Common use of Arbitrator's Jurisdiction Clause in Contracts

Arbitrator's Jurisdiction. The arbitrator shall take such evidence as in his judgment is appropriate for resolution of the dispute; however, he shall confine himself to the issues for arbitration and shall have no authority to determine any other issue not so submitted which is not directly essential to reaching a determination on the dispute at hand. The arbitrator shall have no power to recommend any right or relief for any period of time prior to the effective date of the Agreement under which the grievance was initiated. In those issues wherein the grievant’s relief sought involves back pay or lost wages covering a period of an Employee’s payroll separation due to suspension or discharge, the amount of the award shall be less any unemployment compensation or interim earnings, received by the aggrieved Employee. Second jobs or sources of income which the Employee received while under employment will not be considered interim income and will not be deducted when awarding lost wages or back pay. The decision of the arbitrator shall be submitted in writing to the parties within thirty (30) calendar days of the hearing’s conclusion unless the deadline is mutually extended by the parties. The decision and award of the arbitrator shall be final and binding on the Union, its members, the aggrieved Employee(s) and the CITY. With respect to grievances involving misapplication or misinterpretation of this Agreement, the grievance and arbitration procedure contained in this Article shall be the sole and exclusive remedy available to employees, and the parties hereto as this procedure is intended to supersede all conflicting provisions of the Ohio Revised Code regarding any and all matters subject to the grievance procedures of this Contract or otherwise made subject to this Agreement. With respect to grievances involving disciplinary suspensions, demotions or dismissals the election of remedies, as set forth above, shall be mutually exclusive. Choice of binding arbitration shall thereafter preclude appeal to Civil Service or to Court. Appeal to Civil Service shall preclude access to binding arbitration. With respect to cases of suspension, demotion and discharge, the arbitrator shall decide:

Arbitrator's Jurisdiction. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written to settle the grievance before him. The arbitrator shall take such evidence as in his judgment is appropriate for resolution at all times be governed wholly by the terms of the dispute; however, this Agreement and he shall confine himself to the issues for arbitration and shall have no power or authority to amend, alter or modify this Agreement in any respect. If the issue of arbitrability is raised, the arbitrator shall duly determine any other the merits of the grievance if the issue of arbitrability is affirmatively decided. By accepting a case from the parties, the arbitrator acknowledges his limitations of authority and agrees not so submitted to decide an issue which is outside of his jurisdiction under this Agreement. The arbitrator recognizes that the Employer is governed by certain laws of the State of Michigan, and the arbitrator agrees that this Agreement shall be interpreted and construed consistent with such laws. Any award of the arbitrator shall not directly essential be retroactive prior to reaching a determination on ten (10) calendar days from the dispute at handtime the grievance was first submitted in writing; provided, however, that an arbitrator's award as to payroll computation errors may be retroactive for up to one (1) year prior to the time the grievance was first submitted in writing. The parties understand and agree that in making this Agreement, they have resolved for its terms all bargaining issues which were or could have been made the subject of discussion. The arbitral forum here established is intended to resolve disputes between the parties only over the interpretation or application of the matters which are specifically covered in this Agreement and which are not excluded from arbitration. Excluded from arbitration are grievances which question the exercise of rights set forth in Section 3.1 of this Agreement entitled "Management Rights" over which the Employer is given unilateral discretion in this Agreement. The arbitrator shall have no power to recommend any right establish wage scale rates on new or relief for any period of time prior to the effective date of the Agreement under which the grievance was initiated. In those issues wherein the grievant’s relief sought involves back pay or lost wages covering a period of an Employee’s payroll separation due to suspension or discharge, the amount of the award shall be less any unemployment compensation or interim earnings, received by the aggrieved Employee. Second changed jobs or sources of income which the Employee received while under employment will not be considered interim income and will not be deducted when awarding lost wages or back payto change any wage rate unless it is provided for in this Agreement. The decision of the arbitrator, in any case, shall not require a retroactive wage adjustment in any other case and awards shall not be binding precedent in like or analogous situations. It is specifically understood and agreed that in no event shall Employer condonation of any past infractions of any work rule, regulation, duty, responsibility, or policy be found to mitigate, in whole or in part, any discipline imposed by the Employer for any current infraction of any work rule, regulation, duty, responsibility, or policy, nor shall an arbitrator so find. It is further specifically understood and agreed that in no event shall any discipline imposed on any employee be submitted mitigated, in writing whole or in part, due to the parties within thirty (30) calendar days length of the hearing’s conclusion unless employee's service with the deadline is mutually extended Employer, except in the sole discretion of the Employer; nor shall an arbitrator have the power to mitigate any discipline imposed by the partiesEmployer based solely upon the employee's length of service with the employer. The decision and award of the arbitrator Arbitration awards shall be final and binding on the UnionEmployer, its membersUnion and employees. However, each party reserves the aggrieved Employee(s) right to challenge, through civil litigation only, arbitration or awards thereunder if the arbitrator has exceeded his jurisdiction or has arrived at his award fraudulently or by improper means. The fees and the CITY. With respect to grievances involving misapplication or misinterpretation expenses of this Agreement, the grievance and arbitration procedure contained in this Article shall be the sole and exclusive remedy available to employees, and the parties hereto as this procedure is intended to supersede all conflicting provisions of the Ohio Revised Code regarding any and all matters subject to the grievance procedures of this Contract or otherwise made subject to this Agreement. With respect to grievances involving disciplinary suspensions, demotions or dismissals the election of remedies, as set forth above, shall be mutually exclusive. Choice of binding arbitration shall thereafter preclude appeal to Civil Service or to Court. Appeal to Civil Service shall preclude access to binding arbitration. With respect to cases of suspension, demotion and discharge, the arbitrator shall decide:be shared equally by the parties, including those instances where the parties reach settlement either prior to, during, or after a hearing. Parties shall each pay their own respective costs, including wages of witnesses called by that party.