Xxxxxx of the 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. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
2. The arbitrator shall have no power to rule on any of the following:
a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge.
b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law.
c. Any matter involving the content of an employee evaluation.
3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer.
4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement.
5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in exces...
Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he shall be empowered, except as his 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 shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
2. He shall have no power to establish salary scales or change any salary.
3. He shall have no power to change any practice, policy, or rule of the Board nor 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. His powers shall be limited to deciding whether the Board has violated the express articles or sections of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board.
4. He shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement.
5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the case.
6. The fees and expenses of the arbitration shall be shared equally by the Board and the Association. 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. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.
Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he/she shall be empowered, except hereinafter provided, after due investigation, to make a decision in cases of alleged misinterpretation, or alleged misapplication of the specific articles and sections of this Agreement in accordance with Chapter 682 (Florida Arbitration Code) and the Florida School Code. The arbitrator in his/her decision shall not amend, modify, nullify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly limited to the issue or issues presented to him/her by the parties and his/her decision must be based solely upon his/her interpretation of the meaning of the express relevant language of the Agreement. The parties agree that in such instance(s) the dispute entails the question of arbitrability or untimeliness the arbitrator will be selected to determine solely the question of arbitrability or untimeliness. In the event the arbitrator finds the grievance is not arbitrable or is not timely, the Association will take no further action regarding the arbitrability or untimeliness of the grievance. If the arbitrator determines that the grievance is arbitrable the grievant will proceed with the grievance at the applicable step.
Xxxxxx of the 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, sections, or provisions of this Agreement. The Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. The Association, Superintendent, Board, and grievant shall be bound by the disposition of the Arbitrator.
Xxxxxx of the Arbitrator. 1. The arbitrator shall have no authority except to pass upon alleged violations of the express provisions of the Agreement and to determine disputes involving the application of the express provisions of this Agreement.
2. The arbitrator shall have no power or authority to add to, subtract from, disregard, or modify any of the terms of this Agreement.
3. He/she shall have no power to rule on any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law.
Xxxxxx of the Arbitrator. 1. The Arbitrator shall not have authority, nor shall consider the function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The Arbitrator shall not give any decision which in practical or actual effect modifies, revises, detracts from, or adds to, any of the terms or provisions of this Agreement. Past practices of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Arbitrator has no obligation or function to render a decision or not to render a decision merely because in the Arbitrator’s opinion it is unfair or inequitable. The parties agree that this Contract incorporates their full and complete understanding and that any prior oral Agreements or practices are superseded by the terms of this Agreement. The parties further agree that no such oral understandings or practices will be recognized in the future unless committed to writing and signed by the parties as supplement to this Agreement. If either party shall claim before the Arbitrator that a particular grievance fails to meet the test or arbitrability, as the same are set forth in this Grievance Procedure, the Arbitrator shall proceed to hear the case upon the merits.
2. The Arbitrator shall have the authority to determine whether the case will be heard on its merits at the same hearing in which the jurisdictional question is presented. In any case, where the Arbitrator determines that such grievance fails to meet said test of arbitrability, the case will be referred back to the parties without a recommendation on the merits. Unless expressly agreed to by the parties, in writing, the Arbitrator is limited to hearing one issue or grievance upon its merits at any one hearing. Separate hearings shall be constituted for each grievance appealed to arbitration.
Xxxxxx of the Arbitrator. It shall be the function of arbitrators and they shall be empowered, except as their 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. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
2. The arbitrator shall have no power to establish or alter salary schedules.
3. The arbitrator's powers shall be limited to deciding whether the Board has violated the express Articles or Sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board.
4. Both parties agree to be bound by the decision of the arbitrator and agree that either party may enter judgment thereon in any court of competent jurisdiction.
Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and he/she shall be empowered, ex- cept 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 wage scales.
(3) He/Shall have no power to rule on any of the following:
(a) The termination of the services of or failure to re-employ any probationary Employee.
(b) Any matter involving Employee evaluation other than the procedure
Xxxxxx of the Arbitrator. 1. The arbitrator shall be empowered, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections 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. The arbitrator shall have no power to establish wage scales or change any wage scales.
4. The arbitrator shall have no power to rule on the ratings and comments on employee evaluations. Violations of the evaluation procedures and violations of section 13.10 shall be arbitrable.
5. The arbitrator shall have no power to award punitive damages.
6. The arbitrator shall have no authority to interpret state or federal law, and shall not hear a grievance barred from the scope of the grievance procedure in section 6.02 above.
7. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide.
8. The arbitrator shall have no power to overrule a medical determination by a physician made pursuant to Section 8.09 of this Agreement.
9. The arbitrator shall have the authority to grant retroactive relief but such retroactive relief shall be limited to no more than twenty (20) days prior to the date the grievance was filed.
10. The arbitrator shall have no power to rule on the termination of any probationary employee.
11. The arbitrator shall have no authority to reinstate a suspended or discharged bus driver, nor to award monetary relief for the period of the unpaid suspension or discharge, when said suspension or discharge occurred pursuant to Article 5.04 or 5.05 (i.e. because of the driver’s uninsurability and/or “points” and/or DUI conviction.)
Xxxxxx of the 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 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 wage rates.
3. He/she shall have no power to rule on the termination of services of or failure to re-employ any probationary Employee.
4. The arbitrator shall confine his/her opinion to the sole question of whether or not there has been a violation of this Agreement or whether any disciplinary action was unjust or improper. He/she shall give no opinion with respect to any matter left by this Agreement or by law to the discretion of the Board of Education. The fees and expenses of the arbitrator shall be shared equally by the parties
