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. Participants include designated representatives, the grievant(s), and other witnesses, who shall each be sequestered if providing testimony, unless otherwise agreed to by the parties. 3. The arbitration hearing shall provide an opportunity for UPTE and the University to examine and cross-examine witnesses under oath or affirmation, and to submit relevant evidence. 4. Settlement discussions, including but not limited to, settlement offers made any time during the Grievance and/or Arbitration 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 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, 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, UPTE shall have 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, the burden of proof shall be the University's. 8. Prior to the hearing, the parties may endeavor to exchange the names of 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. Participants include designated representatives, the grievant(s), and other witnesses, who shall each be sequestered if providing testimony, unless otherwise agreed to by the parties. 3. The arbitration hearing shall provide an opportunity for UPTE and the University to examine and cross-examine witnesses under oath or affirmation, and to submit relevant evidence. 4. Settlement discussions, including but not limited to, settlement offers made any time during the Grievance and/or Arbitration 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 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, 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 - 6 – Corrective Action /Discipline Action, Discipline and DismissalDischarge, UPTE shall have the burden of proof. In The burden of proof in cases in which the issue is that of actions taken by the University pursuant to Article 7 - 6 – Corrective Action / Action, Discipline and DismissalDischarge, the burden of proof shall be the University's. 8. Prior to the hearing, the parties may endeavor to exchange the names of 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. Participants include designated representatives, the grievant(s), and other witnesses, who shall each be sequestered if providing testimony, unless otherwise agreed to by the parties. 3. The arbitration hearing proceeding shall provide an opportunity for UPTE the Association and the University to examine and cross-examine witnesses under oath or affirmation, and to submit relevant evidence. 4. The parties shall not seek to introduce new issues and allegations at the arbitration hearing which were not introduced during Step 2 of the grievance procedure. Settlement discussions, including but not limited to, settlement offers made any time during the Grievance and/or Arbitration Procedure grievance procedure shall not be introduced as evidence in arbitration. 2. When practicable, the arbitration hearingUniversity shall inform the Association in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator. The issue(s) of arbitrability shall be resolved in a hearing prior to and separate from the hearing (if any) about the substantive facts and/or allegations in dispute, except as provided in §C.3., below. In the event an arbitrator, as a result of the arbitrability hearing referenced, above determines a matter to be arbitrable, they shall have no authority to decide the issues pursuant to the facts of the case unless the parties agree otherwise. 3. If, following the selection of the arbitrator, the University raises for the first time issue(s) of arbitrability, a single hearing on the issue of arbitrability and the substantive facts will be held, unless the parties agree otherwise. If the arbitrator finds the grievance to be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised. 4. C.2. and §C.3. above, shall not prevent the parties from agreeing in writing to combine the arbitrability hearing with the hearing on the merits of the case. 5. Either or both parties mayIf either party requests a postponement of the scheduled arbitration hearing following the University’s raising issue(s) of arbitrability, at their discretionthe hearings on arbitrability and facts, file briefs with if any, shall be separate, and the arbitratorprovisions of §C.2. The order above, shall apply. 6. Prior to arbitration, the Association and time limits the University shall attempt to stipulate as to the issue(s) to be arbitrated and to as many facts as possible. Relevant material and the names of briefing shall, on a case-by-case basis, all witnesses who are to be as agreed upon called shall be identified by the parties or as specified by prior to the arbitratorhearing. Briefing time limits To the extent possible, witnesses and material should be identified at least seven (7) calendar days prior to the hearing. 7. The arbitration hearing shall be extended by closed unless the Arbitrator upon the agreement of both partiesparties otherwise agree in writing. 68. The arbitrator shall consider the evidence presented and render a written decision within thirty (30) calendar days of the close of the record of the hearing. The arbitrator's authority shall be limited to determining whether the University has violated the provision(s) of this Agreement. The arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of this Agreement. 79. In all cases If the grievance is sustained in whole or in part, the remedy shall not exceed restoring to the Nurse the pay, benefits, or rights lost as a result of a violation of the Agreement, less any compensation from any source, including, but not limited to, Workers' Compensation and Unemployment Insurance benefits. The decision of the arbitrator, within the limits described herein, shall be final and binding. 10. Except as otherwise specifically provided, the University will not be liable on a grievance claiming back wages or other monetary reimbursement for: a. any period of time during which an extension of time limits has been granted at the request of the Association; b. any period of time between the first date the arbitrator is available for an arbitration hearing and the date of the hearing, when the first date is rejected by the Association; and c. any period of time greater than thirty (30) calendar days prior to the date of the Informal Review, Step 1 under Article 27, Grievance Procedure except for mathematical, calculation, recording, or accounting errors. 11. The Association shall have full authority to settle, withdraw, or otherwise dispose of any grievance brought on behalf of the Association and/or on the behalf of Nurses. An agreement to settle, withdraw, or otherwise dispose of a grievance appealed to arbitration pursuant to reached by and between the terms of this Article University and this Agreement, 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 Association shall be binding upon employees represented by the University pursuant to Article 7 - Corrective Action /Discipline and Dismissal, UPTE shall have 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, the burden of proof shall be the University'sAssociation. 8. Prior to the hearing, the parties may endeavor to exchange the names of known witnesses and relevant materials to be introduced at the hearing.