– Arbitrator’s Limitations Sample Clauses

– Arbitrator’s Limitations. No grievance which fails to meet the requirements of Subsection 4 of Section 3 of this Article shall be determined to be arbitrable. The arbitrator may not add to, subtract from, or modify the terms of the Agreement.
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– Arbitrator’s Limitations. ‌ The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall consider and decide only the specific issue submitted. The Arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The Arbitrator’s decision shall be submitted in writing within thirty (30) calendar days following close of the hearing or the submission of briefs by the Parties, whichever be later, unless the Parties agree to an extension. The decision shall be based solely on the Arbitrator’s interpretation or application of the express terms of this Agreement and the evidence and testimony presented. The decision of the Arbitrator shall be final and binding on the Employer, the Union, and the employees.
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– Arbitrator’s Limitations. Disciplinary arbitrators shall confine themselves to determination of whether an employee is guilty or innocent of the charges being brought against him, and whether the proposed penalty is appropriate. Such arbitrators shall neither add to, subtract from, nor modify any provisions of this Agreement. The disciplinary arbitrator’s decision with respect to guilt or innocence, or penalty shall be final and binding upon the parties. In any case, the burden of proof shall rest with the employer.
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– Arbitrator’s Limitations. The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and application of the explicit provision or provisions of this Agreement at issue between the Employer and the Union. The parties agree that the arbitrator shall have no jurisdiction or authority to add to, subtract from, or alter in any way the provisions of the Agreement; he shall have no jurisdiction or authority to impose upon the Employer a limitation or obligation not explicitly provided for in this Agreement; and he shall have no jurisdiction or authority to infer any limitation upon the Employer from any provisions of this Agreement. The arbitrator shall confine himself strictly to facts submitted in the hearing, the evidence before him, and the express terms and specific provisions of this Agreement.
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– Arbitrator’s Limitations. ‌ The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall be without power to make decisions contrary to or inconsistent with, modifying, or varying in any way the application of laws, rules, or regulations having the force and effect of law. The Arbitrator’s decision shall be submitted in writing within thirty (30) calendar days following close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be based solely on the Arbitrator’s interpretation or application of the express terms of this Agreement and the evidence and testimony presented. The decision of the Arbitrator shall be final and binding on the Employer, the Association and the employees.
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– Arbitrator’s Limitations. The arbitrator shall not amend, modify, nullify, nor add to the provisions of this agreement. The arbitrator’s authority shall be strictly limited to deciding the issues submitted in writing by the Association and the Board. 11-4 EXPEDITED ARBITRATION By mutual agreement of both parties, the Expedited Arbitration Rules of the American Arbitration Association shall be used instead of the Voluntary Labor Arbitration Rules.
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– Arbitrator’s Limitations. No grievance which fails to meet the requirements of “Section D, Rules Governing the Grievance Procedure” of this Article shall be determined to be arbitrable. The arbitrator may not add to, subtract from, or modify the terms of this Agreement. This arbitration provision shall be for alleged contract violations only and there shall be no interest arbitration. The arbitrator shall not resolve questions of arbitrability prior to having heard the merits of the grievance. The decision of the arbitrator shall be final and binding.
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– Arbitrator’s Limitations. The arbitrator shall have no power or authority to add to, subtract from or modify any of the terms of this Agreement or make any decision, which requires the commission of an act, prohibited by law or which is violative of the terms of this Agreement.
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Related to – Arbitrator’s Limitations

  • GRIEVANCE PROCEDURE AND ARBITRATION 8.01 Any employee or the Union has the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation of this Agreement. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her/his union representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. The Employer also agrees, as a good labour relations practice, it will also notify the Bargaining Unit. 8.03 It is the intent of the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union has no grievance concerning an individual nurse until the Director of Care or her/his designate has been given an opportunity of adjusting the complaint. Such complaint shall be discussed with the Director of Care within fifteen (15) working days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice and assistance from others. If there is no settlement within nine (9) working days, it shall then be taken up as a grievance within nine (9) working days in the following manner and sequence: The Union may present the grievance to the Administrator, or her/his designate, who shall render her/his decision within five (5) working days after the presentation of the grievance to her/him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. If the decision is unsatisfactory, then the grievance may be presented in the following manner: Within ten (10) working days after the decision is given at Step No. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed by the Board of Directors of the Manor to consider the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative of the Union. The decision of the committee of the Board of Directors will be rendered in writing to the Labour Relations Officer and the bargaining unit representative within ten (10) working days following such a meeting.

  • Review Process Limitations The Asset Representations Reviewer will have no obligation (i) to determine whether a Delinquency Trigger Event has occurred or whether the required percentage of Noteholders has voted to direct an Asset Representations Review under the Indenture, (ii) to determine which Receivables are subject to an Asset Representations Review, (iii) to obtain or confirm the validity of the Review Materials, (iv) to obtain missing or insufficient Review Materials except as specifically described herein, (v) to take any action or cause any other party to take any action under any of the Transaction Documents to enforce any remedies for breaches of representations or warranties about the Eligible Representations, (vi) to determine the reason for the delinquency of any Review Receivable, the creditworthiness of any Obligor, the overall quality of any Review Receivable or the compliance by the Servicer with its covenants with respect to the servicing of such Review Receivable, or (vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.03.

  • Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. 5 5 Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. 6