Common use of TIMING AND CONDUCT OF HEARING Clause in Contracts

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee shall be represented by the Union and counsel chosen by the Union. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. The appointing authority may also be represented by counsel. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. f. Oral evidence shall be taken only on oath or affirmation. g. A court reporter shall take a transcript of the hearing. h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee shall be represented by the Union UPEC, and counsel chosen by the Union.by c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. The appointing authority may also be represented by counsel. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. f. Oral evidence shall be taken only on oath or affirmation. g. A court reporter shall take a transcript of the hearing. h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee shall be represented by the Union Union, and counsel chosen by the Union. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. The appointing authority may also be represented by counsel. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. f. Oral evidence shall be taken only on oath or affirmation. g. A court reporter shall take a transcript of the hearing. h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may shall be a private or public hearing as determined by the employeehearing. b. The employee shall who is subject to disciplinary action may be represented by the Union and counsel chosen by the Unionrepresentative of his/her choice. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. The appointing authority may also be represented by counsel. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. f. Oral evidence shall be taken only on oath or affirmation. g. A court reporter shall take a transcript of the hearing. h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. 20.12.1 The employee shall who is subject to disciplinary action may be represented by the Union and counsel chosen by the Unionrepresentative of their choice. c. 20.12.2 The employee shall be entitled to appear personally at the hearing and produce evidence. d. 20.12.3 The appointing authority may also be represented by counsel. e. 20.12.4 At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. f. 20.12.5 Oral evidence shall be taken only on oath or affirmation. g. 20.12.6 A court reporter shall take a transcript of the hearing. h. 20.12.7 The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee shall be represented by the Union Association and counsel chosen by the UnionAssociation. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. The appointing authority may also be represented by counsel. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. f. Oral evidence shall be taken only on oath or affirmation. g. A court reporter shall take a transcript of the hearing. h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee shall be represented by the Union SCAPA, and counsel chosen by the UnionSCAPA. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. The appointing authority may also be represented by counsel. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. f. Oral evidence shall be taken only on oath or affirmation. g. A court reporter shall take a transcript of the hearing. h. The arbitrator may consider the records or any relevant and admissible prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee shall be represented by the Union and counsel chosen by the Union. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. The appointing authority may also be represented by counsel. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. f. Oral evidence shall be taken only on oath or affirmation. g. . g- A court reporter shall take a transcript of the hearing. h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.

Appears in 1 contract

Samples: Memorandum of Understanding

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