Common use of Xxxxxx of the Arbitrator Clause in Contracts

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he shall be empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement: 1. He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. He shall have no power to establish salary scales or change any salary. 3. He shall have no power to change any practice, policy, or rule of the Board nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. His powers shall be limited to deciding whether the Board has violated the express articles or sections of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 4. He shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the case. 6. The fees and expenses of the arbitration shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he he/she shall be so empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections Articles of this Agreement:. 1. He He/she shall have no power to add to, subtract from, from disregard, alter, alter or modify any of the terms of this Agreement. 2. He He/she shall have no power to establish salary scales wage rates or to change any salaryrate, except as modified by Subsection 5 of this Section. 3. He He/she shall have no power to rule on the termination of service or failure to re-employ any probationary employee so long as the Michigan Tenure Act of 1965 is in effect. 4. He/she shall have no power to change any practice, policy, or rule of the Board nor of Education or to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by of the Board. 5. His His/her powers shall be limited to deciding whether the Board has violated the express articles Article or sections Sections of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 4. He shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide6. In rendering decisions, an 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. Decisions of the arbitrator will be final and binding upon both parties. 57. If either party disputes In the arbitrability of any grievance under event that a case is appealed to an arbitrator on whom he/she has no power to rule, it shall be referred back to the terms parties without decision or recommendation on its merits. 8. The impartial arbitrator shall have the authority to order full, partial or no compensation for time lost subject to Items 1 through 7 of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the caseParagraph. 6. The fees and expenses of the arbitration shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he he/she shall be empowered, empowered except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles Specific Articles and sections Sections of this Agreement:Master Contract. 1. He He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this AgreementMaster Contract. 2. He He/she shall have no power to establish salary scales structures or change any salary, except claims for back pay as a result of misplacement within the salary range. 3. He/she shall have no power to rule on any of the following: i. The termination of services of or failure to reemploy any non-tenure employee. ii. The termination of services or failure to reemploy any employee to a position on the extra- curricular schedule. 4. He shall have no power to change any practice, policy, or rule of the Board nor unless it is in violation of this contract. 5. In the event that a case is appealed to substitute his judgment for that of the Board as an arbitrator on which he/she has no power to rule, it shall be referred back to the reasonableness of any such practice, policy, rule, parties without decision or any action taken by the Boardrecommendation on its merits. 6. His powers There shall be limited to deciding whether no appeal from an arbitrator's decision if within the Board has violated the express articles or sections scope of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically his authority as set forth herein remains within above. It shall be final and binding on the reserved rights of Association, its members, the employee or employees involved, the administration, and the Board. 4. He shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the case. 67. The fees and expenses of the arbitration arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. 8. Teachers who appear as witnesses Except for claims for back pay, all grievances shall be filed within thirty contract days of the time the grievance arises. i. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, plus interest less any unemployment or other compensation that he/she may use unused personal dayshave received from any source during the period of the back pay. ii. In these cases, No decision in any one case shall require a retroactive wage adjustment in any other case. 9. The fact that the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound grievance has been considered by the award parties in the preceding steps of the arbitrator, subject only to legal remedies afforded by courts grievance shall not constitute a waiver of competent jurisdictionjurisdictional limitations upon the arbitrator in the Master Contract.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he he/she shall be empowered, empowered except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles Specific Articles and sections Sections of this Agreement:Master Contract. 1. He He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this AgreementMaster Contract. 2. He He/she shall have no power to establish salary scales structures or change any salary, except claims for back pay as a result of misplacement on the salary schedules. 3. He/she shall have no power to rule on any of the following: a). The termination of services of or failure to reemploy any non-tenure employee. b). The termination of services or failure to reemploy any employee to a position on the extra- curricular schedule. 4. He shall have no power to change any practice, policy, or rule of the Board nor unless it is in violation of this contract. 5. In the event that a case is appealed to substitute his judgment for that of the Board as an arbitrator on which he/she has no power to rule, it shall be referred back to the reasonableness of any such practice, policy, rule, parties without decision or any action taken by the Boardrecommendation on its merits. 6. His powers There shall be limited to deciding whether no appeal from an arbitrator's decision if within the Board has violated the express articles or sections scope of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically his authority as set forth herein remains within above. It shall be final and binding on the reserved rights of Association, its members, the employee or employees involved, the administration, and the Board. 4. He shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the case. 67. The fees and expenses of the arbitration arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. 8. Teachers who appear as witnesses Except for claims for back pay, all grievances shall be filed within thirty contract days of the time the grievance arises. a). All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, plus interest less any unemployment or other compensation that he/she may use unused personal dayshave received from any source during the period of the back pay. b). In these cases, No decision in any one case shall require a retroactive wage adjustment in any other case. 9. The fact that the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound grievance has been considered by the award parties in the preceding steps of the arbitrator, subject only to legal remedies afforded by courts grievance shall not constitute a waiver of competent jurisdictionjurisdictional limitations upon the arbitrator in the Master Contract.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he he/she shall be empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement: 1. He He/She shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.Agreement.‌ 2. He He/She shall have no power to establish salary scales or change any salary. 3. He He/She shall have no power to change any practice, policy, or rule of the School Board nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. His His/Her powers shall be limited to deciding whether the Board has violated the express articles or sections of this Agreement; and he he/she shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 4. He He/She shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the case. 6. The fees and expenses of the arbitration shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. R-18 Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he he/she shall be empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement: 1. He He/She shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. He He/She shall have no power to establish salary scales or change any salary. 3. He He/She shall have no power to change any practice, policy, or rule of the School Board nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. His His/Her powers shall be limited to deciding whether the Board has violated the express articles or sections of this Agreement; and he he/she shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 4. He He/She shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the case. 6. The fees and expenses of the arbitration shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. R-18 Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and the arbitrator and he shall be empowered, except as his 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 and sections of this Agreement:. 1. He The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. He The arbitrator shall have no power to establish salary new wage scales or change any salarywage established in this contract. 3. He The arbitrator shall have no power to change any practice, policy, or rule of the Board nor to substitute his judgment for that of the Board except as to the reasonableness of any such practicethese practices, policy, rulepolicies, or any action taken by the Boardrules are in violation of this contract. His The arbitrator's powers shall be limited to deciding whether the Board has violated the express violated, misinterpreted, or misapplied articles or sections of this Agreement; and he the arbitrator shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved and legal rights of the Board. 4. He shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If Should either party disputes dispute the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first rule in writing upon arbitrability before proceeding the question of arbitrability. Should it be determined that the matter is not arbitrable, it shall be referred back to the merits parties without recommendation on its merits. 5. Both parties agree to be bound by the award of the casearbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. 6. The fees and expenses of the arbitration arbitrator shall be shared equally by the Board and the Association. 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, and neither . Neither party shall be responsible for the expense of witnesses called by the other. 7. Teachers who appear as witnesses may use unused personal days. In these cases, The rights granted school management under the Association agrees to pay Tenure Act shall not be reviewable under the cost provisions of substitute teachers. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdictionthis article.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he he/she shall be empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement:. 1. He He/She shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. He He/She shall have no power to establish salary scales or change any salary. 3. He He/She shall have no power to change any practice, policy, or rule of the Board nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. His His/Her powers shall be limited to deciding whether the Board has violated the express articles or sections of this Agreement; , and he he/she shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein herein, remains within the reserved rights of the Board. 4. He He/She shall have no power to decide any question questions which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the case. 6. The fees and expenses of the arbitration arbitrator shall be shared equally by the Board and the AssociationUnion. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. 7. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by the courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he shall be empowered, except as his powers are limited below, below after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this the Agreement:. 1. a) He shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. 2. b) He shall have no power to establish salary scales or change any salary, unless in violation of this Agreement. He shall have no power to rule on any of the following: 1) The termination of services of or failure to reemploy any probationary teacher. 2) The placing of a non-tenure teacher on a third year probation. 3. ) The termination of services or failure to reemploy any teacher to a position on the extracurricular schedules. 4) Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teachers Tenure Act (Act 4 of Public Acts, extra session, of 1947 of Michigan, as amended). 5) He shall have no power to change any practice, policy, policy or rule of the Board nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by the BoardBoard unless in violation of this Agreement. His powers shall be limited to deciding whether the Board has violated the express articles or sections of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 4. 6) He shall have no power to decide any question which, under this Agreement, is within the responsibility of management the Board to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management the Board 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) There shall be no appeal from an arbitrator’s decision if within the scope of his authority as set forth above. If either party disputes It shall be final and binding on the arbitrability Association, its members, the employee or employees involved, and the Board. The Association shall discourage any attempt of its members, and shall not encourage or cooperate with any of its members, in any appeal to any court or labor board from a decision of an arbitrator nor shall the Association or its members by any other means attempt to bring about the settlement of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the casegrievance. 6. 8) The fees and expenses of the arbitration arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator arbitrator, and he he/she shall be empowered, empowered except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles Specific Articles and sections Sections of this Agreement:Master Contract. 1. He He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this AgreementMaster Contract. 2. He He/she shall have no power to establish salary scales structures or change any salary, except claims for back pay as a result of misplacement within the salary range. 3. He/she shall have no power to rule on any of the following: a). The termination of services of or failure to reemploy any non-tenure employee. b). The termination of services or failure to reemploy any employee to a position on the extra- curricular schedule. 4. He shall have no power to change any practice, policy, or rule of the Board nor unless it is in violation of this contract. 5. In the event that a case is appealed to substitute his judgment for that of the Board as an arbitrator on which he/she has no power to rule, it shall be referred back to the reasonableness of any such practice, policy, rule, parties without decision or any action taken by the Boardrecommendation on its merits. 6. His powers There shall be limited to deciding whether no appeal from an arbitrator's decision if within the Board has violated the express articles or sections scope of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically his authority as set forth herein remains within above. It shall be final and binding on the reserved rights of Association, its members, the employee or employees involved, the administration, and the Board. 4. He shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the case. 67. The fees and expenses of the arbitration arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. 8. Teachers who appear as witnesses Except for claims for back pay, all grievances shall be filed within thirty contract days of the time the grievance arises. a). All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, plus interest less any unemployment or other compensation that he/she may use unused personal dayshave received from any source during the period of the back pay. b). In these cases, No decision in any one case shall require a retroactive wage adjustment in any other case. 9. The fact that the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound grievance has been considered by the award parties in the preceding steps of the arbitrator, subject only to legal remedies afforded by courts grievance shall not constitute a waiver of competent jurisdictionjurisdictional limitations upon the arbitrator in the Master Contract.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he he/she shall be so empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections Articles of this Agreement:. 1. He He/she shall have no power to add to, subtract from, from disregard, alter, alter or modify any of the terms of this Agreement. 2. He He/she shall have no power to establish salary scales wage rates or to change any salaryrate, except as modified by Subsection 5 of this Section. 3. He He/she shall have no power to rule on the termination of service or failure to re-employ any employee so long as the Michigan Tenure Act of 1965 is in effect. 4. He/she shall have no power to change any practice, policy, or rule of the Board nor of Education or to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by of the Board. 5. His He/She shall not rule on evaluation, layoff/recall, discipline, placement or assignment, or prohibited subjects of bargaining. 6. His/her powers shall be limited to deciding whether the Board has violated the express articles Article or sections Sections of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 4. He shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide7. In rendering decisions, an 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. Decisions of the arbitrator will be final and binding upon both parties. 58. If either party disputes In the arbitrability of any grievance under event that a case is appealed to an arbitrator on whom he/she has no power to rule, it shall be referred back to the terms parties without decision or recommendation on its merits. 9. The impartial arbitrator shall have the authority to order full, partial or no compensation for time lost subject to Items 1 through 7 of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the caseParagraph. 6. The fees and expenses of the arbitration shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he he/she shall be so empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections Articles of this Agreement:. 1. He He/she shall have no power to add to, subtract from, from disregard, alter, alter or modify any of the terms of this Agreement. 2. He He/she shall have no power to establish salary scales rule on the termination of service or change failure to re-employ any salaryemployee so long as the Michigan Tenure Act of 1965 is in effect. 3. He He/she shall have no power to change any practice, policy, or rule of the Board nor of Education or to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by of the Board. 4. His He/She shall not rule on evaluation, layoff/recall, discipline, placement or assignment, or prohibited subjects of bargaining. 5. His/her powers shall be limited to deciding whether the Board has violated the express articles Article or sections Sections of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 4. He shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide6. In rendering decisions, an 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. Decisions of the arbitrator will be final and binding upon both parties. 57. If either party disputes In the arbitrability of any grievance under event that a case is appealed to an arbitrator on whom he/she has no power to rule, it shall be referred back to the terms parties without decision or recommendation on its merits. 8. The impartial arbitrator shall have the authority to order full, partial or no compensation for time lost subject to Items 1 through 7 of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the caseParagraph. 6. The fees and expenses of the arbitration shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he he/she shall be empowered, except as his his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement:. 1. He He/She shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. 2. He He/She shall have no power to establish salary scales or change any salary. 3. He He/She shall have no power to change any practice, policy, policy or rule of the Board nor to substitute his his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by the Board. His His/Her powers shall be limited to deciding whether the Board has violated the express articles or sections of this Agreement; , and he he/she shall not imply obligations and conditions binding upon the Board from this Agreement, ; it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 4. He He/She shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule rule, in writing writing, upon arbitrability before proceeding to the merits of the case. 6. The fees and expenses of the arbitration arbitrator shall be shared equally by the Board and the AssociationUnion. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. 7. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he he/she shall be empowered, except as his their powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement: 1. He They shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreementagreement. 2. He They shall have no power to establish salary scales or change any salary. 3. He They shall have no power to change any practice, policy, or rule of the School Board nor to substitute his their judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. His They powers shall be limited to deciding whether the Board has violated the express articles or sections of this Agreement; and he they shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 4. He They shall have no power to decide any question that which, under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement so that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding to the merits of the case. 6. The fees and expenses of the arbitration shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.

Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and the arbitrator and he shall be empowered, empowered except as his their 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. He The arbitrator shall have no power to add to, subtract from, disregard, alter, alter or modify any of the terms of this Agreement. 2. He The arbitrator shall have no power to establish new salary scales or change any salaryscales. 3. He The arbitrator shall have no power to rule on any of the following: a. The termination of services of, or failure to re-employ any probationary teacher. b. The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule. 4. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor to substitute his the arbitrator’s judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. His powers The arbitrator’s power shall be specifically limited to deciding whether the Board has violated the express articles or sections of this Agreement; and he shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 45. He The arbitrator shall have no power to decide any question whichquestion, which under this Agreement, is within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 56. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall rule in writing upon arbitrability before proceeding first determine the question of arbitrability. In the event that a case is appealed to an arbitrator, on which the arbitrator has no power to rule, it shall be referred back to the merits of the caseparties without a decision or recommendation on its merits. 67. There shall be no appeal from an arbitrator’s decision. 8. The fees and expenses of the arbitration arbitrator shall be shared equally by the Board and the AssociationFederation. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Teachers who appear as witnesses may use unused personal days. In these cases, the Association agrees to pay the cost of substitute teachers. Both parties agree to be bound by the award of the arbitrator, subject only to legal remedies afforded by courts of competent jurisdiction.