Common use of Optional Preliminary Hearing of Issues Which Don’t Involve Merits of Grievance Clause in Contracts

Optional Preliminary Hearing of Issues Which Don’t Involve Merits of Grievance. If the District claims that the grievance should be dismissed for reasons which do not go to the merit (e.g. mootness, untimeliness, matter beyond the scope of procedure, or breach of confidentiality provisions), the District may cause its claim to be heard and ruled upon by the arbitrator prior to a hearing on the merits. If the District plans to invoke this separate preliminary hearing, it shall so advise the Union in writing prior to selection of the arbitrator. Immediately after selection of the arbitrator for the preliminary hearing, either the Union or the District may require that a different arbitrator be selected to hear the merits in the event that such a hearing is required. There shall be at least fifteen (15) days between the arbitrator’s decision on the preliminary matter(s) and hearing on the merits. The preliminary hearing is optional to the District and if not utilized, the District shall not be precluded from raising its arbitrability defense at the regular hearing; provided that it gives the Union ten (l0) days notice of its intention to do so.

Optional Preliminary Hearing of Issues Which Don’t Involve Merits of Grievance. If the District claims that the grievance should be dismissed for reasons which do not go to the merit (e.g. mootness, untimeliness, matter beyond the scope of procedure, or breach of confidentiality provisions), the District may cause its claim to be heard and ruled upon by the arbitrator prior to a hearing on the merits. If the District plans to invoke this separate preliminary hearing, it shall so advise the Union in writing prior to selection of the arbitrator. Immediately after selection of the arbitrator for the preliminary hearing, either the Union or the District may require that a different arbitrator be selected to hear the merits in the event that such a hearing is required. There shall be at least fifteen (15) days between the arbitrator’s 's decision on the preliminary matter(s) and hearing on the merits. The preliminary hearing is optional to the District and if not utilized, the District shall not be precluded from raising its arbitrability defense at the regular hearing; , provided that it gives the Union ten (l0) days notice of its intention to do so.