Powers of an Arbitrator Sample Clauses

Powers of an Arbitrator. A grievance referred to arbitration shall be determined by a mutually acceptable arbitrator/Board of Arbitration who shall have all the powers described in Part 1 of the Canada Labour Code.
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Powers of an Arbitrator. The decision of the Arbitrator shall be made within ten (IO) working days of the conclusion of the hearings, or such longer periods as may be allowed by mutual agreement of the parties. The decision of the Arbitrator shall be final and binding. The Arbitrator shall establish his own rules of procedure but shall give full opportunity to the parties to present evidence and make representations, and to afford the opposing party adequate opportunity to cross-examine witnesses. The expenses and compensation of the Arbitrator shall be borne by the parties, by dividing the cost equally.
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Powers of an Arbitrator. ‌ 1) The arbitrator shall have the following general powers: a) To determine whether there has been a breach of this Agreement. b) To make any appropriate award that gives effect to the Collective Agreement and to ensure compliance therewith. c) To determine the appropriate form of and the procedure to be followed at the arbitration proceedings. d) To make any order as to costs that he deems appropriate. 2) The arbitrator shall have the power to make an award in the absence of a party who is alleged to have breached the Agreement, if- a) such party fails to appear in person or to be represented at the arbitration proceedings; b) proof is presented that such party has been notified of the proceedings: Provided that notice of the arbitration proceedings shall be deemed to have been given if proof is presented that written notification has been forwarded to such party- i) by registered mail to such party's last-known address and 14 (fourteen) days have elapsed since such notification has been mailed; or ii) by fax transmission to such party's last-known fax number; or iii) by hand delivery to such party's last-known business or residential address; or iv) an electronic mail has been sent to such party c) prima facie evidence has been presented to the arbitrator that the party in question has failed to comply with this Agreement. 3) The arbitrator shall have the power to vary, rescind or amend any arbitration award made by him or any arbitrator. The arbitrator shall have this power if- a) the award was erroneously sought or erroneously made in the absence of any party affected by the award; b) the award is ambiguous or contains on obvious error or omission, but only to the effect of that ambiguity, error or omission; c) the award was granted as a result of a mistake common to the parties to the proceedings. 4) If the arbitrator finds that any party to the dispute has failed to comply with a provision of any of the Council's Collective Agreements which are binding on that party, then the arbitrator shall, in addition to any other appropriate order, impose a fine on the non-compliant party in accordance with clause 50.
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Powers of an Arbitrator. A grievance referred to arbitration shall be determined by a mutually acceptable of arbitration who shall have all the powers described in Part of the Canada Labour Code. Cost of Arbitration In respect of the cost of arbitration of grievances, the parties shall share equally the fee and expenses of the sole Arbitrator or the Chair of the Arbitration Board and, where applicable, each party shall be responsible for the expenses of their respective nominee to the Board of Arbitration.
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Powers of an Arbitrator. A grievance referred to arbitration shall be determined by a mutually acceptable of arbitration who shall have all the powers described in Part of the Canada Labour Code. Cost of Arbitration In respect of the cost of arbitration of grievances, the parties shall share equally the fee and expenses of the sole Arbitrator or the Chair of the Arbitration Board and, where applicable, each shall be responsible for the expenses of their respective nominee to the Board of Arbitration. The parties will agree to a list of arbitrators for each geographical area to whom grievances may be referred. This list shall be reviewed at the mid-point of the Collective Agreement and may be amended by mutual agreement. Each party will alternate in selecting an arbitrator to sit as a sole arbitrator or as a chair of the Arbitration Board from the appropriate list. In the event that the arbitrator selected by a party is unable to hear the grievance within ninety (90) days of the referral to arbitration, the party having made the selection may choose another arbitrator from the list.
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Related to Powers of an Arbitrator

  • Selection of an Arbitrator The parties will reach agreement on a mutually acceptable arbitrator as needed. If agreement cannot be obtained between the parties then either party can apply to the Minister of Labour to have an arbitrator appointed.

  • Selecting an Arbitrator The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.

  • Powers of the Arbitrator It shall be the function of the arbitrator and he shall be so empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles of this Agreement. (a) He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He shall have no power to change any practice, policy, or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His powers shall be limited to deciding whether the Board has violated the express article or sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, an arbitrator shall give due regard to the responsibility of management 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. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the authority to order full, partial, or no compensation for time lost subject to items (a) through (g) of this Section.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.