Arbitration Determination. If the District claims that the grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, or that the dispute has become moot, such a claim shall, at the option of the District, be heard and ruled upon by the arbitrator prior to any hearing on the merits of the grievance, with a suitable continuance between such a ruling and any further proceedings which may be necessary. The District may also, at its option, have such a claim heard without prejudice along with the merits of the case. If the District should instead choose to refuse to proceed to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the District to proceed to arbitration.
Appears in 4 contracts
