The Arbitrator Sample Clauses

The Arbitrator. The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator appointed under NAM Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.

The Arbitrator. A single arbitrator will conduct the arbitration in Tampa, Florida, U.S.A., in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”), and judgment upon the written award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the application of the Rules, however, discovery in the arbitration, including interrogatories, requests for production, requests for admission, and depositions, will be fully available and governed by the Federal Rules of Civil Procedure and Local Rules of the United States District Court for the Middle District of Florida. The parties may agree upon a person to act as sole arbitrator within thirty (30) days after submission of any claim or controversy to arbitration pursuant to this Section. If the parties are unable to agree upon such a person within such time period, an arbitrator shall be selected in accordance with the Rules. The parties will pay their own respective attorneys’ fees, witness fees, and other costs and expenses incurred in any investigations, arbitrations, trials, bankruptcies, and appeals; provided, however, that the Company will pay the filing fees, hearing fees, and processing fees associated with arbitration hereunder.

The Arbitrator. All disputes will be resolved by a single Arbitrator selected from a list provided by AAA pursuant to AAA rules. The Arbitrator has the authority to rule on any motions regarding discovery or the pleadings, including motions to dismiss and for summary judgment, and, in doing so, shall apply the standards set forth in the Federal Rules of Civil Procedure, and to order any and all equitable or legal relief which a party could obtain from a court of competent jurisdiction on the basis of the claims made in the dispute. The arbitrator shall have no power to vary or ignore the terms of this Agreement and shall be bound by controlling law and the Federal Rules of Evidence.

The Arbitrator. A single arbitrator will conduct the arbitration in Tampa, Florida, U.S.A., in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "Rules"), and judgment upon the written award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the application of the Rules, however, discovery in the arbitration, including interrogatories, requests for production, requests for admission, and depositions, will be fully available and governed by the Federal Rules of Civil Procedure and Local Rules of the United States District Court for the Middle District of Florida. The parties may agree upon a person to act as sole arbitrator within thirty (30) days after submission of any claim or controversy to arbitration pursuant to this Section. If the parties are unable to agree upon such a person within such time period, an arbitrator shall be selected in accordance with the Rules. The arbitrator will not have the power to award punitive or exemplary damages.

The Arbitrator. Arbitration Board shall give its decision not later than fourteen (l4) days after the appointment of the chairman except that with the consent of both parties such limitation of time may be extended. The findings and decision of a majority of the members of a Grievance Board on all arbitrable questions shall be binding on all parties. 12.06 Each party to the difference shall bear the expenses of its respective nominee to the Arbitration Board and the two parties shall bear the expenses of the chairman equally.

The Arbitrator. (a) shall not have power to alter or amend any provision of this Collective Agreement, or to substitute any provision, or to give any decision inconsistent with the terms of this Agreement; (b) shall have jurisdiction to determine whether the grievance presents an arbitrable issue.

The Arbitrator. The arbitrator will have no authority to change, modify, subtract from or add to the provisions of this Agreement. Instead, the arbitrator will have authority only to apply and interpret the provisions of this Agreement in reaching a decision. The arbitrator’s fee and expenses will be borne equally by the parties. All other expenses, including attorney’s fees, will be borne by the party incurring those expenses.

The Arbitrator. 1. Shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. 2. Shall have no power to establish salary schedules or fringe benefits or change any salary schedules or fringe benefits. 3. If the Employer disputes the arbitrability of any grievance under the terms of this Agreement, the Arbitrator shall have to decide if the grievance is arbitrable. In the event that a case is appealed to an Arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. 4. There shall be no appeal from an arbitrator’s decision if within the scope of authority as set forth above. It shall be final and binding on the Union, its members, the employee or employees involved, and the Employer. The Union shall discourage any attempt of its members, and shall not encourage or cooperate with any of its members, in any appeal to any court or labor board from a decision of an arbitrator. 5. The fees and expenses of the arbitrator shall be paid by the party not prevailing at arbitration. The arbitrator shall have the authority to assign divided costs. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of the witnesses called by the other. 6. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, reduced by other wages earned or by a failure to mitigate damages. Income from a second job which the employee held prior to the disciplinary action shall not be counted towards the wages used to mitigate the damages. 7. No decision in any case shall require a retroactive wage adjustment in any other case, unless, by mutual agreement, the other case was held pending the outcome of the representative case.

The Arbitrator. 4.1 All arbitrations hereunder shall be conducted in accordance with the provisions set forth in the Arbitration Act, 1954-1980. 4.2 If the Arbitrator relinquishes his appointment or dies or if it becomes apparent that for any reason he is unable or has become unfit or unsuited (whether because of bias or otherwise) to complete his duties or if he is removed from office by Court Order, a substitute may be nominated in his place and in relation to any such nomination the procedures hereinbefore set forth apply as though the substitution were a nomination de novo, which said procedures may be repeated as many times as may be necessary.

The Arbitrator. Within thirty (30) days after a party submits a dispute to arbitration, the parties shall select a single arbitrator (the "Arbitrator") in accordance with the Procedures. The Arbitrator shall not be liable to either party in connection with the proceeding. Neither party shall sue, join, subpoena, or ix any manner otherwise involve the Arbitrator in any action or proceeding.