Limitation of Arbitrator's Authority Clause Samples

Limitation of Arbitrator's Authority. The arbitrator shall have no authority to add to, or subtract from, alter, change, or modify any of the provisions of this Agreement. The decision of the arbitrator shall be limited to only the question or questions submitted to the arbitrator. The arbitrator shall not substitute a judgment for that of the University where the University's judgment and actions do not violate the written provisions of this Agreement. The arbitrator shall not render any decision which would require or result in an action in violation of local, state, or federal law. The arbitrator may make no award which provides the Faculty member compensation greater than would have resulted had there been no violation.

Limitation of Arbitrator's Authority. The arbitrator shall consider only those issues, including any amendments that were made pursuant to Section 7.7, which have been properly carried through all steps of the grievance procedure. The arbitrator shall afford to the Company, the Union and the employee or employees involved a reasonable opportunity to present the evidence, witnesses and arguments. Persons testifying may be sworn at the request of either party. The jurisdiction of the arbitrator and his decision shall be confined to a determination of the facts and the interpretation or application of the specific provision of this Agreement at issue. The arbitrator shall be bound by the terms and provisions of this Agreement and shall have authority to consider only grievances presenting solely an arbitrable issue under this Agreement. The arbitrator shall have no authority to add to, subtract from, modify or amend any provisions of this Agreement. The arbitrator shall have no authority to interpret any state or federal law when the compliance or noncompliance therewith shall be involved in the consideration of the grievance. The arbitrator shall be bound solely by the evidence presented to him at the hearing and any arguments submitted at the hearing or in post hearing briefs. No new evidence may be submitted with the brief. The decision of the arbitrator shall be rendered as soon as practical after the hearing, but in no event beyond 30 days after the close of said hearing. The arbitrator’s decision shall be final and binding on the Company, the Union and the employee or employees involved, subject to the limitations specified in the Agreement.

Limitation of Arbitrator's Authority. The arbitrator may award any damages or other relief permitted by applicable substantive law, including punitive damages. But the arbitrator may award punitive damages only under circumstances where a court of competent jurisdiction could award such damages. In awarding punitive damages, the arbitrator must abide by all applicable state and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of any punitive damages award. Before the decision becomes final, the arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the same procedural rights and using the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is located. Any ruling based on this post-award review must be set forth in writing with a reasoned explanation. The arbitrator may award injunctive or declaratory relief that would benefit you or FSB, but the arbitrator may not award injunctive or declaratory relief for the benefit of others who are not named parties to the arbitration proceedings.

Limitation of Arbitrator's Authority. The jurisdiction and authority of the arbitrator shall be limited to the interpretation of the written provisions of this Agreement. The Arbitrator shall have no authority to add or to subtract from or in any way modify the terms and conditions of this Agreement.

Limitation of Arbitrator's Authority. The jurisdiction and authority of the arbitrator and his/her opinion and award shall be limited to the interpretation of the written provisions of this Agreement, Board policy, and individual contracts. The arbitrator shall have no authority to add to or to subtract from or in any way modify the terms and conditions of this Agreement, Board Policy, or individual contracts. A court of competent jurisdiction shall be the appropriate forum for the resolution of disputes over whether or not any written provisions of said Agreement, Board policy, or individual contracts affecting bargaining unit members are contrary to law. Jurisdictional Question In any arbitration proceeding where a question concerning the arbitrator's jurisdiction over the grievance is raised, the arbitrator shall make a separate decision on the question of his/her jurisdiction. In the arbitrator's decision, he/she shall first rule upon the jurisdictional issues and, if the arbitrator determines that he/she has no jurisdiction, the arbitrator shall make no decision or recommendation concerning the merits of the grievance. Nothing contained herein shall prohibit the arbitrator from taking all evidence of the jurisdictional issues and the merits of the grievance in a single hearing.

Limitation of Arbitrator's Authority. The Arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this Agreement.

Limitation of Arbitrator's Authority. The following are excluded from the grievance procedure established by this Article: (a) violation of Article 12.1 and 12.2, except as provided therein, (b) negotiations for a new or a mandatory agreement. Further, the arbitrator will have no authority to (i) add to, subtract from, or in any way modify this Agreement, (ii) substitute his/her discretion or judgment for the Employer's discretion or judgment with respect to any matter this agreement consigns to the Employer's discretion or judgment, (iii) interpret any policy, practice, or rule except as necessary in interpreting or applying this Agreement, (iv) formulate or add any new policy or rule, (v) establish any new rank or classification, (vi) pass upon the appropriateness of any promotion in rank or denial of such promotion, and

Limitation of Arbitrator's Authority. The arbitrator may award any damages or other relief permitted by applicable substantive law, including punitive damages. But the arbitrator may award punitive damages only under circumstances where a court of competent jurisdiction could award such damages. In awarding punitive damages, the arbitrator must abide by all applicable state and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of any punitive damages award. Before the decision becomes final, the arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the same procedural rights and using the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is located. Any ruling based on this post-award review must be set forth in writing with a reasoned explanation. The arbitrator may award injunctive or declaratory relief that would benefit you or us, but the arbitrator may not award injunctive or declaratory relief for the benefit of others who are not named parties to the arbitration proceedings.

Limitation of Arbitrator's Authority. The jurisdiction and authority of the arbitrator and the opinion and award of the arbitrator shall be limited to the interpretation of the written provisions of this Agreement, Board policies, or individual employment contracts. The arbitrator shall have no authority to add to or to subtract from or in any way modify the terms and conditions of the Agreement, Board policies, or individual contracts. A court of competent jurisdiction shall be the appropriate forum for the resolution of disputes over whether or not any written provisions of said Agreement, Board policies, or individual contracts affecting bargaining unit members are contrary to law.