Questions of Arbitrability. If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.
Questions of Arbitrability. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance.
Questions of Arbitrability. Either party having objection to the appropriateness of a matter for consideration under the grievance procedure shall make the matter known prior to or at Step 3 of this procedure. Grievability/arbitrability determinations shall be contained in one (1) or more of the decisions issued at the various steps of the grievance procedure. Such determinations shall not be issued by the grievance control officer. Such objection shall state the specific grounds as to why the matter is not grievable. Failure to raise the question at this point shall preclude raising the issue at a later time, unless:
Questions of Arbitrability. The question of whether or not a grievance is subject to arbitration may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is beyond the arbitrator’s jurisdiction. If the arbitrator determines the grievance is within the purview of arbitrability, the alleged grievance will be heard on its merits before the same arbitrator. However, the party disagreeing with any decision by the arbitrator as to arbitrability, may proceed to challenge said decision pursuant to formal legal process in a court of competent jurisdiction prior to initiation of the arbitration proceedings.
Questions of Arbitrability. Either party having objection to the appropriateness of a matter for consideration shall make the matter known prior to or at the Director's level of this procedure. Grievability/arbitrability determinations shall be contained in one or more of the decisions issued at the various steps of the grievance procedures.
Questions of Arbitrability. If any question arises regarding the arbitrability of a grievance, the party raising the question of arbitrability may, upon request, have such question first ruled upon and decided by an arbitrator prior to any other hearing on the merits of the grievance which would thereafter be conducted by a second and different arbitrator. The fees and expenses of the separate arbitrator deciding the issue or arbitrability shall be borne by the party which raised the question of arbitrability.
