Common use of Rules for Hearings Clause in Contracts

Rules for Hearings. a. The parties agree that the prompt resolution of cases brought to arbitration is of the highest importance. Therefore, except as provided in Paragraph 8(b) below, arbitration hearings shall be heard in accordance with the following rules: (1) the hearing shall be informal; (2) no briefs shall be filed or transcripts made; (3) there shall be no formal evidence rules; (4) the arbitrator shall have the obligation of assuring that the hearing is, in all respects, fair; (5) the arbitrator shall issue a decision no later than two (2) days after conclusion of the hearing. The decision shall include a brief written explanation of the basis for the conclusion; and (6) the Board shall adopt such other rules as it deems necessary. b. In the event the Union or the Company believes that the issues involved are of meaningful precedential significance or great complexity, it may petition the arbitrator to allow the filing of briefs as follows: (1) the moving party will notify the other party that it intends to so argue at least seventy-two (72) hours prior to the start of the hearing; (2) the hearing shall begin with the arbitrator taking no more than fifteen (15) minutes of testimony from each side on that issue; (3) the arbitrator shall rule from the bench on the issue of whether briefs may be filed and the hearing on the case shall commence immediately thereafter; and (4) if the arbitrator rules that briefs are to be allowed, then briefs shall, without exception, be due within thirty (30) days of the close of the hearing and the arbitrator’s decision shall be rendered within thirty

Appears in 9 contracts

Samples: Collective Bargaining Agreement, Basic Labor Agreement, Basic Labor Agreement

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Rules for Hearings. a. 7.3.1 The parties agree that the prompt resolution of cases brought to arbitration is of the highest importance. Therefore, except as provided in Paragraph 8(b) below, arbitration hearings shall be heard in accordance with the following rules: (1) 7.3.1.1 the hearing shall be informal; (2) 7.3.1.2 no briefs shall be filed or transcripts made; (3) 7.3.1.3 there shall be no formal evidence rules; (4) 7.3.1.4 the arbitrator shall have the obligation of assuring that the hearing is, in all respects, fair; (5) 7.3.1.5 the arbitrator shall issue a decision no later than two (2) days after conclusion of the hearing. The decision shall include a brief written explanation of the basis for the conclusion; and (6) 7.3.1.6 the Board shall adopt such other rules as it deems necessary. b. a. In the event the Union or the Company believes that the issues involved are of meaningful precedential significance or great complexity, it may petition the arbitrator to allow the filing of briefs as follows: (1) b. the moving party will notify the other party that it intends to so argue at least seventy-two (72) hours prior to the start of the hearing; (2) c. the hearing shall begin with the arbitrator taking no more than fifteen (15) minutes of testimony from each side on that issue; (3) d. the arbitrator shall rule from the bench on the issue of whether briefs may be filed and the hearing on the case shall commence immediately thereafter; and (4) and e if the arbitrator rules that briefs are to be allowed, then briefs shall, without exception, be due within thirty (30) days of the close of the hearing and the arbitrator’s decision shall be rendered within thirtythirty (30) days thereafter. 7.3.1.7 The Company agrees that it shall not, in an arbitration proceeding subpoena or call as a witness any bargaining unit Employee or retiree. The Union agrees not to subpoena or call as a witness in such proceedings any non-bargaining unit employee or retiree.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Rules for Hearings. a. The parties agree that the prompt resolution of cases brought to arbitration is of the highest importance. Therefore, except as provided in Paragraph 8(b) below, arbitration hearings shall be heard in accordance with w ith the following rules: (1) the hearing shall be informal; (2) no briefs shall be filed or transcripts made; (3) there shall be no formal evidence rules; (4) the arbitrator shall have the obligation of assuring that the hearing is, in all respects, fairf air; (5) the arbitrator shall issue a decision no later than two (2) days after conclusion of the hearing. The decision shall include a brief written explanation of the basis for the conclusion; and (6) the Board shall adopt such other rules as it deems necessarynec xxxxxx. b. In the event the Union or the Company believes that the issues involved are of meaningful precedential significance or great complexity, it may petition the arbitrator to allow the filing of briefs as follows: (1) the moving party will notify the other party that it intends to so argue at least seventy-two seventy -two (72) hours prior to the start of the hearing; (2) the hearing shall begin with the arbitrator taking no more than fifteen (15) minutes of testimony from each side on that issue; (3) the arbitrator ar bitrator shall rule from the bench on the issue of whether briefs may be filed and the hearing on the case shall commence immediately thereafter; and (4) if the arbitrator rules that briefs are to be allowed, then briefs shall, without exception, be due within w ithin thirty (30) days of the close of the hearing and the arbitrator’s decision shall be rendered within thirtythirty (30) days thereafter. c. The Company agrees that it shall not, in an arbitration proceeding or subpoena, call as a witness any bargaining unit Employee or retiree. The Union agrees not to subpoena or call as a witness in such proceedings any non -bargaining unit employee or retiree.

Appears in 1 contract

Samples: Basic Labor Agreement

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Rules for Hearings. a. The parties agree that the prompt resolution of cases brought to arbitration is of the highest importance. Therefore, except as provided in Paragraph 8(b) below, arbitration hearings shall be heard in accordance with the following rules: (1) the hearing shall be informal; (2) no briefs shall be filed or transcripts made; (3) there shall be no formal evidence rules; (4) the arbitrator shall have the obligation of assuring that the hearing is, in all respects, fair; (5) the arbitrator shall issue a decision no later than two (2) days after conclusion of the hearing. The decision shall include a brief written explanation of the basis for the conclusion; and (6) the Board shall adopt such other rules as it deems necessary. b. In the event the Union or the Company believes that the issues involved are of meaningful precedential significance or great complexity, it may petition the arbitrator to allow the filing of briefs as follows: (1) the moving party will notify the other party that it intends to so argue at least seventy-two (72) hours prior to the start of the hearing; (2) the hearing shall begin with the arbitrator taking no more than fifteen (15) minutes of testimony from each side on that issue; (3) the arbitrator shall rule from the bench on the issue of whether briefs may be filed and the hearing on the case shall commence immediately thereafter; and (4) if the arbitrator rules that briefs are to be allowed, then briefs shall, without exception, be due within thirty (30) days of the close of the hearing and the arbitrator’s decision shall be rendered within thirtythirty (30) days thereafter. c. The Company agrees that it shall not, in an arbitration proceeding subpoena or call as a witness any bargaining unit Employee or retiree. The Union agrees not to subpoena or call as a witness in such proceedings any non- bargaining unit employee or retiree.

Appears in 1 contract

Samples: Basic Labor Agreement

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