Common use of Section 14.3 Clause in Contracts

Section 14.3. 40 If the Association is not satisfied with the disposition of the grievance at the previous step, the 41 Association can submit the grievance to arbitration before an impartial arbitrator. The arbitrator shall 42 be selected by the American Arbitration Association in accord with its rules, which shall likewise 43 govern the arbitration proceeding. Neither the employer nor the Association shall be permitted to 44 assert, in such arbitration proceeding, any grounds not previously disclosed to the other party. 46 The arbitrator shall be without power to authority to render a decision which could require the 47 commission of an act prohibited by law or which is contrary to the terms of the agreement. The 48 arbitrator shall have no power to add to, subtract from, modify, or amend any of the terms of this 1 agreement. The arbitrator shall have no power to substitute his/her discretion for that of the board in 2 any matter that has not been specifically contracted away by the board via the express terms and 3 conditions of this agreement. The arbitrator shall be without power or authority to assess punitive 4 damages against either party. The decision of the arbitrator will be submitted to the Association and 5 the board and will be final and binding upon them. The costs and expenses of the arbitrator will be 6 borne equally by the Association and by the District. All other costs will be borne by the party 7 incurring them. 11 ARTICLE XV 12

Section 14.3. 40 2 If the Association is not satisfied with the disposition of the grievance at the previous step, the 41 3 Association can submit the grievance to arbitration before an impartial arbitrator. The arbitrator shall 42 4 be selected by the American Arbitration Association in accord with its rules, which shall likewise 43 5 govern the arbitration proceeding. Neither the employer nor the Association shall be permitted to 44 6 assert, in such arbitration proceeding, any grounds not previously disclosed to the other party. 46 8 The arbitrator shall be without power to authority to render a decision which could require the 47 9 commission of an act prohibited by law or which is contrary to the terms of the agreement. The 48 10 arbitrator shall have no power to add to, subtract from, modify, or amend any of the terms of this 1 11 agreement. The arbitrator shall have no power to substitute his/her discretion for that of the board in 2 12 any matter that has not been specifically contracted away by the board via the express terms and 3 13 conditions of this agreement. The arbitrator shall be without power or authority to assess punitive 4 14 damages against either party. The decision of the arbitrator will be submitted to the Association and 5 15 the board and will be final and binding upon them. The costs and expenses of the arbitrator will be 6 16 borne equally by the Association and by the District. All other costs will be borne by the party 7 17 incurring them. 11 20 21 ARTICLE XV 1222 23 SALARIES AND EMPLOYEE COMPENSATION 24 25 Section 15.1. 26 Employees shall be compensated in accordance with the provisions of this agreement for actual time 27 worked. Each employee shall receive a full accounting and itemization of authorized deductions, hours 28 worked, and rates paid with each paycheck. 29