MOUNTAIN VIEW TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2014/07/01 - 2018/06/30 (EXPIRED)

ARTICLE 29.00 - PROVISIONS FOR SETTLEMENT OF DIFFERENCE

29.02

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 10 teaching days from the date when the Association takes the matter up with the school division or the school 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 appointments, shall meet and select a chairperson. Should the two arbitrators fail to agree upon a chairperson; within the required seven days either party may request the Manitoba Labour Board to appoint a chairperson. Except as herein provided, the Labour Relations Act shall apply.

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 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 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.