Common use of Grievance Mediation Clause in Contracts

Grievance Mediation. A grievance may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 6 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation procedure in accordance with the following provisions: (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty (20) working days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained fixed in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationprocedure. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand shall agree on a mediator. (e) Proceedings before the mediator shall be informal. All discussion during the mediation process shall be treated as if it were a part of the grievance process and not used in any other context. Accordingly, the rules of evidence will not apply, no record of the Proceedings shall be made and legal counsel shall not be used by either party. (f) If possible, an agreed statement of facts will be provided to the mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalConference. e(g) Any settlement of a grievance referred through this Grievance Mediation process is not precedent settingThe mediator will have the authority to meet separately with either party. f(h) If no settlement is reached within five (5) working days following grievance mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of this Collective Agreement. In the event that a grievance, which has been mediated subsequently, proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. (i) The grievor association and employer will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendmediator, if any. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 6 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. (b) Grievance mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process:grievance procedure. a(d) The parties shall agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationon a mediator. b(e) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. (f) If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. (g) The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedparties are free to submit the matter to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an Arbitrator, unless agreed to otherwise by the parties. Nothing said or done by the mediator may be referred to Arbitration. d(i) The parties understand Union and Employer will share the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance Mediation. A grievance a. Either party, with the agreement of the other party, may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all at any time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to the Arbitrator. b. Grievance Mediation process is concludedwill commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. d) c. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure. d. The parties understand shall agree on a Mediator. e. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. f. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalConference. eg. The Mediator will have the authority to meet separately with either party. h. If no settlement is reached within (5) Any settlement of calendar days following the Grievance Mediation, the timeline for referring the matter to Arbitration shall be as set out elsewhere in the agreement and either party may refer the matter to Arbitration. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred through this Grievance Mediation process is not precedent settingto Arbitration. f) i. The grievor Union and Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance Mediation. A (a) Either party may submit the grievance to Grievance Mediation at any time within five (5) calendar days following the receipt of the reply at Step 3, or if no reply is received, within five (5) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The Item (b), or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immediate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within five (5) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration, or any documentation relied upon by either party for the first time at Grievance Mediation shall be used against it at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(l) All settlements shall be “Without Prejudice”. (m) The grievor union and the Commission will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendMediator if any. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. A (a) Either party may submit the grievance to Grievance Mediation at any time within five (5) calendar days following the receipt of the reply at Step 3, or if no reply is received, within five (5) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbi- tration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to ei- ther party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, pro- vided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The Item (b), or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all ex- tend the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accord- ingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Media- tion Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to com- pel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an imme- diate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within five (5) calendar days fol- lowing Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an arbitrator. Nothing said or done by the Mediator may be re- ferred to at Arbitration, or any documentation relied upon by either party for the first time at Grievance Mediation shall be used against it at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(l) All settlements shall be “Without Prejudice”. (m) The grievor union and the Commission will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendMe- diator if any. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation procedure in accordance with the following provisions: (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty (20) working days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained fixed in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationprocedure. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand shall agree on a mediator. (e) Proceedings before the mediator shall be informal. All discussion during the mediation process shall be treated as if it were a part of the grievance process and not used in any other context. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (f) If possible, an agreed statement of facts will be provided to the mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalconference. e(g) Any settlement of a grievance referred through this Grievance Mediation process is not precedent settingThe mediator will have the authority to meet separately with either party. f(h) If no settlement is reached within five (5) working days following grievance mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of this Collective Agreement. In the event that a grievance, which has been mediated subsequently, proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. (i) The grievor Union and employer will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendmediator, if any. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within twenty-one (21) calendar days after Employer’s written decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration. (b) Grievance Mediation will commence at a time mutually agreed. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation, which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process:grievance procedure. a(d) The parties shall mutually agree on a Mediator. (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of proceeding shall be made and legal counsel shall not be used by either party. (f) The Mediator will have the authority to waivemeet separately with each party. (g) If no settlement is reached following Grievance Mediation, extend or suspend all time the parties are free to submit the matter to Arbitration in accordance with the provisions contained in the grievance procedure in the Collective Agreement, with respect to . In the last step referring event that a grievance which has been mediated subsequently proceeds to arbitration. b) Any discussions by the parties or recommendations of , no person serving as the Mediator shall be made may serve as an Arbitrator without the prejudice to any further proceedings, permission of both the Union and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made Employer. Nothing said or done by the Mediator shall not may be binding on either party and either party shall retain referred to at Arbitration notwithstanding the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedexception indicated above. d(h) The parties understand Union and Employer will share the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance Mediation. A 1. No grievance may be submitted taken to voluntary arbitration without first having gone to mediation, except by mutual consent of the parties. 2. The grievant shall have the right to be present at the mediation conference. 3. Each party shall have one principal spokesman at the mediation conference. 4. Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation conference. The mediator may, however retain one copy of the written grievance, to be used solely for purposes of statistical analysis. 5. Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at earlier steps of the grievance proceedings, the rules of evidence will not apply, and no record of the mediation through conference shall be made. 6. The mediator will have the Alberta Labour Relations Board authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a mutually agreeable forum if grievance. 7. If no settlement is reached during the mediation conference, the mediator shall provide the parties with an immediate oral advisory decision, unless both parties agree and jointly submit that no decision shall be provided. 8. The mediator shall state the grounds of his advisory decision. 9. The advisory decision of the mediator, if accepted by the parties, shall not constitute a request in writing for grievance precedent, unless the parties otherwise agree. 10. If no settlement is reached at mediation, prior the parties are free to arbitrate. 11. An appeal to arbitration must be made within thirty (30) days after mediation conference. 12. In the expiration of event that a grievance which has been mediated subsequently goes to arbitration, no person serving as a mediator between these parties may serve as an arbitrator. Nothing said or done by the mediator may be referred to at arbitration. Nothing said or done by either party for the first time limits set out in Clause 11.06 Step IVthe mediation conference may be used against it at arbitration. 13. The mediator shall be designated by the parties, and if the parties cannot agree, a mediator shall be designated through FMCS. 14. The parties further agree that shall share equally the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations cost of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearingmediator. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. A If the parties mutually agree to submit a grievance may be submitted to voluntary mediation, the party requesting grievance mediation through shall contact the Alberta Labour Relations Board or Federal Mediation and Conciliation Service and thereafter the parties shall select a mediator in accordance with AAA rules and procedures. Each party may have up to four (4) representatives as participants in the mediation effort. Persons representing the parties will be vested with full authority to resolve the issues being considered. Either party may terminate the mediation at any time. The purpose of the mediation effort is to reach a mutually agreeable forum if both parties agree resolution of the dispute and jointly submit a request in writing for grievance mediation, prior there will be no procedural constraints regarding the review of facts and arguments. No oaths will be administered and no verbatim record of the proceeding will be taken. The formal evidence rules will not be applied. The mediator may employ all of the techniques commonly associated with mediation including private caucuses with the parties. Written materials presented to the expiration mediator will be returned to the submitting party at the conclusion of the mediation meeting. Mediation efforts will be informal in nature and will not include written opinions or recommendations from the mediator. In the event the Union appeals to binding arbitration a grievance that has been mediated, there will be no reference in the arbitration proceeding to the fact that a mediation conference was or was not held. Nothing said or done by the mediator may be referenced or introduced into evidence at the arbitration hearing. Nothing said or done by either party for the first time limits set out in Clause 11.06 Step IVmediation conference may be used against it in arbitration. At the mediation conference, the mediator will first seek to help the parties in reaching a mutually satisfactory settlement of the grievance that is within the parameters of the collective bargaining agreement. If the Union and the AMHA reach a settlement, the parties will enter into a settlement agreement at the mediation conference. The mediator will not have the authority to compel the resolution of a grievance. If a grievance remains unresolved at the end of the mediation session, the mediator will provide an advisory opinion about how the grievance is likely to be decided if it is presented at arbitration. This opinion is not binding and is inadmissible in the subsequent arbitration proceeding. Either party may within ten (10) working days of its receipt reject the advisory opinion of the mediator. The dates, time and place of a mediation session will be determined by mutual agreement of the parties. Each party will designate a representative responsible for scheduling mediation sessions. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the share fees and expenses of the Mediatorfor grievance mediation equally.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. Nothing shall preclude the parties from mutually agreeing to submit any grievance(s) not resolved at Step Three to mediation. A. A grievance may member of the contractual mediation panel shall be selected to serve as mediator in the same manner as the selection of an arbitrator in Section 16.02. If mediation does not resolve the dispute(s), the mediator shall not be selected to hear and decide the matter at Step Four (Arbitration). B. Neither party shall have more than three (3) persons, including the grievant, present at the mediation. Bargaining unit members appearing at the mediation shall be granted time off subject to the Union Business Leave Bank. C. The taking of oaths and the examination of witnesses shall not be permitted nor shall any written or electronic record of the proceeding be made. There shall be no formal evidentiary rules and the mediator shall decide any questions of procedure or of the admissibility of facts or arguments. Documents and other evidence submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior mediator shall be returned to the expiration presenting party at the conclusion of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationmediation meetings. b) Any discussions by D. Comments, opinions, admissions and settlement offers of the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator mediator shall not be binding on either admissible or in any manner referred to in any future arbitration, hearing or other matter. E. If the grievance(s) remain unresolved at the conclusion of the mediation meeting, the mediator will provide an oral statement to each party regarding how he/she would rule in the case based upon the evidence and either party shall retain the right to proceed to arbitration failing a satisfactory resolution argument presented. F. Expenses incident to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both services of the parties of mediator shall be borne equally by the date Employer and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and Union. Except for the expenses of the Mediatormediator, each party shall be responsible for its own costs and fees. G. Any mediation agreement shall provide for a specific extension of the time frames of Step Four (Arbitration) of this Article, which may be modified by mutual agreement. Except as extended under authority of this provision, all time frames shall apply. H. The parties may agree to such other provisions as they deem proper and necessary to facilitate resolution of the dispute.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. A grievance a) Either party, with the agreement of the other party, may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, to Grievance Mediation at any time within twenty-one (21) calendar days after the Employer’s written decision has been rendered at the step prior to Arbitration. Where the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that matter is so referred, the following mediation process shall represent take place before the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring matter is referred to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not Grievance Mediation will commence at a compellable witness in any arbitration hearingtime mutually agreed. c) Any recommendations made by the Mediator shall not No matter may be binding on either party and either party shall retain the right submitted to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after which has not been properly carried through the Grievance Mediation process is concludedgrievances procedure, provided that the parties may extend the time limits fixed in the grievance procedure. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formalshall mutually agree on a Mediator. e) Any settlement Proceedings before the Mediator shall be informal. Accordingly, the rules of a grievance referred through this Grievance Mediation process is evidence will not precedent settingapply, no record of proceeding shall be made, and legal counsel shall not be used by either party. f) The grievor Mediator will be advised by one or both of have the parties of the date and place of this Grievance Mediation and will be invited authority to attendmeet separately with each party. g) Each party shall pay one-half (1/2If no settlement is reached following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions in the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator without the permission of both the Union and the Employer. Nothing said or done by the Mediator may be referred to at Arbitration notwithstanding the exception indicated above. h) of The Union and Employer will share the fees and expenses cost of the Mediator, if any.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of the reply at Step 3, or if no reply is received, within ten (10) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The item (b), or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immediate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within ten (10) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(I) The grievor Union and the Employer will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendMediator if any. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration. (b) Grievance mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process:grievance procedure. a(d) The parties shall agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationon a mediator. b(e) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. (f) If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. (g) The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedparties are free to submit the matter to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an Arbitrator, unless agreed to otherwise by the parties. Nothing said or done by the mediator may be referred to Arbitration. d(i) The parties understand Union and Employer will share the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance Mediation. A Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IVthe grievance procedure. The parties further shall agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand are free to submit the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement matter to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an Arbitrator, unless agreed to otherwise by the parties. Nothing said or done by the mediator may be referred through this Grievance Mediation process is not precedent setting. f) to Arbitration. The grievor Union and Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance Mediation. A grievance may The following shall set forth the procedures to be submitted to voluntary utilized for grievance mediation through for the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration purpose of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent resolving disputes which may arise under the terms of this Agreement. 1. Those grievances which have been submitted to the System Board of Adjustment, in accordance with Section 5 of the Agreement, may be referred to mediation. Any grievance may be referred to mediation by either party. Only those grievances which are mutually agreed upon shall be presented at a mediation session. 2. Grievance Mediation process:mediation sessions shall be scheduled by agreement of the parties. a) 3. Each party shall submit to the mediator a brief statement of the facts, the issue, and the arguments in support of their respective positions. Whether written or oral, the statements shall be presented at the beginning of the mediation session. 4. A grievant shall have the right to be present at the mediation session of his/her grievance. Others eligible to attend are those persons, including AFA and Company attorneys, needed to present the parties’ positions. The parties agree that persons who have the authority to waive, extend or suspend all time provisions contained in bind their respective parties shall be present at the mediation session. 5. The issue to be mediated shall be the issue the parties did not resolve at a lower level of the grievance procedure in resolution process. The presentation of evidence shall not be limited to that offered during the Collective Agreementlower levels. 6. Proceedings during the mediation session are informal. Rules of evidence do not apply. No transcript may be made of the mediation session and all notes, with respect if any, shall be destroyed at the end of the day. Written material presented to the last step referring mediator and/or opposing party shall be returned at the conclusion of the mediation session to arbitrationthe party offering the material. b) Any discussions 7. The mediator may meet jointly and/or separately with the parties. The mediator shall not have the authority to compel resolution of the grievance. 8. Grievances which settle as a result of the mediation session shall not constitute a precedent unless the parties otherwise agree. A written mediation settlement shall be non- precedential unless the parties expressly agree in writing that it is precedential. 9. If no settlement is reached during the mediation session, the mediator shall provide the parties with an immediate oral advisory decision which shall state the reasons for the decision, unless the parties mutually agree to waive the procedure. The parties may mutually agree to adopt the mediator’s advisory opinion as the settlement. In such case, the opinion shall not constitute a precedent unless the parties otherwise agree and so indicate in writing. 10. If a grievance is settled during a mediation session, the settlement shall be reduced to writing and the final version of the settlement shall be drafted and signed by the parties or recommendations prior to the conclusion of that day’s session, unless mutually agreed otherwise. 11. If a grievance is not settled as a result of the Mediator mediation session, the grievance shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right continue to proceed to arbitration failing the System Board of Adjustment pursuant to Section 5 of the Agreement. 12. If a satisfactory resolution grievance not settled as a result of the mediation session is subsequently heard by the System Board of Adjustment, the individual who participated as the mediator may not serve as the arbitrator or a witness in the System Board proceedings. During the System Board proceedings, no reference may be made to the grievance through Grievance Mediationmediation nor any statement made, within fourteen (14) calendar days after documents provided or actions taken during the Grievance Mediation process is concludedmediation session unless the party offering such statements, documents or actions would have had access or entitlement to them outside of the mediation session. d) 13. The parties understand shall select the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) mediator for each mediation session by mutual agreement. The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediatormediator shall be shared equally by the Company and the Association.

Appears in 2 contracts

Sources: Flight Attendant Contract, Flight Attendant Contract

Grievance Mediation. A (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, either party, with the agreement of the other party, may submit a grievance to “Grievance Mediation” at any time within thirty (30) days after the Employer’s decision has been rendered at Step 3 of the grievance procedure. Where the matter is so referred, the Mediation process shall take place before the matter is referred to an Arbitrator. (b) Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or a longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, with the understanding that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained fixed in the grievance procedure in the Collective Agreement, accordance with respect to the last step referring to arbitrationArticle 11.04. b(d) Any discussions by the The parties or recommendations of shall agree on a Mediator. (e) Proceedings before the Mediator shall be made without informal. Accordingly, the prejudice rules of evidence will not apply. No record of the proceedings shall be made, and either party shall not use legal counsel. (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation meeting. (g) The Mediator will have the authority to meet separately with either party. (h) The Mediator will not be authorized to make, nor shall he/she make any further proceedingsdecision or recommendation inconsistent with the provisions of this Agreement, or alter, modify or amend any part of this Agreement. (i) If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement or, by mutual agreement, may appoint the Mediator as Arbitrator and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made to be bound by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses decision of the Mediator/Arbitrator so appointed. (j) The Union and the Employer will share the cost of the Mediator, if any.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance Mediation. A a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer's decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. b) Grievance Mediation will commence at a time mutually agreed, understanding that the parties will endeavour to hold such mediation within twenty-one (21) days. c) No matter may be submitted to voluntary grievance mediation Grievance Mediation, which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained fixed in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedprocedure. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formalshall agree on a Mediator. e) Any settlement Proceedings before the Mediator shall be informal. Accordingly, the rules of a grievance referred through this Grievance Mediation process is evidence will not precedent settingapply, no record of the proceedings shall be made and legal counsel shall not be used by either party. f) The grievor If possible, an agreed statement of facts will be advised by one or both provided to the Mediator, and if possible, in advance of the parties of the date and place of this Grievance Mediation and will be invited to attendConference. g) Each party shall pay one-half The Mediator will have the authority to meet separately with either party. h) If no settlement is reached within five (1/25) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the fees Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. i) The Union and expenses Employer will share the cost of the Mediator, if any.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance Mediation. A a. Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. b. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. c. No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained fixed in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationprocedure. b) Any discussions by the d. The parties or recommendations of shall agree on a mediator. e. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. f. If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. g. The Mediator will have the authority to meet separately with either party. h. If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedparties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. d) i. The parties understand Union and the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance Mediation. A grievance Should the parties mutually determine and agree that it would be beneficial to attempt a mediated settlement of the dispute prior to arbitration, they shall so notify ▇▇▇ ▇▇▇▇▇▇▇, of ▇▇▇▇▇▇▇▇▇▇, 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 be 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 to voluntary grievance for mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration date of time limits set out in Clause 11.06 Step IVthe termination letter shall, however, still be mediated by the permanent mediator. The Should the permanent mediator be terminated by either party, the parties further shall attempt to mutually agree that on a replacement. If mutuality cannot be reached by the following shall represent parties, the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained revert to ad hoc mediation in accordance with the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations rules of the Mediator Maine Labor Relations Board. The permanent mediator shall be made without fix the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date time and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) the hearing, taking into consideration the convenience of the parties. The fees and expenses of the Mediatorpermanent mediator and any costs for facilities shall be born equally by the parties. All other costs shall be born 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.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of the reply at Step 3, or if no reply is received, within ten (10) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The item (b), or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immediate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within ten (10) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(l) The grievor Union and the Employer will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendMediator if any. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A This procedure is available after the City Manager level of the grievance may procedure is completed. (a) If either party is not satisfied with the City Manager's decision it may, within 14 calendar days following receipt of the City Manager’s decision, submit a written request to the other party for mediation of the dispute. Mediation shall be voluntary by both the City and the grievant. (b) Grievance mediation is a supplement to, and not a substitute for, the steps of the grievance procedure outlined in this Article. Any deadlines for the grievance procedure shall be waived to permit the grievance to proceed to arbitration should mediation be unsuccessful. (c) If the parties agree to mediation, a request shall be submitted to voluntary grievance the California State Mediation and Conciliation Service (CSMCS) in writing. If the CSMCS is unable to serve in a timely manner, the parties shall agree on another mediator. Any costs of the mediator or the mediation through process shall be divided equally between the Alberta Labour Relations Board or City and the Association. (d) The function of the mediator shall be to attempt to assist the parties to achieve a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to satisfactory resolution of the expiration of time limits set out in Clause 11.06 Step IVdispute. The parties further agree that mediator has no authority to compel resolution of the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationgrievance. b(e) Any discussions Proceedings before the mediator shall be informal and the Rules of Evidence shall not apply. No record, stenographic or tape recordings of the meetings will be made. The mediator's notes are confidential and their content shall not be revealed. Nothing said or done by the parties or recommendations the mediator during the grievance mediation session can be attributed to the other party in any subsequent arbitration, court or government agency proceeding. (f) The mediator may conduct the conference utilizing all of the Mediator customary techniques associated with mediation, including the use of separate caucuses. (g) In the event that no settlement is reached during the mediation process, the mediator may provide the parties, either in separate or joint session, with an oral advisory opinion unless both parties agree that no such opinion is necessary. (h) If either party does not accept the mediator's opinion, the matter may then proceed to arbitration in the manner and form provided in this Article. Such arbitration hearings will be held as if the grievance mediation had not taken place. The mediator may not serve as the arbitrator. (i) If a satisfactory resolution of the dispute is achieved by means of this mediation process, the parties shall be made without sign a written statement to that effect and thus waive the prejudice right of either party to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearingappeal. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance Mediation. A Either party, with the agreement of the other party, may submit a grievance to grievance mediation at any time within ten (IO) days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to voluntary grievance mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IVthe grievance procedure. The parties further shall agree that upon a mediator. Proceedings before the following mediator shall represent be informal. Accordingly, the terms rules of this Grievance Mediation process: a) The parties agree evidence will not apply, no of the proceedings shall be made and legal counsel shall not be used by either party. Ifpossible, an agreed statement of facts will be provided to waivethe mediator, extend or suspend all time provisions contained and if possible, in advance of the grievance procedure mediation conference. The mediator will have the authority to meet separately with either party. Ifno settlement is reached within five (5) days following grievance mediation,the partiesare free to submit the matter to Arbitration in accordance with the provisions of the Collective Agreement. Inthe event that a grievance, with respect to the last step referring which has been mediated subsequently to arbitration. b) Any discussions , no person serving as the mediator shall serve as an arbitrator. Nothing said or done by the parties or recommendations mediator may be referred to arbitration. The Union and Employer will share the cost of the Mediator shall be made without the prejudice to any further proceedingsmediator, and the parties agree that the Mediator is not a compellable witness in any arbitration hearingif any. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of the reply at Step 3, or if no reply is received, within ten (10) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The item (b) above, or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immediate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within ten (10) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(I) The grievor Union and the Company will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence at a time mutually agreed, understanding that the parties will endeavour to hold such mediation within twenty-one (21) days. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process:grievance procedure. a(d) The parties shall agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationon a mediator. b(e) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. (f) If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. (g) The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedparties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to at Arbitration. d(i) The parties understand Union and Employer will share the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any. Any of the time allowances above may be extended by mutual agreement of the parties.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A Either party, with the agreement of the other party, may submit a grievance to grievance mediation at any time within ten days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to voluntary grievance mediation which has not been properly carried through the Alberta Labour Relations Board or grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree upon a mutually agreeable forum mediator. Proceedings before the mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the mediator, and, if both parties agree and jointly submit a request possible, in writing for advance of the grievance mediation conference. The mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following grievance mediation, prior the parties are free to submit the expiration matter to Arbitration in accordance with the provisions of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement. In the event that a grievance, with respect to the last step referring which has been mediated subsequently proceeds to arbitration. b) Any discussions , no person serving as the mediator shall serve as an arbitrator. Nothing said or done by the parties or recommendations mediator may be referred to arbitration. The Union and Employer will share the cost of the Mediator shall be made without the prejudice to any further proceedingsmediator, and the parties agree that the Mediator is not a compellable witness in any arbitration hearingif any. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A grievance may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both The parties agree and jointly submit to implement a request Grievance Mediation procedure in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that accordance with the following shall represent the terms of this Grievance Mediation processprovisions: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective AgreementEither party, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations agreement of the Mediator shall be made without the prejudice other party, may submit a grievance to Grievance Mediation at any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, time within fourteen (14) calendar working days after the Employer's decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. b) Grievance Mediation process is concludedwill commence within twenty-one (21) working days of the grievance being submitted to mediation, or longer period as agreed by the parties. c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formalshall agree on a mediator. e) Any settlement Proceedings before the mediator shall be informal. Accordingly, the rules of a grievance referred through this Grievance Mediation process is evidence will not precedent settingapply, no record of the Proceedings shall be made, and legal counsel shall not be used by either party. f) The grievor If possible, an agreed statement of facts will be advised by one or both provided to the Mediator, and if possible, in advance of the parties of the date and place of this Grievance Mediation and will be invited to attendConference. g) Each party shall pay one-half The Mediator will have the authority to meet separately with either party. h) If no settlement is reached within five (1/25) working days following grievance mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of this Collective Agreement. In the fees event that a grievance, which has been mediated subsequently, proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. (i) The Union and expenses Employer will share the cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A a) Either party, with agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. b) Grievance mediation will commence at a time mutually agreed. c) No matter may be submitted to voluntary grievance mediation Grievance Mediation, which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievances procedure, providing that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained fixed in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedprocedure. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formalshall agree on a Mediator. e) Any settlement Proceedings before the Mediator shall be informal. Accordingly, the rules of a grievance referred through this Grievance Mediation process is evidence will not precedent settingapply, no record of the proceeding shall be made and legal counsel shall not be used by either party. f) The grievor If possible, an agreed statement of facts will be advised by one or both provided to the Mediator, and if possible, in advance of the parties of the date and place of this Grievance Mediation and will be invited to attendMediator Conference. g) Each party shall pay one-half The Mediator will have the authority to meet separately with each party. h) If no settlement is reached within five (1/25) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions in the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as the Arbitrator without the permission of both the fees Union and expenses the Employer. Nothing said or done by the Mediator may be referred to at Arbitration notwithstanding the exception indicated above. i) The Union and Employer will share the cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A grievance may The following shall set forth the procedures to be submitted to voluntary utilized for grievance mediation through for the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration purpose of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent resolving disputes which may arise under the terms of this Agreement. 1. Those grievances which have been submitted to the System Board of Adjustment, in accordance with Section 5 of the Agreement, may be referred to mediation. Any grievance may be referred to mediation by either party. Only those grievances which are mutually agreed upon shall be presented at a mediation session. 2. Grievance Mediation process:mediation sessions shall be scheduled by agreement of the parties. a) 3. Each party shall submit to the mediator a brief statement of the facts, the issue, and the arguments in support of their respective positions. Whether written or oral, the statements shall be presented at the beginning of the mediation session. 4. A grievant shall have the right to be present at the mediation session of his/her grievance. Others eligible to attend are those persons, including AFA and Company attorneys, needed to present the parties’ positions. The parties agree that persons who have the authority to waive, extend or suspend all time provisions contained in bind their respective parties shall be present at the mediation session. 5. The issue to be mediated shall be the issue the parties did not resolve at a lower level of the grievance procedure in resolution process. The presentation of evidence shall not be limited to that offered during the Collective Agreementlower levels. 6. Proceedings during the mediation session are informal. Rules of evidence do not apply. No transcript may be made of the mediation session and all notes, with respect if any, shall be destroyed at the end of the day. Written material presented to the last step referring mediator and/or opposing party shall be returned at the conclusion of the mediation session to arbitrationthe party offering the material. b) Any discussions 7. The mediator may meet jointly and/or separately with the parties. The mediator shall not have the authority to compel resolution of the grievance. 8. Grievances which settle as a result of the mediation session shall not constitute a precedent unless the parties otherwise agree. A written mediation settlement shall be non- precedential and non-referable except to enforce that particular written mediation settlement, unless the parties expressly agree in writing that it is precedential and/or may be referred. 9. If no settlement is reached during the mediation session, the mediator shall provide the parties with an immediate oral advisory decision which shall state the reasons for the decision, unless the parties mutually agree to waive the procedure. The parties may mutually agree to adopt the mediator’s advisory opinion as the settlement. In such case, the opinion shall not constitute a precedent unless the parties otherwise agree and so indicate in writing. 10. If a grievance is settled during a mediation session, the settlement shall be reduced to writing and the final version of the settlement shall be drafted and signed by the parties or recommendations prior to the conclusion of that day’s session, unless mutually agreed otherwise. 11. If a grievance is not settled as a result of the Mediator mediation session, the grievance shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right continue to proceed to arbitration failing the System Board of Adjustment pursuant to Section 5 of the Agreement. 12. If a satisfactory resolution grievance not settled as a result of the mediation session is subsequently heard by the System Board of Adjustment, the individual who participated as the mediator may not serve as the arbitrator or a witness in the System Board proceedings. During the System Board proceedings, no reference may be made to the grievance through Grievance Mediationmediation nor any statement made, within fourteen (14) calendar days after documents provided or actions taken during the Grievance Mediation process is concludedmediation session unless the party offering such statements, documents or actions would have had access or entitlement to them outside of the mediation session. d) 13. The parties understand shall select the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) mediator for each mediation session by mutual agreement. The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediatormediator shall be shared equally by the Company and the Association.

Appears in 1 contract

Sources: Flight Attendant Contract

Grievance Mediation. A grievance (a) Either party, with the agreement of the other party, may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all at any time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to the Arbitrator. (b) Grievance Mediation process is concludedwill commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure. (d) The parties understand shall agree on a mediator. (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalConference. e(g) Any The Mediator will have the authority to meet separately with either party. (h) If no settlement of is reached within (5) calendar days following the grievance mediation, the timeline for referring the matter to Arbitration shall be as set out elsewhere in the agreement and either party may refer the matter to Arbitration. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred through this Grievance Mediation process is not precedent settingto Arbitration. f(i) The grievor Union and Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A grievance may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in implement a Grievance mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the grievance procedure to Grievance mediation at any time within ten (10) working days following the receipt of the reply at step 2, or if no reply is received, within ten (10) working days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration as follow provided in the Collective Agreement, with respect to the last step referring to arbitrationarticle 9. (b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the The Grievance Mediation process is concludedwithout prejudice to either party. (c) If the Employer or the Union wishes to submit a grievance to arbitration, it shall provide written notice to the other party of that fact and the two parties shall then endeavour to agree upon a single arbitrator. If the parties are unable to agree upon a single arbitrator within five (5) working days, either party may then request that a single arbitrator be appointed pursuant to section 49 of the Labour Relations Act, 1995. (d) The If a grievance is not settled through the grievance Mediation process, the Mediator shall provide the parties understand with an immediate oral advisory opinion and the Grievance Mediation meetings are not hearings and therefore are not formalgrounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (e) Any If no settlement of is reached within ten (10) working days following grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator may serve as Arbitrator, unless a party objects. Nothing said or done by the Mediator may be referred through this Grievance Mediation process is not precedent settingto Arbitration. (f) The grievor Union and the Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A ‌ (a) Either party, with the agreement of the other party, may submit a grievance to “Grievance Mediation” at any time within ten (10) days after the Employer’s decision has been rendered at the Step 3 of the Grievance Procedure. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation shall commence within twenty-one (21) days of the grievance being submitted to mediation, or a longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationprocedure. b(d) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence shall not apply. No record of the proceedings shall be made without the prejudice and either parity shall not use legal counsel. (e) If possible, an agreed statement of facts shall be provided to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearingadvance of the Grievance Mediation meeting. c(f) Any recommendations made The Mediator shall have the authority to meet separately with either party. (g) If no settlement is reached within ten (10) days following Grievance Mediation either parties may submit the matter to Arbitration. (h) When a grievance that has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator shall serve as the Arbitrator. No facts or statements presented by the Mediator shall not may be binding on either party and either party shall retain the right referred to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedArbitration. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A grievance (a) Either party, with the agreement of the other party, may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all at any time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to the Arbitrator. (b) Grievance Mediation process is concludedwill commence within twenty-one (21) calendar days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure. (d) The parties understand shall agree on a mediator. (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalConference. e(g) Any The Mediator will have the authority to meet separately with either party. (h) If no settlement of is reached within five (5) calendar days following the Grievance Mediation, the timeline for referring the matter to Arbitration shall be as set out elsewhere in the agreement shall be invoked and either party may refer the matter to Arbitration. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred through this Grievance Mediation process is not precedent settingto Arbitration. f(i) The grievor Union and Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to “Grievance Mediation” at any time within ten (10) days after the Employer’s decision has been rendered at the Step 3 of the Grievance Procedure. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation shall commence within twenty-one (21) days of the grievance being submitted to mediation, or a longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationprocedure. b(d) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence shall not apply. No record of the proceedings shall be made without the prejudice and either parity shall not use legal counsel. (e) If possible, an agreed statement of facts shall be provided to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearingadvance of the Grievance Mediation meeting. c(f) Any recommendations made The Mediator shall have the authority to meet separately with either party. (g) If no settlement is reached within ten (10) days following Grievance Mediation either parties may submit the matter to Arbitration. (h) When a grievance that has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator shall serve as the Arbitrator. No facts or statements presented by the Mediator shall not may be binding on either party and either party shall retain the right referred to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedArbitration. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A (a) Either party may submit the grievance to Grievance Mediation at any time within five (5) calendar days following the receipt of the reply at Step 3, or if no reply is received, within five (5) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation pro- cess shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The Item (b), or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Media- tion Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immedi- ate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within five (5) calendar days follow- ing Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration, or any documentation relied upon by either party for the first time at Grievance Mediation shall be used against it at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(I) The grievor will All settlements shall be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend“Without Prejudice”. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within (10) days after Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration. Timelines may be extended by mutual agreement of the parties. (b) Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process:grievance procedure. a(d) The parties shall agree on a mediator. (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (f) If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to waivesubmit the matter to arbitration in accordance with the provision of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, extend no person serving as the Mediator may serve as an Arbitrator unless mutually agreed to by the parties. Nothing said or suspend all time provisions contained in done by the grievance procedure in the Collective Agreement, with respect to the last step referring mediator may be referred to arbitration. b(g) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, The Union and the parties agree that Employer will share the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration. (b) Grievance mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process:grievance procedure. a(d) The parties shall agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationon a mediator. b(e) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, not record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. (f) If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. (g) The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedparties are free to submit the matter to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an Arbitrator, unless agreed to otherwise by the parties. Nothing said or done by the mediator may be referred to Arbitration. d(i) The parties understand Union and Employer will share the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation procedure in accordance with the following provisions: (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty (20) working days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained fixed in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationprocedure. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand shall agree on a mediator. (e) Proceedings before the mediator shall be informal. All discussion during the mediation process shall be treated as if it were a part of the grievance process and not used in any other context. Accordingly, the rules of evidence will not apply, no record of the Proceedings shall be made, and legal counsel shall not be used by either party. (f) If possible, an agreed statement of facts will be provided to the mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalConference. e(g) Any settlement of a grievance referred through this Grievance Mediation process is not precedent settingThe mediator will have the authority to meet separately with either party. f(h) If no settlement is reached within five (5) working days following grievance mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of this Collective Agreement. In the event that a grievance, which has been mediated subsequently, proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. (i) The grievor association and employer will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendmediator, if any. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A (a) Either party to a grievance may be submitted to voluntary grievance mediation through may, with the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly agreement of the other party, submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all at any time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen fifteen (1415) calendar days after the Employer’s decision has been rendered at the step prior to arbitration. The mediation process shall take place before the matter is referred to arbitration. (b) Grievance Mediation process is concludedwill commence within twenty-one (21) calendar days of the grievance being submitted to mediation, or such longer period as agreed to by the parties. (c) No matter may be submitted to Grievance Mediation, which has not been properly carried through the grievance procedure. (d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formalshall agree on a Mediator. (e) Any Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel may be present. It is agreed that mediation sessions are settlement negotiations and disclosures are inadmissible in any further litigation or arbitration. The parties will not subpoena or otherwise require the Mediator to testify or produce record or notes in any future proceedings. (f) It is agreed that the parties shall not rely on or introduce as evidence in subsequent arbitral or judicial proceedings anything arising during, or from the Mediation, including the fact of the Mediation, any views expressed, or suggestion made by anyone in respect of the possible settlement of the dispute, any admissions made during the course of the mediation, the fact that a grievance referred through this Grievance Mediation process party indicated a willingness to accept a proposal or recommendation for settlement made by the Mediator or proposals made or views expressed by the Mediator. (g) The Mediator will have the authority to conduct the mediation as they see fit, including having the authority to meet with either party separate. The Mediator shall keep confidential any information provided to them in the course of the mediation. However, the Mediator may disclose to any party any information provided by the other party that the Mediator believes to be relevant to the issues being mediated unless a party has specifically requested the Mediator to keep certain information confidential. (h) If a settlement is not precedent settingreached within five (5) days following the mediation, the parties are free to submit the matter to arbitration in accordance with the provisions of this Collective Agreement. f(i) The grievor Union and the Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. (b) Grievance mediation will commence within twenty- one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process:grievance procedure. a(d) The parties shall agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationon a mediator. b(e) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. (f) If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. (g) The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedparties are free to submit the matter to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator may serve as an Arbitrator, unless agreed to otherwise by the parties. Nothing said or done by the mediator may be referred to Arbitration. d(i) The parties understand Union and Employer will share the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A (a) Either party may submit the grievance to Grievance Mediation at any time within five (5) calendar days following the receipt of the reply at Step 3, or if no reply is received, within five (5) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation pro- cess shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The Item (b), or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Media- tion Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immedi- ate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within five (5) calendar days follow- ing Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration, or any documentation relied upon by either party for the first time at Grievance Mediation shall be used against it at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(l) All settlements shall be “Without Prejudice”. (m) The grievor union and the Commission will be advised by one or both share the cost of the Media- tor if any. A grievance which arises directly between the parties to this Agreement, which could not form a grievance to be processed under the foregoing grievance procedure by an affected employee, may be submitted in writing by the Union or the Commission to the other party, and such other party shall reply in writing within 12 calendar days following such submission. The parties shall attempt to meet to resolve the grievance within 30 calendar days from the date of submis- sion of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) grievance. If no resolution of the fees and expenses grievance is reached within 30 calendar days following the date of submission of the Mediatorgriev- ance to the other party, the grieving party may submit the matter to Arbitration as hereinafter provided.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance Mediation. A (a) Either party to a grievance may be submitted to voluntary grievance mediation through may, with the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly agreement of the other party, submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all at any time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen fifteen (1415) calendar days after the Employer's decision has been rendered at the step prior to arbitration. The mediation process shall take place before the matter is referred to arbitration. (b) Grievance Mediation process is concludedwill commence within twenty-one (21) calendar days of the grievance being submitted to mediation, or such longer period as agreed to by the parties. (c) No matter may be submitted to Grievance Mediation, which has not been properly carried through the grievance procedure. (d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formalshall agree on a Mediator. (e) Any Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel may be present. It is agreed that mediation sessions are settlement negotiations and disclosures are inadmissible in any further litigation or arbitration. The parties will not subpoena or otherwise require the Mediator to testify or produce record or notes in any future proceedings. (f) It is agreed that the parties shall not rely on or introduce as evidence in subsequent arbitral or judicial proceedings anything arising during, or from the Mediation, including the fact of the Mediation, any views expressed, or suggestion made by anyone in respect of the possible settlement of the dispute, any admissions made during the course of the mediation, the fact that a grievance referred through this Grievance Mediation process party indicated a willingness to accept a proposal or recommendation for settlement made by the Mediator or proposals made or views expressed by the Mediator. (g) The Mediator will have the authority to conduct the mediation as they see fit, including having the authority to meet with either party separate. The Mediator shall keep confidential any information provided to them in the course of the mediation. However, the Mediator may disclose to any party any information provided by the other party that the Mediator believes to be relevant to the issues being mediated unless a party has specifically requested the Mediator to keep certain information confidential. (h) If a settlement is not precedent settingreached within five (5) days following the mediation, the parties are free to submit the matter to arbitration in accordance with the provisions of this Collective Agreement. f(i) The grievor Union and the Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance Mediation. A Either party, with the agreement of the other party, may submit a to Grievance Mediation at any time within ten (10) days after the Employer's decision has been rendered at Step No. of the grievance procedure. Where the matter is so referred, the Mediation process shall take place before the matter is referred Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to Mediation. Grievance Mediation process is without prejudice to any position either party may take should the matter be referred to Arbitration. No matter may be submitted to voluntary Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The Mediator will be from Independent Mediation Services, or with the agreement of both parties from another mediation service, must to the grievance mediation through within the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The unless the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of periods for such Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Mediation Conference. Mediator will have the authority to meet separately with any but will not have the authority to compel the resolution of a grievance. If no settlement is reached within five (5) calendar days following Grievance Mediation, the parties agree are free to submit the matter to Arbitration in accordance with Article In the event that a grievance which has been mediated proceeds to arbitration, no person serving as the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an Arbitrator. Nothing said or done by the Mediator shall not may be binding on either party referred to at Arbitration. The Union and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to Employer will share the grievance through Grievance Mediationcost, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses if any, of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of the reply at Step 3, or if no reply is received, within ten (10) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The item (b) above, or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immediate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached, the parties are free to submit the matter to Arbitration within ten (10) calendar days following Grievance Mediation as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an Arbitrator if both parties agree. Nothing said or done by the Mediator may be referred to at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(I) The grievor Union and the Company will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A grievance may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained implement a Grievance Mediation Procedure in accordance with the grievance procedure in the Collective Agreementfollowing provisions: (a) Either party, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations agreement of the Mediator shall be made without the prejudice other party, may submit a grievance to Grievance Mediation at any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, time within fourteen (14) calendar days after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation process is concludedwill commence within twenty-one (21) calendar days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (d) The parties understand Parties shall agree on a mediator (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalConference. e(g) Any The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within seven (7) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of this collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred through this Grievance Mediation process is not precedent settingto Arbitration. f(i) The grievor Union and Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A a) At the mutual agreement of both parties the following mediation process will be used in an attempt to resolve any grievance may be submitted to voluntary grievance mediation that has proceeded through the Alberta Labour Relations Board or steps of the Grievance Procedure outlined in this Article and that has been referred by either party to Arbitration. The intent of this process is to provide a mutually agreeable forum if both parties agree and jointly submit neutral 3rd party who will attempt to resolve the grievance in a request in writing for grievance mediationtimely manner, prior to the expiration satisfaction of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationboth parties. b) Any discussions by The parties will establish a list of four (4) persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the parties or recommendations fees of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearingmediator. c) Any recommendations made The mediation session will be attended by maximum of five (5) representatives from the Mediator shall not Union and the grievor(s) and such representation as may be binding on either party and either party shall retain chosen to represent Management. The persons attending should be familiar with the right to proceed to arbitration failing a satisfactory resolution to content of the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedand have authority to enact a resolution. d) The Provided the parties understand agree, there shall be no limit to the Grievance Mediation meetings are not hearings and therefore are not formalnumber of grievances submitted for a single session. There shall be no use of legal counsel or witnesses for this mediation process. e) Any settlement of a grievance referred through this Grievance Mediation process is concessions, discussions or offers to settle the grievance, which occur during the mediation process, will not precedent settingprejudice either party at arbitration should the matter not be resolved. f) The grievor mediation session will normally be advised by one conducted at the workplace. This may be altered at the consent of both parties. Authorized attendance at the mediation session shall be without loss of regular pay or both of the parties of the date and place of this Grievance Mediation and will be invited to attendbenefits. g) Each party Any resolution for grievances submitted to this mediation process shall pay one-half (1/2) be conditional on the agreement of both parties. Any matter unresolved at the end of the fees and expenses of the Mediatormediation session may continue to arbitration or be withdrawn.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A grievance (a) Either party, with the agreement of the other party, may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all at any time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to the Arbitrator. (b) Grievance Mediation process is concludedwill commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure. (d) The parties understand shall agree on a mediator. (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalConference. The Mediator will have the authority to meet separately with either party. e(f) Any (h) If no settlement of is reached within (5) calendar days following the grievance mediation, the timeline for referring the matter to Arbitration shall be as set out elsewhere in the agreement shall be invoked and either party may refer the matter to Arbitration. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred through this Grievance Mediation process is not precedent settingto Arbitration. f(i) The grievor Union and Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at Step No. 2 of the Grievance Procedure. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to any position either party may take should the matter be referred to Arbitration. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a Grievance Procedure, provided that the parties may extend the time limits fixed in the Grievance Procedure. (e) The Mediator will be mutually agreeable forum if both agreed upon by the parties agree and jointly submit a request in writing for grievance mediation, prior must be able to commence the expiration of Grievance Mediation within the time limits set out in Clause 11.06 Step IV. The item (b) unless the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiod for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. (g) If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with any person(s), but will not have the authority to compel the resolution of a grievance. (i) If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of are free to submit the date and place of this Grievance Mediation and will be invited matter to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.Arbitration in accordance with Article

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A grievance (a) Either party, with the agreement of the other party, may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all at any time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. (b) Grievance Mediation process is concludedwill commence within twenty-one (21) calendar days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure. (d) The parties understand shall agree on a mediator. (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party unless otherwise agreed upon by the parties (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalConference. e(g) Any The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred through this Grievance Mediation process is not precedent settingto Arbitration. f(i) The grievor Union and Employer will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendMediator, if any, equally. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A grievance may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: (a) The parties agree that it is their intent to waiveresolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator/arbitrator in an effort to resolve the grievance. (b) Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. (c) Grievance mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. (d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend or suspend all the time provisions contained limits fixed in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationprocedure. b(e) Any discussions by the The parties or recommendations of shall agree on a mediator. (f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal party shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. (g) If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with either party. (i) If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedparties are free to submit the matter to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to at Arbitration. d(j) The parties understand Union and Employer will share the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A grievance (a) Either party, with the agreement of the other party, may be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit a request in writing for grievance mediation, prior to the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all at any time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen ten (1410) calendar days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to an Arbitrator. (b) Grievance Mediation process is concludedwill commence within twenty-one (21) calendar days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (d) The parties understand shall agree on a mediator. Failing agreement within twenty-one (21) calendar days of the grievance being submitted to mediation, or such longer period as agreed by the parties, the matter may be referred to arbitration. (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation meetings are not hearings and therefore are not formalConference. e(g) Any The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may be referred through this Grievance Mediation process is not precedent settingto Arbitration. f(i) The grievor Union and Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of the reply at Step 3, or if no reply is received, within ten (10) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The item (b), or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with any person or persons but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immediate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within ten (10) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(l) The grievor Union and the Employer will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendMediator if any. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of the reply at Step 3, or if no reply is received, within ten (10) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The item 8.06(b) above, or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immediate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within ten (10) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(I) The grievor Union and the Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A 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. The timelines outlined in the grievance procedure shall be frozen at the time the parties mutually agree in writing to use the grievance mediation procedure. Upon written notification of either party to the other party indicating that the mediation procedure is terminated, the timelines in the grievance procedure shall continue from the point at which they were frozen. When either party requests that any matter be submitted to voluntary grievance mediation through the Alberta Labour Relations Board or a mutually agreeable forum if both parties agree and jointly submit arbitration as provided in Article it shall make such a request in writing for grievance mediation, prior addressed to the expiration other party to the collective agreement, and at the same time, name a nominee. Within five (5) working days thereafter, the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of time limits set out in Clause 11.06 Step IVLabour for the Province of Ontario shall have the power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The parties further two nominees shall attempt to select by agreement a chairperson of the Arbitration Board. If they are unable to agree that upon such a chairperson they shall then request the following shall represent Minister of Labour for the terms Province of this Grievance Mediation process: a) The parties agree Ontario to waive, extend appoint a chairperson. No person may be appointed chairperson of an arbitration board or suspend all time provisions contained nominee who has been involved in an attempt to negotiate or settle the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of the Mediator shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both Each of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay for its own expenses, including its own witnesses, the expenses of its nominee, and one-half (1/2) of the fees and expenses of the Mediatorchairperson of the Arbitration Board. No matter may be submitted to arbitration which has not been properly carried through all previous required steps of the Grievance Procedure. The Arbitration Board shall not be authorized to alter, modify or amend any part of the collective agreement, nor to make any decision inconsistent with the collective agreement, nor to deal with any grievance outside its specific jurisdiction as set out in Article above. The proceedings of the Arbitration Board will be expedited by the parties hereto. The decision of the majority or, where there is no majority, the decision of the chairperson, shall be final and binding upon all concerned. Wherever Arbitration Board is referred to in the collective agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below. (a) Either party may submit the grievance to Grievance Mediation at any time within ten (10) calendar days following the receipt of the reply at Step 3, or if no reply is received, within ten (10) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. (b) Grievance Mediation will commence within twenty‐one (21) calendar days of the grievance being submitted to Mediation. (c) The Grievance Mediation process is without prejudice to either party. (d) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (e) The parties may agree and jointly submit a request in writing for grievance mediation, prior to the expiration appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time limits periods set out in Clause 11.06 Step IV. The item (b) above, or where the parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties mutually agree to waive, extend or suspend all the time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationperiods for such Mediator. b(f) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without and legal counsel shall not be used by either party. (g) If possible, an agreed statement of facts will be provided to the prejudice to any further proceedingsMediator, and if possible, in advance of the Grievance Mediation Conference. (h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immediate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided. (j) If no settlement is reached within ten (10) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. (k) Any settlement reached shall not be binding on either party referred to by the parties in respect of any subsequent matter and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent in any other setting. f(I) The grievor Union and the Employer will be advised by one or both of share the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A Either party, with the agreement of the other party, may submit a grievance to grievance mediation at any time within ten days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to voluntary grievance mediation which has not been properly carried through the Alberta Labour Relations Board or grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree upon a mutually agreeable forum mediator. Proceedings before the mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the mediator, and if both parties agree and jointly submit a request possible, in writing for advance of the grievance mediation conference. The mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following grievance mediation, prior the parties are free to submit the expiration matter to Arbitration in accordance with the provisions of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement. Inthe event that a grievance, with respect to the last step referring which has been mediated subsequently proceeds to arbitration. b) Any discussions , no person serving as the mediator shall serve as an arbitrator. Nothing said or done by the parties or recommendations mediator may be referred to arbitration. The Union and Employer will share the cost of the Mediator shall be made without the prejudice to any further proceedingsmediator, and the parties agree that the Mediator is not a compellable witness in any arbitration hearingif any. c) Any recommendations made by the Mediator shall not be binding on either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution to the grievance through Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. (b) Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out fixed in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process:grievance procedure. a(d) The parties shall agree to waive, extend or suspend all time provisions contained in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitrationon a mediator. b(e) Any discussions by the parties or recommendations of Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. (f) If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. (g) The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concludedparties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. d(i) The parties understand Union and Employer will share the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement of a grievance referred through this Grievance Mediation process is not precedent setting. f) The grievor will be advised by one or both of the parties of the date and place of this Grievance Mediation and will be invited to attend. g) Each party shall pay one-half (1/2) of the fees and expenses cost of the Mediator, if any.

Appears in 1 contract

Sources: Collective Agreement

Grievance Mediation. A The parties agree to implement a Grievance Mediation Procedure in accordance with the following provisions: Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to voluntary grievance mediation Grievance Mediation which has not been properly carried through the Alberta Labour Relations Board or a mutually agreeable forum if both grievance procedure, provided that the parties agree and jointly submit a request in writing for grievance mediation, prior to may extend the expiration of time limits set out in Clause 11.06 Step IV. The parties further agree that the following shall represent the terms of this Grievance Mediation process: a) The parties agree to waive, extend or suspend all time provisions contained fixed in the grievance procedure in the Collective Agreement, with respect to the last step referring to arbitration. b) Any discussions by the parties or recommendations of procedure. The Parties shall agree on a mediator Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made without the prejudice to any further proceedings, and the parties agree that the Mediator is not a compellable witness in any arbitration hearing. c) Any recommendations made by the Mediator legal counsel shall not be binding on used by either party and either party shall retain the right to proceed to arbitration failing a satisfactory resolution party. If possible, an agreed statement of facts will be provided to the grievance through Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, within fourteen (14) calendar days after the Grievance Mediation process is concluded. d) The parties understand are free to submit the Grievance Mediation meetings are not hearings and therefore are not formal. e) Any settlement matter to Arbitration in accordance with the provisions of this collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred through this Grievance Mediation process is not precedent setting. f) to Arbitration. The grievor Union and Employer will be advised by one or both share the cost of the parties of the date and place of this Grievance Mediation and will be invited to attendMediator if any. g) Each party shall pay one-half (1/2) of the fees and expenses of the Mediator.

Appears in 1 contract

Sources: Collective Agreement