Common use of Documents and Witnesses Clause in Contracts

Documents and Witnesses. Upon written request, the Union shall receive specific documents or records available from the Employer, in accordance with or 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. Upon request, prior to Arbitration, all documents 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, nor shall either party be limited from introducing any document or evidence it deems necessary to rebut the case of the other. Documents requested under this Section shall be provided in a timely manner. At least ten (10) week days before a scheduled Arbitration Hearing, the Union and the Employer shall exchange a written list of the witnesses they plan to call including those witnesses the Union requests be relieved from duty. Nothing shall preclude the calling of previously unidentified 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. The intent of the parties is to minimize time lost from work.

Documents and Witnesses. Upon written request, the Union shall receive specific documents or records available from the Employer, in accordance with or 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. Upon request, prior to Arbitration, all documents 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, nor shall either party be limited from introducing any document or evidence it deems necessary to rebut the case of the other. Documents requested under this Section shall be provided in a timely manner. At least ten (10) week days before a scheduled Arbitration Hearing, the Union and the Employer shall exchange a written list of the witnesses they plan to call including those witnesses the Union requests be relieved from duty. Nothing shall preclude the calling of previously unidentified 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 concludedconcluded 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.