Common use of Power of Arbitrator Clause in Contracts

Power of Arbitrator. [: shall be the function of the arbitrator, and he/she shall be empowered, exc'~pt as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the terms of this Agreement, interpretation of rules and regulations pro- pounded by the City hereunder, or the reasonableness of such rules and regulations as propounded. (1) He shall have no power to add to, or subtract from, or modify any of the terms of any Agreement. (2) He shall have no power to establish salary scales or change any salary. (3) He shall have no power to substitute his/her discretion for the City's discretion in cases where the City is given discretion by this Agreement, except that he/she shall have the power to interpret rules and r~gulations as propounded by the City and/or to determine the reasonableness of such rules and regulations as have been adopted by the terms of this Agreement, as apply to any particular claimant. (4) He shall have no power to decide any question which, under this Agreement, is within the responsibility of the City to decide. In rendering .decisions, an arbitrator shall have due regard to the responsibility of the City 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. a. In the event that a case is appealed to an arbitra- tor on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merit. b. If any award of an arbitrator requires the approval of any governmental agency, the said award shall be subject to such approval. c. There shall be no appeal from an arbitrator's deci- sion. It shall be final and. binding on the Union, its members, the employee or employees involved, and the City. The Union shall discourage any attempt of its members, and shall not encourage or cooperate with any of its members in any appeal to any court or Labor Board from a decision of an arbitrator, nor shall the Union or its members by any other means attempt to bring settlement of any claim or issue. d. The fees and expenses of an arbitrator, if any, shall be shared equally by the City and" the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible :'or the expense of witnesses called by the other party.

Power of Arbitrator. [: It shall be the function of the arbitrator, and he/she shall be empowered, exc'~pt except as his/her hisfher powers are limited below, after due investigation, to make a decision in cases of alleged violation of the terms of this Agreement, interpretation of rules and regulations pro- pounded by the City by.. the~.City hereunder, or the reasonableness of such rules and regulations as propounded. (1) He shall have no power to add to, or subtract from, or modify any of the terms of any Agreement. (2) He shall have no power to establish salary scales or change any salary.. . ~ (3) He shall have no power to substitute su~titute his/her discretion for the City's discretion in cases where the City is given discretion by this Agreement, except that he/she shall have the power to interpret rules and r~gulations regulations as propounded by the City and/or to determine the reasonableness of such rules and regulations as have been adopted by the terms of this Agreement, as apply to any particular claimant. (4) He shall have no power to decide any question which, under this Agreement, is within the responsibility of the City to decide. In rendering .decisionsdecisions, an arbitrator shall have due regard to the responsibility of the City and shall so construe the Agreement that there will be no no-interference with such responsibilities except as they may be specifically conditioned by this Agreement. a. In the event that a case is appealed to an arbitra- tor on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merit. b. If any award of an arbitrator requires the approval of any governmental agency, the said award shall be subject to such approval. c. There shall be no appeal from an arbitrator's deci- sion. It shall be final and. and binding on the Union, its members, the employee or employees involved, and the City. The Union shall discourage any attempt of its members, and shall not encourage or cooperate with any of its members in any appeal to any court or Labor Board from a decision of an arbitrator, . nor shall the Union or its members by any other means attempt to bring settlement of any claim or issue. d. The fees and expenses of of- an arbitrator, if any, shall be shared equally by the City and" and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible :'or for the expense of witnesses called by the other party.

Power of Arbitrator. [: It shall be the function of the arbitrator, and he/she shall be empowered, exc'~pt except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the terms of this Agreement, interpretation of rules and regulations pro- pounded propounded by the City hereunder, or the reasonableness of such rules and regulations as propounded. (1) He . He/she shall have no power to add to, or subtract from, or modify any of the terms of any Agreement. (2) He . He/she shall have no power to establish salary scales or change any salary. (3) He . He/she shall have no power to substitute his/her discretion for the City's ’s discretion in cases where the City is given discretion by this Agreement, except that he/she shall have the power to interpret rules and r~gulations regulations as propounded by the City and/or to determine the reasonableness of such rules and regulations as have been adopted by the terms of this Agreement, as apply to any particular claimant. (4) He . He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the City to decide. In rendering .decisionsdecisions, an arbitrator shall have due regard to the responsibility of the City City, and shall so construe the Agreement that there will be no interference with such responsibilities responsibilities, except as they may be specifically conditioned by this Agreement. a. In the event that a case is appealed to an arbitra- tor arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merit. b. If any award of an arbitrator requires the approval of any governmental agency, the said award shall be subject to such approval. c. There shall be no appeal from an arbitrator's deci- sion’s decision. It shall be final and. and binding on the Union, its members, the employee Employee or employees Employees involved, and the City. The Union shall discourage any attempt of its members, and shall not encourage or cooperate with any of its members in any appeal to any court or Labor Board from a decision of an arbitrator, nor shall the Union or its members by any other means attempt to bring settlement of any claim or issue. d. The fees and expenses of an arbitrator, if any, shall be shared equally by the City and" and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible :'or for the expense of witnesses called by the other party.