Arbitration Hearing Procedures Clause Samples
The Arbitration Hearing Procedures clause outlines the specific rules and processes that govern how an arbitration hearing is conducted. It typically details aspects such as the order of proceedings, the presentation of evidence, the rights of both parties to present their case, and the role of the arbitrator in managing the hearing. For example, it may specify time limits for arguments, procedures for submitting documents, or protocols for witness testimony. The core function of this clause is to ensure that arbitration hearings are conducted in a fair, orderly, and efficient manner, thereby reducing ambiguity and potential disputes over procedural matters.
Arbitration Hearing Procedures. 1. Hearings shall be conducted in person, absent mutual agreement of the parties to hold the hearing at an alternate location or videoconference, and shall be held at an FAA or any other mutually agreeable facility within or closest to the commuting area of the grievant.
2. The grievant and/or the Union representative, if an employee of the FAA, shall be given a reasonable amount of excused absence or official time, as appropriate, to present the grievance if otherwise in a duty status.
3. The Parties will exchange witness lists in a timely manner so the Agency will have sufficient time to release employees without unduly impacting the staffing and workload needs.
4. If either Party identifies an additional witness after the witness lists have been exchanged, they shall notify the other Party of the proposed witness as soon as practicable.
5. The Parties are encouraged to agree on joint exhibits and exchange other evidence they intend to submit into the record, prior to the hearing. A Party is not precluded from introducing additional evidence during the hearing that has not been exchanged with the other Party.
6. FAA employees who are called as witnesses shall be in a duty status if otherwise in a duty status, including reasonable travel time. The Agency will make every reasonable effort to release employees called as witnesses and upon request, adjust their schedules to allow them to travel and participate in the hearing in a duty status.
7. Each Party shall bear the expense of its own witnesses.
8. The Parties may, by mutual agreement, stipulate to the facts and issue(s) in a grievance and directly submit to an arbitrator for a decision without a formal hearing. Arguments will be by written brief.
9. Questions regarding substantive and procedural arbitrability, including whether a grievance is withdrawn, shall be submitted to the arbitrator for decision at the same time the case is submitted to the arbitrator, unless otherwise ordered by the arbitrator prior to the scheduled hearing date or agreed to by the Parties.
10. The arbitrator shall confine themselves to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issues not so submitted to them.
11. In disciplinary cases, the arbitrator may vary the penalty to conform to their decision provided it is consistent with law, this Agreement, and FAA Personnel Management System (PMS).
12. The arbitrator shall submit their decision to the Agency and Union advocates...
Arbitration Hearing Procedures