Labor-Management Relations and Mediation offers a variety of mediation services designed to assist labor and management in moving toward a more cooperative and productive relationship in collective bargaining settings. The services of the Office of Labor-Management Relations and Mediation are provided at no cost.
Our services include, but are not limited to:
At the request of both parties to a dispute, our mediators make themselves available until the dispute is resolved or until it is agreed by all parties that a resolution cannot be reached.
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Assisted by a mediator, a union and employer seek to resolve grievances without resorting to binding arbitration. Grievance mediation is typically used only after all other pre-arbitration steps in the collective bargaining process have been exhausted.
The process works very much the same way as collective bargaining mediation. The mediator meets with both parties in joint sessions and separate caucuses. In these sessions the mediator attempts to determine the real interests that underlie the stated positions in the grievance. The mediator then attempts to bring labor and management to a solution that will satisfy the interests of both parties.
Proceedings before the mediator are informal, quick and inexpensive. Several cases may be disposed of in a single day. In grievance mediation, preparation and presentation are substantially reduced and no court reporters, transcripts or lengthy written awards are necessary. Facts in the case are brought out in narrative form and the rules of evidence do not apply. Additionally, the process is private and confidential. Both parties agree up front that offers of settlement may not be used in any arbitration proceeding.
Why use grievance mediation?
In addition to providing a quick and inexpensive resolution, grievance mediation provides the parties a means to find a mutually acceptable solution to the problem. In mediation, a creative remedy may be identified since the focus is on problem solving rather than traditional adversarial positions and rights oriented, win/lose advocacy.
How to request a grievance mediation:
If your collective bargaining agreement provides for mediation, a formal written request from the labor organization and the employer should be forwarded to:
Nyle Mullins
Chief Mediator
Kentucky Labor Cabinet
Employment Standards, Apprenticeship and Mediation
1047 U.S. HWY 127 South, Suite 4
Frankfort, KY 40601
Your request should contain a brief description of the issue(s) to be mediated.
Guidelines for grievance mediation:
The Office of Labor-Management Relations and Mediation can suggest guidelines, however, the parties must agree on appropriate rules for their specific situation. Some suggested rules include, but are not limited to:
- The grievant is entitled to be present at the mediation session. If the parties reach agreement through this process, the grievant should sign the agreement to indicate acceptance. The mediator has no authority to compel resolution of the grievance.
- If no settlement is reached at mediation, the parties are free to arbitrate. Nothing said or done by the mediator may be referred to at arbitration, and nothing said or done by either party at mediation may be used against it by the other party at arbitration. If no settlement is reached, the mediator may provide the parties, either in separate or joint sessions, an oral advisory opinion unless both parties agree that no such opinion need be provided.
- Resolutions reached through mediation may be nonprecedential.
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In KRS 336.1661-1664, the commissioner of the Department of Labor is charged with maintaining a roster of qualified arbitrators and forwarding the roster to any interested party upon request. There is no charge for this service. Currently, arbitrators listed on the roster may not charge the parties more than $400 per day and no more than $2000 per arbitration case.
The statute also requires all persons listed on the Roster of Arbitrators to comply with all rules and regulations promulgated by the commissioner of the Department of Labor pertaining to arbitration and ethical standards; and prohibits the arbitrator from becoming an employee of the Department of Labor by virtue of their listing, selection or appointment.
For more information concerning the Roster of Arbitrators contact:
Jodie Craig
Program Coordinator - Labor-Management Relations and Mediation
Kentucky Labor Cabinet
Employment Standards, Apprenticeship and Mediation
1047 U.S. HWY 127 South, Suite 4
Frankfort, KY 40601
(502) 564-3203
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