Common use of Limitations Upon the Arbitrator Clause in Contracts

Limitations Upon the Arbitrator. 5.5.5.1 The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation of an express term of this Agreement in the respect alleged in the grievance. In determining whether the District has violated an express term of this Agreement, the arbitrator's standards of review shall be limited to whether the District has acted in an arbitrary, capricious, or discriminatory manner. 5.5.5.2 This Agreement constitutes a written agreement under Section 3540.1(h) of the Educational Employment Relations Act, Labor Code Section 1126 and other laws of the State of California. The arbitrator shall not have authority to decide any issue not within the submission, and shall determine the intent of the parties by applying generally accepted rules of contract construction. Past practice may be considered, but shall not modify clear terms of the agreement. The arbitrator shall be without power or authority to add to, delete from, or modify the terms of this Agreement.