Determination of Grievability. If any decision at Levels One-Three declares the issue to be one not possessed of the qualification of grievance stated herein, the first duty of the arbitrator shall be to rule on the question of grievability. If a decision at Levels One-Three declared the issue a non-grievable matter under this Agreement, and the arbitrator's ruling is one of non-grievability, the matter shall automatically, and without further action by any party, be dropped. If the arbitrator's ruling on an issue claimed to be non-grievable at any level is in favor of grievability, the grievance shall then be returned to Level Two. It shall then be processed as a grievance as if the original question of grievability had not existed. If an issue is declared to be non- grievable at Level One and a decision at Level Two or Three rules in favor of grievability, the issue shall be returned to the person declaring the issue non-grievable. That person shall then process the issue as a grievance as if the original question of grievability had never existed.
Determination of Grievability. Unless agreed otherwise procedural questions of grievability and arbitrability shall be heard and ruled on prior to any hearing of the merits of a grievance
