Labor Relations Fundamentals for Community College Districts

 Presentation of evidence, witnesses and arguments by the initiating party.  Cross-examination by the defending party.  Presentation of evidence, witnesses and arguments by the defending party.  Cross-examination by the initiating party.  Presentation of rebuttal evidence (by both parties, if necessary).  Summation by both parties, usually following the same order as in the opening statements, or in the alternative, closing, written briefs.

This is the customary order. The arbitrator may vary this order, either on his/her own initiative or at the request of a party. In any case, the order in which the facts are presented does not imply that the “burden of proof” is more on one side than the other, for both parties must try to convince the arbitrator of the justice of their positions.

In discipline and discharge appeals, the district generally has the burden of proof, and will present its case first.

3. A RBITRATION AND S PECIFIC G RIEVANCES

a. Discipline and Discharge 126 – Common Issues and Factors

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Burden of proof

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Review of penalties imposed

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Factors in evaluating penalties

 Nature of offense (i.e., significance, severity)

 Forewarning (knowledge and clarity of rules)

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Post-discharge conduct or charges

 Grievant’s past record (especially documented progressive discipline)

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Length of service with the district

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Equal enforcement of rules

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Expression of remorse

 Reasonable accommodation of known disability

b. Seniority – Common Issues and Factors

 In promotions, transfers, layoffs and recall from layoffs



Evidence and burden of proof

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 42