Common use of Xxxxx of Arbitration Clause in Contracts

Xxxxx of Arbitration. 1. Unless there is an agreement by both parties to modify the scope of the hearing, the issue(s) to be heard by the arbitrator shall solely and in its entirety be restricted to the Article(s) filed with the grievance. Issues or allegations which were known or should have been known to either party but not introduced by Step 3 of the Grievance Procedure shall not be introduced by either party at the arbitration hearing, except as provided in Section C.2 below. 2. When practicable, the University shall inform Teamsters Local 2010 in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator according to Section B.1. above. The issue(s) of arbitrability shall be resolved in a hearing prior to and separate from the hearing (if any) about the substantive facts and/or allegations in dispute, except as provided in Section C.3., below. In such a case, the parties shall use the selection process described in Section B.1. above to select two (2) arbitrators. The first arbitrator will be selected to hear the issues of arbitrability and the second arbitrator will be selected to decide the merits of the case if the issues are determined to be arbitrable. Unless either party requests a full and complete arbitration proceeding on the arbitrability issue, the first arbitrator shall issue either a bench decision, or upon either party’s request, a written decision within 7 calendar days of the completion of the arbitrability hearing. In the event that the first arbitrator, as a result of the arbitrability hearing referenced above determines a matter to be arbitrable, the first arbitrator shall have no authority to decide the issues pursuant to the merits of the case. A hearing on the merits of the case will be scheduled with the second arbitrator, unless the parties agree otherwise. 3. If the University raises the issue of arbitrability for the first time after the selection of an arbitrator, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. The hearing(s) shall proceed as described in Section D below. 4. Section C.1 and Section C.2 above shall not prevent the parties from agreeing in writing to combine the arbitrability hearing with the hearing on the merits of the case or from agreeing to separate hearings on the arbitrability and the merits of the case before a single arbitrator.

Xxxxx of Arbitration. 1. Unless there is an agreement by both parties to modify the scope of the hearing, the issue(s) to be heard by the arbitrator shall solely and in its entirety entirety, be restricted to the Article(s) filed with the grievance. Issues or allegations which were known or should have been known to either party but not introduced by Step 3 of the Grievance Procedure shall not be introduced by either party at the arbitration hearing, except as provided in Section C.2 below. 2. When practicable, the University shall inform Teamsters Local 2010 in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator according to Section B.1. above. The issue(s) of arbitrability shall be resolved in a hearing prior to and separate from the hearing (if any) about the substantive facts and/or allegations in dispute, except as provided in Section C.3., below. In such a case, the parties shall use the selection process described in Section B.1. above to select two (2) arbitrators. The first arbitrator will be selected to hear the issues of arbitrability and the second arbitrator will be selected to decide the merits of the case if the issues are determined to be arbitrable. Unless either party requests a full and complete arbitration proceeding on the arbitrability issue, the first arbitrator shall issue either a bench decision, or upon either party’s request, a written decision within 7 calendar days of the completion of the arbitrability hearing. In the event that the first arbitrator, as a result of the arbitrability hearing referenced above determines a matter to be arbitrable, the first arbitrator shall have no authority to decide the issues pursuant to the merits of the case. A hearing on the merits of the case will be scheduled with the second arbitrator, unless the parties agree otherwise. 3. If the University raises the issue of arbitrability for the first time after the selection of an arbitrator, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. The hearing(s) shall proceed as described in Section D below. 4. Section C.1 and Section C.2 above shall not prevent the parties from agreeing in writing to combine the arbitrability hearing with the hearing on the merits of the case or from agreeing to separate hearings on the arbitrability and the merits of the case before a single arbitrator.