Pre-Hearing Procedures. 3.1. Within fifteen days of the appointment of the Neutral Arbitrator, the Panel may convene a Pre-Hearing Conference to, inter alia, familiarize the Neutral Arbitrator with the nature of the Dispute between the Parties, determine the need for and the nature of discovery and establish a procedural schedule for the further conduct of the Proceeding.
Pre-Hearing Procedures. 22.4.3.1 The unit member may demand a hearing before the Governing Board not later than seven (7) days after the Governing Board imposes the discipline based on the Superintendent/Designee’s recommended action. Failure to demand a hearing, or to appear at the hearing without good cause, shall constitute a waiver of the right to a hearing and to challenge the recommended disciplinary action.
22.4.3.2 The hearing shall normally be commenced within thirty (30) days after receipt of the request for hearing, subject to the availability of the Board or its designee, or as otherwise agreed to by the employee and the District administration.
22.4.3.3 An employee who timely demands a hearing shall be given written notice of the time, date, and place of hearing. This notice shall be served on the employee by certified mail or personal service.
Pre-Hearing Procedures. (a) Upon completion of the foregoing steps in Section 1.6 above, the Arbitrator will call a meeting of the Parties (the “Preliminary Meeting”). At the Preliminary Meeting, the Arbitrator will do the following:
(i) review the issues raised in the proceedings;
(ii) determine, if possible, whether there are any matters which should be addressed on motion prior to the Hearing (as defined in Section 2.6 below);
(iii) determine whether the date and time selected for the Hearing allows sufficient time for all Parties to present their case fully and fairly to the Arbitrator;
(iv) if no date and time for the Hearing has been selected, determine such date and time; and
(v) address any other issues relevant to the process and scheduling of the Hearing.
(b) After hearing submissions on all of the above-noted matters, the Arbitrator will:
(i) set a schedule with time lines, identifying steps to be taken prior to the Hearing and the dates by when such steps must be completed;
(ii) if appropriate set a new date for the Hearing to take place, confirm his direction in this regard in writing, and serve it on all Parties within five (5) calendar days of the Preliminary Meeting; and
(iii) make any other order that may assist in the just and most expeditious disposition of the proceeding.
(c) In making any award or directions on the above-noted matters, the Arbitrator will take into account that the Parties intend that the Arbitration be completed as expeditiously as possible, while affording all Parties sufficient opportunity to present their respective positions fully and fairly.
Pre-Hearing Procedures. B. 1. a. An individual who intends to file a grievance under this procedure must so notify the Office of Academic Labor Relations in writing within 30 working days of the date on which the AAUP-AFT receives from the University written notice of the negative personnel action, as set forth in Article XIV.7.
B. 1. b. Within 60 working days, for candidates for reappointment or tenure, and 90 working days for candidates for promotion to Professor or Professor II, of the date of receipt of the letter of intent to file, as specified in a. above, the grievance statement, as defined in A.3. above, shall be filed with the Office of Academic Labor Relations according to the rules specified below. Such grievances shall be logged in as to date of receipt and a copy forwarded within one working day to the AAUP-AFT and to the Reviewing Officer.
B. 1. c. Such grievances shall be reviewed by the Reviewing Officer who shall determine if the grievance filing complies with Section A.1. above and Section H. below. The Reviewing Officer shall not address the substance of the grievance. He/she shall confine his/her review to two questions:
Pre-Hearing Procedures. A hearing summary shall be prepared containing pertinent information detailing the specific action that is the basis for the appeal. The summary shall be forwarded to the appellant or the appellant’s authorized representative and to the Office of Administrative Hearings at least 6 days before the hearing date.
Pre-Hearing Procedures. No later than five (5) calendar days prior to the hearing date, each party will submit the following three items to the Arbitrator (with a complete copy to the other party):
Pre-Hearing Procedures. B. 1. a. An individual who intends to file a grievance under this procedure must so notify the Office of Academic Labor Relations in writing within 30 working days of the date on which the AAUP-AFT receives from the University written notice of the negative personnel action, as set forth in Article XIV.7.
Pre-Hearing Procedures. (a) Unless the Parties agree otherwise, a preliminary conference with the arbitrator will be held within thirty days after selection of the arbitrator, to assist the arbitrator in establishing procedures, setting the hearing date (which shall be the earliest date which is reasonable under the circumstances) and for other purposes necessary for the efficient and expedient disposition of the proceedings.
(b) The Parties intend that there be a good faith exchange of relevant information (written and documentary), without duplicating the costly, time-consuming and burdensome procedures available in civil litigation. The Parties will promptly (if and as designated by the arbitrator) designate and exchange the names and addressed of all witnesses who may be called at the arbitration hearing; a brief statement of the expected testimony of each witness; and lists and copies of exhibits that may be presented at the hearing. A witness may be designated as a fact witness, an expert witness, or both.
(c) Each Party may submit to the other Party one set of requests for production of relevant documents, one set of interrogatories containing not more than fifteen questions (including subparts) soliciting relevant information, and one set of requests for admission containing not more than ten requests (which shall be deemed admitted if not denied). The arbitrator shall set the time period in which the Parties must respond to the requests for production, interrogatories and requests for admission. Each Party may depose up to three individuals. The time limit for each deposition will be eight hours. The arbitrator may allow additional time if he deems it appropriate. Each deposition will be held at a location convenient for the deponent. The arbitrator may subpoena persons designated as witnesses, representatives of the Parties, and persons with information relevant to the dispute to appear for oral deposition.
(d) The arbitrator will establish a procedure to resolve discovery disputes and rule on dispositive motions promptly and efficiently. The procedure may include presenting motions by letter, as opposed to formal pleadings, and resolution by telephone conferences.
(e) The arbitrator may impose sanctions that he deems appropriate (including, but not limited to, awarding costs and attorneys' fees) for a Party's failure to identify witnesses and the substance of their testimonies, to provide copies of exhibits, or to respond timely and in good faith to discover requests.
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Pre-Hearing Procedures. A. These procedures apply to all arbitrations under this article (i.e., conventional or expedited) except as otherwise specifically noted.
B. No later than 5:00 pm, five (5) workdays prior to the arbitration, the parties will identify and exchange their statement of the issue(s) and documents they intend to introduce into evidence as well as their list of witnesses. The list of witnesses shall include a brief (one or two sentences) summary of each witness' expected testimony. In addition, the parties should discuss any potential time constraints the witnesses, advocates, or others may have with regard to the hearing. Rebuttal witnesses and rebuttal evidence not previously identified may be presented to the arbitrator. The arbitrator has the authority to determine whether that information should have been previously identified and, if so, whether it shall be allowed into evidence and/or whether the other party shall be permitted a delay to present surrebuttal evidence.
C. If one of the parties intends to object to a proposed witness or document that party may initiate a conference call with the arbitrator at least three workdays prior to the hearing to seek a ruling on the contested witnesses and/or evidence.
D. The parties will attempt to reach agreement on joint exhibits.
E. The above exchanges may be done in person or through email.
Pre-Hearing Procedures. B. 1. a. An individual who intends to file a grievance under this procedure must so notify the Office of University Labor Relations in writing within 30 working days of the date on which the AAUP-AFT receives from the University written notice of the negative personnel action, as set forth in Article 14.A. A notice of intent to file a grievance is not considered a grievance.
B. 1. b. Within 60 working days, for candidates for reappointment or tenure, and 90 working days for candidates for promotion to Professor or Distinguished Professor, of the date of receipt of the letter of intent to file, as specified in a. above, the grievance statement, as defined in A.3. above, shall be filed with the Office of University Labor Relations according to the rules specified below. Such grievances shall be logged in as to date of receipt and a copy forwarded within one working day to the AAUP-AFT and to the Reviewing Officer.
