Bethany Care Society Collective Agreement 2020-2024

Article 41A: Alternate Dispute Resolution Process

41A.01  The Parties agree it is in their best interests to have grievances resolved expediently, and in an economical manner, and there is benefit in having a full discussion of the issues, and therefore agree to utilize an internal dispute resolution process as follows (ADRP).

41A.02 When a grievance is filed, the Parties agree to first consider resolution using the ADRP process.  If it agreed to utilize this process, timelines as outlined in Article 42 will be suspended.  Should the ADRP process not resolve the dispute, the timelines will be implemented at that time.

41A.03

(a) The purpose of the ADRP is to have an open, non-binding discussion in an attempt to reach a resolution satisfactory to both Parties.

(b) Prior to a matter being arbitrated, the Parties may agree to refer the issue to the ADRP. Reference of a matter to the ADRP is voluntary and must be agreed to by both Parties.

(c) Discussions and proposed resolutions are made on a without prejudice basis and are for the purpose of attempting to achieve a resolution.

(d) Any and all information or documents shared during, or in preparation for the ADRP, are considered privileged and cannot be used in any further proceedings without proper introduction as evidence.

(e) Each ADRP will be heard jointly by one (1) representative from the Union and one (1) representative from the Employer.

(f) The ADRP will make recommendations to resolve the issue. Recommendations can take any form the Parties feel are appropriate. Recommendations are non-binding on the Parties and are considered privileged and may not be used for any other purpose.

41A.04 The Parties will meet through the Joint Committee during the life of the Collective Agreement to discuss the operation and effectiveness of the ADRP process.