Overview
The Bureau of Mediation has a staff of qualified and experienced labor mediators to assist in the resolution of collective bargaining impasses, resolve contractual disputes, and improve relationships between employers and employee organizations. The Bureau of Mediation provides mediation services during the process of collective bargaining, grievance mediation services, panels of qualified neutral arbitrators for grievance arbitration cases, and jointly requested voluntary card checks when appropriate. The Bureau of Mediation also offers related training programs and educational presentations to assist labor relations practitioners and their clients or members.
Bureau of Mediation Programs
All grievance arbitration in the public sector under Act 195 of 1970 is governed by Section 903 of the Act. The Bureau of Mediation is responsible for maintaining a roster of qualified neutral labor arbitrators and issuing panels as requested by parties in dispute.
The Bureau will also issue grievance labor arbitration panels to private sector parties upon request. There is no fee for the issuing of panels.
Arbitrators are independent and are not in the employ of the Bureau of Mediation. Arbitrators determine their own fees and expense structure, and the Bureau of Mediation is not involved in the financial transactions between the Arbitrator and the parties. The Bureau does advertise arbitrator’s fees on the Bureau’s public web site based on the latest information provided by individual arbitrators.
The Bureau will issue panel sizes based on the agreement and request of the parties and endeavors to comply with otherwise jointly requested panel criteria. The default panel size will include the names of seven (7) arbitrators unless the parties specify otherwise.
Upon selecting an arbitrator from the panel, the parties shall notify the Bureau of their selection and the Bureau will notify the arbitrator selected and direct them to contact the parties to determine a time and place for the hearing.
The parties share the cost of arbitration, including fees and expenses, equally. You may verify fees with the arbitrator.
Pennsylvania Labor Mediation Act and the Confidentiality of the Mediation Process
The Pennsylvania Labor Mediation Act (PLMA), as amended, requires confidentiality in the mediation process. Section 4 of the Act reads, in part, as follows.
“Information disclosed by a party to a mediator in the performance of mediation functions shall not be divulged voluntarily or by compulsion. All files, records, reports, documents or other papers received or prepared by a mediator while serving as such shall be classified as confidential. The mediator shall not produce any confidential records of, or testify in regard to, any mediation conducted by him on behalf of any party in any type of civil proceeding.”
This requirement encourages parties in dispute to trust the mediation process and utilize the mediator effectively during their efforts to resolve their dispute or impasse without concern that information shared with the mediator might be publicized or prejudice their bargaining position. It also avoids the potential that a mediator might be compelled to produce confidential information or provide testimony in a future dispute or related litigation of unresolved issues. This provision of the PLMA protects all parties involved in the process, cultivates trust, and provides a level of confidence as the mediator works with the parties to resolve their dispute in a confidential manner.
Forms
The Bureau of Mediation provides forms for labor and management services that you can download online. If you need a different version of a form, please contact the Bureau of Mediation at 717-787-2803.
Contact us
For quick responses, email the Bureau of Mediation Services at RA-LIBMED@pa.gov. Include your contact details. This is also the best way to submit official notices and requests to the Bureau of Mediation.
You can also reach us at:
Bureau of Mediation Headquarters Department of Labor & Industry
651 Boas Street
Harrisburg, PA 17121
Phone: (717) 787-2803