Common use of Hearings Clause in Contracts

Hearings. In the hearing of a case, either party may present any evidence bearing on the facts of the particular case, and may present testimony of witnesses either in person or by written witness statements. However, these statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raised. During the hearing, only panel members, alternate members of the Committee, the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the Committee, except for the designated panel hearing the case, shall not participate in the presentation, the discussion, or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimony, the panel members will be free to ask questions of the parties. After such questioning, the panel of the Committee will retire to executive session and will vote, and thereby render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel goes into executive session in order to decide the case, all others must retire from the room. After a decision has been reached by a majority vote of the panel, the decision shall be reduced in writing and provided to the parties in a manner agreed upon by the Committee.

Hearings. In the hearing of a case, either party may present any evidence bearing on the facts of the particular case, and may present testimony of witnesses either in person or by written witness statements. However, these statements must contain the following statement: "“THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." ” Unless otherwise agreed to by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing. However, HOWEVERno later than forty-eight (48) hours prior to the scheduled meeting of the committee. The following are the only permissible exceptions: bargaining history, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORYprecedent setting arbitration awards, PRECEDENT SETTING ARBITRATION AWARDSprecedent setting settlements court decisions, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONSand labor board decisions. Failure to comply with this rule by either party, party shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raised. During the hearing, only panel members, alternate members of the Committee, the parties presenting the case, and those directly involved in the specific case being heard, heard shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the Committee, except for the designated panel hearing the case, shall not participate in the presentation, the discussion, or the questioning. In discharge, involuntary demotion, suspension suspension, and reprimand cases, the Commonwealth PASSHE must present its is evidence first; in all other cases, the Association SCUPA will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two (2) individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one (1) of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimony, the panel members will be free to ask questions of the parties. After such questioning, the panel of the Committee will retire to executive session and will vote, and thereby render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel goes into executive session in order to decide the case, all others must retire from the room. After a decision has been reached by a majority vote of the panel, the decision shall be reduced in writing and provided to the parties in a manner agreed upon by the Committee.

Hearings. In the hearing of a case, either party may present any evidence bearing on the facts of the particular case, and may present testimony of witnesses either in person or by written witness statements. However, these statements must contain the following statement: "“THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." ” Unless otherwise agreed to by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing. However, HOWEVERno later than forty-eight (48) hours prior to the scheduled meeting of the committee. The following are the only permissible exceptions: bargaining history, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORYprecedent setting arbitration awards, PRECEDENT SETTING ARBITRATION AWARDSprecedent setting settlements court decisions, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONSand labor board decisions. Failure to comply with this rule by either party, party shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raised. During the hearing, only panel members, alternate members of the Committee, the parties presenting the case, and those directly involved in the specific case being heard, heard shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the Committee, except for the designated panel hearing the case, shall not participate in the presentation, the discussion, or the questioning. In discharge, involuntary demotion, suspension suspension, and reprimand cases, the Commonwealth State System must present its is evidence first; in all other cases, the Association SCUPA will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two (2) individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one (1) of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimony, the panel members will be free to ask questions of the parties. After such questioning, the panel of the Committee will retire to executive session and will vote, and thereby render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel goes into executive session in order to decide the case, all others must retire from the room. After a decision has been reached by a majority vote of the panel, the decision shall be reduced in writing and provided to the parties in a manner agreed upon by the Committee.

Hearings. In the hearing of a case, either party may present any evidence bearing on the facts of the particular case, and may present testimony of witnesses either in person or by written witness statements. However, these statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, . HOWEVER, NO LATER THAN 48 FORTY-EIGHT (48) HOURS PRIOR TO THE SCHEDULED MEETING OF THE JOINT STATE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raised. During the hearing, only panel members, alternate members of the Committee, the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the Committee, except for the designated panel hearing the case, shall not participate in the presentation, the discussion, or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association Union will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be a co-presenter on the respective case. The number of co-presenters shall be limited to two (2) individuals, and a co-co- presenter shall only supplement the presentation of the case in chiefcase. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one (1) of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimony, the panel members will be free to ask questions of the parties. After such questioning, the panel of the Joint State Committee will retire to executive session and will vote, and thereby render its decision. Voting The voting will be conducted by secret ballot if requested by any member of the committee, otherwise, voting by a show of hands will be deemed to be sufficient. When the panel goes into executive session in order to decide the case, all others must retire from the room. After a decision has been reached by a majority vote of the panel, the decision shall be reduced in to writing and provided to the parties in a manner agreed upon by the Joint State Committee.

Hearings. In Discharge or Suspension cases the Employer shall present its evi- dence and arguments first (1st) and in regular (non-discipline and contract interpretation) cases the moving party shall present its evi- dence and arguments first (1st). Arguments on the facts or the merits of the case shall only be argued by a full-time representative of the Employer or the Union. Neither party shall be allowed to have attorneys participate in hear- ings. In the hearing of a case, case either party may present any evidence bearing bear- ing on the facts of the particular case, case and may present testimony of witnesses either in person or by written witness statements. However, these notarized statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to or by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raisedstate- ments on letterhead. During the hearing, only panel Panel members, alternate members of the CommitteeCo-Chairs, the Arbitrator and the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conductedcon- ducted. Other members of the CommitteeCommittee shall be allowed to be present, except for but shall not intermingle with the group designated panel hearing the case, above and shall not participate in the presentation, the discussion, discussion or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimonycase, the panel members will be free to ask questions of the parties. After such questioningPanel, the panel of the Committee will retire to in executive session and will votesession, and thereby shall then render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel Panel goes into executive session in order to decide the case, all others must retire from the room. Each party will submit a written statement of all facts involved in each case at the time of the hearing. If such written statement is not submitted to the Panel at the time of the hearing, the case will not be heard. All evidence must be presented during the original pres- entation. After both parties have presented their case, there shall be a short period of rebuttal for each party. Rebuttal by either party must relate directly to factual evidence and arguments presented by the other party. During the rebuttal no new evidence will be allowed unless it relates directly to the evidence or testimony of the other party. During the rebuttal period, the presiding Chairman may call for an executive session if, in his opinion, the testimony or new evi- dence does not relate to testimony or evidence presented by the other party. Arguments on the case can be cut off, upon mutual agreement of the Co-Chairs, by the presiding Chairman after all factual information has been presented or either party becomes repetitious. Following the rebuttal period, questions may be asked of both par- ties only by members of the Panel or the arbitrator. No arguments between the opposing parties will be allowed. The presiding Chairman is responsible for limiting repetitious questions, state- ments or comments. Cross-examination shall only come through, or by, Panel members. After each party has presented its case, the Panel will go into an executive session. When the Panel goes into executive session in order to decide the case, all others must retire from the room. The Panel shall then render its decision immediately following the exec- utive session. The Panel will go into executive session and render a decision after each case has been reached presented. Only the decision will be recorded on the joint submission form. It will be signed and dated by a majority vote the two (2) co-chairpersons presiding over the case. The Panel will mail the decision in each case, or recall the parties for an announcement of the paneldecision. In cases involving a discharge of continuing liability, the decision shall be reduced in writing panel will promptly notify the Employer and provided to the parties in a manner agreed upon by Local Union of the Committeedecision.

Hearings. In The party complained against shall be in charge of the logistical administration of the hearings, particularly the venue, the assistance of interpreters and other staff necessary, unless otherwise agreed. The chairperson shall fix the date and time of the hearing in consultation with the parties and the other members of the Arbitration Tribunal, and confirm this in writing to the parties, no later than fifteen (15) days prior to the hearing. Unless the parties agree otherwise, the hearing shall be held in a place to be decided upon by the party complained against. The Arbitration Tribunal may convene additional hearings if the parties so agree. All arbitrators shall be present at hearings. The following persons may attend the hearing: representatives of the parties; advisers to the parties; administrative staff, interpreters and translators; arbitrators’ assistants. Only the representatives and advisors of the parties may address the Arbitration Tribunal. No later than five (5) days before the date of a casehearing, each party shall deliver a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that party and of other representatives or advisers who will be attending the hearing. The Arbitration Tribunal shall conduct the hearing in the following manner, ensuring that the complaining party and the party complained against are afforded equal time: Argument a) argument of the complaining party b) argument of the party complained against Rebuttal Argument a) rebuttal argument of the complaining party b) rebuttal argument of the party complained against The Arbitration Tribunal may direct questions to either party at any time during the hearing. The Arbitration Tribunal shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the parties. Each party may present deliver a supplementary written submission concerning any matter that arose during the hearing within ten (10) days of the date of the hearing. Evidence Parties shall submit all evidence bearing to the Tribunal no later than during the course of the first hearing provided for in paragraph 17 other than evidence necessary for purposes of rebuttals and answers to questions. Exceptions to this procedure will be granted upon a showing of good cause. In such cases, the other party shall be accorded a period of time for comment on the facts newly submitted evidence, as the Tribunal deems appropriate. All the evidence submitted by the parties shall be kept in the files of the particular casedispute. In case the parties so request, the Arbitration Tribunal shall hear witnesses or experts, in the presence of the parties, during the hearings. Questions in Writing The Arbitration Tribunal may at any time during the proceedings address questions in writing to the parties involved in the dispute and may present testimony set a time-limit for submission of witnesses either the responses. The parties shall receive a copy of any question put by the Tribunal. A party shall also provide a copy of its written response to the Arbitration Tribunal’s questions to the other parties. Each party shall be given the opportunity to provide written comments on the other party’s reply within seven (7) days of the date of receipt. Whenever a party fails to submit in person due time its initial written submission, is absent from a scheduled hearing or by written witness statementsin any other way breaches the procedures without good and sufficient cause, the Tribunal shall, upon assessment of the aforesaid circumstances decide on its effect on the future course of the proceedings. However, these statements Arbitration Decisions and Award The Arbitration decision and award must contain the following statementdetails, in addition to any other elements which the Arbitration Tribunal may consider appropriate: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to by the The parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to dispute; The name and nationality of each of the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raised. During the hearing, only panel members, alternate members of the CommitteeArbitration Tribunal and the date of its establishment; The names of the representatives of the parties; The measures subject of the dispute; A report on the development of the arbitration procedure, including a summary of the parties presenting arguments of each of the caseparties; The decision reached concerning the dispute indicating its factual and legal grounds; The period of time for compliance with the award, when appropriate; The share of the expenses in accordance with Article 21 of the Chapter; The date and those directly involved in place of the specific case being heard, shall be allowed to sit in issue; The signature of all the immediate area where the hearing is being conducted. Other members of the Committee, except for the designated panel hearing the case, Arbitration Tribunal. “Ex parte” Contacts The Arbitration Tribunal shall not participate meet or contact a party in the presentationabsence of the other parties. No arbitrator may discuss any aspect of the subject matter of the proceedings with one party or other parties in the absence of the other arbitrators. Urgent Cases In cases of urgency referred to in Article 16.4 of the Chapter, the discussionArbitration Tribunal shall, or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimony, the panel members will be free to ask questions of after consulting the parties. After such questioning, modify the panel of the Committee will retire time-limits referred to executive session in these rules as appropriate and will vote, and thereby render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel goes into executive session in order to decide the case, all others must retire from the room. After a decision has been reached by a majority vote of the panel, the decision shall be reduced in writing and provided to notify the parties in a manner agreed upon by the Committeeof any such adjustments.

Hearings. In Discharge or Suspension cases the Employer shall present its evi- dence and arguments first (1st) and in regular (non-discipline and contract interpretation) cases the moving party shall present its evi- dence and arguments first (1st). Arguments on the facts or the merits of the case shall only be argued by a full-time representative of the Employer or the Union. Neither party shall be allowed to have attorneys participate in hear- ings. In the hearing of a case, case either party may present any evidence bearing bear- ing on the facts of the particular case, case and may present testimony of witnesses either in person or by written witness statements. However, these notarized statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to or by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raisedstate- ments on letterhead. During the hearing, only panel Panel members, alternate members of the CommitteeCo-Chairs, the Arbitrator and the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conductedcon- ducted. Other members of the CommitteeCommittee shall be allowed to be present, except for but shall not intermingle with the group designated panel hearing the case, above and shall not participate in the presentation, the discussion, discussion or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimonycase, the panel members will be free to ask questions of the parties. After such questioningPanel, the panel of the Committee will retire to in executive session and will votesession, and thereby shall then render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel Panel goes into executive session in order to decide the case, all others must retire from the room. Each party will submit a written statement of all facts involved in each case at the time of the hearing. If such written statement is not submitted to the Panel at the time of the hearing, the case will not be heard. All evidence must be presented during the original pres- entation. After both parties have presented their case, there shall be a short period of rebuttal for each party. Rebuttal by either party must relate directly to factual evidence and arguments presented by the other party. During the rebuttal no new evidence will be allowed unless it relates directly to the evidence or testimony of the other party. During the rebuttal period, the presiding Chairman may call for an executive session if, in his opinion, the testimony or new xxx- xxxxx does not relate to testimony or evidence presented by the other party. Arguments on the case can be cut off, upon mutual agreement of the Co-Chairs, by the presiding Chairman after all factual information has been presented or either party becomes repetitious. Following the rebuttal period, questions may be asked of both par- ties only by members of the Panel or the arbitrator. No arguments between the opposing parties will be allowed. The presiding Chairman is responsible for limiting repetitious questions, state- ments or comments. Cross-examination shall only come through, or by, Panel members. After each party has presented its case, the Panel will go into an executive session. When the Panel goes into executive session in order to decide the case, all others must retire from the room. The Panel shall then render its decision immediately following the exec- utive session. The Panel will go into executive session and render a decision after each case has been reached presented. Only the decision will be recorded on the joint submission form. It will be signed and dated by a majority vote the two (2) co-chairpersons presiding over the case. The Panel will mail the decision in each case, or recall the parties for an announcement of the paneldecision. In cases involving a discharge of continuing liability, the decision shall be reduced in writing panel will promptly notify the Employer and provided to the parties in a manner agreed upon by Local Union of the Committeedecision.

Hearings. In Discharge or Suspension cases the Employer shall present its evidence and arguments first (1st) and in regular (non-discipline and contract interpretation) cases the moving party shall present its evidence and arguments first (1st). Arguments on the facts or the merits of the case shall only be argued by a full -time representative of the Employer or the Union. Neither party shall be allowed to have attorneys participate in hearings. In the hearing of a case, case either party may present any evidence bearing on the facts of the particular case, case and may present testimony of witnesses either in person or by written witness statements. However, these notarized statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to or by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raisedon letterhead. During the hearing, only panel Panel members, alternate members of the CommitteeCo-Chairs, the Arbitrator and the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the CommitteeCommittee shall be allowed to be present, except for but shall not intermingle with the group designated panel hearing the case, above and shall not participate in the presentation, the discussion, discussion or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimonycase, the panel members will be free to ask questions of the parties. After such questioningPanel, the panel of the Committee will retire to in executive session and will votesession, and thereby shall then render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel Panel goes into executive session in order to decide the case, all others must retire from the room. Each party will submit a written statement of all facts involved in each case at the time of the hearing. If such written statement is not submitted to the Panel at the time of the hearing, the case will not be heard. All evidence must be presented during the original presentation. After both parties have presented their case, there shall be a decision short period of rebuttal for each party. Rebuttal by either party must relate directly to factual evidence and arguments presented by the other party. During the rebuttal no new evidence will be allowed unless it relates directly to the evidence or testimony of the other party. During the rebuttal period, the presiding Chairman may call for an executive session if, in his opinion, the testimony or new evidence does not relate to testimony or evidence presented by the other party. Arguments on the case can be cut off, upon mutual agreement of the Co-Chairs, by the presiding Chairman after all factual information has been reached presented or either party becomes repetitious. Following the rebuttal period, questions may be asked of both parties only by a majority vote members of the panelPanel or the Arbitrator. No arguments between the opposing parties will be allowed. The presiding Chairman is responsible for limiting repetitious questions, statements or comments. Cross-examination shall only come through, or by, Panel members. After each party has presented its case, the decision shall be reduced Panel will go into an executive session. When the Panel goes into executive session in writing and provided order to decide the parties in a manner agreed upon by the Committee.case, all others must retire from the

Hearings. The Compliance Committee shall conduct hearings in accordance with Hearing Procedures approved by the Federal Energy Regulatory Commission (Hearing Procedures). In compliance hearings in which an entity may contest a finding of alleged violation, proposed penalty or sanction, a proposed mitigation plan, a remedial directive, or other such matters as allowed by the Hearing Procedures, the Compliance Committee shall establish and maintain a hearing body with authority to conduct and render decisions on the matter. In accordance with the NERC Compliance Monitoring and Enforcement Program Hearing Procedures (“Hearing Procedures”), a quorum for the purpose of constituting a hearing body shall be (after any recusals or disqualifications and including any alternates) fifty (50) percent of the Compliance Committee. In addition to a quorum, the chair of the Compliance Committee shall declare the Hearing Body duly constituted only if no two sectors can control and no one sector can veto the actions of the Hearing Body (the “Sector Control Requirements”). Approval of all actions before a duly constituted Hearing Body shall require a simple majority of the votes cast, which number of members voting shall not be less than a quorum, with each member of the Hearing Body having one vote. To ensure that the Sector Control Requirements are met in the formation of a caseHearing Body, either party may present any evidence bearing on the facts of the particular case, and may present testimony of witnesses either in person or by written witness statements. However, these statements must contain Chair shall adhere to the following statementin declaring the Hearing Body duly constituted: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to by • If the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be Hearing Body is made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raised. During the hearing, only panel members, alternate up of six (6) members of the Compliance Committee, then each sector shall have no more than one (1) representative on the parties presenting Hearing Body. • If the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing Hearing Body is being conducted. Other made up of seven (7) or eight (8) members of the Compliance Committee, except for then only one sector can have two (2) representatives on the designated panel hearing Hearing Body, and each other sector can have only one (1) representative on the caseHearing Body. • If the Hearing Body is made up of nine (9) or ten (10) members of the Compliance Committee, then no sector can have more than two (2) representatives on the Hearing Body. • If the Hearing Body is made up of eleven (11) or twelve (12) members of the Compliance Committee, then the Sector Control Requirements are met, as no two sectors would have enough votes to control, and no one sector would have the ability to veto. The chair, in his or her sole discretion, shall not participate in have the presentationauthority to determine whether the Hearing Body meets the quorum requirements and Sectory Control requirements and is therefore duly constituted. The decision of any duly constituted Hearing Body pursuant to these requirements shall be final and binding on the Corporation, without requiring either the discussion, Compliance Committee or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, Corporation to ratify the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimony, the panel members will be free to ask questions of the parties. After such questioning, the panel of the Committee will retire to executive session and will vote, and thereby render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel goes into executive session in order to decide the case, all others must retire from the room. After a decision has been reached by a majority vote of the panel, the decision shall be reduced in writing and provided to the parties in a manner agreed upon by the CommitteeHearing Body’s actions.

Hearings. In Discharge or Suspension cases the Employer shall present its evidence and arguments first (1st) and in regular (non-discipline and contract interpretation) cases the moving party shall present its evidence and arguments first (1st). Arguments on the facts or the merits of the case shall only be ar- gued by a full-time representative of the Employer or the Union. Neither party shall be allowed to have attorneys participate in hear- ings. In the hearing of a case, case either party may present any evidence bearing on the facts of the particular case, case and may present testimony of witnesses wit- nesses either in person or by written witness statements. However, these notarized statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to or by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raisedon letterhead. During the hearing, only panel Panel members, alternate members of the CommitteeCo-Chairs, the Arbitrator and the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the CommitteeCommittee shall be allowed to be present, except for the designated panel hearing the case, but shall not participate intermingle with the group designated above and shall not partic- ipate in the presentation, the discussion, discussion or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimonycase, the panel members will be free to ask questions of the parties. After such questioningPanel, the panel of the Committee will retire to in executive session and will votesession, and thereby shall then render its decision. Voting When the Panel goes into executive session in or- der to decide the case, all others must retire from the room. Each party will submit a written statement of all facts involved in each case at the time of the hearing. If such written statement is not submitted to the Panel at the time of the hearing, the case will not be heard. All evidence must be presented during the original presenta- tion. After both parties have presented their case, there shall be a short period of rebuttal for each party. Rebuttal by a show of hands either party must relate directly to factual evidence and arguments presented by the other party. During the rebuttal no new evidence will be deemed allowed un- less it relates directly to the evidence or testimony of the other party. During the rebuttal period, the presiding Chairman may call for an executive session if, in his opinion, the testimony or new evidence does not relate to testimony or evidence presented by the other party. Arguments on the case can be sufficientcut off, upon mutual agreement of the Co-Chairs, by the presiding Chairman after all factual informa- tion has been presented or either party becomes repetitious. Following the rebuttal period, questions may be asked of both parties only by members of the Panel or the arbitrator. No arguments between the opposing parties will be allowed. The presiding Chairman is re- sponsible for limiting repetitious questions, statements or comments. Cross-examination shall only come through, or by, Panel members. After each party has presented its case, the Panel will go into an exec- utive session. When the panel Panel goes into executive session in order to decide the case, all others must retire from the room. After The Panel shall then render its decision immediately following the executive session. The Panel will go into executive session and render a decision after each case has been reached presented. Only the decision will be recorded on the joint submission form. It will be signed and dated by a majority vote the two (2) co-chairpersons presiding over the case. The Panel will mail the decision in each case, or recall the parties for an announcement of the paneldecision. In cases involving a discharge of continuing liability, the decision shall be reduced in writing panel will promptly notify the Employer and provided to the parties in a manner agreed upon by Local Union of the Committeedecision.

Hearings. In the hearing of a case, either party may present any evidence bearing on the facts of the particular case, and may present testimony of witnesses either in person or by written witness statements. However, these statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 FORTY-EIGHT (48) HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raised. During the hearing, only panel members, alternate members of the Committee, the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the Committee, except for the designated panel hearing the case, shall not participate in the presentation, the discussion, or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two (2) individuals, and a co-co- presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one (1) of the co-co- presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimony, the panel members will be free to ask questions of the parties. After such questioning, the panel of the Committee will retire to executive session and will vote, and thereby render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel goes into executive session in order to decide the case, all others must retire from the room. After a decision has been reached by a majority vote of the panel, the decision shall be reduced in writing and provided to the parties in a manner agreed upon by the Committee.

Hearings. In Discharge or Suspension cases the Employer shall present its evidence and arguments first (1st) and in regular (non-discipline and contract interpretation) cases the moving party shall present its evidence and arguments first (1st). Arguments on the facts or the merits of the case shall only be ar- gued by a full-time representative of the Employer or the Union. Neither party shall be allowed to have attorneys participate in hearings. In the hearing of a case, case either party may present any evidence bearing bear- ing on the facts of the particular case, case and may present testimony of witnesses either in person or by written witness statements. However, these notarized statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to or by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raisedstate- ments on letterhead. During the hearing, only panel Panel members, alternate members of the CommitteeCo-Chairs, the Arbitrator and the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the CommitteeCommittee shall be allowed to be present, except for but shall not intermingle with the group designated panel hearing the case, above and shall not participate in the presentation, the discussion, discussion or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimonycase, the panel members will be free to ask questions of the parties. After such questioningPanel, the panel of the Committee will retire to in executive session and will votesession, and thereby shall then render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel Panel goes into executive session in order to decide the case, all others must retire from the room. Each party will submit a written statement of all facts involved in each case at the time of the hearing. If such written statement is not submitted to the Panel at the time of the hearing, the case will not be heard. All evidence must be presented during the original presenta- tion. After both parties have presented their case, there shall be a short period of rebuttal for each party. Rebuttal by either party must relate directly to factual evidence and arguments presented by the other party. During the rebuttal no new evidence will be allowed un- less it relates directly to the evidence or testimony of the other party. During the rebuttal period, the presiding Chairman may call for an executive session if, in his opinion, the testimony or new evidence does not relate to testimony or evidence presented by the other party. Arguments on the case can be cut off, upon mutual agreement of the Co-Chairs, by the presiding Chairman after all factual informa- tion has been presented or either party becomes repetitious. Following the rebuttal period, questions may be asked of both parties only by members of the Panel or the arbitrator. No arguments between the opposing parties will be allowed. The presiding Chairman is re- sponsible for limiting repetitious questions, statements or comments. Cross-examination shall only come through, or by, Panel members. After each party has presented its case, the Panel will go into an executive session. When the Panel goes into executive session in order to decide the case, all others must retire from the room. The Panel shall then render its decision immediately following the ex- ecutive session. The Panel will go into executive session and render a decision after each case has been reached presented. Only the decision will be recorded on the joint submission form. It will be signed and dated by a majority vote the two (2) co-chairpersons presiding over the case. The Panel will mail the decision in each case, or recall the parties for an announcement of the paneldecision. In cases involving a discharge of continuing liability, the decision shall be reduced in writing panel will promptly notify the Employer and provided to the parties in a manner agreed upon by Local Union of the Committeedecision.

Hearings. In Discharge or Suspension cases the Employer shall present its evidence and arguments first (1st) and in regular (non-dis- cipline and contract interpretation) cases the moving party shall present its evidence and arguments first (1st). Arguments on the facts or the merits of the case shall only be argued by a full -time representative of the Employer or the Union. Neither party shall be allowed to have attorneys participate in hearings. In the hearing of a case, case either party may present any evidence bearing on the facts of the particular case, case and may present testimony tes- xxxxxx of witnesses either in person or by written witness statements. However, these notarized state- ments or by statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raisedon letterhead. During the hearing, only panel Panel members, alternate members of the CommitteeCo-Chairs, the Arbitrator and the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate imme- diate area where the hearing is being conducted. Other members mem- bers of the CommitteeCommittee shall be allowed to be present, except for but shall not intermingle with the group designated panel hearing the case, above and shall not participate in the presentation, the discussion, discussion or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentationquestion- ing. After each party has presented its case and its official rebuttal testimonycase, the panel members will be free to ask questions of the parties. After such questioningPanel, the panel of the Committee will retire to in executive session and will votesession, and thereby shall then render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel Panel goes into executive session in order to decide the case, all others must retire from the room. Each party will submit a written statement of all facts involved in each case at the time of the hearing. If such writ- ten statement is not submitted to the Panel at the time of the hearing, the case will not be heard. All evidence must be pre- sented during the original presentation. After both parties have presented their case, there shall be a short period of rebuttal for each party. Rebuttal by either party must relate directly to factual evidence and arguments presented by the other party. During the rebuttal no new evidence will be allowed unless it relates directly to the evidence or testimony of the other party. During the rebuttal period, the presiding Chairman may call for an executive session if, in his opinion, the testimony or new evidence does not relate to testimony or evidence presented by the other party. Arguments on the case can be cut off, upon mutual agreement of the Co-Chairs, by the presiding Chairman after all factual information has been presented or either party becomes repeti- tious. Following the rebuttal period, questions may be asked of both parties only by members of the Panel or the Arbitrator. No arguments between the opposing parties will be allowed. The presiding Chairman is responsible for limiting repetitious questions, statements or comments. Cross-examination shall only come through, or by, Panel members. After each party has presented its case, the Panel will go into an executive session. When the Panel goes into executive ses- sion in order to decide the case, all others must retire from the room. The Panel shall then render its decision immediately following the executive session. The Panel will go into executive session and render a decision after each case has been reached presented. Only the decision will be recorded on the joint submission form. It will be signed and dated by a majority vote the two co-chairpersons presiding over the case. The Panel will mail the decision in each case, or recall the parties for an announcement of the paneldecision. In cases involv- ing a discharge of continuing liability, the decision shall be reduced in writing panel will promptly notify the Employer and provided to the parties in a manner agreed upon by Local Union of the Committeedecision.

Hearings. In the hearing of a case, either party may present any evidence bearing on the facts of the particular case, and may present testimony of witnesses either in person or by written witness statements. However, these statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearingarbitrationhearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 FORTY-EIGHT (48) HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raised. During the hearing, only panel members, alternate members of the Committee, the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the Committee, except for the designated panel hearing the case, shall not participate in the presentation, the discussion, or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two (2) individuals, and a co-co- presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one (1) of the co-co- presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimony, the panel members will be free to ask questions of the parties. After such questioning, the panel of the Committee will retire to executive session and will vote, and thereby render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel goes into executive session in order to decide the case, all others must retire from the room. After a decision has been reached by a majority vote of the panel, the decision shall be reduced in writing and provided to the parties in a manner agreed upon by the Committee.

Hearings. In the hearing of a case, either party may present any evidence bearing on the facts of the particular case, and may present testimony of witnesses either in person or by written witness statements. However, these statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, . HOWEVER, NO LATER THAN 48 FORTY-EIGHT (48) HOURS (EXCLUDING HOLIDAYS AND SATURDAYS/SUNDAYS) PRIOR TO THE SCHEDULED MEETING OF THE JOINT AREA COMMITTEE OR STATE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raised. During the hearing, only panel members, alternate members of the Joint Committee, the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the Joint Committee, except for the designated panel hearing the case, shall not participate in the presentation, the discussion, or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association Union will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be a co-presenter on the respective case. The number of co-presenters shall be limited to two (2) individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one (1) of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimony, the panel members will be free to ask questions of the parties. After such questioning, the panel of the Joint Area Committee will retire to executive session and will vote, and thereby render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel goes into executive session in order to decide the case, all others must retire from the room. After a decision has been reached by a majority vote of the panel, the decision shall be reduced in to writing and provided to the parties in a manner agreed upon by the Joint Area Committee.

Hearings. In Discharge or Suspension cases the Employer shall present its evidence and arguments first (1st) and in regular (non-discipline and contract interpretation) cases the moving party shall present its evidence and arguments first (1st). Arguments on the facts or the merits of the case shall only be argued by a full-time representative of the Employer or the Union. Neither party shall be allowed to have attorneys participate in hear- ings. In the hearing of a case, case either party may present any evidence bearing on the facts of the particular case, case and may present testimony of witnesses either in person or by written witness statements. However, these notarized statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to or by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raisedon letterhead. During the hearing, only panel Panel members, alternate members of the CommitteeCo-Chairs, the Arbitrator and the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the CommitteeCommittee shall be allowed to be present, except for but shall not intermingle with the group designated panel hearing the case, above and shall not participate in the presentation, the discussion, discussion or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimonycase, the panel members will be free to ask questions of the parties. After such questioningPanel, the panel of the Committee will retire to in executive session and will votesession, and thereby shall then render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel Panel goes into executive session in order to decide the case, all others must retire from the room. Each party will submit a written statement of all facts involved in each case at the time of the hearing. If such written statement is not submitted to the Panel at the time of the hearing, the case will not be heard. All evidence must be presented during the original presentation. After both parties have presented their case, there shall be a short period of rebuttal for each party. Rebuttal by either party must relate directly to factual evidence and arguments presented by the other party. During the rebuttal no new evidence will be allowed unless it relates directly to the evidence or testimony of the other party. During the rebuttal period, the presiding Chairman may call for an executive session if, in his opinion, the testimony or new evidence does not relate to testimony or evidence presented by the other party. Arguments on the case can be cut off, upon mutual agreement of the Co-Chairs, by the presiding Chairman after all factual information has been presented or either party becomes repetitious. Following the rebuttal period, questions may be asked of both parties only by members of the Panel or the arbitrator. No arguments between the opposing parties will be allowed. The presiding Chairman is responsible for limiting repetitious questions, statements or comments. Cross-examination shall only come through, or by, Panel members. After each party has presented its case, the Panel will go into an exec- utive session. When the Panel goes into executive session in order to decide the case, all others must retire from the room. The Panel shall then render its decision immediately following the executive session. The Panel will go into executive session and render a decision after each case has been reached presented. Only the decision will be recorded on the joint submission form. It will be signed and dated by a majority vote the two (2) co-chairpersons presiding over the case. The Panel will mail the decision in each case, or recall the parties for an announcement of the paneldecision. In cases involving a discharge of continuing liability, the decision shall be reduced in writing panel will promptly notify the Employer and provided to the parties in a manner agreed upon by Local Union of the Committeedecision.

Hearings. In Discharge or Suspension cases the Employer shall present its evidence and arguments first (1st) and in regular (non-discipline and contract interpretation) cases the moving party shall present its evidence and arguments first (1st). Arguments on the facts or the merits of the case shall only be ar­gued by a full-time representative of the Employer or the Union. Neither party shall be allowed to have attorneys participate in hear­ings. In the hearing of a case, case either party may present any evidence bearing on the facts of the particular case, case and may present testimony of witnesses wit­nesses either in person or by written witness statements. However, these notarized statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to or by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raisedon letterhead. During the hearing, only panel Panel members, alternate members of the CommitteeCo-Chairs, the Arbitrator and the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate area where the hearing is being conducted. Other members of the CommitteeCommittee shall be allowed to be present, except for the designated panel hearing the case, but shall not participate intermingle with the group designated above and shall not partic­ipate in the presentation, the discussion, discussion or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentation. After each party has presented its case and its official rebuttal testimonycase, the panel members will be free to ask questions of the parties. After such questioningPanel, the panel of the Committee will retire to in executive session and will votesession, and thereby shall then render its decision. Voting When the Panel goes into executive session in or­der to decide the case, all others must retire from the room. Each party will submit a written statement of all facts involved in each case at the time of the hearing. If such written statement is not submitted to the Panel at the time of the hearing, the case will not be heard. All evidence must be presented during the original presenta­tion. After both parties have presented their case, there shall be a short period of rebuttal for each party. Rebuttal by a show of hands either party must relate directly to factual evidence and arguments presented by the other party. During the rebuttal no new evidence will be deemed allowed un­less it relates directly to the evidence or testimony of the other party. During the rebuttal period, the presiding Chairman may call for an executive session if, in his opinion, the testimony or new evidence does not relate to testimony or evidence presented by the other party. Arguments on the case can be sufficientcut off, upon mutual agreement of the Co-Chairs, by the presiding Chairman after all factual informa­tion has been presented or either party becomes repetitious. Following the rebuttal period, questions may be asked of both parties only by members of the Panel or the arbitrator. No arguments between the opposing parties will be allowed. The presiding Chairman is re­sponsible for limiting repetitious questions, statements or comments. Cross-examination shall only come through, or by, Panel members. After each party has presented its case, the Panel will go into an exec­utive session. When the panel Panel goes into executive session in order to decide the case, all others must retire from the room. After The Panel shall then render its decision immediately following the executive session. The Panel will go into executive session and render a decision after each case has been reached presented. Only the decision will be recorded on the joint submission form. It will be signed and dated by a majority vote the two (2) co-chairpersons presiding over the case. The Panel will mail the decision in each case, or recall the parties for an announcement of the paneldecision. In cases involving a discharge of continuing liability, the decision shall be reduced in writing panel will promptly notify the Employer and provided to the parties in a manner agreed upon by Local Union of the Committeedecision.

Hearings. In Discharge or Suspension cases the Employer shall present its evidence and arguments first (1st) and in regular (non-dis- xxxxxxx and contract interpretation) cases the moving party shall present its evidence and arguments first (1st). Neither party shall be allowed to have attorneys participate in hearings. In the hearing of a case, case either party may present any evidence bearing on the facts of the particular case, case and may present testimony tes- xxxxxx of witnesses either in person or by written witness statements. However, these notarized state- ments or by statements must contain the following statement: "THE FOLLOWING STATEMENT IS BEING GIVEN BY ME FREELY AND WITHOUT COERCION FOR OFFICIAL COMMONWEALTH BUSINESS AND WILL BE CONSIDERED FOR ALL PURPOSES, INCLUDING ACTIONS UNDER THE STATUTES OF THIS COMMONWEALTH, JUST AS THOUGH IT HAD BEEN SWORN OR AFFIRMED BEFORE A COURT OF LAW OR FORMAL ARBITRATION PANEL." Unless otherwise agreed to by the parties in any specific case, these statements will not be admissible as direct testimony at any arbitration hearing. All evidence to be presented must be made known to the other party within a reasonable time prior to the hearing, HOWEVER, NO LATER THAN 48 HOURS PRIOR TO THE SCHEDULED MEETING OF THE COMMITTEE. THE FOLLOWING ARE THE ONLY PERMISSIBLE EXCEPTIONS: BARGAINING HISTORY, PRECEDENT SETTING ARBITRATION AWARDS, PRECEDENT SETTING SETTLEMENTS, COURT DECISIONS, AND LABOR BOARD DECISIONS. Failure to comply with this rule by either party, shall constitute grounds for the Committee to refuse to consider the evidence in question if an objection to its introduction is raisedon letterhead. During the hearing, only panel Panel members, alternate members of the CommitteeCo-Chairs, the Arbitrator and the parties presenting the case, and those directly involved in the specific case being heard, shall be allowed to sit in the immediate imme- diate area where the hearing is being conducted. Other members mem- bers of the CommitteeCommittee shall be allowed to be present, except for but shall not intermingle with the group designated panel hearing the case, above and shall not participate in the presentation, the discussion, discussion or the questioning. In discharge, involuntary demotion, suspension and reprimand cases, the Commonwealth must present its evidence first; in all other cases, the Association will present its evidence first. Each party shall declare, prior to the presentation of its case, whether there will be co-presenter on the respective case. The number of co-presenters shall be limited to two individuals, and a co-presenter shall only supplement the presentation of the case in chief. Both sides will have an opportunity to summarize and rebut, however, when co-presenters are used, only one of the co-presenters may respond during the Summation and Rebuttal portion of the presentationquestion- ing. After each party has presented its case and its official rebuttal testimonycase, the panel members will be free to ask questions of the parties. After such questioningPanel, the panel of the Committee will retire to in executive session and will votesession, and thereby shall then render its decision. Voting by a show of hands will be deemed to be sufficient. When the panel Panel goes into executive session in order to decide the case, all others must retire from the room. Each party will submit a written statement of all facts involved in each case at the time of the hearing. If such writ- ten statement is not submitted to the Panel at the time of the hearing, the case will not be heard. All evidence must be pre- sented during the original presentation. After both parties have presented their case, there shall be a short period of rebuttal for each party. Rebuttal by either party must relate directly to factual evidence and arguments presented by the other party. During the rebuttal no new evidence will be allowed unless it relates directly to the evidence or testimony of the other party. During the rebuttal period, the presiding Chairman may call for an executive session if, in his opinion, the testimony or new evidence does not relate to testimony or evidence presented by the other party. Arguments on the case can be cut off, upon mutual agreement of the Co-Chairs, by the presiding Chairman after all factual information has been presented or either party becomes repeti- tious. Following the rebuttal period, questions may be asked of both parties only by members of the Panel or the Arbitrator. No arguments between the opposing parties will be allowed. The presiding Chairman is responsible for limiting repetitious questions, statements or comments. Cross-examination shall only come through, or by, Panel members. After each party has presented its case, the Panel will go into an executive session. When the Panel goes into executive ses- sion in order to decide the case, all others must retire from the room. The Panel shall then render its decision immediately following the executive session. The Panel will go into executive session and render a decision after each case has been reached presented. Only the decision will be recorded on the joint submission form. It will be signed and dated by a majority vote the two co-chairpersons presiding over the case. The Panel will mail the decision in each case, or recall the parties for an announcement of the paneldecision. In cases involv- ing a discharge of continuing liability, the decision shall be reduced in writing panel will promptly notify the Employer and provided to the parties in a manner agreed upon by Local Union of the Committeedecision.