a) Where a violation of this Agreement is alleged by a Party to or persons bound by the Agreement or on whose behalf it was entered into, or a difference between the Parties arises relating to the content, meaning, application or violation of this Agreement, either Party shall, within thirty-five (35) teaching days of the event giving rise to the alleged violation or difference, or from the date on which the grievor became aware of the event giving rise to the alleged violation or difference, notify the other Party in writing, stating the alleged violation or difference, and the solution(s) sought. If one of the Parties claims that this time limit imposed herein has not been complied with the Parties shall proceed to appoint an Arbitrator or Arbitration Board as hereinafter provided and, if the Arbitrator or 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 dispute submitted to the Arbitrator or Arbitration Board, it may, on application of any Party to the arbitration, declare that the irregularity does not affect the validity of the Arbitrator or Arbitration Board rendering a decision; and the decision of the Arbitrator or Arbitration Board shall be binding on the Parties to the arbitration and on any person affected by the decision of the Arbitrator or Arbitration Board.
b) If there is no irregularity as provided for above, any difference which is not settled to the satisfaction of the Parties within fifteen (15) teaching days from the date when either Party notifies the other Party in writing of its desire to have the difference negotiated, shall, upon further written request of either Party, be submitted to a single named mutually agreed upon Arbitrator or to an Arbitration Board consisting of three (3) members as herein prescribed.
c) Each of the Parties to the dispute shall, within seven (7) teaching days of the date of the written request for the arbitration, appoint an Arbitrator to the Arbitration Board and shall notify the other Party of the appointment. These two (2) Arbitrators within a further period of seven (7) teaching days after their appointment, shall meet and select a Chairperson. Should the Arbitrators fail to agree upon a Chairperson within the required seven (7) teaching days, either Party may request the Manitoba Labour Board to appoint a Chairperson.
d) If the Board and the Association, after the delivery of the written request to settle the dispute by arbitration and before the expiration of the seven (7) 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.
e) Except as herein provided, The Labour Relations Act shall apply.
f) The Division shall pay the fees and the expenses of the member chosen by it and the Association 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.
g) The decision of the Arbitrator or Arbitration Board shall be limited to the dispute or question contained in the statement or statements submitted by the parties, and the decision shall be limited to the interpretation of the statement or statements submitted by the parties.