Bifurcation. No later than 21 calendar days before a scheduled hearing or anytime before the hearing is scheduled, either party may move to bifurcate into separate jurisdictional and merits proceedings so that all jurisdictional issues shall be decided prior to a hearing on the merits of the grievance. Jurisdictional issues include, but are not limited to, questions of timeliness, compliance with the grievance procedures in Article 6, staleness, standing, election of remedies and arbitrator authority. The parties may submit documentation to the Arbitrator in support of their positions on jurisdictional matters. In the event no questions of fact exist regarding the jurisdictional issues, the parties may, with both parties’ consent, forego a formal hearing on jurisdiction and present written submissions directly to the arbitrator. The arbitrator is empowered to make a decision based upon the submissions. If the parties do not agree on whether questions of fact exist to warrant a formal hearing, either party may request that the arbitrator make this determination and the arbitrator is empowered to do so. A hearing on the merits will only be scheduled after the arbitrator has rendered a decision on all jurisdictional issues. Bifurcation hearings will be held virtually, unless mutually agreed to by the parties.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
