November 15, 2003 Souther Mediation Services, Inc. 1 Welcome to an Open Event (Special Needs and Applications) Voluntary Mediation in a Union Environment

November 15, 2003Souther Mediation Services, Inc.1

Welcome to an Open EventWelcome to an Open Event (Special Needs and Applications)

Voluntary Mediation in a Union Environment

Presented by: C. S. “Skip” Souther Souther Mediation Services, Inc.


Voluntary Mediation in a Union Voluntary Mediation in a Union EnvironmentEnvironment A Short Overview & DiscussionA Short Overview & Discussion


Our goal is to get from Our goal is to get from this this to thisto this

in the most expedient and cost effectivemanner possible


DisclaimerDisclaimer

This will not be a legal treatise or an in-depth look at the use of Voluntary Mediation in the workplace.

I am not an attorney nor an Arbitrator. What follows is a perspective based on my observations

and experiences over the last 25 plus years in thefield of Labor Relations in a unionized workplace.


ContextContext

We will not be talking about the use of mediation during bargaining for resolution of impasses.

Nor about mediation within the context of the Grievance Procedure as defined within most Bargaining Agreements.

We will discuss the use of Voluntary Mediation as a viable, alternative method to resolve workplace differences between….


ContextContext (con’t)(con’t)

– Between two parties – a supervisor and an employee, with a 3rd party neutral as the Mediator

– Between two parties – a supervisor and an employee, with the supervisor performing the dual role of the Mediator

– Between two parties – two employees with the supervisor as the Mediator


Context Context (con’t)(con’t)

“The distinction between collective bargaining, mediation, fact-finding, and arbitration can be seen more clearly if one considers each a stage in the relationship between labor and management. Collective bargaining is

the first stage and arbitration the last. Mediation and fact-finding occupy intermediate stages.”

Elkouri & Elkouri, 5th Edition How Arbitration Works


Classic Dispute ResolutionClassic Dispute Resolution in a Union Environmentin a Union Environment

• Grievance Procedure• Oral

• 1st step

• 2nd step

• 3rd step

• Arbitration (binding)

• Hold in abeyance pending negotiations• “Side Agreement”


Role of the ArbitratorRole of the Arbitrator

The scope of the Arbitrator’s authority is defined by the Arbitration clause within the Bargaining Agreement/Contract : i.e. does the Contract state the Arbitrator has authority in “all disputes” or “any differences”

Or

In cases of alleged violation of the specific articles and sections of the Agreement


Alternate Dispute ResolutionAlternate Dispute Resolution(ADR)(ADR)

Non binding Arbitration Binding Mediation Voluntary Mediation


Grievance or Dispute?Grievance or Dispute?

Mediation is contextual

It only works if it is used in the right place and at the right time

It is important to understand that there can be a significant distinction between agrievance and a dispute.


GrievanceGrievance

A grievance, “filed” by the one who feels he/she has been aggrieved, refers to a specific circumstance that is thought to be unjust or injurious, and thus grounds for a complaint.

Most Labor Agreements specify that a “grievance” is a specific issue between the Company and the Union or between the Company and one or more members of the Union regarding the interpretation, application or violation of a specific article or section of the Labor Agreement.


GrievanceGrievance (cont’)(cont’)

The procedure for “settling” the “grievance” is specified in the Agreement and usually involves a number of steps as noted previously.

Grievances are typically “public” meaning the circumstances are freely discussed throughout the workplace with “he said – she said”, rumor and innuendo typically obscure and/or distort the facts. There is neither confidentiality nor opportunity to“discuss” the issue in a non-adversarial setting.


Grievance Grievance (cont’)(cont’)

The economic impact on the company of “processing” a grievance is significant when you consider the number of people (Company(Management) and Union) involved at every step and the “time away” from the job.

In the mid 90’s a large southern mill did an economic impact study of the cost of processing grievances. The average cost of a grievance (not including any specific economic settlement such as miss assignment of overtime and excluding the grievances that went to arbitration) averaged $3500.


Grievance Grievance (con’t)(con’t)

More important than cost was the finding that the majority of the grievances “filed” in the large southern mill, even those that went up to the 3rd step, turned out to be “complaints”, “differences”, or disputes, not specific to the Labor Agreement or a Contract violation.

The majority of the issues that were “heard” by the General Manager (3rd step) were referred back to the 1st or 2nd step with assurances that both parties would “listen” and strive for a mutually acceptable agreement.


DisputeDispute

Typically a dispute is a situation involving two people who do not see “eye to eye” concerning an “on-going” issue.

The dispute may or may not arise from within the workplace; it may be a “carry over” from a non-work related difference of opinion or belief.

The dispute impacts on the ability of the two parties to work together and it is perceived by others to be disruptive to the workplace in general.


Dispute Dispute (con’t)(con’t)

Disputes typically evolve or escalate over time, involve co-workers, as well as other workers and supervisors, are of a private or confidential nature, and are issues not specifically addressed in the Labor Agreement. The process of Voluntary Mediation provides a cost effective, confidential, way for the disputants to resolve their differences with a mutually agreed upon resolution.


Grievance Procedure v MediationGrievance Procedure v Mediation

“Why not try Voluntary Mediation? We have nothing to lose!”

Warning: Once you “start down the road” of Voluntary Mediation, in lieu of “handling a grievance”, turning back is not a viable option. Management and Union leadership actions go under the microscope and the “trust quotient” becomes subject to irreparable damage.


Grievance Procedure v MediationGrievance Procedure v Mediation(con’t)(con’t)

It is vitally important that both Management and Union leadership visibly support the use of Voluntary Mediation.

The Leadership Group must demonstrate that they believe Voluntary Mediation is a two way street with a gain/gain result as the desired outcome vs. win/lose that is inherent in the grievance procedure.


Implementing Voluntary Implementing Voluntary Mediation in a Union EnvironmentMediation in a Union Environment“In the life cycle of every conflict, there is a point when it’s large enough to be recognized, but small enough to be

resolved.” Dan Dana, Dana Mediation Institute, Inc.

The Voluntary Mediation process must be mutually agreed to by both the Union and Management leadership

“Mediators” must be properly trained (MAM/SAM) Start with an agreed to “trial period” with periodic

monitoring and scheduled review dates set in advance Conduct at the lowest practical level All parties support the outcome


Implementing Voluntary Implementing Voluntary Mediation in a Union EnvironmentMediation in a Union Environment Follow simple criteria when agreeing to mediate

ConfidentialNot necessarily work relatedSpecific to an individual as apposed to a group or all

Union MembersNon-precedent settingNon-economic resolution 3rd Party or Self Mediation left up to the parties “On the clock”Neutral location, off the beaten path


Agreement to MediateAgreement to Mediate

Good way to start discussionSpells out the ground rulesClarifies each party’s rolesVerbal – 2 party mediationWritten – 3 party mediation with signature


Mediation AgreementMediation Agreement

Documents the mutually agreed resolutionApplies to Two parties only (non-binding)Specifies what each party will do going

forwardMay or may not include target datesIncludes agreement to continue to meet

and review progressSigned, one copy each, confidential


Periodic ReviewPeriodic Review

Union and Management meet as agreed to discuss whether or not Voluntary Mediation is working as expected

Must maintain confidentiality of specific mediations

Modify the criteria and/or ground rules as appropriate

Continue to support and encourage process


DiscussionDiscussion

Questions?Concerns?Comments?


Thank You!Thank You!