Common use of Powers of the Arbitrator Clause in Contracts

Powers of the Arbitrator. It shall be the function of the Arbitrator, and s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific sections and subsections of this Agreement. a. S/he shall have no power to add to, subtract from, alter or modify any of the terms of this Agreement. b. S/he shall have no power to establish salary structures or change any salary, but may rule on the proper placement of persons on the established salary schedules. c. S/he shall have no power to rule on any of the following: (1) The termination of services of or failure to reemploy any probationary employee. (2) The placing of an employee on an additional year of probation. (3) Any matter involving the content of an employee evaluation. (4) Any provision of this Agreement which contains an express exclusion from the procedure. (5) Discipline of a probationary employee. (6) Any matter regarding a prohibited subject of bargaining. d. The Arbitrator shall have no power to change any practice, policy or rule of the Board. e. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. f. The Arbitrator’s fees shall be borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. g. When a party unilaterally initiates action to cancel or postpone an arbitration, the fees resulting from the cancellation or postponement will be borne solely by the party taking action to cancel or postpone.

Powers of the Arbitrator. It shall be the function of the Arbitrator, and s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific sections and subsections of this Agreement. a. S/he shall have no power to add to, subtract from, alter or modify any of the terms of this Agreement. b. S/he shall have no power to establish salary structures or change any salary, but may rule on the proper placement of persons on the established salary schedules. c. S/he shall have no power to rule on any of the following: (1) The termination of services of or failure to reemploy re employ any probationary employeeteacher. (2) The placing termination of an employee on an additional year services of probationor failure to re employ any probationary non-teaching professional staff member. (3) The termination of services or failure to re-employ any teacher to a position on the extracurricular schedule. (4) Any matter involving the content of an employee a teacher evaluation. (45) Any matter involving the content of a probationary non-teaching professional staff member evaluation. (6) Any provision of this Agreement which contains an express exclusion from the procedure. (57) Discipline of a probationary employeeteacher. (6) Any matter regarding 8) Discipline of a prohibited subject of bargainingprobationary non-teaching professional staff member. d. The Arbitrator shall have no power to change any practice, policy or rule of the Board. e. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. f. The Arbitrator’s fees shall be borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. g. When a party unilaterally initiates action to cancel or postpone an arbitration, the fees resulting from the cancellation or postponement will be borne solely by the party taking action to cancel or postpone.

Powers of the Arbitrator. It shall be the function of the Arbitrator, and s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific sections and subsections of this Agreement. a. S/he shall have no power to add to, subtract from, alter or modify any of the terms of this Agreement. b. S/he shall have no power to establish salary structures or change any salary, but may rule on the proper placement of persons on the established salary schedules. c. S/he shall have no power to rule on any of the following: (1) The termination of services of or failure to reemploy any probationary employeeteacher. (2) The placing termination of an employee on an additional year services of probationor failure to reemploy any probationary non-teaching professional staff member. (3) The termination of services or failure to re-employ any teacher to a position on the extracurricular schedule. (4) Any matter involving the content of an employee a teacher evaluation. (45) Any matter involving the content of a probationary non-teaching professional staff member evaluation. (6) Any provision of this Agreement which contains an express exclusion from the procedure. (57) Discipline of a probationary employeeteacher. (6) Any matter regarding 8) Discipline of a prohibited subject of bargainingprobationary non-teaching professional staff member. d. The Arbitrator shall have no power to change any practice, policy or rule of the Board. e. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. f. The Arbitrator’s fees shall be borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. g. When a party unilaterally initiates action to cancel or postpone an arbitration, the fees resulting from the cancellation or postponement will be borne solely by the party taking action to cancel or postpone.

Powers of the Arbitrator. It shall be the function of the Arbitrator, and s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific sections and subsections of this Agreement. a. S/he shall have no power to add to, subtract from, alter or modify any of the terms of this Agreement. b. S/he shall have no power to establish salary structures or change any salary, but may rule on the proper placement of persons on the established salary schedules. c. S/he shall have no power to rule on any of the following: (1) The termination of services of or failure to reemploy re-employ any probationary employee. (2) The placing of an employee on an additional year of probation. (3) Any matter involving the content of an employee evaluation. (4) Any provision of this Agreement which contains an express exclusion from the procedure. (5) Discipline of a probationary employee. (6) Any matter regarding a prohibited subject of bargaining. d. The Arbitrator shall have no power to change any practice, policy or rule of the Board. e. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. f. The Arbitrator’s fees shall be borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. g. When a party unilaterally initiates action to cancel or postpone an arbitration, the fees resulting from the cancellation or postponement will be borne solely by the party taking action to cancel or postpone.

Powers of the Arbitrator. It shall be the function of the Arbitrator, and s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific sections and subsections of this Agreement. a. S/he shall have no power to add to, subtract from, alter or modify any of the terms of this Agreement. b. S/he shall have no power to establish salary structures or change any salary, but may rule on the proper placement of persons on the established salary schedules. c. S/he shall have no power to rule on any of the following: (1) The termination of services of or failure to reemploy re‑employ any probationary employeeteacher. (2) The placing termination of an employee services or failure to re‑employ any teacher to a position on an additional year of probationthe extracurricular schedule. (3) Any matter involving the content of an employee evaluationa teacher evaluation except in cases of tenure teacher demotion or discharge in which case tenure teacher evaluations shall not be excluded from Arbitration. (4) Any provision of this Agreement which contains an express exclusion from the procedure. (5) Discipline of a probationary employee. (6) Any matter regarding a prohibited subject of bargainingteacher. d. The Arbitrator shall have no power to change any practice, policy or rule of the Board. e. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. f. The Arbitrator’s fees shall be borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible respon‑ sible for the expenses of witnesses called by the other. g. When a party unilaterally initiates action to cancel or postpone an arbitrationarbitra‑ tion, the fees resulting from the cancellation or postponement will be borne solely by the party taking action to cancel or postpone.

Powers of the Arbitrator. It shall be the function of the Arbitrator, and s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific sections and subsections of this Agreement. a. S/he shall have no power to add to, subtract from, alter or modify any of the terms of this Agreement. b. S/he shall have no power to establish salary structures or change any salary, but may rule on the proper placement of persons on the established salary schedules. c. S/he shall have no power to rule on any of the following: (1) The termination of services of or failure to reemploy re-employ any probationary employee. (2) The placing of an employee on an additional year of probation. (3) Any matter involving the content of an employee evaluation. (4) Any provision of this Agreement which contains an express exclusion from the procedure. (5) Discipline of a probationary employee. (6) Any matter regarding a prohibited subject of bargaining. d. The Arbitrator shall have no power to change any practice, policy or rule of the Board. e. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. f. The Arbitrator’s 's fees shall be borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. g. When a party unilaterally initiates action to cancel or postpone an arbitrationarbitra- tion, the fees resulting from the cancellation or postponement will be borne solely by the party taking action to cancel or postpone.

Powers of the Arbitrator. It shall be the function of the Arbitrator, and s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific sections and subsections of this Agreement. a. S/he shall have no power to add to, subtract from, alter or modify any of the terms of this Agreement. b. S/he shall have no power to establish salary structures or change any salary, but may rule on the proper placement of persons on the established salary schedules. c. S/he shall have no power to rule on any of the following: (1) The termination of services of or failure to reemploy re-employ any probationary employeeteacher. (2) The placing termination of an employee services or failure to re-employ any teacher to a position on an additional year of probationthe extracurricular schedule. (3) Any matter involving the content of an employee evaluationa teacher evaluation except in cases of tenure teacher demotion or discharge in which case tenure teacher evaluations shall not be excluded from Arbitration. (4) Any provision of this Agreement which contains an express exclusion from the procedure. (5) Discipline of a probationary employee. (6) Any matter regarding a prohibited subject of bargainingteacher. d. The Arbitrator shall have no power to change any practice, policy or rule of the Board. e. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. f. The Arbitrator’s 's fees shall be borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. g. When a party unilaterally initiates action to cancel or postpone an arbitrationarbitra- tion, the fees resulting from the cancellation or postponement will be borne solely by the party taking action to cancel or postpone.

Powers of the Arbitrator. It shall be the function of the Arbitrator, and s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific sections and subsections of this Agreement. a. S/he shall have no power to add to, subtract from, alter or modify any of the terms of this Agreement. b. S/he shall have no power to establish salary structures or change any salary, but may rule on the proper placement of persons on the established salary schedules. c. S/he shall have no power to rule on any of the following: (1) The termination of services of or failure to reemploy re-employ any probationary employee. (2) The placing of an employee on an additional year of probation. (3) Any matter involving the content of an employee evaluation. (4) Any provision of this Agreement which contains an express exclusion from the procedure. (5) Discipline of a probationary employee. (6) Any matter regarding a prohibited subject of bargaining. d. The Arbitrator shall have no power to change any practice, policy or rule of the Board. e. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. f. The Arbitrator’s 's fees shall be borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible respon- sible for the expenses of witnesses called by the other. g. When a party unilaterally initiates action to cancel or postpone an arbitration, the fees resulting from the cancellation or postponement will be borne solely by the party taking action to cancel or postpone.

Powers of the Arbitrator. It shall be the function of the Arbitratorarbitrator, and s/he shall be empowered empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections and subsections of this Agreement. a. (a) S/he shall have no power to add to, subtract from, alter disregard, alter, or modify any of the terms of this Agreement. The arbitrator shall have no authority to issue a decision on the merits of a prohibited or illegal subject of bargaining. b. (b) S/he shall have no power to establish salary structures wage scales or change any salary, wage but may rule place a teacher on the proper placement correct step/track or correct the calculation of persons on the established salary schedulessalary. c. (c) S/he shall have no power to rule on any of the following: (1) The termination of services of or failure to reemploy any probationary employee. (2) The placing of an employee on an additional year of probation. (3) Any matter involving the content of an employee evaluation. (4) Any provision of this Agreement which contains an express exclusion from the procedure. (5) Discipline of a probationary employee. (6) Any matter regarding a prohibited subject of bargaining. d. The Arbitrator shall have no power to change any practice, policy policy, or rule of the Board. e. Both parties agree to (d) The arbitrator’s decision shall comply with Michigan Uniform Arbitration Act, MCL 691.1681 et seq. (e) There shall be bound no appeal from an arbitrator's decision. It shall be final and binding on the Association, its members, the teacher or teachers involved, and the Board, except where permitted by the award law. (f) The fees and expenses of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. f. The Arbitrator’s fees arbitrator shall be borne shared equally by the partiesBoard and the OPEA. All other expenses shall be borne by the party parties incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. g. When (a) Any grievance occurring during the period between the termination date of this Agreement and the effective date of a new Agreement shall not be processed. Grievances which have not been resolved prior to the expiration of this Agreement shall continue to be processed according to the terms of this Agreement until resolved. (b) All responses to a grievance by the Superintendent or designee shall be communicated in writing and either delivered to the teacher, as well as the Association's Equity Chairperson, in person, through intra-district mail, or by U.S. Postal Service to his/her home address, and the Association's Executive Director shall be sent a copy of those responses to 00000 Xxxx 00 xxxx Xx., Suite 000, Xxxxxxx Xxxxxxx, XX. 48-76 (c) All appeals of a grievance to the Superintendent or designee shall be communicated by U.S. Postal Service at the official address of the Board, 00000 Xxxxxxx, Xxx Xxxx, Xxxxxxxx 00000. (d) During any conference between a teacher and principal and/or administrator pertaining to a grievance, the teacher may request that the conference be terminated and be reconvened with an Association official in attendance. (e) Any conference which is held under the grievance procedure shall be conducted at any mutually agreed-to time, which includes the teacher's lunch period or other times when not scheduled to be with students. In the event that a conference or hearing under the grievance procedure is held during school hours, each teacher who is a party unilaterally initiates action or witness shall be excused from his/her regular duties with pay to cancel attend such a conference or postpone an arbitrationhearing. The conference or hearings at Steps One and Two shall be held at any building operated by the Board or at any site of mutual agreement. (f) Each conference conducted under the grievance procedure shall be conducted as a private conference and attendance at such a conference shall be restricted to those persons requested by either party to participate in the attempted resolution of the grievance. (g) Failure to file the grievance in writing as specified in Steps One and Two or to forward as specified in Steps One and Two and Three shall mean the grievance is waived. (h) Failure to communicate a response on a grievance within the specified time limits shall entitle the aggrieved party to proceed to the next step. (i) If the employee elects to be represented, s/he may be present at any level of the fees resulting grievance procedure where the grievance is to be discussed except that s/he need not be present where it is mutually agreed that no facts are in dispute; and that the sole question is the interpretation of this Agreement. (j) The filing of a grievance shall in no way interfere with the rights of the Board to proceed in carrying out its management responsibilities, subject to the final decision on the grievance. (k) During the pendency of any proceedings and until a final determination has been reached, all proceedings shall be private; and any preliminary disposition will not be made public without the agreement of all parties. (l) There shall be no reprisals of any kind by any administrative personnel or Board taken against any party in interest or his/her Association Representative, or any other participant in the procedure set forth therein by reason of such participation. (m) All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the cancellation or postponement will personnel files of the participants. (n) Forms for filing grievances, serving notices, making appeals, making reports and recommendations, and other necessary documents shall be borne solely given appropriate distribution by the party taking action Superintendent so as to cancel or postponefacilitate operation of procedures set forth herein. (o) Only the OPEA shall submit a grievance to arbitration.