19.01 a) Where there is a difference between the parties, 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 thirty five (35) teaching days from the date on which the griever became aware of the event giving rise to the dispute or alleged violation, notify the other party in writing of the desire to have the difference negotiated. If the dispute or alleged violation is not settled between the parties the matter shall, upon written request of either party, be submitted to an arbitrator or an Arbitration Board as herein prescribed.
19.01 b) The notice of the difference shall be submitted to the Employer and shall contain a summary of the facts which gave rise to the grievance and the name(s) of the employee(s) immediately involved. The notice of grievance shall reference the clause(s) of the Policy Handbook on which the grievance is based and outline the required corrective measure.
19.01 c) 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 an 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 shall 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 the 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.
19.01 d) Within ten (10) teaching days of the delivery of the written request to settle the difference by arbitration, each party shall nominate one (1) member ready, willing and able to sit on the Arbitration Board, and the two (2) 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 the chairperson of the Arbitration Board. In the event of failure of the two (2) first mentioned members of the Board to agree upon the selection of the chairperson the matter shall be referred by them to the Chief Justice of the Province of Manitoba who shall choose the Chairperson.
19.01 e) If, after delivery of the written request to settle the grievance by arbitration, and before either party names its nominee to sit on the Arbitration Board, the parties agree to refer the matter to a single arbitrator, they shall appoint an arbitrator to hear and determine the dispute. 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.
19.01 f) If the parties elect to follow the procedure entailing the appointment of an Arbitration Board, then, in the event that any vacancy on the board occurring by reason of death, incapacity, or resignation, or for any other reason, such vacancy shall be filled in the same manner as provided herein for the establishment of the board in the first instance.
19.01 g) If the parties elect to utilize the alternative procedure therein provided, namely, the joint selection of a single arbitrator, and if that arbitrator should resign or die before completing the performance of the 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.
19.01 h) The board of arbitration shall enter upon its duties within ten (10) days after the appointment of the chairperson, unless otherwise mutually agreed upon by the parties, and shall render its decision as soon thereafter as possible. If the dispute is referred to a single arbitrator, the arbitrator shall enter upon the duties undertaken within ten (10) days after the appointment, unless otherwise mutually agreed by the parties, and shall render a decision as soon thereafter as possible.
19.01 i) The Arbitration Board (or the single arbitrator when the alternative procedure has been invoked) shall confine him/herself to the grievance submitted for arbitration and shall have no authority to determine any other issues not so submitted. The Arbitration Board or arbitrator shall have no power to add to, subtract from, modify or amend the provisions or terms of this agreement.
19.01 j) Decisions by 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 of this Collective Agreement and all persons upon whom the Collective Agreement is binding.
19.01 k) 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:
19.01 k) i) The Association shall pay the fees and expenses of the member chosen by it.
19.01 k) ii) The Employer shall pay the fees and expenses of the member chosen by it.
19.01 k) iii) The fees and expenses of the chairperson shall be divided equally between the Association and the Employer.
19.01 l) Any change or alteration of or addition to or substitution for any of the terms of this agreement shall be made by negotiation between the Employer and the Association.
19.01 m) Part VII of The Labour Relations Act applies, with necessary changes, to the arbitration of collective bargaining disputes between the parties.