Common use of Proceedings Before the Board Clause in Contracts

Proceedings Before the Board. ‌ 1. The Company and Union shall be the only parties to a Board proceeding. The Company may be represented at Board hearings by such person or persons as it may designate, and the Union may be represented by such person or persons as it may designate. The Union shall designate who may present any arguments and evidence on behalf of a Grievant(s). 2. Evidence may be presented orally, in writing or both. 3. Witnesses providing testimony shall do so under oath. i) The number of witnesses summoned at any one time, who are Company employees, shall be subject to the needs of the service. Witnesses may be required to participate in person, or by telephonic and/or video conferencing, as mutually agreed by the parties. ii) Each witness summoned by the Board or called by either party shall be free from retaliation or adverse action by either the Company or the Union because of giving testimony in good faith. iii) A majority vote of the Board Members sitting at a hearing shall be competent to reach a decision. Decisions of the Board in matters properly referable to it shall be final and binding on the parties. iv) The Board shall issue its decision in writing as expeditiously as possible after the hearing(s) is concluded. By mutual agreement, the parties may request the Board to issue its decision orally or with a brief written decision after the taking of evidence and the conclusion of oral arguments, with a written decision to follow.