Common use of Powers of the Arbitrator Clause in Contracts

Powers of the Arbitrator. 19.6.1 The arbitrator shall have the following powers: (a) To adjudicate all differences between the Parties, including the question of arbitrability of an issue, and the power to determine all questions of fact and law that arise; (b) All the powers of an arbitrator as set out in ss. 48 (12) and (13) of the Ontario (c) To mediate the issue between the Parties at any stage in the proceedings with the consent of the Parties. If mediation is not successful, the arbitrator retains the power to determine the issue by arbitration; (d) To admit, in the interest of a fair and expeditious hearing, only evidence that is relevant, and any objection to relevance must be determined by ruling; (e) To admit evidence that would not be admissible in a court of law only if the arbitrator determines that the evidence is relevant, reliable and its probative value outweighs any prejudice its admission might produce; (f) To determine the rules of procedure, which shall be just and equitable and intended to provide a fair and expeditious hearing; (g) To determine at the commencement of the Step 2 arbitration a disputed claim of confidentiality made under Article 19.4.5; (h) To grant such interim orders, including interim relief, as the arbitrator considers appropriate, except for interim reinstatement; (i) To make such orders or give such directions as the arbitrator considers appropriate to expedite the proceedings or to prevent the abuse of the arbitration process; and (j) Where the arbitrator determines that a Member has been dismissed or disciplined for cause but the Agreement does not contain a specific penalty for the infraction that is the subject matter of the grievance, to substitute such other penalty that seems just and reasonable in all the circumstances.

Powers of the Arbitrator. 19.6.1 15.9.1 The arbitrator shall have the following powers: (a) To to adjudicate all differences between the Parties, including the question of arbitrability of an issue, and the power to determine all questions of fact and or law that arise; (b) All all the powers of an arbitrator as set out in ss. 48 (1248(12) and (13) of the OntarioOntario Labour Relations Act, as they existed on June 1, 1996; (c) To to mediate the issue between the Parties at any stage in the proceedings with the consent of the Parties. If mediation is not successful, the arbitrator retains the power to determine the issue by arbitration; (d) To to admit, in the interest of a fair and expeditious hearing, only evidence that is relevant, relevant and any objection to relevance must be determined by ruling; (e) To to admit evidence that would not be admissible in a court of law but only if the arbitrator determines that the evidence is relevant, reliable and its probative value outweighs any prejudice which its admission might produce; (f) To to determine the rules of procedure, procedure which shall be just and equitable equitable, and intended to provide a fair and expeditious hearing; (g) To to determine at the commencement of the Step 2 arbitration a disputed claim of confidentiality made under Article 19.4.515.4.2 (b); (h) To to grant such interim orders, including interim relief, as the arbitrator considers appropriate, appropriate except for interim reinstatementre-instatement; (i) To to make such orders or give such directions in proceedings as the arbitrator considers appropriate to expedite the proceedings or to prevent the abuse of the arbitration process; and (j) Where where the arbitrator determines that a Member has been dismissed or disciplined for cause but the Agreement does not contain a specific penalty for the infraction that is the subject matter of the grievance, to substitute such other penalty that seems just and reasonable in all the circumstances.

Powers of the Arbitrator. 19.6.1 17.6.1 The arbitrator shall have the following powers: (a) To adjudicate all differences between the Parties, including the question of arbitrability of an issue, and the power to determine all questions of fact and law that arise; (b) All the powers of an arbitrator as set out in ss. 48 (12) and (13) of the OntarioLabour Relations Xxx, 0000, S.O 1995, c.1 Sched A, as amended; (c) To mediate the issue between the Parties at any stage in the proceedings with the consent of the Parties. If mediation is not successful, the arbitrator retains the power to determine the issue by arbitration; (d) To admit, in the interest of a fair and expeditious hearing, only evidence that is relevant, and to rule on any objection to relevance must be determined by rulingrelevance; (e) To admit evidence that would not be admissible in a court of law but only if the arbitrator determines that the evidence is relevant, reliable and its probative value outweighs any prejudice which its admission might produce; (f) To determine the rules of procedure, which shall be just and equitable and intended to provide a fair and expeditious hearing; (g) To determine determine, at the commencement of the Step 2 arbitration arbitration, a disputed claim of confidentiality made under Article 19.4.517.4.3; (h) To grant such interim ordersorders (except for interim reinstatement), including interim relief, as the arbitrator considers appropriate, except for interim reinstatement; (iI) To make such orders or give such directions in proceedings as the arbitrator considers appropriate to expedite the proceedings or to prevent the abuse of the arbitration process; and (j) Where W here the arbitrator determines that a Member has been dismissed or disciplined for cause but the Agreement does not contain a specific penalty for the infraction that is the subject matter of the grievance, to substitute such other penalty that seems just and reasonable in all the circumstances.

Powers of the Arbitrator. 19.6.1 15.9.1 The arbitrator shall have the following powers: (a) To to adjudicate all differences between the Partiesparties, including the question of arbitrability of an issue, and the power to determine all questions of fact and or law that arise; (b) All all the powers of an arbitrator as set out in ss. 48 (1248(12) and (13) of the OntarioOntario Labour Relations Act, as they existed on June 1, 1996; (c) To to mediate the issue between the Parties parties at any stage in the proceedings with the consent of the Partiesparties. If mediation is not successful, the arbitrator retains the power to determine the issue by arbitration; (d) To to admit, in the interest of a fair and expeditious hearing, only evidence that is relevant, relevant and any objection to relevance must be determined by ruling; (e) To to admit evidence that would not be admissible in a court of law but only if the arbitrator determines that the evidence is relevant, reliable and its probative value outweighs any prejudice which its admission might produce; (f) To to determine the rules of procedure, procedure which shall be just and equitable equitable, and intended to provide a fair and expeditious hearing; (g) To to determine at the commencement of the Step 2 arbitration a disputed claim of confidentiality made under Article 19.4.5;15.4.2. (h) To to grant such interim orders, including interim relief, as the arbitrator considers appropriate, appropriate except for interim reinstatementre-instatement; (i) To to make such orders or give such directions in proceedings as the arbitrator considers appropriate to expedite the proceedings or to prevent the abuse of the arbitration process; and (j) Where where the arbitrator determines that a Member has been dismissed or disciplined for cause but the Agreement does not contain a specific penalty for the infraction that is the subject matter of the grievance, to substitute such other penalty that seems just and reasonable in all the circumstances.