Limitations of the Arbitrator. 12.7.1. The arbitration procedure does not apply to any of the provisions identified in 12.1.1. 12.7.2. The arbitrator may not decide any issue not submitted and may not interpret or apply the Agreement so as to change what can fairly be said to have been the intent of the parties in the presence of each other and upon arguments presented in briefs. 12.7.3. No proposed remedy of the arbitrator shall apply more than twenty (20) working days prior to the filing of the written grievance. 12.7.4. Arbitrators may not award remedies which require a direct money payment (payout) by the District of more than $5,000 to the grievant or other unit members similarly situated even if they were not grievants. In cases where the potential aggregate award exceeds $5,000, the grievant or Association make seek remedy in any court of competent jurisdiction; the District waives any requirement for utilization/exhaustion of the grievance procedure in such cases. 12.7.5. The grievance procedure may not be utilized to challenge or change the policies of the District as set forth in the Board policies, administrative regulations, and procedures. Challenges to such matters must be undertaken under separate legal processes. 12.7.6. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement.
Appears in 2 contracts
Sources: Employer Employee Relations Agreement, Employer Employee Relations Agreement