Rules Applicable to Grievance Mediation Clause Samples
The "Rules Applicable to Grievance Mediation" clause establishes the specific procedures and guidelines that govern how grievances are mediated between parties. It typically outlines the steps to initiate mediation, the selection of a mediator, timelines for the process, and the conduct expected from both parties during mediation sessions. By clearly defining these rules, the clause ensures that both parties understand the mediation process, promotes fairness, and helps resolve disputes efficiently without resorting to litigation.
Rules Applicable to Grievance Mediation. Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process. Settlements reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance. Anything said or done at mediation will not be used against either the Employer, employee, or the Union at any subsequent arbitration. At any subsequent arbitration hearing or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness. No transcripts or records will be kept by the mediator other than the mediation occurred, when, where, the parties to the dispute and whether settlement was achieved. Parties to the mediation will have the authority to conclude a settlement at mediation.
Rules Applicable to Grievance Mediation. Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process. Settlements reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance. Anything said or done at mediation will not be used against either the Employer, employee, or the Union at any subsequent arbitration. At any subsequent arbitration hearing or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness. No transcripts or records will be kept by the mediator other than the mediation occurred, when, where, the parties to the dispute and whether settlement was achieved. Parties to the mediation will have the authority to conclude a settlement at mediation. The mediator will provide an introduction or the mediation process, e.g. – concept, ground rules, process and questions. The process will be determined by the parties to the mediation with respect to the collective agreement, opportunities to comment, and meeting as a group or individually with the mediator. If a settlement can be reached, the terms of the settlement will be put in writing, and signed by the parties. If no agreement is possible, the mediator will verbally set out respective positions, and points of difference. The mediator my shut down the mediation process if it appears resolution is unlikely.
Rules Applicable to Grievance Mediation. Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process. Settlements reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance. Anything said or done at mediation will not be used against the Employer, Employee, or the Union at any subsequent arbitration. At any subsequent arbitration hearing or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness. Unless agreed otherwise by both parties, no transcripts or records will be kept by the mediator other than verification the mediation occurred, along with the names of parties in the dispute, the time, the location and whether settlement was achieved. Parties to the mediation will have the authority to conclude a settlement at mediation.
Rules Applicable to Grievance Mediation. Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process. Settlements reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance. Anything said or done at mediation will not be used against the Employer, employee, or the Union at any subsequent arbitration. At any subsequent arbitration hearing or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness. No transcripts or records will be kept by the mediator other than the mediation occurred, when, where, the parties to the dispute and whether settlement was achieved. The parties will agree at mediation the extent to which the resolution will be kept confidential or shared. Whenever possible, the Parties will have the authority to conclude a settlement at mediation. When it is not possible and outside approval is required it shall be disclosed at the outset of the mediation. At the conclusion of the mediation, once a potential resolution is achieved, the parties will advise as to whether or not they are prepared to recommend and sign the recommendation.
Rules Applicable to Grievance Mediation. 20.4.1 Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process.
20.4.2 Settlements reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance.
20.4.3 Anything said or done at mediation will not be used against either the Employer, employee, or the Union at any subsequent arbitration.
20.4.4 At any subsequent arbitration hearing or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness.
20.4.5 No transcripts or records will be kept by the mediator other than the mediation occurred, when, where, the parties to the dispute and whether settlement was achieved.
20.4.6 Parties to the mediation will have the authority to conclude a settlement at mediation.
Rules Applicable to Grievance Mediation. Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process. Settlements reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance. Anything said or done at mediation will not be used against the Employer, employee, or the Union at any subsequent arbitration. At any subsequent arbitration hearing or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness. No transcripts or records will be kept by the mediator other than the mediation occurred, when, where, the parties to the dispute and whether settlement was achieved. Parties to the mediation will have the authority to conclude a settlement at mediation. In the event that an employee is called as a witness in the arbitration hearing, the Employer shall grant leave and expenses which shall be applicable as follows:
a) If called by the Employer, leave without loss of pay and expenses paid by the Employer.
b) If called by the Union, leave in accordance with Article 16.13, and expenses paid by the Union.
c) If called by the arbitrator, the parties shall share equally the costs.
Rules Applicable to Grievance Mediation a) Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process.
b) A settlement reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance.
c) Anything said or done at mediation will not be used against the Employer, Employee, or the Union at any subsequent arbitration.
d) At any subsequent arbitration hearing or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness.
e) No transcripts or records will be kept by the mediator other than a record of time at and location where the mediation occurred, the parties to the dispute and whether settlement was achieved.
f) Parties to the mediation will have the authority to conclude a settlement at mediation.
Rules Applicable to Grievance Mediation. Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process. Settlements reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance. Anything said or done at mediation will not be used against the Employer, employee, or the Union at any subsequent arbitration. At any subsequent arbitration hearing or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness.
Rules Applicable to Grievance Mediation. Rules of evidence do not apply, and proceedings are informal; the grievor and management respondent participate in the process. • Any document provided prior to, or during the mediation will be returned to the issuing party at the end of the mediation. • Unless the parties agree otherwise, settlements reached at mediation will not be considered a precedent and will not be raised in support of any future case. • Anything said or done at any mediation cannot be used against a party in any subsequent arbitration. • If no settlement is reached, the parties may proceed to arbitration. • A mediator cannot serve as the arbitrator should the case be referred to arbitration and is not a compellable witness in that arbitration or any hearing on the matter by the Labour Relations Board. • No transcript or record of the mediation is kept by the mediator other than that the mediation occurred, when, where, as well as the parties, the issue in dispute and whether settlement was achieved. • If there is no settlement, the mediator will provide an advisory opinion as to the likely outcome, if the matter is advanced to arbitration given precedent and arbitral norms. • The parties to the mediation will have the authority to conclude a settlement at the mediation. • Attendees to the mediation include the grievor, the manager respondent, the local ▇▇▇▇▇▇▇, the labour relations officer. Additional persons may attend by mutual consent. • Mediation will normally occur at the worksite or at the union or employer's premises. The parties will jointly share the costs of mediation. • Brief introduction to the grievance mediation process, by the mediator (concept, process, ground rules, questions). • Mediator presented with a joint statement of facts prepared in advance of the hearing by the parties.
Rules Applicable to Grievance Mediation. Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process.