Optional Mediation. If a grievance is not resolved at Step 2, either party may request, in writing, within fifteen (15) calendar days of the Step 2 response or lack of response that the matter proceeds to mediation. The mediation process shall not interfere with the scheduling of an arbitration. Suppose the non-requesting party agrees to engage in optional mediation. In that case, the requesting party shall request a panel from the Federal Mediation and Conciliation Service (“FMCS”) or another mediation group agreed to by the parties. The mediator shall be selected by alternate striking from the list until one name remains. The mediator shall have no authority to bind either party to an agreement.
Optional Mediation. At any point after a grievance is filed, either Party may request that the matter be submitted to mediation under the rules and procedures of the Employment Relations Board and the Public Employees Collective Bargaining Act (PECBA). Any such submission must be by mutual agreement, in writing. Costs of any agreed to mediation shall be equally shared by the Parties. The conduct of mediation shall not affect the timelines and steps of the grievance process and any change in the timelines and procedures during mediation shall occur only upon mutual agreement, in writing.
Optional Mediation. Within the time limits for appeal to Level III, the District or the Association on behalf of the Grievant, may request that the Grievance be submitted to mediation prior to proceeding to Level III of the grievance procedure. Upon receipt of the request to submit the Grievance to mediation, the District will contact the California State Mediation and Conciliation Service and request that a mediator be appointed. The mediator shall attempt to assist the parties in resolving the Grievance and shall have no power to render a decision or recommendation on the Grievance in the absence of a mutually agreeable resolution. All statements made during the mediation process shall be inadmissible in any future administrative or judicial proceeding. If the mediation level does not satisfactorily resolve the Grievance, the Grievant may appeal the Grievance to Level III within ten (10) days following the last mediation session.
Optional Mediation. A grievance not resolved at Step 2 may be referred to Mediation if both the Union and the Employer agree to do so. A grievance not resolved at Mediation may subsequently be referred to Arbitration by either party providing written notice to the other within ten (10) work days of the Mediation concluding. If Mediation is agreed to, timelines for the Arbitration are held in abeyance pending the conclusion of the Mediation. The parties to this Agreement shall bear all fees and expenses for the Meditator including meeting location equally.
Optional Mediation. A. Within the time limits for appeal to Step Four, the District or the CSEA on behalf of the Grievant, may request that the Grievance be submitted to mediation prior to proceeding to Step Four of the grievance procedure.
Optional Mediation. Within ten (10 days after receipt of the decision at Level Three, the Association may give written notification to the Chancellor or his/her designee requesting optional mediation between the parties. The Association will initiate contact between the parties and the State Mediation and Conciliation Service to request a mediator within ten (10) days of its’ District notification.
Optional Mediation. (i) Either party, with the agreement of the other party, may advance a grievance to mediation within ten (10) days of receipt of the Employer’s written decision at Step 2. Where the matter is so referred, the mediation process shall conclude before the matter can to be advanced to Arbitration.
Optional Mediation. Nothing in this grievance procedure shall restrict both parties from agreeing to a mediation process in order to resolve a grievance, if such a process is mutually agreed to in writing.
Optional Mediation. The Parties may at any time and any level mutually agree to submit the grievance to mediation by the State Mediation and Conciliation Service.