Grievance Mediation. At any stage in the grievance procedure, the parties by mutual consent in writing may elect to resolve the grievance by using grievance mediation. The parties shall agree on the individual to be the mediator and the time frame in which a resolution is to be reached. If there are any costs related to mediation they shall be shared equally between the parties. The time lines outlined in the grievance procedure shall be frozen at the time the parties mutually agreed in writing to use the grievance mediation procedure. Upon written notification of either party indicating that the grievance mediation is terminated, the time lines in the grievance procedure shall continue from the point at which they were frozen.
Grievance Mediation. Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and the time line for grievance mediation to occur.
Grievance Mediation. Where the parties have been unsuccessful in resolving the matter through the grievance procedure, the parties may jointly submit the matter to the Department of Environment and Labour’s Grievance Mediation Program or such other mediation option as is agreeable to the parties. It is understood that grievance mediation is a voluntary program and that arbitration remains an option should the grievance remain unresolved after grievance mediation.
Grievance Mediation. (i) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within seven (7) days of the Employer’s decision which has been rendered at Step No. 2. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration.
Grievance Mediation. If the grievance is not resolved at the Step Two, the Union may file a request for mediation with the Public Employment Relations Commission (PERC) in accordance with WAC 000-00-000, with a copy to the Labor Relations Office within thirty (30) days of receipt of the Step Two decision. In addition to all other filing requirements, the request must include a copy of the grievance and all previous responses. The Employer will inform the Union, in writing, and PERC within thirty (30) days of receipt of Mediation request if they are not in agreement. If those services are unavailable on a timely basis, the parties may request a list of grievance mediators from the Federal Mediation and Conciliation Service (FMCS) or other agreed upon mediation provider. The cost of the mediation shall be borne equally by both parties. Step Four: Arbitration. If a satisfactory settlement is not reached at the prior step, or the step was skipped, either of the signatory parties to this Agreement may submit the grievance to binding arbitration. Such submittal must be made within thirty (30) calendar days following the written notice that the employer does not agree to Step Three (3) Mediation or the conclusion of the prior step. Panel of Arbitrators:
Grievance Mediation. Should either party determine that it would be beneficial to attempt a mediated settlement of the dispute prior to arbitration, they shall so notify Xxx Xxxxxxx, of Xxxxxxxxxx, Maine who shall serve as the permanent mediator, as well as the arbitrator selected to hear the grievance. In the event that the permanent mediator is unable to serve, the parties may agree on an alternate mediator. In the event the parties are unable to agree on an alternate mediator, the permanent mediator shall select one and so notify the parties. Either party who desires to terminate the services of the above-named permanent mediator shall notify the other party, in writing, at least thirty (30) calendar days in advance of the desired termination date. The date of receipt of the termination letter by the other party shall begin the thirty (30) day calendar period. Any grievances submitted for mediation prior to the date of the termination letter shall, however, still be mediated by the permanent mediator. Should the permanent mediator be terminated by either party, the parties shall attempt to mutually agree on a replacement. If mutuality cannot be reached by the parties, the parties agree to revert to ad hoc mediation in accordance with the rules of the Maine Labor Relations Board. The permanent mediator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The fees and expenses of the permanent mediator and any costs for facilities shall be borne equally by the parties. All other costs shall be borne by the party incurring them. Should the grievance(s) be resolved through this process, it shall be final and binding and the arbitrator shall be so notified. Should either party determine, during the mediation process of a particular grievance(s), that it has determined that the process will not produce a resolution, it shall so notify the other party and the mediator, and the parties shall proceed to arbitration in accordance with the original Notice of Arbitration and the procedures contained in this Article. In this event, no offers or proposals of settlement, which may have been made in a good faith attempt to resolve the grievance(s) during mediation, shall be introduced or in any way referenced during the arbitration proceedings.
Grievance Mediation. The parties may, by written agreement, submit a grievance to mediation to be conducted by the Federal Mediation and Conciliation Service (FMCS) after it has been submitted to arbitration but before the arbitration hearing. When the parties agree to mediate a grievance, the scheduled date for the arbitration hearing provided in section (5)(d) below may be extended by mutual agreement beyond five months. Either party may withdraw from the mediation process with written notice no later than five days before a scheduled mediation.
Grievance Mediation. 1. The parties may, by written agreement, submit a grievance to mediation to be conducted by the Federal Mediation and Conciliation Service (FMCS) after it has been submitted to arbitration but before the arbitration hearing. The Arbitration Coordinator will notify the parties and the arbitrator of the next arbitrator in rotation as provided in (4)(c), below. The arbitrator will then schedule a hearing date with the parties, with notice to the Arbitration Coordinator. If the parties choose to mediate the grievance, the Arbitration Coordinator will provide the parties with the name, contact information, and availability of the FMCS mediator. The parties will then schedule a mediation within 40 days of the filing of the Request for Arbitration unless mediator availability requires a lengthier period. Either party may withdraw from the mediation process with written notice no later than five days before a scheduled mediation.
Grievance Mediation. By mutual agreement, the parties may utilize mediation as an alternative to Step Three of the grievance process. When such mediation is agreed to, the Step Three process described above shall be waived. Grievance mediation must be jointly agreed to by the parties prior to the onset of a hearing under the Step Three process above. A mediator, jointly agreed to by the parties, shall be selected to mediate the matter. Such mediation shall begin within sixty days of the joint request for mediation. The case shall be resolved within ninety days of the joint request for mediation, unless both parties agree to an extension in writing. At the conclusion of the ninety day period or extension, the Union shall have ten days to file for arbitration. By mutual agreement, the parties may agree to mediation at an earlier stage in the grievance process, provided, however, that in these instances, if the case is not resolved in mediation the grievance will return to the grievance process.
Grievance Mediation a. Prior to a grievance being submitted to arbitration, the Parties may, by mutual agreement, request the assistance of a grievance mediation officer. If the Parties utilize this process, the time limits for a grievance to proceed to arbitration will be suspended until the day after the grievance mediation meeting. In the event the grievance is not resolved in mediation, the time limits will commence the day following said meeting.