Sec.31-91-36. Order of proceedings

(a) The party who has filed the grievance will normally proceed first with the presentation of evidence, except that the employer shall proceed first in disciplinary cases, and the panel shall have discretion to vary the normal procedure but shall afford full and equal opportunity to all parties for presentation of relevant evidence.

(b) Each party will be permitted to make an opening statement through its principal spokesperson.

(c) Each party will have a full opportunity to present relevant evidence and to cross-examine witnesses, subject to the rulings of the panel or single arbitrator.

(d) Each party's representative will have an opportunity to make a closing statement to the panel.

(e) Once a hearing has commenced, the panel may continue the hearing to a specific date: (1) on its own initiative or, (2) on the request of a party where the panel finds that good cause is shown.

(f) The board expects all parties to be prepared to conclude the hearings without delay.

(g) The filing party may withdraw a grievance from arbitration at any time prior to the issuance of the panel's decision, upon filing a written withdrawal with the board. When a withdrawal is filed, the grievance shall be dismissed with prejudice unless a written statement is received from the filing party stating the withdrawal is without prejudice. A notice to withdraw a grievance before the hearing date shall be received by the board before the close of business, five (5) business days prior to the date of the hearing. Where said notice has not been received within this time limit, the parties are required to appear before the panel assigned to hear the issue(s). The parties may choose to have only one representative appear before the panel to withdraw a grievance.

(h) Where a grievance which has been scheduled by the board for a hearing is withdrawn or settled prior to the hearing date, the parties may mutually choose to substitute another grievance which has not already been scheduled for a hearing. The parties may mutually choose any pending grievance, regardless of its chronological order. It shall be the responsibility of the parties to select the case which they choose to have heard in lieu of the case originally scheduled, and to notify the board accordingly. Only where the board has approved such substitutions prior to the hearing date may the hearing proceed.

(i) Where the parties withdraw a grievance scheduled for a hearing and do not choose the option of substituting another grievance of their choice in lieu of the withdrawn grievance, the board may substitute the next grievance listed in chronological order in lieu of the case being withdrawn. Such substitutions may only be made by the board where the withdrawal is submitted at least three (3) weeks prior to the hearing date.

(Effective January 30, 1981; Amended April 5, 1999)