Common use of SCOPE OF ARBITRATOR'S AUTHORITY Clause in Contracts

SCOPE OF ARBITRATOR'S AUTHORITY. The Arbitrator shall have no power to alter, amend, add to or subtract from the provisions of this Article or any other terms of this MOA. If the Arbitrator finds that none of the charges contained in the Notice of Disciplinary Action are true, then he/she shall set aside the action taken by the appointing authority. If the Arbitrator finds that some or all of the charges are true, then he/she shall make a decision confirming or modifying the action of the appointing authority provided, however, that his/her authority to modify the appointing authority's action is limited to those disciplinary actions described in Section 3002. The Arbitrator shall have no authority to increase the discipline imposed by the appointing authority. Notwithstanding the provisions of Section 3005, but in accord with Section 3009, nothing shall preclude the Arbitrator from ordering the reinstatement of an employee with or without back pay. The decision of the Arbitrator shall be final and binding, subject to judicial review pursuant to Title 9 of Part 3 of the Code of Civil Procedure of the State of California, upon the employee, the County, and, if applicable, Local 721.

Appears in 5 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement

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SCOPE OF ARBITRATOR'S AUTHORITY. The Arbitrator shall have no power to alter, amend, add to or subtract from the provisions of this Article or any other terms of this MOAAgreement. If the Arbitrator finds that none of the charges contained in the Notice of Disciplinary Action are true, then he/she shall set aside the action taken by the appointing authority. If the Arbitrator finds that some or all of the charges are true, then he/she shall make a decision confirming or modifying the action of the appointing authority provided, however, that his/her authority to modify the appointing authority's action is limited to those disciplinary actions described in Section 30022902. The Arbitrator shall have no authority to increase the discipline imposed by the appointing authority. Notwithstanding the provisions of Section 3005, but in accord with Section 30092905, nothing shall preclude the Arbitrator from ordering the reinstatement of an employee with or without back pay. The decision of the Arbitrator shall be final and binding, subject to judicial review pursuant to Title 9 of Part 3 of the Code of Civil Procedure of the State of California, upon the employee, the CountyDistrict, and, and if applicable, Local 721VCPFA.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

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SCOPE OF ARBITRATOR'S AUTHORITY. The Arbitrator shall have no power to alter, amend, add to or subtract from the provisions of this Article or any other terms of this MOA. If the Arbitrator finds that none of the charges contained in the Notice of Disciplinary Action are true, then he/she shall set aside the action taken by the appointing authority. If the Arbitrator finds that some or all of the charges are true, then he/she shall make a decision confirming or modifying the action of the appointing authority provided, however, that his/her authority to modify the appointing authority's action is limited to those disciplinary actions described in Section 3002. The Arbitrator shall have no authority to increase the discipline imposed by the appointing authority. Notwithstanding the provisions of Section 3005, but in accord with Section 3009, nothing shall preclude the Arbitrator from ordering the reinstatement of an employee with or without back pay. The T he decision of the Arbitrator shall be final and binding, subject to judicial review pursuant to Title 9 of Part 3 of the Code of Civil Procedure of the State of California, upon the employee, the County, and, if applicable, Local 721.

Appears in 1 contract

Samples: Memorandum of Agreement

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