Level 3 – Mediation a) If the grievant is not satisfied with the disposition of the grievance or if no disposition has occurred within the timelines specified for Level 2, within ten (10) days of receipt of the Level 2 response, the grievant may submit a written request to the Association to refer the grievance to mediation. The grievant and the Association shall provide a simultaneous copy of the request to the Assistant Superintendent of Human Resources.
b) Within (10) days of the request for mediation, the District and Association shall notify one another in writing if it agrees to or waives mediation. If either party opts to waive mediation the Association may proceed directly to the arbitration level (11.3.2.4).
c) If the Association agrees to refer the grievance to mediation, and the District concurs, then the parties shall attempt to agree to a mediator. If the parties are unable to agree upon a mediator within 10 days, the Association shall request that the California State Mediation/Conciliation Service (CSMCS) assign a mediator to attempt to resolve the grievance. The Association will provide a copy of its request for assignment of a mediator to the Assistant Superintendent of Human Resources.
d) Mediation is advisory and not binding upon the parties, unless the parties reach an agreement. Any agreement reached in mediation shall be reduced to writing, signed by the parties and binding on the parties, including the grievant(s).
e) The costs of the mediator will be borne equally by the District and the Association.
f) In the event that the grievant, the Association and the Assistant Superintendent of Human Resources or her/his designee have not resolved the grievance with the assistance of the mediator within twenty (20) days from the first meeting held by the mediator, either the Association or the District may terminate mediation. If either Party or the mediator terminates mediation, the grievance may proceed to Level Four. However, the Parties may mutually agree in writing to extend the mediation timelines.
Level 3 – Mediation. If the Association agrees to refer the grievance to mediation, within ten (10) days of receipt of the grievant’s written request, the Association shall request that the California State Mediation/Conciliation Service (CSMCS) assign a mediator to attempt to resolve the grievance. The Association will provide a copy of its request for assignment of a mediator to the Superintendent.
Level 3 – Mediation. If the parties do not mutually agree to mediation, the parties may proceed to arbitration.
17.5.3.1 Within fifteen (15) days after the Association has submitted the grievance to mediation, the Association and the District shall attempt to agree upon a mediator. If they are unable to agree upon a mediator, the District shall request a list of mediators from the State Conciliation and Mediation Service and/or the American Arbitration Association. Mediation shall be conducted within thirty (30) days or as soon thereafter as all parties' schedules permit.
17.5.3.2 The purpose of the mediation is to attempt to resolve the grievance in its entirety pursuant to the agreement of the Association and the District. If the mediation does not successfully resolve the dispute, the Association may, within ten (10) days of the termination of mediation, as determined by the mediator, submit the matter to Level 4 Binding Arbitration.
Level 3 – Mediation. 9.5.1 Within ten (10) working days after receipt of the Superintendent/designee decision, the Union on the behalf of the aggrieved may request in writing that the grievance be submitted to mediation.
9.5.2 The Associate Superintendent for Chief Human Resources Officer shall request that the State Mediation and Conciliation Service send a mediator to the District to attempt to resolve the disagreement.
9.5.3 Both the District and the Union shall participate in the mediation process in a good faith attempt to resolve the issue.
9.5.4 All costs of the mediation process shall be shared by the District and the Union equally.
Level 3 – Mediation. If the grievant and/or the Association are not satisfied with the 400 disposition of the grievance, or if no disposition had occurred pursuant 401 to the provisions of Xxxxx 0, the Association and the District may 402 agree to refer the grievance to mediation.
Level 3 – Mediation. 12.5.1. If the grievant(s) is/are not satisfied with the written decision at Level 2, he/she may move the grievance to mediation within ten (10) days after the written response from the Superintendent was due. This filing shall include a copy of the original grievance and appeals, and a clear, concise statement of the reasons for the appeal to Level 3. Within ten (10) days of receiving the Level 3 grievance, the District and Association shall refer the files to mediation.
Level 3 – Mediation. 9.2.3.1 The Association shall request that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any other mutually agreeable recognized resolution center, be assigned to assist the parties in the resolution of the grievance.
9.2.3.2 The mediator, within ten (10) days of the assignment, shall meet with the grievant, the Association and the District for the purpose of resolving the grievance.
9.2.3.3 If an agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District. This agreement shall be non-precedential and shall constitute a settlement of the grievance.
9.2.3.4 In the event that the grievant, the Association and the Superintendent or his/her designee have not resolved the grievance with the assistance of the conciliator/mediator within ten (10) days of the first meeting held by the conciliator/mediator, the Association may terminate Level 3 and the grievance may proceed to Level 4, unless an extension of time has been agreed to in writing by all parties at interest.
Level 3 – Mediation. If the grievant is not satisfied with the disposition of the grievance, she/he may, within five
Level 3 – Mediation.
8.5.1 If the employee disagrees with the General Manager’s or designee’s preliminary decision, the employee shall have the right to request that an independent mediator from the State Mediation and Conciliation Service be appointed to mediate the matter. A written request for mediation shall be made by the employee within ten (10) business days after the General Manager’s or designee’s written decision. The mediation shall be scheduled and completed as expeditiously as practicable. If the mediation does not result in an amicable resolution of the grievance, the parties shall ask the Mediator to issue written findings containing their suggested result. The Mediator’s suggested result shall be advisory only. The General Manager or designee shall consider the advisory recommendations, and render a final and binding decision regarding the grievance within ten (10) business days of receipt of the mediator’s advisory findings.
8.5.2 The decision of the General Manager or designee shall be final.
Level 3 – Mediation. If the aggrieved is not satisfied with the resolution suggested at Level 2, he/she may request grievance mediation within five (5) work days of receipt of a written response from the Superintendent. If the parties agree on mediation, they will utilize the assistance of a Federal Mediation and Conciliation Services mediator.
