Common use of Duties of the Arbitrator Clause in Contracts

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. 1. The Arbitrator shall confer with the representatives of the Board and the Federation Federa- tion and hold hearings promptly and shall issue his/her his 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 his 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 decid- ing 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.