Carewest Collective Agreement 2020-2024

LETTER OF UNDERSTANDING #7

BETWEEN

CAREWEST

- and -

HEALTH SCIENCES ASSOCIATION OF ALBERTA
(hereinafter referred to as the Union)

RE:  EXPEDITED MEDIATION AND EXPEDITED ARBITRATION PROCESS
 

1. In the event of a dispute of a grieveable nature, the Parties may mutually agree to refer the matter to an expedited mediation process and/or an expedited arbitration process in accordance with the procedures set out in this Letter of Understanding.
2. An alleged grievance to be pursued pursuant to Item 1 of this Letter of Understanding must be set out in writing by the Employee, the Union or the Employer as required by Article 46.02 of the Collective Agreement. The written grievance must outline the article of the agreement allegedly violated, details surrounding the grievance and the remedy requested.
3. Expedited Mediation
   1. The mediator shall be mutually agreed upon by the Union and the Employer:
      1. The mediator shall, within ten (10) calendar days, meet with the Parties, investigate the dispute and define the issues in dispute.
      2. During the proceedings, the Parties shall fully disclose all materials and information relevant to the issue(s) in dispute.
      3. The purpose of the mediator’s involvement in the grievance process is to assist the Parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged, and shall not be used for any other purpose.
      4. The grievance may be resolved by mutual agreement between the Parties. The Parties may request that the mediator issue a report including non-binding recommendations.
   2. The expenses of the mediator shall be borne equally by both Parties.
   3. If the Dispute is not resolved after the mediation, the matter   may then be referred to a Sole Arbitrator or Arbitration Panel within thirty (30) days from the last meeting with the Mediator.
4. Expedited Arbitration
   1. The Parties shall agree upon a Sole Arbitrator or Arbitration Panel who is available and capable of meeting with the Parties and rendering a decision within three (3) months of the appointment.
   2. Written reasons for the decision shall be issued only to the extent the Sole Arbitrator or Arbitration Panel deems necessary to convey the decision.
5. Failure by the Parties to agree upon a Mediator, Sole Arbitrator or Arbitration Panel pursuant to items 3 and 4 above, shall result in the dispute reverting to Article 46.02 of the Collective Agreement for resolution.
6. All relevant provisions of Article 46 (Grievance Procedure) and Article 47 (Grievance Arbitration), except as modified by this Letter of Understanding shall continue to apply when utilizing expedited mediation or expedited arbitration.
7. This Letter of Understanding is in force and effect pursuant to Article 1.01 of this Collective Agreement.