Non-Arbitrability Clause Samples
The Non-Arbitrability clause defines which disputes or issues arising under a contract cannot be resolved through arbitration. Typically, this clause specifies certain matters—such as those involving criminal allegations, regulatory compliance, or intellectual property rights—that must be handled by courts or other authorities rather than private arbitrators. By clearly outlining exceptions to arbitration, the clause ensures that sensitive or legally mandated issues are addressed in the appropriate forum, thereby maintaining compliance with applicable laws and protecting the parties' rights.
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Non-Arbitrability. The parties agree that no provisions of this Section shall be deemed to be arbitrable under the grievance and arbitration procedure contained in this Agreement.
Non-Arbitrability. The parties agree that no provisions of this Article shall be deemed to be arbitrable under the grievance and arbitration procedure contained in this Agreement.
Non-Arbitrability. Notwithstanding any other provision of this Agreement or any rules or regulations of any regulatory body, no controversy, claim, or breach arising out of or relating to this Agreement shall be submitted for settlement to a panel of arbitrators, and the Members agree that any such disputes shall be determined only by a court having jurisdiction thereof in accordance with this Agreement.
Non-Arbitrability. The provisions of sections 22.1 and 22.2 are subject to the grievance procedure but not subject to the arbitration provisions thereof.
Non-Arbitrability. Except as provided below, Article 11 shall be grievable and arbitrable under Article 18 of this agreement. The following are not grievable or arbitrable under this agreement:
a) The adequacy of the union’s notice required by Section 11.8 above; and/or
b) other issues bearing on the constitutionality of the union’s collection of an agency shop service fee as prescribed by the courts. Disputes regarding the amount of the agency shop service fee shall be arbitrable under this memorandum but only pursuant to Section 11.8 above.
Non-Arbitrability. The parties agree that no provisions of this Article shall be deemed to be arbitrable under the grievance and arbitration procedure contained in this Agreement. Should legislation pass during the term of this agreement regarding changes in eligibility of domestic partners for health benefits, ACSA and the State agree that those legislative provisions shall apply to Unit 2 employees. The parties agreed to changes in regulations and statutes pertaining to the following, subject to the terms specified for each.
1. Administrative Procedures Act
2. Alternative Pre-Retirement Death Benefit
Non-Arbitrability. The parties agree that no provisions of this Article shall be deemed to be arbitrable under the grievance and arbitration procedure contained in this Agreement. DPA agrees that employees currently in the Associate Transportation Engineer, Caltrans class shall not receive salary reductions now or in the future due to any classification actions resulting from current Associate issues within Caltrans. For the same reason, salaries or salary ranges for these employees shall not be “frozen” or held back in relationship to other classifications.
Non-Arbitrability. No grievance shall be submitted to arbitration under Section 606 unless the procedures and time limits set forth in this Article have been strictly complied with unless waived or extended in writing by the party granting the waiver or extension and acknowledged in writing by the party seeking the waiver or extension. Any grievance submitted after the time limits have expired shall be deemed forfeited and waived by the aggrieved party. If RCHSD challenges the arbitrability of a grievance, the parties shall select an arbitrator pursuant to Section 606 and schedule the arbitration on the merits. After a date is scheduled, RCHSD shall have the right to file a motion to dismiss with the arbitrator on the basis of its arbitrability challenge. In support of such motion, RCHSD may submit a memorandum of points and authorities with supporting declarations. UNOCH may file an opposition brief with declarations. The arbitrator shall then have the authority to rule on the motion to dismiss or notify the parties that testimony is necessary to determine arbitrability. If testimony is necessary, the arbitrator shall decide the manner that such testimony should be received (including date, time and location).
Non-Arbitrability. Notwithstanding any of the provisions of this Article, any alleged violation by the Union of Article VIII of this Agreement shall not be subject to the grievance and arbitration provisions hereof.