Common use of Witnesses and Expenses Clause in Contracts

Witnesses and Expenses. A. The following expenses shall be shared equally by the parties: arbitrator's fees and expenses and the cost of the hearing transcript. Each party will bear its own attorney's fees and costs; provided that: 1. Should the arbitrator find that grievance upon which s/he rules is specious, s/he may in fact award the "prevailing party" (singularly) "reasonable attorney's fees" as defined in section 2 below. 2. Should the matter proceed to court, the court shall have the discretionary authority to grant attorney's fees, including the costs of the arbitration proceedings (but not the grievance proceedings). A reasonable attorney's fee for the City shall be eighty five dollars ($85.00) per hour, and for the employee, shall not exceed the actual rate agreed and charged, not to exceed one hundred dollars ($100.00) per hour. B. The City shall compensate all witnesses called by either party at their straight-time rate; provided, however: 1. The witness called is scheduled for duty when called to appear. 2. The individual's identity and a brief statement as to the relevancy of her/his expected testimony has been provided the City five (5) days in advance of the hearing. Any witness called by the Union and/or the grievant who has not been identified and/or who is not scheduled for duty shall be due no compensation or administrative leave from the City. C. Witnesses shall be scheduled by agreement between the parties so as not to unduly interrupt the mission of the Department. The arbitrator shall have the authority, based upon the summary statement of the witnesses, to determine whether or not the testimony of the witness is required or is merely duplicitous or cumulative, then the City shall have no obligation to pay for the witness' appearance. D. The grievant shall not be compensated for time spent at the hearing and/or in preparation thereof, nor shall s/he be entitled to administrative leave for any such time.

Witnesses and Expenses. A. The following expenses shall be shared equally by the parties: arbitrator's fees and expenses and the cost of the hearing transcript. Each party will bear its own attorney's fees and costs; provided that: 1. Should the arbitrator find that grievance upon which s/he rules is specious, s/he may in fact award the "prevailing party" (singularly) "reasonable attorney's fees" as defined in section 2 below. 2. Should the matter proceed to court, the court shall have the discretionary authority to grant attorney's fees, including the costs of the arbitration proceedings (but not the grievance proceedings). A reasonable attorney's fee for the City shall be eighty five dollars ($85.00) 85.00 per hour, and for the employee, shall not exceed the actual rate agreed and charged, not to exceed one hundred dollars ($100.00) 100.00 per hour. B. The City shall compensate all witnesses called by either party at their straight-time rate; provided, however: 1. The witness called is scheduled for duty when called to appear.: 2. The individual's identity and a brief statement as to the relevancy of her/his expected testimony has been provided the City five (5) days in advance of the hearing. Any witness called by the Union and/or the grievant who has not been identified and/or who is not scheduled for duty shall be due no compensation or administrative leave from the City. C. Witnesses shall be scheduled by agreement between the parties so as not to unduly interrupt the mission of the Department. The arbitrator shall have the authority, based upon the summary statement of the witnesses, to determine whether or not the testimony of the witness is required or is merely duplicitous or cumulative, then the City shall have no obligation to pay for the witness' appearance. D. The grievant shall not be compensated for time spent at the hearing and/or in preparation thereof, nor shall s/he be entitled to administrative leave for any such time.