Attorneys cannot participate at these hearings in any capacity. In an Employee Relations Committee Hearing, employees may represent themselves or may be represented by another N.C. Department of Transportation employee. In a Performance Management Hearing, the grieving employee may speak on his/her behalf or the employee may choose not to appear, but may have the matter reviewed on documentation provided.

Prior to the date of the hearing, it would be helpful to ask each of your witnesses the questions that you plan to ask them at the hearing. By doing this, you will know in advance whether the reply will be beneficial to your case. Only people with actual knowledge of facts should be called as witnesses. Character witnesses normally have limited knowledge of the actual facts.

Witnesses should respond to each question by giving a "yes" or "no" answer unless asked to explain or elaborate on an issue. At no time can there be a general discussion between management or grievant and witness.

If the person representing management or grievant plans to testify, they will be considered one of the 5 witnesses and must testify before other witnesses can be called.

Before anyone can speak, the chairperson must first recognize him or her.

Format Of Employee Relations Committee Hearings

1. Chairperson will introduce committee

2. Grievant will state reason for grievance and what they hope to get as a result of hearing.

3. Opening statement by management.
   Opening statement should be short and to the point and without any actual facts being presented at this time; since you are not actually presenting your case at this time. Example of opening statement: I feel that the evidence and testimony presented today will prove that management was justified in their decision to dismiss this employee.

4. Opening statement by grievant.
   Opening statement should be short and to the point and without any actual facts being presented at this time; since you are not actually presenting your case at this time. Example of opening statement: I feel I was unjustly dismissed from my job and I feel that the facts and evidence that I will present will prove that I was wrongfully dismissed.

5. Management will present their case. (Call witnesses.) Present 7 copies of each exhibit. Management will question witnesses. After management has questioned each witness, grievant may cross-examine. Committee members may ask questions. Witnesses may not ask questions. Witnesses may be recalled if required.

6. Grievant will present its case. (Call witnesses.) Present 7 copies of each exhibit. Grievant will question witnesses. After grievant has questioned each witness, management may cross-examine. Committee members may ask questions. Witnesses may not ask questions. Witnesses may be recalled if required.

7. Grievant will present a closing statement. This should be a brief overview of the important facts that were presented. No further questioning is allowed.

8. Management will present a closing statement. This should be a brief overview of the important facts that were presented. No further questioning is allowed.

9. Hearing Closed.

10. The Committee will then meet in executive session and decide upon the specific recommendation to be submitted to the Secretary of Transportation, who will make the final decision on this case.