Motion to Dismiss. The District may claim that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed in violation of the time limits provided for herein, or that the dispute has become moot, or that a party has breached the confidentiality provisions.
Motion to Dismiss. If the District claims that the grievance is not arbitral or should be dismissed, such a claim shall, at the option of the District, be heard and ruled upon by the arbitrator prior to any hearing on the merits of the grievance. If the District intends to make such a motion, it shall so notify CSEA at least ten (10) work days prior to the hearing. The District may also at its option, and without prejudice, have such a claim heard along with the merits of the case. If the District should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the District to proceed to arbitration.
Motion to Dismiss. If the District claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall, at the option of the District and upon reasonable notice, be heard and promptly ruled upon by the arbitrator prior to any hearing on the merits of the grievance. Upon request of either party, there shall be suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The District may forego the above preliminary motion procedure and have such a claim heard and ruled upon at the hearing prior to the receipt of evidence on the merits. If the District should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the District to proceed to arbitration.
Motion to Dismiss. A motion to dismiss the indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously deter- mined upon challenge. It shall be made in the manner prescribed in 28 U.S.C. § 1867(e) and shall be granted under the conditions pre- scribed in that statute. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not xx- xxxxx qualified if it appears from the record kept pursuant to subdivision (c) of this rule that 12 or more jurors, after deducting the number not legally qualified, concurred in finding the indictment.
Motion to Dismiss. By July 24, 2020, the Parties shall jointly move the
Motion to Dismiss. If the District claims that the grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, or that the dispute has become moot, such a claim may, at the option of the District, be heard and ruled upon by the arbitrator prior to any hearing on the merits of the grievance, with a suitable stay/continuance of not more than fifteen (15) days between such a ruling and any further proceedings which may be necessary. The District may also at its option, and without prejudice, have such a claim heard at the same hearing that the merits of the case are heard. It is understood that the preceding paragraph is not intended to preclude either party, if it so desires, from seeking or otherwise obtaining a judicial ruling, pursuant to Code of Civil Procedure Sections 1280 et seq., as to the propriety of an actual or threatened arbitral exercise of jurisdiction or authority, or to compel arbitration.
Motion to Dismiss. Xxxxxxxxxx and Deputy Xxxxxxxxxx.
Motion to Dismiss. 3 If the District claims that the grievance is not arbitrable or should be 4 dismissed, such a claim shall, at the option of the District, be heard and ruled upon by 5 the arbitrator prior to any hearing on the merits of the grievance. If the District intends 6 to make such a motion, it shall so notify the Association at least ten (10) working days 7 prior to the hearing. The District may also at its own option, and without prejudice, 8 have such a claim heard along with the merits of the case. If the District should choose 9 to refuse to arbitrate a dispute, nothing in this section shall preclude the Association 10 from seeking, through appropriate administrative or judicial proceedings, to compel 11 the District to proceed to arbitration.
Motion to Dismiss. If the Office claims that the grievance should be dismissed because, for example, it was filed or processed in an untimely manner, or that the dispute has become moot, such a claim shall, at the option of the Office, be heard and ruled upon by the arbitrator prior to any hearing on the merits of the grievance, with a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The Office may also at its option, and without prejudice, have such a claim heard along with the merits of the case. If the Office should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the Office to proceed to arbitration.
Motion to Dismiss. If the Office claims that the grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, or the dispute has become moot, such a claim shall, at the option of the Office, be heard and ruled upon by the arbitrator prior to any hearing on the merits of the grievance, with a suitable stay/continuance between such a ruling and any further proceedings that may be necessary. In the event the Office requires such a stay, and the decision of the arbitrator is that the matter goes forward on its merits, the Office will bear the cost of the arbitrator for that hearing. The Office may also, at its option and without prejudice, have such a claim heard along with the merits of the case. If the Office should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Union from seeking, through appropriate administrative or judicial proceedings, to compel the Office to proceed to advisory arbitration.
