GRIEVABILITY/ARBITRABILITY DETERMINATIONS Clause Samples
GRIEVABILITY/ARBITRABILITY DETERMINATIONS. The Employer agrees to furnish the Union a final written decision concerning the nongrievability or nonarbitrability of a grievance, within the time limits provided for the written decision in Step II of this procedure. If the grievance is alleged to be subject to statutory appeal procedures, except as modified by Article 5, Discipline, the decision shall expressly state that it is the activity's final decision in the matter. All disputes of grievability or arbitrability shall be referred to an arbitrator as a threshold issue of the grievance in accordance with Article 7, Arbitration. If the arbitrator determines that the issue is arbitrable, the arbitrator will hear the merits of the grievance.
GRIEVABILITY/ARBITRABILITY DETERMINATIONS. The arbitrator shall have the authority to make all grievability and/or arbitrability determinations providing it is in accordance with law, rule and regulation and FLRA decisions. Questions of arbitrability shall be submitted by either party to the arbitrator in writing and be decided prior to any hearing, unless otherwise mutually agreed upon. Disputes as to whether a matter is grievable or arbitrable may be resolved to the extent possible by the parties themselves on the basis of staff guidance solicited from the Northwestern Division, the Headquarters US Army Corps of Engineers, NFFE FL7 IAMAW, and the Office of Personnel Management. However, these requests for guidance shall not be allowed to modify any time limits unless mutually agreed by the parties. A question of grievability or arbitrability that is not raised in writing within ten (10) days prior to the arbitration hearing will be considered waived for arbitration purposes.
GRIEVABILITY/ARBITRABILITY DETERMINATIONS. The Employer agrees to furnish the Union a final written decision concerning the non- grievability or non- arbitrability of a grievance initiated under this Article. The decision will provide the union with rationale supporting the grievability/arbitrability issue being raised. Decisions will normally be provided at either the Step I or II written response; however, if an arbitrability issue arises after issuance of the Step II decision, management will issue a separate written notice to the union. All disputes of grievability or arbitrability shall be referred to an arbitrator as a threshold issue of the grievance in accordance with Article 34, Section 5. If the arbitrator determines the grievance is arbitrable, a hearing will be conducted on the merits of the grievance per the applicable section of the Article 7.