Arbitrator's Powers. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. He/she shall be at all times solely governed by the terms of this Agreement and he/she shall have no power or authority to amend, alter or modify this Agreement, either directly or indirectly. The POAM acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement. He/she shall have no authority to rule upon job descriptions, work assignments, work standards or size of the work force. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance, if arbitrability is affirmatively decided. The arbitration award shall not be retroactive earlier than the date that the grievance was first submitted in writing. The arbitrator's decision shall be final and binding on the POAM, the Employer and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where such action is beyond the power of the arbitrator or where the award was procured by fraud, misconduct or other unlawful means.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitrator's Powers. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. He/she shall be at all times solely governed by the terms of this Agreement and he/she shall have no power or authority to amend, alter or modify this Agreement, either directly or indirectly. The POAM POLC acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement. He/she shall have no authority to rule upon job descriptions, work assignments, work standards or size of the work force. If the issue of arbitrability is raised, the arbitrator shall only decide the merits of the grievance, if arbitrability is affirmatively decided. The arbitration award shall not be retroactive earlier than the date that the grievance was first submitted in writing. The arbitrator's decision shall be final and binding on the POAMPOLC, the Employer and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where such action is beyond the power of the arbitrator or where the award was procured by fraud, misconduct or other unlawful means.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitrator's Powers. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. He/she shall be at all times time solely governed by the terms of this Agreement and he/she shall have no power or authority to amend, alter alter, or modify this Agreement, either directly or indirectly. The POAM GELC acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement. He/she shall have no not authority to rule upon job descriptions, work assignments, work standards standards, or size of the work force. If the issue of or arbitrability is raised, the arbitrator shall only decide the merits of the grievance, if arbitrability is affirmatively decided. The arbitration award shall not be retroactive earlier than the date that the grievance was first submitted in writing. The arbitrator's decision shall be final and binding on the POAM, GELC the Employer and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where such action is beyond the power of the arbitrator or where the award was procured by fraud, misconduct or other unlawful means.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitrator's Powers. The arbitrator's ’s powers shall be limited to the application and interpretation of this Agreement as written. He/she He shall be at all times solely time wholly governed by the terms of this Agreement and he/she he shall have no power or authority to amend, alter or modify this Agreement, either directly or indirectly. The POAM Labor Council acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement. He/she The arbitrator shall not have no authority to rule upon job descriptions, work assignments, work standards or size of the work force. If the issue of or arbitrability is raised, the arbitrator shall only decide the merits of the grievance, if arbitrability is affirmatively decided. The arbitration award shall not be retroactive earlier than the date that the grievance was with first submitted in writing. The arbitrator's ’s decision shall be final and binding on the POAMLabor Council, the Employer and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where such action is beyond the power of the arbitrator or where the award was procured by fraud, misconduct or other unlawful means.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitrator's Powers. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. He/she He shall be at all times time solely governed by the terms of this Agreement and he/she he shall have no power or authority to amend, alter alter, or modify this Agreement, either directly or indirectly. The POAM acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement. He/she He shall have no not authority to rule upon job descriptions, work assignments, work standards standards, or size of the work force. If the issue of or arbitrability is raised, the arbitrator shall only decide the merits of the grievance, if arbitrability is affirmatively decided. The arbitration award shall not be retroactive earlier than the date that the grievance was first submitted in writing. The arbitrator's decision shall be final and binding on the POAM, POAM the Employer and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where such action is beyond the power of the arbitrator or where the award was procured by fraud, misconduct or other unlawful means.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Arbitrator's Powers. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. He/she He shall be at all times time solely governed by the terms of this Agreement and he/she he shall have no power or authority to amend, alter alter, or modify this Agreement, either directly or indirectly. The POAM acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement. He/she He shall not have no the authority to rule upon job descriptions, work assignments, work standards standards, or size of the work force. If the issue of or arbitrability is raised, the arbitrator shall only decide the merits of the grievance, if arbitrability is affirmatively decided. The arbitration award shall not be retroactive earlier than the date that the grievance was first submitted in writing. The arbitrator's decision shall be final and binding on the POAM, the Employer and its employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where such action is beyond the power of the arbitrator or where the award was procured by fraud, misconduct or other unlawful means.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Arbitrator's Powers. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. He/she He shall be at all times time solely governed by the terms of this Agreement and he/she he shall have no power or authority to amend, alter or modify this Agreement, either directly or indirectly. The POAM Labor Council acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement. He/she He shall have no not authority to rule upon job descriptions, work assignments, work standards or size of the work force. If the issue of or arbitrability is raised, the arbitrator shall only decide the merits of the grievance, if arbitrability is affirmatively decided. The arbitration award shall not be retroactive earlier than the date that the grievance was with first submitted in writing. The arbitrator's decision shall be final and binding on the POAMLabor Council, the Employer and its it s employees, provided, however, either party retains all legal rights to challenge arbitration and decisions thereof where such action is beyond the power of the arbitrator or where the award was procured by fraud, misconduct or other unlawful means.
Appears in 1 contract
Sources: Labor Agreement
Arbitrator's Powers. The arbitrator's ’s powers shall be limited to the application and interpretation of this Agreement as written. He/He or she shall be at all times solely be governed wholly by the terms of this Agreement Agreement, and he/she the arbitrator shall have no power or authority to amend, alter or modify this Agreement, either directly or indirectly. If the issue of arbitrability is raised, that question must first be decided before he or she may be permitted to hear the merits of the grievance. The POAM acknowledges that the Employer retains all rights not otherwise abrogated under the express terms of this Agreement. He/she shall have no authority to rule upon job descriptions, work assignments, work standards or size of Agreement as generalized in the work forceManagement’s Rights clause herein. If the issue grievance concerns the exercise of arbitrability is raisedthese rights which are not otherwise limited by the express terms of this Agreement, the arbitrator shall only decide the merits of the grievance, if arbitrability is affirmatively decided. The arbitration award grievance shall not be retroactive earlier than the date that the grievance was first submitted in writingarbitrable. The arbitrator's decision shall be final and binding on the POAMEmployer, the Employer POAM and its employees, provided, however, either that each party retains all legal rights to this Agreement reserves its lawful right to challenge arbitration and decisions thereof where such action is beyond the power of award if the arbitrator has improperly handled the case or where the award was procured by fraud, misconduct or other unlawful meansexceeds his orher jurisdiction.
Appears in 1 contract
Sources: Collective Bargaining Agreement