Common use of Alternative Dispute Resolution Processes Clause in Contracts

Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operation the parties agree to voluntarily utilize the following processes. A. Pre-discipline Settlement Conferences 1. After a statement of charges is issued, but before the notice of disciplinary action is issued, the parties may voluntarily agree to a pre-discipline settlement conference. 2. Up to two (2) standing committees (with alternates) to review proposed discipline may be established. 3. Committee makeup – three (3) members (one Management representative, one OHR representative, and one Union representative). 4. Participation is voluntary; the Office of Human Resources makes the final decision for County participation. 5. The Committee will review the recommended level of discipline and the facts of the case, and will make a non-binding recommendation. Each side is permitted to make a brief presentation before the Committee. Presentation and format shall be established by the Committee. 6. If the parties agree with the recommendation of the Committee, Notice of Discipline will be issued and the Union agrees to refrain from filing a grievance regarding such notice. If the Union disagrees with the Committee's recommendation, it is free to grieve the Notice of Disciplinary Action. If the County disagrees, it may go forward with the notice as originally proposed. 7. The settlement conference option is part of the informal resolution process of the Contract Grievance Procedure. A bargaining unit employee waives any right to challenge before the County’s Merit System Protection Board (MSPB) any proposed suspension, demotion, or dismissal action that he or she attempts to resolve through a settlement conference pursuant to this Article. 8. At either parties’ request, a Non-MCFRS management representative (selected from an existing MCGEO Pre-Discipline settlement Conference Committee) will replace the MCFRS management representative. 9. The County shall provide new Committee members with training in Alternative Dispute Resolution and related disciplines, as appropriate. 10. Rules of procedure will be established by the parties. B. Grievance Mediation 1. Upon receipt of the Step 2 Office of Human Resources Director’s disposition, the Union and Employer may voluntarily agree to grievance mediation. Grievance mediation request must occur prior to deadline for invoking arbitration. If the parties agree to attempt mediation, the arbitration proceeding will be stayed pending exhaustion, as determined by one of the parties, of the mediation process. 2. Mediator names are to be selected, if available, from FMCS. 3. Participation is voluntary. 4. At grievance mediation each party's presentation will be limited to a brief oral argument. 5. Cost of grievance mediation is split. 6. A mediated solution to the grievance resolves the grievance. 7. Rules of procedure will be established by the parties.

Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operation operations, the parties agree to voluntarily utilize the following processes. A. (a) Pre-discipline Settlement Conferences (1. ) After a statement of charges (includes intent to terminate actions based on unsatisfactory performance) is issued, issued but before the notice of disciplinary action is issued, the parties may voluntarily agree to a pre-discipline disciplinary settlement conference. 2. Up to two (2) Up to 2 standing committees (with alternates) to review proposed discipline may be established. (3. ) Committee makeup – three (3) 3 members (one 1 Management representativerep., one 1 OHR representative, rep. and one 1 Union representativerep.). (4. ) Participation is voluntary; the Office of Human Resources makes the final decision for County participationon whether to participate. (5. ) The Committee will review reviews the recommended level of discipline and the facts of the case, case and will make makes a non-binding recommendation. Each side is permitted to make a brief presentation before the CommitteeCommittee not to exceed twenty- five (25) minutes with each side having the opportunity to respond not to exceed five (5) minutes each. Presentation and format shall be established by the Committee. (6. ) If the parties agree with the recommendation of the Committee, Notice of Discipline will be Disciplinary Action is issued and the Union agrees to refrain from filing a grievance regarding such noticewith no grievance. If the Union disagrees with the Committee's committee’s recommendation, it is free to grieve the Notice of Disciplinary Action. If the County disagrees, it may go forward with the notice as originally proposed. (7. ) The settlement conference option is will be considered a part of the informal resolution process of the Contract Grievance Procedure. A bargaining unit contract grievance procedure, in using this process an employee waives any right to challenge before the County’s Merit System Protection Board (MSPB) any proposed suspensionfile with MSPB on suspensions, demotion, or demotions and dismissal action that he or she attempts to resolve through a settlement conference pursuant to this Articleactions. 8. At either parties’ request, a Non-MCFRS management representative (selected from an existing MCGEO Pre-Discipline settlement Conference Committee) 8) Committee members will replace the MCFRS management representativenot review discipline within their department. (9. The County shall provide new Committee members with training in Alternative Dispute Resolution and related disciplines, as appropriate. 10. ) Rules of procedure will be established by the parties. B. Grievance Mediation 1. Upon receipt of the Step 2 Office of Human Resources Director’s disposition, the Union and Employer may voluntarily agree to grievance mediation. Grievance mediation request must occur prior to deadline for invoking arbitration. If the parties agree to attempt mediation, the arbitration proceeding will be stayed pending exhaustion, as determined by one of the parties, of the mediation process. 2. Mediator names are to be selected, if available, from FMCS. 3. Participation is voluntary. 4. At grievance mediation each party's presentation will be limited to a brief oral argument. 5. Cost of grievance mediation is split. 6. A mediated solution to the grievance resolves the grievance. 7. Rules of procedure will be established by the parties.

Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operation operations, the parties agree to voluntarily utilize the following processes. A. (a) Pre-discipline Settlement Conferences (1. ) After a statement of charges (includes intent to terminate actions based on unsatisfactory performance) is issued, issued but before the notice of disciplinary action is issued, the parties may voluntarily agree to a pre-discipline disciplinary settlement conference. 2. Up to two (2) Up to 2 standing committees (with alternates) to review proposed discipline may be established. 3. Committee makeup – three (3) Committee makeup - 3 members (one 1 Management representativerep., one OHR representative, 1 OLR rep. and one 1 Union representativerep.). (4. ) Participation is voluntary; the Office of Human Resources Labor Relations makes the final decision for County participationon whether management participates. (5. ) The Committee will review reviews the recommended level of discipline and the facts of the case, case and will make makes a non-binding recommendation. Each side is permitted to make a brief presentation before the CommitteeCommittee not to exceed twenty-five (25) minutes, or forty- five (45) minutes for dismissal or termination cases, with each side having the opportunity to respond not to exceed five (5) minutes each, or ten (10) minutes for dismissal or termination cases. Presentation and format shall be established by the Committee. (6. ) If the parties agree with the recommendation of the Committee, Notice of Discipline will be Disciplinary Action is issued and the Union agrees to refrain from filing a grievance regarding such noticewith no grievance. If the Union disagrees with the Committeecommittee's recommendation, it is free to grieve the Notice of Disciplinary Action. If the County disagrees, it may go forward with the notice as originally proposed. The Notice of Disciplinary Action will be issued to the employee no later than ten (10) business days. (7. ) The settlement conference option is will be considered a part of the informal resolution process of the Contract Grievance Procedure. A bargaining unit contract grievance procedure, in using this process an employee waives any right to challenge before the County’s Merit System Protection Board (MSPB) any proposed suspensionfile with MSPB on suspensions, demotion, or demotions and dismissal action that he or she attempts to resolve through a settlement conference pursuant to this Articleactions. 8. At either parties’ request, a Non-MCFRS management representative (selected from an existing MCGEO Pre-Discipline settlement Conference Committee) 8) Committee members will replace the MCFRS management representativenot review discipline within their department. (9. The County shall provide new Committee members with training in Alternative Dispute Resolution and related disciplines, as appropriate. 10. ) Rules of procedure will be established by the parties. B. Grievance Mediation 1. Upon receipt of the Step 2 Office of Human Resources Director’s disposition, the Union and Employer may voluntarily agree to grievance mediation. Grievance mediation request must occur prior to deadline for invoking arbitration. If the parties agree to attempt mediation, the arbitration proceeding will be stayed pending exhaustion, as determined by one of the parties, of the mediation process. 2. Mediator names are to be selected, if available, from FMCS. 3. Participation is voluntary. 4. At grievance mediation each party's presentation will be limited to a brief oral argument. 5. Cost of grievance mediation is split. 6. A mediated solution to the grievance resolves the grievance. 7. Rules of procedure will be established by the parties.

Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operation operations, the parties agree to voluntarily utilize the following processes. A. (a) Pre-discipline Settlement Conferences (1. ) After a statement of charges (includes intent to terminate actions based on unsatisfactory performance) is issued, issued but before the notice of disciplinary action is issued, the parties may voluntarily agree to a pre-discipline disciplinary settlement conference. 2. Up to two (2) Up to 2 standing committees (with alternates) to review proposed discipline may be established. 3. Committee makeup – three (3) Committee makeup - 3 members (one 1 Management representativerep., one OHR representative, 1 OLR rep. and one 1 Union representativerep.). (4. ) Participation is voluntary; the Office of Human Resources Labor Relations makes the final decision for County participationon whether management participates. (5. ) The Committee will review reviews the recommended level of discipline and the facts of the case, case and will make makes a non-binding recommendation. Each side is permitted to make a brief presentation before the CommitteeCommittee not to exceed twenty-five (25) minutes, or forty-five (45) minutes for dismissal or termination cases, with each side having the opportunity to respond not to exceed five (5) minutes each, or ten (10) minutes for dismissal or termination cases. Presentation and format shall be established by the Committee. (6. ) If the parties agree with the recommendation of the Committee, Notice of Discipline will be Disciplinary Action is issued and the Union agrees to refrain from filing a grievance regarding such noticewith no grievance. If the Union disagrees with the Committeecommittee's recommendation, it is free to grieve the Notice of Disciplinary Action. If the County disagrees, it may go forward with the notice as originally proposed. The Notice of Disciplinary Action will be issued to the employee no later than ten (10) business days. (7. ) The settlement conference option is will be considered a part of the informal resolution process of the Contract Grievance Procedure. A bargaining unit contract grievance procedure, in using this process an employee waives any right to challenge before the County’s Merit System Protection Board (MSPB) any proposed suspensionfile with MSPB on suspensions, demotion, or demotions and dismissal action that he or she attempts to resolve through a settlement conference pursuant to this Articleactions. 8. At either parties’ request, a Non-MCFRS management representative (selected from an existing MCGEO Pre-Discipline settlement Conference Committee) 8) Committee members will replace the MCFRS management representativenot review discipline within their department. (9. The County shall provide new Committee members with training in Alternative Dispute Resolution and related disciplines, as appropriate. 10. ) Rules of procedure will be established by the parties. B. Grievance Mediation 1. Upon receipt of the Step 2 Office of Human Resources Director’s disposition, the Union and Employer may voluntarily agree to grievance mediation. Grievance mediation request must occur prior to deadline for invoking arbitration. If the parties agree to attempt mediation, the arbitration proceeding will be stayed pending exhaustion, as determined by one of the parties, of the mediation process. 2. Mediator names are to be selected, if available, from FMCS. 3. Participation is voluntary. 4. At grievance mediation each party's presentation will be limited to a brief oral argument. 5. Cost of grievance mediation is split. 6. A mediated solution to the grievance resolves the grievance. 7. Rules of procedure will be established by the parties.