Fast Track Mediation Clause Samples
Fast Track Mediation. Arbitration Process
1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement (i.e. ESS - Local 40.
2) The outcome will be binding on the parties.
3) The cost will be borne in accordance with Section 103 of the Labour Relations Code (i.e, Employer: 1/3; Union: 1/3; Government: 1/3).
4) The procedure cannot be used should an application for a Settlement Officer under Section 87 of the Labour Relations Code have been made by either party.
5) No legal counsel will be sued by either party. The Union will use elected officers or business representatives. ESS will use employees of their Industrial Relations Division.
6) The number of cases to be heard at any given time will not exceed three (3).
7) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator.
8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties.
9) In such case that the arbitrator must write a decision, such decision shall be brief and to the point.
10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case.
11) General rules of evidence will be waived except for the rule of “onus.”
12) The offices of ESS and of UNITE HERE, Local 40 will be used for the process on an alternating basis starting with the Hotel, Restaurant, & Culinary Employees & Bartenders Union, Local 40 offices.
Fast Track Mediation. Arbitration Process
1) The process can only be used by mutual agreement between the parties who are signatory to this collective agreement.
2) The outcome will be binding on the parties.
3) The cost will be born in accordance with Section 112 of the Labour Relations Code, i.e. the employer - one third, union - one third, Government - one third.
4) The procedure may be used after Step One or Step Two of the grievance procedure
5) No legal counsel will be used by either party.
6) The number of cases to be heard at any given time will not exceed three (3).
7) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator.
8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties.
9) In such cases the arbitrator must write a decision, such decision shall be brief and to the point.
10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case.
11) General rules of evidence will be waived except for the rule of “onus”.
12) Location to be agreed between the parties.
Fast Track Mediation. Arbitration Process
1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement (i.e. Compass/E.S.S. - Local 40.
2) The outcome will be binding on the parties.
3) The cost will be shared equally between the Union and the Employer, in accordance with Section 103 of the Labour Relations Code.
4) The procedure cannot be used should an application for a Settlement Officer under Section 87 of the Labour Relations Code have been made by either party.
Fast Track Mediation. Arbitration Process
1. The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement.
2. The outcome will be binding on the parties.
3. The cost will be borne in accordance with Section 112 of the Labour Relations Code. i.e. Employer - 1/3, Union - 1/3, Government - 1/3.
4. The procedure may be used after step one or step two of the grievance procedure.
5. The procedure cannot be used should an application for an Industrial Relations Officer under Section 96.1 of the Labour Relations Code have been made by either party.
6. No legal counsel will be used by either party.
7. The number of cases to be heard at any given time will not exceed three (3).
8. The parties or their representatives will try to get an agreed statement of facts for representation to the arbitrator.
9. Wherever possible the arbitrator will attempt to mediate a settlement between the parties.
10. In such case that the arbitrator must write a decision, such decision shall be brief and to the point.
11. An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case.
12. General rules of evidence will be waived except for the rule of "onus".
13. The facilities of the Hotel and the Local 40 offices will be used for the process on an alternating basis starting with the Local 40 office, or as otherwise mutually agreed by the parties.