Common use of Bifurcation Clause in Contracts

Bifurcation. 1. The arbitration process shall be bifurcated where the University asserts that there are procedural (e.g. timeliness, standing) and/or arbitrability issues that preclude the UAW from proceeding to a hearing on the merits of the claim. 2. When practicable, the University shall inform the Union in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator or 45 days prior to the scheduled arbitration. The issue(s) of arbitrability shall be resolved in a hearing prior to and separate from the hearing (if any) on the merits of the claim, except as provided in Section 3 below. If possible, after an arbitrator is selected, the dates for the arbitrability hearing and the hearing on the merits shall be scheduled at the same time. Unless the parties agree otherwise, the arbitrator shall issue a bench decision on the issue of arbitrability. 3. Subject to the above, a single hearing on the issue of arbitrability and the merits will be held, unless the parties agree otherwise. If the arbitrator finds the grievance to be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised.