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Grievance mediation and arbitration are the most frequently utilized services of the LMC.
As a creature of the City of Toledo, Chapter 153 of the Toledo Municipal Code spells out the functions of the LMC. Section 153.06 specifies that:
"The LMC shall arrange for services of mediation, fact finding and arbitration as an integral part of its service, which services shall be in charge of the Administrative Director. Such facilities of mediation, fact-finding and arbitration shall be available upon agreement of the parties to a difference or disagreement. In any matter that is to be arbitrated, a stipulation shall be signed by both parties clearly defining the issue or issues to be decided and a statement to the effect that the decision will be accepted by both parties as final and binding."
The parties are free to choose what grievance resolution method will work best for them. The parties must jointly determine in advance whether the LMC will be asked to mediate, render a non-binding advisory opinion, or render a binding arbitration decision in the matter. There is no fee for these LMC grievance resolution services.
When a grievance is submitted to the LMC, the executive director is normally assigned as the mediator or arbitrator. The parties may make a specific, joint request that the LMC executive director, a single LMC public panel member, or a tripartite panel hear the case. If the parties jointly request an LMC public panel member or a tripartite panel, the LMC chairman selects the public member or the members of a tripartite panel. As the LMC members serve without compensation, the LMC does not allow the parties to select the public member or the members of the tri-partite panel.
Due to the occasional requests of some parties, the LMC maintains a roster of local arbitrators. The arbitrators on the roster range from professionals who serve on other arbitrator rosters, to LMC public panel members with labor relations neutral experience gained through service on tri-partite LMC panels. The LMC provides such lists free of charge. However, as the parties are selecting the arbitrator of their choice, the arbitrators selected in that manner may and usually do charge a fee for their arbitral service.
The LMC is available as a local mediation resource in the collective bargaining process. Initial mediation efforts may be undertaken by the LMC's executive director. If the executive director is unable to obtain a settlement, or if in his opinion a tripartite panel should immediately be utilized, the LMC chairman appoints a tripartite panel consisting of a public member, a labor member, and a management member. The LMC has no authority to compel parties to meet or to impose settlements on the parties, only persuasion is used. The LMC's mediation services are available free of charge.
The LMC can provide training and assistance to parties who wish to utilize interest-based problem solving techniques and principles to resolve a variety of work-place conflicts. Perhaps best known as "win/win" bargaining for their use in the context of negotiating a labor contract, these techniques can also be used for grievance resolution, resolving disagreements before they become grievances, or by supervisors and union stewards and committeemen to resolve other shop floor conflict. There is no charge for this service, except for any training facilities and materials used.
Upon the mutual consent of the parties, the LMC may serve as the impartial third party to conduct representation card checks and elections. At the request of local unions, the LMC has also served as an impartial party to conduct elections for local officers.
The LMC can provide information and training to unions and companies who wish to establish an in-plant labor-management committee to deal with a specific issue or issues. The LMC Executive Director can serve as a facilitator for in-plant joint committees, or even as a committee's neutral chair.
The LMC supports local economic development efforts by providing information on the local labor climate and promoting positive labor relations efforts underway in our area. The LMC has also annually presents joint awards for outstanding labor-management cooperation to area unions and employers.
The LMC is a sponsor of the Northwest Ohio Center for Labor-Management Cooperation, which fosters joint labor-management cooperative efforts in workplaces throughout 26 counties. The LMC and the Labor-Management Center work in partnership, sharing offices at The University of Toledo. This partnership provides "one-stop shopping" for labor-management relations services, and allows for cost effective use of funds.
The services of the LMC are available at the joint request of unions and employers in the Toledo area. A phone call, fax, letter or email to the LMC office is all that is needed.