Common use of Power of the Arbitrator Clause in Contracts

Power of the Arbitrator. (a) It shall be the function of the arbitrator and he shall be empowered except as his powers are limited below, after due investigation, to make a decision in case of alleged violations by the aggrieved. (b) He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (c) He shall have no power to establish salary schedules or change salary schedules. (d) He shall have no power to decide any questions which, under this Agreement, is solely within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management except as they may be conditioned by this Agreement. (e) In the event that a case is appealed to an arbitrator on which he determines he has no power to rule, it shall be referred back to the Association, with notification to the Administration without decision or recommendation on its merits. (f) There shall be no appeal from an arbitrator’s decision if within the scope of his authority as set forth above and if within the Board’s and Association’s legal authority. It shall be final and binding on the employee or employees involved in the grievance, and the Association, the Administration and the Board. (g) The fees and expenses of the arbitrator shall be borne by the losing party. Any expenses resulting from the grievance arbitration shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called to testify for the other side.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Power of the Arbitrator. (a) A. It shall be the function of the arbitrator Arbitrator and he shall be empowered except as his powers are limited below, after due investigation, to make a decision in case of an alleged violations by the aggrievedviolation. (b) B. He shall have no power to add to, subtract substract from, disregard, alter or modify any of the terms of this Agreement. (c) C. He shall have no power to establish salary schedules or change salary schedules. (d) D. He shall have no power to decide any questions question which, under this Agreement, Agreement is solely within the responsibility of management to decide. In rendering decisions, an arbitrator Arbitrator shall give due regard to the responsibility of management except as they may be conditioned by this Agreement. (e) E. In the event that a case is appealed to an arbitrator Arbitrator on which he determines he has no power to rule, it shall be referred back to the Association, with a notification to the Administration without decision or recommendation recommendations on its merits. (f) F. There shall be no appeal from an arbitratorArbitrator’s decision if within the scope of his authority as set forth above and if within the Board’s and Association’s legal authorityabove. It shall be final and binding on the employee or employees involved in the grievance, and the Association, the Administration and the Board. (g) G. The fees and expenses of the arbitrator Arbitrator shall be borne paid by the losing partyloser. Any other expenses resulting from the grievance arbitration shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses, except where it is agreed to that such hearing is during the witnesses called to testify for the other sideregular hours of employment.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Power of the Arbitrator. (a) a. It shall be the function of the arbitrator arbitrator, and he shall be empowered except as his his/her powers are limited below, below after due investigation, to make a decision in case of alleged violations by the aggrievedoutlined in Article 7, Section A, of this Agreement. (b) b. He shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this Agreement. (c) c. He shall have no power to establish salary schedules or change salary schedules. (d) d. He shall have no power to decide any questions question which, under this Agreement, is solely within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management except as they may be conditioned by this Agreement. (e) e. In the event that a case is appealed to an arbitrator on which he determines he has no power to rule, it shall be referred back to the Association, with a notification to the Administration without decision or recommendation on its merits. (f) f. There shall be no appeal from an arbitrator’s 's decision if within the scope of his his/her authority as set forth above and if within the Board’s and Association’s legal authorityabove. It shall be final and binding on the employee or employees involved in the grievance, grievance and the Association, the Administration and the Board. (g) g. The fees and expenses of the arbitrator shall be borne paid by the losing party. Any other expenses resulting from the grievance arbitration shall be borne by the party incurring them, them and neither party shall be responsible for the expense expenses of witnesses called to testify for the other sidewitnesses.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Power of the Arbitrator. (a) A. It shall be the function of the arbitrator and he he/she shall be empowered except as his his/her powers are limited below, after due investigation, to make a decision render an opinion in case of an alleged violations by the aggrieved. (b) He violation, interpretation, or application of this agreement or uniform application of Board rules and regulations. He/she shall have no power to add toadd, to subtract from, disregard, alter alter, or modify any of the terms of this Agreementagreement. Except in matters specifically restricted by the terms of this agreement, the arbitrator shall have no right to substitute his judgment for that of the Administration. (c) He B. He/she shall have no power to decide any question which, under this agreement, is solely within the responsibility of management to decide. In rendering an opinion, the arbitrator shall give due regard to the responsibility of management except as it may be limited by specific language of this agreement. C. The arbitrator shall have no power to establish salary schedules or change salary schedules. (d) He shall have no power to decide any questions which, under this Agreement, is solely within D. The findings and opinion of the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to be binding upon the responsibility of management except as they may be conditioned by this Agreement. (e) In the event that a case is appealed to an arbitrator on which he determines he has no power to rule, it shall be referred back to the Association, with notification to the Administration without decision or recommendation on its merits. (f) There shall be no appeal from an arbitrator’s decision if within the scope of his authority as set forth above and if within the Board’s and Association’s legal authority. It shall be final and binding on the employee or employees involved in the grievance, and the Associationgrievant, the Administration Union, the Administration, and the Board. (g) E. The fees and expenses of the arbitrator shall be borne shared equally by the losing partyUnion and the Board. Any other expenses resulting from the grievance arbitration shall be borne by the party incurring requesting them, and neither party shall be responsible for the expense of witnesses called to testify for witnesses, except where it is agreed that such hearing is during the other sidewitness' regular work hours.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Power of the Arbitrator. (a) It shall be the function of the arbitrator and he shall be empowered except as his powers are limited below, after due investigation, to make a decision in case of alleged violations by the aggrieved. (b) He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (c) He shall have no power to establish salary schedules or change salary schedules. (d) He shall have no power to decide any questions which, under this Agreement, is solely within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management except as they may be conditioned by this Agreement. (e) In the event that a case is appealed to an arbitrator on which he determines he has no power to rule, it shall be referred back to the Association, with notification to the Administration without decision or recommendation on its merits. (f) There shall be no appeal from an arbitrator’s decision if within the scope of his authority as set forth above and if within the Board’s and Association’s legal authority. It shall be final and binding on the employee or employees involved in the grievance, and the Association, the Administration and the Board. (g) . The fees and expenses of the arbitrator shall be borne by the losing party. Any expenses resulting from the grievance arbitration shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called to testify for the other side.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Power of the Arbitrator. (a) A. It shall be the function of the arbitrator and he shall be empowered empowered, except as his powers are limited below, after due investigation, to make a decision in case of alleged violations by the aggrievedviolation outlined in Article 21, Section 1 of this Agreement. (b) B. He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (c) C. He shall have no power to establish salary schedules or change salary schedules. (d) D. He shall have no power to decide any questions question which, under this Agreement, is solely within the responsibility of management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management except as they may be conditioned by this Agreement. (e) E. In the event that a case is appealed to an arbitrator on which he determines he has no power to rule, it shall be referred back to the Association, with a notification to the Administration without decision or recommendation on its merits. (f) There shall be no appeal from an F. The arbitrator’s decision 's decision, if within the scope of his authority as set forth above and if within the Board’s and Association’s legal authority. It above, shall be final and binding on to the employee or employees involved in the grievance, and the Association, the Administration and the Boardparties. (g) G. The fees and expenses of the arbitrator shall be borne paid by the losing party. Any other expenses resulting from the grievance arbitration shall be borne by the party incurring them, them and neither party shall be responsible for the expense of witnesses called witnesses, except where it is agreed to testify for the other sidethat such hearing is during a witness' regular hours of employment.

Appears in 1 contract

Sources: Master Agreement