LETTER I - Grievance Mediation
The parties agree to the use of mediation in resolving grievances for the duration of this Agreement.
(1) The Faculty Association may submit or the parties may agree to submit the grievance to mediation at any time within ten (10) days following receipt of the written response of the Provost at Step 3, or if no written response is received, within ten (10) days following the expiration of the period limited for such response. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration.
(2) Mediation will normally commence within twenty-one (21) days of the grievance being submitted to mediation.
(3) The mediation process is without prejudice to either party.
(4) No matter may be submitted to mediation which has not properly carried through the grievance procedure, provided that the parties, by agreement, may extend the time limits fixed in the grievance procedure.
(5) The parties may agree to the appointment of a qualified mediator selected by the Association, and should the Association not select a mediator within fourteen (14) days following the submission of the grievance to mediation, the mediator shall be appointed by the Ministry of Labour, provided that such a mediator is able to commence the mediation within the time periods set out in paragraph (2), or where the parties mutually agree to extend the time periods for such mediator.
(6) Proceedings before the mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be in attendance for either party. The Mediation Conference shall terminate within one (1) day unless the parties otherwise agree.
(7) If possible, an agreed statement of facts will be provided to the mediator, and if possible, in advance of the Mediation Conference.
(8) The mediator will have the authority to meet separately with any person or persons, but shall not have the authority to compel the resolution of a grievance.
(9) If no settlement is reached within five (5) days following Mediation Conference, the parties are free to submit the matter to Arbitration.
(10) In the event that a grievance which has been mediated subsequently proceeds to Arbitration, no person serving as the mediator may serve as an arbitrator. Nothing said or done by the mediator may be referred to at Arbitration, nor shall any documentation relied upon or statement made at the Mediation Conference by either party for the first time at mediation be used against it by the other party at Arbitration.
(11) The terms of any settlement agreement reached shall not be referred to by the parties or the grievor in respect of either any subsequent matter or in any other setting unless mutually agreed by the parties recognizing the Faculty Association’s obligation to report to its Executive and Grievance committees.
(12) No settlement of any grievance following mediation shall serve as a precedent for any future grievance.
(13) The parties will equally share the cost, if any, of the mediator.