Duties of the Arbitrator Clause Samples

Duties of the Arbitrator. The arbitrator shall act in a judicial capacity and shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement or Hospital policy. The decision of the arbitrator shall be based solely upon the application of the express terms of this Agreement or Hospital policy and shall be limited to the specific facts and issues of the grievance so presented.

Duties of the Arbitrator. 8.4.6.1 The arbitrator shall consider only those issues which have been properly carried in writing through the steps of the grievance procedure. 8.4.6.2 The arbitrator shall give all parties a reasonable opportunity to present evidence, witnesses and arguments. 8.4.6.3 The arbitrator shall have no authority to interpret any state or federal law in the consideration of a grievance. 8.4.6.4 The arbitrator may recommend such remedies as he/she judges to be proper and reasonable. 8.4.6.5 It is recommended by the parties that the arbitrator render a decision within fifteen (15) working days after the arbitration hearing. 8.4.6.6 The decision of the arbitrator shall be final and binding on the parties unless within thirty (30) days both the District and the Association agree to reject the arbitrator's award. If the arbitrator's award is rejected, the District and the Association will meet and seek alternative solutions. 8.4.6.7 All costs of the arbitrator and court reporter shall be shared equally between the District and the Association.

Duties of the Arbitrator. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. He/she shall consider and decide only the specific issue submitted to him/her in writing by the City and the Association and shall have no authority to make a decision on any other issue so submitted to him/her. The arbitrator shall submit in writing his/her decision within thirty

Duties of the Arbitrator. ‌ 16.10.1 The arbitrator will ensure that the rules of natural justice are adhered to. This includes, but is not limited to the following: each party will have the right to at least thirty (30) calendar days written notice of the arbitration hearing, the right to present evidence and be heard in support of their respective positions with regard to the grievance, the right to the cross-examination of witnesses, and the right to be represented by counsel. 16.10.2 The decision of the arbitrator on any matter that has been submitted to them in accordance with the provisions of this Collective Agreement shall be final and binding upon the parties. However, the arbitrator shall not have the power to modify, supplement, vary, or disregard, the terms of the Collective Agreement. 16.10.3 The arbitrator shall have jurisdiction and authority to arbitrate only the issues as provided in the original written grievance in Step 2 or Step 3 as the case may be, and shall only have jurisdiction with respect to grievances that have first proceeded through the appropriate steps of the grievance procedure. 16.10.4 The arbitrator shall provide a decision in writing to the Principal, the Association and the griever not later than ten (10) working days after completion of the grievance hearing.

Duties of the Arbitrator. 1. The Arbitrator shall confer with the representatives of the Board and the Federation and hold hearings promptly and shall issue his/her decision not later than 20 working days from the closing date of the hearings or, if oral hearings have been waived, from the date the final statements and proofs on the issues are submitted to him/her. The Arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. 2. The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. The Arbitrator shall be without power or authority to make any decision which requires the commission of any act which is in violation of law. Further, the Arbitrator’s powers are limited to deciding whether violations, misapplications or misinterpretations of specific articles of this agreement have occurred. 3. The Arbitrator shall have no power to consider or to rule on any grievance which relates to a matter or matters concerning reappointment, tenure or promotion. These grievances shall not be advanced beyond Level Two in this procedure. 4. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Federation. Any other expenses incurred shall be paid by the party incurring same.

Duties of the Arbitrator. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. They shall consider and decide only the specific issue submitted to them in writing by the City and the Association and shall have no authority to make a decision on any other issue so submitted to them. The arbitrator shall submit in writing their decision within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The decision shall be based solely upon their interpretation of the meaning and application of the express terms of this Agreement. The decision of the arbitrator shall be final and binding on both the City and the Association. No award of any arbitrator may be retroactive for a period greater than thirty (30) calendar days prior to the presentation of the grievance at Step One.

Duties of the Arbitrator. It shall be the duty of the arbitrator to hear disputes on subjects within his/her jurisdiction certified to him/her by the Association or by the Board of Education after the grievance procedure of the Agreement has been exhausted. The arbitrator will hear a case or cases in full with findings of fact, conclusions, recommendations and shall render a decision which shall be final and binding upon the parties. Such cases will be referred to the Board of Education for appropriate action.

Duties of the Arbitrator. The initial focus of the arbitrator will be to come to a mediated settlement that both King’s and KUCFA agree to. If a mediated settlement cannot be reached then the process will move to allow the arbitrator to arbitrate the issue. 16.9.1 The arbitrator will ensure that the rules of natural justice are adhered to. This includes, but is not limited to the following: each party will have the right to at least thirty (30) calendar days written notice of the meeting, the right to present evidence and be heard in support of their respective positions with regard to the grievance, the right to the cross-examination of witnesses, and the right to be represented by counsel. 16.9.2 The decision of the arbitrator on any matter that has been submitted to them in accordance with the provisions of this Collective Agreement that cannot be mediated shall be final and binding upon the parties. However, the arbitrator shall not have the power to modify, supplement, vary, or disregard, the terms of the Collective Agreement. 16.9.3 The arbitrator shall have jurisdiction and authority to mediate- arbitrate only the issues as provided in the original written grievance in Step 2 and shall only have jurisdiction with respect to grievances that have first proceeded through Steps 1 and 2 of the grievance procedure. 16.9.4 The arbitrator shall provide a decision in writing to the President, KUCFA and the griever not later than ten (10) working days after completion of the grievance hearing.

Duties of the Arbitrator. 1. The arbitrator shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue a decision not later than twenty (20) working days from the closing day of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to the arbitrator. The arbitrator's decision shall be in writing and shall set forth his or her findings of fact, reasoning and conclusions on the issues submitted. 2. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. The arbitrator shall be without power or authority to make any decision which requires the commission of any act which is in violation of law. Further, the arbitrator's powers are limited to deciding whether violations, misapplications or misinterpretations of specific articles of this Agreement have occurred. 3. The arbitrator shall have no power to consider or to rule on any grievance which relates to a matter or matters specified in D.3.c. above. 4. The costs for the service of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.