance. (g) In Failure to file the event that a case 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 appealed to an Arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its meritswaived. (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 impartial Arbitrator filing of a grievance shall have in no way interfere with the authority rights of the Board to order fullproceed in carrying out its management responsibilities, partialsubject 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 no compensation 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 time lost subject 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 items facilitate operation of procedures set forth herein. (ao) through (g) of this SectionOnly the OPEA shall submit a grievance to arbitration.

Powers of the Arbitrator. It The arbitrator shall be the function of the arbitrator and he shall be so empowered, except as his 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 articles and sections of this Agreementagreement. (a1) He S/he shall have no power to add to, subtract from, disregarddiscard, alter alter, or modify any of the terms of this Agreementagreement. (b2) He S/he shall have no power to establish wage rates salary scales or to change any rate, except as modified by Subsection (e) of this Sectionsalaries. (c3) He S/he shall have no power to rule upon a termination of services or of a failure to re-employ a probationary employee, except for legal union activities, or to rule upon the placing of a probationary employee on the discipline or discharge an additional term of any employee or matters involving prohibited bargaining subjectsprobation not more than ninety-(90) days. (d4) He shall have no His/her power to change any practice, policy, or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His powers shall be limited to deciding whether the Board city has violated the express article or expressed articles, sections of and work rules in this Agreement, agreement; s/he shall not imply obligations and conditions binding upon the city on this agreement; it being understood that any matter not specifically set forth herein remains remain within the reserved rights of the Boardcity. (f5) In rendering his/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 Agreement. Decisions of the Arbitrator will be final and binding upon both partiesagreement. (g6) If either party disputes the arbitrability of any grievance under -the terms of this agreement, the arbitrator shall decide if the grievance is arbitrable. In the event that a case the arbitrator's decision is appealed to an Arbitrator on which that s/he has no power to rule, it rule the grievance shall be referred back to the parties without decision or of recommendation on its merits. (h7) There shall be no appeal from an arbitrator's decision -if it is within the scopeof his/her authority as set forth. It shall be binding on the union, its members, the employee or employees involved, and the city. The impartial Arbitrator union shall have 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 authority to order fulldecision of the arbitrator, partial, or no compensation so long as the decision is carried out. (8) Fees and expenses of the arbitrator shall be shared equally by the parties. All other expenses shall be borne by the party incurring them; and neither party shall be responsible for time lost subject to items (a) through (g) the expenses of this Sectionwitnesses called by the other.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he shall be so empowered, except as his powers are limited below, after due investigation, to make a decision recommendation in cases of alleged violation of the specific Articles articles and sections of this Agreement. (a) He shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He shall have no power to establish new wage rates scales or to change any rate, except as modified by Subsection (e) of wage established in this Sectioncontract. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He shall have no power to change any practice, policy, or rule of the Board Board, except as these practices, policies, or rules are in violation of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) this contract. His powers shall be limited to deciding deCiding whether the Board has violated the express article violated, misinter- preted, or misapplied articles or sections of this agreement, and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved and legal rights of the Board. (fd) In rendering decisionsShould either party dispute the arbitrability of any grievance under the terms of this agreement, an the arbitrator shall give due regard to first rule on the responsibility of management and shall so construe question or arbitrability. Should it be determined that the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case matter is appealed to an Arbitrator on which he has no power to rulenot arbitrable, it shall be referred back to the parties without decision or recommendation on its merits. (he) The impartial Arbitrator fees and expenses of the arbitrator shall have be shared equally by the authority Board and the Union. 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 order full, partial, abrogate or no compensation for time lost subject to items (a) through (g) of this Sectionlimit the rights guaranteed by existing statues.

Powers of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he or she shall be so empowered, except as 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 Articles School District has violated express articles and sections of this Agreement. (a1) He or she shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b2) He shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He she shall have no power to rule on any of the discipline following: a. The discipline, suspension, or discharge the termination of services of, or failure to re- employ, any probationary employee. b. Employee evaluations by the principal or supervisor. c. Any matter which, under this Agreement, is within the responsibility of the District to decide. d. Any matter subject to the procedures specified in the Teacher Tenure Act (Act 4 of Public Acts, Extra Session of 1936 of Michigan, as amended). e. The removal, assignment, reassignment, or failure to assign a teacher to an extracurricular activity. 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 or matters involving and/or Association may pursue whatever other legal remedies (excluding action prohibited bargaining subjectsin §25) which are available after pursuing the matter through Step Three above. (d3) 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 Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness District not in violation of any such practice, policy, rule or any action express terms and conditions of the Boardthis Agreement. (e4) His powers He or she shall be limited have no power to deciding whether imply conditions or obligations upon the Board has violated School District other than as expressed within this Agreement or to decide questions within the express article or sections responsibility of management. (5) If either party disputes the arbitrability of any grievance under the terms of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, an arbitrator shall give due regard to first determine the responsibility question 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 Agreementarbitrability. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h6) The impartial Arbitrator There shall have be no appeal from an arbitrator's decision if within the scope of his/her authority to order fullas set forth above. It shall be final and binding upon the Association, partialits members, the employee or no compensation for time lost subject to items (a) through (g) of this Sectionemployees involved, and the board.

Powers of the Arbitrator. A. It shall be the function of the arbitrator arbitrator, and he he/she shall be so empowered, except as his 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 of this Agreement. (a) He 1. He/she shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (b) He 2. He/she shall have no power to establish wage rates salary schedules or to change any ratesalary, except as modified by Subsection (e) of this Section.in cases where KLV KHU DZDUG KDV WKH HIIHFW RI FKDQJLQJ DQ 0%8¶V ,PSURYHPHQW´ . WR ³(IIHFWLYH´ (c) He 3. He/she shall have no power to rule on any of the discipline following except where there is a possible violation of a section of this Agreement. 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 discharge of failure to re-employ any employee or matters involving prohibited bargaining subjectsto a position on an extra duty assignment. (d) He d. Any matter involving an evaluation rendered on an employee. 4. He/she shall have no power to change any practice, policy, or rule of the Board of EducationBoard, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action taken by the Board except where there is a possible violation of the Board. (e) a section of this Agreement. His powers shall be limited to deciding whether the Board has violated the express article articles or sections of the Agreement, and he/she shall not imply obligations and conditions binding upon the 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 BoardBoard except as it pertains to the terms and conditions of employment which shall be negotiated as part of the Agreement before implementation. (f) 5. In rendering decisions, 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) 6. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall have to decide if the grievance is arbitrable. In the event that a case is appealed to an Arbitrator on arbitrator in which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator 7. There shall have be no appeal from an arbitrator's decision if it is within the scope of his/her authority to order fullas set forth above. It shall be binding upon the Association, partialits members, the employee or no compensation for time lost subject to items (a) through (g) of this Sectionemployees involved, and the Board.