Level IV - Mediation a. If the grievance is not resolved to the satisfaction of the Grievant at Level III, the Grievant may appeal, within ten (10) days of the delivery of the Level III decision, the grievance to Level IV.
b. In such case, the Association and the District will mutually agree upon the identification of a mediator. Upon appointment of the mediator, mediation shall be scheduled according to the availability of the mediator and the parties.
c. The mediation process shall be completed within twenty (20) days following the Grievant’s appeal to Level IV, unless the parties mutually agree to extend the twenty- (20) day time requirement.
d. If an agreement is reached, the agreement shall be written and shall be signed by all the parties to the mediation. All settlement agreements shall be non-precedential and shall constitute only a settlement of the particular grievance.
Level IV - Mediation. If the grievance is not adjusted at Level III, the Association may submit a written request to the Superintendent or designee for mediation within ten (10) days of the Level III response. Upon receipt of the request for mediation by the Superintendent or designee, the District and Association shall jointly submit a request for the services of a mediator from the California State Mediation and Conciliation Service. During the pendency of mediation, the time lines for further processing of the grievance shall be stayed.
Level IV - Mediation. (a) If the grievant and the Association are not satisfied with the disposition at Level III, the Association may, within ten (10) working days of receipt of the Level III response, appeal in writing to the Board requesting FMCS mediation. If either party rejects mediation, it must communicate such rejection to the other party in writing within ten (10) working days of the Level III response, or the appeal to mediation, whichever is applicable. The rejecting party must provide a reason for the rejection, which will be accepted. If mediation is rejected, the Board step (below) will be held.
(b) The parties will mutually agree to a mediator. If unable to do so, the Association shall ask FMCS to appoint a mediator. The mediation will be conducted pursuant to the FMCS rules. A Board member will participate in the mediation, if possible.
Level IV - Mediation. 7 13.3.3.1 Request for Mediation 8 In the event that the grievant is not satisfied with the 9 decision at Level II, they, within five (5) days, may 10 request in writing that the Association submit the matter 11 to mediation. Within five (5) days of the request of the 12 grievant, the Association may notify the Superintendent 13 in writing of a request for the services of a State 14 mediator. The district shall then contact the California 15 State Mediation and Conciliation Service within ten (10) 16 days and request that a mediator be provided.
17 13.3.3.2 Mediation 18 At the onset of mediation sessions, the mediator shall be 19 presented with positions of both parties and shall attempt 20 to mediate the disagreement.
21 13.3.3.3 Mutual Agreement 22 The parties shall attempt to reach agreement through 23 mediation within fifteen (15) days. If mutual agreement 24 by the parties is reached, that agreement shall be reduced 25 to writing and signed as final and binding.
26 13.3.3.4 Fees and Expenses 27 Any fees or expenses incurred shall be borne by the party 28 incurring them.
Level IV - Mediation. A. It is the understanding of the District and the Union that the State Mediation and Conciliation Service (SMCS) is at no cost. In the event the SMCS charges for these services in the future, the District and the Union will share the cost equally.
B. If there is no mutual agreement for mediation between the District and the Union within 15 days of the Level III decision, the District or the Union may proceed to Level V, Binding Arbitration.
Level IV - Mediation. If the decision by the Board at Level III does not resolve the grievance, the grievance may be appealed to the Federal Mediation and Conciliation Services (FMCS) for mediation. The Notice of Appeal to mediation shall be submitted to the Superintendent within ten (10) working days from the receipt of the Superintendent’s written response to the grievance. The parties must mutually agree to utilize this step. Upon mutual agreement to utilize the mediation process, the parties will first attempt to agree on a FMCS mediator. If unable to agree, the parties will request for FMCS to appoint a mediator. The mediation will be conducted pursuant to FMCS Rules and Regulations. Should the grievance not be resolved in mediation, the grievance may proceed to Step V.
Level IV - Mediation. (Optional) Prior to the submission of a grievance to Level V, either CSEA or the District may request that the parties utilize the services of the State Conciliation Service for mediation and recommendation regarding the outcome of the grievance. Such request shall be made within 15 days of receipt of the Superintendent/President's proposed decision. If a satisfactory resolution of the grievance is achieved by means of this mediation process, both parties to the grievance shall sign a written statement to that effect and shall waive any right to a further appeal of the grievance.
Level IV - Mediation. A. If the Union is not satisfied with the decision at Level III, the union may request the matter be submitted to mediation or other dispute resolution methods. If the dispute is resolved during mediation, the agreed upon resolution shall be final and binding.
B. It is the understanding of the District and the Union that the State Mediation and Conciliation Service (SMCS) is at no cost. In the event the SMCS charges for these services in the future, the District and the Union will share cost equally.
C. If there is no mutual agreement for mediation or other dispute resolution methods between the District and the Union within fifteen (15) days of the Level III decision, the District or the Union may proceed to Level V, Binding Arbitration.
Level IV - Mediation. 1. If the Level III decision is not satisfactory to the grievant, the grievant may request that the grievance be submitted to mediation (Level IV) with the FMCS by written communication through the Superintendent, with a copy to the Union President, within twelve (12) work days of the Level III decision.
2. The FMCS mediator (Level IV) shall have the right to schedule and conduct meetings as needed. The FMCS mediator shall not have the authority to issue any decision and/or bind either party to any resolution. Mediation discussions shall be confidential and shall not be used by either party should the dispute not be resolved and is advanced to arbitration (Level V).
Level IV - Mediation. 6.5.1 The Association will, within ten (10) days after the receipt of the request, submit the grievance to mediation by so notifying the President in writing.
6.5.1.1 The timelines for submitting a grievance to arbitration shall be held in abeyance.
6.5.1.2 The Association shall request a list of mediators from either the Federal Mediation and Conciliation Service (FMCS) or American Arbitration Association (AAA). The College and the Association will by alternately striking names from the list until a mediator is determined.
6.5.1.3 The presentation of facts and considerations shall not be limited to those presented in prior steps of the grievance procedure. Proceedings before the mediator shall be informal in nature. There shall be no formal rules of evidence, transcript, or record of the mediation conference.
6.5.1.4 The mediator will not have the authority to compel the resolution of the grievance.
6.5.1.5 If no settlement is reached at mediation, the grievance may be appealed to arbitration in accordance with Level V of this agreement.
6.5.1.6 In the event that a grievance, which has been mediated, is appealed to arbitration the mediator may not serve as arbitrator. No reference shall be made in the arbitration hearing to the mediation conference and nothing said or done by the mediator or the parties beyond the scope of the facts of the grievance may be entered into evidence at the arbitration hearing.
6.5.1.7 Any costs for the services of the mediator shall be shared equally by the College and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expenses of witnesses called by the other.
