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Appendix C <br /> Grievance Review Board Procedures <br /> Each party shall exchange a list of witnesses and exhibits fourteen calendar days prior to the Review <br /> Board hearing. Witnesses or exhibits not set forth on the list shall not be called or used, respectively, at <br /> the hearing, except for rebuttal. Witnesses and exhibits not on the list shall not be called nor used, <br /> respectively, should the grievance proceed to arbitration,except for rebuttal. <br /> Either party may be represented by an attorney or a designated representative and may use an attorney at <br /> the Review Board hearing. Any party so choosing to use an attorney shall notify the other party fourteen <br /> calendar days prior to the Review Board hearing and the failure to do so shall preclude that party from <br /> using an attorney at the hearing. <br /> Either party may call witnesses and submit exhibits as provided in Section 1, and through the Board, <br /> may question the other party's witnesses. Either party may present that party's position in writing or <br /> orally. The hearing will be conducted in a manner consistent with an individual's rights under the law. <br /> The Review Board may continue the hearing if the Board requests additional information from either <br /> party. The Review Board hearing may be recorded electronically or by a court reporter/stenographer. <br /> All members of the Review Board will conduct themselves professionally, with the intent of reaching a <br /> fair and just resolution of the grievance submitted. Any Review Board member may question any <br /> witness. Any Review Board member who is listed as a witness shall not serve as a Review Board <br /> member for that hearing. <br /> At the conclusion of the hearing, the Review Board may entertain oral argument of the parties and shall <br /> deliberate in order to reach a decision. The Review Board may deliberate in private. During <br /> deliberations,the Review Board shall review the facts and arguments presented. <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 majority <br /> vote is needed for items (a), (b) and (c). If the Review Board deadlocks, the grievance shall be <br /> submitted within 14 calendar days to the Joint Executive Directors. If, in deciding the grievance, the <br /> Review Board determines that either party violated a provision of the Memorandum of Understanding, <br /> that determination will be submitted in writing to the Joint Executive Directors within fourteen calendar <br /> days. <br /> The Review Board may, by majority vote, adopt other reasonable informal procedures to (a) facilitate an <br /> efficient and speedy outcome of the grievance, including directions for submitting disputes in writing; <br /> (b) to establish time limitations; (c) to establish methods to preserve privacy in EEO related disputes; <br /> and(d)to adopt similar matters in furtherance of an appropriate management-labor relationship. <br /> By mutual agreement of the parties, the Review Board hearing may be bypassed and the grievance <br /> advanced to the next level of the grievance process. <br /> 71 <br />