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 CUE 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, CUE 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 - Corrective Action/Discipline and Dismissal, CUE 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 - Corrective Action/Discipline and Dismissal, shall be the University's. 8. Prior to the hearing, the parties shall endeavor to exchange the names of all known witnesses and relevant materials to be introduced at the hearing.

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 CUE UPTE 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 Procedure 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 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 thirty (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, CUE UPTE 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 - 7 – Corrective Action/Discipline and Dismissal, CUE UPTE 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 - 7 – Corrective Action/Discipline and Dismissal, shall be the University's. 8. Prior to the hearing, the parties shall may endeavor to exchange the names of all known witnesses and relevant materials to be introduced at the hearing.

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 CUE UPTE 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 Procedure 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 thirty (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, CUE UPTE 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 7 - Corrective Action/Action / Discipline and Dismissal, CUE UPTE 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 7 - Corrective Action/Action / Discipline and Dismissal, shall be the University's. 8. Prior to the hearing, the parties shall may endeavor to exchange the names of all known witnesses and relevant materials to be introduced at the hearing.

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 CUE UPTE 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 Procedure 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 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 thirty (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, CUE UPTE 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 - 6 – Corrective Action/, Discipline and DismissalDischarge, CUE UPTE 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 - 6 – Corrective Action/, Discipline and DismissalDischarge, shall be the University's. 8. Prior to the hearing, the parties shall may endeavor to exchange the names of all known witnesses and relevant materials to be introduced at the hearing.

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 CUE UPTE 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 Procedure 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 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 thirty (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, CUE UPTE 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 - Corrective Action/8, Discipline and Dismissal, CUE UPTE 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 - Corrective Action/8, Discipline and Dismissal, shall be the University's. 8. Prior to the hearing, the parties shall may endeavor to exchange the names of all known witnesses and relevant materials to be introduced at the hearing.

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 CUE UPTE 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 Procedure 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 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 thirty (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, CUE UPTE 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 7 - Corrective Action/Action / Discipline and Dismissal, CUE UPTE 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 7 - Corrective Action/Action / Discipline and Dismissal, shall be the University's. 8. Prior to the hearing, the parties shall may endeavor to exchange the names of all known witnesses and relevant materials to be introduced at the hearing.

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 CUE 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, CUE 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, CUE 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. Prior to the hearing, the parties shall endeavor to exchange the names of all known witnesses and relevant materials to be introduced at the hearing.

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 CUE IAFF 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 Procedure 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 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 thirty (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, CUE IAFF 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 - 7 – Corrective Action/Discipline and Dismissal, CUE IAFF 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 - 7 – Corrective Action/Discipline and Dismissal, shall be the University's. 8. Prior to the hearing, the parties shall may endeavor to exchange the names of all known witnesses and relevant materials to be introduced at the hearing.