Arbitrator’s Authority and Decision Sample Clauses

Arbitrator’s Authority and Decision. A. The arbitrator shall have no authority to vary the procedures (including any time limit) prescribed herein or otherwise to add to, subtract from, or modify the terms of the Agreement. The arbitrator's task shall be to interpret the specific provisions which the Grievant or GCAO allege that the University has violated.
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Arbitrator’s Authority and Decision. ‌ The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Memorandum. The decision and award of the arbitrator shall be made solely upon the evidence and arguments presented to the arbitrator by the respective parties.
Arbitrator’s Authority and Decision. The arbitrator's decision shall be based solely and exclusively on the documentary evidence presented, the testimony of witnesses, and the arguments presented by the parties and the hearing record. The arbitrator shall have the authority to recommend the payment of salary only if the grievant rendered service for which he/she was not paid.
Arbitrator’s Authority and Decision. 1. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The arbitrator may hear such testimony and receive such exhibits as he/she feels necessary to make a determination on the merits of the grievance. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on the parties.
Arbitrator’s Authority and Decision. The arbitrator may
Arbitrator’s Authority and Decision. The Arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the express language of this Agreement and the agreed upon issue(s) submitted to him/her. The Arbitrator shall not have the power to add to, subtract from, or modify in any way the express language of this Agreement. The Arbitrator shall have no authority to and shall not add to or modify in any way RCHSD’s responsibilities or duties under this Agreement, nor may the Arbitrator impose upon RCHSD an obligation, responsibility or duty which is not expressly required of RCHSD by an express provision of this Agreement. The Arbitrator shall have no authority to review management’s exercise of its discretion in selecting the level of discipline imposed by RCHSD in a case not involving termination, suspension without pay, demotion or disciplinary transfer; the only issue before the Arbitrator in a discipline case not involving a termination, suspension without pay, demotion or disciplinary transfer shall be whether there was just cause for discipline. Similarly, the Arbitrator shall have no authority to review management’s exercise of its discretion in selecting the level of discipline imposed by RCHSD in a termination case involving gross misconduct; the only issue before the Arbitrator in a termination case involving gross misconduct shall be whether the employee engaged in gross misconduct. If the Arbitrator finds gross misconduct, the termination decision shall be affirmed. If the Arbitrator finds that the grievant did not engage in gross misconduct but that RCHSD did have just cause to discipline the employee, the Arbitrator may sustain the discharge or otherwise determine the appropriate remedy. In a case involving suspension without pay, demotion or disciplinary transfer, the Arbitrator shall have the authority to determine whether RCHSD had just cause to discipline the employee and, if so, what the appropriate remedy should be. The Arbitrator shall have no authority to award damages other than back pay and benefits (make whole remedy) required by the Agreement, as reduced by all interim earnings and benefits received by the grievant. Any decision within the jurisdiction of the Arbitrator shall be final and binding on all concerned. The expenses and salary incident of services of the Arbitrator shall be shared equally by RCHSD and UNOCH.
Arbitrator’s Authority and Decision. The arbitrator shall have no authority to amend, modify, nullify, ignore or add to the provisions of this Agreement. He shall consider and decide only the particular issue(s) presented to him in writing by the Company and the Union, and his decision and award shall be based solely upon his interpretation of the terms of this Agreement relative to the facts of the grievance presented. The award of the arbitrator shall be final and binding upon the Company, the Union and the employee(s) involved. An award of back pay shall be limited to a period not to exceed the occurrence of the circumstances giving rise to the grievance.
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Arbitrator’s Authority and Decision. 90 Arbitrator’s Decision Due 90 Bereavement Leave 55 Binding/Non-Binding Decision 90 Building MechanicsSpecial Provision 21 Bulletin Boards 15 Call Back 27 Classification 76 Classification Study Requests 16 COBRA 45 Communications Tower Maintenance 30 COMPENSATION BENEFITS 63

Related to Arbitrator’s Authority and Decision

  • Authority of the Arbitrator i. It is the intent of both parties to this Collective Agreement that no grievance shall be defeated merely because of a technical error in processing the grievance through the grievance procedure. To this end an arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case.

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