8. Provisions for Settlement of Disputes During Currency of Agreement
Committee on Adjustments
At the request of either of the parties hereto, any question of interpretation or application of the provisions of this Agreement may be referred to the Committee on Adjustments which shall consist of two (2) representatives from the Division, appointed by the Chief Superintendent, and two (2) representatives appointed by the Association. Both parties may have additional persons in attendance.
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 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 its desire to have the difference negotiated. If the dispute or alleged violation is not settled between the parties the griever, after being notified that the grievance is denied, shall within a further thirty (30) teaching days or such time as the parties may mutually agree, refer the dispute to an arbitrator or an arbitration board as herein prescribed. The notice of difference shall be submitted to the Chief Superintendent 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 Collective Agreement on which the grievance is based and outline the required corrective measures. In the case of a policy grievance the notice shall reference the clause(s) of the Collective Agreement on which the grievance is based and outline the required corrective measures. 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 the 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 will 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 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. Within ten (10) teaching days of 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 chairperson of the arbitration board. In the event of the failure of the two (2) 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 the chairperson. PROVIDED THAT: If the Division and the Association, after delivery of the written request to settle the grievance by arbitration, and before the expiration of the ten (10) teaching days period prescribed for the selection of their respective nominees agree that the difference shall be settled by a single named arbitrator, 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. If the parties elect to follow the procedure entailing the appointment of an arbitration board, then, in the event of 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 is provided herein for the establishment of the board in the first instance.
PROVIDED THAT: If the parties elect to utilize the alternative procedure herein 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.
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.
The decision of the arbitration board (or of the single arbitrator when the alternative procedure has been invoked) shall be limited to the dispute or question contained in the statement or statements submitted by the parties, and the decision shall not change, add to, vary or disregard any provision of this Agreement.
Decisions of 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 to this Collective Agreement and all persons upon whom the Collective Agreement is binding.
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: The Association shall pay the fees and expenses of the member chosen by it; the Division shall pay the fees and expenses of the member chosen by it; the fees and expenses of the chairperson shall be divided equally between the Association and the Division. If, however, the parties elect to follow the alternative procedure, the fees and expenses of the single arbitrator shall be divided equally between the Association and the Division.
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 Division and the Association.