Common use of Panel Procedures Clause in Contracts

Panel Procedures. a. Staff representatives, union stewards, and representatives of the Employer may present cases before the panel. Attorneys may attend in an advisory capacity only and will not present cases before the panel or serve as a panel member. b. Representatives may make opening statements, present cases and give closing arguments. The co-chairs may cross- examine either party and may, by mutual agreement, allow questions from other panel members. c. At the beginning of each case, each party may raise an objection if they believe there has been a procedural violation of the grievance procedure. The panel will hear arguments from the parties when such an objection is raised and render a decision on the objection prior to hearing the case. If the panel is unable to reach a decision on the objection, the panel may choose to hear the grievance on its merit. If the panel chooses to hear the grievance, this does not preclude either party from raising the objection at a later step in the grievance procedure. d. Non-participants are permitted to observe hearings. Either co-chair will have the right to exclude non-participants from the hearing room when necessary to protect the integrity of the grievance procedure or the sensitivity of the issue being grieved. e. Following presentation of each case, panel members will go into executive session. Only panel members and the panel secretary may be present during such sessions. During executive session, panel members will discuss the case and render a decision. If during an executive session, the panel determines further information is necessary in order to render a decision, the hearing will be reconvened. After a decision has been reached, all interested parties will be called into the hearing room and advised of the decision. A written decision will be delivered to the parties at that time.