Grievance Information Detail

OCB Case Number

Old Grievance Number

Award Number

Grievant's Name

Arbitrator

Agency

Union

First Chair

Union Advocate

Second Chair

Arbitration Date

Decision Date

Decision

Cost

Contract Articles

Attachment List

• 0382

Contract Violations

Holding

AWARD: 0382 The arbitrator, in a prior hearing, ruled sua sponte at the end of theì employer's case that the employer had not met its burden of proof andì sustained the grievance. The issue was whether such an action exceeded theì scope of the arbitrator's powers. The employer was deprived of theì opportunity to cross-examine the union's witnesses. The objection to theì ruling was denied, on the theory that since the burden of proof isì contractually placed on the employer, a failure to make out a prima facieì case will in rare cases support an arbitrator's ruling sua sponte to dismissì the case. A significant brief was filed on this issue. The Arbitrator did not exceed her power when she ruled sua sponte thatì the Employer had failed to meet its burden of proof when it closed its caseì and sustained the grievance. The objection to the ruling was denied on the theory that since theì burden of proof is contractually placed on the employer, a failure to makeì out a pr