Where a difference arises between the parties to or the persons bound by this agreement or on whose behalf it was entered into concerning its content, meaning, application, or violation, either party shall, within 35 teaching days of the event giving rise to the violation or difference, or within 35 teaching days from the date on which the griever became aware of the event giving rise to the violation or difference, notify the other party in writing, stating the violation or difference and the solutions sought.
Any 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, which is not settled to the satisfaction of the parties within ten teaching days from the date when the Association takes the matter up with the Division or the Division notifies the Association in writing of its desire to have the difference negotiated shall, upon the written request of either party, be submitted to an Arbitration Board consisting of three members. Each of the parties to the dispute shall, within seven days of the date of the written request for arbitration, appoint an arbitrator and shall notify the other party of the appointment. These two arbitrators, within a further period of seven days after their appointment, shall meet and select a chairman. Should the two arbitrators fail to agree upon a chairman within the required seven days, either party may request the Manitoba Labour Board to appoint a chairman. Except as herein provided the Labour Relations Act shall apply.
Where a party to this Collective Agreement submits a dispute under the Collective Agreement to an Arbitration Board as aforesaid, notwithstanding the time limits herein before set forth, the parties shall proceed with the appointment of the Arbitration Board and, if 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 Arbitration Board, it may, on its own initiative or on application of any party to the arbitration, declare that the irregularity does not affect the validity of the decision or award of the Arbitration Board; and the declaration is binding on the parties to the arbitration and on any person affected by the decision or award of the Arbitration Board.
Nothing herein shall prohibit the parties from agreeing on a single arbitrator. If the parties so agree, the provisions of this Article relating to an Arbitration Board shall apply mutatis mutandis to the single arbitrator.