Common use of The Arbitrator Clause in Contracts

The Arbitrator. 1. Shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. 2. Shall have no power to establish salary schedules or fringe benefits or change any salary schedules or fringe benefits. 3. If the Employer disputes the arbitrability of any grievance under the terms of this Agreement, the Arbitrator shall have to decide if the grievance is arbitrable. In the event that a case is appealed to an Arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. 4. There shall be no appeal from an arbitrator’s decision if within the scope of authority as set forth above. It shall be final and binding on the Union, its members, the employee or employees involved, and the Employer. The Union 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. 5. The fees and expenses of the arbitrator shall be paid by the party not prevailing at arbitration. The arbitrator shall have the authority to assign divided costs. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of the witnesses called by the other. 6. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, reduced by other wages earned or by a failure to mitigate damages. Income from a second job which the employee held prior to the disciplinary action shall not be counted towards the wages used to mitigate the damages. 7. No decision in any case shall require a retroactive wage adjustment in any other case, unless, by mutual agreement, the other case was held pending the outcome of the representative case.