Common use of Optional Grievance Mediation Clause in Contracts

Optional Grievance Mediation. The parties may agree to refer one or more grievances to a grievance mediator for the purpose of resolving the grievances in an expeditious and informal manner. (1) The parties shall not refer a grievance to a grievance mediator unless they have agreed on the nature of any issues in dispute. (2) On a joint request by the parties, the Minister of Labour shall appoint a grievance mediator. (3) A grievance mediator appointed by the Minister shall begin proceedings within ten (10) days after being appointed or on any day that the parties jointly request. (4) Where the parties jointly request the appointment of a grievance mediator pursuant to this section, any provisions of the Collective Bargaining Agreement that impose a limitation of time with respect to the reference of a grievance to arbitration are deemed to be inoperative. (5) The grievance mediator shall endeavour to assist the parties to settle the grievance by mediation. (6) If the parties are unable to settle the grievance by mediation, the grievance mediator shall endeavour to assist the parties to agree on the material facts in dispute, and then the parties may determine the grievance in accordance with the arbitration provisions commencing with the next step as outlined in 5:07.