Common use of Section H. Documents and Witnesses Clause in Contracts

Section H. Documents and Witnesses. Upon written request, the Union shall receive all documents or records which the Employer intends to enter into evidence in the arbitration, in accordance with or not prohibited by law, and pertinent to the grievance under consideration. Discretion permitted under the Freedom of Information Act shall not be impaired by this Section. Documents requested under this Section shall be provided in a timely manner if the Employer intends to use such documents as evidence. Upon written request, the Employer shall be entitled to disclosure of all documents the Union intends to offer in arbitration. Failure by either party to disclose a document shall make it inadmissible in arbitration. At least ten (10) calendar days before a scheduled arbitration hearing, the parties shall provide to each other a written list of the witnesses each plans to call. If a witness list is not timely provided, the Employer shall release the requested witnesses subject to annual leave buy back. Witnesses which the Union intends to call will be relieved from duty. Nothing shall preclude the calling of previously unidentified witnesses. Employees required to testify will be made available without loss of pay subject to the timely provision of a witness list; however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have completed their testimony shall return promptly to work when their testimony is concluded unless they are required to assist the principal Union representative(s) in the conduct of the case. The intent of the parties is to minimize time lost from work. In the Department of Education only, up to one (1) employee who testifies on behalf of the Union during non-working hours, shall be granted equivalent time off from work during the beginning or end of the employee’s next regularly scheduled shift.

Section H. Documents and Witnesses. Upon written request, the Union shall receive all documents or records which the Employer intends to enter into evidence in the arbitration, in accordance with or not prohibited by law, and pertinent to the grievance under consideration. Discretion permitted under the Freedom of Information Act shall not be impaired by this Section. Documents requested under this Section shall be provided in a timely manner if the Employer intends to use such documents as evidence. Upon written request, the Employer shall be entitled to disclosure of all documents the Union intends to offer in arbitration. Failure by either party to disclose a document shall make it inadmissible in arbitration. At least ten (10) calendar days before a scheduled arbitration hearing, the parties shall provide to each other a written list of the witnesses each plans to call. If a witness list is not timely provided, the Employer shall release the requested witnesses subject to annual leave buy back. Witnesses which the Union intends to call will be relieved from duty. Nothing shall preclude the calling of previously unidentified witnesses. Employees required to testify will be made available without loss of pay subject to the timely provision of a witness list; however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have completed their testimony shall return promptly to work when their testimony is concluded unless they are required to assist the principal Union representative(s) in the conduct of the case. The intent of the parties is to minimize time lost from work. In the Department of Education only, up to one (1) employee who testifies on behalf of the Union during non-working hours, shall be granted equivalent time off from work during the beginning or end of the employee’s next regularly scheduled shift.