Resolution of Timeliness of Arbitrability Issues Sample Clauses

Resolution of Timeliness of Arbitrability Issues. Where an issue exists as to the timeliness of arbitrability of a particular grievance, the State Court Administrator or designee shall give written notice to the Union. Following written notice, the timeliness dispute shall be submitted to an arbitrator, other than the arbitrator selected to determine the merits of the grievance, upon written submissions and by telephone hearing only. Where the timeliness of a particular grievance is submitted to arbitration, the date for such arbitration shall be scheduled within thirty (30) days following the date the State Court Administrator or designee provided notice to the Union, and a decision rendered within thirty (30) days following the date of the timeliness hearing. The party who does not prevail in the timeliness dispute must pay the cost of that hearing.