Common use of Authority of the Arbitrator Clause in Contracts

Authority of the Arbitrator. The arbitrator shall neither add to, subtract from, modify, nor alter the terms or provisions of this Agreement. The arbitrator shall refrain from issuing any statement, opinion, or conclusions not essential to determination of the issue submitted. Except as otherwise provided in this Article, the arbitrator shall have no authority to hear or decide any issue or grievance contesting an "academic judgment" as defined in Division B, Section 3 (GRIEVANCES) of this Article. In cases involving "academic judgment" involving the exercise of discretion, the arbitrator shall not substitute his/her judgment for that of the faculty or the administrator. Nor shall the arbitrator review such decision except for the purpose of determining whether the provisions of this Agreement have been followed. If the arbitrator determines that procedural steps have not been followed where an exercise of "academic judgment" is involved, the arbitrator shall remand the matter to the appropriate official or body to be reconsidered in accordance with the relevant procedures. In such case, the arbitrator may not direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure. The arbitrator, however, may direct that the status quo ante be maintained until a judgment is made having properly followed appropriate procedural steps. The arbitrator shall have no authority to determine whether Article 13, Nondiscrimination, has been violated, except with respect to claims alleging discrimination on the basis of Association activity. Other grievances alleging violation of that provision may be taken only through the pre-arbitration levels of the grievance procedure. Nothing in this Agreement precludes employees from filing or pursuing, at any time, claims alleging violations of state or federal non-discrimination laws with outside agencies (e.g. the Oregon Bureau of Labor and Industries or the Equal Employment Opportunity Commission) or courts. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have the authority to make the bargaining unit member whole, but does not have the authority to direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure. The arbitrator shall have no authority to make any decision limiting or interfering in any way with the powers, duties, and responsibilities of the University and the Board that have not been expressly limited by this Agreement.

Authority of the Arbitrator. The arbitrator shall neither add to, subtract from, modify, nor modify or alter the terms or provisions of this Agreement. The arbitrator shall refrain from issuing any statement, opinion, or conclusions not essential to determination of the issue submitted. The arbitrator shall have no authority to hear or decide matters which relate to allegations of discrimination on a basis prohibited by state or federal law, regulation, or rule, except that concerning Union activity. Except as otherwise provided in this Articlesection, the arbitrator shall have no authority to hear or decide any issue or grievance contesting an related to matters involving "academic judgment" as defined in Division BSection 3(b), Section 3 Article 10 (GRIEVANCES) of this ArticleGrievances). In cases involving "academic judgment," involving the exercise of discretion, the arbitrator shall not substitute his/her his judgment for that of the faculty or the administrator. Nor shall the arbitrator review such decision except for the purpose of determining whether the provisions of procedural steps provided in this Agreement have been followed. If the arbitrator determines that procedural steps have not been followed where an exercise of "academic judgment" is involved, the arbitrator shall remand direct that the matter to be reconsidered by the appropriate official or body to be reconsidered in accordance with the relevant procedures. In such case, the arbitrator may not direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenureprocedural steps. The arbitrator, however, arbitrator may direct that the status quo ante be maintained until a judgment is made having properly followed appropriate procedural steps. The arbitrator shall have no authority to determine whether Article 13, Nondiscrimination, has been violated, except with respect to claims alleging discrimination on the basis of Association activity. Other grievances alleging violation of that provision may be taken only through the pre-arbitration levels of the grievance procedure. Nothing in this Agreement precludes employees from filing or pursuing, at any time, claims alleging violations of state or federal non-discrimination laws with outside agencies (e.g. the Oregon Bureau of Labor and Industries or the Equal Employment Opportunity Commission) or courts. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have the authority to make the bargaining unit member whole, but does not have the authority to direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure. The arbitrator shall have no authority to award monetary damages or penalties, but may award back pay to accompany an order of reinstatement. The arbitrator shall have no authority to make any decision decisions limiting or interfering in any way with the powers, duties, and responsibilities of the University and the Board that which have not been expressly limited by this Agreement.

Authority of the Arbitrator. The arbitrator shall neither not add to, subtract from, modify, nor modify or alter the terms or provisions of this Agreement. The arbitrator shall refrain from issuing any statement, opinion, statement or opinion or conclusions not essential to the determination of the issue submitted. Except as otherwise provided in this ArticleThe arbitrator shall have no authority to hear or decide issues or grievances which relate to allegations of discrimination on the basis prohibited by state or federal law, the regulation or rule, except that concerning union activity. The arbitrator shall have no authority to hear or decide any issue or grievance contesting relating to any academic decision or judgment concerning the member as a student. The arbitrator may, however, hear the arguments that an "academic judgment" decision was arbitrary and capricious, discriminatory (except as defined excluded in Division Bthis Agreement), Section 3 (GRIEVANCES) or based on false information, or otherwise contrary to the terms of this ArticleAgreement. In cases involving "academic judgment" involving the exercise of discretionUpon such finding, the arbitrator shall direct the University to reconsider the matter in accordance with its graduate student academic grievance procedure and the arbitrator shall maintain jurisdiction over the case until the University’s review is completed. If discharge of a GE results from the academic decision that satisfactory progress toward a degree is not substitute his/her judgment for being maintained, as provided in ARTICLE 16 (Discipline and Discharge), Section 4, the arbitrator may hear an appeal of a grievance that the GE was not afforded review of the faculty or the administratoracademic decision to which entitled under current graduate student academic grievance procedures. Nor shall the arbitrator review Upon such decision except for the purpose of determining whether the provisions of this Agreement have been followed. If the arbitrator determines that procedural steps have not been followed where an exercise of "academic judgment" is involvedfinding, the arbitrator shall remand instruct the University to reconsider the matter to the appropriate official or body to be reconsidered in accordance with relevant procedures and shall maintain jurisdiction over the relevant procedurescase until the University’s review is completed. In such caseIf the review results in a determination that satisfactory progress has been made, the arbitrator may not direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure. The arbitrator, however, may direct that order reinstatement and/or restitution subject to the status quo ante be maintained until a judgment is made having properly followed appropriate procedural stepslimitations in this Article. The arbitrator shall have no authority to determine whether Article 13reinstate as a GE a person who is no longer a student, Nondiscriminationor who is not qualified to retain an appointment as a GE for academic reasons. The arbitrator’s award may include back pay, has been violated, except with respect to claims alleging discrimination on but the basis of Association activity. Other grievances alleging violation of that provision may be taken only through time period and amount thereof shall not exceed the pre-arbitration levels amount and time of the grievance procedureunfulfilled appointment. Nothing in this Agreement precludes employees from filing The arbitrator shall have no authority either to award reinstatement of an appointment for a period beyond the expiration date or pursuing, at any time, claims alleging violations to exceed the terms and conditions of state or federal non-discrimination laws with outside agencies (e.g. the Oregon Bureau of Labor and Industries or the Equal Employment Opportunity Commission) or courtsoriginal appointment. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have make a decision which is contrary to the authority to make academic policies and academic regulations of the bargaining unit member whole, but does not have the authority to direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenureUniversity. The arbitrator shall have no authority to make any decision limiting or interfering in any way with the powers, duties, duties and responsibilities of the University and the Board that which have not been expressly limited by this Agreement.

Authority of the Arbitrator. The arbitrator derives his or her authority wholly and exclusively from the express terms of this Agreement. The arbitrator shall neither add to, subtract from, modify, nor alter the terms or provisions of this Agreement. The arbitrator shall refrain from issuing any statement, opinion, or conclusions not essential to determination of the issue submitted. Except as otherwise provided in this Articlesection, the arbitrator shall have no authority to hear or decide any issue or grievance contesting an "“academic judgment" ” as defined in Division Section B, Section 3 Article 19 (GRIEVANCES) of this ArticleGrievances). In cases involving "“academic judgment" ” or other administrative judgment involving the exercise of discretion, the arbitrator shall not substitute his/her judgment for that of the faculty or the administrator. Nor shall the arbitrator review such decision except for the purpose of determining whether the provisions of this Agreement have been followed. If the arbitrator determines that procedural steps have not been followed where an exercise of "“academic judgment" ” or administrative discretion is involved, the arbitrator shall remand the matter to the appropriate official or body to be reconsidered in accordance with the relevant proceduresprocedural steps. In such case, the arbitrator may not direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure. The arbitrator, however, may direct that the status quo ante be maintained until a judgment is made having properly followed appropriate procedural steps. The arbitrator If such an arbitration award results in continuing a member in employment beyond the time of the effective date of timely notice of nonrenewal of an appointment, the award shall have no authority to determine whether Article 13, Nondiscrimination, has been violated, except also waive further timely-notice appointments; and with respect to claims alleging discrimination on a member whose timely notice is related to the basis last year before indefinite tenure must be granted (former OAR 580-021-0120 and 580-021-0125), any extension of Association activity. Other grievances alleging violation of that provision may an appointment will be taken only through the predeemed to be in accordance with former OAR 580-arbitration levels of the grievance procedure. Nothing in this Agreement precludes employees from filing or pursuing, at any time, claims alleging violations of state or federal non021-discrimination laws with outside agencies (e.g. the Oregon Bureau of Labor and Industries or the Equal Employment Opportunity Commission) or courts. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have the authority to make the bargaining unit member whole, but does not have the authority to direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure0130. The arbitrator shall have no authority to make any decision limiting or interfering in any way with the powers, duties, and responsibilities of the University and the Board that which have not been expressly limited by this Agreement. The arbitrator’s award may or may not be retroactive as the equalities of each case may demand, but in no case shall an award be retroactive to a date earlier than thirty (30) days before the date the grievance was initially filed, or the date on which the act or omission occurred, whichever is later.

Authority of the Arbitrator. The arbitrator shall neither not add to, subtract from, modify, nor modify or alter the terms or provisions of this Agreement. The arbitrator shall refrain from issuing any statement, opinion, statement or opinion or conclusions not essential to the determination of the issue submitted. Except as otherwise provided in this ArticleThe arbitrator shall have no authority to hear or decide issues or grievances which relate to allegations of discrimination on the basis prohibited by state or federal law, the regulation or rule, except that concerning union activity. The arbitrator shall have no authority to hear or decide any issue or grievance contesting relating to any academic decision or judgment concerning the member as a student. The arbitrator may, however, hear the arguments that an "academic judgment" decision was arbitrary and capricious, discriminatory (except as defined excluded in Division Bthis Agreement), Section 3 (GRIEVANCES) or based on false information, or otherwise contrary to the terms of this ArticleAgreement. In cases involving "academic judgment" involving the exercise of discretionUpon such finding, the arbitrator shall direct the University to reconsider the matter in accordance with its graduate student academic grievance procedure and the arbitrator shall maintain jurisdiction over the case until the University’s review is completed. If discharge of a GTF results from the academic decision that satisfactory progress toward a degree is not substitute his/her judgment for being maintained, as provided in Article 16 (Discipline and Discharge), Section 4, the arbitrator may hear an appeal of a grievance that the GTF was not afforded review of the faculty or the administratoracademic decision to which entitled under current graduate student academic grievance procedures. Nor shall the arbitrator review Upon such decision except for the purpose of determining whether the provisions of this Agreement have been followed. If the arbitrator determines that procedural steps have not been followed where an exercise of "academic judgment" is involvedfinding, the arbitrator shall remand instruct the University to reconsider the matter to the appropriate official or body to be reconsidered in accordance with relevant procedures and shall maintain jurisdiction over the relevant procedurescase until the University’s review is completed. In such caseIf the review results in a determination that satisfactory progress has been made, the arbitrator may not direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure. The arbitrator, however, may direct that order reinstatement and/or restitution subject to the status quo ante be maintained until a judgment is made having properly followed appropriate procedural stepslimitations in this Article. The arbitrator shall have no authority to determine whether Article 13reinstate as a GTF a person who is no longer a student, Nondiscriminationor who is not qualified to retain an appointment as a GTF for academic reasons. The arbitrator’s award may include back pay, has been violated, except with respect to claims alleging discrimination on but the basis of Association activity. Other grievances alleging violation of that provision may be taken only through time period and amount thereof shall not exceed the pre-arbitration levels amount and time of the grievance procedureunfulfilled appointment. Nothing in this Agreement precludes employees from filing The arbitrator shall have no authority either to award reinstatement of an appointment for a period beyond the expiration date or pursuing, at any time, claims alleging violations to exceed the terms and conditions of state or federal non-discrimination laws with outside agencies (e.g. the Oregon Bureau of Labor and Industries or the Equal Employment Opportunity Commission) or courtsoriginal appointment. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have make a decision which is contrary to the authority to make academic policies and academic regulations of the bargaining unit member whole, but does not have the authority to direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenureUniversity. The arbitrator shall have no authority to make any decision limiting or interfering in any way with the powers, duties, duties and responsibilities of the University and the Board that which have not been expressly limited by this Agreement.

Authority of the Arbitrator. The arbitrator derives his or her authority wholly and exclusively from the express terms of this Agreement. The arbitrator shall neither add to, subtract from, modify, nor alter the terms or provisions of this Agreement. The arbitrator shall refrain from issuing any statement, opinion, or conclusions not essential to determination of the issue submitted. Except as otherwise provided in this Articlesection, the arbitrator shall have no authority to hear or decide any issue or grievance contesting an "“academic judgment" ” as defined in Division Section B, Section 3 Article 19 (GRIEVANCES) of this ArticleGrievances). In cases involving "“academic judgment" ” or other administrative judgment involving the exercise of discretion, the arbitrator shall not substitute his/her judgment for that of the faculty or the administrator. Nor shall the arbitrator review such decision except for the purpose of determining whether the provisions of this Agreement have been followed. If the arbitrator determines that procedural steps have not been followed where an exercise of "“academic judgment" ” or administrative discretion is involved, the arbitrator shall remand the matter to the appropriate official or body to be reconsidered in accordance with the relevant proceduresprocedural steps. In such case, the arbitrator may not direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure. The arbitrator, however, may direct that the status quo ante be maintained until a judgment is made having properly followed appropriate procedural steps. The arbitrator If such as arbitration award results in continuing a member in employment beyond the time of the effective date of timely notice of nonrenewable of an appointment, the award shall have no authority to determine whether Article 13, Nondiscrimination, has been violated, except also waive further timely-notice appointments; and with respect to claims alleging discrimination on a member whose timely notice is related to the basis last year before indefinite tenure must be granted (OAR 580-021-0120 and 580-021-0125), any extension of Association activity. Other grievances alleging violation of that provision may an appointment will be taken only through the predeemed to be in accordance with OAR 580-arbitration levels of the grievance procedure. Nothing in this Agreement precludes employees from filing or pursuing, at any time, claims alleging violations of state or federal non021-discrimination laws with outside agencies (e.g. the Oregon Bureau of Labor and Industries or the Equal Employment Opportunity Commission) or courts. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have the authority to make the bargaining unit member whole, but does not have the authority to direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure0130. The arbitrator shall have no authority to make any decision limiting or interfering in any way with the powers, duties, and responsibilities of the University and the Board that which have not been expressly limited by this Agreement. The arbitrator’s award may or may not be retroactive as the equalities of each case may demand, but in no case shall an award be retroactive to a date earlier than thirty (30) days before the date the grievance was initially filed, or the date on which the act or omission occurred, whichever is later.

Authority of the Arbitrator. The arbitrator derives their authority wholly and exclusively from the express terms of this Agreement. The arbitrator shall neither add to, subtract from, modify, nor alter modify the terms or provisions of this Agreement. The arbitrator shall confine the decision solely to the application and/or interpretation of this Agreement and the information provided by the parties during the arbitration proceeding. The arbitrator shall refrain from issuing any statement, opinion, statements of opinion or conclusions not essential necessary to the determination of the issue submitted. Except as otherwise provided in this Article, the The arbitrator shall have no authority to hear make any decision limiting or decide interfering in any issue way with the powers, duties, and responsibilities of Oregon Tech and the Board of Trustees which have not been expressly limited by this Agreement. Nor shall the arbitrator consider the discipline of members of another bargaining unit or grievance contesting an "academic judgment" as defined other Oregon Tech employees who are not members of the bargaining unit represented by the Association in Division B, Section 3 (GRIEVANCES) of this Articlerendering a decision. In cases involving "academic judgment" involving the exercise of discretion, “academic judgment,” the arbitrator shall not substitute his/her their personal judgment for that of the faculty or official who made the administrator. Nor decision, but shall confine the arbitrator review such decision except for the purpose of determining determination to whether the provisions of this Agreement have been followedprocedural steps were followed in making the decision. If the arbitrator determines that procedural steps have were not been followed where an exercise of "academic judgment" is involvedfollowed, the arbitrator shall remand direct the official to reconsider the matter to the appropriate official or body to be reconsidered in accordance with the relevant proceduresprocedural steps. In such case, the arbitrator may not direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure. The arbitrator, however, may direct that the status quo ante be maintained until a judgment decision is made having properly followed following the appropriate procedural steps. The arbitrator shall have no authority to determine whether Article 13, Nondiscrimination, has been violated, except with respect to claims alleging discrimination on the basis of Association activity. Other grievances alleging violation of that provision may be taken only through the pre-If such an arbitration levels of the grievance procedure. Nothing award results in this Agreement precludes employees from filing or pursuing, at any time, claims alleging violations of state or federal non-discrimination laws with outside agencies (e.g. the Oregon Bureau of Labor and Industries or the Equal Employment Opportunity Commission) or courts. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have the authority to make the bargaining unit member whole, but does not have the authority to direct that continuing a bargaining unit member in employment beyond the effective date of timely notice of nonrenewal, then the award shall also waive further timely notice requirements. With respect to a bargaining unit member whose timely notice is related to the last year before indefinite tenure must be reappointedgranted, promoted, or awarded any extension of an appointment shall be considered a written exception that indefinite tenure. The arbitrator shall have no authority to make any decision limiting or interfering in any way with the powers, duties, and responsibilities of the University and the Board that have not been expressly limited by this Agreementtenure must be granted.

Authority of the Arbitrator. The arbitrator derives his or her authority wholly and exclusively from the express terms of this Agreement. The arbitrator shall neither add to, subtract from, modify, nor alter the terms or provisions of this Agreement. The arbitrator shall refrain from issuing any statement, opinion, or conclusions not essential to determination of the issue submitted. Except as otherwise provided in this Articlesection, the arbitrator shall have no authority to hear or decide any issue or grievance contesting an "“academic judgment" ” as defined in Division Section B, Section 3 Article 19 (GRIEVANCES) of this ArticleGrievances). In cases involving "“academic judgment" ” or other administrative judgment involving the exercise of discretion, the arbitrator shall not substitute his/her judgment for that of the faculty or the administrator. Nor shall the arbitrator review such decision except for the purpose of determining whether the provisions of this Agreement have been followed. If the arbitrator determines that procedural steps have not been followed where an exercise of "“academic judgment" ” or administrative discretion is involved, the arbitrator shall remand the matter to the appropriate official or body to be reconsidered in accordance with the relevant proceduresprocedural steps. In such case, the arbitrator may not direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure. The arbitrator, however, may direct that the status quo ante be maintained until a judgment is made having properly followed appropriate procedural steps. The arbitrator If such an arbitration award results in continuing a member in employment beyond the time of the effective date of timely notice of nonrenewal of an appointment, the award shall have no authority to determine whether Article 13, Nondiscrimination, has been violated, except also waive further timely-notice appointments; and with respect to claims alleging discrimination on a member whose timely notice is related to the basis last year before indefinite tenure must be granted (former OAR 580-021-0120 and 580-021-0125, any extension of Association activity. Other grievances alleging violation of that provision may an appointment will be taken only through the predeemed to be in accordance with former OAR 580-arbitration levels of the grievance procedure. Nothing in this Agreement precludes employees from filing or pursuing, at any time, claims alleging violations of state or federal non021-discrimination laws with outside agencies (e.g. the Oregon Bureau of Labor and Industries or the Equal Employment Opportunity Commission) or courts. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have the authority to make the bargaining unit member whole, but does not have the authority to direct that a bargaining unit member be reappointed, promoted, or awarded indefinite tenure0130). The arbitrator shall have no authority to make any decision limiting or interfering in any way with the powers, duties, and responsibilities of the University and the Board that which have not been expressly limited by this Agreement. The arbitrator’s award may or may not be retroactive as the equalities of each case may demand, but in no case shall an award be retroactive to a date earlier than thirty (30) days before the date the grievance was initially filed, or the date on which the act or omission occurred, whichever is later.