Where there is a 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, the aggrieved party shall within 30 teaching days of the event giving rise to the violation or difference, or within 30 teaching days from the date on which the griever became aware of the event giving rise to the violation or difference, whichever is later, notify the other party in writing stating the nature and particulars of the violation or difference and the solution sought. 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 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 an Arbitration Board.
If the matter is not resolved within ten (10) teaching days from the date of notification, either party may request that the matter be submitted to an arbitration board as herein prescribed. Within seven (7) teaching days of the delivery of the written request to settle the difference by arbitration, each party shall nominate one member to sit on the Arbitration Board.
These two arbitrators within a further period of seven (7) days after their appointment shall meet and select a chairman mutually satisfactory to both. Should the two arbitrators fail to agree upon a chairman within the required seven (7) days, either party may request the Manitoba Labour Board to make the appointment of a chairperson.
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 mutates mutandis, to the single arbitrator.
SIGNED and AGREED on behalf of the River East Transcona School Division this 13th day of October, 2015.
Chairperson _________________________________
Secretary-Treasurer _________________________________
SIGNED and AGREED on behalf of the River East Transcona Teachers’ Association of the Manitoba Teachers’ Society this 13th day of October, 2015.
President _________________________________
Collective Bargaining Chairperson _________________________________