Common use of Decisions of the Arbitrator Clause in Contracts

Decisions of the Arbitrator. The Arbitrator’s decision shall be final and binding on the parties’ subject to judicial review in accordance with NMSA 10-9-18 (G)(H). The Arbitrator shall not have authority to make an award that includes a fine or other punitive damages or award of attorneys’ fees. In the event of an appeal to District Court, the party staging the appeal shall prepare the Record Proper, subject to review by the other party prior to submission to District Court. The appealing party will ensure there is ample time for review. In accordance with NMSA 10-9-18 (F) (H), if the Arbitrator finds that the action taken by the agency was without just cause, the Arbitrator may modify the disciplinary action or order the agency to reinstate the appealing employee to the employee’s former position or to a position of like status and pay. The reinstatement shall be effective within thirty (30) days of the Arbitrator’s decision. The Arbitrator may award back pay as of the date of the dismissal, demotion or suspension or as of the later date the Arbitrator may specify.

Decisions of the Arbitrator. The Arbitrator’s decision shall be final and binding on the parties’ subject to judicial review in accordance with NMSA 10-9-18 (G)(H). The Arbitrator arbitrator shall not have authority to make an award that includes a fine or other punitive damages or award of attorneys’ fees. In the event of an appeal to District Court, the party staging the appeal shall prepare the Record Proper, subject to review by the other party prior to submission to District Court. The appealing party will ensure there is ample time for review. In accordance with NMSA 10-9-18 (F) (HF)(H), if the Arbitrator finds that the action taken by the agency was without just cause, the Arbitrator may modify the disciplinary action or order the agency to reinstate the appealing employee to the employee’s former position or to a position of like status and pay. The reinstatement shall be effective within thirty (30) days of the Arbitrator’s decision. The Arbitrator may award back pay as of the date of the dismissal, demotion or suspension or as of the later date the Arbitrator arbitrator may specify.