Common use of Xxxxxx of the Arbitrator Clause in Contracts

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 excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and he/she the arbitrator shall be empowered, except as his/her the powers are limited below, after due investigation, to make a decision recommendation in cases of alleged violation violation, misapplication, or misinterpretation of the specific articles Articles and sections 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 establish new wage scales or change 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 wage established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluationin this contract. 3. He/she The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that Board except as these practices, policies or rules are in violation of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employerthis contract. His/her power The arbitrator's powers shall be limited to deciding whether the Employer has violated the express articles violated, misinterpreted, or sections misapplied Articles or Sections of this Agreement; and he/she the arbitrator 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 and legal 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 Should either party disputes dispute the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine rule the arbitrability question of said disputearbitrability. By stipulation Should it be determined that the matter is not arbitrable, it shall be referred back to the parties without recommendation on its merits. 5. Both parties agree to be bound by the award of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues arbitrator and the merits agree that judgment thereon may be entered in any court 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 excess of such authoritycompetent jurisdiction. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association Employer and the EmployerAssociation. If the arbitration is held during school time, individuals needed at the hearing shall be released at no diminishment of benefits. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for the expense of witnesses called by the other.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her the arbitrator's 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 salary scales or change any salary. 3. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect The termination of services of, or failure to re-employ any probationary employees including, but not limited to, discipline and discharge.employee; b. The placing of a probationary employee on additional probation; c. Any claim or matter involving employee evaluation; d. Any 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. 34. He/she The arbitrator shall have no power to change any practice, policy, policy or rule of the Employer Board, nor to substitute his/her judgment for that of the Employer Board as to the reasonableness of any such practice, policy, rule, rules or any action taken by the EmployerBoard. His/her power The arbitrator's powers shall be limited to deciding whether the Employer Board has violated the express articles or sections of this Agreement; and he/she the arbitrator shall not imply obligations and conditions binding upon the Employer Board from this Agreement, it being . It is understood that any matter not specifically set forth herein remains within with the reserved rights of the EmployerBoard. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide5. In rendering a decision, an the 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. 56. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine have to decide if the arbitrability of said disputegrievance is arbitrable. By stipulation of In the parties, the Arbitrator shall have the authority event that a case is appealed to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she an arbitrator on which there is without jurisdiction no power to rule, the matter it shall be dismissed referred back to the parties without decision or recommendation on the its 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 excess of such authority. 67. There shall be no appeal from the an arbitrator’s 's decision if within the scope of his/her the arbitrator's authority as set forth above. It shall be final and binding on upon the Association, its members, the employee secretary or employees involved secretaries involved, and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and AwardBoard. 78. The fees and expenses of the arbitrator shall be shared equally by the Association parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 9. Claims for back pay: All grievances must be filed in writing within five (5) calendar days from the time the alleged violation occurred. The Board shall not be required to pay back wages more than seven (7) calendar days prior to the date a written grievance is filed except in the case of a pay shortage of which the secretary could not have been aware before receiving pay. Any adjustment shall be retroactive to the beginning of the pay period covered by such pay, if the secretary files the grievance within seven (7) calendar days after receipt of the pay. a. All claims for back wages shall be limited to the amount of wages that the secretary would otherwise have earned, less any compensation that may have been received from any source during the period of the back pay. b. No decision in any one case shall require a retro-active wage adjustment in any other case, unless other cases were filed and pending on the representative case. 10. The arbitrator cannot grant relief extending beyond the termination date of this Agreement. 11. It is understood that the arbitration clause shall not be applicable to the grievance procedure when such grievance arises in the period between the termination of the present agreement and the Employereffective date of its successor. 12. The arbitrator may not make an award, which, in effect, grants the grievant and/or the Association that which it was unable to secure during collective negotiations.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, Arbitrator and he/she shall be empowered, except as his/her powers are limited below, after due investigation, investigation to make a decision in cases of as to the alleged violation of the specific articles and sections of this Agreement. 1. The arbitrator Arbitrator shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. 2. The arbitrator Arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect The termination of services of or failure to re-employ any probationary employees including, but not limited to, discipline and dischargeemployee. 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 any employee evaluation. d. Any prohibited or illegal bargaining subject. 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 in this Agreement 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 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 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 excess of such authority. 6. There shall be no appeal from the arbitratorArbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its membersemployees, the employee or employees employee(s) involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator Arbitrator shall be shared equally by the Association and the Employer. 8. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he/she may have received from any other employment or unemployment compensation during the period of the back pay. 9. No decision in any one case shall require a retroactive wage adjustment to any other case.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and he/she shall be empowered, 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 He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator He/she shall have no power to rule on any of the following: a. Actions taken by the Employer with respect The termination of services of or failure to re-employ any probationary employees including, but not limited to, discipline and dischargeteacher. b. Any claim The termination of services or complaint for which there is another remedial procedure failure to employ or forum established by law or by regulation having re-employ any teacher on the force of lawextra-curricular schedule. c. The termination of Short Term Substitutes and Long Term Substitutes during the first sixty (60) days of service. d. Any matter involving excluded from the content grievance procedure. e. A grievance concerning a matter which is within the jurisdiction of an employee evaluationa state or federal administrative agency. 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 decisiondecisions, 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, responsibilities except as they may be specifically conditioned by this Agreement. 54. If either party disputes In the arbitrability of any grievance under the terms of this Agreement, the event that a case is appealed to an 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 on which he/she is without jurisdiction has no power to rule, the matter it shall be dismissed referred back to the parties without decision or recommendation on the its 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 excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 75. The fees and expenses decision of the arbitrator shall be shared equally final and conclusive and binding upon employees, the Board and the Association; subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect. a. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he/she may have received from any source of a like nature during the period of the back pay; b. No decision in any one case shall require a retroactive wage adjustment in any other case unless previously agreed to by the parties. 7. Where no compensation and/or fringe benefit loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one. However, he/she shall have the power to order payment for lost interest, where appropriate. 8. No more than one grievance may be considered by the arbitrator at the same time except upon expressed written mutual consent. 9. An arbitrator shall have no authority to order reinstatement or back pay pursuant to for a terminated substitute teacher. 10. Matters subject to the jurisdiction of the Michigan Tenure Commission shall not be subject to arbitration. It is expressly recognized that any matter taken to the Tenure Commission and denied jurisdiction shall be subject to binding arbitration and may be initiated by the Association and the Employerat Level Three.

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. Neither party shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence which was not previously disclosed to the other party. 3. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect The termination of services of or failure to re-employ any probationary employees including, but not limited to, discipline and dischargeemployee. 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. d. He/she shall have no power to change any practice, policy, or rule of the Employer nor Board not to substitute his/her judgment for that of the Employer Board as to the reasonableness of any such practice, policy, rule, or any action taken by the EmployerBoard. His/her power shall be limited to deciding whether the Employer Board has violated the express articles or sections of this Agreement; Agreement and he/she shall not imply obligations and conditions binding upon the Employer Board from this Agreement, it being understood that any matter not specifically set forth herein herein, remains within the reserved rights of the EmployerBoard. 4. e. He/she shall have no power to establish salary scales or to change any salary. f. 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. 54. 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 excess of such authority. 65. There shall be no appeal from the arbitrator’s 's decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. 6. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months The fees and expenses of the issuance arbitrator shall be paid by the losing party. If the award modified the position of the Opinion and Award. 7. The Board rather than sustaining or denying the grievance, the fees and expenses of the arbitrator shall be shared equally by the Association and the Employerboth parties.

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, 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, alter or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on establish new wage scales, or change 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 wage scale 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 evaluationsalary supplement. 3. He/she The arbitrator shall have no power to change any practice, policy, policy or rule of the Employer Board nor to substitute his/her judgment for that of the Employer Board and the Administration as to the reasonableness of any such practice, policy, rule, or any action taken by the EmployerBoard and the Administration. His/her power The arbitrator’s powers shall be limited to deciding whether the Employer has Board and the Administration have violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer Board and the Administration from this Agreement, ; it being understood that any matter not specifically set forth herein remains within with the reserved rights of the EmployerBoard. 4. He/she The arbitrator 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 Administration and 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 party, disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine have no jurisdiction to act until the arbitrability matter has been determined by; a court of said disputecompetent jurisdiction. By stipulation of In the parties, the Arbitrator shall have the authority event that a case is appealed to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that an arbitrator on which he/she is without jurisdiction has no power to rule, the matter rule it shall be dismissed referred back to the parties without decision or recommendation on the its 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 excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth abovedecision. It shall be final and binding on the AssociationUnion, its members, the employee or employees involved and the EmployerBoard of Education. Any litigation The Union shall discourage any attempt of its members, and shall not encourage or cooperate with any of its members, in any appeal to vacate any court or enforce the Arbitrator’s labor board from a decision must be initiated within six (6) months of the issuance of the Opinion and Awardan arbitrator. 7. The fees fees, including transcripts, etc., and the expenses of the arbitrator shall be shared equally by the Association Board and the EmployerUnion. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.

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 Articles and sections Sections of this Agreement. 1. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. 2. The arbitrator 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. Actions taken The discharge, demotion, and/or non-renewal of any probationary or tenured teacher pursuant to the provisions of the Michigan Tenure Act. However, should the just cause standard of the Michigan Tenure Act for demotion and discharge of a tenured teacher be repealed or abrogated by amendment, the Employer provisions of the 1990-93 Agreement between the parties shall prevail with respect to probationary employees including, but not limited to, discipline and dischargethis Subsection. b. The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule. c. Any claim or complaint for which there is another remedial procedure or of forum established by law or by regulation having the force of law, including any matter subject to the procedures specified In the Teacher Tenure Act (Act IV, Public Acts, extra session of 1937 of Michigan, as amended). c. d. Any matter involving teacher evaluation provided that the content provisions of an employee evaluationArticle XI have been complied with. 34. He/she shall have no power to change any practice, policy, policy or rule of the Employer Board nor to substitute his/her judgment for that of the Employer Board as to the reasonableness reasonable ness of any such practice, policy, rule, or any action taken by the EmployerBoard. His/her power powers shall be limited to deciding whether the Employer Board has violated the express articles or sections expressed Articles of 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. 45. 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 excess of such authority. 6. There shall be no appeal from the an arbitrator’s decision if said decision is within the scope of his/her the arbitrator’s authority as set forth above. It Said decision shall be final and binding on the Association, its members, the and employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7Board. The fees and expenses of the arbitrator shall be shared equally by the Association and the EmployerBoard shall discourage any attempt on the part of its members to engage in any frivolous appeal to any court or labor board from a decision of an arbitrator and the Association, Board, and all members shall similarly refrain from encouraging its membership from bringing about a settlement of any grievance as herein defined by any other means.

Xxxxxx of the Arbitrator. It The jurisdiction of the Arbitrator shall be limited to the function determination of grievances as defined in Section A of Article 8. If either party shall claim before the arbitratorArbitrator that a particular grievance fails to meet the tests of arbitrability, the Arbitrator shall proceed to decide such issue before proceeding to hear the case upon the merits. If the grievance concerns matters not subject to arbitration, the Arbitrator shall return the grievance and he/she shall be empowered, except as his/her powers are limited below, after due investigation, all documents relating thereto to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. 1parties without decision. The arbitrator Arbitrator shall have no power to add to, or subtract from, disregard, alter, or modify any of the terms of this Agreement or any of the functions or responsibilities of the parties to this Agreement. 2. The arbitrator He shall have no power to establish salary scales or change any salary. He 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 of the force Township. In rendering decisions, the Arbitrator shall have due regard to the responsibilities of law. c. Any matter involving the content of an employee evaluation. 3Township Board and shall so construe the Agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by the Agreement. He/she He shall have no power to change any practice, policy, policy or rule of the Employer Township nor to substitute his/her his judgment for that of the Employer Township as to the reasonableness of any such practice, policy, rule, rule or any action taken by the EmployerTownship. His/her power His powers shall be limited to deciding whether the Employer Township has violated the express articles or sections Articles and Sections of this Agreement; and he/she he shall not imply obligations and conditions binding upon the Employer Township from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the EmployerTownship. 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 excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, Arbitrator and he/she shall be empowered, except as his/her powers are limited below, after due investigation, investigation to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. 1. The arbitrator Arbitrator shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. 2. The arbitrator Arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect The termination of services of or failure to re-employ any probationary employees including, but not limited to, discipline and dischargeemployee. 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 any 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 Arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement 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 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 excess of such authority. 6. There shall be no appeal from the arbitratorArbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator Arbitrator shall be shared equally by the Association and the Employer. 8. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he/she may have received from any other employment or unemployment compensation during the period of the back pay. 9. No decision in any one case shall require a retroactive wage adjustment to any other case.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, 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 Articles and sections Sections of this the Agreement. 1. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this the Agreement. 2. The arbitrator He/she shall have no power to establish salary scales or change any salary rate. 3. He/she shall have no power to rule on any of the following: a. Actions taken by the Employer with respect The termination of services of or failure to re-employ any probationary employees including, but not limited to, discipline and dischargeteacher. b. The failure to award a vacant non-bargaining unit administrative position to a bargaining unit employee. c. The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule. d. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having subject to the force procedures specified in the Teachers’ Tenure Act (Act IV Public Acts, extra session, of law1937 of Michigan as amended). c. Any e. The subject matter involving the content of an employee evaluationany prohibited or illegal bargaining subject under PERA. 34. He/she shall have no power to change any practice, policy, or rule of the Employer BOARD nor to substitute his/her judgment judgement for that of the Employer BOARD as to the reasonableness of any such practice, policy, rule, or any action taken by the EmployerBOARD. 5. His/her power powers shall be limited to deciding whether the Employer BOARD has violated the express articles Articles or sections Sections of this Agreement; and he. He/she shall not imply obligations and conditions binding upon the Employer BOARD from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the EmployerBOARD. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide6. In rendering a decisiondecisions, 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. 57. If either party disputes In the arbitrability of any grievance under the terms of this Agreement, the event that a case is appealed to an 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 on which he/she is without jurisdiction has no power to rule, the matter it shall be dismissed referred back to parties without decision or recommendation on the its 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 excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 78. The fees and expenses of the arbitrator shall be shared equally paid by the Association initiating party. 9. Both parties agree that the decision of the panel is final and the Employerbinding and that judgement thereon may be entered in any court of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her the arbitrator's powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreementagreement. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to establish salary scales or change any salary. 3. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to The termination of services or non‑renewal of contract of any probationary employees including, but not limited to, discipline and dischargeemployee. b. Any claim The decision regarding the transfer, assignment, or complaint for which there is another remedial procedure reassignment or forum established by law or by regulation having the force qualifications of lawany employee. c. Any matter involving the content of an employee employee's evaluation. 3d. Any matter not specifically referred to in this agreement for which there is recourse under any state or federal statutes. e. Approval or denial of any discretionary leaves of absence. f. The terms, conditions, payment, or non‑payment of claims, termination of coverage, eligibility and benefit levels under any insurance policy or benefit provided under this agreement. 4. He/she The arbitrator shall have no power to change any practice, policy, policy or rule of the Employer nor Board, or to substitute his/her judgment for that of the Employer Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by the EmployerBoard. His/her power The arbitrator's powers shall be limited to deciding whether the Employer Board has violated the express articles or sections of this Agreement; and he/she the arbitrator shall not imply obligations and conditions binding upon the Employer Board from this Agreement, it being . It is understood that any matter not specifically set forth herein remains within with the reserved rights of the EmployerBoard. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide5. In rendering a decisiondecisions, an the 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. 56. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine have to decide if the arbitrability of said disputegrievance is arbitrable. By stipulation of In the parties, the Arbitrator shall have the authority event that a case is appealed to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she an arbitrator on which there is without jurisdiction no power to rule, the matter it shall be dismissed referred back to the parties without decision or recommendation on the its 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 excess of such authority. 67. There shall be no appeal from the an arbitrator’s 's decision if within the scope of his/her the arbitrator's authority as set forth above. It shall be final and binding on upon the AssociationFederation, its members, the employee or employees involved involved, and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and AwardBoard. 78. The fees and expenses of the arbitrator shall be shared equally by the Association parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the Employerexpenses of witnesses called by the other party. 9. All arbitration hearings shall be held in the school district. 10. Claims for back pay: All grievances must be filed in writing seven calendar days from the time the alleged violation occurred. The Board shall not be required to pay back wages more than seven calendar days prior to the date a written grievance is filed except in the case of a pay shortage of which the employee could not have been aware before receiving pay. Any adjustment shall be retroactive to the beginning of the pay period covered by such pay, if the employee files the grievance within seven calendar days after receipt of the pay. a. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that may have been received from any source during the period of the back pay. b. No decision in any one case shall require a retroactive wage adjustment in any other case, unless other cases were filed and pending on the representative case. 11. The arbitrator cannot grant relief extending beyond the termination date of this Agreement. 12. It is understood that the arbitration clause shall not be applicable to the grievance procedure when such grievance arises in the period between the termination of the present Agreement and effective date of its successor. 13. The arbitrator may not make an award which, in effect, grants the grievant and/or the Federation that which it was unable to secure during collective negotiations.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her the arbitrator' s 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 salary scales or change any salary. 3. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect The termination of services of, or failure to re-employ any probationary employees including, but not limited to, discipline and discharge.employee; b. The placing of a probationary employee on additional probation; c. Any claim or matter involving employee evaluation; d. Any 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. 34. He/she The arbitrator shall have no power to change any practice, policy, policy or rule of the Employer Board, nor to substitute his/her judgment for that of the Employer Board as to the reasonableness of any such practice, policy, rule, rules or any action taken by the EmployerBoard. His/her power The arbitrator' s powers shall be limited to deciding whether the Employer Board has violated the express articles or sections of this Agreement; and he/she the arbitrator shall not imply obligations and conditions binding upon the Employer Board from this Agreement, it being . It is understood that any matter not specifically set forth herein remains within with the reserved rights of the EmployerBoard. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide5. In rendering a decision, an the 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. 56. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine have to decide if the arbitrability of said disputegrievance is arbitrable. By stipulation of In the parties, the Arbitrator shall have the authority event that a case is appealed to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she an arbitrator on which there is without jurisdiction no power to rule, the matter it shall be dismissed referred back to the parties without decision or recommendation on the its 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 excess of such authority. 67. There shall be no appeal from the an arbitrator’s ' s decision if within the scope of his/her the arbitrator' s authority as set forth above. It shall be final and binding on upon the Association, its members, the employee secretary or employees involved secretaries involved, and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and AwardBoard. 78. The fees and expenses of the arbitrator shall be shared equally by the Association parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 9. Claims for back pay: All grievances must be filed in writing within five (5) calendar days from the time the alleged violation occurred. The Board shall not be required to pay back wages more than seven (7) calendar days prior to the date a written grievance is filed except in the case of a pay shortage of which the secretary could not have been aware before receiving pay. Any adjustment shall be retroactive to the beginning of the pay period covered by such pay, if the secretary files the grievance within seven (7) calendar days after receipt of the pay. a. All claims for back wages shall be limited to the amount of wages that the secretary would otherwise have earned, less any compensation that may have been received from any source during the period of the back pay. b. No decision in any one case shall require a retro-active wage adjustment in any other case, unless other cases were filed and pending on the representative case. 10. The arbitrator cannot grant relief extending beyond the termination date of this Agreement. 11. It is understood that the arbitration clause shall not be applicable to the grievance procedure when such grievance arises in the period between the termination of the present agreement and the Employereffective date of its successor. 12. The arbitrator may not make an award, which, in effect, grants the grievant and/or the Association that which it was unable to secure during collective negotiations.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and he/she shall be empoweredArbitrator, except as his/her the arbitrator's 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 salary scales or change any salary. 3. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect The termination of services of, or failure to re-employ, any probationary employees including, but not limited to, discipline and discharge.employee; b. Any claim or the placing of a probationary employee on additional probation; c. any matter involving employee evaluation; d. any 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. 34. He/she The arbitrator shall have no power to change any practice, policy, policy or rule of the Employer Board, nor to substitute his/her judgment for that of the Employer Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by the EmployerBoard. His/her power The arbitrator's powers shall be limited to deciding whether the Employer Board has violated the express articles or sections of this Agreement; and he/she the arbitrator shall not imply obligations and conditions binding upon the Employer Board from this Agreement, it being . It is understood that any matter not specifically set forth herein remains within with the reserved rights of the EmployerBoard. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide5. In rendering a decisiondecisions, an the 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. 56. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine have to decide if the arbitrability of said disputegrievance is arbitrable. By stipulation of In the parties, the Arbitrator shall have the authority event that a case is appealed to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she an arbitrator on which there is without jurisdiction no power to rule, the matter it shall be dismissed referred back to the parties without decision or recommendation on the its 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 excess of such authority. 67. There shall be no appeal from the an arbitrator’s 's decision if within the scope of his/her the arbitrator's authority as set forth above. It shall be final and binding on upon the Association, its members, the employee or employees involved employee(s) involved, and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and AwardBoard. 78. The fees and expenses of the arbitrator shall be shared equally by the Association parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 9. All arbitration hearings shall be held in the school district. 10. Claims for back pay: All grievances must be filed in writing within (5) calendar days from the time the alleged violation occurred. The Board shall not be required to pay back wages more than seven (7) calendar days prior to the date a written grievance is filed except in the case of a pay shortage of which the employee could not have been aware before receiving pay. Any adjustment shall be retroactive to the beginning of the pay period covered by such pay, if the employee files the grievance within seven (7) calendar days after receipt of the pay. a. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that may have been received from any source during the period of the back pay. b. No decision in any one case shall require a retroactive wage adjustment in any other case, unless other cases were filed and pending on the representative case. 11. The arbitrator cannot grant relief extending beyond the termination date of this Agreement. 12. It is understood that the arbitration clause shall not be applicable to the grievance procedure when such grievance arises in the period between the termination of the present Agreement and the Employereffective date of its successor. 13. The arbitrator may not make an award which, in effect, grants the grievant and/or the Association that which it was unable to secure during collective negotiations.

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 Articles and sections Sections of this Agreement. 1. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. 2. The arbitrator 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. Actions taken The discharge, demotion, and/or non-renewal of any probationary or tenured teacher pursuant to the provisions of the Michigan Tenure Act. However, should the just cause standard of the Michigan Tenure Act for demotion and discharge of a tenured teacher be repealed or abrogated by amendment, the Employer provisions of the 1990-93 Agreement between the parties shall prevail with respect to probationary employees including, but not limited to, discipline and dischargethis Subsection. b. The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule. c. Any claim or complaint for which there is another remedial procedure or of forum established by law or by regulation having the force of law, including any matter subject to the procedures specified In the Teacher Tenure Act (Act IV, Public Acts, extra session of 1937 of Michigan, as amended). c. d. Any matter involving teacher evaluation provided that the content provisions of an employee evaluationArticle XI have been complied with. 34. He/she shall have no power to change any practice, policy, policy or rule of the Employer Board nor to substitute his/her judgment for that of the Employer Board as to the reasonableness reasonable ness of any such practice, policy, rule, or any action taken by the EmployerBoard. His/her power powers shall be limited to deciding whether the Employer Board has violated the express articles or sections expressed Articles of 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. 45. 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 excess of such authority. 6. There shall be no appeal from the an arbitrator’s 's decision if said decision is within the scope of his/her the arbitrator's authority as set forth above. It Said decision shall be final and binding on the Association, its members, the and employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7Board. The fees and expenses of the arbitrator shall be shared equally by the Association and the EmployerBoard shall discourage any attempt on the part of its members to engage in any frivolous appeal to any court or labor board from a decision of an arbitrator and the Association, Board, and all members shall similarly refrain from encouraging its North Xxxxx-Xxxxxx Education Association, MEA/NEA July 1, 2023 – June 30,2024 1 membership from bringing about a settlement of any grievance as herein defined by any other means.

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 Agreementagreement. (1. .) The arbitrator shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreementagreement. (2. .) The arbitrator shall have no power to establish salary scales. (3.) The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to (a.) The termination of services of any probationary employees including, but not limited to, discipline and discharge. b. employee. (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(4. 3. He/she ) The arbitrator shall have no power to change any practice, policy, or rule of the Employer 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 EmployerEmployer permitted under the terms of this Agreement. His/her The arbitrator's power shall be limited to deciding whether the Employer has violated the express expressed 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 (5.) The arbitrator shall have no power to decide any question questions which, under this Agreement, is within the responsibility of management the Employer to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management the Employer 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 excess of such authority(6. 6. ) There shall be no appeal from the an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved involved, and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. (7. .) The fees and expenses of the arbitrator shall be shared equally by the Association and responsibility of the Employerparty seeking arbitration.

Xxxxxx of the Arbitrator. It shall be the function of the arbitratorArbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of an alleged violation of the specific articles Articles and sections of this Agreement. 1. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. His/her authority shall be limited to deciding whether a specific Article or section of this Agreement has been violated and shall be subject to, in all cases, the rights, responsibilities, and authority of the parties under the Michigan Revised School Code or any other state or federal laws. 2. The arbitrator He/she shall have no power to rule on upon the termination of services of or failure to re- employ any probationary bargaining unit member. 3. He/she shall have no power to change any practice, policy, or rule of the following: a. Actions District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer District provided that the same are not in conflict with respect to probationary employees including, but not limited to, discipline and dischargethe express provisions of this Agreement. b. Any claim or complaint 4. He/she shall have no power to decide claims 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. 35. He/she shall have no power to change rule upon an employee evaluation, layoff or recall, assignment, nor any practice, policy, claim or rule complaint which constitutes a prohibited subject 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 Employerbargaining. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide6. In rendering a decisiondecisions, an arbitrator 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, responsibilities except as they may be specifically conditioned by this Agreement. The Arbitrator shall not usurp the functions of the District or the proper exercise of its judgment and discretion under the law and this Agreement. 57. If either party disputes In the arbitrability 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 a decision or recommendation on its merits. 8. The decision and award of any grievance the arbitrator will be in accordance with his/her jurisdiction and authority under the terms of this Agreement, and shall be accepted as final and binding by the arbitrator shall first determine District, the arbitrability of said disputeUnion, and the employee or employees involved. 9. By stipulation Where no compensation and/or fringe benefit loss has been caused by the action of the partiesDistrict complained of, the District shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. 10. In no event shall the authority District be required to concurrently hear both pay back wages more than thirty (30) days prior to the jurisdictional issues and date a written grievance is filed. a. All claims for back wages shall be limited to the merits amount of wages that the dispute in the same proceeding. Should the Arbitrator determine grievant would otherwise have earned or could have reasonably earned less any compensation that he/she is without jurisdiction to rule, may receive from any source during the matter period of back pay. b. No decision in any case shall require retroactive wage adjustment in any other case. 11. No more than one grievance may be dismissed without decision on the merits. Submission of jurisdictional issues to considered by the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either at the authority same time except on express written mutual consent of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final District and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

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, alter or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to establish salary scales. 3. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to The termination of services of any probationary employees including, but not limited to, discipline and dischargeemployee. 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. 34. He/she The arbitrator shall have no power to change any practice, policy, 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, rule or any action taken by the EmployerEmployer permitted under the terms of this Agreement. His/her The arbitrator's power shall be limited to deciding whether the Employer has violated the express expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreementagreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 45. He/she The arbitrator shall have no power to decide any question questions which, under this Agreement, is within the responsibility of management the Employer to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management the Employer 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 excess of such authority. 6. There shall be no appeal from the an arbitrator’s 's decision if within the scope of his/her authority as set forth above. It shall be final and binding on the AssociationUnion, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association Union and the Employer.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her the arbitrator's 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 salary scales or change any salary. 3. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect The termination of services of, or failure to re-employ any probationary employees including, but not limited to, discipline and discharge.employee; b. The placing of a probationary employee on additional probation; c. Any claim or matter involving employee evaluation; d. Any 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. 34. He/she The arbitrator shall have no power to change any practice, policy, policy or rule of the Employer Board, nor to substitute his/her judgment for that of the Employer Board as to the reasonableness of any such practice, policy, rule, rules or any action taken by the EmployerBoard. His/her power The arbitrator's powers shall be limited to deciding whether the Employer Board has violated the express articles or sections of this Agreement; and he/she the arbitrator shall not imply obligations and conditions binding upon the Employer Board from this Agreement, it being Agreement unless the arbitrator finds that the Board has violated this agreement. It is understood that any matter not specifically set forth herein remains within with the reserved rights of the EmployerBoard. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide5. In rendering a decision, an the 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. 56. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine have to decide if the arbitrability of said disputegrievance is arbitrable. By stipulation of In the parties, the Arbitrator shall have the authority event that a case is appealed to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she an arbitrator on which there is without jurisdiction no power to rule, the matter it shall be dismissed referred back to the parties without decision or recommendation on the its 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 excess of such authority. 67. There shall be no appeal from the an arbitrator’s 's decision if within the scope of his/her the arbitrator's authority as set forth above. It shall be final and binding on upon the AssociationFederation, its members, the employee or employees involved involved, and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and AwardBoard. 78. The fees and expenses of the arbitrator shall be shared equally by the Association parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 9. Claims for back pay: All grievances must be filed in writing within five (5) calendar days from the time the alleged violation occurred. The Board shall not be required to pay back wages more than seven (7) calendar days prior to the date a written grievance is filed except in the case of a pay shortage of which the employee could not have been aware before receiving pay. Any adjustment shall be retroactive to the beginning of the pay period covered by such pay, if the employee files the grievance within seven (7) calendar days after receipt of the pay. a. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that may have been received from any source during the period of the back pay. b. No decision in any one case shall require a retro-active wage adjustment in any other case, unless other cases were filed and pending on the representative case. 10. The arbitrator cannot grant relief extending beyond the termination date of this Agreement. 11. It is understood that the arbitration clause shall not be applicable to the grievance procedure when such grievance arises in the period between the termination of the present agreement and the Employereffective date of its successor. 12. The arbitrator may not make an award, which, in effect, grants the grievant and/or the Federation that which it was unable to secure during collective negotiations.

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 Articles and sections Sections of this Agreement. 1. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. 2. The arbitrator 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. Actions taken The discharge, demotion, and/or non-renewal of any probationary or tenured teacher pursuant to the provisions of the Michigan Tenure Act. However, should the just cause standard of the Michigan Tenure Act for demotion and discharge of a tenured teacher be repealed or abrogated by amendment, the Employer provisions of the 1990-93 Agreement between the parties shall prevail with respect to probationary employees including, but not limited to, discipline and dischargethis Subsection. b. The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule. c. Any claim or complaint for which there is another remedial procedure or of forum established by law or by regulation having the force of law, including any matter subject to the procedures specified In the Teacher Tenure Act (Act IV, Public Acts, extra session of 1937 of Michigan, as amended). c. d. Any matter involving teacher evaluation provided that the content provisions of an employee evaluationArticle XI have been complied with. 34. He/she shall have no power to change any practice, policy, policy or rule of the Employer Board nor to substitute his/her judgment for that of the Employer Board as to the reasonableness reasonable ness of any such practice, policy, rule, or any action taken by the EmployerBoard. His/her power powers shall be limited to deciding whether the Employer Board has violated the express articles or sections expressed Articles of 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. 45. 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 excess of such authority. 6. There shall be no appeal from the an arbitrator’s 's decision if said decision is within the scope of his/her the arbitrator's authority as set forth above. It Said decision shall be final and binding on the Association, its members, the and employee or employees involved and the EmployerBoard. Any litigation The Association and the Board shall discourage any attempt on the part of its members to vacate engage in any frivolous appeal to any court or enforce labor board from a decision of an arbitrator and the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion Association, Board, and Award.all members shall similarly refrain from encouraging its 7. The fees and expenses membership from bringing about a settlement of the arbitrator shall be shared equally any grievance as herein defined by the Association and the Employerany other means.

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 establish salary scales. 3. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to The termination of services of any probationary employees including, but not limited to, discipline and dischargeemployee. 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. 34. He/she The arbitrator shall have no power to change any practice, policy, 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, rule or any action taken by the EmployerEmployer permitted under the terms of this Agreement. His/her The arbitrator's power shall be limited to deciding whether the Employer has violated the express expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreementagreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 45. He/she The arbitrator shall have no power to decide any question questions which, under this Agreement, is within the responsibility of management the Employer to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management the Employer 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 excess of such authority. 6. There shall be no appeal from the an arbitrator’s 's decision if within the scope of his/her authority as set forth above. It shall be final and binding on the AssociationUnion, its members, the employee or employees involved involved, and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association Union and the Employer.

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 Agreementagreement. (1. .) The arbitrator shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreementagreement. (2. .) The arbitrator shall have no power to establish salary scales. (3.) The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to : (a.) The termination of services of any probationary employees including, but not limited to, discipline and discharge. b. employee. (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(4. 3. He/she ) The arbitrator shall have no power to change any practice, policy, or rule of the Employer 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 EmployerEmployer permitted under the terms of this Agreement. His/her The arbitrator's power shall be limited to deciding whether the Employer has violated the express expressed 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 (5.) The arbitrator shall have no power to decide any question questions which, under this Agreement, is within the responsibility of management the Employer to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management the Employer 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 excess of such authority(6. 6. ) There shall be no appeal from the an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved involved, and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. (7. .) The fees and expenses of the arbitrator shall be shared equally by the Association and responsibility of the Employerparty seeking arbitration.