29 C.F.R. § 1404.13
Conduct of hearings
All proceedings conducted by the arbitrators shall conform to the contractual obligations of the parties, and to the Code. The arbitrator shall comply with § 1404.4(b). The conduct of the arbitration proceeding is under the arbitrator's jurisdiction and control, and the arbitrator's decision shall be based upon the evidence and testimony presented at the hearing or otherwise incorporated in the record of the proceeding. The arbitrator may, unless prohibited by law, proceed in the absence of any party who, after due notice, fails to be present or to obtain a postponement. An award rendered in an ex parte proceeding of this nature must be based upon evidence presented to the arbitrator.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2023–2023 · leading case: Elite Prot. Servs., Inc. v. Int'l Guards Union of Am., Local 154 (D. Maryland 2023).
Elite Prot. Servs., Inc. v. Int'l Guards Union of Am., Local 154 (D. Maryland 2023). “In Count V, Elite alleges that the arbitrator violated “the Federal Mediation and Conciliation Service regulation, 29 C.F.R. § 1404.13 ,” because the adverse inference the arbitrator relied on was not “based upon the evidence and testimony presented at the hearing,” but rather…”
Elite Prot. Servs., Inc. v. Int'l Guards Union of Am., Local 154 (D. Maryland 2023). “provision in the CBA requiring full consideration of the parties’ arguments; and that the Arbitrator failed to base his decision on “evidence and testimony,” in contravention of 29 C.F.R. § 1404.13 , when he drew an adverse inference from Elite’s failure to call Sandler as a…”
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