Common use of Powers of the Arbitrator Clause in Contracts

Powers of the Arbitrator. The arbitrator shall have the power and authority as set forth herein to resolve such grievances. A. It is expressly agreed that the power and authority of the arbitrator shall be limited in each case to the resolution of the question submitted to him/her. It is further specifically agreed that the arbitrator shall have no power to add to, subtract from, or modify, any of the terms of this Agreement; nor shall the arbitrator substitute his/her discretion for that of the Board where such discretion has been retained by the Board or the Association under Article II, respectively; nor shall the arbitrator exercise any responsibility or function of the Board or the Association. The decision of the arbitrator shall be final and binding on all of the parties, and neither the employee nor the Association shall seek independent judicial interpretation or relief for an alleged violation of this Agreement, such remedy being hereby expressly waived in favor of this grievance process. B. The fees and expenses of the Arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. C. No decision in any one case shall require a retroactive adjustment in any other case. D. The arbitrator shall have no power to establish salary scales. E. The arbitrator shall have no power to rule on any of the following: 1. Any Board decision or action based on Article IV of this Agreement; 2. The decision, rule, regulation, policy, eligibility, benefit, or contract terms of any insurance carrier providing coverage described elsewhere in this Agreement; 3. Where the Board is without authority to take the action sought or legally it cannot act; 4. If an appeal can be made under the terms of the Michigan Act 4, 1937, (Extra Session); and 5. The termination or failure to re-employ.

Powers of the Arbitrator. The arbitrator It shall have be the power function of the arbitrator, and authority he/she shall be empowered except as set forth herein his/her powers are limited below, after due investigation, to resolve such grievancesmake decisions in cases of alleged violations of specific articles and sections of this agreement. A. It is expressly agreed that the power and authority of the arbitrator shall be limited in each case to the resolution of the question submitted to hima. He/her. It is further specifically agreed that the arbitrator she shall have no power to add to, subtract from, alter or modify, modify any of the terms of this Agreement; the agreement. b. He/she shall have no power to establish salary structures or change in salary. c. He/she shall have no power to rule on any of the following: Termination of services or failure to re-employ any probationary employee. d. He/she shall have no power to change any practice, policy, or rule of the Board nor shall the arbitrator to substitute his/her discretion judgment for that of the Board where as to the reasonableness of any such discretion has been retained practice, policy, rule or any action taken by the Board or Board, not in conflict with the Association provisions of this agreement. e. He/she shall have no power to decide any question which, under Article IIthis agreement, respectively; nor shall is within the arbitrator exercise any responsibility or function of the Board or to decide. f. There shall be no appeal from an arbitrator’s decision if within the Associationscope of his/her authority as set forth above. The decision of the arbitrator It shall be final and binding on all of the partiesAssociation, its members, the employee or employees involved, and neither the employee nor the Association shall seek independent judicial interpretation or relief for an alleged violation of this Agreement, such remedy being hereby expressly waived in favor of this grievance processBoard. B. The g. Losers shall pay the fees and expenses of the Arbitrator shall be shared equally by the Board and the Associationarbitrator. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. C. No h. The arbitrator’s findings and recommendations shall be forwarded to the parties and the adverse party shall issue its decision in any one case shall require a retroactive adjustment in any other casewith respect to implementation of said findings no later than fifteen (15) days from the date of receipt. D. The arbitrator shall have no power to establish salary scales. E. The arbitrator shall have no power to rule on any of the following: 1. Any Board decision or action based on Article IV of this Agreement; 2. The decision, rule, regulation, policy, eligibility, benefit, or contract terms of any insurance carrier providing coverage described elsewhere in this Agreement; 3. Where the Board is without authority to take the action sought or legally it cannot act; 4. If an appeal can be made under the terms of the Michigan Act 4, 1937, (Extra Session); and 5. The termination or failure to re-employ.

Powers of the Arbitrator. The arbitrator a. It shall have be the power and authority as set forth herein to resolve such grievances. A. It is expressly agreed that the power and authority function of the arbitrator and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in each case to the resolution cases of alleged violation of the question submitted to himspecific Articles and Sections of this Agreement. He/her. It is further specifically agreed that the arbitrator she shall have no power to add to: 1. Add to, subtract from, disregard, alter or modify, modify any of the terms of this the Agreement; nor shall ; 2. Establish salary scales or change any salary; 3. Rule on the arbitrator termination of the services of or failure to re-employ any probationary employee; 4. To change any practice, policy, or rule of the Township Board or to substitute his/her discretion judgment for that of the Township Board where as to the reasonableness of any such discretion has been retained practice, policy, rule, or any action taken by the Board or the Association under Article II, respectively; nor shall the arbitrator exercise any responsibility or function of the Board or the AssociationBoard. The decision of the arbitrator His/her powers shall be final and binding on all limited to deciding whether the Township has violated the express Articles or Sections of this Agreement by such action. b. If either party disputes the parties, and neither arbitrability of any grievance under the employee nor the Association shall seek independent judicial interpretation or relief for an alleged violation terms of this Agreement, such remedy being hereby expressly waived in favor of this the arbitrator shall have to decide if the grievance processis arbitral. In the event that a case is appealed to an arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. B. c. There shall be no appeal from an arbitrator’s decision if within the scope of his authority as set forth above. It shall be binding upon the Union, its members, the employee or the employees involved and the Township. d. The fees and expenses of the Arbitrator arbitrator shall be shared equally by the Board and the Associationparties. All other expenses shall be borne by the party incurring them them, and neither party shall be responsible for the expense of witnesses called by the other. C. No decision in any one case shall require a retroactive adjustment in any other case. D. The arbitrator shall have no power to establish salary scales. E. The arbitrator shall have no power to rule on any of the following: 1. Any Board decision or action based on Article IV of this Agreement; 2. The decision, rule, regulation, policy, eligibility, benefit, or contract terms of any insurance carrier providing coverage described elsewhere in this Agreement; 3. Where the Board is without authority to take the action sought or legally it cannot act; 4. If an appeal can be made under the terms of the Michigan Act 4, 1937, (Extra Session); and 5. The termination or failure to re-employ.

Powers of the Arbitrator. The arbitrator It shall have be the power function of the Arbitrator and authority he/she shall be so empowered, except as set forth herein his/her powers are limited below, after due investigation, to resolve such grievancesmake a decision in cases of alleged violation of the specific terms of this Agreement. A. It is expressly agreed that the power and authority of the arbitrator shall be limited in each case to the resolution of the question submitted to hima) He/her. It is further specifically agreed that the arbitrator she shall have no power to add to, subtract from, disregard, alter, or modify, modify any of the terms of this Agreement; nor shall the arbitrator substitute his/her discretion for that of the Board where such discretion has been retained by the Board or the Association under Article II, respectively; nor shall the arbitrator exercise any responsibility or function of the Board or the Association. The decision of the arbitrator shall be final and binding on all of the parties, and neither the employee nor the Association shall seek independent judicial interpretation or relief for an alleged violation of this Agreement, such remedy being hereby expressly waived in favor of this grievance process. B. The fees and expenses of the Arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. C. No decision in any one case shall require a retroactive adjustment in any other case. D. The arbitrator b) He/she shall have no power to establish salary scaleswage rates or to change any rate. E. The arbitrator c) He/she shall have no power to rule on any the termination of the following: 1. Any Board decision or action based on Article IV of this Agreement; 2. The decision, rule, regulation, policy, eligibility, benefit, or contract terms of any insurance carrier providing coverage described elsewhere in this Agreement; 3. Where the Board is without authority to take the action sought or legally it cannot act; 4. If an appeal can be made under the terms of the Michigan Act 4, 1937, (Extra Session); and 5. The termination service or failure to re-employemploy any probationary employee. d) He/she shall have no power to change any practice, policy or rule of the Board of Education, nor to substitute his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. e) His/her 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 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 on both parties. g) In the event that a case is appealed to an Arbitrator on which he/she 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) in this Section. i) Only one [1] grievance may be submitted to an Arbitrator selected, unless by written mutual agreement of the parties. This paragraph does not prohibit the Arbitrator from ruling on the arbitrability of an issue and then the issue. j) If a scheduled arbitration case is postponed on less than one [1] week’s notice to the other party, the party requesting the postponement will pay any and all Arbitrator charges caused by the postponement. k) The Union will give the Superintendent five [5] working days advance notice of employees it needs to be excused from work to attend the arbitration hearing. l) Neither party shall be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. Unless the arbitrator determines that good cause exist to do so. m) The Arbitrator may not grant a grievance which in effect grants the Union that which it attempted to bargain into the Agreement but failed to do so. n) The decision of the Arbitrator must be rendered in writing within thirty [30] calendar days of the closing of the hearing.