Power of Arbitrator. A. The Arbitrator is charged with conducting an impartial hearing and empowered, except as limited below, to issue a binding decision in case of alleged violations outlined in Article 6, Section 1 of this Agreement. B. The Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of the Agreement. C. The Arbitrator shall have no power to establish salary schedules or change salary schedules. D. The Arbitrator shall have no power to decide any questions that, under this Agreement, are solely within the responsibility of management to decide. In rendering a decision, the Arbitrator shall give due regard to the responsibilities of management except as they may be conditioned by this Agreement. E. In the event a case is appealed to an arbitrator on which he/she determines he/she has no power to rule, it shall be referred back to OAPSE, with notification to the Administration without decision or recommendation on its merits. F. The decision of the arbitrator shall be binding on all parties. G. Three-quarters of the fees and expenses of the arbitrator shall be paid by the losing party and one-quarter by the prevailing party. The arbitrator shall designate the losing and prevailing party as part of his/her decision. Any other expenses resulting from the grievance arbitration shall be borne by the party(s) incurring them and neither party shall be responsible for the expense of witnesses, except where it is mutually agreed because the hearing is during a witness’s regular hours of employment. If a party cancels or postpones the arbitration hearing without sufficient time to avoid the arbitrator’s late cancellation fee, the late cancellation fee shall be paid by the party canceling or postponing the hearing unless there is mutual agreement to share the costs.
Appears in 7 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement