Common use of Process Provisions Clause in Contracts

Process Provisions. A. The Parties agree that time limits for statutory processes, e.g., ULPs, EEO Complaint Process, cannot be extended if alternative dispute resolution is utilized. The Parties also agree that the time limits for the negotiated grievance procedure will be held in abeyance if alternative dispute resolution is utilized. B. The employee may request and be given the right to representation, Union or otherwise, during the mediation attempt. C. The mediator does not have the authority to compel settlement. D. The Parties agree that the alternative dispute resolution method utilized cannot be used as a substitute for any other avenue of redress the employee may wish to pursue including the negotiated grievance procedure, the EEO Complaint Process or any other statutory appeals procedure. E. The Parties understand that if a settlement is reached through the alternative dispute resolution method, the employee may waive his/her right to process the issue in other forums.