Scope of Arbitrator’s Power Sample Clauses

Scope of Arbitrator’s Power a. The arbitrator’s authority shall be limited to determining whether the Hospital has violated a provision(s) of this Agreement. The impartial arbitrator shall have no jurisdiction or authority to add to, subtract from, amend, modify, nullify or ignore in any way the provisions of this Memorandum of Understanding and shall not make any award which would, in effect, grant the Union or the employee(s) any terms which were not obtained in the negotiation process. b. The arbitrator shall have the authority to subpoena documents and to require the attendance of witnesses upon the reasonable request of either party but not upon his/her own motion. c. The expense of service and appearance fees, if any, shall be borne entirely by the party requesting the subpoena of witnesses and each party shall, in advance of the hearing date, inform the other party of the identity of witnesses it subpoenaed.
Sample 1
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Scope of Arbitrator’s Power. The impartial Arbitrator shall have no power to add to, subtract from, or to change any of the terms or conditions of this Agreement
Sample 1
Scope of Arbitrator’s Power. The parties agree that the arbitrator shall apply all applicable substantive laws. With respect to any award for punitive damages, the arbitrator shall be bound by principles of due process. The arbitrator shall not have the power to depart from substantive law, including due process principles, in connection with an award. The arbitrator shall not have the power to consolidate claims, certify a class or hear claims postured as a representative action, collective action or a private attorney-general action.
Sample 1
Scope of Arbitrator’s Power a. The arbitrator shall have no power to add to, to subtract from, or to change any of the terms or provisions of this Agreement. Their jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involved only the interpretation and application of such Agreement and shall not make any award which would, in effect, grant the Union or the employee(s) any terms which were not obtained in the negotiation process.
Sample 1
Scope of Arbitrator’s Power a. The arbitrator shall have no power to add to, to subtract from, or to change any of the terms or provisions of this Agreement. Their jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involved only the interpretation and application of such Agreement and shall not make any award which would, in effect, grant the Union or the employee(s) any terms which were not obtained in the negotiation process. b. The matter of whether or not a claim is arbitrable shall be determined by the arbitrator. The award shall be based upon the Join Submission Agreement of the parties, or in respect to the specific interpretation and application of the Agreement. c. The arbitrator shall have the authority to subpoena documents and require the attendance of witnesses upon the reasonable request of either party, but not upon their own motion. d. The expense of service and appearance fees, if any shall be borne entirely by the party requesting the subpoena of witnesses and each party shall, in advance of the hearing date, inform the other party of the identity of the witnesses it subpoenaed.
Sample 1

Related to Scope of Arbitrator’s Power

  • Authority of Arbitrator The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions under the Labour Relations Code.

  • Board of Arbitration (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

  • List of Arbitrators The parties will agree to a list of arbitrators for each geographical area to whom grievances may be referred. This list shall be reviewed at the mid-point of the Collective Agreement and may be amended by mutual agreement. Each party will alternate in selecting an arbitrator to sit as a sole arbitrator or as a chair of the Arbitration Board from the appropriate list. In the event that the Arbitrator selected by a party is unable to hear the grievance within ninety (90) days of the referral to arbitration, the party having made the selection may choose another arbitrator from the list.

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