Should a difference arise between the Board and any teacher(s) regarding the interpretation, meaning, operation or application of this agreement, an earnest effort shall be made to settle the difference in the following manner.
The teacher and an Association Representative in consultation with the Superintendent shall attempt to resolve any difference prior to commencement of the formal grievance process. Any discussions at this stage shall be without prejudice to the formal grievance process.
Where a difference arises between the parties to or the persons bound by the agreement or on whose behalf it was entered into concerning its content, meaning, application or violation, either party shall, within forty (40) teaching days of the event giving rise to the violation or difference, or within forty (40) teaching days from the date on which the griever became aware of the event giving rise to the violation or difference, notify the other party in writing, stating the violation or difference and the solutions sought.
Any such 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 ten (10) teaching days from the date when the Association takes the matter up with the Division or the Division notifies the Association in writing of its desire to have the difference negotiated, shall, upon written request by either party, be submitted to an Arbitration Board consisting of three (3) members. Each of the parties to the dispute shall, within seven (7) days of the date of the written request for arbitration, appoint an arbitrator and shall notify the other party of the appointment. These two (2) arbitrators, within a further seven (7) days after their appointment, shall meet and select a chairperson. Should the two (2) arbitrators fail to agree upon a chairperson within the seven (7) days, either party may request the Labour Board to appoint a chairperson. Except as herein provided, the Labour Relations Act shall apply. 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 mutatis mutandis to the single arbitrator. The provisions of the Labour Relations Act respecting the appointment, powers, duties and decisions of arbitrators and arbitration shall apply hereto.