Rebuttal Statements. Within 14 days after receipt of a copy of the recorded hearing, the Grievant and/or the Respondent may submit a rebuttal statement. The rebuttal statement shall not include evidence that was not already presented in, or prior to, the grievance hearing, except that new documentation can be included if it directly contradicts oral testimony given at the hearing. The rebuttal statement must not exceed 5 (five) pages. No further submissions are permitted by the Panel unless extraordinary circumstances exist.
Rebuttal Statements. An employee may submit a rebuttal statement to material in his/her personnel file. Said rebuttal shall be attached to the material being rebutted and placed in the employee’s personnel file.
Rebuttal Statements. See Article 8.6.
Rebuttal Statements. Within 14 days after the hearing, the grievant and/or the respondent may submit a written rebuttal statement that includes responses to the opposing party’s oral presentation and to witness declarations given at the Grievance Panel hearing. The rebuttal statement should not generally exceed 5 (five) pages.
Rebuttal Statements. The Shipper Groups propose to allow the party pursuing arbitration to file a rebuttal statement within 5 days. The NCC disagrees with the need for a rebuttal statement, arguing (Response, at 14) that it would create needless delay. The NCC also argues that rebuttal is not needed because an arbitrator’s decision is to be based exclusively on the public docket record below and both parties will have an equal opportunity to explain why the NCC’s action was or was not correct. We will allow arbitrators to provide for rebuttal at their discretion. Rebuttal may not be needed in every arbitration. All that is required is that each side have a fair and equal opportunity to attack or to defend the NCC decision on the challenged classification matter. On the other hand, there may be situations where rebuttal statements would significantly enhance the record or allow replies to improperly submitted material without creating undue delay. Accordingly, we will require the NCC to devise a provision allowing arbitrators to grant an opportunity for rebuttal at their discretion. The NCC and the Shipper Groups should consult on an appropriate provision.
