Where there is a dispute between the parties to or persons bound by the Agreement or on whose behalf it was entered into, concerning its meaning, application or violation, the aggrieved party shall, within 35 teaching days from the date on which the grievor became aware of the event giving rise to the dispute or alleged violation, whichever is later, notify the other party in writing stating the nature and particulars of the dispute and the solution sought. If the 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 Arbitration Board and, if the Arbitration Board is satisfied that the irregularity with respect to the time limit has not prejudiced the parties to arbitration and will not affect the merits of the matter submitted to the 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 Arbitration Board and the declaration is binding on the parties to the arbitration and on any person affected by the decision of the Arbitration Board.
In accordance with the above timelines, the grievor and/or the Association shall notify the Chief Superintendent, in writing, of the nature and particulars of the dispute and the resolution sought. The Chief Superintendent shall issue a decision in writing to the grievor and/or the Association within ten (10) teaching days after receipt of the grievance.
Failing satisfactory settlement with the Chief Superintendent, or failing receipt of the Chief Superintendent’s decision, the grievor and/or the Association may take the matter up with the Board.
A hearing for the presentation of the grievance to the Board shall be held at the next regularly scheduled Board meeting. The Board shall render its decision within ten (10) teaching days following the hearing.
If the dispute is not settled within ten (10) teaching days from the date of the hearing with the Board or the Board 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 the two members so selected shall, within a further period of ten (10) teaching days nominate the Chairperson, ready, willing and able to serve in the capacity of the 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 Labour Board who shall choose the Chairperson.
PROVIDED THAT: If the Board and the Association, after delivery of the written request to settle the grievance by arbitration and before the expiration of the ten (10) teaching days 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 vacancy on the Arbitration Board occurring by reason of death, incapacity or resignation, or any other reason, such vacancy shall be filled in the same manner as is provided herein for the establishment of the Arbitration Board in the first instance.
PROVIDED THAT: If the parties elect to utilize the alternative procedure herein provided, namely the joint selection of a single arbitrator, and if that arbitrator should resign or die before completing the performance of his/her duties, the parties shall revert with respect to the dispute concerned, to their respective positions as of the date on which the written request to arbitrate the dispute was delivered.
The Board of Arbitration 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/she shall enter upon the duties undertaken by him/her within ten (10) days after his appointment, unless otherwise mutually agreed by the parties, and shall render his/her decision as soon thereafter as possible.
The decision of the Arbitration Board (or of the single arbitrator when the alternative procedure has been invoked) shall be limited to the dispute or question contained in the statement or statements submitted by the parties, and the decision shall not change, add to, vary or disregard any provision of this Agreement.
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 all persons upon whom the Collective Agreement is binding.