Mediation to Final Conclusion Sample Clauses

Mediation to Final Conclusion. If the problem remains unresolved after all these efforts have been exhausted, the Union or the University may request the assistance of a mediator acceptable to both parties to the Agreement. The objective of the mediator will be to seek a fair and equitable solution which takes into account the needs of the employee and the University. The mediator may make recommendations for the resolution of the problem and, if a consensus is still not reached, will make a final decision. However, the mediator will have no authority to make a final decision on any matter which does not involve the interpretation or application of the terms of the Agreement including the provisions of the Manual determined to be arbitrable. The University and the Union will work closely with the mediator in this process, and all reasonable resources will be made available.
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Mediation to Final Conclusion. The Union shall have 60 days from the decision at Step 2 to file for mediation/arbitration. The union shall provide Human Resources with a status update within 30 days of the decision at Step 2 if a case is being considered for mediation/arbitration. If proceeding, Marlborough Hospital and SHARE will jointly choose a mediator and a date for the case. If the parties agree that mediation to final conclusion is not appropriate for the situation, they will choose an arbitrator. In the case of mediation to final conclusion, if the mediator cannot get the parties to a mutually acceptable agreement, (s)he will issue a final and binding written decision which accepts either party's position or some point in between. Expenses of mediation or arbitration shall be borne equally by the parties. Coaching and Discipline Marlborough Hospital and SHARE are committed to creating a constructive work environment. Open communication, based on mutual trust and respect among staff at all levels, is the cornerstone to constructive working relationships. We are committed to treating each other and our patients with kindness, respect and dignity. These values guide our approach to progressive discipline. It is Marlborough Hospital’s expectation that employees at all levels will conduct themselves in a manner consistent with the highest standards of professionalism. When an employee’s performance is not meeting these expectations, every effort will be made to work with the employee toward satisfactory improvement. A disciplinary process is, in most instances, intended to provide employees with the opportunity to change their conduct or to correct performance problems with guidance and assistance from their manager. The Hospital will attempt to ensure that all such discipline will be appropriate to the offense, will be timely, and will be applied consistently. PROGRESSIVE DISCIPLINE PRINCIPLES: Employees will normally be provided appropriate coaching and an opportunity to correct performance or conduct problems. In most instances, progressively more severe action will be taken if the employee has not corrected the problem or if the pattern of unacceptable behavior continues. In more serious instances, some issues or problems may not lend themselves to progressive discipline and immediate and more serious discipline may be taken in the first instance. Guiding Principles • We will use a Problem-Solving approach to discussions about discipline. • We will resolve performance issues at t...
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Mediation to Final Conclusion. If the problem remains unresolved after all these efforts have been exhausted, the Union or the University may request the assistance of a mediator acceptable to both parties to the Agreement. The objective of the mediator will be to seek a fair and equitable solution which takes into account the needs of the employee and the University. The mediator may make recommendations for the resolution of the problem and, if a consensus is still not reached, will make a final decision. However, the mediator will have no authority to make a final decision on any matter which does not involve the interpretation or application of the terms of the Agreement including the provisions of the Manual determined to be arbitrable. The University and the Union will work closely with the mediator in this process, and all reasonable resources will be made available. If a HUCTW member is terminated for cause from the University, that member may request that their case move directly to mediation (bypassing the Regional Problem Solving and University Problem Solving steps) after consulting with an HUCTW organizer. If a member is already in the problem-solving process and that member is terminated during the process, that member may request that their case move directly to mediation in consultation with their HUCTW organizer and the current problem-solving team working on the case. All mediations must be approved by the HUCTW Executive Board. If mediation has been approved by the Board, the Union and University will work together to schedule mediation for a date and time that is mutually agreeable. Personnel Manual, pages 42-43 Progressive Disciplinary Process Termination: Termination should only be considered after all other avenues have been thoroughly explored. A possible intermediate step between a final written warning and termination might be suspension with or without pay. Members who are terminated for cause may request expedited problem-solving (see Mediation to Final Conclusion section in Agreement).
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