Common use of Employer Judge of Qualifications; Grievance- Arbitrarily or Capriciously Clause in Contracts

Employer Judge of Qualifications; Grievance- Arbitrarily or Capriciously. The Employer will be the sole judge of qualifications, ability, reliability, the need to fill vacancy and all other relevant factors, provided that such judgment shall not be exercised arbitrarily or capriciously. Any dispute arising out of the selection or non-selection of any employee as to whether the Employer acted arbitrarily or capriciously under this Article, shall be subject to the grievance and arbitration procedure of this Agreement.