Common use of Procedural Arbitrability Clause in Contracts

Procedural Arbitrability. If either the University or the Union timely raises an issue of procedural arbitrability at any time, the arbitrator shall hear and decide the issue of procedural arbitrability before hearing any evidence or statement regarding the merits of the grievance. The arbitrator shall not be automatically disqualified from hearing the substance of the grievance by reason of determining arbitrability.

Procedural Arbitrability. If either the University or the Union timely raises an issue of procedural arbitrability at any timearbitrability, the arbitrator shall will hear and decide the issue of procedural arbitrability before hearing any evidence or statement regarding on the merits of the grievance. The arbitrator shall will not be automatically disqualified from hearing deciding the substance merits of the a grievance by reason of determining because they determined arbitrability.