Hearing Conduct. A. Copies of all documents, including a certificate of service, filed with the arbitrator at any stage of the arbitration proceeding will be simultaneously served on the other Party.
B. Neither Party may submit a pre-hearing brief except upon the specific request of the arbitrator or by mutual consent of the Parties.
C. The rules of evidence will be liberally applied.
D. Except as expressed in this Agreement, the arbitrator will determine the procedures to be followed at the hearing and will explain such procedures to both Parties at the outset of the hearing.
E. The Party invoking arbitration will present its case first, except in disciplinary or adverse actions, in which case the Employer will present its case first.
F. The grievant, his/her representative, and all employees who are called as witnesses will be excused from duty without charge to leave to the full extent necessary to participate in the arbitration, including the travel to the hearing, ifany, and the Employer will provide, or reimburse costs for, the travel of such grievant and his/her representative, and travel not requiring an approved travel authorization for any witness(es) necessary.
G. The Employer will make employees available as witnesses when requested by the Union. If the Employer determines it is not administratively practicable to comply with the Union’s request, or otherwise declines to produce the witness, and if the arbitrator determines the employee’s testimony is relevant, the arbitrator may order the Employer to produce the witness or, as a last resort, postpone the hearing and assess all hearing and arbitration costs incurred as a result of the postponement against the Employer. However, the Union may, in its sole discretion, elect to submit an affidavit in place of the direct testimony of the employee who is unavailable for reasons beyond the control of the employee or the Union.
H. The arbitrator will have the obligation of expecting the representatives of the Parties to bring before him/her all necessary facts and considerations. This duty includes drawing an appropriate adverse inference when a Party fails to present facts or witnesses that the arbitrator deems necessary and relevant.
I. Witnesses at a hearing must testify in the presence of the aggrieved employee and his/her representative unless waived by the employee and the employee’s representative. Both Parties will have the right and opportunity to cross examine all witnesses except as provided in Section 8(G)...
Hearing Conduct. The parties agree that for the purpose of providing a swift and economical resolution of the dispute the following guidelines apply:
1. The Arbitrator will be appointed using the traditional Arbitrator Panel or FMCS described in this Article.
2. Upon mutual agreement of the parties, the Arbitrator may decide the grievance based on the submission of written briefs in lieu of holding a hearing.
3. If a hearing is done it shall be scheduled as soon as reasonably possible and conducted via teleconference unless the parties mutually agree otherwise.
4. The parties may mutually agree to forgo prehearing exchange requirements set forth in this Article.
5. No post hearing briefs shall be filed, or transcripts made.
6. The Arbitrator may issue a bench decision and close the hearing, or if a written decision is issued, the Arbitrator shall render it within (5) calendar days after the conclusion of the hearing.
