EXPEDITED MEDIATION
"... the MEC unanimously approved a resolution that requires application for federal mediation under the Railway Labor Act (RLA).
Consistent with our focused agenda and timeline, a unique opportunity exists under the RLA that offers expedited mediation. To be approved for expedited mediation, both parties are required to first jointly file for mediation with limited open items. Expedited mediation is relatively obscure under the RLA, but we believe our bargaining to be well-situated for such a process. We have broached this subject with the Company and await their decision.
If FedEx does not agree to file for expedited mediation, either party may still file for mediation ..."
The first distinction between mediations and expedited mediation is that while either party can request mediation, BOTH parties must request
expedited mediation. The Company has claimed to be interested in a timely conclusion of negotiations, even as they have employed their usual tactics to stall, delay, and drag their feet. This is an opportunity for them to display their true intentions.
Other differences:
Parameters surrounding Expedited Mediation:
All parties must agree to the expedited process
Intensive mediation over limited time with a set of aggressive mediation sessions
Negotiation of a joint protocol agreement to establish what, when, where and how long
Limited number of issues to be discussed
NMB must believe that there is a high probability of success
Availability of NMB Mediator
Parties retain right to seek self-help
NMB continuous oversight
If no Agreement is reached, the NMB still retains its discretionary rights to determine how to proceed with the mediation case
.