Pre-hearing Conference
A pre-hearing conference is usually held immediately prior to a grievance arbitration hearing. During this conference, the parties will be asked the following questions:
- Is the grievance timely and properly before the Arbitrator?
- Have you agreed on a joint stipulation of the issue?
- Have you executed a submission agreement?
- Are there any exhibits that we can mark prior to the beginning of the hearing?
- Do you have any preliminary motions and/or objections?
Hearing
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Arbitrator's opening to start the record.
- Opening statement - party with the burden of proof (Employer if it is a matter of discipline or discharge, otherwise the Union).
- Opening statement - the other party (may be deferred).
- Case in Chief - party with the burden of proof.
- Case in Chief - other party.
- Rebuttal Evidence - party with the burden of proof.
- Sur-rebuttal evidence - other party.
Closing Arguments
- Closing arguments - party with burden of proof
- Closing arguments and rebuttal arguments - other party
- Rebuttal arguments - party with burden of proof
At the request of either party, closing arguments may be filed in written form either in lieu of oral arguments or in addition to oral arguments.
At the request of both parties, the right to a rebuttal brief will be granted.
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