Limitations of Arbitrator Sample Clauses

The 'Limitations of Arbitrator' clause defines the boundaries of authority and decision-making power granted to an arbitrator in a dispute resolution process. Typically, this clause specifies what types of remedies the arbitrator can award, such as monetary damages, and may restrict the arbitrator from granting certain forms of relief like punitive damages or injunctions. By clearly outlining these limitations, the clause ensures that both parties understand the scope of arbitration and prevents the arbitrator from exceeding their intended role, thereby reducing the risk of unexpected or inappropriate outcomes.
Limitations of Arbitrator. The Arbitrator shall have no power to: add to, subtract from, disregard, alter or modify any of the terms of this Agreement and shall not include issues in the decision that are not directly involved in the case submitted. The governing board shall determine within its sole discretion, all matters pertaining to discipline, including dismissal, of employees covered by this collective bargaining agreement.
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Limitations of Arbitrator. The arbitrator shall have no power to rule on any of the following: 1. The termination of services of or failure to re-employ any probationary bargaining unit member. 2. The termination of services or failure to re-employ any bargaining unit member to a position other than that member’s position.
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Limitations of Arbitrator. 1. The arbitrator shall have no power to change any practice, policy, or rule of the Board which is not inconsistent with the terms of this Agreement or to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. 2. The power of the arbitrator shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement and issuing appropriate remedies. 3. The arbitrator shall have no power to rule upon any issue involving: a. The termination or failure to re-employ any teacher to an extra duty position. b. Any matter for which the teacher has elected to pursue relief from an administrative agency specified in state or federal law as the procedure for review or resolution, such as, but not limited to, the Michigan Tenure Commission and the Michigan Civil Rights Commission.
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Limitations of Arbitrator. The arbitrator shall have no power to rule on any of the following:
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Limitations of Arbitrator. The Arbitrator shall have no power to add to or subtract from or modify in any way any of the terms of this Agreement; nor shall the Arbitrator have jurisdiction in any case submitted to arbitration to affect in any way, directly or indirectly, by any decision or in any other manner, the right and responsibility of the Company to direct its operations; to determine the number and location of its plants; the product to be manufactured; the types of work to be performed; the size and number of the working force in the active employ of the Company from time to time; whether the Company's work shall be performed by employees of the Company or independent contractors or their employees; the identity of the Company's personnel to whom work shall be assigned; whether transfers, promotions, or demotions are to be made; the identity of or number of new employees to be hired; the schedules of production; shift schedules and hours of work; the methods, processes, and means of manufacturing; and to select and hire employees, including the right to make and apply rules and regulations for production, discipline, efficiency, and safety unless otherwise provided by this Agreement.
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Limitations of Arbitrator. 1. The arbitrator shall have no power to change any practice, policy, or rule of the Board which is not inconsistent with the terms of this Agreement or to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. 2. The power of the arbitrator shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement and issuing appropriate remedies. 3. All claims for back pay shall be limited to the amount of pay that the employee would otherwise have earned less any compensation that he may have received from the District during the period of back pay and unemployment compensation. 4. The arbitrator shall have no power to rule upon any issue involving: a. The termination or failure to re-employ any probationary teacher. b. The termination or failure to re-employ any teacher to an extra duty position. c. Any matter of the content of a teacher's evaluation. d. Any matter for which the teacher has elected to pursue relief from an administrative agency specified in state or federal law as the procedure for review or resolution, such as, but not limited to, the Michigan Tenure Commission and the Michigan Civil Rights Commission.
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Related to Limitations of Arbitrator

  • Costs of Arbitration Each party shall bear one half the cost of the arbitration filing and hearing fees, and the cost of the arbitrator.

  • Powers of Arbitrator The Arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The Arbitrator shall have the right to grant legal and equitable relief (including injunctive relief) and to award costs (including legal fees and the costs of the arbitration) and interest.

  • Terms of Arbitration The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

  • Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators: (a) one arbitrator appointed by each of the disputing parties; and (b) the third arbitrator, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. The third arbitrator shall be a national of a non-Member State which has diplomatic relations with the disputing Member State and non-disputing Member State, and shall not have permanent residence in either the disputing Member State or non- disputing Member State. 2. Any person appointed as an arbitrator shall have expertise or experience in public international law, international trade or international investment rules. An arbitrator shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral proceedings. 3. Subject to Article 36 (Conduct of the Arbitration), if a tribunal has not been constituted within 75 days from the date that a claim is submitted to arbitration under this Section, the Appointing Authority, on the request of a disputing party, shall appoint, in his or her discretion, the arbitrator or arbitrators who have not been appointed. 4. The tribunal shall reach its decisions by a majority of votes and its decisions shall be binding. 5. The parties to the dispute shall bear the cost of their respective arbitrators to the tribunal and share equally the cost of the presiding arbitrator and other relevant costs. In all other respects, the tribunal shall determine its own procedures. 6. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 7. Where any arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.

  • Scope of Arbitration If this Section 19.1 applies, any controversy or claim arising out of or relating to this Agreement or any breach of this Agreement will be settled by binding arbitration to be held before three arbitrators and conducted in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association in the City of Cleveland, Ohio. The decision of the arbitrators will be final and binding on both parties and judgment on any award rendered by the arbitrators may be entered in any court of competent jurisdiction. Costs and expenses of any such arbitration will be borne by the parties as may be directed by the arbitrators taking into account the extent to which the positions taken by each of the parties are reasonable. The arbitrators will have the power to issue mandatory orders and restraining orders in connection with any such arbitration.