Arbitration Hearing. An Arbitration Hearing will be held within thirty (30) days after the Administrative Conference if no discovery is taken, or within thirty (30) days after the close of discovery, unless all parties and the Panel agree to extend the Arbitration Hearing date, or unless the parties agree in writing to waive the Arbitration Hearing. The parties may mutually agree on the location of the Arbitration Hearing. If the parties fail to agree, the Arbitration Hearing shall be held in Chicago, Illinois, or at such other location determined by the Presiding Arbitrator to be most convenient to the participants. The Panel will determine the date(s) and time(s) of the Arbitration Hearing(s) after consultation with all parties and shall provide reasonable notice thereof to all parties or their representatives.
Arbitration Hearing. You and PeopleMedia are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing at least 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.
Arbitration Hearing. (a) The arbitrator or arbitration board Chair shall commence hearings and shall notify the Parties concerned of the place, date and time of the hearings.
(b) If the arbitration is on behalf of an individual or group they shall have the right to attend all arbitration hearings.
(c) Both Parties shall have the right to present evidence and to call witnesses before the board and to cross-examine other witnesses.
(d) In all other respects the arbitrator or the arbitration board shall determine its own procedures but all Parties shall be given full opportunity to present evidence and to make any recommendations.
Arbitration Hearing. Within 20 days after the selection of the arbitrator, the parties and their counsel will appear before the arbitrator at a place and time designated by the arbitrator for the purpose of each party making a one hour or less presentation and summary of the case. Thereafter, the arbitrator will set dates and times for additional hearings in accordance with the Rules until the proceeding is concluded. The desire and goal of the parties is, and the arbitrator will be advised that his goal should be, to conduct and conclude the arbitration proceeding as expeditiously as possible. If any party or his counsel fails to appear at any hearing, the arbitrator will be entitled to reach a decision based on the evidence that has been presented to him by the parties who did appear.
Arbitration Hearing. The Arbitrator selected or appointed shall meet with the parties at a mutually agreeable date to hear testimony relating to the grievance. Upon completion of this hearing, the Arbitrator shall render a written decision which shall be final and binding upon both parties.
Arbitration Hearing. (a) As soon as an Arbitrator has been appointed, the Arbitrator will be encouraged to commence the hearing within thirty (30) days and further encouraged to render a decision within fourteen (14) days.
(b) In order to expedite the arbitration process, the Parties agree that they will discuss their understanding of the issue or issues to be placed before the Arbitrator, and will attempt to prepare a statement of all facts which are not in dispute. The identification of the issue or issues and any statement of agreed facts will be prepared in written form and placed before the Arbitrator by agreement of the Parties.
(c) Each party to the arbitration will bear one-half the expense associated with the appointment of the Arbitrator.
(d) The decision of the Arbitrator shall be binding on both Parties and any employee affected by it.
Arbitration Hearing. 12.9.1 The arbitrator shall establish an arbitration date with the concurrence of the parties, provided, however, that if an arbitration date cannot be established within 90 calendar days of the selection of the arbitrator, either party may request the appointment of another arbitrator pursuant to Section 12.8.
12.9.2 Within the guidelines established by these procedures, the arbitrator shall establish the rules for conduct of the hearing and shall decide all procedural issues presented including matters regarding the admission of evidence.
12.9.3 Attendance at the hearings shall be limited to:
12.9.3.1 the grievant and up to two representatives;
12.9.3.2 the District Representative and the District Representative's advisor, if any;
12.9.3.3 the arbitrator;
12.9.3.4 witnesses, but only for the time they are needed;
12.9.3.5 an observer designated by the Union;
12.9.3.6 the Director of Human Resources, or an observer designated by the Director.
12.9.4 At the hearing only the participants listed in Sections 12.9.3.1 through 12.9.3.4 may participate. The grievant, the grievant’s representative(s) and all necessary witnesses, shall be provided released time for the time during which they are needed.
12.9.5 The grievant shall demonstrate, by preponderance of the evidence, that he or she was directly wronged by the action or circumstances that gave rise to the grievance. Once the grievant establishes a prima facie case the burden of producing evidence shall shift to the District.
Arbitration Hearing. The arbitrator shall use his/her best efforts to mediate the grievance before the formal arbitration hearing. The parties shall agree in advance upon procedures to be used at the hearing and the hearing shall follow a quasi-judicial format. The arbitrator selected or appointed shall meet with the parties as soon as a mutually agreeable date can be set to review the evidence and hear testimony relating to the grievance. Upon completion of this review and hearing, the arbitrator shall render a written decision as soon as possible to both the City and the Association which shall be final and binding on both parties.
Arbitration Hearing. The arbitrator shall confer with the parties and hold hearings promptly. The arbitrator’s decision shall be in writing and shall set forth his/her finding of fact, reasoning and conclusions on the issues submitted.
Arbitration Hearing. Not later than fifteen (15) days following the selection of the third arbitrator, a hearing shall be convened by the arbitrators at a mutually agreeable site. At such hearing, each Member shall be entitled to present arguments in favor of and call witnesses in support of such Member’s position with respect to the item in dispute; provided, however, that absent a written agreement of the Members to the contrary, presentation and/or arguments (including the direct testimony of any witnesses called by a Member) of each side of the dispute shall be limited to three (3) hours.
