Level IV - Mediation Clause Samples
Level IV - Mediation a. If the grievance is not resolved to the satisfaction of the Grievant at Level III, the Grievant may appeal, within ten (10) days of the delivery of the Level III decision, the grievance to Level IV.
b. In such case, the Association and the District will mutually agree upon the identification of a mediator. Upon appointment of the mediator, mediation shall be scheduled according to the availability of the mediator and the parties.
c. The mediation process shall be completed within twenty (20) days following the Grievant’s appeal to Level IV, unless the parties mutually agree to extend the twenty- (20) day time requirement.
d. If an agreement is reached, the agreement shall be written and shall be signed by all the parties to the mediation. All settlement agreements shall be non-precedential and shall constitute only a settlement of the particular grievance.
Level IV - Mediation. If the grievance is not adjusted at Level III, the Association may submit a written request to the Superintendent or designee for mediation within ten (10) days of the Level III response. Upon receipt of the request for mediation by the Superintendent or designee, the District and Association shall jointly submit a request for the services of a mediator from the California State Mediation and Conciliation Service. During the pendency of mediation, the time lines for further processing of the grievance shall be stayed.
Level IV - Mediation. If the decision by the Board at Level III does not resolve the grievance, the grievance may be appealed to the Federal Mediation and Conciliation Services (FMCS) for mediation. The Notice of Appeal to mediation shall be submitted to the Superintendent within ten (10) working days from the receipt of the Superintendent’s written response to the grievance. The parties must mutually agree to utilize this step. Upon mutual agreement to utilize the mediation process, the parties will first attempt to agree on a FMCS mediator. If unable to agree, the parties will request for FMCS to appoint a mediator. The mediation will be conducted pursuant to FMCS Rules and Regulations. Should the grievance not be resolved in mediation, the grievance may proceed to Step V.
Level IV - Mediation. (a) If the grievant and the Association are not satisfied with the disposition at Level III, the Association may, within ten (10) working days of receipt of the Level III response, appeal in writing to the Board requesting FMCS mediation. If either party rejects mediation, it must communicate such rejection to the other party in writing within ten (10) working days of the Level III response, or the appeal to mediation, whichever is applicable. The rejecting party must provide a reason for the rejection, which will be accepted. If mediation is rejected, the Board step (below) will be held.
(b) The parties will mutually agree to a mediator. If unable to do so, the Association shall ask FMCS to appoint a mediator. The mediation will be conducted pursuant to the FMCS rules. A Board member will participate in the mediation, if possible.
Level IV - Mediation. 7 13.3.3.1 Request for Mediation 8 In the event that the grievant is not satisfied with the 9 decision at Level II, they, within five (5) days, may 10 request in writing that the Association submit the matter 11 to mediation. Within five (5) days of the request of the 12 grievant, the Association may notify the Superintendent 13 in writing of a request for the services of a State 14 mediator. The district shall then contact the California 15 State Mediation and Conciliation Service within ten (10) 16 days and request that a mediator be provided.
17 13.3.3.2 Mediation 18 At the onset of mediation sessions, the mediator shall be 19 presented with positions of both parties and shall attempt 20 to mediate the disagreement.
21 13.3.3.3 Mutual Agreement 22 The parties shall attempt to reach agreement through 23 mediation within fifteen (15) days. If mutual agreement 24 by the parties is reached, that agreement shall be reduced 25 to writing and signed as final and binding.
26 13.3.3.4 Fees and Expenses 27 Any fees or expenses incurred shall be borne by the party 28 incurring them.
Level IV - Mediation. A. It is the understanding of the District and the Union that the State Mediation and Conciliation Service (SMCS) is at no cost. In the event the SMCS charges for these services in the future, the District and the Union will share the cost equally.
B. If there is no mutual agreement for mediation between the District and the Union within 15 days of the Level III decision, the District or the Union may proceed to Level V, Binding Arbitration.
Level IV - Mediation. (Optional) Prior to the submission of a grievance to Level V, either CSEA or the District may request that the parties utilize the services of the State Conciliation Service for mediation and recommendation regarding the outcome of the grievance. Such request shall be made within 15 days of receipt of the Superintendent's proposed decision. If a satisfactory resolution of the grievance is achieved by means of this mediation process, both parties to the grievance shall sign a written statement to that effect and shall waive any right to a further appeal of the grievance.
Level IV - Mediation. A. If the Union is not satisfied with the decision at Level III, the union may request the matter be submitted to mediation or other dispute resolution methods. If the dispute is resolved during mediation, the agreed upon resolution shall be final and binding.
B. It is the understanding of the District and the Union that the State Mediation and Conciliation Service (SMCS) is at no cost. In the event the SMCS charges for these services in the future, the District and the Union will share cost equally.
C. If there is no mutual agreement for mediation or other dispute resolution methods between the District and the Union within fifteen (15) days of the Level III decision, the District or the Union may proceed to Level V, Binding Arbitration.
Level IV - Mediation. If after receiving the answer at Level III the employee remains aggrieved, the Association shall, in writing, request that the matter be submitted to mediation with the Federal Mediation and Conciliation Service. This request shall be made within fifteen (15) working days from the receipt of the answer given at Level III. The parties agree to participate in the mediation of all the issues set forth in the grievance(s) at the first meeting date available to the mediator, but no later than thirty (30) days from the filing of the request for mediation. If the mediation process is not successful or is not initiated, and the employee remains aggrieved, the Association may proceed to Level V.
Level IV - Mediation a. If the grievant and the Association are not satisfied with the disposition at Level III, the Association may, within ten