Should any differences arise between the parties to this agreement as to its content, meaning, application or violation, there shall be no suspension of work as a result thereof, but an earnest effort shall be made to settle such difference in the manner hereinafter provided. Where a disagreement has arisen, either party may initiate settlement procedure by notification of the other party, setting forth the details of the difference to be settled.
The aggrieved party shall, within 30 teaching days of the event giving rise to the dispute of alleged violation, or within 30 teaching days from the date on which the griever 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.
Negotiation of such difference shall commence within ten days of receipt of such notification by either party. Failing satisfactory settlement within 21 days after the initiation of such negotiation, such differences shall be referred promptly to arbitration as follows:
- Not more than 10 days after the expiration of the 21-day negotiation period, the dispute shall be submitted to a Division of three arbitrators for arbitration.
- Such Division shall consist of three members, one appointed by the Association, and one appointed by the Division, and two members so selected shall within a further period of 10 days appoint a chairman. In the event that the first two members fail to agree upon the chairman, such appointment shall be made by the Manitoba Labour Division.
- The Arbitration Division shall commence to hold hearings and make such investigations as are deemed necessary to reach a decision as soon as possible. Such proceedings shall be in accordance with the Labour Relation Act.
- The expense of the arbitration chair shall be borne equally by the parties to this agreement. Each party shall be responsible for the cost of their nominee.
- The majority decision of such Arbitration Division shall be binding on both parties to this agreement.
- 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 Division shall apply mutatis mutandis, to the single arbitrator.
- Except as herein provided, the provision of the Labour Relations Act shall apply.