Burdens of Proof. In accordance with 49 CFR 26.61, the firm seeking certification has the burden of demonstrating to the MRCC, by a preponderance of the evidence, that it meets the requirements concerning group membership or individual disadvantage, business size, ownership and control. o The MRCC will make a rebuttable presumption that members of the designated groups identified in 49 CFR 26.67 are socially disadvantaged. Where the presumption does not apply or has been rebutted, the individuals have the burden of proving, by a preponderance of the evidence, that they are socially disadvantaged. The applicant also has the burden of proof to demonstrate economic disadvantaged status based upon the requirement for personal net worth contained in 49 CFR Part 26. o The MRCC will make determinations concerning whether individuals and firms have met the burden of demonstrating group membership, ownership, control, and social and economic disadvantage by considering all the facts in the record, viewed as a whole.
Burdens of Proof. A. When an employee elects to raise a matter covered by 5 U.S.C. 4303 (reduction in grade or removal of an employee for unacceptable performance) in the negotiated grievance procedure and the Union moves the matter to arbitration, the arbitrator will be governed by 5 U.S.C. 7701(c) (1) (A) – i.e., the decision of the Employer will be sustained only if the Employer’s decision is supported by substantial evidence.
B. When an employee has elected to raise a matter covered by 5 U.S.
C. 7512 (adverse actions taken for cause) in the negotiated grievance procedure and the Union moves the matter to arbitration, the arbitrator will be governed by 5 U.S.C. 7701(c) (1) (B) – i.e., the decision of the Employer will be sustained only if the Employer’s decision is supported by a preponderance of the evidence.
Burdens of Proof. In the event of any dispute over the applicability or enforcement of this Agreement, the following standards shall apply:
Burdens of Proof. The burden of proof shall be on the Union to establish its case by a preponderance of the evidence, except the same burden shall apply to the City in arbitrations concerning disciplinary action against bargaining unit employees.
Burdens of Proof. In accordance with 49 CFR §26.61, the firm seeking certification has the burden of demonstrating to the MRCC, by a preponderance of the evidence, i.e. more likely than not, that it satisfield all of the requirements in this subpart. In determining whether the firm has met its burden, the MRCC certifier must consider all the information in the record, viewed a a whole.
Burdens of Proof. If the alternative offer of Xxxxxxx Amendment liability terms is not elected and paid for by the Customer, standard contract principals shall apply to the interpretation and enforcement of the contract of carriage, including burdens of proof. The Customer shall bear the burden of proof, by a preponderance of the evidence, of each of the following:
a. that all conditions precedent to maintaining a legal action against UPRR have been met, including but not limited to the timely submission to UPRR of a compliant cargo loss or damage claim as required by the contract of carriage;
b. that the person proceeding against UPRR for cargo loss or damage has standing to do so;
c. that the cargo at issue was delivered to UPRR in good order and condition;
d. that the quantity of cargo asserted to have been delivered to UPRR was in fact delivered to UPRR;
e. that the cargo was properly packaged, loaded, blocked and braced by the loading party and that the method of any such actions did not contribute in whole or in part to any alleged cargo loss or damage;
f. existence of UPRR's duty under the contract of carriage which UPRRis alleged to have breached;
g. UPRR's breach of duty;
h. that UPRR was negligent in its breach of the contract and that UPRR's negligence proximately caused the cargo loss or damage alleged;
i. that the shipment was delivered by UPRR in a damaged or shorted condition;
j. that the damages suffered are recoverable items of damages under the contract of carriage;
k. that no act on the part of the Customer or its agents or third party or parties over whom UPRR had no control caused or contributed to the damages;
l. that the Customer made every reasonable effort to timely mitigate its damages including: obtaining salvage bids, offering cargo to UPRR, or granting a fair market value; m. the actual amount of recoverable damages sustained by the Customer; and
