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.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Grievance Procedure, Collective Bargaining Agreement
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 Associate Vice Chancellor, Human Resources, or an observer designated by the DirectorAssociate Vice Chancellor.
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 they were 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.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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 calen- dar 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 ’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 DirectorXx- xxxxxx.
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 grievancegriev- ance. Once the grievant establishes a prima facie case the burden of producing evidence evi- dence shall shift to the District.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 Associate Vice Chancellor, Human Resources, or an observer designated by the DirectorAssociate Vice Chancellor.
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 grievants 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 they were 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.
Appears in 1 contract
Samples: Grievance Procedure
