Thedifferenceisintheidentityofthedoer o

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Unformatted text preview: necessarily
 limited
 to
 matters
 specifically
 stated
in
the
contract.

 o It
is
common,
however,
for
some
relationship
to
be
shown
 between
 the
 matter
 in
 dispute
 and
 the
 provisions
 of
 the
 contract
 • No
power
to
add
to
or
subtract
from
the
contract
 o Some
arbitration
clauses
limit
the
arbitrator’s
power
to
an
 interpretation
and
application
of
the
contract
and
further
 specifically
provide
that
he
“shall
have
no
power
to
add
to
 or
subtract
from
the
contract”
 Such
clauses
clearly
state
the
parties’
intention
that
 the
arbitrator
will
be
empowered
only
to
interpret
 the
contract
but
not
add
to
or
modify
it
 o The
 distinction
 between
 an
 award
 that
 merely
 interprets
 and
one
that
adds
to
or
modifies
the
contract
is
not
always
 easy
to
make
 o A
 far
 more
 effective
 way
 to
 narrow
 the
 range
 of
 arbitral
 power
is
to
state
exactly
what
matter
he
is
not
to
handle
 o As
a
general
rule,
the
authority
of
an
arbitrator
embraces
 or
covers
the
following:
 5
 5. General
 authority
 to
 investigate
 and
 hear
 the
 case
 upon
notice
to
the
parties
and
to
render
an
award
 based
on
the
contract
and
record
of
the
case
 Incidental
 authority
 to
 perform
 all
 acts,
 necessary
 to
 an
 adequate
 discharge
 of
 his
 duties
 and
 responsibilities
like
setting
and
conduct
of
hearing,
 attendance
 of
 witnesses
 and
 production
 of
 documents
 and
 other
 evidences,
 fact‐finding
 and
 other
 modes
 of
 discovery,
 reopening
 of
 hearing,
 etc;
 Special
 powers
 in
 aid
 of
 his
 general
 contractual
 authority
 like
 the
 authority
 to
 determine
 arbitrability
of
any
particular
dispute
and
to
modify
 any
 provision
 of
 existing
 agreement
 upon
 which
 a
 proposed
change
is
submitted
for
arbitration
 Authority
to
issue
writ
of
execution
 Functions
of
arbitrator
 • The
 labor
 arbitrator
 under
 a
 CBA
 is
 an
 indispensable
 agency
 in
 the
 continuous
collective
bargaining
process.

 • The
 labor
 arbitrator
 is
 usually
 chosen
 because
 of
 the
 parties’
 confidence
in
his
knowledge
of
the
common
law
of
the
shop
and
their
 trust
 in
 his
 personal
 judgment
 to
 bring
 to
 bear
 considerations
 not
 expressed
in
the
contract
as
criteria
for
judgment
 • The
 power
 and
 authority
 of
 arbitrators
 in
 labor
 dispute
 case
 is
 derived
from
and
limited
by
the
terms
of
the
parties’
agreement.
The
 arbitrator
is
confined
to
interpretation
and
application
of
th...
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