Motions to Dismiss. 25.3.4.1 If a claim is raised as to the arbitrability of a grievance as a result of a violation of the terms of this Article, such claim shall be ruled on first by the arbitrator. At its option, and without prejudice, the District may have such a claim heard along with the merits of the case.
Motions to Dismiss. The Special Master will (a) hear all motions to dismiss claims that fail to comply with the terms of this Agreement, and (b) recommend to the MDL Court or to the respective federal court or state court judge, as the case may be, a ruling on each of the motions to dismiss. If the Judge presiding over any specific case in which the Cure Deadline is not met has not appointed the Special Master on or prior to the Cure Deadline, any associated motion to dismiss shall be made to the presiding Judge in the jurisdiction where the case is pending.
Motions to Dismiss. If the District claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed in violation of the time limits provided for herein, or that the dispute has become moot, such a claim will, at the option of the District, be heard in a one (1) day session and promptly ruled upon by the arbitrator prior to any formal proceedings and a hearing on the merits of the grievance by a separate arbitrator. A suitable stay/ continuance between such an arbitrability ruling and any further proceedings which may be necessary will be granted to the parties. CSEA and the District may also, at their option, and without prejudice, jointly decide to have such a claim heard along with the merits of the case by the same arbitrator.
Motions to Dismiss. If the District claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed in violation of the time limits provided for herein, or that the dispute has become moot, or that a party has breached the confidentiality provisions, such a claim will, at the option of the District, be heard in a one (1) day session and promptly ruled upon by the arbitrator prior to any formal proceedings and a hearing on the merits of the grievance by a separate arbitrator. A suitable stay/continuance between such an arbitrability ruling and any further proceedings which may be necessary will be granted to the parties. The District may also, at its option, and without prejudice, have such a claim heard along with the merits of the case by the same arbitrator.
Motions to Dismiss. If the District claims that a grievance 25 should be dismissed because, for example, it falls outside the 26 scope of the procedure, or was filed or processed in an 27 untimely manner, or that the dispute has become moot, or 28 that a party has breached the confidentiality provisions, such 29 a claim shall, at the option of the District, after the Level II 30 decision, and without prejudice, be heard and ruled upon: (a) 31 along with the merits of the case by the same arbitrator or (b) 32 have the claim first submitted to a separate arbitrator to 33 determine whether or not the issue is arbitrable, and if so, the 34 grievance shall be returned to Level I of this procedure for 35 further processing. In such instances a suitable 36 stay/continuance between such a ruling and any further 37 proceedings shall be granted as may be reasonably 38 necessary. 39
Motions to Dismiss. If the District claims that a 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, or that a party has breached the confidentiality provisions, such a claim shall, at the option of the District, after the Level 4 decision, and without prejudice, be heard and ruled upon: (a) along with the merits of the case by the same arbitrator; or (b) have the claim first submitted to a separate arbitrator to determine whether or not the issue is arbitral; and if so, the grievance shall be returned to Level I of this procedure for further processing. In such instances a suitable stay/continuance between such a ruling and any further proceedings shall be granted as may be reasonably necessary.
Motions to Dismiss. If the Executive Director claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall be heard and ruled upon by the Arbitrator prior to any hearing on the merits of the grievance. Upon the request of either party, there shall be a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The Executive Director may forego the above preliminary motion procedure and have such a claim heard and ruled upon at the hearing prior to the receipt of evidence on the merits.
Motions to Dismiss. 49 If the District claims that a grievance should be dismissed because, for example, it falls outside 50 the scope of the procedure, or was filed or processed in an untimely manner, or that the dispute 51 has become moot, such a claim shall, at the option of the District, be heard and ruled upon by 1 the arbitrator prior to any hearing on the merits of the grievance, with a suitable 2 stay/continuance between such a ruling and any further proceedings which may be necessary.
Motions to Dismiss. 37 If the District claims that a grievance should be dismissed because, for example, it falls outside 38 the scope of the procedure, or was filed or processed in an untimely manner, or that the dispute 39 has become moot, such a claim shall, at the option of the District, be heard and ruled upon by 40 the arbitrator prior to any hearing on the merits of the grievance, with a suitable 41 stay/continuance between such a ruling and any further proceedings which may be necessary. 42 The District may also, at its option, and without prejudice, have such a claim heard along with 43 the merits of the case. If the District should choose to refuse to arbitrate dispute, nothing in this 44 section shall preclude the Union from seeking, through appropriate administrative or judicial 45 proceedings, to compel the District to proceed to arbitration.
Motions to Dismiss. If the District contends that a 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 contention 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 stay/continuance between such a ruling and any further proceedings which may be necessary. The District may also, at its option, and without prejudice, have such a contention heard along with the merits of the case. If the District should choose to refuse 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. Limitations Upon Arbitrator The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation of this Agreement in the respect alleged in the grievance. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him/her by the respective parties in the presence of each other, and upon arguments presented in briefs. This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he/she consider it his/her function to decide any issue not submitted or to so interpret or apply the Agreement as to change that can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of the Agreement may be relevant evidence, but shall not be used so as to justify, or result in, what is in effect a modification (whether by addition or detraction) of the written terms of this Agreement. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his/her opinion such decision or award is fair or equitable. No decision rendered by the arbitrator shall be retroact...
