MEDIATION – ARBITRATION PROCESS Sample Clauses
The Mediation–Arbitration Process clause establishes a two-step dispute resolution mechanism, requiring parties to first attempt to resolve their disagreements through mediation before proceeding to arbitration if mediation fails. In practice, this means that if a conflict arises under the contract, the parties must engage a neutral mediator to facilitate a voluntary settlement; if no agreement is reached, the dispute is then submitted to binding arbitration for a final decision. This clause ensures that parties have an opportunity to resolve issues amicably and efficiently before resorting to more formal and potentially costly arbitration, thereby promoting quicker and less adversarial resolutions.
MEDIATION – ARBITRATION PROCESS. Notwithstanding the provisions of Article 7 of the Collective Agreement, the Employer and the Union may mutually agree to refer a grievance to the Mediation-Arbitration Process set out herein. Any grievance that the parties do not agree to refer to this Process will be dealt with in accordance with Article 7 of the Collective Agreement.
MEDIATION – ARBITRATION PROCESS. (a) The process will begin with the signing of this Collective Agreement and remain in effect until either party gives sixty (60) days written notice that they want to end the agreement, grievances already slated for hearing must be followed through on regardless of notice given.
(b) The parties will agree on two (2) arbitrators in each Province to hear mutually agreed upon cases to be brought forward to mediation-arbitration. The Union shall select one
(1) arbitrator and the Corporation shall select one (1) arbitrator.
(c) The selected arbitrators shall be used on a rotational basis within each region.
(d) Once a Province has five (5) or more non-dismissal grievances that they mutually agree to proceed with a date shall be set to hold a hearing. The cases scheduled for Mediation- Arbitration will be agreed upon by the parties no later than the 15th of the preceding month when such is possible.
(e) Any and all fees charged by, or costs incurred by, the Mediator- Arbitrator, shall be shared equally between the Corporation and the Local Union.
(f) Any settlements reached in the mediation phase shall be without prejudice to either party, and shall not be regarded as an admission of liability by either the Corporation or the Union.
(g) Should any dispute not be settled in the mediation phase, it may be progressed by either the Corporation or the Union to the expedited arbitration phase.
(h) The jurisdiction of the Mediator-Arbitrator shall extend and be limited to solely the mediation and expedited arbitration of specific disputes respecting the meaning or alleged violation of any one or more provisions of a valid subsisting collective agreement between the Union and the Corporation, or pertinent legislation, including any claims related to such provisions than an employee/ Owner Operator has been unjustly or excessively disciplined.
(i) This special mediation-expedited arbitration process will be conducted in accordance with the instructions of the Mediator-Arbitrator, or as otherwise agreed to by the parties at the time of the commencement of the proceedings.
(j) Should a case not be resolved by mediation, either party may refer the matter to the Mediator-Arbitrator for final and binding resolution. The submissions of the parties shall be limited to oral presentations are limited to a maximum duration of thirty (30) minutes (including rebuttal) for each party, per case.
(k) Each party reserves the right to submit evidence in support of their presentations.
(...
MEDIATION – ARBITRATION PROCESS. In Disciplinary Grievances, there will be no System Board of Adjustment or Arbitration as described above. Instead, after Step 3, all Disciplinary Grievances will proceed to Mediation/Arbitration as the final and binding step. The only exception is Disciplinary Grievances involving loss of pay (i.e., disciplinary days off). In those cases, either side will have the option to take the case directly to Arbitration by notifying the other side within ten (10) working days of receiving the Step 3 decision from Labor or his designee. By mutual agreement, the parties can also have any Contractual or Discharge/Work Rule Grievance heard in this Mediation/Arbitration process. During the Mediation/Arbitration Process the parties will present a series of Disciplinary Grievances to a Mediator/Arbitrator. After hearing the cases, the Mediator/Arbitrator will first act as a mediator and assist the parties towards a resolution of the Disciplinary Grievances on a precedent setting basis, unless the parties mutually agree to make the settlement of any Disciplinary Grievance non-precedent/non- referable. If any of the Disciplinary Grievances cannot be settled during the mediation phase, the Mediator/Arbitrator will have the power to render a final, binding and precedent-setting decision similar to an arbitration award in accordance with the limitations set forth in Paragraph #17 below. Such decision(s) shall be rendered verbally to the parties at the conclusion of the Mediation/Arbitration session and in writing not to exceed one (1) page in length per case within seven (7) calendar days from the conclusion of the Mediation/Arbitration session. Each day of Mediation/Arbitration shall last no longer than eight (8) hours unless the parties mutually agree to extend the time and no more than ten (10) Disciplinary Grievances shall be heard per day unless mutually agreed otherwise. The Union will advise the Company of which Disciplinary Grievances will be heard in the Mediation/Arbitration session at least fifteen (15) working days prior to that session. The parties recognize and understand that the purpose of this Mediation/Arbitration process is to obtain resolution of Disciplinary Grievances in the most expeditious and cost-effective manner possible.
MEDIATION – ARBITRATION PROCESS. Where either the Complainant, the Alleged Offender, or the Union are not satisfied with the Plant Manager’s response, the complaint will, within thirty (30) days, be put before a mutually agreed upon Mediator/Arbitrator who specializes in cases of harassment or sexual harassment. The Mediator/Arbitrator shall have the right to:
(i) dismiss the complaint;
(ii) determine the appropriate level of corrective action or discipline to be applied to the Offender; and,
(iii) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
MEDIATION – ARBITRATION PROCESS. Subject to mutual agreement, grievances not resolved at Stage 2 of the grievance procedure will be resolved in the following Mediation ‐ Arbitration process:
MEDIATION – ARBITRATION PROCESS. As an alternative to the procedures described at STAGE 4 in Article 28.6 the parties may choose to proceed with final disposition of a grievance by the following provisions and agreed as being in conformity with the provisions of Article 28.10 of this agreement. the use of Mediation/Arbitration under 2. This alternative shall be implemented within the provisions of Appendix 2 of this Agreement and agreed as being in conformity with the provisions of Article 28.10
MEDIATION – ARBITRATION PROCESS. 1. The parties to the Collective Agreement may, at any time, agree to refer one or more grievances under the Collective Agreement to a single mediator/arbitrator for the purpose of resolving the grievances in an expeditious and informal manner.
2. The parties shall not refer a grievance to a mediator/arbitrator unless they have agreed upon the nature of any issues in dispute.
3. A mediator/arbitrator appointed under the above Article shall begin proceedings within forty-five (45) days of referral to mediation/arbitration, unless, a later date is agreed to by the parties.
4. The mediator/arbitrator may adopt such procedures as are necessary to allow an expeditious resolution of the issue in dispute. Decisions by a mediator/arbitrator may be made in such a manner as the mediator/arbitrator chooses; however, a written decision shall be made at the request of either party.
5. In every such case, the mediator/arbitrator shall issue a written decision no later than twenty (20) days from the date of the hearing.
MEDIATION – ARBITRATION PROCESS. The parties may, by mutual agreement, refer one or more grievances to mediation-arbitration in accordance with Section 105 of the Labour Relations Code of BC.
MEDIATION – ARBITRATION PROCESS. In Disciplinary Grievances, there will be no System Board of Adjustment or Arbitration as described above. Instead, after Step 3, all Disciplinary Grievances will proceed to Mediation/Arbitration as the final and binding step. The only exception is Disciplinary Grievances involving loss of pay (i.e., disciplinary days off). In those cases, either side will have the option to take the case directly to Arbitration by notifying the other side within ten
MEDIATION – ARBITRATION PROCESS. The parties may agree to proceed with a Mediation/Arbitration process or any other alternative dispute resolution process.