Common use of Hearing Officer's Authority Clause in Contracts

Hearing Officer's Authority. A. A hearing shall include an opportunity to be heard. B. The hearing officer shall have full authority to hear the matter. C. The hearing officer shall have the authority to determine whether the subject matter of the grievance is subject to the grievance procedure. If the hearing officer determines that a grievance is not subject to the grievance procedure, he/she must issue a written determination within twenty (20) business days of the filing at Step 2. The determination shall be submitted in writing to the Union and shall include the rationale and reasons. D. The determination that a matter is not subject to the grievance procedure shall not adversely affect the Union’s ability to move the grievance to arbitration. E. The parties may mutually agree that the hearing officer shall decide a grievance based on a stipulation of facts and the parties’ respective legal arguments without the need for a full hearing. Except as provided in paragraph 10.4.C above, no motions to dismiss grievances shall be granted without the consent of the parties. Absent mutual agreement to waive the hearing, a hearing will be held. F. Except as provided in paragraphs 10.4.C and 10.4.E, a hearing shall include the right to examine and cross examine witnesses; to require the production of relevant records, information and witnesses which shall not be cumulative; and to make a verbatim record at the expense of the party making it. G. The hearing officer shall conduct the hearing in a manner which allows the parties separately to fairly present the case and such officer shall not be a witness or party in the proceedings. H. If both parties desire a transcript, the cost of the transcript shall be shared equally.

Hearing Officer's Authority. A. A hearing shall include an opportunity to be heard. B. The hearing officer shall have full authority to hear the matter. C. The hearing officer shall have the authority to determine whether the subject matter of the grievance is subject to the grievance procedure. If the hearing officer determines that a grievance is not subject to the grievance procedure, he/she they must issue a written determination within twenty (20) business days of the filing at Step 2. The determination shall be submitted in writing to the Union and shall include the rationale and reasons. D. The determination that a matter is not subject to the grievance procedure shall not adversely affect the Union’s ability to move the grievance to arbitration. E. The parties may mutually agree that the hearing officer shall decide a grievance based on a stipulation of facts and the parties’ respective legal arguments without the need for a full hearing. Except as provided in paragraph 10.4.C above, no motions to dismiss grievances shall be granted without the consent of the parties. Absent mutual agreement to waive the hearing, a hearing will be held. F. Except as provided in paragraphs 10.4.C and 10.4.E, a hearing shall include the right to examine and cross examine witnesses; to require the production of relevant records, information and witnesses which shall not be cumulative; and to make a verbatim record at the expense of the party making it. G. The hearing officer shall conduct the hearing in a manner which allows the parties separately to fairly present the case and such officer shall not be a witness or party in the proceedings. H. If both parties desire a transcript, the cost of the transcript shall be shared equally.