Grievance Mediation

Why Should a Union and an Employer Be Interested In Grievance Mediation?

High Settlement Rate

Since November 1980, over 3,000 grievances have been mediated. Of those, 85 percent have been finally resolved without resort to arbitration. Approximately three-fourths of the settlements reached in mediation have been compromises, in which each party received part of what it wanted. The remaining one-fourth have been non-compromise settlements—either the company granted the grievance in its entirety or the union withdrew the grievance in its entirety

Low Cost

The average mediator’s fee is approximately $350 per case. This is less than 25% of the average arbitrator’s fee, and is made possible by the absence of a written opinion and the mediator’s ability to hear up to three grievances in a single day. The absence of transcripts and briefs also results in savings for the parties.

High Speed

The average time from the request for mediation to the mediation conference in less than 30 days. Because there are no post-hearing briefs or written opinions, final resolution of the grievance typically occurs at the mediation conference, not some months later, as is common in arbitration. Because it is the parties who resolve the grievance, not an outsider; and because the parties’ focus is not solely on the language of the contract, but also on the problem underlying the grievance, the result of mediation are typically more satisfactory than those achieved through arbitration.

Teaches Settlement Skills

One of the results of grievance mediation is that participants learn techniques they can use to settle grievances at earlier steps of the grievance procedure, without resort to mediation or arbitration.

Improves Employer-Union Relationship

In contrast to the win-lose focus of arbitration, the focus of mediation is on working out a mutually acceptable solution to the problem that is presented by the grievance.  In many relationships, this focus on problem solving rather than adversarial battling spreads to other aspects of the employer-union relationship and has a positive effect on that relationship. Indeed, some mediation programs have led to broader labor-management cooperation efforts.

What Types of Grievances Are Appropriate for Mediation?

The issues involved in mediated grievances have covered the entire range of those presented by the typical collective bargaining contract. In addition to discipline and discharge, mediators have dealt with such issues as contracting out, foreman working, overtime distribution, layoff and recall, job assignments, promotions and sick leave. The settlement rate has not differed significantly according to the issue being mediated. The key to settling grievances at mediation has proven to be not the issue involved, but the attitude of the parties. If both parties are willing to make a good-faith effort to settle, mediation tends to result in the same high settlement rate, regardless of the issue.

Does the Use of Grievance Mediation Lead to a Weakening of the Arbitration Process?

Not at all. Mediation enables employers and unions to reserve arbitration for those grievances that, despite the parties’ best efforts, cannot be resolved short of arbitration. Because arbitration is not used indiscriminately, but on a selective basis, its importance as the ultimate forum for the resolution of union-management disagreements is increased.

How Should a Grievance Mediation Procedure Be Set Up?

Agree on appropriate rules for grievance mediation. Some suggested rules are: