Common use of Rules Governing Arbitration Clause in Contracts

Rules Governing Arbitration. 40.12.1 Unless otherwise agreed by the parties, challenges to the procedural arbitrability of a grievance will be resolved in a proceeding separate from and prior to arbitration on the merits of the grievance. Within fourteen (14) calendar days following receipt of an arbitrator’s decision ruling that a challenged grievance is subject to arbitration, the parties will begin the process described in Section 40.11 to select an arbitrator to rule on the merits of the grievance. 40.12.2 The arbitrator will: (a) Be limited to interpreting and applying the terms of this Agreement, and will have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement; (b) Be limited in his or her decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it; (c) Not make any award that provides an employee with compensation greater than would have resulted had there been no violation of this Agreement; (d) Not have the authority to order the Employer to modify its staffing levels or to direct staff to work overtime. 40.12.3 Arbitrations will take place in accord with the Labor Arbitration Rules of AAA unless the parties agree otherwise in writing. The arbitrator will have the authority to require the presence of employees and/or documents. 40.12.4 The arbitrator will issue a written decision to the parties within thirty (30) calendar days of the close of the hearing or the submission of post- hearing briefs, whichever is later. The decision will be final, conclusive and binding on the University, the Union and the employees; provided that the decision does not include action by the arbitrator beyond his or her jurisdiction.

Rules Governing Arbitration. 40.12.1 Unless otherwise agreed by the parties, challenges to the procedural arbitrability of a grievance will be resolved in a proceeding separate from and prior to arbitration on the merits of the grievance. Within fourteen (14) calendar days following receipt of an arbitrator’s decision ruling that a challenged grievance is subject to arbitration, the parties will begin the process described in Section 40.11 to select an arbitrator to rule on the merits of the grievance. 40.12.2 The arbitrator will: (a) Be limited to interpreting and applying the terms of this Agreement, and will have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement; (b) Be limited in his or her decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it; (c) Not make any award that provides an employee with compensation greater than would have resulted had there been no violation of this Agreement; (d) Not have the authority to order the Employer to modify its staffing levels or to direct staff to work overtime. 40.12.3 Arbitrations will take place in accord with the Labor Arbitration Rules of AAA unless the parties agree otherwise in writing. The arbitrator will have the authority to require the presence of employees and/or documents. 40.12.4 The arbitrator will issue a written decision to the parties within thirty (30) calendar days of the close of the hearing or the submission of post- hearing briefs, whichever is later. The decision will be final, conclusive and binding on the University, the Union and the employees; provided that the decision does not include action by the arbitrator beyond his or her jurisdiction.thirty

Rules Governing Arbitration. 40.12.1 7.11.1 Unless otherwise agreed by the parties, challenges to the procedural arbitrability of a grievance will shall be resolved in a proceeding separate from and prior to an arbitration on the merits of the grievance. Within fourteen (14) calendar days following receipt of an arbitrator’s decision ruling that a challenged grievance is subject to arbitration, the parties will begin the process described in Section 40.11 Sections X.6 above to select an arbitrator to rule on the merits of the grievance. 40.12.2 7.11.2 The arbitrator will: (a) Be limited shall have no power to interpreting and applying render a decision that will add to, subtract from, alter, change, or modify the terms of this Agreement, and will have no authority his or her power shall be limited to rule contrary to, add to, subtract from, interpretation or modify any application of the provisions express terms of this Agreement; (b) Be limited in his or her decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it; (c) Not make any award that provides an employee with compensation greater than would have resulted had there been no violation of this Agreement; (d) Not have the authority to order the Employer to modify its staffing levels or to direct staff to work overtime. 40.12.3 Arbitrations will take place in accord with the Labor Arbitration Rules of AAA unless the parties agree otherwise in writing. The arbitrator will shall not have the authority to require extend interpretations to matters other than those applicable to the presence of employees and/or documentsparticular issue(s) before him or her. 40.12.4 7.11.3 The arbitrator will issue arbitrator’s decision and award shall not grant relief extending beyond a written decision to the parties within thirty (30) calendar days of the close of the hearing or the submission of post- hearing briefs, whichever is latermake whole remedy. The decision will shall be final, conclusive and binding on the University, the Union and the employees; provided that the decision does not include action by the arbitrator beyond his or her jurisdiction. 7.11.4 The arbitrator’s decision and award shall include a statement of the issue(s), the remedy (if appropriate), and the reasoning and grounds upon which the decision is based, and shall be rendered with thirty (30) days of the date written briefs are received from the parties. 7.11.5 The arbitrator’s decision and award shall be based solely on the evidence and matters presented to the arbitrator by the respective parties in the presence of each other, and on the matters presented in the written briefs of the parties. 7.11.6 The arbitrator may retain jurisdiction until such time as the award is completed. 7.11.7 The arbitrator shall not have the authority to remand an issue back to the parties for negotiations. 7.11.8 The arbitrator may require an employee to attend as a witness and to bring with him or her any book, record, document, or other evidence. The fees for and costs associated with such attendance shall be paid by the party requesting the presence of the witness or documents. 7.11.9 Each party shall pay the compensation and expenses for its own representatives and witnesses, including attorneys’ fees. The parties will share equally the costs and expenses of the arbitrator.