Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed: (a) Exclusion of evidence; (b) Continuing the hearing at any stage; or (c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.
Appears in 21 contracts
Samples: Collective Bargaining Agreement, Memorandum of Understanding, Collective Bargaining Agreement
Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(a) Exclusion of evidence;
(b) Continuing the hearing at any stage; or
(c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying non-complying party.
Appears in 12 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-non- compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(a) Exclusion of evidence;
(b) Continuing the hearing at any stage; or
(c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-non- complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(a) Exclusion of evidence;
(b) Continuing the hearing at any stage; or
(c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsectionSubsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(a) Exclusion of evidence;
(b) Continuing the hearing at any stage; or
(c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-non- complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(a) A. Exclusion of evidence;
(b) B. Continuing the hearing at any stage; or
(c) C. Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying non-complying party.
Appears in 1 contract
Samples: Collective Bargaining Agreement
