Common use of Grievance Mediation (Optional Step) Clause in Contracts

Grievance Mediation (Optional Step). Grievance mediation is an optional and 5 voluntary part of the grievance resolution process. It is a supplement to, not a substitute 6 for, grievance arbitration. When both parties have agreed to grievance mediation, the 7 contractual time limit for moving the grievance to arbitration shall be suspended for the 8 period of mediation. 9 7.4.4.1. If the grievance has not been satisfactorily resolved at any step prior to 10 arbitration, either party may, within five (5) days of the written decision, request 11 mediation. Both parties must agree to the mediation and then submit a joint 12 request to Public Employment Relations Commission (PERC) for the assignment 13 of a mediator. Grievance mediation must be completed within twenty-five (25) 14 days of the request. The twenty-five (25) day timeline may only be extended by 15 mutual consent. If the parties do not agree to a time extension, the mediation 16 request shall be withdrawn and the grievance process shall be resumed. 17 7.4.4.2. The grievance mediation process shall be informal. No formal record 18 shall be made of the proceeding. Both sides shall be provided ample opportunity 19 to present evidence and arguments to support their cases. The mediator may 20 meet with the parties in joint or separate caucuses. 21 7.4.4.3. At the request of both parties, the mediator shall issue a 22 recommendation for settlement. Either party may request that the mediator 23 assess how an arbitrator might rule in this case. 24 7.4.4.4. The grievant shall be present at the grievance mediation proceeding. If 25 the grievance is resolved, the parties shall sign an agreement indicating the 26 terms of the settlement. 27 7.4.4.5. If the grievance is not resolved and is subsequently moved to arbitration, 28 the mediation shall be de novo. Nothing said or done by the parties or the 29 mediator during grievance mediation with respect to their positions concerning 30 resolution or offers of settlement may be used or referred to during arbitration.

Grievance Mediation (Optional Step). Grievance mediation is an optional and 5 22 voluntary part of the grievance resolution process. It is a supplement to, not a substitute 6 23 for, grievance arbitration. When both parties have agreed to grievance mediation, the 7 24 contractual time limit for moving the grievance to arbitration shall be suspended for the 8 25 period of mediation. 9 26 7.4.4.1. If the grievance has not been satisfactorily resolved at any step prior to 10 27 arbitration, either party may, within five (5) days of the written decision, request 11 28 mediation. Both parties must agree to the mediation and then submit a joint 12 29 request to Public Employment Relations Commission (PERC) for the assignment 13 30 of a mediator. Grievance mediation must be completed within twenty-five (25) 14 31 days of the request. The twenty-five (25) day timeline may only be extended by 15 32 mutual consent. If the parties do not agree to a time extension, the mediation 16 33 request shall be withdrawn and the grievance process shall be resumed. 17 34 7.4.4.2. The grievance mediation process shall be informal. No formal record 18 1 shall be made of the proceeding. Both sides shall be provided ample opportunity 19 2 to present evidence and arguments to support their cases. The mediator may 20 3 meet with the parties in joint or separate caucuses. 21 4 7.4.4.3. At the request of both parties, the mediator shall issue a 22 5 recommendation for settlement. Either party may request that the mediator 23 6 assess how an arbitrator might rule in this case. 24 7 7.4.4.4. The grievant shall be present at the grievance mediation proceeding. If 25 8 the grievance is resolved, the parties shall sign an agreement indicating the 26 9 terms of the settlement. 27 10 7.4.4.5. If the grievance is not resolved and is subsequently moved to arbitration, 28 11 the mediation shall be de novo. Nothing said or done by the parties or the 29 12 mediator during grievance mediation with respect to their positions concerning 30 13 resolution or offers of settlement may be used or referred to during arbitration.