Proper Venue. The provisions of this Article shall not be subject to the grievance and arbitration provisions of this Agreement, such matters being determinable and enforceable by the parties only in the courts; provided, however, that employees who are discharged for participating in activities prohibited by this Article or for failure to carry out their affirmative obligations as established in this Article may use the grievance and arbitration procedure in order to determine the fact of whether or not said employee did or did not participate in the prohibited activities or did or did not fulfill their affirmative obligations under this Article. If it is determined that the employees did participate in the activities prohibited by this Article or failed to fulfill their affirmative obligations under this Article, then the discipline imposed by the Company shall be final and binding and shall not be disturbed.
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