FINDINGS OF THE ARBITRATOR(S Sample Clauses

FINDINGS OF THE ARBITRATOR(S. The findings of the Arbitrator(s) or the majority of the Board of Arbitrators as to the facts and as to the interpretation, application, administration or alleged violation of this Agreement, including the question as to whether the matter is arbitrable, shall be final, conclusive and binding upon all parties concerned, but in no event shall the arbitrator be authorized to alter, modify or amend any part of this Agreement. If an Arbitrator(s) decides that the Company failed to exercise its judgement pursuant to section 16.13 (Job Selection) in a fair and reasonable manner the Company shall fill the vacancy with the applicant having the greatest seniority, providing he has the ability, knowledge, training and skill to do the job. Where an Arbitrator(s) determines that an employee has been discharged or otherwise disciplined by the Company for just cause, the arbitrator may substitute such other penalty for the discharge or discipline as the Arbitrator(s) considers just and reasonable in all the circumstances.
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FINDINGS OF THE ARBITRATOR(S. The findings of the Arbitrator(s) or the majority of the Board of Arbitrators as to the facts and as to the interpretation, appIication, administration or aIIeged vioIation of this Agreement, incIuding the question as to whether the matter is arbitrabIe, shaII be finaI, concIusive and binding upon aII parties concerned, but in no event shaII the arbitrator be authorized to aIter, modify or amend any part of this Agreement. If an Arbitrator(s) decides that the Company faiIed to exercise its judgement pursuant to section 16.13 (lob SeIection) in a fair and reasonabIe manner the Company shaII fiII the vacancy with the appIicant having the greatest seniority, providing he has the abiIity, knowIedge, training and skiII to do the job. Where an Arbitrator(s) determines that an empIoyee has been discharged or otherwise discipIined by the Company for just cause, the arbitrator may substitute such other penaIty for the discharge or discipIine as the Arbitrator(s) considers just and reasonabIe in aII the circumstances.
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Related to FINDINGS OF THE ARBITRATOR(S

  • ▇▇▇▇▇▇ of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge. b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluation. 3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

  • Expenses of the Arbitrator The fees and expenses of the arbitrator and any other common expenses shall be shared equally by both parties.

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

  • Powers of the Arbitrator It shall be the function of the arbitrator and he shall be so empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles of this Agreement. (a) He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He shall have no power to change any practice, policy, or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His powers shall be limited to deciding whether the Board has violated the express article or sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the authority to order full, partial, or no compensation for time lost subject to items (a) through (g) of this Section.

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator. b) The central parties shall select a mutually agreed upon arbitrator. c) The central parties may refer multiple grievances to a single arbitrator. d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator. e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.