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LIVERMORE-PLEASANTON FIRE DEPARTMENT <br /> <br />M.O.U. SUPPLEMENTAL AGREEMENT "13" <br /> <br />Effective 6/1/2000 <br /> <br />Grievance Review Board Procedures <br /> <br />Each party shall exchange a list ofwimesses and exh'bits forelean calendar days prior to the <br />Review Board heaxing. Wireasses or exhibits not set forth on the list shall not be called or used, <br />respectively, at the hearing, except for rebuttal. Witnesses and exhibits not on the list shall not <br />be called nor used, respectively, should the grievance proceed to arbitration, except for rebultnL <br /> <br />Either party may be represented by an attorney or a designated representative and may use an <br />attorney at the Review Board hearing. Any party so choosing to use an attorney shall notify the <br />other party fourteen calendar days prior to the Review Board hearing and the failuse to do so <br />shall preclude that party from using an atWmey at the heanng. <br /> <br />Either party may call witnesses and submit exhibits as provided in Section 1, and through the <br />Board, may question the other party's witnesses, Either party may present that pany's position <br />in writing or orally. The heating will be conducted in a manner consistent with an individual's <br />rights tmder the law. The Review Board may continue the hearing if the Board requests <br />additional information from either party. The Review Board hearing may be recorded <br />electronically or by a court reporter/stenographer. <br /> <br />All members of the Review Board will conduct themselves professionally, with the intent of <br />reachthgafairandjustresoiutionofthegricvaneesubmitted. AnyReviewBoardmembermay <br />question any witness. Any Review Board reambar who is listed as a wireass shall not serve as a <br />Review Board member for that hearing. <br /> <br />At the conclusion of the hearing, the Review Board may enterta/n oral argument of the parties <br />and shall deliberate in order to reach a decision. The Review Board may deliberate in priv~e. <br />During deliberations, the Review Board shall review the facts and arguments presented. <br /> <br />After deliberation, the Review Board shall (a) uphold the grievance, (b) deny the grievance, (c) <br />fashion/mediate a resolution that is not in conflict with the labor agreement, or (d) deadlock A <br />majority vote is needed for items (a), (b) and (c). If the Review Board deadlocks, the grievan~. <br />shall be submitted with/n 14 calendar days to the Joint Executive Directors. If, in deciding the <br />grievance, the Review Board determines that either party violated a provision of the <br />Memorandum of Understanding, that determination will be submitted in writing to the Joint <br />Executive Directors within fourteen calendar days. <br /> <br />The Review Board may, by majority vote, adopt other reasonable informal procedures to (a) <br />facilitate an efficient and speedy outcome of the grievance, including directions for submitting <br />disputes in writing; (b) to establish time limitntinus; (c) to establish methods tn preserve privacy <br />in EEO related disputes; and (d) to adopt similar makers in furtherance of an appropriate <br />management-labor relationship. <br /> <br /> <br />