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Archiver > USGW-GC > 2006-02 > 1139085284


From: "Scott Burow" <>
Subject: Re: [USGW-GPC] Procedures
Date: Sat, 4 Feb 2006 14:34:44 -0600
References: <04ce01c6200f$e7bfc1e0$3a281b41@D51XKD11> <Pine.GSO.4.63.0601230717210.20833@saltmine.radix.net> <010201c6294a$688abf80$7301a8c0@scott> <43E4A046.4060109@radix.net> <011501c629c2$4ce68d90$7301a8c0@scott> <002301c629c8$6d063840$4a60bd43@donsd7wz1qya5r>


----- Original Message -----
From: "Don Kelly" <>
To: <>
Sent: Saturday, February 04, 2006 2:20 PM
Subject: Re: [USGW-GPC] Procedures


> And if one refuses to participate, will the case then be decided by
> default?
> Don
>

Yes and No, Don. The grievant still has the responsibility to meet the
burden of proof that a violation of a by-law, policy, or procedure occurred.
If that is met, then the arbitration team will make a resolution to the
claim that is consistent with the information presented.

If the information only comes from one side of the complaint, that
resolution is going to be in favor of the side giving the information.

Most likely, the end result will be the same as a default, with the one
providing the information prevailing. It's not an automatic decision
however (as would be the case in a legal default judgment case), the
grievant still has an obligation to prove the violation occurred in the
first place.

Scott

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