Common use of Scope of Adjustment Board and Arbitration Decisions Clause in Contracts

Scope of Adjustment Board and Arbitration Decisions. (a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. (b) No adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.1. (c) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) If the HRD Director in pursuance of the procedures outlined in 35.2 (b) above, or the Adjustment Board in pursuance of the provisions of 35.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. (b) No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.138.1. (c) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board Boards nor any arbitrator arbitrators shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) If the HRD Human Resources Director in pursuance of pursuant to the procedures outlined in 35.2 subsection 38.2 (b) above, or the Adjustment Board in pursuance of pursuant to the provisions of 35.2 subsection 38.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the CountyCounty Charter. (b) No adjustment Adjustment Board and no or arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.136.1. (c) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no arbitrable. No proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board Boards nor any arbitrator arbitrators shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) If the HRD Employee Relations Director in pursuance of the procedures outlined in 35.2 pursuant to subsection 36.2 (b) above), or the Adjustment Board in pursuance of the provisions of 35.2 pursuant to subsection 36.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. (b) No adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.1. (c) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) If the HRD Director in pursuance of the procedures outlined in subsection 35.2 (b) above), or the Adjustment Board in pursuance of the provisions of subsection 35.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the Countylaw. (b) B. No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.1Section 21.1 above. (c) C. Proposals to add to or change this MOU Memorandum of Understanding or to change written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend amend, or terminate this MOU, Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) D. If the HRD Director Employee Relations Officer or his/her designee in pursuance of the procedures outlined in 35.2 (bSection 21.1(C) above, or the Adjustment Board in pursuance of the provisions of 35.2 (cSection 21.1(D) above above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time; but, in the event that the grievance is carried to arbitration and such employee is found to have been properly discharged under the provisions of Section 20, such employee may not be ordered reinstated and no penalty may be assessed upon the County/District.

Scope of Adjustment Board and Arbitration Decisions. (a) A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the Countylaw. (b) B. No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance complaint as set forth in subsection 35.1Section 19.1 above. (c) C. Proposals to add to or change this MOU Memorandum of Understanding or to change written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend amend, or terminate this MOU, Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) D. If the HRD Director Employee Relations Officer or his/her designee in pursuance of the procedures outlined in 35.2 (b) Section 19.1C above, or the Adjustment Board in pursuance of the provisions of 35.2 (c) above Section 19.1D above, resolve a grievance complaint which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time; but, in the event that the complaint is carried to arbitration and such employee is found to have been properly discharged under the provisions of Section 18, such employee may not be ordered reinstated and no penalty may be assessed upon the County/District.

Scope of Adjustment Board and Arbitration Decisions. (a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. (b) No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.138.1. (c) Proposals to add to or change this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOUMemorandum of Understanding, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) If the HRD Human Resources Director in pursuance of pursuant to the procedures outlined in 35.2 subsection 38.2 (b) above, or the Adjustment Board in pursuance of pursuant to the provisions of 35.2 subsection 38.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. (b) No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.138.1. (c) Proposals to add to or change this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOUMemorandum of Understanding, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) If the HRD Employee and Public Services Director in pursuance of pursuant to the procedures outlined in 35.2 subsection 38.2 (b) above, or the Adjustment Board in pursuance of pursuant to the provisions of 35.2 subsection 38.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties heretoparties, to the extent permitted by the Charter of the CountyCounty Charter. (b) No adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association which has been certified as the recognized employee organization for such unit PDA and unless such dispute falls within the definition of a grievance as set forth in subsection 35.130.1. (c) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) If the HRD Director Employee Relations in pursuance of the procedures outlined in 35.2 subsection 30.2 (b) above, or the Adjustment Board in pursuance of the provisions of 35.2 subsection 30.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the Countylaw. (b) B. No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.1Section 21.1 above. (c) C. Proposals to add to or change this MOU Memorandum of Understanding or to change written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend amend, or terminate this MOU, Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) D. If the HRD Director of Human Resources in pursuance of the procedures outlined in 35.2 (b) Section 21.1C above, or the Adjustment Board in pursuance of the provisions of 35.2 (c) above Section 21.1D above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time; but, in the event that the grievance is carried to arbitration and such employee is found to have been properly discharged under the provisions of Section 20, such employee may not be ordered reinstated and no penalty may be assessed upon the County/District.

Scope of Adjustment Board and Arbitration Decisions. (a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. (b) No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.138.1. (c) Proposals to add to or change this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOUMemorandum of Understanding, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) If the HRD Human Resources Director in pursuance of pursuant to the procedures outlined in 35.2 subsection 38.2 (b) above, or the Adjustment Board in pursuance of pursuant to the provisions of 35.2 subsection 38.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. (b) No adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.133.1. (c) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) If the HRD EPS Director in pursuance of the procedures outlined in 35.2 subsection 33.2 (b) above), or the Adjustment Board in pursuance of the provisions of 35.2 subsection 33.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the Countylaw. (b) B. No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.1Section 18.1 above. (c) C. Proposals to add to or change this MOU Memorandum of Understanding or to change written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend amend, or terminate this MOU, Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) D. If the HRD Director Fire Chief in pursuance of the procedures outlined in 35.2 (b) Section 18.1C above, or the Adjustment Board in pursuance of the provisions provi- sions of 35.2 (c) above Section 18.1D above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time; but, in the event that the grievance is carried to arbitration and such employee is found to have been properly discharged under the provisions of Section 18, such employee may not be ordered reinstated and no penalty may be assessed upon the Moraga-Orinda Fire Protection District.

Scope of Adjustment Board and Arbitration Decisions. (a1) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. (b2) No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.138.1. (c3) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board Boards nor any arbitrator arbitrators shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d4) If the HRD Human Resources Director in pursuance of pursuant to the procedures outlined in 35.2 subsection 38.2 (b) above, or the Adjustment Board in pursuance of pursuant to the provisions of 35.2 subsection 38.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.

Scope of Adjustment Board and Arbitration Decisions. (a) a. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. (b) b. No adjustment Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.138.1. (c) c. Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board Boards nor any arbitrator arbitrators shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (d) d. If the HRD Human Resources Director in pursuance of pursuant to the procedures outlined in 35.2 subsection 38.2 (b) above, or the Adjustment Board in pursuance of pursuant to the provisions of 35.2 subsection 38.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.