Common use of MEDIATION – ARBITRATION PROCESS Clause in Contracts

MEDIATION – ARBITRATION PROCESS. In Disciplinary Grievances, there will be no System Board of Adjustment or Arbitration as described above. Instead, after Step 3, all Disciplinary Grievances will proceed to Mediation/Arbitration as the final and binding step. The only exception is Disciplinary Grievances involving loss of pay (i.e., disciplinary days off). In those cases, either side will have the option to take the case directly to Arbitration by notifying the other side within ten (10) working days of receiving the Step 3 decision from Labor or his designee. By mutual agreement, the parties can also have any Contractual or Discharge/Work Rule Grievance heard in this Mediation/Arbitration process. During the Mediation/Arbitration Process the parties will present a series of Disciplinary Grievances to a Mediator/Arbitrator. After hearing the cases, the Mediator/Arbitrator will first act as a mediator and assist the parties towards a resolution of the Disciplinary Grievances on a precedent setting basis, unless the parties mutually agree to make the settlement of any Disciplinary Grievance non-precedent/non- referable. If any of the Disciplinary Grievances cannot be settled during the mediation phase, the Mediator/Arbitrator will have the power to render a final, binding and precedent-setting decision similar to an arbitration award in accordance with the limitations set forth in Paragraph #17 below. Such decision(s) shall be rendered verbally to the parties at the conclusion of the Mediation/Arbitration session and in writing not to exceed one (1) page in length per case within seven (7) calendar days from the conclusion of the Mediation/Arbitration session. Each day of Mediation/Arbitration shall last no longer than eight (8) hours unless the parties mutually agree to extend the time and no more than ten (10) Disciplinary Grievances shall be heard per day unless mutually agreed otherwise. The Union will advise the Company of which Disciplinary Grievances will be heard in the Mediation/Arbitration session at least fifteen (15) working days prior to that session. The parties recognize and understand that the purpose of this Mediation/Arbitration process is to obtain resolution of Disciplinary Grievances in the most expeditious and cost-effective manner possible.

MEDIATION – ARBITRATION PROCESS. In Disciplinary Grievances, there will be no System Board of Adjustment or Arbitration as described above. Instead, after Step 3, all Disciplinary Grievances will proceed to Mediation/Arbitration as (VOLUNTARY)‌ 13.01 Notwithstanding the final and binding step. The only exception is Disciplinary Grievances involving loss of pay (i.e., disciplinary days off). In those cases, either side will have the option to take the case directly to Arbitration by notifying the other side within ten (10) working days of receiving the Step 3 decision from Labor or his designee. By mutual grievance procedure in this collective agreement, the parties can also have to the collective agreement may, at any Contractual time, agree to refer one or Discharge/Work Rule Grievance heard in this Mediation/Arbitration process. During more grievances under the Mediation/Arbitration Process the parties will present a series of Disciplinary Grievances collective agreement to a Mediatorsingle mediator-arbitrator for the purpose of resolving the grievances in an expeditious and informal manner. 13.02 The parties shall not refer a grievance to a mediator-arbitrator unless they have agreed upon the nature of any issues in dispute. 13.03 A mediator/Arbitrator. After hearing arbitrator appointed under the casesabove Article shall begin proceedings within 45 days of referral to mediation-arbitration, unless a later date is agreed to by the Mediator/Arbitrator will first act parties. 13.04 The mediator-arbitrator may adopt such procedures as a mediator and assist the parties towards a are necessary to allow an expeditious resolution of the Disciplinary Grievances on issue in dispute. Decisions by a precedent setting basismediator-arbitrator may be made in such a manner as the mediator-arbitrator chooses; however, unless a written decision shall be made at the parties mutually agree to make the settlement request of any Disciplinary Grievance non-precedent/non- referable. If any of the Disciplinary Grievances cannot be settled during the mediation phaseeither party. 13.05 In every such case, the Mediator/Arbitrator will have the power to render arbitrator shall issue a final, binding and precedent-setting brief written decision similar to an arbitration award in accordance with the limitations set forth in Paragraph #17 below. Such decision(s) shall be rendered verbally to the parties at the conclusion of the Mediation/Arbitration session and in writing not to exceed one (1) page in length per case within seven (7) calendar no later than 20 days from the conclusion date of the Mediationhearing. This opportunity applies for the duration of lay off as long as recall rights exist for the laid off employee. Any severance pay owed to such employee in the event of lay off is not payable for the duration of time during which the employee is accessing part time hours under this provision. If the employee has not been recalled to full-time employment as of expiration of his recall rights, his/Arbitration session. Each day of Mediation/Arbitration shall last no longer than eight (8) hours unless the parties mutually agree to extend the time and no more than ten (10) Disciplinary Grievances shall be heard per day unless mutually agreed otherwise. The Union will advise the Company of which Disciplinary Grievances her severance pay entitlement will be heard in based on the Mediation/Arbitration session at least fifteen (15) working days prior employee’s entitlement to that sessionseverance pay as a full time employee and will be paid as of the expiration of recall rights. The parties recognize On payment of severance pay, any subsequent access to part time employment is only on the mutual agreement of the employer and understand that the purpose of this Mediation/Arbitration process is to obtain resolution of Disciplinary Grievances in the most expeditious and cost-effective manner possibleemployee.