Common use of Penalties for Failure to Comply Clause in Contracts

Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed: (a) Exclusion of evidence; (b) Continuing the hearing at any stage; or (c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.

Appears in 23 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed: (a) Exclusion of evidence; (b) Continuing the hearing at any stage; or (c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying non-complying party.

Appears in 13 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-non- compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed: (a) Exclusion of evidence; (b) Continuing the hearing at any stage; or (c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-non- complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed: (a) Exclusion of evidence; (b) Continuing the hearing at any stage; or (c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsectionSubsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed: (a) Exclusion of evidence; (b) Continuing the hearing at any stage; or (c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed: (a) a. Exclusion of evidence; (b) b. Continuing the hearing at any stage; or (c) c. Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-non- complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed: (a) A. Exclusion of evidence; (b) B. Continuing the hearing at any stage; or (c) C. Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying non-complying party.

Appears in 1 contract

Sources: Collective Bargaining Agreement