Question of Arbitrability. Questions of Arbitrability are not waived and may be raised by either party in arbitration or in any other appropriate forum.

Question of Arbitrability. Any question regarding the substantive or procedural arbitrability of a grievance shall be raised in writing by the College no later than ten (10) days after receiving written notification from the Association of its desire to arbitrate. 32.10.8.1 Upon the filing of a demand for arbitration on the merits of any such grievance by the Association in accordance with Article 11.10.7 of this Contract, the College shall have the right to file its own demand for arbitration on the question(s) of arbitrability that it has thus raised, provided that such a demand must be within fifteen (15) work days of the Association's demand and provided further that the filing of any such demand by the College shall serve as a stay of the arbitration on the merits until such time as the arbitrability of the grievance is finally decided. Following a decision and award adverse to the College under this Section, arbitration on the merits of the grievance shall proceed. 32.10.8.2 The arbitrator selected for purposes of this Section shall have authority to decide all substantive and procedural arbitrability issues raised by the College in its Step Two determination, and the parties agree to accept the arbitrator's decision and award as final and binding upon them. Except as they may otherwise be modified by this Section, the powers and duties of the arbitrator shall be as specified in Article 31.10.9 below. 32.10.8.3 Any arbitrator selected for purposes of this Section shall not have authority to rule on the merits of the grievance itself unless otherwise agreed by the parties. The fees and expenses of such arbitrator shall be paid by the losing party unless the arbitrator is also permitted by contract of the parties to rule on the merits of the grievance, in which case the provisions of Article 31.10.9. shall govern. Should more than one (1) arbitrability question be considered by the arbitrator and should the decision and award constitute a split where one or more but not all such questions are decided in favor of one or the other party, the fees and expenses shall be apportioned to reflect the split. 32.10.8.4 Failure of the College to submit questions of substantive and/or procedural arbitrability to arbitration pursuant to the provisions of this Section shall serve as a bar to the raising of such questions in any arbitration on the merits. Only grievances initiated during the life of this Contract may be submitted to arbitration. The parties agree to accept the arbitrator's awa...

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Question of Arbitrability. Questions that cannot be resolved by the Parties as to whether a Grievance is based on a matter subject to the Negotiated Grievance Procedure, including issues of timeliness, will be referred to an arbitrator for decision prior to any presentation on the merits. If the threshold question of arbitrability is answered in the affirmative, usually the Parties will refer the merits of the case to the same arbitrator for decision. By mutual consent, the Parties may decide to use a different arbitrator.

Question of Arbitrability. Any question regarding the substantive or procedural 42 arbitrability of a grievance shall be raised in writing by the College no later than 43 ten days after receiving written notification from the Association of its desire to 44 arbitrate. 1 11.10.8.1 Upon the filing of a demand for arbitration on the merits of any such 2 grievance by Association in accordance with Article 11.10.7 of this 3 CONTRACT, the College shall have the right to file its own demand for 4 arbitration on the question(s) of arbitrability that it has thus raised, provided 5 that such a demand must be within fifteen (15) calendar days of the 6 Association's demand and provided further that the filing of any such 7 demand by the College shall serve as a stay of the arbitration on the merits 8 until such time as the arbitrability of the grievance is finally decided. 9 Following a decision and award adverse to the College under this Section, 10 arbitration on the merits of the grievance shall proceed. 11 11.10.8.2 The arbitrator selected for purposes of this Section shall have authority to 12 decide all substantive and procedural arbitrability issues raised by the 13 College in its Step Two Determination, and the parties agree to accept the 14 arbitrator's decision and award as final and binding upon them. Except as 15 they may otherwise be modified by this Section, the powers and duties of the 16 arbitrator shall be as specified in Article11.10.9 below.

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Arbitrability Issues of arbitrability shall be bifurcated from the substantive issue(s) and, whenever possible, determined by means of a hearing conducted by conference call. The arbitrator shall have ten (10) days from the hearing to render a decision on arbitrability. If the issue is judged to be arbitrable, an arbitrator shall then be selected to hear the substantive issue(s).
Initiation of Arbitration Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 9.13 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered to such other party under Section 9.13 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and notices may be given, by email or fax pursuant to Section 9.13 of the Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.
Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.
Decision of Arbitrator The decision of the Arbitrator will be final, binding and enforceable on the parties. The Arbitrator will have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement which they deem just and equitable. However, the Arbitrator will not have the power to change this agreement or to alter, modify or amend any of its provisions.
Cost of Arbitration The fees for a single Arbitrator or a Chair of a Board of Arbitration shall be shared equally by the parties. Other costs incurred by each party shall be the responsibility of that party.
Selection of Arbitrator Upon the proper submission of a grievance under the terms of this procedure, the parties shall, within ten (10) days after the request to arbitrate, attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either party may request the BMS to appoint an arbitrator, pursuant to PELRA, providing such request is made within twenty (20) days after request for arbitration. The request shall ask that the appointment be made within thirty (30) days after the receipt of said request. Failure to request an arbitrator from the BMS within the time periods provided herein shall constitute a waiver of the grievance.
Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators: (a) one arbitrator appointed by each of the disputing parties; and (b) the third arbitrator, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. The third arbitrator shall be a national of a non-Member State which has diplomatic relations with the disputing Member State and non-disputing Member State, and shall not have permanent residence in either the disputing Member State or non- disputing Member State. 2. Any person appointed as an arbitrator shall have expertise or experience in public international law, international trade or international investment rules. An arbitrator shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral proceedings. 3. Subject to Article 36 (Conduct of the Arbitration), if a tribunal has not been constituted within 75 days from the date that a claim is submitted to arbitration under this Section, the Appointing Authority, on the request of a disputing party, shall appoint, in his or her discretion, the arbitrator or arbitrators who have not been appointed. 4. The tribunal shall reach its decisions by a majority of votes and its decisions shall be binding. 5. The parties to the dispute shall bear the cost of their respective arbitrators to the tribunal and share equally the cost of the presiding arbitrator and other relevant costs. In all other respects, the tribunal shall determine its own procedures. 6. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 7. Where any arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
Jurisdiction of Arbitrator The jurisdiction and authority of the arbitrator of the grievance and his or her opinion and recommendation shall be confined to the express provision or provisions of this agreement at issue between the Association and the Board. The arbitrator shall have no authority to add to, alter, amend, or modify any provision of this agreement, or to make any recommendation which will in any way deprive the Board of any of the powers delegated to it by law. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Board and the Association. The recommendation in writing of the arbitrator within his or her jurisdiction and authority as specified in this agreement shall be final and binding on the aggrieved employee or employees, the Association, and the Board.
Scope of Arbitration The Executive expressly understands and agrees that claims subject to arbitration under this section include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or the public policy of any state, or any federal, state or local law.
Submission of a Claim to Arbitration (1) In the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- conditions for such a dispute as required by the Agreement have been fulfilled: A Member State may submit to arbitration under this Agreement a claim that the respondent has breached an obligation under this Agreement, and that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach; (2) For greater certainty, a claimant may submit to arbitration a claim referred to in Paragraph (1) that the respondent has breached an obligation through the actions of a designated government monopoly, local or state government or a state enterprise exercising delegated government authority. (3) At least 180 days before submitting any claim to arbitration, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("notice of intention). The notice shall specify: (a) the name and address of the claimant and its legal representative; (b) for each claim, the provision(s) of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. (4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to the respondent State and to the COMESA Secretariat. (5) A claim shall be deemed submitted to arbitration when the claimants Notice of Arbitration is submitted to the respondents and to the COMESA Secretariat. The CCIA Committee may establish a specific form for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3).

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