Common use of Arbitration Proceeding Clause in Contracts

Arbitration Proceeding. 1. The parties will attempt to agree on a location for the arbitration hearing. 2. The arbitration hearing shall be closed to anyone other than the participants in the arbitration hearing, unless the parties otherwise agree in writing. 3. The arbitration hearing shall provide an opportunity for Teamsters Local 2010 and the University to examine and cross-examine witnesses under oath or affirmation, and to submit relevant evidence. 4. Settlement offers made any time during the Grievance and/or Arbitration Procedures shall not be introduced as evidence in the arbitration hearing. 5. Either or both parties may, at their discretion, file briefs with the arbitrator. The order and time limits of briefing shall, on a case-by-case basis, be as agreed upon by the parties or as specified by the arbitrator. Briefing time limits shall be extended by the Arbitrator upon the agreement of both parties. 6. The arbitrator shall consider the evidence presented and render a written decision within 30 calendar days of the close of the record of the hearing. 7. In all cases appealed to arbitration pursuant to the terms of this Article and this Agreement, Teamsters Local 2010 has the burden of initiating the steps in the procedure. With the exception of those cases in which the issue is that of actions taken by the University pursuant to Article 5 – Corrective Action/Discipline and Dismissal, Teamsters Local 2010 shall have the burden of proof. The burden of proof in cases in which the issue is that of actions taken by the University pursuant to Article 5 – Corrective Action/Discipline and Dismissal, shall be the University's. 8. At least 10 calendar days prior to the hearing, the parties shall exchange the names of all known witnesses and relevant materials to be introduced at the hearing.