WESTERN TEACHERS' ASSOCIATION

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

ARTICLE 10 - PROVISION FOR SETTLEMENT OF DISPUTES

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 content, meaning, application or alleged violation, the aggrieved party shall, within thirty-five (35) teaching days of the event giving rise to the dispute or alleged violation, or within thirty-five (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 dispute is not settled within ten (10) teaching days from the date when the Association takes the matter up 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 serve 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 Manitoba Labour Board who shall choose 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 with the necessary changes in points of detail, to the single arbitrator.  Except as herein provided the Labour Relations Act shall apply.