ARTICLE

6

Section 1 - Commitment

The Department and the National VA Council are committed to the use of Alternative Dispute Resolution (ADR) problem-solving methods to foster a good labor/management relationship. Union and Management at all levels should be committed to the use of ADR problem-solving methods as a priority to resolve disputed matters. Those involved in the development and use of an ADR system shall be trained in the principles and methods of ADR.

Section 2 - Definitions and Intentions

A. ADR is an informal process which seeks early resolution of employee(s), union, and management disputes.

B. Any ADR process must be jointly designed by Union and Management. ADR should be effective, timely, and efficient. It should focus on conflict resolution and problem-solving and foster a cooperative labor and management relationship. Participation in the ADR process must be voluntary.

C. ADR shall be a process available to Partnerships.

D. The parties agree to ongoing evaluation to improve the process.

Section 3 - Rights and Responsibilities

A. The parties have the responsibility of informing employees and management officials of the ADR option to resolve disputes. ADR should be undertaken in good faith and not circumscribed by formal rules and regulations.

B. Employees may utilize the ADR process to resolve individual concerns with the mutual consent of Union and Management. However, the parties agree to encourage the use of ADR except for the most egregious or frivolous matters.

C. Disputes resolved by ADR are final when written and signed. Union and Management will have the right to participate in all stages of the ADR process. This is in addition to an employee's right to union representation.

D. ADR resolutions shall not be precedential unless agreed to by the parties. Resolutions under ADR cannot conflict with or supersede agreements between the parties.

Section 4 - Implementation

A. ADR is an appropriate subject matter for local negotiations.

B. ADR agreements must state the objectives of all parties as well as a commitment from all parties to resolve their disputes in a nonadversarial environment.

C. The parties at all levels shall jointly adopt an ADR problem-solving method that will include mutually agreed upon third parties. ADR methods may include but are not limited to early neutral evaluation, mediation, interest-based problem solving, peer review, conciliation, facilitation, and neutral fact-finding.

D. ADR methods may be used prior to or during a grievance/arbitration or statutory appeal. In the use of ADR processes, contractual time frames will be stayed by mutual agreement. Statutory time frames cannot be stayed.