Where there is a difference between the parties to or persons bound by the Agreement or on whose behalf it was entered into, concerning its content, meaning, application or violation, the aggrieved party shall within forty-five (45) teaching days of the event giving rise to the violation or difference, or within forty-five (45) teaching days from the date on which the grievor became aware of the event giving rise to the violation or difference, whichever is later, notify the other party in writing stating the nature and particulars of the violation or difference and the solution sought. If a party to the Collective Agreement claims that the time limit imposed under the Collective Agreement has not been complied with, the parties shall proceed to appoint the Arbitrator or an Arbitration Board and, if the Arbitrator or the Arbitration Board is satisfied that the irregularity with respect to the time limit has not prejudiced the parties to the Arbitration and will not affect the merits of the matter submitted to the Arbitrator or Arbitration Board, it may, on application of any party to the Arbitration, declare that the irregularity does not affect validity of the decision of the Arbitrator or Arbitration Board; and the declaration is binding on the parties to the Arbitration and on any person affected by the decision of the Arbitrator or an Arbitration Board.
If the dispute is not settled within ten (10) teaching days from the date when the Association takes the matter up with the Division or from the date the Division notifies the Association in writing of its desire to have the difference negotiated, the dispute shall, upon the written request of either party, be submitted to an Arbitrator or an Arbitration Board as herein prescribed.
Within ten (10) teaching days of the delivery of the written request to settle the difference by arbitration, each party shall nominate one member, ready, willing and able to sit on the Arbitration Board and two members so selected shall, within a further period of ten (10) teaching days, nominate a chairperson ready, willing and able to serve in the capacity of chairperson of the Arbitration Board. In the event of the failure of the two first mentioned members of the Board to agree upon the selection of a chairperson, the matter shall be referred by them to the Manitoba Labour Board who shall choose the chairperson.
PROVIDED THAT: If the Division and the Association, after delivery of the written request to settle the grievance by arbitration and before the expiration of the ten (10) teaching day period prescribed for the selection of their respective nominees agree that the difference shall be settled by a single-named Arbitrator, the Arbitrator so selected shall have the like authority as the Arbitration Board to make a final settlement of the difference and shall act in the place and stead of the Arbitration Board.
If the parties elect to follow the procedure entailing the appointment of an Arbitration Board, then, in the event of any vacancies on the Board occurring by reason of death, incapacity or resignation or for any other reason, such vacancies shall be filled in the same manner as is provided herein for the establishment of the Board in the first instance.
The Arbitration Board shall enter upon its duties within ten (10) days after the appointment of the chairperson, unless otherwise mutually agreed by the parties and shall render its decision as soon thereafter as possible. If the dispute is referred to a single Arbitrator, he shall enter upon the duties undertaken by him within ten (10) days after his appointment, unless otherwise mutually agreed by the parties and shall render his decision as soon thereafter as possible.
Decisions of the majority of the members of the Arbitration Board (or the decision of the single Arbitrator) made under the authority of this arbitration clause, shall be final and binding upon the parties to this Collective Agreement and upon all persons to whom the Collective Agreement is binding.
If an Arbitration Board is appointed under the authority of this arbitration clause, the expenses, if any, of the members of the Arbitration Board shall be paid as follows:
The Association shall pay the fees and the expenses of the member chosen by it; the Division shall pay the fees and the expenses of the member chosen by it. The fees and expenses of the chairperson shall be divided equally between the Division and the Association. If, however, the parties elect to follow the alternative procedure, the fees and expenses of the single Arbitrator shall be divided equally between the Division and the Association.
The provisions of the Labour Relations Act concerning the appointment, powers, functions and decisions of arbitrators and arbitration boards shall apply.