Xxxxxx of Arbitrator. The arbitrator shall have no authority to amend, add to, or subtract from the provisions of this Agreement. He or she shall make such award as he or she shall decide is proper under this Contract and applicable public law if he or she decides any relevant. The arbitrator’s decision shall be final and binding on all parties.
Xxxxxx of Arbitrator. 1. The role of the arbitrator is advisory only. The arbitrator shall have no power:
a. To add to, subtract from, disregard, alter, or modify any of the terms of this agreement; b To rule on the termination of services or failure to re-employee any teacher.
Xxxxxx of Arbitrator. The power of the arbitrator shall be limited to the interpretation or application of this Agreement as written, and the arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement as written. The decision of the arbitrator shall be binding on all parties involved. Except as expressly provided by another provision of this Agreement, the arbitrator shall have no power or authority to rule on any claim arising out of any insurance or pension program under this Agreement or to decide any claim which could be asserted as a violation of any employment discrimination statute, law, or regulation. The arbitrator shall have no power or authority to change any classification wage rates, workloads, or performance standards but may otherwise rule on grievances involving such matters.
Xxxxxx of Arbitrator. The arbitrator, in his/her decision, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing by the Board and the Association and his/her decision must be based solely upon his her interpretation of the meaning or application of the express relevant language of this Agreement.
Xxxxxx of Arbitrator. 1. The role of the arbitrator is advisory only. The arbitrator shall have no power:
a. To add to, subtract from, disregard, alter, or modify any of the terms of this agreement.
b. To rule on the termination of services or failure to re-employee any teacher.
c. To rule regarding any claim or complaint for which there is another remedial procedure or course established by law or by regulation having the force of law, including but not limited to any matter subject to the procedures specified in the Equal Employment Opportunity Act, or other legislation, addressed to race, religious origin, sex, or age discrimination.
d. To advise on any practice, policy, or rule of the Board unless such practice, policy, or rule shall conflict with this Agreement.
2. The decision of the arbitrator shall be advisory and not binding on the Association, the Board, or the School Corporation.
3. The fees and expenses of the arbitrator shall be shared equal by the Board and the Association. All other expenses shall be borne by the party incurring them.
Xxxxxx of Arbitrator. 1. 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 Article(s) and Section(s) of this Agreement.
2. The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement.
3. In rendering a decision, an arbitrator shall give due regard to the responsibility of management.
4. There shall be no appeal from an arbitrator's decision if within the scope of his/her authority as set forth above. It shall be binding on the Organization, its members, the administrators or administrators involved, and the School District.
5. The fees and expenses of the arbitrator shall be shared equally by the School District and the Organization. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other.
6. Unless otherwise agreed, an arbitrator shall have power to hear or determine only a single grievance in a single arbitration.
Xxxxxx of Arbitrator. 1. The arbitrator shall have no power to:
a. Add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
b. Rule on the termination of services or failure to reemploy any teacher to a position on the extracurricular schedule, or any other position which has a salary bonus or time-off or extra-time bonus.
c. Rule in regard to the dismissal of, or the renewal or nonrenewal of any contract for, any teacher.
d. Change any practice, policy or rule of the Board or to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy rule or any action taken by the Board, unless such practice, policy or rule, shall be in direct conflict with this Agreement.
e. Consider matters outside the scope of the grievance.
2. If either party disputes the arbitrability of any grievance under the terms of the Agreement, the arbitrator shall rule, with the understanding that the part advancing the claim of non-arbitrability may appeal the question to the court.
3. The decision of the Arbitrator shall be final and binding on the Association, its members, the teachers, the employee or employees involved and the Board.
4. The Arbitrator, as a part of this decision, may assess fees and expenses against either the Board or the Grievant, in full or in part, but if the Arbitrator does not so act, the fees and expenses of the Arbitrator shall be shared equally by the Board and the Grievant. All other expenses shall be borne by the party incurring the expense.
Xxxxxx of Arbitrator. 14 E. Other Provisions Relating to the Grievance Procedure. 15 ARTICLE VIII - TERMS OF AGREEMENT 16 APPENDIX A - COMPENSATION PLAN 17 APPENDIX B – GRIEVANCE REPORT FORM 18 APPENDIX C – EXTRA CURRICULAR SALARY SCHEDULE 20 ARTICLE I - Recognition
Xxxxxx of 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. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this agreement.
2. He/she shall have no power to establish a salary schedule different from the one contained in the master agreement.
3. He/she shall have no power to rule on any of the following:
a. Discharge or failure to employ any probationary teacher or any other teacher in a situation where the tenure commission has jurisdiction. This subsection shall not deal with layoff or recall;
b. Any claim, except as hereinbefore noted, where an employee has chosen to pursue redress in another legal forum;
c. Any prohibited subject of bargaining.
d. Any matter involving the substantive portion of teacher evaluations as long as the procedural portions established in Article 9, Staff Evaluations, have been complied with.
4. He/she shall have no power to change any practice, policy, or rule of the Board nor to substitute his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action taken by the Board. His/her powers shall be limited to deciding whether the Board has violated the express articles or sections of this agreement.
5. He/she shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide.
Xxxxxx of Arbitrator. The arbitrator shall have no power to alter, add to, or subtract from 476 the terms of this CBA. 477 478 G. RELEASED TIME: Grievances will ordinarily be processed during the regular workday and 479 released time shall be provided for all participants in the investigating and processing of grievances 480 including the grievant, Association representatives, and witnesses. 481
