(a) With mutual agreement, grievance mediation may be utilized by the parties after Step 3 of the grievance procedure is completed (Section 2117.22 “Grievance Procedure”). Either party may request to mediate by forwarding a written request within fifteen (15) work days following the Step 3 answer. If the City (Human Resources) and the Union mutually agree to mediate, the time lines for filing a request for arbitration will be suspended subject to the mediation procedure. A party refusing mediation must give written notice of refusal to the other party within ten (10) work days of the receipt of the request to mediate. If mediation is refused, applicable time limits for appealing a grievance to arbitration contained in this collective bargaining agreement shall commence on the day the refusal notice is received.
The parties agree to use the services of the Federal Mediation Conciliation Service (FMCS), the State Employee Relations Board (SERB) or other mutually agreed upon mediation service. Notices of mediation requests are to be signed by both parties and forwarded to the mediator by the moving party. Should the availability of a mediator unnecessarily delay the processing of a grievance, in the opinion of either party, then either party may withdraw its consent to mediation by notifying the other party in writing. The grievance may then proceed to arbitration.
The Union may be represented at the mediation by the President, the Chief Steward or a Steward designated by the President, the grievant and a representative of AFSCME Ohio Council 8. The City may be represented by an equal number of representatives. Each party shall have one principal spokesperson at the mediation conference, who shall have the authority to resolve the grievance.
Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation conference. The mediator may, however, retain one copy of the written material to be used solely for purposes of statistical analysis.
Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at the grievance proceedings, the rules of evidence will not apply and no record of the mediation conference shall be made.
The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of the grievance.
If no settlement is reached during the mediation conference, the mediator shall provide the parties with an immediate oral advisory opinion unless both parties agree that no opinion shall be provided. The mediator shall state the grounds for his/her advisory opinion.
The advisory opinion of the mediator, if accepted by the parties, shall not constitute precedent, unless the parties otherwise agree. If either party requests, the settlement will be reduced to writing and signed by the parties.
If no settlement is reached at mediation, the parties are free to arbitrate. If the parties do not accept the advisory opinion of the mediator, the Union may appeal the grievance to arbitration. All applicable time limits for appealing a grievance to arbitration contained in this collective bargaining agreement shall commence on the day the advisory opinion is issued.
In the event that a grievance that has been mediated subsequently goes to arbitration, no person serving as a mediator may serve as the arbitrator. Nothing said or done by the mediator may be referred to at the arbitration.
The parties agree that the mediator may conduct more than one (1) mediation conference in a day.
Any fees or expenses associated with the mediation conference (e.g.: room charges) shall be shared equally by the parties.
(b) If it is the decision of the Union to submit the grievance to arbitration, then the Union shall notify the Department of Human Resources in writing within fifteen (15) workdays after the final answer of the City has been received by the Union.
Within seven (7) calendar days after this notification the Union or the City shall provide written notification to the other if the use of expedited arbitration under Section 2117.24, “Expedited Labor Arbitration Rules”, is desired. The parties will confer within seven (7) calendar days thereafter to decide if the expedited labor arbitration process is to be used, as set forth in this contract. If neither side requests expedited arbitration or the parties do not agree upon same, then the following process is to be followed.
(c) A list of seven (7) arbitrators shall be requested from the Federal Mediation and Conciliation Service or another mutually agreed source. Unless otherwise agreed, any list from F.M.C.S. shall be requested from the Northern Ohio and Michigan sub- regions. After receipt of the list, the City and the Union shall alternately strike one (1) name from the list. The side to strike the first name shall be chosen by lot.
(d) The arbitrator shall conduct a hearing within a reasonable time of his selection, at a time, date and place mutually agreed to by the parties. The arbitrator shall render a decision within a reasonable time of the conclusion of the hearing, unless the parties agree to an extension. The arbitrator shall not amend, add to or delete any of the provisions of this Agreement.
(e) The fees and expenses of the arbitrator shall be shared equally. All other expenses for witnesses or otherwise shall be borne by the party incurring the cost. However, any City employee called as a witness by either side will continue to receive his/her regular rate of pay while attending such hearing for those hours he/she would have been scheduled to work.