Procedure Guidelines a) The Opening Statement: This should basically set out the case from each party's perspective. The arbitrator will aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not.
b) The Hearing: Sufficient witnesses should be called to ensure the "story" is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify.
Procedure Guidelines. The Opening Statement: This should basically set out the case from each party’s perspective. The arbitrator will aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not. The parties or their representatives will try to get an agreed statement of facts for presentation to the arbitrator. The Hearing: Sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify. The Arguments: As agreed, the parties will not cite legal precedents, but may refer to Xxxxx & Beatty, Palmer, or other legal research materials. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by the representatives to ensure that all relevant clauses are put before the arbitrator. General rules of evidence will be waived except for the rule of “onus.”
Procedure Guidelines. (a) The Opening Statement: This should basically set out the case from each Party's perspective. The arbitrator will aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not.
(b) The Hearing: Sufficient witnesses should be called to ensure the "story" is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify.
Procedure Guidelines i) The Opening Statement: This should basically set out the case from each party’s perspective. The Arbitrator will aggressively seek, at this point, to define the issue and to determine what evidence is agreed to and what is not.
ii) The Hearing: Sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify.
iii) The Argument: As agreed, the parties will not cite legal precedents but may refer to Xxxxx and Beatty, Palmer, etc. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by counsel to ensure that all relevant clauses are put before the Arbitrator.
iv) Mediation: Counsel must accept some responsibility at this stage to assist the Arbitrator in assessing the evidence before the Arbitrator. Specifically, if counsel can assist in assessing credibility and/or contradictory evidence, they should do so.
Procedure Guidelines a. Teachers interested in establishing, continuing or terminating a Job Share position shall so notify the Principal and Human Resources by March 31. Teachers have until June 30 to secure a Job Share partner.
b. Subsequent to the notice given in Article C.26.3.a, teachers proposing to Job Share shall submit a Job Share proposal to Human Resources and the Principal in whose school the Job Sharing position would exist.
c. Proposals for a Job Share position may be made only by continuing appointment teachers presently employed by the Board or by teachers on the Recall List.
d. The commencement or continuation of the Job Sharing assignment shall be subject to the approval of both the Principal and Human Resources annually.
e. For the purpose of staffing, both teachers in a Job Share will be considered members of the teaching staff.
f. Teachers wishing to terminate Job Sharing shall do so only at the end of the school year. Teachers should not enter into a Job Sharing assignment if it is known that they cannot continue for the school year. However if one teacher is unable to continue to the end of the year, or needs a leave of absence for a portion of the year, then the other may be asked to take over the full position. If such an arrangement is not possible then the Board shall fill the vacancy pursuant to Article E.23 (Posting and Filling Vacant Positions).
g. When the Job Sharing arrangement is terminated, the partner with the greatest seniority shall retain the position. Both partners shall be entitled to a comparable full time assignment at the same school, effective the beginning of the next school year.
Procedure Guidelines. The Opening Statement: This should basically set out the case from each party’s perspective. The arbitrator will aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not. The Parties, or their representatives, will try to get an agreed statement of facts for presentation to the arbitrator. The Hearing: Sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify. The Arguments: As agreed, the parties will not cite legal precedents, but may refer to Xxxxx & Beatty, Palmer, etc. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by the representatives to ensure that all relevant clauses are put before the arbitrator. General rules of evidence will be waived except for the rule of “onus”. Mediation: Representatives must accept some responsibility at this state to assist the arbitrator in assessing the evidence before him/her. Specifically, if the representatives can assist in assessing credibility and/or contradictory evidence, they should do so.
Procedure Guidelines. (a) The Opening Statement: This should briefly but clearly, set out the case from each party’s perspective. The arbitrator will seek to define the matter in dispute, including disputes with respect to evidence.
(b) Mediation: Representatives from the parties will accept responsibility at this stage to assist the arbitrator in assessing the evidence and suggesting weight in matters of contradictory evidence or credibility issues. These discussions are without prejudice should the parties continue in a hearing.
(c) The Hearing: In the event a hearing is necessary, witnesses should be kept to a minimum but sufficient to illustrate the key elements of the grievance, including any conflicting evidence.
Procedure Guidelines. Document tabled • Presentation of Case Management Document • General rules of evidence are not strictly applied, except rules of “onus” • Parties must discuss evidence prior to hearing , in order to expedite the hearing • Arbitrator may propose a possible resolution to the parties prior to issuing an award • The decision of the Arbitrator will be final and binding on the parties • The parties will equally share the cost, fees, cancelation and expenses of the Arbitrator • The grievance may be removed from the Case Management Process at any time prior to the hearing Upon the parties’ principals signing this Letter of Understanding, it is agreed to that Xxxx Xxxxxxx Q.C – Xxxx Xxxxxxx Legal Professional Corporation will be the Arbitrator from the date of signing, and therefore will be Chair of Arbitration for the first one (1) year period in accordance to Article 1 of this Agreement.
Procedure Guidelines. (a) The Opening Statement: This should briefly but clearly, set out the case from each party’s perspective. The arbitrator will seek to define the matter in dispute, including disputes with respect to evidence. discussions are without prejudice should the parties continue in a hearing.
Procedure Guidelines. 1. The grievant has the right to request assistance and representation of the Faculty Association by notifying the Association President of his/her intent to file a grievance.
2. A Faculty Association representative has the right to be present and to assist in the resolution of the grievance at each step of the procedure. The administrator is entitled to have the assistance of another administrator in the grievance process.
3. The grievant and the other parties directly involved (hereinafter called the “parties”) will be paid their regular rate of pay for time scheduled by management during their regularly scheduled working hours for resolving the grievance.
4. The parties will notify their supervisors for approval when it is necessary for them to be away from their work in connection with any processing of the grievance.
5. Time limits may be reduced or extended by mutual agreement.
6. The power, function, and content of Board prerogatives, policies and College regulations will not be subject to grievance and/or arbitration, except for those delegated, granted, or modified in this Agreement.
7. The Association may file a formal grievance on behalf of its membership at any time.
