Non-Wage Related Matters. If the grievance is not settled at Step 2, the Guild and the Employer agree to submit the grievance to mediation. Within twenty (20) working days of such agreement, the two (2) parties shall agree upon a mediator, or if no agreement is reached, either party may petition the Public Employment Relations Commission to supply a grievance mediator. Any fees charged by a mediator shall be borne equally by both parties. The mediator will not have authority to compel resolution of the grievance. The parties will not be limited solely to the facts and arguments presented at earlier steps of the grievance procedure. No transcript or record of the mediation conference will be made nor will formal rules of evidence be followed. If a settlement is not reached at mediation, the grievance may be appealed to arbitration in accordance with the procedures in Step 4 below. In this case, the mediator may not serve as arbitrator, nor may any party reference the fact that a mediation conference was held or not held. Nothing said or done by the mediator in mediation or settlement discussions may be referenced or introduced into evidence at the arbitration hearing.
