Mediation Language. Either party, with the agreement of the other party, may submit a grievance to Mediation at any time within 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 21 days of the grievance being submitted to Mediation or longer as agreed by the parties. 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 parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, and no record of the proceedings shall be made. Prior to proceeding to the Mediation process the parties will notify one another of their intention to use legal counsel. If possible, an agreed statement of the facts will be 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 the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the Mediator, if any.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Mediation Language. Either party, with the agreement of the other party, may submit a grievance to Mediation at any time within 10 days after the Employer’s '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 21 days of the grievance gnevance being submitted to Mediation or longer as agreed by the parties. 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 parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, and no record of the proceedings shall be made. Prior to proceeding to the Mediation process the parties will notify one another of their intention to use legal counsel. If possible, an agreed statement of the facts will be 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 the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the Mediator, if any.
Appears in 1 contract
Samples: Collective Agreement