ARTICLE 47
ALTERNATIVE DISPUTE RESOLUTION

SECTION 1 - COMMITMENT

The Agency and Union are committed to the use of Alternative
Dispute Resolution (ADR) problem-solving methods as an option to
resolve disputed matters and to foster a good labor/management
relationship. Employees, management, and union officials
involved in the development and use of ADR 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 or programs must be jointly designed by the
Agency and Union. ADR should be effective, timely and efficient,
focus on conflict resolution and problem-solving and foster a
cooperative labor-management relationship.

C. ADR utilizes methods which may include but are not limited to
mediation, interest-based problem solving, conciliation,
facilitation, and neutral fact finding. Examples of some sources
for third-party mediators are trained management representatives,
union officials and other federal employees on a roster of
trained neutrals.

SECTION 3 - RIGHTS AND RESPONSIBILITIES

A. The Agency and Union have the responsibility of informing
employees and management of the ADR option to resolve disputes.
ADR should be undertaken in good faith.

B. Employees may voluntarily utilize the ADR process to resolve
individual concerns with the mutual consent of the Agency and
Union, except when using the EEO complaint process. The Agency
and Union agree to encourage the use of ADR except for the most
egregious or frivolous matters.

C. For the EEO complaint process, employees may voluntarily
utilize the ADR process without union consent.

D. Settlement agreements resulting from ADR processes are final
when written, reviewed for legal sufficiency, and signed by the
parties to the dispute or their representatives. The parties to
the dispute have the authority to use ADR at all stages of the
dispute.

E. ADR resolutions, and agreements to use ADR, are not precedent
setting. Settlement agreements under ADR cannot conflict with or
supersede negotiated agreements.

F. Agreements to enter into the ADR process must state the
objectives of all parties to the dispute as well as a commitment
from all parties to the dispute to resolve their differences in a
non-adversarial environment.

G. 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 or regulatory time frames cannot be stayed.

H. The Agency and Union agree to ongoing evaluation to improve
the process.

SECTION 4 - IMPLEMENTATION

The implementation of ADR is an appropriate subject matter for
local negotiations. Any change to ADR programs will be
negotiated.

This Section may be supplemented.