(iii) Confidential settlement documents filed with the judge in settlement proceedings under section 2200.120. (v) With regard to the participation of the conciliation judge in composition proceedings, the conciliation judge may not discuss the merits of the case with another person or appear as a witness at a hearing in the case. (a) General. Statements by the parties, interveners or witnesses shall be admissible only by mutual agreement of all the parties or by order of the Commission or the judge following the submission of a reasoned request by a party. All statements are made before an officer authorized to take an oath and affidavits at the examination site. The declaration is made in accordance with the Federal Rules of Civil Procedure, in particular Federal Rule of Civil Procedure 30. Where secondment is required under this Division, the secondment shall be maintained until the beginning of the hearing or until a previous decision is made. (iii) If party status has been chosen in accordance with § 2200.20, you confirm that the party has had the opportunity to comment on all matters relating to the settlement prior to the conclusion of the agreement; and (2) The employees or representatives concerned may file a written objection to such a petition with the above-mentioned Area Director. If such an objection is not filed within 10 working days of the date of sending such a request, this will constitute a waiver of another right to object to this petition. 3.
The obligation to supplement the replies may be imposed by order of the Court, by agreement of the parties or at any time before the hearing by new requests for supplementation to previous replies. (b) agreements. At the beginning of the hearing, the judge will record all the agreements reached by the parties as well as the grounds raised at the pre-trial conference. The parties and the judge will then attempt to resolve or resolve the outstanding issues. The judge will record all other agreements reached by the parties. (C) communication between the Conciliation Judge and the Chief Administrative Judge in the composition proceedings, including the report of the Conciliation Judge in accordance with subparagraph (f) of this Section. (ii) The Conciliation Judge may issue a procedural planning order prior to the Conference, including, but not limited to, formal pleadings, conference calls on the status of the settlement, ex parte caucus appeals, and the authorization, restriction or suspension of discovery during the settlement process. (i) All statements and information made in the course of the settlement proceedings under this section shall be deemed confidential and may be disclosed outside of this proceeding only with the consent of the parties. The conciliation judge shall make appropriate orders to protect the confidentiality of the settlement procedure. (1) The conciliation judge shall consult the parties on the total or partial settlement of the case and shall endeavour to resolve as many matters as possible. (i) Publication of the hearing for unrepresented workers.
Upon receipt, the employer shall provide the workers concerned who are not represented by an authorized staff representative with a copy of the notice of hearing before the judge by sending a copy of the notice of hearing to or near the place where the quotation is to be affixed, in accordance with section 9 (b) of the Occupational Health and Safety Act, 1970; Install. 29 U.S.C. 658(b) and 29 CFR § 1903.16. At any time after the presentation of the first objectionable pleading or the application delaying the submission of a reply, such as a request for dismissal. B, either party may serve hearings on any other party. The number of hearings may not exceed 25 questions, including paragraphs, unless this is done by mutual agreement of the parties or by order of the Commission or the judge. The party wishing to answer more than 25 questions, including subsections, has the burden of proof of conviction to determine that the complexity of the case or the number of summons positions requires more questioning. 1. The Conciliation Judge shall immediately inform the Chief Administrative Judge in writing of the progress of the case at the end of the settlement period or at the time when he decides that the continuation of the proceedings would be unsuccessful. If the Conciliation Judge has made such a decision and a settlement agreement is not reached within 75 days of the assignment of the matter to a voluntary settlement procedure or within 120 days of the assignment of a mandatory settlement procedure, the Conciliation Judge shall inform the Chief Administrative Judge in writing.
The Chief Administrative Judge may, at the discretion of the Chief Administrative Judge, grant additional time for the continuation of the proceedings under this Division. If, after the expiry of the time limit fixed under this paragraph, the conciliation judge has not approved a complete settlement, the conciliation judge shall submit to the Chief Administrative Judge copies of all written provisions and orders containing the terms of a partial settlement reached by the parties. (iv) If the settlement agreement includes the withdrawal of a notice of appeal, a quote, a notice of the proposed penalty or a request to change the reduction period, you indicate whether such withdrawal is prejudicial. (i) list the points of dispute which have been settled and, if a partial agreement has not been reached, also list the points in question which have not yet been decided; Unless the parties agree or under an expedited procedure under section 2200.103, the judge shall inform the parties and interveners of the time, place and nature of the hearing at least 30 days before the hearing, when a hearing is scheduled for the first time. If a hearing is postponed or if compelling circumstances exist, a time limit of at least 10 days must be respected. The judge determines the place and time of the hearing that will cause the least possible inconvenience and cost to the parties. (2) Duration of voluntary invoicing procedures. Voluntary settlement procedures are valid for a maximum period of 75 days, unless extended with the consent of the Chief Administrative Judge. (e) protocol of settlement procedures.
No document of any form that is to be kept confidential under § (d)(3) of this Section shall be deemed to be part of the official record to be retained pursuant to 29 U.S.C. 661(g), and such material shall not be made available to the public pursuant to Section 661(g), unless the parties decide otherwise. Except for an order approving the terms of a partial settlement agreed upon between the parties pursuant to paragraph (f)(1) of this Division, the Conciliation Judge shall not file or cause to be filed in the official record in the possession of the Conciliation Judge in connection with that settlement proceeding. including, but not limited to, communication with the Chief Administrative Judge and the conciliation judge`s report pursuant to paragraph (f) of this Section, unless the parties agree otherwise. (c) the time and place of the submission; obligation to post; Responses to the petition. A request to change the reduction date must be submitted to the Regional Director of the U.S. Department of Labor who issued the quote no later than the end of the business day following the date on which the reduction was originally required. A subsequent application must be accompanied by the employer`s declaration of exceptional circumstances explaining the delay. (b) Content.
At the pre-hearing conference, the parties may discuss: the settlement of the case; narrowing of subjects; an amicable presentation of the facts and facts; all defences; witnesses and exhibits; movements; and any other relevant issues. Except in exceptional circumstances, affirmative objections that were not raised at the conference prior to the hearing may not be raised at a later date. At the end of the conference, the judge makes a decision setting out the agreements reached by the parties and determining the issues to be addressed by the parties at the hearing. (g) Service for unrepresented employees. In the event that there are employees concerned who are not represented by an authorized personnel representative, the employer must publish the notice of objection or the request to change the reduction period upon receipt. The posting must be located at or near the location where the quote is to be published, in accordance with Section 9(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 658(b) and 29 CFR § 1903.16. The employer sends the following: (2) At the end of the settlement period without full agreement, the Chief Administrative Judge shall immediately assign the matter to an administrative judge other than the Conciliation Judge or the Chief Administrative Judge in order to take appropriate action on the remaining matters.
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