MINI HEARING PROCESS. When an appeal has been submitted to the Administrator of the DAS Employee Relations Division, and before a hearing officer/arbitrator is appointed, the Administrator of the DAS Employee Relations Division or his/her designee may confer with the Union representative, or grievant, if the grievant chooses not to be represented by FOP 88 or any other representative, and the Agency representative to discuss and attempt to informally resolve the grievance. Attempting to resolve the grievance does not mean that a conference/hearing must be held in all cases and that written narratives must be filed. The Administrator of the Employee Relations Division or his/her designee, may, prior to any conference or hearing being held, use telephone conferences, in person meetings, or written communications, as a means to gather information and to propose settlements to the parties. Any of these may be ex parte. Should the parties agree to a settlement prior to a conference/hearing being held, a note, signed by the parties, will be placed in the file indicating that the matter has been resolved. The note will provide a brief outline of the settlement. In cases where the grievant is not represented by the union, a union representative may attend the hearing and observe. A copy of the written decision shall be sent to the union. Cases pending at the second step which have not been assigned to a hearing officer or set for hearing shall proceed through this process. This conference (mini-hearing) shall be informal and the rules of evidence shall not apply. All exhibits that the Agency or Grievant want the Administrator of the DAS Employee Relations Division/Designee to consider must be received by the DAS Employee Relations Division and the opposing party a minimum of three days before the mini-hearing. If either party does not comply with this time limit, the Administrator of the DAS Employee Relations Division/Designee may impose sanctions. Neither party may be represented by anyone licensed (active or inactive) to practice law in the State of Nebraska at this conference.
MINI HEARING PROCESS. When an appeal has been submitted to the Administrator of the DAS Employee Relations Division, and before a hearing officer/arbitrator is appointed, the Administrator of the DAS Employee Relations Division or his/her designee may confer with the Union representative, or grievant, if the grievant chooses not to be represented by NAPE/AFSCME or any other representative, and the Agency representative to discuss and attempt to informally resolve the grievance. In cases where the grievant is not represented by the union, a union representative may attend the hearing and observe. A copy of the written decision shall be sent to the union. Cases pending at the third step which have not been assigned to a hearing officer or set for hearing shall proceed through this process. This conference (mini-hearing) shall be informal and the rules of evidence shall not apply. All exhibits that the Agency or Grievant want the Administrator of the DAS Employee Relations Division/Designee to consider must be received by the DAS Employee Relations Division and the opposing party a minimum of three days before the mini-hearing. If either party does not comply with this time limit, the Administrator of the DAS Employee Relations Division/ Designee may impose sanctions. Neither party may be represented by anyone licensed (active or inactive) to practice law in the State of Nebraska at this conference.
