Common use of Xxxxxx of Arbitrator Clause in Contracts

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.