Common use of Powers of Arbitrator Clause in Contracts

Powers of Arbitrator. The arbitrator shall have all remedial powers vested in arbitrators under the applicable provincial labour relations legislation. The arbitrator has no jurisdiction to award punitive damages subject to Article 8.02 (d). Without limiting the generality of the foregoing, the arbitrator shall; (a) have all necessary powers to hear and determine the real subject of the grievance and issue a decision according to the merits and containing whatever disposition they deem is just and equitable; (b) have the power to determine their own procedure including receiving such evidence as they in their sole discretion deem relevant and trustworthy, the whole having regard to the principles of fairness and natural justice; and (c) award damages where appropriate in lieu of reinstatement. (d) The arbitrator or board of arbitration shall not have the power or authority to set aside, amend, modify, delete or add to any provision of this Agreement. (e) The costs and expenses of the arbitrator shall be shared equally by the District Council, the Producer and/or the CMPA, when participating. (f) The decision of the arbitrator or board of arbitration shall be issued in writing to the parties to the dispute, and the CMPA, and shall be final and binding on the parties and the Guild Member. (g) Any time limitations prescribed herein may only be extended by mutual agreement of the parties to the grievance, the District Council and the CMPA. (h) If necessary, the arbitration provisions of this Agreement shall apply for the purpose of commercial arbitration legislation.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Core Agreement

Powers of Arbitrator. The arbitrator shall have all remedial powers vested in arbitrators under the applicable provincial labour relations legislation. The arbitrator has no jurisdiction to award punitive damages subject to Article 8.02 (d)damages. Without limiting the generality of the foregoing, the arbitrator shall; (a) have Have all necessary powers to hear and determine the real subject of the grievance and issue a decision according to the merits and containing whatever disposition they deem is just and equitable; (b) have Have the power to determine their own procedure including receiving such evidence as they in their sole discretion deem relevant and trustworthy, the whole having regard to the principles of fairness and natural justice; and (c) award Award damages where appropriate in lieu of reinstatement. (d) The arbitrator or board of arbitration shall not have the power or authority to set aside, amend, modify, delete or add to any provision of this Agreement. (e) The costs and expenses of the arbitrator shall be shared equally by the District Council, Council and the Producer and/or the CMPA, when participatingProducer. (f) The decision of the arbitrator or board of arbitration shall be issued in writing to the parties to the dispute, and the CMPA, and shall be final and binding on the parties and the Guild Member. (g) Any time limitations prescribed herein may only be extended by mutual agreement of the parties to the grievance, the District Council and the CMPA. (h) If necessary, necessary the arbitration provisions of this Agreement shall apply for the purpose of commercial arbitration legislation.

Appears in 2 contracts

Sources: Standard Agreement, Standard Agreement

Powers of Arbitrator. The arbitrator shall have all remedial powers vested in arbitrators under the applicable provincial labour relations legislation. The arbitrator has no jurisdiction to award punitive damages subject to Article 8.02 (d)damages. Without limiting the generality of the foregoing, the arbitrator shall; (a) have all necessary powers to hear and determine the real subject of the grievance and issue a decision according to the merits and containing whatever disposition they deem is just and equitable; (b) have the power to determine their own procedure including receiving such evidence as they in their sole discretion deem relevant and trustworthy, the whole having regard to the principles of fairness and natural justice; and (c) award damages where appropriate in lieu of reinstatement. (d) The arbitrator or board of arbitration shall not have the power or authority to set aside, amend, modify, delete or add to any provision of this Agreement. (e) The costs and expenses of the arbitrator shall be shared equally by the District Council, the Producer and/or the CMPA, when participating. (f) The decision of the arbitrator or board of arbitration shall be issued in writing to the parties to the dispute, and the CMPA, and shall be final and binding on the parties and the Guild Member. (g) Any time limitations prescribed herein may only be extended by mutual agreement of the parties to the grievance, the District Council and the CMPA. (h) If necessary, necessary the arbitration provisions of this Agreement shall apply for the purpose of commercial arbitration legislation.

Appears in 1 contract

Sources: Standard Agreement