Common use of Arbitrability Clause in Contracts

Arbitrability. In any proceeding, the first matter to be decided is the arbitrator's jurisdiction to act, which decision the arbitrator shall announce. Upon concluding that the arbitrator has no such power, the arbitrator shall make no decision or recommendation as to the merits of the grievance. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at the time, provided that either party may seek judicial review of the arbitrator's decision as to jurisdiction and have the hearing on the merits of the grievance delayed until such review is completed.

Appears in 29 contracts

Sources: Faculty Bargaining Agreement, Unit B Faculty Bargaining Agreement, Collective Bargaining Agreement

Arbitrability. In any proceeding, the first matter to be decided is the arbitrator's jurisdiction to act, which decision the . The arbitrator shall announcerender a decision on any such issue before preceding with the substance of the case. Upon concluding that the arbitrator has no such powerdoes not have jurisdiction to act, the arbitrator shall make no decision or recommendation as to of the merits of the grievance. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at the that time, provided that either . Either party may seek judicial review of the arbitrator's decision as to jurisdiction and have the hearing on the merits of the grievance delayed until such a review is completed.

Appears in 7 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Arbitrability. In any proceeding, the first matter to be decided is the arbitrator's jurisdiction to act, which decision the arbitrator shall announce. Upon concluding that the arbitrator has no such power, the arbitrator shall make no decision or recommendation as to the merits of the grievance. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at the that time, provided that either party may seek judicial review of the arbitrator's decision as to jurisdiction and have the hearing on the merits of the grievance Grievance delayed until such review is completed.

Appears in 1 contract

Sources: Collective Bargaining Agreement