Common use of Documents and Witnesses Clause in Contracts

Documents and Witnesses. Upon written request, the MCO Central Office, or its designee, shall have access to and normally receive specific written, taped, recorded or electronic exhibits not previously provided or records available from the Employer not prohibited by law, and pertinent to the grievance under consideration. Discretion permitted under the Freedom of Information Act shall not be impaired by this Section. Documents requested under this Section shall be provided in a timely manner. Disputes regarding receipt of evidence under this section shall be addressed by MCO and the Department. This does not preclude the Union from grieving if the dispute is not resolved. Upon request, prior to a scheduled Arbitration Hearing, all documents or other materials not previously provided or exchanged which either party intends to use as evidence will be forwarded to the other party. However, such response shall not limit either party in the presentation of necessary evidence. Arbitration Hearings will be held at the location which best minimizes time lost from work. At least 14 calendar days before a scheduled Arbitration Hearing, the Union shall provide the Employer a written list of the witnesses it plans to call and who it requests to be relieved from duty. Nothing shall preclude the calling of previously unidentified witnesses. Upon request the Employer shall also provide a list of those it intends to call as witnesses. Employees required to testify will be made available without loss of pay; however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have completed their testimony shall return promptly to work when their testimony is concluded unless they are required to assist the principal Union Representative(s) in the conduct of the case. The intent of the parties is to minimize time lost from work. In the event the arbitration hearing is held on the witness’s workday at other than the witness’s scheduled work time, the properly designated union witness shall be permitted an equivalent amount of time off (including reasonable and necessary travel time if held away from the witness’s work location) from scheduled work on his/her upcoming or previous shift or, by mutual agreement, on another day in the pay period. Employee requests to utilize available leave credits for the remainder of the partial shift may be granted at the sole discretion of the Employer, but should not be unreasonably denied.

Documents and Witnesses. Upon written request, the MCO Central Office, or its designee, shall have access to and normally receive specific written, taped, recorded or electronic exhibits not previously provided or records available from the Employer not prohibited by law, and pertinent to the grievance under consideration. Discretion permitted under the Freedom of Information Act shall not be impaired by this Section. Documents requested under this Section shall be provided in a timely manner. Disputes regarding receipt of evidence under this section shall be addressed by MCO and the Department. This does not preclude the Union from grieving if the dispute is not resolved. Upon request, prior to a scheduled Arbitration Hearing, all documents or other materials not previously provided or exchanged which either party intends to use as evidence will be forwarded to the other party. However, such response shall not limit either party in the presentation of necessary evidence. Arbitration Hearings will be held at the location which best minimizes time lost from work. At least 14 calendar days before a scheduled Arbitration Hearing, the Union shall provide the Employer a written list of the witnesses it plans to call and who it requests to be relieved from duty. Nothing shall preclude the calling of previously unidentified witnesses. Upon request the Employer shall also provide a list of those it intends to call as witnesses. Employees required to testify will be made available without loss of pay; however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have completed their testimony shall return promptly to work when their testimony is concluded unless they are required to assist the principal Union Representative(s) in the conduct of the caseconcluded. The intent of the parties is to minimize time lost from work. In the event the arbitration hearing is held on the witness’s workday at other than the witness’s scheduled work time, the properly designated union witness shall be permitted an equivalent amount of time off (including reasonable and necessary travel time if held away from the witness’s work location) from scheduled work on his/her upcoming or previous shift or, by mutual agreement, on another day in the pay period. Employee requests to utilize available leave credits for the remainder of the partial shift may be granted at the sole discretion of the Employer, but should not be unreasonably denied.

Documents and Witnesses. Upon written request, the MCO Central Office, or its designee, shall have access to and normally receive specific written, taped, recorded or electronic exhibits documents not previously provided or records available from the Employer not prohibited by law, and pertinent to the grievance under consideration. Discretion permitted under the Freedom of Information Act shall not be impaired by this Section. Documents requested under this Section shall be provided in a timely manner. Disputes regarding receipt of evidence under this section shall be addressed by MCO and the Department. This does not preclude the Union from grieving if the dispute is not resolved. Upon request, prior to a scheduled Arbitration Hearing, all documents or other materials not previously provided or exchanged which either party intends to use as evidence will be forwarded to the other party. However, such response shall not limit either party in the presentation of necessary evidence. Arbitration Hearings will be held at the location which best minimizes time lost from work. At least 14 calendar days before a scheduled Arbitration Hearing, the Union shall provide the Employer a written list of the witnesses it plans to call and who it requests to be relieved from duty. Nothing shall preclude the calling of previously unidentified witnesses. Upon request the Employer shall also provide a list of those it intends to call as witnesses. Employees required to testify will be made available without loss of pay; however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have completed their testimony shall return promptly to work when their testimony is concluded unless they are required to assist the principal Union Representative(s) in the conduct of the case. The intent of the parties is to minimize time lost from work. In the event the arbitration hearing is held on the witness’s workday at other than the witness’s scheduled work time, the properly designated union witness shall be permitted an equivalent amount of time off (including reasonable and necessary travel time if held away from the witness’s work location) from scheduled work on his/her upcoming or previous shift or, by mutual agreement, on another day in the pay period. Employee requests to utilize available leave credits for the remainder of the partial shift may be granted at the sole discretion of the Employer, but should not be unreasonably denied.shift

Documents and Witnesses. Upon written request, the MCO Central Office, or its designee, Union shall have access to and normally and/or receive specific written, taped, recorded or electronic exhibits not previously provided documents or records available from the Employer not prohibited by law, and pertinent to the grievance under consideration. Discretion permitted under the Freedom of Information Act shall not be impaired by this Section. Documents requested under this Section shall be provided in a timely manner. Disputes regarding receipt of evidence under this section shall be addressed by MCO and the Department. This does not preclude the Union from grieving if the dispute is not resolved. Upon request, prior to a scheduled Arbitration Hearing, all documents or other materials not previously provided or exchanged which either party intends to use as evidence will be forwarded to the other party. However, such response shall not limit either party in the presentation of necessary evidence. Arbitration Hearings will be held at the location which best minimizes time lost from work. At least 14 calendar days ten (10) weekdays before a scheduled Arbitration Hearing, the Union shall provide the Employer a written list of the witnesses it plans to call and who it requests to be relieved from duty. Nothing shall preclude the calling of previously unidentified witnesses. Upon request the Employer shall also provide a list of those it intends to call as witnesses. Employees required to testify will be made available without loss of pay; however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have completed their testimony shall return promptly to work when their testimony is concluded unless they are required to assist the principal Union Representative(s) in the conduct of the case. The intent of the parties is to minimize time lost from work. In the event the arbitration hearing is held on the witness’s workday at other than the witness’s scheduled work time, the properly designated union witness shall be permitted an equivalent amount of time off (including reasonable and necessary travel time if held away from the witness’s work location) from scheduled work on his/her upcoming or previous shift or, by mutual agreement, on another day in the pay period. Employee requests to utilize available leave credits for the remainder of the partial shift may be granted at the sole discretion of the Employer, but should not be unreasonably denied.her