Common use of Grievance Mediation Clause in Contracts

Grievance Mediation. 11.01 At the request of either party the following mediation process will be used before any grievance is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Grievance Mediation. 11.01 At (a) Either party may submit the request grievance to Grievance Mediation at any time within five (5) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within five (5) calendar days following mediation the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbitration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in Item (b), or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to enact meet separately with any person or persons, but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an immediate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be (j) If no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is reached within five (35) calendar days prior following Grievance Mediation, the parties are free to submit the mediation sessionmatter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration, or any documentation relied upon by either party for the first time at Grievance Mediation shall be used against it at Arbitration. 11.06 (k) Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter settlement reached shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 The mediation session will normally (l) All settlements shall be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay“Without Prejudice”. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on (m) The union and the agreement Commission will share the cost of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawnMediator if any.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. 11.01 At 7.1 The mediation procedures herein will only apply to disciplinary action consisting of suspensions of one (1) day or more and discharges which are specifically subject to arbitration. 7.2 After the filing of the request of either party for arbitration, in accordance with Article 8, the following parties may agree to use this mediation process process. 7.3 The parties will proceed to select a mediator and establish a mediation conference at the earliest date feasible to all concerned. 7.4 The mediation conference will be used before any grievance is referred to arbitration. The intent held in a mutually agreed location. 7.5 Should the availability of the process is to provide a neutral third party who will attempt to resolve mediator unnecessarily delay the processing of the grievance in a timely mannerthe opinion of either party, another mediator may be selected or the mediation process may be bypassed and the grievance pursued to the satisfaction of both partiesarbitration. 11.02 7.6 Each party shall have one principal spokesperson at the mediation. An attorney will not be used by either party at the mediation conference. 7.7 The parties mediation conference will establish a list normally be attended by the grievant, the Local President and those people actually involved in the mediation conference. The number of employees who shall suffer no loss in pay shall be no more than three (3) persons ). Should additional employees be necessary for the complete discovery of facts at the conference, the parties will agree in advance on the number of additional employees who will attend the conference and suffer no loss in pay. 7.8 Any written material that is presented to the mediator or to any other party shall be asked returned to act, on a rotating basis, as a the party presenting the material at the termination of the mediation conference. 7.9 Proceedings before the mediator shall be informal in nature. Normally the evidence presented would be that discussed during the grievance mediatorprocedure. The parties rules of evidence shall equally share the fee not apply and no record of the mediatormediation conference shall be made. 11.03 7.10 The mediation session mediator will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact meet separately with any person or persons, but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice 7.11 The Company and the Union spokespersons may accept or reject the resolution proposed by the mediator and such settlement or any other settlement agreement resulting from the conference shall not be precedent setting, unless both parties agree. 7.12 If no settlement is givenreached the mediator shall provide the parties with an immediate oral advisory opinion, unless both parties agree that no opinion shall be provided. 7.13 If no settlement is reached at mediation, the Union is free to mediate arbitrate, provided that the Union requests arbitration within ten (10) workdays following the conclusion of mediation by following the procedures in Article 8.1. 7.14 In the event that a grievance which has been mediated subsequently is arbitrated, no person serving as a mediator between these parties may serve as arbitrator for the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turnsame grievance. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree arbitration proceedings there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given reference to the other party fact that a mediation conference was or was not held and there shall be no reference to or use made of any statements, oral or written, or of things done at least three (3) calendar days prior to the mediation sessionconference. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during 7.15 The fees and expenses of the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process mediator shall be conditional on shared equally by the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. 11.01 At the request of either party the following mediation process will be used before any grievance is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This Disputes may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on grievance mediation, with the agreement of both parties, prior to arbitration. 1. Any matter unresolved A one-time training session for the mediation participants will be conducted by the National Mediation Board and will be held on a mutually agreeable date at a location selected by the National Mediation Board. Each party will be responsible for the expenses of its participants at the end training session and Flight Attendants attending the session will be released pursuant to Section 8 (Union Business). Thereafter, mediation proceedings will be conducted at a mutually agreeable location. 2. Mediators either will be provided by the National Mediation Board pursuant to a process to be agreed upon by the parties or by any other method mutually agreed upon by the parties. All mediation fees and expenses, including the cost of any conference facilities or materials, will be shared equally between the parties. Each party shall bear the cost and expenses of its participants in the mediation. 3. In coordination with the mediator, a date shall be mutually agreed upon by the parties. 4. The issue mediated will be the same as the issue the parties have failed to resolve through the grievance process. The presentation of evidence is not limited to that presented at any previous step of the grievance procedure. The rules of evidence will not apply, and no transcript of the mediation conference shall be made. 5. The grievant(s) will have the right to be present for the presentation of their case. Other attendees will include those individuals needed to present the parties' position and to reach agreement with authority to bind their respective party. Each party will be responsible for the costs and expenses of the attendance at the mediation of witnesses or other participants whom it wishes to attend. The Grievant or other Flight Attendants brought to the mediation on behalf of the Union shall be released pursuant to Section 8 (Union Business). Non-participating observers will not be admitted except by mutual agreement of the parties. 6. In the case of an MEC grievance, designated Union representatives present at the mediation shall represent the Union. In the case of individual grievances, if the grievant elects not to be present personally, the Union representative shall have full authority and discretion to act on behalf of the grievant to resolve the grievance. 7. The Company and the Union shall each appoint a principal spokesperson, who may be an attorney, for the mediation conference. Every effort will be made to assure that the Union and the Company representatives present at each mediation session conference are familiar with the subject matter to be considered at that conference. 8. The mediation process shall be informal. The mediator has authority to meet both jointly and separately with the parties; however, the mediator has no authority to compel resolution of the grievance. 9. Upon reaching a settlement, the parties shall immediately reduce it to written form which will be signed by the Company, the Union and the grievant or authorized representative. 10. Absent written mutual agreement to the contrary, the record of the mediation shall be closed and inadmissible in any subsequent proceeding unless a written settlement is reached, in which case the record shall be admissible solely to interpret or apply the settlement, if necessary. 11. If no settlement is reached during the mediation conference, the mediator shall provide the parties with an immediate oral advisory decision involving the interpretation or application of the Agreement, together with the reasons for his decision, unless both parties agree that no opinion shall be provided. 12. Written material presented to the mediator or to the other party shall be returned to the party presenting that material at the termination of the mediation conference. 13. In the event a grievance that had been the subject of a mediation conference is subsequently heard before the System Board of Adjustment, the mediator may not serve as the arbitrator, nor may he be submitted called as a witness by either party in the Board's proceedings. During the System Board proceedings on such grievance, no reference will be made to the fact that the grievance was the subject of a mediation conference; nor will there be any reference to statements made, documents provided, or actions taken by either the mediator or participants during the course of a mediation conference, unless the party offering such statements, documents or actions would have had access or entitlement to them outside of the Mediation Conference. 14. By agreeing to schedule a mediation conference, the parties are not waiving any procedural argument(s) that they have regarding the case. Both the Company and the Union reserve the right to raise jurisdictional or procedural issues notwithstanding their agreement to schedule such conference. 15. The jurisdiction of the Mediator shall not extend to proposed changes in hours of employment, rates of compensation or working conditions. 16. All parties involved in the mediation conference, including the mediator, are barred from disseminating information surrounding the conference and/or individual grievances to the public, the media or like sources. 17. Nothing in this subsection shall preclude the parties from agreeing to other or different methods of grievance settlement, mediation, mediation/arbitration or withdrawnalternative grievance resolution.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. 11.01 At (a) Either party may submit the request grievance to Grievance Mediation at any time within five (5) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within five (5) calendar days following mediation the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbi- tration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to ei- ther party. (d) No matter may be submitted to Grievance Mediation which has not properly carried through the grievance procedure, pro- vided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in Item (b), or where the parties mutually agree to ex- tend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accord- ingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Media- tion Conference. (h) The Mediator will have the authority to enact meet separately with any person or persons, but will not have the authority to com- pel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an imme- diate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be (j) If no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is reached within five (35) calendar days prior fol- lowing Grievance Mediation, the parties are free to submit the mediation sessionmatter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an arbitrator. Nothing said or done by the Mediator may be re- ferred to at Arbitration, or any documentation relied upon by either party for the first time at Grievance Mediation shall be used against it at Arbitration. 11.06 (k) Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter settlement reached shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 The mediation session will normally (l) All settlements shall be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay“Without Prejudice”. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on (m) The union and the agreement Commission will share the cost of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawnMe- diator if any.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. 11.01 At 1. Grievance mediation is available to the request parties after Step 4 of either party the following mediation process grievance process. 2. All grievances will be used before any grievance is referred to arbitrationmediation if requested unless the parties mutually agree not to mediate a particular grievance. 3. The intent parties shall mutually agree to use the services of the process Federal Mediation and Conciliation Services or the Dayton Mediation Center to serve in the capacity of grievance mediator. The mediator must be an experienced mediator and/or arbitrator with mediation skills. The mediator may not serve as an arbitrator for the same issue for which he or she is a mediator. 4. The mediator will be asked to provide a neutral third party who schedule of available dates. Cases will attempt to resolve the grievance be scheduled in a timely mannermanner which assures that the mediator will be able to handle multiple cases on each date, to the satisfaction of both partiesunless otherwise mutually agreed. 11.02 5. The parties will establish a list of grievant shall have the right to be present at the mediation conference. The City and the Union may each have no more than three (3) persons who additional representatives as participants in the mediation effort. Persons representing the parties shall be vested with full authority to resolve the issues being considered. 6. The mediator may employ all of the techniques commonly associated with mediation, including private caucuses with the parties. The taking of oaths and the examination of witnesses shall not be permitted, and no verbatim record of the proceeding shall be taken. The purpose of the mediation effort is to reach mutually agreeable resolution of the dispute. There will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share no procedural constraints regarding the fee review of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) facts and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single sessionagreements. There shall be no use of legal counsel or witnesses for this mediation processformal evidence rules. Any evidence which either party wishes Written materials presented to submit the mediator will be given returned to the other party presenting them at least three (3) calendar days prior the conclusion of the mediation conference. 7. Mediation efforts will be informal in nature and shall not include written opinions or recommendations from the mediator unless mutually agreed to by the parties and the mediator. In the event that a grievance which has been mediated is appealed to arbitration, there shall be no reference in the arbitration proceeding to the fact that a mediation sessionconference was or was not held. 11.06 Any concessions8. At the mediation conference the mediator shall first seek to assist the parties in reaching a mutually satisfactory settlement of the grievance which is within the parameters of the collective bargaining agreement. If a settlement is reached, discussions or offers a settlement agreement will be entered into writing at the mediation conference. The mediator shall not have the authority to settle compel the resolution of a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace9. This may be altered at the consent of both parties. Should the mediation process occur during If a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter grievance remains unresolved at the end of each the mediation session conference, the mediator may, if requested by either party, render a verbal opinion as to how the grievance is likely to be decided if it is presented at arbitration. This opinion is nonbinding and inadmissible in any subsequent arbitration proceeding. 10. If a settlement is not reached, the Union may be submitted appeal the grievance to arbitration. All applicable time limits for appealing a grievance to arbitration contained in the collective bargaining agreement shall commence on the day of the mediation conference. 11. The dates, times and places of mediation conferences will be determined by mutual agreement of the parties. Each party shall designate a representative responsible for scheduling mediation conferences. 12. The parties agree to schedule a minimum of one day a month, if necessary, for mediation efforts during the time period of this Agreement. 13. The fees and expenses, if any to be charged by the mediator shall be negotiated between him or withdrawnher and the parties. Fees and expenses for grievance mediation shall be paid equally by the City and the Union. 14. The parties agree to schedule a day of orientation and training to be attended by those individuals who will be participating in the mediation proceedings on behalf of the parties. 15. The parties agree to mutually examine and review the grievance mediation process and procedures adopted herein twelve (12) months from the date of execution of the collective bargaining agreement. The purpose of said examination and review is to revise, alter, correct or otherwise improve the grievance mediation process and procedures if such are deemed necessary. Neither party is permitted to record any proceeding during any step in the Grievance procedure unless agreed upon.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Grievance Mediation. 11.01 At a) The Company or the Union may, within five (5) calendar days following receipt of a reply at Step 2 of the grievance procedure set out in Article 11 of the Collective Agreement, request that the other party agree that a grievance be referred to Grievance Mediation. b) A party’s refusal to agree to refer a grievance to Grievance Mediation shall not be subject to the grievance procedure or arbitration provisions set out in Article 11 of either party the following mediation process will Collective Agreement. c) A grievance shall only be used before any referred to Grievance Mediation where the grievance has been properly carried through the grievance procedure set out in Article 11 of the Collective Agreement and the Company and the Union have mutually agreed in writing to refer the grievance to Grievance Mediation. d) Where a grievance is referred to arbitration. The intent Grievance Mediation, the Grievance Mediation process shall be completed before the grievance may be referred to Arbitration in accordance with the arbitration provisions set out in Article 11 of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesCollective Agreement. 11.02 The parties e) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being referred to Grievance Mediation, unless the time limit has been extended by mutual agreement in writing between the Company and the Union. f) The parties may agree to the appointment of a Mediator through the Minister of Labour, provided that such a Mediator is able to commence the Grievance Mediation within the time period set out in (e) above, unless the time limit has been extended by mutual agreement in writing between the Company and the Union. g) Proceedings before the Mediator shall be informal, the rules of evidence shall not apply, no record of the proceedings shall be made and neither party shall be represented by legal counsel before the Mediator. h) The Mediator will have the authority to enact facilitate and recommend a resolutionnon-binding resolution of the grievance that is consistent with the Collective Agreement. The Mediator has no authority or power to compel the resolution of a grievance or to impose or require the parties to accept their suggested resolution of the grievance. 11.04 Once written notice is given, to mediate i) If a grievance is not settled through the session Grievance Mediation process after referral thereto, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days of parties with an oral advisory opinion and the appointment then the appointment will grounds for such opinion immediately following Grievance Mediation, unless both parties agree that no advisory opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at j) If a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is not reached within five (35) calendar days prior to following Grievance Mediation, the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session grievance may be submitted to Arbitration in accordance with the arbitration provisions set out in Article 11 of the Collective Agreement. No person serving as Mediator may serve as Arbitrator. k) The Grievance Mediation process is without prejudice and nothing said or withdrawndone by the Mediator or the parties during or in relation to the Grievance Mediation may be referred to at any subsequent Arbitration. Any documentation shared between the parties during the Grievance Mediation process must be treated as confidential, no copies of the documentation may be made without the permission of the party who provided the documentation and the party who was provided the documentation must immediately return it upon the completion of the Grievance Mediation. l) The Union and the Company will share any costs of the Grievance Mediation equally, except that the Union shall pay all applicable wages for time spent by any bargaining unit employee(s), including Union representatives, relating to the Grievance Mediation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. 11.01 At 1. Grievance mediation is available to the request parties after Step 4 of either party the following mediation process grievance process. 2. All grievances will be used before any grievance is referred to arbitrationmediation if requested unless the parties mutually agree not to mediate a particular grievance. 3. The intent parties shall mutually agree to use the services of the process Federal Mediation and Conciliation Services to serve in the capacity of grievance mediator. The mediator must be an experienced mediator and/or arbitrator with mediation skills. The mediator may not serve as an arbitrator for the same issue for which he or she is a mediator. 4. The mediator will be asked to provide a neutral third party who schedule of available dates. Cases will attempt to resolve the grievance be scheduled in a timely mannermanner which assures that the mediator will be able to handle multiple cases on each date, to the satisfaction of both partiesunless otherwise mutually agreed. 11.02 5. The parties will establish a list of grievant shall have the right to be present at the mediation conference. The City and the Union may each have no more than three (3) persons who additional representatives as participants in the mediation effort. Persons representing the parties shall be vested with full authority to resolve the issues being considered. 6. The mediator may employ all of the techniques commonly associated with mediation, including private caucuses with the parties. The taking of oaths and the examination of witnesses shall not be permitted, and no verbatim record of the proceeding shall be taken. The purpose of the mediation effort is to reach mutually agreeable resolution of the dispute. There will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share no procedural constraints regarding the fee review of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) facts and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single sessionagreements. There shall be no use of legal counsel or witnesses for this mediation processformal evidence rules. Any evidence which either party wishes Written materials presented to submit the mediator will be given returned to the other party presenting them at least three (3) calendar days prior the conclusion of the mediation conference. 7. Mediation efforts will be informal in nature and shall not include written opinions or recommendations from the mediator unless mutually agreed to by the parties and the mediator. In the event that a grievance which has been mediated is appealed to arbitration, there shall be no reference in the arbitration proceeding to the fact that a mediation sessionconference was or was not held. 11.06 Any concessions8. At the mediation conference the mediator shall first seek to assist the parties in reaching a mutually satisfactory settlement of the grievance which is within the parameters of the collective bargaining agreement. If a settlement is reached, discussions or offers a settlement agreement will be entered into writing at the mediation conference. The mediator shall not have the authority to settle compel the resolution of a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace9. This may be altered at the consent of both parties. Should the mediation process occur during If a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter grievance remains unresolved at the end of each the mediation session conference, the mediator may, if requested by either party, render a verbal opinion as to how the grievance is likely to be decided if it is presented at arbitration. This opinion is nonbinding and inadmissible in any subsequent arbitration proceeding. 10. If a settlement is not reached, the Union may be submitted appeal the grievance to arbitration. All applicable time limits for appealing a grievance to arbitration contained in the collective bargaining agreement shall commence on the day of the mediation conference. 11. The dates, times and places of mediation conferences will be determined by mutual agreement of the parties. Each party shall designate a representative responsible for scheduling mediation conferences. 12. The parties agree to schedule a minimum of one day a month, if necessary, for mediation efforts during the time period of this Agreement. 13. The fees and expenses, if any to be charged by the mediator shall be negotiated between him or withdrawnher and the parties. Fees and expenses for grievance mediation shall be paid equally by the City and the Union. 14. The parties agree to schedule a day of orientation and training to be attended by those individuals who will be participating in the mediation proceedings on behalf of the parties. 15. The parties agree to mutually examine and review the grievance mediation process and procedures adopted herein twelve (12) months from the date of execution of the collective bargaining agreement. The purpose of said examination and review is to revise, alter, correct or otherwise improve the grievance mediation process and procedures if such are deemed necessary. Neither party is permitted to record any proceeding during any step in the Grievance procedure unless agreed upon.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Grievance Mediation. 11.01 At (a) Where a difference arises between the request parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, either party party, with the following mediation agreement of the other party, may submit a grievance to “Grievance Mediation” at any time within thirty (30) days after the Employer’s decision has been rendered at Step 3 of the grievance procedure. Where the matter is so referred, the Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent an Arbitrator. (b) Grievance Mediation will commence within twenty-one (21) days of the process is grievance being submitted to provide mediation, or a neutral third party who will attempt to resolve longer period as agreed by the grievance in a timely manner, to the satisfaction of both parties. 11.02 The (c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, with the understanding that the parties will establish a list of three may extend the time limits fixed in the grievance procedure in accordance with Article 11.04. (3d) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share agree on a Mediator. (e) Proceedings before the fee Mediator shall be informal. Accordingly, the rules of evidence will not apply. No record of the mediatorproceedings shall be made, and either party shall not use legal counsel. 11.03 The mediation session (f) If possible, an agreed statement of facts will be attended by a maximum of four (4) representatives from provided to the union (including the grievor) Mediator, and a maximum of four (4) from regional management. The persons attending should be familiar with the content if possible, in advance of the grievance and Grievance Mediation meeting. (g) The Mediator will have the authority to enact a resolutionmeet separately with either party. 11.04 Once written notice (h) The Mediator will not be authorized to make, nor shall he/she make any decision or recommendation inconsistent with the provisions of this Agreement, or alter, modify or amend any part of this Agreement. (i) If no settlement is given, to mediate a grievance the session shall commence reached within sixty five (60) calendar days. If the appointed mediator is unavailable within sixty (605) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the appointment then collective agreement or, by mutual agreement, may appoint the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided Mediator as Arbitrator and the parties agree there should to be no limit to bound by the number decision of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation sessionMediator/Arbitrator so appointed. 11.06 Any concessions(j) The Union and the Employer will share the cost of the Mediator, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolvedif any. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievance Mediation. 11.01 At The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the request grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within ten (10) calendar days following mediation the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbitration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in item (b), or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to enact meet separately with any person or persons, but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an immediate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be (j) If no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is reached within ten (310) calendar days prior following Grievance Mediation, the parties are free to submit the mediation sessionmatter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. 11.06 (k) Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter settlement reached shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 (I) The mediation session Union and the Employer will normally be conducted at share the workplace. This may be altered at cost of the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of payMediator if any. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievance Mediation. 11.01 At If the grievance is not resolved at the Step Two, the Union may file a request for mediation with the Public Employment Relations Commission (PERC) in accordance with WAC 000-00-000, with a copy to the Labor Relations Office within thirty (30) days of receipt of the Step Two decision. In addition to all other filing requirements, the request must include a copy of either party the following mediation process will be used before any grievance is referred to arbitrationand all previous responses. The intent Employer will inform the Union, in writing, and PERC within thirty (30) days of the process is to provide a neutral third party who will attempt to resolve the grievance receipt of Mediation request if they are not in agreement. If those services are unavailable on a timely mannerbasis, to the satisfaction of both parties. 11.02 The parties will establish may request a list of three grievance mediators from the Federal Mediation and Conciliation Service (FMCS) or other agreed upon mediation provider. The cost of the mediation shall be borne equally by both parties. Step Four: Arbitration. If a satisfactory settlement is not reached at the prior step, or the step was skipped, either of the signatory parties to this Agreement may submit the grievance to binding arbitration. Such submittal must be made within thirty (30) calendar days following the written notice that the employer does not agree to Step Three (3) persons who will Mediation or the conclusion of the prior step. The parties agree to establish a permanent panel of ten (10) arbitrators. These arbitrators shall be asked to act, assigned cases by the parties on a rotating basis, as a grievance mediator. The parties shall equally share If the fee arbitrator is not available to hear the case within ninety (90) calendar days of the mediator. 11.03 The mediation session will be attended decision by a maximum of four either party to go to arbitration, the parties may contact the next arbitrator in the rotation. If no arbitrator can hear the case within ninety (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (6090) calendar days, the case will be assigned to the arbitrator who can hear the case on the earliest date. If an individual arbitrator decides to remove his/her name from the appointed mediator is unavailable within sixty (60) days panel or if one or more members of the appointment then the appointment will be given to the next mediator in turn. In additionpanel are not continued by either party, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit will meet to the number of grievances submitted for mediation at a single sessiondecide whether to substitute an additional name(s). There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three No later than seven (37) calendar working days prior to the mediation session. 11.06 Any concessionsscheduled arbitration meeting, discussions the parties will submit questions of arbitration eligibility to the arbitrator for preliminary determination, share the name of each witness intending to testify at the hearing, and attempt to agree upon the issue statement. A copy of written materials submitted to the arbitrator will be provided to the opposing party. The parties agree that the arbitrator shall have no power to render a decision that adds to, subtracts from, alters or offers modifies in any way the terms and conditions of the Agreement. The parties further agree that the decision of the arbitrator will be final and binding upon all parties. The Union or the Employer will have the right to settle request the arbitrator to require the presence of witnesses and/or documents. The arbitrator’s decision shall be made in writing and the arbitrator shall be encouraged to render the decision within thirty (30) calendar days of the close of the arbitration. In cases where a grievancegrievance is moved to arbitration and the Employer did not agree to Step Three: Grievance Mediation, which occur during the mediation process will not prejudice either party at may request a pre-arbitration should settlement conference. These conferences shall not delay the matter not arbitration process, and may be resolved. 11.07 The mediation session will normally be conducted held with or without the presence of the arbitrator, at the workplaceoption of the moving party. This may be altered at In the consent event that an arbitrator is present, the cost of both parties. Should the mediation process occur during a Nursearbitrator’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process participation shall be conditional on borne equally by the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. 11.01 At Unless the request parties agree to by-pass mediation, each case submitted to the System Board shall be submitted to mediation pursuant to the procedures outlined below. 1. Mediation proceedings conducted pursuant to this paragraph D. will be held in the city where the general offices of the Company are located or at any other location that the parties mutually agree on. 2. Mediators either will be provided by the National Mediation Board pursuant to a process agreed upon by the parties or by any other method mutually agreed upon by the parties. All mediator fees and expenses, including the cost of any conference facilities or materials, will be shared equally between the parties. Each party will bear the following cost and expenses of its participants in the mediation. 3. Cases will be scheduled for mediation conference by mutual agreement of the parties and will be heard in the order in which they were filed unless the parties agree to a different order. 4. The issue mediated will be the same as the issue the parties have failed to resolve through the grievance process. The presentation of evidence is not limited to that presented at any previous step of the grievance procedure. The rules of evidence will not apply, and no transcript of the mediation conference will be made. 5. If an individual grievant(s) does not attend, the Union will have full authority to reach agreement and to act on behalf of the grievant(s) to resolve the grievance. Non-participating observers will not be admitted except by mutual agreement of the parties. 6. Each party’s representatives at the mediation conference will be familiar with and prepared to discuss the grievance(s) scheduled for that mediation conference. 7. The mediation process will be used before any grievance is referred to arbitrationinformal. The intent mediator has authority to meet both jointly and separately with the parties; however, the mediator has no authority to compel resolution of the process grievance. 8. Upon reaching a settlement, the parties will immediately reduce it to writing, and it will be signed by the Company, the Union and the grievant, if present. 9. The record of the mediation will be closed and inadmissible in any subsequent proceeding unless a written settlement is reached, in which case the record will be admissible solely to provide a neutral third interpret or apply the settlement, if necessary. 10. Either party who will attempt to resolve may request the grievance in a timely manner, Mediator give it an oral advisory opinion. 11. Written material presented to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel Mediator or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior shall be returned to the mediation sessionparty presenting that material at the termination of the Mediation Conference. 11.06 Any concessions12. If a grievance that had been the subject of a mediation conference is subsequently heard before the System Board of Adjustment, discussions or offers to settle the mediator may not serve as the Neutral Board Member of the System Board, nor may he be called as a witness by either party in the Board’s proceedings. During the System Board proceedings on such grievance, which occur no reference will be made to the fact that the grievance was the subject of a Mediation Conference; nor will there be any reference to statements made, documents provided, or actions taken by either the Mediator or participants during the course of a mediation process conference, unless the party offering such statements, documents or actions would have had access or entitlement to them outside of the mediation conference. 13. By agreeing to schedule a mediation conference, the parties are not waiving any procedural argument(s) that they have regarding the case. Both the Company and the Union reserve the right to raise jurisdictional or procedural issues notwithstanding their agreement to schedule such conference. 14. The jurisdiction of the Mediator will not prejudice either party at arbitration should the matter not be resolvedextend to proposed changes in hours of employment, rates of compensation or working conditions. 11.07 The mediation session 15. Nothing herein will normally be conducted at preclude the workplace. This may be altered at the consent parties from agreeing to other or different methods of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of paydispute resolution. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 2 contracts

Samples: Collective Bargaining Agreement (Republic Airways Holdings Inc), Collective Bargaining Agreement (Republic Airways Holdings Inc)

Grievance Mediation. 11.01 At Either party may notify the request other in writing within seven (7) school days of either the conclusion of Level II of its desire to refer a grievance to mediation. The other party shall respond within seven (7) school days of receipt of the written notification whether or not it agrees to mediation of the grievance. The District and the Association must mutually agree to submit a grievance to mediation. If the parties agree to submit a grievance to mediation, then the timeliness and procedures contained within the grievance procedure of the Collective Bargaining Agreement which provide for the submission of a grievance to binding arbitration shall be held in abeyance until such time as written notification of appeal is provided by the Association to the District in accordance with Level IV, paragraph A. Within seven (7) working days following the agreement of the District and the Association to mediate the grievance, the Association shall so notify Mediation Research & Education Project, Inc. (MREP). MREP shall schedule a mediation process conference at the earliest possible date in consultation with the parties. Either the parties or the MREP will appoint a mediator from the panel of neutrals formally trained in mediation of grievances. The MREP will notify the mediator of his/her appointment and determine his/her willingness to serve. Mediation conferences will take place at a mutually convenient time and location. The grievant shall have the right to be present at the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference and others will be used before any grievance is referred encouraged to arbitrationparticipate as necessary. The intent of the process is to provide a neutral third party who mediator will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact meet separately with either party, but will not have the authority to compel the resolution of a resolution. 11.04 Once written notice is given, grievance. The presentation of facts and considerations shall not be limited to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days those presented at lower levels of the appointment then grievance procedure. Proceedings before the appointment will mediator shall be given to the next mediator informal in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single sessionnature. There shall be no use formal evidence rules. No transcript or record of legal counsel or witnesses for this the mediation processconference shall be made. Any evidence which either party wishes The mediator shall attempt to submit will assure that all necessary facts and considerations are revealed to him/her and be given actively involved with the parties. Written material presented to the other party at least three (3) calendar days prior mediator shall be returned to the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during party presenting that material at the termination of the mediation process will conference, except that the mediator may retain one copy of the written grievance to be used solely for the purposes of statistical analysis. The mediator shall provide the parties with an immediate oral advisory decision with respect to any grievance involving the interpretation or application of the Collective Bargaining Agreement, together with the reasons for his/her decision unless both parties agree that no decision shall be provided. The authority of the mediator is limited to an advisory decision interpreting and applying the provisions of the Collective Bargaining Agreement. The fees and expenses of the mediator and the Administrative office shall be shared equally by the parties. If no settlement is reached at mediation, the grievance may be appealed to arbitration by the Association. Written notice of such appeal must be made by the Association to the Superintendent seven (7) working days following the termination of the mediation conference. Neither parties may in arbitration acknowledge that a mediation attempt occurred or use any information obtained in mediation which was not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplacepreviously known. This level shall only be used for grievance of Board policy. If the grievance has not been adjusted to the satisfaction of the grievant within seven (7) school days after the grievance was first taken up with the Superintendent or his/her designated representative under Level II, then the grievant may be altered at request a meeting with the consent Board of both partiesDirectors for the purposes of adjustment of the grievance by submitting a written request. Should The Board of Directors will, within fifteen (15) days after receipt of the mediation process occur during written request, confer with the grievant and within seven (7) additional school days render a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted decision to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawnthe grievant in writing which will be the Board’s disposition of the grievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. 11.01 At The parties recognize the request need to resolve grievances whenever possible to xxxxxx better labor relations and to avoid the expense and delay associated with arbitration. Thus, the parties enter into this Agreement to use mediation on a trial basis in conjunction with the grievance procedure contained in Section XI. of either party the Collective Agreement. The following mediation process procedures will be used followed in the use of mediation: 1. The grievance may be presented at a Mediation Conference before any grievance it is referred to scheduled for arbitration. The intent Mediation will normally occur after Step 3, but may be scheduled after Step 4 by mutual agreement of the process parties. If mediation occurs after Step 3 it will not eliminate a Step 4 if the issue is not resolved by mediation. 2. The parties may agree to provide mediation at any time after receipt of the Company’s disposition to either Step 3 or Step 4 grievance meeting, as long as present time limits are observed. Within 15 days of such request, the parties will schedule a neutral third party who Mediation Conference to be held at the earliest available date of a member on the mediation panel. The Mediation Conference will attempt to resolve normally be held in either a Company or Union facility. Should the availability of a mediator unnecessarily delay the processing of the grievance in a timely mannerthe opinion of either party, either party may request that the mediation step be bypassed and the grievance be scheduled for Step 4 or arbitration as appropriate. 3. The spokesperson for the Company will normally be the Director-Employee Relations. A Union designee will represent the grievant and be his/her spokesperson. 4. The Mediation Conference will normally be attended by the grievant, the Local President, and the grievant’s supervisor. Attendance at the Mediation Conference shall not be limited. 5. All written material that is presented to the satisfaction mediator or to the other party shall be returned to the party presenting the material at the termination of both partiesthe mediation conference. 11.02 6. Proceedings before the mediator shall be informal in nature. The parties will establish a list presentation of three (3) persons who evidence is not limited to that which has been presented in the grievance proceedings, however, the issue mediated will be asked the same as the issue the parties have tried to actresolve through the grievance process. The rules of evidence will not apply, on and no record of the Mediation Conference shall be made. 7. The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a rotating basisgrievance. 8. The Company and Union spokespersons at the Mediation Conference may accept the resolution proposed by the mediator and such settlement or any other settlement resulting from the conference shall not be precedent setting, unless both parties agree. 9. If no settlement is reached during the Mediation Conference, the mediator shall provide the parties with an immediate oral advisory opinion, unless both parties agree that no opinion shall be provided. 10. The mediator shall state the grounds of his/her advisory opinion. 11. If no settlement is reached at the Mediation Conference, the grievance will be scheduled for Step 4, if none has occurred, or for arbitration in accordance with Section XII. Section XI: Adjustment of Grievances 12. In the event that a grievance which has been mediated subsequently is arbitrated, no person serving as a grievance mediatormediator between these parties may serve as arbitrator. Nothing said or done by the mediator may be referred to at arbitration. Any settlement proposal made by either party at the Mediation Conference shall not be referred to at the arbitration meeting. 13. The parties shall mutually agree upon a panel of Mediators. The parties may, by mutual agreement, use the Federal Mediation and Conciliation Service on a case-by-case basis. The parties agree to share equally share the fee costs associated with mediation. This agreement shall be effective for the term of the mediatornew collective bargaining agreement. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 At 7.1 The mediation procedures herein will only apply to disciplinary action consisting of suspensions of one (1) day or more and discharges which are specifically subject to arbitration. 7.2 After the filing of the request of either party for arbitration, in accordance with Article 8, the following parties may agree to use this mediation process process. 7.3 The parties will proceed to select a mediator and establish a mediation conference at the earliest date feasible to all concerned. 7.4 The mediation conference will be used before any grievance is referred to arbitration. The intent held in a mutually agreed location. 7.5 Should the availability of the process is to provide a neutral third party who will attempt to resolve mediator unnecessarily delay the processing of the grievance in a timely mannerthe opinion of either party, another mediator may be selected, or the mediation process may be bypassed, and the grievance pursued to the satisfaction of both partiesarbitration. 11.02 7.6 Each party shall have one principal spokesperson at the mediation. An attorney will not be used by either party at the mediation conference. 7.7 The parties mediation conference will establish a list normally be attended by the grievant, the Local President and those people actually involved in the mediation conference. The number of employees who shall suffer no loss in pay shall be no more than three (3) persons ). Should additional employees be necessary for the complete discovery of facts at the conference, the parties will agree in advance on the number of additional employees who will attend the conference and suffer no loss in pay. 7.8 Any written material that is presented to the mediator or to any other party shall be asked returned to act, on a rotating basis, as a the party presenting the material at the termination of the mediation conference. 7.9 Proceedings before the mediator shall be informal in nature. Normally the evidence presented would be that discussed during the grievance mediatorprocedure. The parties rules of evidence shall equally share the fee not apply, and no record of the mediatormediation conference shall be made. 11.03 7.10 The mediation session mediator will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact meet separately with any person or persons but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice 7.11 The Company and the Union spokespersons may accept or reject the resolution proposed by the mediator and such settlement or any other settlement agreement resulting from the conference shall not be precedent setting, unless both parties agree. 7.12 If no settlement is givenreached the mediator shall provide the parties with an immediate oral advisory opinion, unless both parties agree that no opinion shall be provided. 7.13 If no settlement is reached at mediation, the Union is free to mediate arbitrate, provided that the Union requests arbitration within ten (10) workdays following the conclusion of mediation by following the procedures in Article 8.1. 7.14 In the event that a grievance which has been mediated subsequently is arbitrated, no person serving as a mediator between these parties may serve as arbitrator for the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turnsame grievance. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree arbitration proceedings there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given reference to the other party fact that a mediation conference was or was not held and there shall be no reference to, or use made of any statements, oral or written, or of things done at least three (3) calendar days prior to the mediation sessionconference. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during 7.15 The fees and expenses of the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process mediator shall be conditional on shared equally by the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 13:01 At the request of either party in writing, the following mediation process will be used before any grievance is referred as a means to arbitrationresolve the matter prior to an arbitration hearing. The intent of the this process is to provide a neutral third (3rd) party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 13:02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee fees of the mediator. 11.03 13:03 The mediation session will be attended by a maximum of four two (42) representatives from the union Union (including the grievor) and a representative from the Canadian Union of Public Employees and a maximum of four (4) from regional managementRegional Management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 13:04 Once written notice is given, to mediate a grievance the mediation session shall commence within sixty forty (6040) calendar days. If the appointed mediator is unavailable within sixty forty (6040) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty forty (6040) day period then they shall appoint a substitute to attend. 11.05 13:05 Provided the parties agree there should shall be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 13:06 Any concessions, discussions discussions, evidence submitted or offers to settle a the grievance, which occur during the mediation process process, will not prejudice either party at arbitration should the matter not be resolved. 11.07 13:07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nursean employee’s scheduled hours of work s/he they will be paid her/his their normal rate of pay. 11.08 13:08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each the mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At Either party, with the request of either party the following mediation process will be used before any grievance is referred to arbitration. The intent agreement of the process is other party, may submit a to provide a neutral third party who will attempt to resolve Grievance Mediation at any time within ten (10) days after the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediatorEmployer's decision has been rendered at Step No. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance procedure. Where the matter is so referred, the Mediation process shall take place before the matter is referred Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to Mediation. Grievance Mediation process is without prejudice to any position either party may take should the matter be referred to Arbitration. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The Mediator will be from Independent Mediation Services, or with the agreement of both parties from another mediation service, must to the grievance mediation within the time set out in unless the parties mutually agree to extend the time periods for such Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. Mediator will have the authority to enact meet separately with any but will not have the authority to compel the resolution of a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar daysgrievance. If the appointed mediator no settlement is unavailable reached within sixty five (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (35) calendar days prior following Grievance Mediation, the parties are free to the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should submit the matter not be resolved. 11.07 The mediation session will normally be conducted at to Arbitration in accordance with Article In the workplaceevent that a grievance which has been mediated proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. This Nothing said or done by the Mediator may be altered referred to at Arbitration. The Union and the consent Employer will share the cost, if any, of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of payMediator. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the request grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within ten (10) calendar days following mediation the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbitration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in item (b), or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to enact meet separately with any person or persons, but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an immediate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be (j) If no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is reached within ten (310) calendar days prior following Grievance Mediation, the parties are free to submit the mediation sessionmatter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. 11.06 (k) Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter settlement reached shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 (l) The mediation session Union and the Employer will normally be conducted at share the workplace. This may be altered at cost of the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of payMediator if any. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At (a) Either party may submit the request grievance to Grievance Mediation at any time within five (5) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within five (5) calendar days following mediation process will be used the expiration of the period limited for such reply. Where the matter is so referred, the Mediation pro- cess shall take place before any grievance the matter is referred to arbitrationArbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in Item (b), or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Media- tion Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immedi- ate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within five (5) calendar days follow- ing Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration, or any documentation relied upon by either party for the first time at Grievance Mediation shall be used against it at Arbitration. (k) Any settlement reached shall not be referred to by the parties in respect of any subsequent matter and in any other setting. (l) All settlements shall be “Without Prejudice”. (m) The union and the Commission will share the cost of the Media- tor if any. A grievance which arises directly between the parties to this Agreement, which could not form a grievance to be processed under the foregoing grievance procedure by an affected employee, may be submitted in writing by the Union or the Commission to the other party, and such other party shall reply in writing within 12 calendar days following such submission. The intent of the process is parties shall attempt to provide a neutral third party who will attempt meet to resolve the grievance in a timely manner, to within 30 calendar days from the satisfaction date of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee submis- sion of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional managementgrievance. The persons attending should be familiar with the content If no resolution of the grievance and have is reached within 30 calendar days following the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days date of submission of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given griev- ance to the other party, the grieving party at least three (3) calendar days prior to the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should may submit the matter not be resolvedto Arbitration as hereinafter provided. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 10.01 At the request of either party in writing, the following mediation process will be used before for any grievance is referred to arbitration. The intent of the this process is to provide a neutral third 3rd party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 10.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee fees of the mediator. 11.03 10.03 The mediation session will be attended by a maximum of four (4) representatives from the union Union (including the grievor) and a maximum of four (4) from regional managementRegional Management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 10.04 Once written notice is given, to mediate a grievance the mediation session shall commence within sixty (60) 40 calendar days. If the appointed mediator is unavailable within sixty (60) 40 days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) 40 day period then they shall make every effort to appoint a substitute to attendsubstitute. 11.05 10.05 Provided the parties agree agree, there should shall be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 10.06 Any concessions, discussions or offers to settle a the grievance, which occur during the mediation process process, will not prejudice either party at arbitration should the matter not be resolved. 11.07 10.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nursean employee’s scheduled hours of work s/he they will be paid her/his their normal rate of pay. 11.08 10.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each the mediation session may be submitted to dealt with at arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At (a) Either party may submit the request grievance to Grievance Mediation at any time within five (5) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within five (5) calendar days following mediation process will be used the expiration of the period limited for such reply. Where the matter is so referred, the Mediation pro- cess shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbitration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in Item (b), or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Media- tion Conference. (h) The Mediator will have the authority to enact meet separately with any person or persons, but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an immedi- ate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be (j) If no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is reached within five (35) calendar days prior follow- ing Grievance Mediation, the parties are free to submit the mediation sessionmatter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration, or any documentation relied upon by either party for the first time at Grievance Mediation shall be used against it at Arbitration. 11.06 (k) Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter settlement reached shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process (I) All settlements shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn“Without Prejudice”.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 At (A) Grievance Mediation can take place in the grievance procedure at any time if agreed by both parties. Either party may submit a request to the other requesting Grievance Mediation. Mediation services through the Federal Mediation and Conciliation Services shall be used. (B) The parties agree to implement the process of either party grievance mediation for the following mediation process will be used before any grievance is referred to arbitrationduration of this agreement. The intent parties shall, during the negotiations for a successor agreement, determine if grievance mediation shall become a permanent part of the process is collective bargaining agreement. (A) SELECTION OF ARBITRATION The Union may submit in writing a request to provide a neutral third party who will attempt the P.E.L.R.B. to appoint an arbitrator to resolve said grievance in accordance with the rules and regulations within ten (10) workdays after the Pre-arbitration meeting. If the Association fails to submit such written request for the appointment of an arbitrator to the P.E.L.R.B. within said ten (10) days; the grievance in a timely manner, shall be deemed abandoned and no further action shall be taken with respect to such grievance. (B) The decision of the satisfaction of Arbitrator shall be binding upon both parties. 11.02 (C) The parties will establish a list costs for the services of three (3) persons who the Arbitrator will be asked to act, on a rotating basis, as a grievance mediatorborne by the losing party. The parties Arbitrator shall equally share designate the fee of the mediatorlosing party. 11.03 (D) The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and Arbitrator shall have the no authority to enact hold a resolutionhearing on more than one grievance at any hearing unless both Management and the Union mutually agree to the submission of multiple grievances to one Arbitrator. 11.04 Once written notice is given(E) The Arbitrator shall have no authority to render a decision, to mediate a grievance which requires the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days payment of the appointment then the appointment will be given to the next mediator in turn. In additionretroactive wages, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence adjustments, which either party wishes to submit will be given to the other party at least three (3) calendar days extend prior to the mediation session. 11.06 Any concessions, discussions or offers to settle date a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolvedhas been submitted to arbitration. 11.07 (F) The mediation session will normally be conducted at Arbitrator shall have no authority to alter in any way the workplace. This may be altered at terms and conditions of this agreement, and shall confine the consent decision to a determination of both parties. Should the mediation process occur during a Nurse’s scheduled hours facts and an interpretation and application of work s/he will be paid her/his normal rate of paythis agreement. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 At The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the request grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within ten (10) calendar days following mediation the expiration of the period limited for such reply. Where the matter is so referred, the Grievance Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbitration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted for Grievance Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may agree to extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in item (b) above, or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made, and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation taking place. (h) The Mediator will have the authority to enact meet separately with any person or persons but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an immediate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be (j) If no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is reached within ten (310) calendar days prior following Grievance Mediation, the parties are free to submit the mediation sessionmatter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator may serve as an Arbitrator if agreed upon by the parties. Nothing said or done by the Mediator may be referred to at Arbitration. 11.06 (k) Any concessions, discussions settlement reached or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter discussed shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 (l) The mediation session Union and the Company will normally be conducted at share the workplace. This may be altered at cost of the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of payMediator, if any. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the request grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within ten (10) calendar days following mediation the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbitration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in item 8.06(b) above, or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to enact meet separately with any person or persons, but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an immediate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be (j) If no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is reached within ten (310) calendar days prior following Grievance Mediation, the parties are free to submit the mediation sessionmatter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. 11.06 (k) Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter settlement reached shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 (I) The mediation session Union and the Employer will normally be conducted at share the workplace. This may be altered at cost of the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of payMediator, if any. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At Section 1. The PARTIES agree that grievance mediation may be an effective method of resolving grievances efficiently and economically by using the request services of an objective third PARTY to help the PARTIES gain mutually acceptable grievances resolutions. Grievance mediation is available after the second step of the grievances procedure if requested in accordance with the following. Section 2. If either party PARTY requests mediation, a grievance will move to mediation prior to arbitration so long as: a. Either PARTY requests mediation within 10 calendar days of receipt of the second step grievance decision; b. Grievance mediation is completed within 30 days of timely request, extensions of this time limit can be mutually agreed to (if no extension occurs, the time limit to move the grievance to arbitration resumes on the 31st day); or c. Grievance mediation will occur only in those areas where Federal Mediation and Conciliation Service (FMCS), or other mutually agreeable low cost/no cost mediators are available. Section 3. The PARTIES agree to the following mediation process procedures: a. The PARTIES will jointly select a mediator from the sources identified in 2c. b. Should mediation be unsuccessful, Arbitration time limits will begin the day following the final mediation contact. c. Proceedings before the mediator will be used before any informal. Rules of evidence shall not apply. No record of the meetings shall be made. d. In accordance with the negotiated grievance is referred procedure article, the grievant(s) will be represented by the representative(s) of their choice. Discussion will be open to arbitrationall participants (xxxxxxxx(s), management representative(s), UNION representative(s), mediator). e. While the mediator shall have no authority to impose a resolution of the grievance, either or both PARTIES may request that the mediator suggest a resolution or offer a recommendation to the PARTIES. The intent of the process is to provide a neutral third party who mediator will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolutionmeet separately with either PARTY. 11.04 Once written notice f. If a recommendation is givenadopted, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment it will be given reduced to writing, signed and implemented, and the next mediator in turn. In addition, should any of the applicable parties grievance will be unavailable within this sixty (60) day period then they shall appoint a substitute to attendconsidered concluded. 11.05 Provided the parties agree there should be no limit g. Grievances not resolved through mediation may proceed to the number of grievances submitted for mediation at a single sessionArbitration. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit Arbitration proceedings will be given to held as if grievance mediation had not occurred. Nothing said or done by the other party at least three (3) calendar days prior to PARTIES or the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur mediator during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted used or referred to during arbitration or withdrawnproceedings. h. Any materials presented to the mediator shall be returned to the PARTY presenting the materials at the termination of the mediation conference. i. Mediation conferences will be held at a location that is agreeable to the PARTIES and the mediator. By mutual consent of the PARTIES, mediation conferences may be conducted telephonically. j. No cost mediation will be used when available. Regardless of which PARTY requests mediation, mediation will not occur if it would require either PARTY to incur costs against its wishes. If it is decided that mediation is cost prohibitive, time frames for Arbitration of the grievance procedure will start the following day.

Appears in 1 contract

Samples: Master Labor Agreement

Grievance Mediation. 11.01 At The parties may mutually agree to submit non-disciplinary grievances to mediation prior to submitting the request case to the Three-Member Republic Airways Flight Attendants' System Board of either party Adjustment (Arbitration). In such event, the mediation will be subject to the following procedures: 1. Mediation proceedings conducted pursuant to this paragraph D. will be held in the city where the general offices of the Company are located or at any other location that the parties mutually agree on. 2. Should the parties mutually agree to employ the services of a mediator, the mediator either will be provided by the National Mediation Board pursuant to a process agreed upon by the parties or by any other method mutually agreed upon by the parties. All mediator fees and expenses, including the cost of any conference facilities or materials, will be shared equally between the parties. Each party will bear the cost and expenses of its participants in the mediation. 3. Cases will be scheduled for mediation conference by mutual agreement of the parties and will be heard in the order in which they were filed unless the parties agree to a different order. 4. The issue mediated will be the same as the issue the parties have failed to resolve through the grievance process. The presentation of evidence is not limited to that presented at any previous step of the grievance procedure. The rules of evidence will not apply, and no transcript of the mediation conference will be made. 5. If an individual grievant(s) does not attend, the Union will have full authority to reach agreement and to act on behalf of the grievant(s) to resolve the grievance. Non-participating observers will not be admitted except by mutual agreement of the parties. 6. Each party's representatives at the mediation conference will be familiar with and prepared to discuss the grievance(s) scheduled for that mediation conference. 7. The mediation process will be used before any grievance is referred to arbitrationinformal. The intent mediator has authority to meet both jointly and separately with the parties; however, the mediator has no authority to compel resolution of the process grievance. 8. Upon reaching a settlement, the parties will immediately reduce it to writing, and it will be signed by the Company, the Union and the grievant, if present. 9. The record of the mediation will be closed and inadmissible in any subsequent proceeding unless a written settlement is reached, in which case the record will be admissible solely to provide a neutral third interpret or apply the settlement, if necessary. 10. Either party who will attempt to resolve may request the grievance in a timely manner, Mediator give it an oral advisory opinion. 11. Written material presented to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel Mediator or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior shall be returned to the mediation sessionparty presenting that material at the termi- nation of the Mediation Conference. 11.06 Any concessions12. If a grievance that had been the subject of a mediation confer- ence is subsequently heard before the Republic Airways Flight Attendants' System Board of Adjustment, discussions or offers to settle the mediator may not serve as the Neutral Board Member of the System Board, nor may he be called as a witness by either party in the Board's proceed- ings. During the System Board proceedings on such grievance, which occur no reference will be made to the fact that the grievance was the subject of a Mediation Conference; nor will there be any reference to statements made, documents provided, or actions taken by either the Mediator or participants during the course of a mediation process conference, unless the party offering such statements, documents or actions would have had access or entitlement to them outside of the mediation conference. 00. Xx agreeing to schedule a mediation conference, the parties are not waiving any procedural argument(s) that they have regarding the case. Both the Company and the Union reserve the right to raise jurisdictional or procedural issues notwithstanding their agreement to schedule such conference. 14. The jurisdiction of the Mediator will not prejudice either party at arbitration should the matter not be resolvedextend to proposed changes in hours of employment, rates of compensation or working conditions. 11.07 The mediation session 15. Nothing herein will normally be conducted at preclude the workplace. This may be altered at the consent parties from agreeing to other or different methods of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of paydispute resolution. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 9.01 At the request of either party the following mediation process will be used before any grievance is referred to arbitration. The intent of the this process is to provide a neutral third (3rd) party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 9.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee fees of the mediator. 11.03 9.03 The mediation session will be attended by a maximum of four (4) representatives from the union Association (including the grievor) and a maximum of four (4) from regional managementRegional Management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 9.04 Once written notice is given, given to mediate a grievance grievance, the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 9.05 Provided the parties agree there should shall be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 9.06 Any concessions, discussions or offers to settle a the grievance, which occur during the mediation process process, will not prejudice either party at arbitration should the matter not be resolved. 11.07 9.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nursenurse’s scheduled hours of work s/he they will be paid her/his their normal rate of pay. 11.08 9.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each the mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the request grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within ten (10) calendar days following mediation the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbitration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in item (b) above, or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to enact meet separately with any person or persons, but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an immediate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided (j) If no settlement is reached, the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes are free to submit will be given the matter to the other party at least three Arbitration within ten (310) calendar days prior following Grievance Mediation as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the mediation sessionMediator may serve as an Arbitrator if both parties agree. Nothing said or done by the Mediator may be referred to at Arbitration. 11.06 (k) Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter settlement reached shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 (I) The mediation session Union and the Company will normally be conducted at share the workplace. This may be altered at cost of the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of payMediator, if any. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the request grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within ten (10) calendar days following mediation the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbitration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in item (b) above, or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to enact meet separately with any person or persons, but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an immediate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be (j) If no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is reached within ten (310) calendar days prior following Grievance Mediation, the parties are free to submit the mediation sessionmatter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. 11.06 (k) Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter settlement reached shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 (I) The mediation session Union and the Company will normally be conducted at share the workplace. This may be altered at cost of the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of payMediator, if any. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

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Grievance Mediation. 11.01 At Either party, with the request agreement of either party the following other party, may submit a grievance to grievance mediation at any time within ten (10) days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to grievance mediation which has not been properly carried through the grievanceprocedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree upon a mediator. Proceedings before the mediator shall be informal. Accordingly, the rules of evidence will not apply; no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be used before provided to the mediator, and, if possible, in advance of the grievance mediation conference. The mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following grievance mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as mediator shall serve as an arbitrator. Nothing said or done by the mediator may be referred to arbitrator. The Union and Employer will share the cost of the mediator, if any. Should any grievance is referred fail to be satisfactorily settled under the foregoing procedure, the Union may within ten (10) days notify the Employer in writing of its desire to submit the differenceor allegation to arbitration. The intent of Union and the process is Employer may agree upon an arbitrator to provide a neutral third party who hear the matter, and for this purpose will attempt to resolve exchange nominations. Failing agreement between the grievance in a timely manner, Union and the Employer within six (6 )days as to the satisfaction arbitrator to be appointed, the matter may be referred within four (4) days thereafter to a Board of both parties. 11.02 The parties will establish a list Arbitration composed of three (3) persons who will be asked members, and either the Union or the Employer may inform the other party in writing of its desire to act, on submit the matter to arbitration by a rotating basis, as a grievance mediatorthree (3) man board and the notice shall contain the name of the first party's appointee to an arbitration board. The parties shall equally share the fee recipient of the mediator. 11.03 The mediation session will be attended by a maximum notice shall within ten (10) days advise the other party of four (4) representatives from the union (including name of its appointee to the grievor) and a maximum of four (4) from regional managementArbitration Board. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session two (2) appointees so elected shall commence within sixty five (60) calendar days. If the appointed mediator is unavailable within sixty (605) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall second of them appoint a substitute third person who shall be Chairman. If either party fails to attend. 11.05 Provided make the required appointments within the time designated, or if the two appointees fail to agree upon a third person as Chairman, either or both parties agree may request The Office of Arbitration for the Province of Ontario to fill the vacancies. No person may act as an arbitrator who has been directly involved in attempts to negotiate or settle the grievance. Where it appears that two (2) or more employees have the same grievance or the same type of grievance, the Union shall process the grievances simultaneouslyand consecutively on all levels of the grievance, if necessary, subject to all applicableprovisions under the grievance procedure. It is understood that each griever shall have the right to make her own submission at each level of the grievance procedure. If there should be an accumulation of grievances to be referred to arbitration, one Board of Arbitration shall be constituted to deal with all such grievance disputes. The Arbitration Board shall hear and determine the difference and shall issue a decision and the decision shall be final and binding upon any employee affected by it. The decision of the majority shall be the decision of the Arbitration Board but, if there is no limit majority, the decision of the Chairman shall govern. The decision shall be discussed by the Arbitration Board with all members of the Board present before it is rendered to the number parties involved. Authority of Arbitration Board. It is understood and agreed that the Arbitration Board shall have authority only to settle disputes under the terms of this Agreement and may only interpret and apply this Agreement to the facts of the particular grievance involved. Only grievances submitted for mediation at arising from the interpretation, application, administration or alleged violation of this Agreement, including a single session. There question as to whether a matter is arbitrable, shall be no use arbitrable. In dealing with matters of legal counsel discipline, disciplinary demotion or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to transfer, the other party at least three (3) calendar days prior to the mediation session. 11.06 Any concessions, discussions conferring parties or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent Board of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process Arbitration shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.have power to:

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At Either party, with the request agreement of either party the following other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process will be used shall take place before any grievance the matter is referred to arbitrationArbitration. The intent Grievance Mediation will commence within twenty-one (21) days of the process is grievance being submitted to provide a neutral third party who will attempt mediation, or longer period as agreed by the parties. No matter may be submitted to resolve Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediatorprocedure. The parties shall equally share agree on a mediator. Proceedings before the fee Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the mediator. 11.03 The mediation session proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be attended by a maximum provided to the Mediator, and if possible, in advance of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional managementGrievance Mediation Conference. The persons attending should be familiar with the content of the grievance and Mediator will have the authority to enact a resolution. 11.04 Once written notice meet separately with either party. If no settlement is givenreached within five (5) days following Grievance Mediation, the parties are free to mediate submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the session shall commence within sixty (60) calendar daysMediator may serve as an Arbitrator. If Nothing said or done by the appointed mediator is unavailable within sixty (60) days may be referred to Arbitration. The Union and Employer will share the cost of the appointment then Mediator, if any. When either party requests that a grievance be submitted to Arbitration, the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There request shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given in writing addressed to the other party to this Agreement and shall contain the name of the first party’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten 0) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at least three (3) calendar days liberty prior to the mediation session. 11.06 Any concessionsexpiration of ten (10) days from the date of the appointment of the second of them, discussions or offers prior to the appointment of the Chair within the said period of ten days, to discuss the grievance submitted to them with a view to mutuaI settlement No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chair. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the involved. Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Organization to view any working conditions which may be relevant to the settlement of the grievance, which occur during at a reasonable time and so as not to interfere with the mediation process will not prejudice either party at arbitration should function of the matter not be resolvedOrganization. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At Section 1. The PARTIES agree that grievance mediation may be an effective method of resolving grievances efficiently and economically by using the request services of an objective third PARTY to help the PARTIES gain mutually acceptable grievances resolutions. Grievance mediation is available after the second step of the grievances procedure if requested in accordance with the following. Section 2. If either party PARTY requests mediation, a grievance will move to mediation prior to arbitration so long as: a. Either PARTY requests mediation within 10 calendar days of receipt of the second step grievance decision; b. Grievance mediation is completed within 30 days of timely request, extensions of this time limit can be mutually agreed to (if no extension occurs, the time limit to move the grievance to step two resumes on the 31st day); or c. Grievance mediation will occur only in those areas where Federal Mediation and Conciliation Service (FMCS), or other mutually agreeable low cost/no cost mediators are available. Section 3. The PARTIES agree to the following mediation process procedures: a. The PARTIES will jointly select a mediator from the sources identified in 2c. b. Should mediation be unsuccessful, Arbitration time limits will begin the day following the final mediation contact. c. Proceedings before the mediator will be used before any informal. Rules of evidence shall not apply. No record of the meetings shall be made. d. In accordance with the negotiated grievance is referred procedure article, the grievant(s) will be represented by the representative(s) of their choice. Discussion will be open to arbitrationall participants (grievant(s), management representative(s), UNION representative(s), mediator). e. While the mediator shall have no authority to impose a resolution of the grievance, either or both PARTIES may request that the mediator suggest a resolution or offer a recommendation to the PARTIES. The intent of the process is to provide a neutral third party who mediator will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolutionmeet separately with either PARTY. 11.04 Once written notice f. If a recommendation is givenadopted, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment it will be given reduced to writing, signed and implemented, and the next mediator in turn. In addition, should any of the applicable parties grievance will be unavailable within this sixty (60) day period then they shall appoint a substitute to attendconsidered concluded. 11.05 Provided the parties agree there should be no limit g. Grievances not resolved through mediation may proceed to the number of grievances submitted for mediation at a single sessionArbitration. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit Arbitration proceedings will be given to held as if grievance mediation had not occurred. Nothing said or done by the other party at least three (3) calendar days prior to PARTIES or the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur mediator during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted used or referred to during arbitration or withdrawnproceedings. h. Any materials presented to the mediator shall be returned to the PARTY presenting the materials at the termination of the mediation conference. i. Mediation conferences will be held at a location that is agreeable to the PARTIES and the mediator. By mutual consent of the PARTIES, mediation conferences may be conducted telephonically. j. No cost mediation will be used when available. Regardless of which PARTY requests mediation, mediation will not occur if it would require either PARTY to incur costs against its wishes. If it is decided that mediation is cost prohibitive, time frames for Arbitration of the grievance procedure will start the following day. Section 4. The PARTIES agree that grievance mediation is a supplement to, and not a substitute for the contractual grievance procedure. Section 5. All matters subject to the negotiated grievance procedure are appropriate for inclusion in the grievance mediation process.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 At Section 1. The PARTIES agree that grievance mediation may be an effective method of resolving grievances efficiently and economically by using the request services of an objective third PARTY to help the PARTIES gain mutually acceptable grievances resolutions. Grievance mediation is available after the second step of the grievances procedure if requested in accordance with the following. Section 2. If either party PARTY requests mediation, a grievance will move to mediation prior to arbitration so long as: a. Either PARTY requests mediation within 10 calendar days of receipt of the second step grievance decision; b. Grievance mediation is completed within 30 days of timely request, extensions of this time limit can be mutually agreed to (if no extension occurs, the time limit to move the grievance to arbitration resumes on the 31st day); or c. Grievance mediation will occur only in those areas where Federal Mediation and Conciliation Service (FMCS), or other mutually agreeable low cost/no cost mediators are available. Section 3. The PARTIES agree to the following mediation process procedures: a. The PARTIES will jointly select a mediator from the sources identified in 2c. b. Should mediation be unsuccessful, Arbitration time limits will begin the day following the final mediation contact. c. Proceedings before the mediator will be used before any informal. Rules of evidence shall not apply. No record of the meetings shall be made. d. In accordance with the negotiated grievance is referred procedure article, the grievant(s) will be represented by the representative(s) of their choice. Discussion will be open to arbitrationall participants (grievant(s), management representative(s), UNION representative(s), mediator). e. While the mediator shall have no authority to impose a resolution of the grievance, either or both PARTIES may request that the mediator suggest a resolution or offer a recommendation to the PARTIES. The intent of the process is to provide a neutral third party who mediator will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolutionmeet separately with either PARTY. 11.04 Once written notice f. If a recommendation is givenadopted, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment it will be given reduced to writing, signed and implemented, and the next mediator in turn. In addition, should any of the applicable parties grievance will be unavailable within this sixty (60) day period then they shall appoint a substitute to attendconsidered concluded. 11.05 Provided the parties agree there should be no limit g. Grievances not resolved through mediation may proceed to the number of grievances submitted for mediation at a single sessionArbitration. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit Arbitration proceedings will be given to held as if grievance mediation had not occurred. Nothing said or done by the other party at least three (3) calendar days prior to PARTIES or the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur mediator during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted used or referred to during arbitration or withdrawnproceedings. h. Any materials presented to the mediator shall be returned to the PARTY presenting the materials at the termination of the mediation conference. i. Mediation conferences will be held at a location that is agreeable to the PARTIES and the mediator. By mutual consent of the PARTIES, mediation conferences may be conducted telephonically. j. No cost mediation will be used when available. Regardless of which PARTY requests mediation, mediation will not occur if it would require either PARTY to incur costs against its wishes. If it is decided that mediation is cost prohibitive, time frames for Arbitration of the grievance procedure will start the following day. Section 4. The PARTIES agree that grievance mediation is a supplement to, and not a substitute for the contractual grievance procedure. Section 5. All matters subject to the negotiated grievance procedure are appropriate for inclusion in the grievance mediation process.

Appears in 1 contract

Samples: Master Labor Agreement

Grievance Mediation. 11.01 At Section 1. The PARTIES agree that grievance mediation may be an effective method of resolving grievances efficiently and economically by using the request services of an objective third PARTY to help the PARTIES gain mutually acceptable grievances resolutions. Grievance mediation is available after the first step of the grievances procedure if requested in accordance with the following. Section 2. The PARTIES agree that grievance mediation will occur in each grievance so long as: a. either party PARTY requests mediation within 10 calendar days of receipt of the first step grievance decision; b. grievance mediation is completed within 30 days of timely request, extensions of this time limit can be mutually agreed to (if no extension occurs, the time limit to move the grievance to step two resumes on the 31st day); or c. grievance mediation will occur only in those areas where Federal Mediation and Conciliation Service (FMCS), Federal Executive Board (FEB), DoD or other mutually agreeable low cost/no cost mediators are available. Section 3. The PARTIES agree to the following mediation process procedures: a. The PARTIES will jointly select a mediator from the sources identified in 2c. b. Should mediation be unsuccessful, second step time limits will begin the day following the final mediation contact. c. Proceedings before the mediator will be used before any informal. Rules of evidence shall not apply. No record of the meetings shall be made. d. In accordance with the negotiated grievance is referred procedure article, the grievant(s) will be represented by the representative(s) of their choice. Discussion will be open to arbitrationall participants (xxxxxxxx(s), management representative(s), UNION representative(s), mediator). e. While the mediator shall have no authority to impose a resolution of the grievance, either or both PARTIES may request that the mediator suggest a resolution or offer a recommendation to the PARTIES. The intent of the process is to provide a neutral third party who mediator will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolutionmeet separately with either PARTY. 11.04 Once written notice f. If a recommendation is givenadopted, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment it will be given reduced to writing, signed and implemented, and the next mediator in turn. In addition, should any of the applicable parties grievance will be unavailable within this sixty (60) day period then they shall appoint a substitute to attendconsidered concluded. 11.05 Provided the parties agree there should be no limit g. Grievances not resolved through mediation may proceed to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation processStep 2. Any evidence which either party wishes to submit grievance and arbitration proceedings will be given to held as if grievance mediation had not occurred. Nothing said or done by the other party at least three (3) calendar days prior to PARTIES or the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur mediator during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted used or referred to during arbitration or withdrawnproceedings. h. Any materials presented to the mediator shall be returned to the PARTY presenting the materials at the termination of the mediation conference. i. Mediation conferences will be held at a location that is agreeable to the PARTIES and the mediator. By mutual consent of the PARTIES, mediation conferences may be conducted telephonically. j. No cost mediation will be used when available. Regardless of which PARTY requests mediation, mediation will not occur if it would require either PARTY to incur costs against its wishes. If it is decided that mediation is cost prohibitive, time frames for Step 2 of the grievance procedure will start the following day. Section 4. The PARTIES agree that grievance mediation is a supplement to, and not a substitute for the contractual grievance procedure. Section 5. All matters subject to the negotiated grievance procedure are appropriate for inclusion in the grievance mediation process.

Appears in 1 contract

Samples: Master Labor Agreement

Grievance Mediation. 11.01 At The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the request grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of either party the reply at Step 3, or if no reply is received, within ten (10) calendar days following mediation the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process will be used shall take place before any grievance the matter is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesArbitration. 11.02 The parties (b) Grievance Mediation will establish a list of three commence within twenty‐one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in item (b) above, or where the parties mutually agree to extend the time periods for such Mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to enact meet separately with any person or persons, but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice is given, to mediate (i) If a grievance is not settled through the session Grievance Mediation process, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days parties with an immediate oral advisory opinion and the grounds of the appointment then the appointment will such advisory opinion, unless both parties agree that no such opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be (j) If no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is reached within ten (310) calendar days prior following Grievance Mediation, the parties are free to submit the mediation sessionmatter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. 11.06 (k) Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter settlement reached shall not be resolvedreferred to by the parties in respect of any subsequent matter and in any other setting. 11.07 (I) The mediation session Union and the Employer will normally be conducted at share the workplace. This may be altered at cost of the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of payMediator, if any. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At The mediation of a grievance (grievance-mediation) is an option that may be initiated at any time during the grievance process by mutual agreement of the parties. Grievance timelines shall be suspended during the grievance -mediation process. The grievance-mediationprocess is without prejudice and any resulting is binding on both parties. A mediator shall be chosen by mutual agreement of the parties. All costs associated with this process will be shared equally between both parties. The initial mediation session shall ensure that both parties are familiar with the grievance-mediationprocess to be used. This process shall be initiated or terminated by either party at any time with written notice. The termination of the grievance-mediation process shall result in the resumption of the grievance from the point of initial suspension as per above. Unless the parties have mutually agreed to process a grievance as per article then a difference arising between the Parties relating to the interpretation, application, administration or alleged violation of this Agreement, including a question as to whether a matter is arbitral, either party may, once the grievance procedure under Article hereof has been completed, notify the other Party in writing of its desire to submit the difference or allegation to arbitration. A grievance must be referred to arbitration within ten (1 0) working days from the date of receipt of the final reply under Article hereof and the failure to do so means that the grievance is deemed to be withdrawn. The notice shall contain the name of the first party’s nominee to the Arbitration Board and shall be delivered to the other within ten (10) working days from the date of receipt of the final reply under Article hereof. The recipient party shall, within ten (10) after receipt of the notice advise the first party of the name of its nominee to the Arbitration Board. The two (2) nominees so selected shall, within five (5) working days of the nomination of the second of them, name a third person who shall be the Chairperson of the Arbitration Board. If the Recipient Party fails to appoint an arbitrator, or if the two (2) nominees fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party party. Notwithstanding the following mediation process will above-noted clause, if the Board and the Dufferin-Peel Secondary Unit mutually agree that a particular grievance might be used before any grievance is referred to arbitration. The intent arbitrated by a single arbitrator, and if the Board and the Dufferin-Peel Secondary Unit can agree on the selection of the process is to provide a neutral third party who will attempt to resolve single arbitrator, then the grievance in may be heard by such single arbitrator instead of a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediatorperson Arbitration Board. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and that decision shall be binding upon the Parties and upon any Teacher affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson shall prevail. The powers of the Arbitration Board shall be the powers set out in the Ontario Labour Relations Act, No person may be appointed as an arbitrator who has been involved in an attempt to settle the grievance. Each of the parties shall equally bear the fees and expenses of its nominee to the Arbitration Board and shall jointly share the fee fees and expenses of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional managementChairperson. The persons attending should Board of Arbitration shall be familiar authorized to make any decision inconsistent with any Act or Regulation thereunder or the content provisions of this Agreement, nor to alter, modify or amend, add to or delete from any part of this Agreement. At any time before or the Board of Arbitration has been formed, but prior to the Arbitration Board's hearing of the grievance, the parties may settle the grievance and have withdraw the authority grievance from arbitration. Notwithstanding the procedure above, either party may request access to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days expedited arbitration under Section of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.Ontario Labour Relations Act,

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 9.01 At the request of either party the following mediation process will be used before any grievance is referred to arbitration. The intent of the this process is to provide a neutral third (3rd) party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 9.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee fees of the mediator. 11.03 9.03 The mediation session will be attended by a maximum of four (4) representatives from the union Association (including the grievor) and a maximum of four (4) from regional managementRegional Management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 9.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 9.05 Provided the parties agree there should shall be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 9.06 Any concessions, discussions or offers to settle a the grievance, which occur during the mediation process process, will not prejudice either party at arbitration should the matter not be resolved. 11.07 9.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nursenurse’s scheduled hours of work s/he they will be paid her/his their normal rate of pay. 11.08 9.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each the mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At Either party, with the request agreement of either party the following other party, may submit a grievance to grievance Mediation at any time within ten days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process will be used shall take place before any grievance the matter is referred to arbitrationArbitration. The intent Grievance mediation will commence within twenty-one days of the process is grievance being submitted to provide a neutral third party who will attempt mediation, or longer period as agreed by the parties. No matter may be submitted to resolve Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties pay extend the time limits fixed in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediatorprocedure. The parties shall equally share agree on a mediator. Proceedings before the fee Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the mediator. 11.03 The mediation session proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be attended by a maximum provided to the Mediator, and if possible, in advance of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional managementGrievance Mediation Conference. The persons attending should be familiar with the content of the grievance and Mediator will have the authority to enact a resolution. 11.04 Once written notice meet separately with either party. If no settlement is givenreached within five days following Grievance Mediation, the parties are free to mediate submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the session shall commence within sixty (60) calendar daysMediator may serve as an Arbitrator. If Nothing said or done by the appointed mediator is unavailable within sixty (60) days may be referred to Arbitration. The Union and Employer will share the cost of the appointment then Mediator, if any. When either party requests that a grievance be submitted to Arbitration, the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There request shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given in writing addressed to the other party at least three (3) calendar days prior of the Agreement, and shall contain the name of the nominee to the mediation session. 11.06 Any concessionsArbitration Board of the party requesting Arbitration. The recipient of the notice shall within ten days thereafter notify the other party in writing of the name of its nominee to the Arbitration Board. The two nominees shall endeavour within ten days to agree upon a third member and Chairman of the Arbitration Board and it is understood that if two nominees fail to agree upon a Chairman, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process Chairman shall be conditional on appointed by the agreement Ministry of both partiesLabour for the Province of Ontario. Any No person shall be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter unresolved at the end of each mediation session may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure. Each of the parties to this Agreement shall bear the fees and expenses of their own nominee and witnesses, and the fees and expenses of the Chairman shall be shared equally between the parties. The Board of Arbitration shall not be empowered to make any decision inconsistent with the provisions of this Agreement, nor shall they alter, modify or amend any part of this Agreement. Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern. representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. Any grievance involving the interpretation or application, administration or alleged violation of the Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any arbitration shall be awarded to or withdrawnagainst any party. The decision of the majority of the Arbitration Board shall be final and binding on both parties as well as upon all employees affected, but in the event there is no majority decis- ion, the decision of the Chairman shall then be the decision of the Board. At any stage of the Grievance Procedure including Arbi- tration, the parties may have the assistance of the employee or employees concerned as witnesses and other necessary witnesses. All reasonable arrangements will be made to permit the conferring parties or the Arbitrator to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At a) The Company or the Union may, within five (5) calendar days following receipt of a reply at Step 2 of the grievance procedure set out in Article 11 of the Collective Agreement, request that the other party agree that a grievance be referred to Grievance Mediation. b) A party’s refusal to agree to refer a grievance to Grievance Mediation shall not be subject to the grievance procedure or arbitration provisions set out in Article 11 of either party the following mediation process will Collective Agreement. c) A grievance shall only be used before any referred to Grievance Mediation where the grievance has been properly carried through the grievance procedure set out in Article 11 of the Collective Agreement and the Company and the Union have mutually agreed in writing to refer the grievance to Grievance Mediation. d) Where a grievance is referred to arbitration. The intent Grievance Mediation, the Grievance Mediation process shall be completed before the grievance may be referred to Arbitration in accordance with the arbitration provisions set out in Article 11 of the process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both partiesCollective Agreement. 11.02 The parties e) Grievance Mediation will establish a list of three commence within twenty-one (321) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content calendar days of the grievance being referred to Grievance Mediation, unless the time limit has been extended by mutual agreement in writing between the Company and the Union. f) The parties may agree to the appointment of a Mediator through the Minister of Labour, provided that such a Mediator is able to commence the Grievance Mediation within the time period set out in (e) above, unless the time limit has been extended by mutual agreement in writing between the Company and the Union. g) Proceedings before the Mediator shall be informal, the rules of evidence shall not apply, no record of the proceedings shall be made and neither party shall be represented by legal counsel before the Mediator. h) The Mediator will have the authority to enact facilitate and recommend a resolutionnon binding resolution of the grievance that is consistent with the Collective Agreement. The Mediator has no authority or power to compel the resolution of a grievance or to impose or require the parties to accept his or her suggested resolution of the grievance. 11.04 Once written notice is given, to mediate i) If a grievance is not settled through the session Grievance Mediation process after referral thereto, the Mediator shall commence within sixty (60) calendar days. If provide the appointed mediator is unavailable within sixty (60) days of parties with an oral advisory opinion and the appointment then the appointment will grounds for such opinion immediately following Grievance Mediation, unless both parties agree that no advisory opinion shall be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attendprovided. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at j) If a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three settlement is not reached within five (35) calendar days prior to following Grievance Mediation, the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session grievance may be submitted to Arbitration in accordance with the arbitration provisions set out in Article 11 of the Collective Agreement. No person serving as Mediator may serve as Arbitrator. k) The Grievance Mediation process is without prejudice and nothing said or withdrawndone by the Mediator or the parties during or in relation to the Grievance Mediation may be referred to at any subsequent Arbitration. Any documentation shared between the parties during the Grievance Mediation process must be treated as confidential, no copies of the documentation may be made without the permission of the party who provided the documentation and the party who was provided the documentation must immediately return it upon the completion of the Grievance Mediation. l) The Union and the Company will share any costs of the Grievance Mediation equally, except that the Union shall pay all applicable wages for time spent by any bargaining unit employee(s), including Union representatives, relating to the Grievance Mediation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 At The UNION, simultaneously with a demand for arbitration pursuant to Article 3-5 of this Agreement, may submit a written request for mediation to the request Director of either party the following mediation process will be used before any grievance is referred to arbitrationEmployee Relations. The intent grievance will proceed to mediation unless the Director of Employee Relations notifies the UNION, in writing, within ten school days that the BOARD does not agree to submit the grievance to mediation. Further, within ten school days of receiving the UNION’s demand for arbitration of a particular grievance, the Director of Employee Relations may request, in writing, that the grievance be submitted to mediation. Any such grievance will proceed to mediation unless the UNION notifies the Director of Employee Relations, in writing, within ten school days that it does not agree to submit the grievance to mediation. Grievances not submitted to mediation will proceed to arbitration in accordance with Article 3-5. Grievances submitted to mediation shall be submitted to a five-person mediation panel consisting of the process is to provide following: (a) a neutral third party who will attempt to resolve mediator selected by the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three and (3b) persons who will be asked to act, on a rotating basis, as a grievance mediatortwo permanent representatives designated by each party. The parties shall equally share the fee One of the mediator. 11.03 The mediation session will BOARD’s representatives shall be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional managementcurrent or former principal. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) Within five school days of the appointment then selection of a mediator, the appointment parties will be given contact the mediator directly and notify the mediator of his or her appointment, request available mediation dates and mutually agree to a mediation date. At least seven calendar days before the mediation session, the mediator shall mail notice of the date, time and place of the session to the next BOARD and the UNION. The mediator in turn. In addition, should for good cause shown may postpone the mediation session or extend any period of time upon request of a party or upon his or her own initiative and shall postpone the session or extend any period of time upon mutual agreement of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single sessionparties. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior Prior to the mediation session. 11.06 Any concessions, discussions the BOARD and the UNION will submit to the mediator all relevant grievance documents for the grievance or offers grievances to settle be addressed at that session. Mediation sessions will be conducted upon request of the BOARD or the UNION on an as needed basis. If appropriate, the mediation panel may make recommendations for resolution to the Chief Executive Officer and President of the UNION. If the Chief Executive Officer and President mutually agree to a resolution for a specific grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he that agreement will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted reduced to this mediation process writing, executed by the parties and implemented. All resolutions shall be conditional on non-precedential and not cited in any arbitration case or labor board, administrative or judicial proceeding. In the event of a resolution, the grievance will be withdrawn with prejudice. If the parties cannot mutually agree to a resolution, they may mutually agree to table and further mediate the grievance at a subsequent mediation session. Absent a resolution or an agreement of both partiesto table the grievance, the grievance will proceed to arbitration. Any matter unresolved at the end of each mediation session may grievance agreed to be submitted to arbitration or withdrawnmediation and not considered by the mediation panel within sixty school days after the request for mediation will be submitted to arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 9.01 At the request of either party the following mediation process will be used before any grievance is referred to arbitration. The intent of the this process is to provide a neutral third (3rd) party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 9:02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee fees of the mediator. 11.03 9:03 The mediation session will be attended by a maximum of four (4) representatives from the union Association (including the grievor) and a maximum of four (4) from regional managementRegional Management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 9:04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 9:05 Provided the parties agree there should shall be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 9:06 Any concessions, discussions or offers to settle a the grievance, which occur during the mediation process process, will not prejudice either party at arbitration should the matter not be resolved. 11.07 9:07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nursenurse’s scheduled hours of work s/he they will be paid her/his their normal rate of pay. 11.08 9:08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each the mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At If a satisfactory settlement is not reached at Step Two, the grievant with authorization from the Union may submit the written grievance within fifteen (15) calendar days to the Office of Labor Relations requesting grievance mediation. A response to the request of either party the following mediation process will be used before any issued within ten (10) days. Upon mutual agreement, the Employer and the Union shall request, within ten (10) calendar days, grievance is referred to arbitration. The intent mediation services of the process is to provide a neutral third party who will attempt to resolve the grievance in Public Employment Relations Commission (PERC). If those services are unavailable on a timely mannerbasis, to the satisfaction of both parties. 11.02 The parties will establish shall immediately request a list of three grievance mediators from the Federal Mediation and Conciliation Service (3FMCS) persons who will be asked to act, on a rotating basis, as a grievance mediatoror other agreed upon mediation provider. The parties shall equally share the fee cost of the mediator. 11.03 The mediation session will shall be attended borne equally by both parties. Step Four: Arbitration. If a maximum of four (4) representatives from satisfactory settlement is not reached at the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content prior step, either of the signatory parties to this Agreement may submit the grievance and have to binding arbitration. Such submittal must be made within thirty (30) calendar days following the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance conclusion of the session shall commence within prior step. Within sixty (60) calendar daysdays of the execution of the Agreement, the parties agree to meet to establish a permanent panel of ten (10) arbitrators. These arbitrators shall be assigned cases by the parties on a rotating basis. If the appointed mediator arbitrator is unavailable not available to hear the case within sixty ninety (6090) calendar days of the appointment then decision by either party to go to arbitration, the appointment parties will contact the next arbitrator in the rotation. If no arbitrator can hear the case within ninety (90) calendar days, the case will be given assigned to the next mediator in turnarbitrator who can hear the case on the earliest date. In addition, should any If an individual arbitrator decides to remove his/hertheir name from the panel or if one or more members of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided panel are not continued by either party, the parties agree there should be no limit will meet to the number of grievances submitted for mediation at a single sessiondecide whether to substitute an additional name(s). There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three No later than seven (37) calendar working days prior to the mediation session. 11.06 Any concessionsscheduled arbitration meeting, discussions or offers the parties will submit questions of arbitrability to settle a grievancethe arbitrator for preliminary determination, which occur during share the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted name of each witness intending to testify at the workplacehearing, and attempt to agree upon the issue statement. This A copy of written materials submitted to the arbitrator will be provided to the opposing party. The parties agree that the arbitrator shall have no power to render a decision that adds to, subtracts from, alters or modifies in any way the terms and conditions of the Agreement. The parties further agree that the decision of the arbitrator will be final and binding upon all parties. The Union or the Employer will have the right to request the arbitrator to require the presence of witnesses and/or documents. The cost of the arbitration shall be borne equally by the parties and each party shall bear the full cost of presenting its own case including any expert or attorney’s fees and costs. The arbitrator’s decision shall be made in writing and the arbitrator shall be encouraged to render the decision within thirty (30) calendar days of the close of the arbitration. In cases where a grievance is moved to arbitration and the parties did not avail themselves of Step Three: Grievance Mediation, the moving party shall have the unilateral right to demand a pre-arbitration settlement conference. These conferences shall not delay the arbitration process, and may be altered held with or without the presence of the arbitrator, at the consent option of both partiesthe moving party. Should In the mediation process occur during a Nurseevent that an arbitrator is present, the cost of the arbitrator’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process participation shall be conditional on borne equally by the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 At the request By mutual agreement of either party parties, the following mediation process will be used before any grievance is referred to arbitration. The intent of the this process is to provide a neutral third 3rd party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee fees of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union Union (including the grievor) and a maximum of four (4) from regional managementRegional Management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. 11.04 Once written notice is given, to mediate a grievance the session shall commence within sixty (60) 40 calendar days. If the appointed mediator is unavailable within sixty (60) 40 days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) 40-day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree there should shall be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 Any concessions, discussions or offers to settle a the grievance, which occur during the mediation process process, will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nursean employee’s scheduled hours of work s/he they will be paid her/his their normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each the mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At any stage in the request of either party grievance procedure, the following mediation process will be used before any grievance is referred to arbitration. The intent of the process is to provide a neutral third party who will attempt parties by mutual consent in writing may elect to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a by using grievance mediatormediation. The parties shall equally share agree on the fee individual to be the Mediator and the timeframe in which a resolution is to be reached. The timelines outlined in the grievance procedure shall be frozen at the time that the parties mutually agree in writing to use the grievance mediation procedure. Upon written notification of either party to the other party indicating that the grievance mediation is terminated, the timelines in the grievance shall continue from the point at which they were frozen. The party desiring arbitration shall notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional managementfirst party’s appointee to an Arbitration Board. The persons attending should be familiar with recipient shall, within five (5) days, inform the content other party either that if accepts the other party’s appointee as a single arbitrator, or inform the other party of the grievance and have name of its appointee to the authority to enact a resolution. 11.04 Once written notice is givenArbitration Board. Where two appointees are selected, to mediate a grievance the session shall commence they shall, within sixty five (60) calendar days. If the appointed mediator is unavailable within sixty (605) days of the appointment then of the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall second of them, appoint a substitute to attend. 11.05 Provided the parties agree there should be no limit to the number of grievances submitted for mediation at a single session. There third person who shall be no use the Chairperson. If the recipient of legal counsel the notice fails to appoint an Arbitrator or witnesses for if the two appointees fail to agree upon a Chair person within five (5) days, the appointment shall be made by the Minister of Labour upon request by either party. The single Arbitrator or Board of Arbitration shall have the power to amend the grievance, relieve against timelines, modify penalties, (including discharge and disciplinary penalties), and take whatever action or make whatever decision it considers just and equitable in the circumstances. The Arbitrator or Arbitration Board, as the case may be, shall not by their or its decision, add to, delete from, modify or otherwise amend the provisions of this mediation processAgreement. Any evidence which either party wishes No person shall be appointed as an Arbitrator who has been involved in an attempt to submit will be given to the other party at least three (3) calendar days prior to the mediation session. 11.06 Any concessions, discussions negotiate or offers to settle a grievance, which occur during grievance under the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This provisions of Article Time restrictions within Article may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of payextended if mutually agreed upon in writing. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Agreement

Grievance Mediation. 11.01 At Section 1. The PARTIES agree that grievance mediation may be an effective method of resolving grievances efficiently and economically by using the request services of an objective third PARTY to help the PARTIES gain mutually acceptable grievances resolutions. Grievance mediation is available after the second step of the grievances procedure if requested in accordance with the following. Section 2. If either party PARTY requests mediation, a grievance will move to mediation prior to arbitration so long as: a. Either PARTY requests mediation within 10 calendar days of receipt of the second step grievance decision; b. Grievance mediation is completed within 30 days of timely request, extensions of this time limit can be mutually agreed to (if no extension occurs, the time limit to move the grievance to arbitration resumes on the 31st day); or c. Grievance mediation will occur only in those areas where Federal Mediation and Conciliation Service (FMCS), or other mutually agreeable low cost/no cost mediators are available. Section 3. The PARTIES agree to the following mediation process procedures: a. The PARTIES will jointly select a mediator from the sources identified in 2c. b. Should mediation be unsuccessful, Arbitration time limits will begin the day following the final mediation contact. c. Proceedings before the mediator will be used before any informal. Rules of evidence shall not apply. No record of the meetings shall be made. d. In accordance with the negotiated grievance is referred procedure article, the grievant(s) will be represented by the representative(s) of their choice. Discussion will be open to arbitrationall participants (xxxxxxxx(s), management representative(s), UNION representative(s), mediator). e. While the mediator shall have no authority to impose a resolution of the grievance, either or both PARTIES may request that the mediator suggest a resolution or offer a recommendation to the PARTIES. The intent of the process is to provide a neutral third party who mediator will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolutionmeet separately with either PARTY. 11.04 Once written notice f. If a recommendation is givenadopted, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment it will be given reduced to writing, signed and implemented, and the next mediator in turn. In addition, should any of the applicable parties grievance will be unavailable within this sixty (60) day period then they shall appoint a substitute to attendconsidered concluded. 11.05 Provided the parties agree there should be no limit g. Grievances not resolved through mediation may proceed to the number of grievances submitted for mediation at a single sessionArbitration. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit Arbitration proceedings will be given to held as if grievance mediation had not occurred. Nothing said or done by the other party at least three (3) calendar days prior to PARTIES or the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur mediator during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted used or referred to during arbitration or withdrawnproceedings. h. Any materials presented to the mediator shall be returned to the PARTY presenting the materials at the termination of the mediation conference. i. Mediation conferences will be held at a location that is agreeable to the PARTIES and the mediator. By mutual consent of the PARTIES, mediation conferences may be conducted telephonically. j. No cost mediation will be used when available. Regardless of which PARTY requests mediation, mediation will not occur if it would require either PARTY to incur costs against its wishes. If it is decided that mediation is cost prohibitive, time frames for Arbitration of the grievance procedure will start the following day. Section 4. The PARTIES agree that grievance mediation is a supplement to, and not a substitute for the contractual grievance procedure. Section 5. All matters subject to the negotiated grievance procedure are appropriate for inclusion in the grievance mediation process.

Appears in 1 contract

Samples: Master Labor Agreement

Grievance Mediation. 11.01 At Section 1. The PARTIES agree that grievance mediation may be an effective method of resolving grievances efficiently and economically by using the request services of an objective third PARTY to help the PARTIES gain mutually acceptable grievances resolutions. Grievance mediation is available after the second step of the grievances procedure if requested in accordance with the following. Section 2. If either party PARTY requests mediation, a grievance will move to mediation prior to arbitration so long as: a. Either PARTY requests mediation within 10 calendar days of receipt of the second step grievance decision; b. Grievance mediation is completed within 30 days of timely request, extensions of this time limit can be mutually agreed to (if no extension occurs, the time limit to move the grievance to step two resumes on the 31st day); or c. Grievance mediation will occur only in those areas where Federal Mediation and Conciliation Service (FMCS), or other mutually agreeable low cost/no cost mediators are available. Section 3. The PARTIES agree to the following mediation process procedures: a. The PARTIES will jointly select a mediator from the sources identified in 2c. b. Should mediation be unsuccessful, Arbitration time limits will begin the day following the final mediation contact. c. Proceedings before the mediator will be used before any informal. Rules of evidence shall not apply. No record of the meetings shall be made. d. In accordance with the negotiated grievance is referred procedure article, the grievant(s) will be represented by the representative(s) of their choice. Discussion will be open to arbitrationall participants (grievant(s), management representative(s), UNION representative(s), mediator). e. While the mediator shall have no authority to impose a resolution of the grievance, either or both PARTIES may request that the mediator suggest a resolution or offer a recommendation to the PARTIES. The intent of the process is to provide a neutral third party who mediator will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. 11.02 The parties will establish a list of three (3) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fee of the mediator. 11.03 The mediation session will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolutionmeet separately with either PARTY. 11.04 Once written notice f. If a recommendation is givenadopted, to mediate a grievance the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment it will be given reduced to writing, signed and implemented, and the next mediator in turn. In addition, should any of the applicable parties grievance will be unavailable within this sixty (60) day period then they shall appoint a substitute to attendconsidered concluded. 11.05 Provided the parties agree there should be no limit g. Grievances not resolved through mediation may proceed to the number of grievances submitted for mediation at a single sessionArbitration. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit Arbitration proceedings will be given to held as if grievance mediation had not occurred. Nothing said or done by the other party at least three (3) calendar days prior to PARTIES or the mediation session. 11.06 Any concessions, discussions or offers to settle a grievance, which occur mediator during the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted used or referred to during arbitration or withdrawnproceedings. h. Any materials presented to the mediator shall be returned to the PARTY presenting the materials at the termination of the mediation conference. i. Mediation conferences will be held at a location that is agreeable to the PARTIES and the mediator. By mutual consent of the PARTIES, mediation conferences may be conducted telephonically. j. No cost mediation will be used when available. Regardless of which PARTY requests mediation, mediation will not occur if it would require either PARTY to incur costs against its wishes. If it is decided that mediation is cost prohibitive, time frames for Arbitration of the grievance procedure will start the following day.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Mediation. 11.01 At ‌ 7.1 The mediation procedures herein will only apply to disciplinary action consisting of suspensions of one (1) day or more and discharges which are specifically subject to arbitration. 7.2 After the filing of the request of either party for arbitration, in accordance with Article 8, the following parties may agree to use this mediation process process. 7.3 The parties will proceed to select a mediator and establish a mediation conference at the earliest date feasible to all concerned. 7.4 The mediation conference will be used before any grievance is referred to arbitration. The intent held in a mutually agreed location. 7.5 Should the availability of the process is to provide a neutral third party who will attempt to resolve mediator unnecessarily delay the processing of the grievance in a timely mannerthe opinion of either party, another mediator may be selected, or the mediation process may be bypassed, and the grievance pursued to the satisfaction of both partiesarbitration. 11.02 7.6 Each party shall have one principal spokesperson at the mediation. An attorney will not be used by either party at the mediation conference. 7.7 The parties mediation conference will establish a list normally be attended by the grievant, the Local President and those people actually involved in the mediation conference. The number of employees who shall suffer no loss in pay shall be no more than three (3) persons ). Should additional employees be necessary for the complete discovery of facts at the conference, the parties will agree in advance on the number of additional employees who will attend the conference and suffer no loss in pay. 7.8 Any written material that is presented to the mediator or to any other party shall be asked returned to act, on a rotating basis, as a the party presenting the material at the termination of the mediation conference. 7.9 Proceedings before the mediator shall be informal in nature. Normally the evidence presented would be that discussed during the grievance mediatorprocedure. The parties rules of evidence shall equally share the fee not apply, and no record of the mediatormediation conference shall be made. 11.03 7.10 The mediation session mediator will be attended by a maximum of four (4) representatives from the union (including the grievor) and a maximum of four (4) from regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact meet separately with any person or persons but will not have the authority to compel the resolution of a resolutiongrievance. 11.04 Once written notice 7.11 The Company and the Union spokespersons may accept or reject the resolution proposed by the mediator and such settlement or any other settlement agreement resulting from the conference shall not be precedent setting, unless both parties agree. 7.12 If no settlement is givenreached the mediator shall provide the parties with an immediate oral advisory opinion, unless both parties agree that no opinion shall be provided. 7.13 If no settlement is reached at mediation, the Union is free to mediate arbitrate, provided that the Union requests arbitration within ten (10) workdays following the conclusion of mediation by following the procedures in Article 8.1. 7.14 In the event that a grievance which has been mediated subsequently is arbitrated, no person serving as a mediator between these parties may serve as arbitrator for the session shall commence within sixty (60) calendar days. If the appointed mediator is unavailable within sixty (60) days of the appointment then the appointment will be given to the next mediator in turnsame grievance. In addition, should any of the applicable parties be unavailable within this sixty (60) day period then they shall appoint a substitute to attend. 11.05 Provided the parties agree arbitration proceedings there should be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given reference to the other party fact that a mediation conference was or was not held and there shall be no reference to, or use made of any statements, oral or written, or of things done at least three (3) calendar days prior to the mediation sessionconference. 11.06 Any concessions, discussions or offers to settle a grievance, which occur during 7.15 The fees and expenses of the mediation process will not prejudice either party at arbitration should the matter not be resolved. 11.07 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during a Nurse’s scheduled hours of work s/he will be paid her/his normal rate of pay. 11.08 Any resolution for grievances submitted to this mediation process mediator shall be conditional on shared equally by the agreement of both parties. Any matter unresolved at the end of each mediation session may be submitted to arbitration or withdrawn.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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