Burden Of Proof Case Study

Burden of proof is “the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause” (The Law Dictionary & Black's Law Dictionary Free 2nd Ed., n.d.). In this case, the Union has filed a grievance claiming that the company did not honor the contract. The Union is the charging party and therefore bears the burden of proof. The Union will have the responsibility of proving to the arbitrator that the company led the union into a job evaluation process to justify eliminating the jobs. Further, the Union will have to prove that the company violated the contract by outsourcing the work of janitors prior to negotiating at the bargaining table to retain the janitorial jobs. The company is