Common use of Scope of Arbitration Clause in Contracts

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.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 A.9.b. 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 D.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C above to select two 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, following the selection of the arbitrator, the University raises for the first time issue(s) of arbitrability, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitration, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1. and Section D.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 arbitrability and the merits of the case before a single arbitrator.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2., E.2. below. 2. When practicable, the University shall inform Teamsters Local 2010 UPTE in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator in its Acknowledgement of receipt, according to Section A.9.bA.8.b. 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 D.3., E.3. below. In such a case, the parties shall use the selection process described in Sections A.9 and C Section D. above to select two arbitrators. The first arbitrator will be selected to hear the issues of arbitrability 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 's request, a written decision within 7 seven (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, following the selection University's acknowledgement of the arbitrator, UPTE's appeal to arbitration in Section A.8.b. the University raises for the first time issue(s) of arbitrability, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1. and Section D.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 arbitrability and the merits of the case before a single arbitratorE.1.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section 'D.2., below. 2. When practicable, practicable the University shall inform Teamsters Local 2010 CUE in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator in its Acknowledgment of Receipt, according to Section A.9.b. , 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 'D.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C above to select two 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 decisiondecision or, or upon either party’s '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, following the selection issuance of the arbitratorUniversity Acknowledgment of the appeal, the University raises for the first time issue(s) of arbitrability, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitration, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1. and Section 'D.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 arbitrability and the merits of the case before a single arbitrator.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2E.2., below. 2. When practicable, the University shall inform Teamsters Local 2010 UPTE in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator in its Acknowledgement of Receipt, according to Section A.9.b. A.8.b 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 D.3E.3., below. In such a case, case the parties shall use the selection process described in Sections A.9 and C Section D. above to select two 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 with 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, following the selection University's acknowledgement of the arbitratorUPTE's appeal to arbitration in A.8.b, the University raises for the first time issue(s) of arbitrability, arbitrability a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1E.1. and Section D.2E.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 case. 5. If the union requests a postponement of the scheduled arbitration hearing following the University's raising issue(s) of arbitrability, the hearings on arbitrability and facts, if any, shall be separate, and the merits provisions of the case before a single arbitratorSection E.3. above, shall apply.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2E.2., below. 2. When practicable, the University shall inform Teamsters Local 2010 UPTE in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator in its Acknowledgement of Receipt, according to Section A.9.b. A.8.b 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 D.3E.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C Section D. above to select two 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 seven (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, following the selection University's acknowledgement of the arbitratorUPTE's appeal to arbitration in A.8.b, the University raises for the first time issue(s) of arbitrability, arbitrability a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1E.1. and Section D.2E.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 case. 5. If the union requests a postponement of the scheduled arbitration hearing following the University's raising issue(s) of arbitrability, the hearings on arbitrability and facts, if any, shall be separate, and the merits provisions of the case before a single arbitratorSection E.3. above, shall apply.

Scope 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 issue(sArticle(s) stated by Step 3filed with the grievance. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2., C.2 below. 2. When practicable, the University shall inform Teamsters Local 2010 SETC-United in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator according to Section A.9.b. abovearbitrator. 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 D.3., C.3 below. In such a case, the parties shall use the selection process described in Sections A.9 A and C B above to select two arbitratorsarbitrators simultaneously. The first arbitrator will be selected to hear determine the issues of arbitrability based on written memoranda submitted by the parties and the second arbitrator will be selected to decide the merits of the case at a hearing if the issues are determined to be arbitrable. Unless either party requests a full and complete arbitration proceeding on the arbitrability issue, the 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 submission of the arbitrability hearingparties’ written memoranda. In If the event that first arbitrator finds the grievance is eligible for arbitration, the University will pay the costs associated with the first arbitrator, as ’s issuance of a result of the arbitrability hearing referenced above determines a matter to be arbitrable, decision. If the first arbitrator shall have no authority to decide finds the issues pursuant to grievance ineligible for arbitration, the merits of the case. A hearing on the merits substantive facts of the case need not be heard, and the grievance shall be denied and the Union will be scheduled pay the costs associated with the second first arbitrator, unless the parties agree otherwise’s issuance of a decision. 3. If, following the selection of the arbitrator, If the University raises the issue of arbitrability for the first time issue(s) after the selection of arbitrabilityan arbitrator, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitration, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing The hearing(s) shall proceed to the substantive issues raisedas described in Section D below. 4. Section D.1. C.1 and Section D.2. above, 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.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2E.2., below. 2. When practicable, the University shall inform Teamsters Local 2010 UPTE in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator in its Acknowledgement of receipt, according to Section A.9.bA.8.b. 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 D.3E.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C Section D above to select two arbitrators. The first arbitrator will be selected to hear the issues of arbitrability 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 's request, a written decision within 7 seven (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, following the selection University's acknowledgement of the arbitratorUPTE's appeal to arbitration in Section A.8.b., the University raises for the first time issue(s) of arbitrability, arbitrability a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1E.1. and Section D.2E.2. above, 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 case. 5. If the union requests a postponement of the scheduled arbitration hearing following the University's raising issue(s) of arbitrability, the hearings on arbitrability and facts, if any, shall be separate, and the merits provisions of the case before a single arbitratorSection E.3. above, shall apply.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2., E.2. below. 2. When practicable, the University shall inform Teamsters Local 2010 UPTE in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator in its Acknowledgement of receipt, according to Section A.9.bA.8.b. 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 D.3., E.3. below. In such a case, the parties shall use the selection process described in Sections A.9 and C Section D. above to select two arbitrators. The first arbitrator will be selected to hear the issues of arbitrability 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 's request, a written decision within 7 seven (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, following the selection University's acknowledgement of the arbitrator, UPTE's appeal to arbitration in Section A.8.b. the University raises for the first time issue(s) of arbitrability, arbitrability a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1E.1. and Section D.2E.2. above, 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 case. 5. If the union requests a postponement of the scheduled arbitration hearing following the University's raising issue(s) of arbitrability, the hearings on arbitrability and facts, if any, shall be separate, and the merits provisions of the case before a single arbitratorSection E.3. above, shall apply.

Scope 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 issue(s) stated by Step 3. 3 (or Step 2 in the case of an expedited arbitration.) Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 (or Step 2 in the case of an expedited arbitration) process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2E.2., below. 2. When practicableOn grievances where the arbitrability of the subject matter is an issue, a separate arbitrator shall be appointed to determine the University shall inform Teamsters Local 2010 in writing question of its intent arbitrability unless the parties agree otherwise. In those grievances appealed to assert arbitration where the issue of arbitrability prior is raised with regard to subject matter as well as procedure/time limits, separate hearings on arbitrability shall be held, unless mutually agreed otherwise, with the selection hearing on arbitrability of procedure/time limits being held first. In such cases of arbitrability of procedure/time limits and subject matter issues, different arbitrators shall be appointed for each of the arbitrator according to Section A.9.b. abovehearings unless the parties mutually agree otherwise. 3. 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 D.3., below. In such a case, unless the parties shall use the selection process described in Sections A.9 and C above to select two 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 hearingagree otherwise. In the event that the first an arbitrator, as a result of the arbitrability hearing referenced above 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 facts of the case will be scheduled with the second arbitrator, unless the parties agree otherwise. 3. If, following the selection of the arbitrator, the University raises for the first time issue(s) of arbitrability, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitration, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1. and Section D.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 arbitrability and the merits of the case before a single arbitrator.

Scope 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 issue(s) stated raised by the parties in the Step 32 meeting and the Step 2 response. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 2 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2.E.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 in its Acknowledgement of Receipt, according to Section A.9.b. A.8.b 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 D.3.E.3, below. In such a case, the parties shall use the selection process described in Sections A.9 and C Section D above to select two (2) arbitrators. The first (1st) arbitrator will be selected to hear the issues of arbitrability and the second (2nd) 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 (1st) arbitrator shall issue either a bench decision, or upon either party’s request, a written decision within 7 seven (7) calendar days of the completion of the arbitrability hearing. In the event that the first (1st) arbitrator, as a result of the arbitrability hearing referenced above determines a matter to be arbitrable, the first (1st) 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 (2nd) arbitrator, unless the parties agree otherwise. 3. If, following the selection University's acknowledgement of the arbitratorIAFF’s appeal to arbitration in Section A.8.b, the University raises for the first (1st) time issue(s) of arbitrability, arbitrability a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1. E.1 and Section D.2. E.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 case. 5. If the union requests a postponement of the scheduled arbitration hearing following the University's raising issue(s) of arbitrability, the hearings on arbitrability and facts, if any, shall be separate, and the merits provisions of the case before a single arbitratorSection E.3 above, shall apply.

Scope of Arbitration. 1. Unless there is The arbitration proceeding shall provide an agreement by both opportunity for UAPD and the University to examine and cross-examine witnesses under oath and to submit relevant evidence. The parties shall not seek to modify introduce new issues and allegations at the scope of the hearing, the issue(s) to be heard by the arbitrator shall solely and in its entirety be restricted to the issue(s) stated by Step 3. Issues or allegations arbitration hearing which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at of the arbitration hearing, except as provided in Section D.2., belowgrievance procedure. 2. When practicable, the University shall inform Teamsters Local 2010 UAPD in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator according to Section A.9.b. abovearbitrator. 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 D.3§E.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C above to select two 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 an arbitrator, as a result of the arbitrability hearing referenced above determines a matter to be arbitrable, the first arbitrator s/he shall have no authority to decide the issues pursuant to the facts of the case unless the parties agree otherwise. A second arbitrator will be selected to decide the merits of the casecase using the selection process described in §D., above. A Nothing in this Section shall prevent the parties from agreeing in writing to combine the arbitrability hearing with the hearing on the merits of the case will be scheduled with the second arbitrator, unless the parties agree otherwisecase. 3. If, following the selection of the arbitrator, the University raises for the first time issue(s) of arbitrability, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto not be arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1. Where the issue of arbitrability and Section D.2. substantive facts are to be heard in a single hearing pursuant to §E.3., above, shall not prevent the parties from agreeing in writing to combine the arbitrability hearing with the hearing on the merits if UAPD requests a postponement of the case or from agreeing to separate scheduled arbitration hearing following the University’s raising issue(s) of arbitrability, the hearings on arbitrability and facts, if any, shall become separate, and the merits provisions of the case before a single arbitrator§E.2., above shall apply.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.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 in its Acknowledgment of Receipt, according to Section A.9.b. aboveA.9.b.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 D.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C above to select two 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, following the selection issuance of the arbitratorUniversity Acknowledgement of the appeal, the University raises for the first time issue(s) of arbitrability, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitration, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1. and Section D.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 arbitrability and the merits of the case before a single arbitrator.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2E.2., below. 2. When practicable, the University shall inform Teamsters Local 2010 UPTE in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator according to Section A.9.b. abovearbitrator. 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 D.3E.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C above to select two 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 an arbitrator, as a result of the arbitrability hearing referenced referenced, above determines a matter to be arbitrable, the first arbitrator s/he shall have no authority to decide the issues pursuant to the merits of the case. A hearing on the merits facts of the case will be scheduled with the second arbitrator, unless the parties agree otherwise. 3. If, following the selection University's acknowledgement of the arbitratorUPTE's appeal to arbitration in A.8.b, the University raises for the first time issue(s) of arbitrability, arbitrability a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1E.1. and Section D.2E.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 case. 5. If the union requests a postponement of the scheduled arbitration hearing following the University's raising issue(s) of arbitrability, the hearings on arbitrability and facts, if any, shall be separate, and the merits provisions of the case before a single arbitratorSection E.2. above, shall apply.

Scope 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 issue(sArticle(s) stated by Step 3filed with the grievance. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process of the Grievance Procedure shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2., 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 A.9.bB.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 D.3C.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C 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, following the selection of the arbitrator, If the University raises the issue of arbitrability for the first time issue(s) after the selection of arbitrabilityan arbitrator, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitration, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing The hearing(s) shall proceed to the substantive issues raisedas described in Section D below. 4. Section D.1. C.1 and Section D.2. above, 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.

Scope 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 issue(sArticle(s) stated by Step 3filed with the grievance. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process of the Grievance Procedure shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2., 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 A.9.bB.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 D.3C.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C 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, following the selection of the arbitrator, If the University raises the issue of arbitrability for the first time issue(s) after the selection of arbitrabilityan arbitrator, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitration, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing The hearing(s) shall proceed to the substantive issues raisedas described in Section D below. 4. Section D.1. C.1 and Section D.2. above, 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.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2E.2., below. 2. When practicable, the University shall inform Teamsters Local 2010 UPTE in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator in its Acknowledgement of Receipt, according to Section A.9.b. A.8.b 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 D.3E.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C Section D above to select two 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 with 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, following the selection University's acknowledgement of the arbitratorUPTE's appeal to arbitration in A.8.b, the University raises for the first time issue(s) of arbitrability, arbitrability a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1E.1. and Section D.2E.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 case. 5. If the union requests a postponement of the scheduled arbitration hearing following the University's raising issue(s) of arbitrability, the hearings on arbitrability and facts, if any, shall be separate, and the merits provisions of the case before a single arbitratorSection E.3. above, shall apply.

Scope 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 issue(s) stated by Step 3. Issues or allegations which were known or should have been known to either party but not introduced by the Step 3 process shall not be introduced by either party at the arbitration hearing, except as provided in Section D.2E.2., below. 2. When practicable, the University shall inform Teamsters Local 2010 UPTE in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator in its Acknowledgement of receipt, according to Section A.9.b. A.8.b 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 D.3E.3., below. In such a case, the parties shall use the selection process described in Sections A.9 and C Section D above to select two arbitrators. The first arbitrator will be selected to hear the issues of arbitrability 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 's request, a written decision within 7 seven (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, following the selection University's acknowledgement of the arbitratorUPTE's appeal to arbitration in A.8.b, the University raises for the first time issue(s) of arbitrability, arbitrability a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance ineligible for arbitrationto be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. Section D.1E.1. and Section D.2E.2. above, 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 case. 5. If the union requests a postponement of the scheduled arbitration hearing following the University's raising issue(s) of arbitrability, the hearings on arbitrability and facts, if any, shall be separate, and the merits provisions of the case before a single arbitratorSection E.3. above, shall apply.