ROLE OF THE ARBITRATOR Sample Clauses

ROLE OF THE ARBITRATOR. The arbitrator shall not amend, take away, add to, or change any of the provisions of this Agreement. The arbitrator may consider only the particular issue or issues submitted to him/her in writing by the Board and the BVCEA, and his/her decision must be based solely on the interpretation of this Agreement. The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time and after the date of the close of hearings, or if oral hearings have been waived, then from the date the final statement and evidence are submitted to him/her. The arbitrator’s report shall be submitted in writing to the Superintendent and the BVCEA only, and shall set forth his/her findings of fact reasoning, conclusion and recommendation on the issue submitted. The arbitrator’s recommendations shall be consistent with law and terms of the District’s policies and contracts. His/her report shall be advisory only and binding on neither the Board nor the BVCEA. The arbitrator shall be requested to issue his/her decision within thirty (30) days after submission of briefs, if any, or the conclusion of testimony and argument. Expenses for the arbitrator’s services and the proceedings shall be borne equally by the employer and the BVCEA. However, each party shall be responsible for compensating its own witnesses and representatives. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the arbitrator.
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ROLE OF THE ARBITRATOR. The arbitrator may consider only the particular issue or issues submitted in writing by the Board and the BVEOP, and the arbitrator’s decision must be based solely on the interpretation of this Agreement. The arbitrator will have authority to hold hearings and make procedural rules. All hearings by the arbitrator shall be held in closed sessions and no news release shall be made concerning progress of the hearings. The arbitrator will submit a written report not more than fifteen (15) workdays after the last hearing date or if hearings have been waived, not more than fifteen
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ROLE OF THE ARBITRATOR. The parties to the dispute acknowledge that the Arbitrator is bound by the oath of office and that adherence to that oath is a term of this agreement.
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ROLE OF THE ARBITRATOR. The arbitrator will inform the parties to the grievance in writing, at least 30 calendar days in advance, of the time and place of the arbitration.
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ROLE OF THE ARBITRATOR. The arbitrator may consider only the particular issue or issues submitted in writing by the Board and the BVEOP, and the arbitrator’s decision must be based solely on the interpretation of this Agreement. The arbitrator will have authority to hold hearings and make procedural rules. All hearings by the arbitrator shall be held in closed sessions and no news release shall be made concerning progress of the hearings. The arbitrator will submit a written report not more than fifteen (15) days after the last hearing date or if hearings have been waived, not more than fifteen (15) days after receipt of briefs filed in the case. The arbitrator’s report shall be submitted in writing to the Board of Education, the BVEOP and the Grievant, and will set forth findings of fact, reasoning, conclusion, and recommendations with law and terms of the District’s policies and contracts and this Agreement on the issue(s) submitted. The arbitrator shall not amend, take away, add to, or change any of the provisions of this Agreement and may consider only the issue(s) submitted in writing by the Board. The arbitrator’s decision(s) shall be based solely on the interpretation of the terms of this Agreement and the arbitrator’s report shall be advisory only, and will not be binding on the Board or the BVEOP. Within ten (10) days of the receipt of the arbitrator’s report, a meeting between BVEOP and Board representatives will be held to discuss the report. No public release may be made until after such meeting. Each party will advise the other of its position on the arbitrator’s decision and the reasons therefore. The Board shall take official action on the report of the arbitrator no later than thirty (30) days after receipt of the arbitrator’s recommendations. *D-3.8 RULES If any action is required, the Board shall direct the Superintendent to take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board of Education. The filing or pendency of any grievance under the provisions of this Grievance Procedure shall in no way operate to interfere with the right of the administration and/or Board of Education to continue the contested action. Expenses for the arbitrator’s services and the proceedings shall be borne equally by the employer and the BVEOP. However, each party shall be responsible for compensating its own witnesses and representatives. If either party desires a verbatim record of proceedings, it may cause such a record...
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ROLE OF THE ARBITRATOR. The parties to the dispute acknowledge that the Arbitrator is bound by the oath of office and that the adherence to the oath is a term of this agreement.
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ROLE OF THE ARBITRATOR. The Arbitrator shall not have the power or authority to add to, subtract from, or modify the terms of this Agreement.
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ROLE OF THE ARBITRATOR. The arbitrator shall not amend, take away, add to, or change any of the provisions of this agreement. The arbitrator may consider only the particular issue or issues submitted to him/her in writing by the Board and the BVPA, and his/her decision must be based solely on the interpretation of this Agreement. The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time after the date of the close of hearings, or if oral hearings have been waived, then from the date the final statement and evidence are submitted to him/her. The arbitrator’s report shall be submitted in writing to the Superintendent and the BVPA only, and shall set forth his/her findings of fact, reasoning, conclusion, and recommendations on the issue submitted. The arbitrator’s recommendations shall be consistent with law and terms of the District’s policies and contracts. His/her report shall be advisory only, and will not be binding on the Board or the BVPA.
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ROLE OF THE ARBITRATOR. 1. The Arbitrator shall be professional, impartial and neutral in regards to all matters in relation to or arising out of the Arbitration. 2. The Arbitrator will conduct the hearing as expeditiously as possible, while ensuring that all Parties have the opportunity to present evidence and arguments and ensuring that the Agreement is followed. 3. The Arbitrator shall be the judge of the relevance and materiality of the evidence offered, and conformity to legal rules of evidence shall not be necessary.
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Related to ROLE OF THE ARBITRATOR

  • Xxxxxx of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge. b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluation. 3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express 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 Employer. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator. b) The central parties shall select a mutually agreed upon arbitrator. c) The central parties may refer multiple grievances to a single arbitrator. d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator. e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

  • Jurisdiction of the Arbitrator The arbitrator shall have no power to alter, add to, subtract from the terms of this Agreement. The arbitrator's decision will be based upon the specific provisions of this Agreement. This arbitration provision shall be for grievances only.

  • Expenses of the Arbitrator The fees and expenses of the arbitrator and any other common expenses shall be shared equally by both parties.

  • Conduct of the Arbitration 1. Where issues relating to jurisdiction or admissibility are raised as preliminary objections, the tribunal shall decide the matter before proceeding to the merits. 2. A disputing Member State may, no later than 30 days after the constitution of the tribunal, file an objection that a claim is manifestly without merit. A disputing Member State may also file an objection that a claim is otherwise outside the jurisdiction or competence of the tribunal. The disputing Member State shall specify as precisely as possible the basis for the objection. 3. The tribunal shall address any such objection as a preliminary question apart from the merits of the claim. The disputing parties shall be given a reasonable opportunity to present their views and observations to the tribunal. If the tribunal decides that the claim is manifestly without merit, or is otherwise not within the jurisdiction or competence of the tribunal, it shall render an award to that effect. 4. The tribunal may, if warranted, award the prevailing party reasonable costs and fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider whether either the claim or the objection was frivolous or manifestly without merit, and shall provide the disputing parties a reasonable opportunity to comment. 5. Unless the disputing parties otherwise agree, the tribunal shall determine the place of arbitration in accordance with the applicable arbitration rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 6. Where an investment dispute relate to a measure which may be a taxation measure, the disputing Member State and the non-disputing Member State, including representatives of their tax administrations, shall hold consultations to determine whether the measure in question is a taxation measure. 7. Where a disputing investor claims that the disputing Member State has breached Article 14 (Expropriation and Compensation) by the adoption or enforcement of a taxation measure, the disputing Member State and the non-disputing Member State shall, upon request from the disputing Member State, hold consultations with a view to determining whether the taxation measure in question has an effect equivalent to expropriation or nationalisation. 8. Any tribunal that may be established under this Section shall accord serious consideration to the decision of both Member States under paragraphs 6 and 7. 9. If both Member States fail either to initiate such consultations referred to paragraphs 6 and 7, or to make such joint decisions, within the period of 180 days from the date of the receipt of request for consultation referred to in Article 31 (Consultations), the disputing investor shall not be prevented from submitting its claim to arbitration in accordance with this Section.

  • Appointment of the Arbitrator When a Party has requested that a grievance be submitted to arbitration, an Arbitrator shall be selected from the agreed upon list outlined in Appendix B.

  • Sole Arbitrator In the event that one party wishes to submit a grievance to Arbitration and is content that the matter be dealt with by a Sole Arbitrator as opposed to a tripartite Board of Arbitration as hereinbefore referred to, the party submitting the grievance to arbitration shall so signify when advising the other party and shall advise as to three (3) alternative choices as to a Sole Arbitrator in addition to that party's nominee to a tripartite board. The recipient of the notice shall in reply advise as to its nominee to a tripartite board and three (3) alternative choices as to a Sole Arbitrator. If the parties can agree to a Sole Arbitrator within twenty (20) days of the notice referring the matter to arbitration the matter shall be determined by a Sole Arbitrator and failing such agreement the regular Arbitration procedure shall apply.

  • Costs of the Arbitration Each party is responsible for its own attorney, expert, and other costs and fees unless applicable law requires otherwise. Each party is also responsible for one-half of any costs and fees charged by the arbitration organization and arbitrator(s) to administer the arbitration to the maximum extent permitted by law or rule. Where permissible by law, the prevailing party may be required to reimburse the other party for the costs and fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s).

  • Authority of the Arbitrator i. It is the intent of both parties to this Collective Agreement that no grievance shall be defeated merely because of a technical error in processing the grievance through the grievance procedure. To this end an arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case. ii. The arbitrator shall not have jurisdiction to alter or change the provisions of the Collective Agreement or to substitute new ones. iii. The provisions of this article do not override the provisions of the B.C.

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