collective bargaining agreement contract between - Bureau of Indian ...

B. The parties agree that grievance mediation may be an effective method of resolving grievancesefficiently and economically by using the services of an objective third party to help the partiesgain mutually acceptable grievance resolutions. Either a mutually agreed to mediator or aFederal Mediation and Conciliation Service (FMCS) Commissioner will act as a mediator ingrievance procedures. The parties agree to the following as governing procedures for thegrievance mediation process.C. Grievance mediation may occur in each grievance step providing:D. Coverage:(1) Either party requests mediation in writing; and(2) The other party agrees to mediation, although pursuant to 370 DM 770, it is understoodthat a supervisor will participate in mediation if requested by the employee(s).(1) All matters subject to the negotiated grievance procedure are appropriate for inclusion inthe grievance mediation process.(2) In the case of disciplinary action, grievance mediation may be invoked as an intermediarystep between the decision of the deciding official and before arbitration, if arbitration hasbeen invoked.E. Requesting Mediation: While the mediator shall have no authority to impose a resolution on thegrievance, either or both parties may request that the mediator suggest a resolution or offer arecommendation to the parties. The mediator will have the authority to meet separately witheither or both parties.F. Proceedings:(1) The grievant or his/her representative will request mediation in writing.(2) Proceedings before the mediator will be informal. Rules of evidence shall not apply. Norecord of the meetings shall be made.(3) The parties may be represented by the representative(s) of their choice.(4) Those employees and supervisors who were successful and reached a resolution of thegrievance will develop a written settlement agreement.(5) An employee who agrees to utilize mediation does not waive his/her right to continue toprocess the grievance once the mediation phase is completed.G. Termination of Mediation:81