The arbitrator shall be the judge
of the relevancy and the materiality of the evidence offered, and conformity
to legal rules of evidence shall not be necessary." However, arbitrators
must weigh the relevance or credibility of evidence when considering
a grievance. Evidence is either direct or cirwmstnntinl. Direct evidence
is information specifical ly tying a person to a situation. The search for
the "smoking gun" is an attempt to find direct evidence. Circumstantial
evidence suggests a connection between even ts and an individual. For
example, if shortages in a cash register occuronly when one particular
employee is scheduled, that circumstance, when comected with others,
may establish guilt.
The arbitrator shall be the judgeof the relevancy and the materiality of the evidence offered, and conformityto legal rules of evidence shall not be necessary." However, arbitratorsmust weigh the relevance or credibility of evidence when consideringa grievance. Evidence is either direct or cirwmstnntinl. Direct evidenceis information specifical ly tying a person to a situation. The search forthe "smoking gun" is an attempt to find direct evidence. Circumstantialevidence suggests a connection between even ts and an individual. Forexample, if shortages in a cash register occuronly when one particularemployee is scheduled, that circumstance, when comected with others,may establish guilt.
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