Grievance Mediation. 1. The parties may, by written agreement, submit a grievance to mediation to be conducted by the Federal Mediation and Conciliation Service (FMCS) after it has been submitted to arbitration but before the arbitration hearing. The Arbitration Coordinator will notify the parties and the arbitrator of the next arbitrator in rotation as provided in (4)(c), below. The arbitrator will then schedule a hearing date with the parties, with notice to the Arbitration Coordinator. If the parties choose to mediate the grievance, the Arbitration Coordinator will provide the parties with the name, contact information, and availability of the FMCS mediator. The parties will then schedule a mediation within 40 days of the filing of the Request for Arbitration unless mediator availability requires a lengthier period. Either party may withdraw from the mediation process with written notice no later than five days before a scheduled mediation. 2. If the mediation is unsuccessful in resolving the grievance, the PBA will notify the Arbitration Coordinator and the agency representative within 10 days after the mediation concludes whether it will proceed to arbitration of the grievance or withdraw it. If the PBA chooses to arbitrate the grievance, the parties will proceed to the scheduled arbitration, or to a rescheduled hearing if necessitated by the period needed to conduct the mediation. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on unusual and compelling circumstances.
Appears in 29 contracts
Samples: Law Enforcement Bargaining Agreement, Law Enforcement Bargaining Agreement, Collective Bargaining Agreement
Grievance Mediation. 1. The parties may, by written agreement, submit a grievance to mediation to be conducted by the Federal Mediation and Conciliation Service (FMCS) after it has been submitted to arbitration but before the arbitration hearing. The Arbitration Coordinator will notify the parties and the arbitrator of the next arbitrator in rotation as provided in (4)(c), below. The arbitrator will then schedule a hearing date with the parties, with notice to the Arbitration Coordinator. If the parties choose to mediate the grievance, the Arbitration Coordinator will provide the parties with the name, contact information, and availability of the FMCS mediator. The parties will then schedule a mediation within 40 days of the filing of the Request for Arbitration unless mediator availability requires a lengthier period. Either party may withdraw from the mediation process with written notice no later than five days before a scheduled mediation.
2. If the mediation is unsuccessful in resolving the grievance, the PBA FOP will notify the Arbitration Coordinator and the agency representative within 10 days after the mediation concludes whether it will proceed to arbitration of the grievance or withdraw it. If the PBA FOP chooses to arbitrate the grievance, the parties will proceed to the scheduled arbitration, or to a rescheduled hearing if necessitated by the period needed to conduct the mediation. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on unusual and compelling circumstances.
Appears in 10 contracts
Samples: Collective Bargaining Agreement, Successor Agreement, Collective Bargaining Agreement
Grievance Mediation. 1. The parties may, by written agreement, submit a grievance to mediation to be conducted by the Federal Mediation and Conciliation Service (FMCS) after it has been submitted to arbitration but before the arbitration hearing. The Arbitration Coordinator will notify the parties and the arbitrator of the next arbitrator in rotation as provided in (4)(c), below. The arbitrator will then schedule a hearing date with the parties, with notice to the Arbitration Coordinator. If the parties choose to mediate the grievance, the Arbitration Coordinator will provide the parties with the name, contact information, and availability of the FMCS mediator. The parties will then schedule a mediation within 40 days of the filing of the Request for Arbitration unless mediator availability requires a lengthier period. Either party may withdraw from the mediation process with written notice no later than five days before a scheduled mediation.
2. If the mediation is unsuccessful in resolving the resolvingthe grievance, the PBA will notify the Arbitration Coordinator and the agency representative within 10 days after the mediation concludes whether it will proceed to arbitration of the grievance or withdraw it. If the PBA chooses to arbitrate the grievance, the parties will proceed to the scheduled arbitration, or to a rescheduled hearing if necessitated by the period needed to conduct the mediation. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on unusual and compelling circumstances.
Appears in 1 contract
Samples: Collective Bargaining Agreement