Common use of Burdens of Proof Clause in Contracts

Burdens of Proof. A. When an employee elects to raise a matter covered by 5 U.S.C. 4303 (reduction in grade or removal of an employee for unacceptable performance) in the negotiated grievance procedure and the Union moves the matter to arbitration, the arbitrator will be governed by 5 U.S.C. 7701(c) (1) (A) – i.e., the decision of the Employer will be sustained only if the Employer’s decision is supported by substantial evidence. B. When an employee has elected to raise a matter covered by 5 U.S. C. 7512 (adverse actions taken for cause) in the negotiated grievance procedure and the Union moves the matter to arbitration, the arbitrator will be governed by 5 U.S.C. 7701(c) (1) (B) – i.e., the decision of the Employer will be sustained only if the Employer’s decision is supported by a preponderance of the evidence.

Burdens of Proof. A. When an employee elects to raise a matter covered by 5 U.S.C. 4303 (reduction in grade or removal of an employee for unacceptable performance) in the negotiated grievance procedure and the Union moves the matter to arbitration, the arbitrator will be governed by 5 U.S.C. 7701(c) (1) (A) – i.e., the decision of the Employer will be sustained only if the Employer’s decision is supported by substantial evidence. B. When an employee has elected to raise a matter covered by 5 U.S. C. U.S.C. 7512 (adverse actions taken for cause) in the negotiated grievance procedure and the Union moves the matter to arbitration, the arbitrator will be governed by 5 U.S.C. 7701(c) (1) (B) – i.e., the decision of the Employer will be sustained only if the Employer’s decision is supported by a preponderance of the evidence.