Common use of Question of Arbitrability Clause in Contracts

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 award as final and binding upon them. The arbitrator shall not have any power to modify, add to, subtract from, or disregard any of the terms and conditions of this Contract

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 11.10.8.1 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 ContractCONTRACT, 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 calendar 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 11.10.8.2 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 determinationDetermination, 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 11.10.9 below. 32.10.8.3 11.10.8.3 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. 11.10.9 below 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 11.10.8.4 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. Arbitration: Only grievances initiated during the life of this Contract may be submitted to arbitration. The parties agree to accept the arbitrator's award as final and binding upon them. The arbitrator shall not have any power to modify, add to, subtract from, or disregard any of the terms and conditions of this Contract.

Question of Arbitrability. Any question regarding the substantive or 43 procedural arbitrability of a grievance shall be raised in writing by the College 1 no later than ten (10) days after receiving written notification from the 2 Association of its desire to arbitrate. 32.10.8.1 3 31.10.8.1 Upon the filing of a demand for arbitration on the merits of any such 4 grievance by the Association in accordance with Article 11.10.7 of this 5 Contract, the College shall have the right to file its own demand for 6 arbitration on the question(s) of arbitrability that it has thus raised, provided 7 that such a demand must be within fifteen (15) work days of the Association's 8 demand and provided further that the filing of any such demand by the 9 College shall serve as a stay of the arbitration on the merits until such time 10 as the arbitrability of the grievance is finally decided. Following a decision 11 and award adverse to the College under this Section, arbitration on the 12 merits of the grievance shall proceed. 32.10.8.2 13 31.10.8.2 The arbitrator selected for purposes of this Section shall have authority to 14 decide all substantive and procedural arbitrability issues raised by the 15 College in its Step Two determination, and the parties agree to accept the 16 arbitrator's decision and award as final and binding upon them. Except as 17 they may otherwise be modified by this Section, the powers and duties of the 18 arbitrator shall be as specified in Article 31.10.9 Article11.10.9 below. 32.10.8.3 19 31.10.8.3 Any arbitrator selected for purposes of this Section shall not have authority 20 to rule on the merits of the grievance itself unless otherwise agreed by the 21 parties. The fees and expenses of such arbitrator shall be paid by the losing 22 party unless the arbitrator is also permitted by contract of the parties to rule 23 on the merits of the grievance, in which case the provisions of Article 31.10.911.10.9. 24 shall govern. Should more than one (1) arbitrability question be considered 25 by the arbitrator and should the decision and award constitute a split where 26 one or more but not all such questions are decided in favor of one or the other 27 party, the fees and expenses shall be apportioned to reflect the split. 32.10.8.4 28 31.10.8.4 Failure of the College to submit questions of substantive and/or procedural 29 arbitrability to arbitration pursuant to the provisions of this Section shall 30 serve as a bar to the raising of such questions in any arbitration on the 31 merits. Only grievances initiated during the life of this Contract may be 32 submitted to arbitration. The parties agree to accept the arbitrator's award 33 as final and binding upon them. The arbitrator shall not have any power to 34 modify, add to, subtract from, or disregard any of the terms and conditions of 35 this Contract 36 31.10.9 Arbitration 37 31.10.9.1 Matters subject to arbitration shall be referred to Public Employment 38 Relations Commission or the American Arbitration Association under 39 voluntary rules. 40 31.10.9.2 Only grievances which involve an alleged violation by the Employer of a 41 specific section or provision of this Contract and which are presented to the 42 Employer in writing according to the terms of this Contract and which are 43 processed in the manner herein provided shall be subject to arbitration. 44 31.10.9.2.1 The arbitrator shall have no authority to render a decision or award that 45 modifies, adds to, or subtracts from the provisions or conditions of this 1 Contract or any practices and policies which relate to the terms or 2 working conditions of the employee. 3 31.10.9.2.2 The arbitrator shall have no authority to render a decision or award 4 beyond the termination date or renewal or extension of this Contract. 5 31.10.9.2.3 The arbitrator shall have authority to base a decision or award only on 6 the basis of evidence and matters presented by both parties in the 7 presence of each other and the matters presented in the written briefs of 8 the parties.