Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.
Xxxxxx of the Arbitrator. It shall be the function of the arbitrator and he/she shall be empowered, except hereinafter provided, after due investigation, to make a decision in cases of alleged misinterpretation, or alleged misapplication of the specific articles and sections of this Agreement in accordance with Chapter 682 (Florida Arbitration Code) and the Florida School Code. The arbitrator in his/her decision shall not amend, modify, nullify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly limited to the issue or issues presented to him/her by the parties and his/her decision must be based solely upon his/her interpretation of the meaning of the express relevant language of the Agreement. The parties agree that in such instance(s) the dispute entails the question of arbitrability or untimeliness the arbitrator will be selected to determine solely the question of arbitrability or untimeliness. In the event the arbitrator finds the grievance is not arbitrable or is not timely, the Association will take no further action regarding the arbitrability or untimeliness of the grievance. If the arbitrator determines that the grievance is arbitrable the grievant will proceed with the grievance at the applicable step.
Xxxxxx of the Arbitrator. It shall be the function of the arbitrator, except as the arbitrator's powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.
Xxxxxx of the Arbitrator. 1. The arbitrator shall be empowered, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.
Xxxxxx of the Arbitrator. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement.
Xxxxxx of the Arbitrator. 1. The arbitrator shall have no authority except to pass upon alleged violations of the express provisions of the Agreement and to determine disputes involving the application of the express provisions of this Agreement.
Xxxxxx of the Arbitrator. 1. The Arbitrator shall not have authority, nor shall consider the function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The Arbitrator shall not give any decision which in practical or actual effect modifies, revises, detracts from, or adds to, any of the terms or provisions of this Agreement. Past practices of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Arbitrator has no obligation or function to render a decision or not to render a decision merely because in the Arbitrator’s opinion it is unfair or inequitable. The parties agree that this Contract incorporates their full and complete understanding and that any prior oral Agreements or practices are superseded by the terms of this Agreement. The parties further agree that no such oral understandings or practices will be recognized in the future unless committed to writing and signed by the parties as supplement to this Agreement. If either party shall claim before the Arbitrator that a particular grievance fails to meet the test or arbitrability, as the same are set forth in this Grievance Procedure, the Arbitrator shall proceed to hear the case upon the merits.
Xxxxxx of the Arbitrator. The arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of this Agreement or any of the functions or responsibilities of the parties to this Agreement. He/she shall have no power to establish salary scales or change any salary. His/her powers shall be limited to deciding whether the Board has violated the express Articles and Sections of this Agreement, and he/she shall not imply obligations and conditions binding upon the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. It is further specifically understood that the arbitrator:
Xxxxxx of the Arbitrator. 1. The Arbitrator shall confer with the representatives of the Board and the Federation and hold hearings promptly and shall issue his/her decision not later than 20 working days from the closing date of the hearings or, if oral hearings have been waived, from the date the final statements and proofs on the issues are submitted to him/her. The Arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted.
Xxxxxx of the Arbitrator. The powers of the arbitrator shall be limited as follows: • The arbitrator shall have no power or authority to alter, amend, add to, or subtract from the terms of this Agreement or hear any matter which is excluded from the grievance procedure pursuant to Section G or any matter which is identified as a prohibited subject of bargaining under Section 15 of the Public Employment Relations Act. • The arbitrator shall have no power to establish salary scales or change any salary. • The arbitrator shall have no power to rule on any complaint for which there is another remedial procedure or forum established by law or regulation having the force of law.
