Common use of GRIEVABILITY/ARBITRABILITY DETERMINATIONS Clause in Contracts

GRIEVABILITY/ARBITRABILITY DETERMINATIONS. The Employer agrees to furnish the Union a final written decision concerning the nongrievability or nonarbitrability of a grievance, within the time limits provided for the written decision in Step II of this procedure. If the grievance is alleged to be subject to statutory appeal procedures, except as modified by Article 5, Discipline, the decision shall expressly state that it is the activity's final decision in the matter. All disputes of grievability or arbitrability shall be referred to an arbitrator as a threshold issue of the grievance in accordance with Article 7, Arbitration. If the arbitrator determines that the issue is arbitrable, the arbitrator will hear the merits of the grievance.

GRIEVABILITY/ARBITRABILITY DETERMINATIONS. The Employer agrees to furnish the Union a final written decision concerning the nongrievability non- grievability or nonarbitrability non-arbitrability of a grievancegrievance initiated under this Article. The decision will provide the union with rationale supporting the grievability/arbitrability issue being raised. Decisions will normally be provided at either the Step I or II written response; however, within if an arbitrability issue arises after issuance of the time limits provided for the written decision in Step II of this procedure. If decision, management will issue a separate written notice to the grievance is alleged to be subject to statutory appeal procedures, except as modified by Article 5, Discipline, the decision shall expressly state that it is the activity's final decision in the matterunion. All disputes of grievability or arbitrability shall be referred to an arbitrator as a threshold issue of the grievance in accordance with Article 7, ArbitrationSection 7.05. If the arbitrator determines that the issue grievance is arbitrable, the arbitrator a hearing will hear be conducted on the merits of the grievancegrievance per the applicable section of the Article 7.