Mini-Arbitration Procedure. The parties agree to continue to participate in a pilot program of an expedited (mini) arbitration process. The pilot program shall continue for the duration of the agreement. A. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date shall be scheduled at least four (4) times in a fiscal year. The parties agree to meet within 45 days from the date the legislature ratifies this MOU to select four dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreement. B. Within 45 days of this Agreement’s ratification by the Legislature, the parties shall appoint a standing panel of four (4) arbitrators for the mini-arbitration process. Each party shall assign two arbitrators to the mini-arbitration panel. The arbitrators shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotation. C. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them: 1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties. 2. The parties shall attempt to prepare a written stipulation of undisputed facts prior to arbitration. The arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in dispute. 3. The presentation of each grievance shall include an opening statement, the submission of documentary and testimonial evidence, and a closing argument. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses per case unless by mutual stipulation, in which case, the parties may call additional witnesses. 4. The arbitrator shall make his/her decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. There shall be a stenographic record or transcripts of the hearings. 5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted. 6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever. 7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand. 8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearing. D. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s hearing. Each party shall pay one-half of the arbitrator’s charges.
Appears in 7 contracts
Samples: Master Agreement, Collective Bargaining Agreement, Master Agreement
Mini-Arbitration Procedure. The parties agree to continue to participate in a pilot program of an expedited (mini) arbitration process. The pilot program shall continue for the duration of the agreement.
A. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date shall be scheduled at least four (4) times in a fiscal year. The parties agree to meet within 45 forty-five (45) days from the date the legislature ratifies this MOU to select four (4) dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreement.
B. Within 45 forty-five (45) days of this Agreement’s ratification by the Legislature, the parties shall appoint a standing panel of four (4) arbitrators for the mini-arbitration process. Each party shall assign two (2) arbitrators to the mini-arbitration panel. The arbitrators shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotation.
C. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them:
1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties.
2. The parties shall attempt to prepare a written stipulation of undisputed facts prior to arbitration. The arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in dispute.
3. The presentation of each grievance shall include an opening statement, the submission of documentary and testimonial evidence, and a closing argument. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses per case unless by mutual stipulation, in which case, the parties may call additional witnesses.
4. The arbitrator shall make his/her decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. There shall be a stenographic record or transcripts of the hearings.
5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted.
6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever.
7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand.
8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearing.
D. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s hearing. Each party shall pay one-half of the arbitrator’s charges.ten
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Mini-Arbitration Procedure. The parties agree to continue to participate in a pilot program of an expedited (mini) arbitration process. The pilot program shall continue for the duration of the agreement.
A. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date shall be scheduled at least four (4) times in a fiscal year. The parties agree to meet within 45 days from the date the legislature ratifies this MOU to select four dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreement.
B. Within 45 days of this Agreement’s ratification by the Legislature, the parties shall appoint a standing panel of four (4) arbitrators for the mini-arbitration process. Each party shall assign two arbitrators to the mini-mini- arbitration panel. The arbitrators shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotation.
C. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them:
1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties.
2. The parties shall attempt to prepare a written stipulation of undisputed facts prior to arbitration. The arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in dispute.
3. The presentation of each grievance shall include an opening statement, the submission of documentary and testimonial evidence, and a closing argument. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses per case unless by mutual stipulation, in which case, the parties may call additional witnesses.
4. The arbitrator shall make his/her decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. There shall be a stenographic record or transcripts of the hearings.
5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted.
6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever.
7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand.
8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearing.
D. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s hearing. Each party shall pay one-half of the arbitrator’s charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Mini-Arbitration Procedure. The parties agree to continue to participate in a pilot program of an expedited (mini) arbitration process. The pilot program shall begin ninety (90) days of reaching a tentative agreement and continue for one year, after which it shall terminate unless extended by mutual agreement. The parties shall meet after reaching a tentative agreement to determine the duration of the agreementprocedures necessary to implement this pilot program.
A. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date this process shall be scheduled used at least four (4) times in a fiscal year. The parties agree to meet within 45 days from during the date the legislature ratifies this MOU to select four dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreementpilot period.
B. Within 45 days of this Agreement’s ratification The arbitrator shall be mutually selected by the Legislatureparties; if the parties cannot agree upon an arbitrator, the parties shall appoint request the State Mediation and Conciliation service to furnish a standing panel list of four nine (49) arbitrators for the mini-arbitration process. Each party shall assign two arbitrators to the mini-arbitration panelarbitrators. The arbitrators parties shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotationalternately strike names until one arbitrator remains.
C. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them:
1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties.
2. The Prior to the arbitration, the parties shall attempt must mutually agree to prepare a written stipulation of undisputed facts prior the questions to arbitration. The be placed before the arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in disputeor the case will not proceed through this section.
3. The presentation of each grievance shall include an opening statementOnly the grievant, the submission of documentary and testimonial evidencehis/her Union representative, appropriate xxxxxxx, and a closing argumentone witness and no more than four (4) management representatives may appear at the hearing. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses spokespeople per case unless by mutual stipulation, in which case, the parties may call additional witnessesto make an oral presentation.
4. The arbitrator shall make his/her decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. Only the arbitrator may ask the other side questions and each side waives the right to cross-examine the other. There shall be a no stenographic record or transcripts of the hearingstranscripts.
5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted.
6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever.
7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand.
8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearing.
D. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s hearing. Each party shall pay one-one- half of the arbitrator’s charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Mini-Arbitration Procedure. The parties agree to continue to participate in a pilot program of an expedited (mini) arbitration process. The pilot program shall begin ninety (90) days of reaching a tentative agreement and continue for one year, after which it shall terminate unless extended by mutual agreement. The parties shall meet after reaching a tentative agreement to determine the duration of the agreementprocedures necessary to implement this pilot program.
A. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date this process shall be scheduled used at least four (4) times in a fiscal year. The parties agree to meet within 45 days from during the date the legislature ratifies this MOU to select four dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreementpilot period.
B. Within 45 days of this Agreement’s ratification The arbitrator shall be mutually selected by the Legislatureparties; if the parties cannot agree upon an arbitrator, the parties shall appoint request the State Mediation and Conciliation service to furnish a standing panel list of four nine (49) arbitrators for the mini-arbitration process. Each party shall assign two arbitrators to the mini-arbitration panelarbitrators. The arbitrators parties shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotationalternately strike names until one arbitrator remains.
C. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them:
1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties.
2. The Prior to the arbitration, the parties shall attempt must mutually agree to prepare a written stipulation of undisputed facts prior the questions to arbitration. The be placed before the arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in disputeor the case will not proceed through this section.
3. The presentation of each grievance shall include an opening statementOnly the grievant, the submission of documentary and testimonial evidencehis/her Union representative, appropriate xxxxxxx, and a closing argumentone witness and no more than four (4) management representatives may appear at the hearing. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses spokespeople per case unless by mutual stipulation, in which case, the parties may call additional witnessesto make an oral presentation.
4. The arbitrator shall make his/her decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. Only the arbitrator may ask the other side questions and each side waives the right to cross-examine the other. There shall be a no stenographic record or transcripts of the hearingstranscripts.
5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted.
6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever.
7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand.
8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearing.
D. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s hearing. Each party shall pay one-half of the arbitrator’s charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Mini-Arbitration Procedure. The parties agree to continue to participate in a pilot program of an expedited (mini) arbitration process. The pilot program shall begin ninety (90) days of reaching a tentative agreement and continue for one year, after which it shall terminate unless extended by mutual agreement. The parties shall meet after reaching a tentative agreement to determine the duration of the agreementprocedures necessary to implement this pilot program.
A. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date this process shall be scheduled used at least four (4) times in a fiscal year. The parties agree to meet within 45 days from during the date the legislature ratifies this MOU to select four dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreementpilot period.
B. Within 45 days of this Agreement’s ratification The arbitrator shall be mutually selected by the Legislatureparties; if the parties cannot agree upon an arbitrator, the parties shall appoint request the State Mediation and Conciliation service to furnish a standing panel list of four nine (49) arbitrators for the mini-arbitration process. Each party shall assign two arbitrators to the mini-arbitration panelarbitrators. The arbitrators parties shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotationalternately strike names until one arbitrator remains.
C. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them:
1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties.
2. The Prior to the arbitration, the parties shall attempt must mutually agree to prepare a written stipulation of undisputed facts prior the questions to arbitration. The be placed before the arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in disputeor the case will not proceed through this section.
3. The presentation of each grievance shall include an opening statementOnly the grievant, the submission of documentary and testimonial evidencehis/her Union representative, appropriate xxxxxxx, and a closing argumentone witness and no more than four (4) management representatives may appear at the hearing. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses spokespeople per case unless by mutual stipulation, in which case, the parties may call additional witnessesto make an oral presentation.
4. The arbitrator shall make his/her decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. Only the arbitrator may ask the other side questions and each side waives the right to cross-examine the other. There shall be a no stenographic record or transcripts of the hearingstranscripts.
5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted.
6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever.
7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand.
8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearing.
D. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s day‟s hearing. Each party shall pay one-one- half of the arbitrator’s arbitrator‟s charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Mini-Arbitration Procedure. The parties agree to continue to participate in a pilot program of an expedited (mini) arbitration process. The pilot program shall begin ninety (90) days of reaching a tentative agreement and continue for one year, after which it shall terminate unless extended by mutual agreement. The parties shall meet after reaching a tentative agreement to determine the duration of the agreementprocedures necessary to implement this pilot program.
A. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date this process shall be scheduled used at least four (4) times in a fiscal year. The parties agree to meet within 45 days from during the date the legislature ratifies this MOU to select four dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreementpilot period.
B. Within 45 days of this Agreement’s ratification The arbitrator shall be mutually selected by the Legislatureparties; if the parties cannot agree upon an arbitrator, the parties shall appoint request the State Mediation and Conciliation service to furnish a standing panel list of four nine (49) arbitrators for the mini-arbitration process. Each party shall assign two arbitrators to the mini-arbitration panelarbitrators. The arbitrators parties shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotationalternately strike names until one arbitrator remains.
C. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them:
1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties.
2. The Prior to the arbitration, the parties shall attempt must mutually agree to prepare a written stipulation of undisputed facts prior the questions to arbitration. The be placed before the arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in disputeor the case will not proceed through this section.
3. The presentation of each grievance shall include an opening statementOnly the grievant, the submission of documentary and testimonial evidencehis/her union representative, appropriate xxxxxxx, and a closing argumentone witness and no more than four (4) management representatives may appear at the hearing. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses spokespeople per case unless by mutual stipulation, in which case, the parties may call additional witnessesto make an oral presentation.
4. The arbitrator shall make his/her decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. Only the arbitrator may ask the other side questions and each side waives the right to cross-examine the other. There shall be a no stenographic record or transcripts of the hearingstranscripts.
5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted.
6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever.
7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand.
8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearing.
D. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s hearing. Each party shall pay one-one- half of the arbitrator’s charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Mini-Arbitration Procedure. The parties agree to continue to participate in a pilot program of an expedited (mini) arbitration process. The pilot program shall begin ninety (90) days of reaching a tentative agreement and continue for one year, after which it shall terminate unless extended by mutual agreement. The parties shall meet after reaching a tentative agreement to determine the duration of the agreementprocedures necessary to implement this pilot program.
A. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date this process shall be scheduled used at least four (4) times in a fiscal year. The parties agree to meet within 45 days from during the date the legislature ratifies this MOU to select four dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreementpilot period.
B. Within 45 days of this Agreement’s ratification The arbitrator shall be mutually selected by the Legislatureparties; if the parties cannot agree upon an arbitrator, the parties shall appoint request the State Mediation and Conciliation service to furnish a standing panel list of four nine (49) arbitrators for the mini-arbitration process. Each party shall assign two arbitrators to the mini-arbitration panelarbitrators. The arbitrators parties shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotationalternately strike names until one arbitrator remains.
C. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them:
1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties.
2. The Prior to the arbitration, the parties shall attempt must mutually agree to prepare a written stipulation of undisputed facts prior the questions to arbitration. The be placed before the arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in disputeor the case will not proceed through this section.
3. The presentation of each grievance shall include an opening statementOnly the grievant, the submission of documentary and testimonial evidencehis/her Union representative, appropriate xxxxxxx, and a closing argumentone witness and no more than four (4) management representatives may appear at the hearing. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses spokespeople per case unless by mutual stipulation, in which case, the parties may call additional witnessesto make an oral presentation.
4. The arbitrator shall make his/her decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. Only the arbitrator may ask the other side questions and each side waives the right to cross-examine the other. There shall be a no stenographic record or transcripts of the hearingstranscripts.
5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted.
6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever.
7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand.
8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearinghear.
D. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s hearing. Each party shall pay one-one- half of the arbitrator’s charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Mini-Arbitration Procedure. The parties agree to continue to participate in a pilot program of an expedited (mini) arbitration process. The pilot program shall begin ninety (90) days of reaching a tentative agreement and continue for one year, after which it shall terminate unless extended by mutual agreement. The parties shall meet after reaching a tentative agreement to determine the duration of the agreementprocedures necessary to implement this pilot program.
A. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date this process shall be scheduled used at least four (4) times in a fiscal year. The parties agree to meet within 45 days from during the date the legislature ratifies this MOU to select four dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreementpilot period.
B. Within 45 days of this Agreement’s ratification The arbitrator shall be mutually selected by the Legislatureparties; if the parties cannot agree upon an arbitrator, the parties shall appoint request the State Mediation and Conciliation Service to furnish a standing panel list of four nine (49) arbitrators for the mini-arbitration process. Each party shall assign two arbitrators to the mini-arbitration panelarbitrators. The arbitrators parties shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotationalternately strike names until one arbitrator remains.
C. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them:
1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties.
2. The Prior to the arbitration, the parties shall attempt must mutually agree to prepare a written stipulation of undisputed facts prior the questions to arbitration. The be placed before the arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in disputeor the case will not proceed through this section.
3. The presentation of each grievance shall include an opening statementOnly the grievant, the submission of documentary and testimonial evidencehis/her Union representative, appropriate xxxxxxx, and a closing argumentone witness and no more than four (4) management representatives may appear at the hearing. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses spokespeople per case unless by mutual stipulation, in which case, the parties may call additional witnessesto make an oral presentation.
4. The arbitrator shall make his/her decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. Only the arbitrator may ask the other side questions and each side waives the right to cross-examine the other. There shall be a no stenographic record or transcripts of the hearingstranscripts.
5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted.
6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever.
7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand.
8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearing.
D. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s hearing. Each party shall pay one-half of the arbitrator’s charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
