The Hearing Process. (1) Each party shall have one and one-half (1-1/2) hours to present its case, including whatever time it takes to reserve for rebuttal, unless otherwise modified by the parties in writing in advance of the hearing or as so modified by the neutral arbitrator. The presentation of evidence shall be made by submitting a statement of facts stipulated by the parties and/or the presentation of witness and documentary evidence. A court reporter shall transcribe the proceedings, but a transcript shall be prepared only upon the request of either party. After the parties have presented the evidence, each party shall have an opportunity for oral argument before the Accelerated Arbitration Panel for a period of not more than fifteen (15) minutes. No written briefs shall be submitted. (2) Following each case, the Accelerated Arbitration Panel shall meet in executive session. The neutral arbitrator shall moderate the discussion with the objective of achieving agreement between the parties. If the parties cannot agree, the neutral arbitrator shall determine the award. (3) The neutral arbitrator shall announce the award orally to the parties, including the grievant. The award shall be documented at the hearing but shall not include a written opinion. A court reporter shall transcribe the proceedings, but a transcript shall be prepared only upon request of either party. (4) The award shall be final and binding upon both parties, but shall not be used as a precedent in any other case. The parties shall share the fees and expenses of the neutral arbitrator, court reporter if used, and transcripts equally. The City agrees that employees shall not suffer loss of compensation for time spent as a witness at a discipline arbitration hearing held pursuant to this procedure. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
Appears in 4 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement