Common use of Arbitrator's Jurisdiction Clause in Contracts

Arbitrator's Jurisdiction. The arbitrator’s jurisdiction shall be limited to the application and interpretation of this Agreement as written; he shall be governed wholly by the express terms of this Agreement. The arbitrator shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly. The arbitrator shall have no authority to rule on the Employer’s reserved rights not otherwise abrogated by the express terms of this Agreement. If the issue of procedural arbitrability is raised, the arbitrator shall first decide that question before he shall be permitted to decide the merits of the grievance. The Union acknowledges that the arbitrator is limited by the express provisions of Managements Reserved Rights, Section 3.1(a) and that any grievance involving such exclusive rights shall not be arbitrable. The award of the arbitrator shall not be retroactive any earlier than the time the grievance could be presented and in no event prior to seventy-five (75) calendar days from the date the grievance was submitted in writing. The arbitrator’s decision shall be final and binding on the Employer, Union and employees in the bargaining unit, provided however, either party shall have the right to challenge the arbitrator’s decision or procedure in the courts, if the arbitrator has exceeded his jurisdiction as provided herein. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any unemployment compensation or compensation for personal services that the employee may have received from any source during the period in question.

Appears in 3 contracts

Samples: Tentative Agreement, www.local459.org, facebookpage.local459.org

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Arbitrator's Jurisdiction. The arbitrator’s jurisdiction powers shall be limited to the application and interpretation of this Agreement as written; he . He shall be at all times wholly governed wholly by the express terms of this Agreement. The arbitrator , and he shall have no power or authority to amend, alter or modify this Agreement either directly or indirectlyin any respect. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement, as generalized in Section 3.1 hereof. The arbitrator shall have no authority to rule on the Employer’s reserved rights upon job descriptions, work assignments (not otherwise abrogated by the express terms of this Agreementreclassification), work standards or personnel requirements. If the issue of procedural arbitrability is raised, the arbitrator shall first decide that question before he shall be permitted to only decide the merits of the grievancegrievance if arbitrability is affirmatively decided. The Union acknowledges that the arbitrator is limited by the express provisions of Managements Reserved Rights, Section 3.1(a) and that any grievance involving such exclusive rights shall not be arbitrable. The award Any reward of the arbitrator shall not be retroactive any earlier more than fifteen (15) days prior to the time that the grievance was first submitted in writing; provided, however, that in situations where the events causing the grievance were unknown to the grievant, if appropriate, the award may be retroactive not more than sixty (60) days prior to the time the grievance could be presented and in no event prior to seventy-five (75) calendar days from the date the grievance was first submitted in writing. The arbitrator shall have no authority to award interest on monetary awards. The arbitrator’s decision shall be final and binding on the EmployerUnion, Union the County and employees in the bargaining unitits employees, provided provided, however, either party shall have the right retains all legal rights to challenge arbitration and decisions thereof where the arbitrator’s decision award was procured by fraud or procedure in the courtsundue means, if or where the arbitrator has was guilty of misconduct or exceeded his jurisdiction as provided hereinpowers or jurisdiction. All claims for back wages Nothing herein shall be limited construed as limiting either party from challenging the decision of the arbitrator as to the amount arbitrability of wages that the employee would otherwise have earned, less any unemployment compensation or compensation for personal services that the employee may have received from any source during the period in questionan issue.

Appears in 2 contracts

Samples: Agreement, Agreement

Arbitrator's Jurisdiction. The arbitrator’s jurisdiction powers shall be limited to the application and interpretation of this Agreement as written; he . He shall be at all times wholly governed wholly by the express terms of this Agreement. The arbitrator , and they shall have no power or authority to amend, alter or modify this Agreement either directly or indirectlyin any respect. The Union acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement, as generalized in Section 3.1 hereof. The arbitrator shall have no authority to rule on the Employer’s reserved rights upon job descriptions, work assignments (not otherwise abrogated by the express terms of this Agreementreclassification), work standards or personnel requirements. If the issue of procedural arbitrability is raised, the arbitrator shall first decide that question before he shall be permitted to only decide the merits of the grievancegrievance if arbitrability is affirmatively decided. The Union acknowledges that the arbitrator is limited by the express provisions of Managements Reserved Rights, Section 3.1(a) and that any grievance involving such exclusive rights shall not be arbitrable. The award Any reward of the arbitrator shall not be retroactive any earlier more than fifteen (15) days prior to the time that the grievance was first submitted in writing; provided, however, that in situations where the events causing the grievance were unknown to the grievant, if appropriate, the award may be retroactive not more than sixty (60) days prior to the time the grievance could be presented and in no event prior to seventy-five (75) calendar days from the date the grievance was first submitted in writing. The arbitrator shall have no authority to award interest on monetary awards. The arbitrator’s decision shall be final and binding on the EmployerUnion, Union the County and employees in the bargaining unitits employees, provided provided, however, either party shall have the right retains all legal rights to challenge arbitration and decisions thereof where the arbitrator’s decision award was procured by fraud or procedure in the courtsundue means, if or where the arbitrator has was guilty of misconduct or exceeded his jurisdiction as provided hereintheir powers or jurisdiction. All claims for back wages Nothing herein shall be limited construed as limiting either party from challenging the decision of the arbitrator as to the amount arbitrability of wages that the employee would otherwise have earned, less any unemployment compensation or compensation for personal services that the employee may have received from any source during the period in questionan issue.

Appears in 2 contracts

Samples: Agreement, Agreement

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Arbitrator's Jurisdiction. The arbitrator’s jurisdiction shall be limited to the application and interpretation of this Agreement as written; he , he/she shall be governed wholly by the express terms of this Agreement. The arbitrator shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly. The arbitrator shall have no authority to rule on the Employer’s reserved rights not otherwise abrogated by the express terms of this Agreement. If the issue of procedural arbitrability is raised, the arbitrator shall first decide that question before he he/she shall be permitted to decide the merits of the grievance. The Union acknowledges that the arbitrator is limited by the express provisions of Managements Reserved Rights, Section 3.1(a) and that any grievance involving such exclusive rights shall not be arbitrable. The award of the arbitrator shall not be retroactive any earlier than the time the grievance could be presented and in no event prior to seventy-five (75) calendar days from the date the grievance was submitted in writing. The arbitrator’s decision shall be final and binding on the Employer, Union and employees in the bargaining unit, provided however, either party shall have the right to challenge the arbitrator’s decision or procedure in the courts, if the arbitrator has exceeded his his/her jurisdiction as provided herein. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any unemployment compensation or compensation for personal services that the employee may have received from any source during the period in question.

Appears in 1 contract

Samples: www.local459.org

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