At the Investigation, did the “Judge” obtain substantial evidence or proof that the employee was guilty as charged?
It is amazing that when the regional representatives process grievances or prepare for arbitration, many times a rudimentary investigation shows that the employee is not even guilty of the charges which appear in the body of the notice. While arbitrators are divided as to the quantum of proof necessary to meet a party’s burden of proof, there are basically three categories which relate to that quantum of proof. Some arbitrators use the standard of “preponderance of the evidence”. Preponderance of the evidence basically means that the party who has the burden of proof must convince the trier of fact that it is more likely than not its version and Interpretation of the facts is correct. In its most simple terms, this quantum of proof allows that even if your case might be weak in some areas, if you can convince the trier of the fact that your strengths outweigh your opponent’s, the case will be sustained or modified. A second quantum or proof utilized by arbitrators is that of ‘clear and
