Common use of Powers of the Arbitrator Clause in Contracts

Powers of the Arbitrator. The arbitrator shall have the power and authority as set forth herein to resolve such grievances. A. It is expressly agreed that the power and authority of the arbitrator shall be limited in each case to the resolution of the question submitted to him/her. It is further specifically agreed that the arbitrator shall have no power to add to, subtract from, or modify, any of the terms of this Agreement; nor shall the arbitrator substitute his/her discretion for that of the Board where such discretion has been retained by the Board or the Association under Article II, respectively; nor shall the arbitrator exercise any responsibility or function of the Board or the Association. The decision of the arbitrator shall be final and binding on all of the parties, and neither the employee nor the Association shall seek independent judicial interpretation or relief for an alleged violation of this Agreement, such remedy being hereby expressly waived in favor of this grievance process. B. The fees and expenses of the Arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. C. No decision in any one case shall require a retroactive adjustment in any other case. D. The arbitrator shall have no power to establish salary scales. E. The arbitrator shall have no power to rule on any of the following: 1. Any Board decision or action based on Article IV of this Agreement; 2. The decision, rule, regulation, policy, eligibility, benefit, or contract terms of any insurance carrier providing coverage described elsewhere in this Agreement; 3. Where the Board is without authority to take the action sought or legally it cannot act; 4. If an appeal can be made under the terms of the Michigan Act 4, 1937, (Extra Session); and 5. The termination or failure to re-employ.

Powers of the Arbitrator. The arbitrator It shall have be the power function of the arbitrator, and authority he/she shall be empowered except as set forth herein his/her powers are limited below, after due investigation, to resolve such grievancesmake decisions in cases of alleged violations of specific articles and sections of this agreement. A. It is expressly agreed that the power and authority of the arbitrator shall be limited in each case to the resolution of the question submitted to hima. He/her. It is further specifically agreed that the arbitrator she shall have no power to add to, subtract from, alter or modify, modify any of the terms of this Agreement; the agreement. b. He/she shall have no power to establish salary structures or change in salary. c. He/she shall have no power to rule on any of the following: Termination of services or failure to re-employ any probationary employee. d. He/she shall have no power to change any practice, policy, or rule of the Board nor shall the arbitrator to substitute his/her discretion judgment for that of the Board where as to the reasonableness of any such discretion has been retained practice, policy, rule or any action taken by the Board or Board, not in conflict with the Association provisions of this agreement. e. He/she shall have no power to decide any question which, under Article IIthis agreement, respectively; nor shall is within the arbitrator exercise any responsibility or function of the Board or to decide. f. There shall be no appeal from an arbitrator’s decision if within the Associationscope of his/her authority as set forth above. The decision of the arbitrator It shall be final and binding on all of the partiesAssociation, its members, the employee or employees involved, and neither the employee nor the Association shall seek independent judicial interpretation or relief for an alleged violation of this Agreement, such remedy being hereby expressly waived in favor of this grievance processBoard. B. The g. Losers shall pay the fees and expenses of the Arbitrator shall be shared equally by the Board and the Associationarbitrator. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. C. No h. The arbitrator’s findings and recommendations shall be forwarded to the parties and the adverse party shall issue its decision in any one case shall require a retroactive adjustment in any other casewith respect to implementation of said findings no later than fifteen (15) days from the date of receipt. D. The arbitrator shall have no power to establish salary scales. E. The arbitrator shall have no power to rule on any of the following: 1. Any Board decision or action based on Article IV of this Agreement; 2. The decision, rule, regulation, policy, eligibility, benefit, or contract terms of any insurance carrier providing coverage described elsewhere in this Agreement; 3. Where the Board is without authority to take the action sought or legally it cannot act; 4. If an appeal can be made under the terms of the Michigan Act 4, 1937, (Extra Session); and 5. The termination or failure to re-employ.

Powers of the Arbitrator. It shall be the function of the arbitrator to make a recommendation to the Board of Trustees, the Superintendent, and the grievant, to resolve the grievance. The arbitrator shall have the power and authority as set forth herein to resolve such grievances. A. It is expressly agreed that the power and authority of the arbitrator shall be limited in each case subject to the resolution of the question submitted to him/her. It is further specifically agreed that the following limitations: 14.1 The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify, modify any of the terms of this Agreement; nor shall the arbitrator substitute his/her discretion for that of the Board where such discretion has been retained by the Board or the Association under Article II, respectively; nor shall the arbitrator exercise any responsibility or function of the Board or the Association. The decision of the arbitrator shall be final and binding on all of the parties, and neither the employee nor the Association shall seek independent judicial interpretation or relief for an alleged violation of this Agreement, such remedy being hereby expressly waived in favor of this grievance processContract. B. The fees and expenses of the Arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. C. No decision in any one case shall require a retroactive adjustment in any other case. D. 14.2 The arbitrator shall have no power to establish salary scalesstructures or change any salary. E. 14.3 The arbitrator shall have no power to rule on recommend or resolve any of the following: 1. 14.3.1 The termination of services of or failure to reemploy any unit member to a position on the extra-curricular schedule 14.3.2 The placing of a member of the unit on probation 14.3.3 Any Board decision claim or action based on Article IV complaint for which there is another remedial procedure or course established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Education Code 14.3.4 Any matter involving unit member evaluation, except a remedy as the result of failure to comply with evaluation procedure set forth in this Agreement;Contract 2. 14.4 The decisionarbitrator shall have no power to change any practice, rule, regulation, policy, eligibility, benefit, or contract terms any action taken by the District. 14.5 If either party disputes the arbitrability of any insurance carrier providing coverage described elsewhere in this Agreement; 3. Where the Board is without authority to take the action sought or legally it cannot act; 4. If an appeal can be made grievance under the terms of the Michigan Act 4Contract, 1937the arbitrator 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/she has no power to rule, (Extra Session); andit shall be referred back the parties without decision or recommendation on its motive. 514.6 The fact that the grievance has been considered by the parties in the preceding steps of the grievance shall not constitute a waiver of jurisdiction limitations upon the arbitrator in this Contract. 14.7 Either party may request a certified court reporter to record the entire arbitration hearing. The termination cost of the services and expenses of such court reporter shall be paid by the party requesting the reporter or failure shared by the parties if they both mutually agree. If the arbitrator requests a court reporter, then the costs shall be shared by both parties. The court reporter shall deliver a copy of the proceeding to re-employeach party within fifteen (15) working days. 14.8 Upon receipt of the recommendation of the arbitrator, the Board of Trustees shall direct that the recommendation be placed upon the Board's closed session agenda for consideration at its next regular meeting. The grievant, the Superintendent, the Association, and any other member of the unit directly affected, shall be entitled and may request in writing to appear in person or by representative to address the Board regarding the pending matter. After the Board has heard any such comments and without taking additional evidence, the matter shall be submitted for decision by the Board, which decision shall be final.