Mediation Process Mediation Mediation History Case Layout Mediation

Mediation Process

Mediation

Mediation History & Case Layout • Mediation incorporated in contract in the early 90’s • Why the parties agreed to a mediation process • Benefits of Mediation & Outcomes – Expedites grievance processing/eliminates backlog – Identifies common workplace problems – Allows for self resolution – Evaluates the strengths and weakness

Mediation History & Case Layout Know your case Who, what, when, why Do all document request early on in process Request should be done in writing All documents should be uploaded in OH system (in your request, ask mgmt to upload) • NTA’s added to the contract for disciplines, MQ and other agreed upon grievances. This was first tested as a pilot • • •

Grievant is entitled to attend There are no official notes or recordings Guidelines of Mediation What happens at mediation can’t be brought up in an arbitration Telemediation was agreed to pilot during bargaining Discipline grievances do not get mediation (with exception to a removal) Either party may waive mediation

Scheduling of Mediation Group dates are set around October of each year for the upcoming year Staff Rep still notifies the chapter prior to each mediation day Discussions with Staff Rep and Grievant should still be occurring prior to the mediation day Settlements and WD’s should try and be complete as early as possible-we must cancel 5 days out

Arbitrator/Mediator Feedback • Best advise for advocates when presenting at mediation – Have an open mind – Know your bottom line – Be prepared – Both sides need to give a little to reach settlement – Talk to your grievant prior -educate them, set expectations – Have copies of everything

Arbitrator/Mediator Feedback (continued) • Arbitrator/Mediator biggest peeves – Not starting on time – Not being organized – Asking for continuous extensions – Don’t say opposite side is wrong if you can’t prove – No need to yell and scream to the opposing party, have civil exchanges, treat everyone with respect – Point out the actual contract language violation – Have documents in order and lay them out in your argument for the mediator or arbitrator – No need for multiple grievances to be filed for the exact same issue – Be clear in your remedy

Members see quicker results Minor issues can be tackled and resolved immediately Why Resolve Early? It shows the Union can deliver Can build relationships The Issue stays in house Leaves it out of the hands of a 3 rd party at the arbitration level Always keep ongoing communication with the grievant