Common use of Arbitration of whether a decision is an Academic Decision Clause in Contracts

Arbitration of whether a decision is an Academic Decision. Where the Associate Xxxx confirms the decision to vary the strict application of the Appendix A Article(s) in question pursuant to Section 12 above, RDBC may refer the matter to an arbitrator appointed under Section 22 of this Letter of Understanding. RDBC’s challenge to the decision to vary will be limited to whether or not the University’s decision was an Academic Decision. Where the arbitrator concludes that the decision was an Academic Decision, then the matter is not arbitrable. Where the arbitrator concludes that the decision was not an Academic Decision, then the dispute on the variance is arbitrable and the arbitrator has jurisdiction to fashion an appropriate remedy for the failure to adhere to the applicable Article(s) of the Collective Agreement.