Common use of Grievability and Arbitrability Clause in Contracts

Grievability and Arbitrability. 1. Subject to the limitations set forth in this Article, allegations of procedural violations of this Article shall be subject to the full Grievance and Arbitration provisions of this Article. An arbitrator reviewing procedural violations shall have the authority to order the University to redo the procedure. 2. Non-reappointment decisions are not grievable unless the grievance alleges a procedural violation or a violation of the prohibition on Continuing status or Continuing Appointment avoidance in Section A.10 or A.13.a, above. Allegations that the University made a reappointment decision for a discriminatory reason may only be pursued through Article 4 – Non-Discrimination in Employment. 3. An arbitrator reviewing a grievance under this Article shall have no authority to order the University to appoint or reappoint a GA Educator. An arbitrator reviewing a non- reappointment decision shall not have the authority to substitute their judgment for the University’s judgment with respect to the University’s academic needs or an individual GA Educator’s performance or qualifications. In those instances where the University’s decision or action was based on the GA Educator’s performance, the arbitrator shall have jurisdiction to review the GA Educator’s academic review/personnel files, if any.

Grievability and Arbitrability. 1. Subject to the limitations set forth in this Article, allegations of procedural violations of this Article shall be subject to the full Grievance and Arbitration provisions of this Article. An arbitrator reviewing procedural violations shall have the authority to order the University to redo the procedure. 2. Non-reappointment decisions are not grievable unless the grievance alleges a procedural violation or a violation of the prohibition on Continuing status or Continuing Appointment post-six year avoidance in Section A.10 C.1., or A.13.aC.4.d., above. Allegations that the University made a reappointment decision in violation of an NSF’s academic freedom rights or for a discriminatory reason may only be pursued through Article 4 – Non-Discrimination in Employment2 or Article 4, respectively. 3. An arbitrator reviewing a grievance under this Article shall have no authority to order the University to appoint or reappoint a GA Educatoran NSF. An arbitrator reviewing a non- non-reappointment decision shall not have the authority to substitute their her/his judgment for the University’s judgment with respect to the University’s academic needs or an individual GA EducatorNSF’s performance or qualifications. In those instances where the University’s decision or action was based on the GA Educatoran NSF’s performance, the arbitrator shall have jurisdiction to review the GA EducatorNSF’s academic review/personnel files, if any.